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HomeMy WebLinkAbout03/05/1991 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 1, 1991 1. Attached is the Police Newsletter for City Council review. 2 . Attached is the March Business Update from City Hall. 3 . Attached are the February 7, 1991 minutes of the Board of Adjustment and Appeals. 4 . Attached are the February 7, 1991 minutes of the Planning Commission. 5 . Attached is the agenda for the March 7, 1991 Board of Adjustment and Appeals meeting. 6. Attached is the agenda for the March 7 , 1991 Planning Commission meeting. 7 . Attached is a copy of a press release received from the Shakopee Police Department for your information. 8 . Attached is the March calendar of Upcoming Meetings. 9 . Attached are the January 28, 1991 minutes of the Shakopee Communications Advisory Commission. 10. Attached is a copy of an article regarding "Virginia charter change gives council override of utilities commission decisions" for your information. 11 . Attached is a memo from the City Attorney explaining that the city will be able to issue 12 (only) on-sale liquor licenses once it is a third-class city. The five (5) additional licenses previously approved by the voters will no longer apply. BUSINESS UPDATE FROM CITY HALL Vol . 5 No. 3 Dear Chamber Member: March 1, 1991 BUILDING One of the more interesting building projects currently being monitored by the building department include the interior renovation of the Stans House located at the Southeast corner of Fuller Street and Second Avenue. Project completion is scheduled for early May. Upon completion, the Stans House will be open to the public and serve as a museum focused around the life of Maurice Stans, former U.S . Secretary of Commerce and Shakopee resident. CITY CLERK On February 19th, City Council adopted resolutions of appreciation to three recently retired firemen: John L. Ries Jr. , 30 years; Bill Engel, 22 years; and Jim Link, 13 years. Council also adopted resolution of appreciation to Virgil Mears, Dave Rockne and Debra Amundson for their years of service on various boards and Commissions. On February 19th, City Council amended the City Code by adding one additional on-sale liquor license for small establishments and subtracting one for large establishments. COMMUNITY DEVELOPMENT For the past five years, the City of Shakopee has sponsored a City Clean-Up Day. In 1991, the Energy and Transportation Committee will be recommending several modifications to the program. Modifications are being proposed in an attempt to decrease program costs. Scott County has obtained grant funds which will allow the City of Shakopee to fund a recycling clean-up day. In the past, the City' s dump day program allowed for the disposal of all types refuse. The proposed 1991 program will only allow for the disposal of recyclable materials. Following is a list of materials that are being considered as items which can be disposed of at the 1991 recycling clean-up day: tires, batteries, appliances, yard waste, brush and scrap metal. Since the program will be funded by County grant funds, the Energy and Transportation Committee will be recommending that all gate fees be eliminated. The proposed recycling clean-up day will be held on either the weekend of May 4th or May 18th. ENGINEERING/PUBLIC WORKS On February 12 , 1991 the Scott County Transportation Coalition had their annual meeting. An open house was held to allow citizens to review the status of the 3 transportation projects, namely the Shakopee Bypass, the Bloomington Ferry Bridge and the T.H. 169 Bridge and Downtown Bypass. Newly appointed MnDOT Commissioner John Riley was the featured speaker and provided the audience with some insight on transportation issues for the 1990 ' s. The City Council has set a public hearing to consider upgrading 2nd Avenue for March 5, 1991. The project limits go from Spencer St. to Naumkeg Street and would consist of upgrading the road to City standards. PARKS AND RECREATION A recent national survey revealed that gardening is America' s favorite leisure time activity. Minnesota Green, an organization that promotes gardening, reported that community gardens and community garden clubs are rapidly forming all across the State of PARK AND RECREATION (continued) Minnesota. Minnesotans are environmentally responsible people and are actively taking steps to beautify their town entrances, parks, boulevards and main streets. Community gardens exist in cities like New Prague, Brooklyn Center, Brooklyn Park, Roseville, Waseca, Minneapolis, St. Paul, Robbinsdale, Northfield, Cottage Grove, LeSeuer, Morris, Rochester, and Silver Bay. Volunteers operate most of these community gardens. The Shakopee Parks and Recreation Department is sponsoring a special presentation on "Community Gardens and Garden Clubs" Saturday, March 9 , 10AM at the Community Youth Center in Lion' s Park. The event is open to the public and there is no fee. If enough interest is shown, Shakopee may someday have a community garden of its own. PLANNING At the February 19, 1991 meeting the City Council approved the draft Shakopee Comprehensive Plan: 1990-2010. The draft plan will be forwarded to the Metropolitan Council for their review. Since the draft plan is considered a major amendment to the existing 1981 Comprehensive Plan the Metropolitan Council has up to three months to review the plan. POLICE Designated Driver Project On January 4 , 1991, a survey was mailed to the on-sale liquor establishments participating in the Designated Driver Project. Of the 14 surveys mailed, 12 were returned. The respondents indicated that over 200 bar patrons had elected to act as Designate Drivers since the project began on Thanksgiving Eve. All but one of the respondents felt the program is worthwhile and would like to see it continue. The project may or may not have a bearing on the fact that 9 drivers were arrested for DWI during December of 1990 as opposed to 21 during the same period a year ago. In January 1991, DWI arrests numbered 13 , down from 16 a year ago. More Identification Bracelets have been purchased and will be made available to participating establishments on request. Additional information on the Designated Driver Project can be obtained by calling the Police Department at 445-6666 or the Chamber Office at 445-1660. BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA REGULAR SESSION February 7, 1991 MEMBERS PRESENT: Kahleck, Spurrier, Rockne, Lynch, Joos, Allen and Christensen MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Dave Hutton, Public Works Superintendent Sharon Storholm, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA Chairperson Kahleck noted that in item #8, the applicant is LeRoy Signs, not Norwest Bank. The agenda was approved as corrected. III. ELECTION OF OFFICERS FOR THE BOARD OF APPEALS AND ADJUSTMENTS AND PLANNING COMMISSION MOTION: Commissioner Spurrier moved that the election be postponed until the new Board of Adjustments and Appeals is assembled. Lynch seconded the motion and it passed unanimoulsy. IV. APPROVAL OF JANUARY 10, 1991 MEETING MINUTES Minutes were approved as presented. V. RECOGNITION BY BOARD OF ADJUSTMENTS AND APPEALS OF INTERESTED CITIZENS Chairperson Kahleck stated that anyone present in the audience wishing to speak on any issue not on the agenda should speak up at this time. There was no response. VI. 1990 BOARD OF ADJUSTMENTS AND APPEALS AND PLANNING COMMISSION ANNUAL REPORT Ekola noted the annual reports for both the Board of Adjustments and Planning Commission were included in the packet. He requested that the portion for the Board of Adjustments and Appeals be approved and forwarded to City Council . Minutes of the Page 2 Board of Adjustment and Appeals February 7 , 1991 MOTION: Commissioner Allen moved that the portion of the annual report for the Board of Appeals and Adjustments be approved and forwarded to the City Council. Commissioner Lynch seconded the motion and it passed unanimously. VII . RESOLUTION 605 BY PARKSIDE PRINTING TO CONSIDER A 28 ' VARIANCE FROM THE REQUIRED FRONT YARD SETBACK TO INSTALL AN AWNING Chairperson Kahleck opened the public hearing. Ekola noted that the applicant was requesting a variance for an addition to a non-conforming structure. He stated that the applicant is requesting a variance to add an awning to the existing non-conforming structure which is located 5 ' from the front property line. The proposed awning would extend an additional three feet towards the front property line, leaving a two foot setback. The required front yard setback in B-i district is thirty feet and awnings are considered an integral part of a structure. The hardship identified by the applicant is that the building was built in 1954 , prior to his ownership and the setback requirement. The purpose of the awning is intended to create a more attractive building. Lettering will also be added to the awning. Ekola noted that the City Engineer has expressed concerns on visibility for motorists and pedestrians and recommends a minimum height for the awning of seven feet (bottom measurement to ground. ) The applicant has indicated that the awning would be placed eight feet from the ground. Ekola said that staff is recommending denial of the request on the basis of the following reasons: 1. There are other ways to improve the appearance of the building using alternative designs that do not encroach into the setback. 2 . A special privilege would be conferred upon the applicant if the request were to be approved that other owners of similar properties do not enjoy. 3 . By diminishing visibility along the street, such an awning would endanger public welfare. If this 3 Minutes of the Page 3 Board of Adjustment and Appeals February 7, 1991 request should be approved, it is recommended that the lowest part of the awning be required to be a minimum of seven feet above ground level . Ekola referred to the site plan on the wall and said that there was a visibility concern on the front property line. He was concerned with the integrity of trying to maintain the required building setbacks. Commissioner Christensen noted that other buildings have protrusions over the sidewalks in this area. Ekola noted that the awning would not extend into the public right of way. Commissioner Lynch added that there were a number of businesses that have awnings over the sidewalk. Ekola said that many buildings are non-conforming (built before the ordinance was created. ) The capacity and speed of traffic will be higher on 1st Avenue near the subject site than in the downtown area. Ekola felt that there was no hardship. Chairperson Kahleck did not agree that this awning would endanger public safety. She stated that there is a hardship in this instance. Improving the building image is difficult and the applicant is limited in ways to improve it. The City needs to encourage the applicant. The applicant, Mark Kuechenmeister, came forward to present his request for the variance. In regard to finding other ways to improve the image and appearance of the building; three contractors have not come up with no better ideas. He noted that the awning on Turtle' s had improved that building ' s appearance. The applicant showed a video to the Board that portrayed two or three others in the B-1 district that have such awnings including Jim and Lucy' s and Total Rental . He would be receiving no more privilege than these businesses. He noted that the awning will not be over the sidewalk as some others in the area are. On the traffic issue; there are a number of structures on the street that protrude further towards the street. He illustrated this on the video tape. Addressing the driveway and traffic issue, he noted that cars and pickups are not a problem--possibly only semi-trucks would be affected and a sign could be put up to ban them if needed. Mr. Kuechenmeister stated that the freestanding sign on the property would remain in place. Minutes of the Page 4 Board of Adjustment and Appeals February 7 , 1991 Chairperson Kahleck noted that if the request were to be granted, it must be granted with the minimum that would aleviate the hardship. She felt eighteen inches is the minimum. Mr. Kuechenmeister felt that eighteen inches would be too small for the size of the building. Commissioner Spurrier noted a provision in the ordinance which deals with circumstances when the setback is less than the required one. It states that the Board can go to the next block face for comparison--which would be Total Rental and the Cleaners. Commissioner Christensen felt that regarding the renovation of the downtown area, the Board should motivate businesses to make their property more aesthetic and encourage this improvement. The applicant has to deal with the property he has. Chairperson Kahleck closed the public hearing. MOTION: Commissioner Rockne moved that the Board approve variance request 605 to construct an awning up to three feet in width. The awning should be a minimum of 8 ' above the ground. Commissioner Joos seconded the motion and it passed unanimously. VIII RESOLUTION 606 BY LEROY SIGNS TO CONSIDER A VARIANCE TO REPLACE FOUR NON-CONFORMING SIGNS ON THE WALLS OF THE FORMER FIRST MINNESOTA BUILDING Chairperson Kahleck opened the public hearing. Ekola noted that the applicant is proposing to replace four non-conforming signs on the building. The current signs (on each side) are wall signs, 150 sq. ft. in area. The proposal is to replace these signs with Norwest Bank signs of 99 sq. ft. each. He outlined the current allowance under the sign ordinance for this building. He noted that signage is not permitted on the west elevation. He stated that visibility of the bank from adjacent streets is good. The appearance and design of the bank identify it as being a financial institution. Entrances are located on the north and south sides, a drive-up teller window is on the east, and the west elevation has no entrance. By ordinance the total square footage of wall signage allowed for this property is 286 sq. ft. The proposal is for 396 sq. ft. Ekola recommended denial on the following grounds: 3 Minutes of the Page 5 Board of Adjustment and Appeals February 7, 1991 1. No exceptional or extraordinary circumstances that apply to this property. 2 . The signage area can be changed to comply with the requirements. 3 . Approval would confer a special privilege not enjoyed by others. He noted that the applicant is Chris Clark of LeRoy Signs. Commissioner Rockne said he has a problem with sign ordinances. He feels that a 3 ' 8" logo is ambitious. He had questions on how the area of a sign is calculated. Ekola said that there is a ratio between the lineal feet of the building and the signage area. He further explained methods of calculation. Mr. Chris Clark of LeRoy Signs came forward to present the variance request. He said he was representing Norwest Bank. He explained that they would like consistent signage on all their bank locations in the Metro area. When the lettering for the First Minnesota Banks is taken down, there is scarring and fading on the walls. They would like to put up signage where the existing signage is now. He asked if the sign ordinance had changed. They are reducing the amount of signage by 1/3 . Ekola noted that the sign ordinance was updated in 1988 . Chairperson Kahleck felt that this was an unusual situation. She has been in the retail sign business for 6 years and felt that the ordinances should have been investigated before. She asked why the bank representatives were not present to explain the variance instead of Mr. Clark. Mr. Clark said that they were changing signs in 50 municipalities. There have been only a few problems. They would like to keep the signs consistent. He is appearing here as a favor to the Bank through working with them on the project. Initially, they had used a banner to cover up the First Minnesota signage. The existing bank in Shakopee had signs on all four sides. Commissioner Joos asked if it would be a problem to reduce the signage to meet code. Mr. Clark answered no, they could use 3 or 4 signs covering 70 sq. ft. He noted that the signs in the drawing are to scale. Minutes of the Page 6 Board of Adjustment and Appeals February 7 , 1991 Commissioner Christensen noted that the new signage will be smaller than the existing signage. Commissioner Joos said that if signage was eliminated on one side, this would result in the biggest reduction in square footage. Chairperson Kahleck said the applicant would like larger signs than the City allows on two sides and permission for one on the west side. Ms. Ellen Muller, Manager of the Shakopee branch of Norwest came forward. She said it is important to have signage on the west side as it is difficult to identify the building from that direction. Ekola reviewed the ordinance requirements pertaining to wall size. Commissioner Christensen asked if there was a sign in the parking area now and if there had been any complaints. Ekola said he had not received any complaints. Mr. Clark noted that the sign would be backlit. Chairperson Kahleck closed the public hearing. MOTION: Commissioner Allen moved that the Board deny variance request 606 and grant the variance required by ordinance. Commissioner Spurrier seconded the motion. Commissioner Christensen said she too felt strongly about signage. She noted that it can add to an area. The proposal here is to reduce the signage. This is important, especially if other properties have such signage. She did not concur with the motion on the table. Commissioner Allen said that the motion is based on the fact that there are other options. There is no hardship. Commissioner Joos felt the Board needed to stand firm behind the sign ordinance. Commissioner Spurrier felt the applicant would be given a special right on the property. He was, however, suprised there could be no signage on the west. 3 Minutes of the Page 7 Board of Adjustments and Appeals February 7, 1991 Ms. Marty noted the concept of signage transfer. It allows a property owner the ability to transfer signage rights to other building surfaces provided a maximum area is not exceeded. Motion passed 6-1 with Commissioner Christensen voting nay. IX. OTHER BUSINESS Chairperson Kahleck noted that there has been a recent letter to the editor from an applicant on a December action. The variance had been granted, but the applicant was unhappy about Mr. Ekola ' s role. Chairperson Kahleck noted that Mr. Ekola had followed the City' s ordinances and further stated that she was in full support of staff and the Board. X. ADJOURNMENT Meeting adjourned at 8 : 50 p.m. wit PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1991 MEMBERS OF THE PLANNING COMMISSION: Kahleck, Spurrier, Rockne, Lynch, Joos, Allen & Christensen MEMBERS PRESENT: Kahleck, Spurrier, Rockne, Lynch, Joos, Allen & Christensen MEMBERS ABSENT: None OTHERS PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Dave Hutton, Public Works Director Sharon Storholm, Recording Secretary I. ROLL CALL Chairperson Kahleck called the meeting to order at 8 : 52 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA Chairperson Kahleck made the following changes to the agenda: 1. After item 4, add item 5, Election of Officers 2 . Add item 6, approval of the Planning Commission Annual Report 3 . Item 7 should be Presentation of Storm Water Management Plans 4 . Item 8 should be Haugen Public Hearing 5 . Item 9 should be McKenna Application 6. Item 10 should be Premier Fleet Services Application 7 . Delete the wood storage item 8 . Item 11 should be 1991 Park 5 Year CIP Recommendation 9 . Item 12 should be the Southerly Bypass Interchange Agenda was approved as amended. III. APPROVAL OF MINUTES Minutes for January 10, 1991 were approved as submitted. IV. RECOGNITION BY PLANNING COMMISSION OF INTERESTED CITIZENS Chairperson Kahleck stated that anyone present in the audience wishing to speak on any issue not on the agenda should speak up at this time. There was no response. V. ELECTION OF OFFICERS FOR THE BOARD OF APPEALS AND ADJUSTMENTS AND PLANNING COMMISSION MOTION: Commissioner Spurrier moved that the election be postponed until the new Planning Commission is assembled. Commissioner Allen seconded the motion and it passed unanimously. Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -2- VI . APPROVAL OF PLANNING COMMISSION ANNUAL REPORT MOTION: Commissioner Lynch moved that the Commission approve the Annual Report for the Planning Commission. Commissioner Christensen seconded the motion and it passed unanimously. VII . PRESENTATION OF STORM WATER MANAGEMENT PLANS The City Engineer, Dave Hutton referred to the maps on the walls and said that the City has been working on these plans for a two years. He said that the construction of the Shakopee Bypass required that the two plans be completed. The two plans before the Commission were the Mill Pond Basis and Deans Lake Basin. The plans address the quantity and quality of water. The plan identifies ponding and discharge rates for new development in the basins. At this time, Mr. Hutton said he is asking for a recommendation from the Planning Commission in order to send it on to the Council. After a question from Commissioner Rockne concerning the 1965 flood, he answered that the incident that year was a historic incident in the area and a storm water plan to handle such an infrequent occurrence cannot be handled economically. Mr. Pete Willenbring the consultant on the two plans noted that the design was prepared based on non-frozen ground conditions. Usually large storms occur in June and July, not on frozen ground. In the late winter months the probability of another 1965 flood is small . Mr. Willenbring added that they worked with Jackson Township to establish base line flows. Commissioner Spurrier said that he took exception to the statement in the plan that Shakopee needs to provide water nutrient removal . This is not required by law and other communities are not all providing this service. The soil in this area is sandy and will not hold water. Ponds may be a nuisance and tributary run off needs to be considered. He added that he is comfortable with sediment removal and run off guidelines, but uncomfortable with the nutrient portion until the State demands it. Chairperson Kahleck asked if the nutrient removal issue could be handled in another way in order to separate Commissioner Spurrier' s concern form the rest of the plan. Mr. Hutton said that Shakopee is not the only City doing this, others have similar plans. This is being required, especially in developing Cities along the Minnesota River. MOTION: Commissioner Joos moved that the Commission approve the Comprehensive Storm Water Management Plan as presented. Commissioner Christensen seconded the motion and it passed 6-1 with Commissioner Spurrier voting nay. * Recess was taken from 9: 55 to 9 : 55 p.m. Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -3- VIII. CONDITIONAL USE PERMIT APPLICATION NUMBER 602 SUBMITTED BY DENNIS HAUGEN TO CONSIDER MOVING A DWELLING UNIT ON TO THE PROPERTY AT 2045 EAGLEWOOD LANE Chairperson Kahleck noted that she had asked the County Assessor to come to this meeting. She said the order of the discussion would be to first have those speak who have not yet spoken and are in favor of the CUP. Second, those who are opposed and have not spoken will have a chance to speak. Third, any persons who have already spoken and wish to speak again will have the opportunity. She asked that speakers not to bring up information that had already been covered, just new facts should be presented. Chairperson Kahleck opened the public hearing. Mr. Bob Schmidt, County Assessor came forward and said that he was in charge of appraisals for the City of Shakopee. He stated Karen Marty, Lindberg Ekola and he had met in his office to review the appraisal for the Haugen property. The meeting lasted 1 1/2 hours. He felt that the staff memo indicated that he was in agreement with the appraisal, but he was not. He does not endorse the appraisal as being complete. As far as approving the procedure of the appraisal, that basically means he approves the form the appraisal is written on, and that is the extent of his approval. There are numerous mistakes and the comparable values are not correct. The only fact he agreed with is that the home is 1620 sq. ft. He had no specifications for the proposed structure. Chairperson Kahleck asked if this was a depreciation issue. Mr. Schmidt said a mobile home depreciates on a schedule like a car. A mobile home may not depreciate as quickly if it is placed on a foundation. There are no mobile homes in shakopee of a similar nature so comparisons are hard to find. Usually, a mobile home is worth less than a similar stick built structure. Commissioner Spurrier asked if the $60, 800 finished value was an accurate appraisal. Chairperson Kahleck reminded the Commission that it is illegal to discriminate against the structure because it is called a mobile home. There were no persons present who were in favor that came forward to speak. There were no persons present who opposed who had not already spoken that came forward. Mr. Terry Forbord of 2103 Bridge Crossing, Shakopee, came forward and requested that all reports submitted to the Planning Commission be made a part of the record. He said that sufficient facts have been given to support a denial. The opinions were prepared by experts and provide accurate information. Present tonight were Richard Marks of Universal Valuation Services and Bob Schmidt of the County Assessor' s office. Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -4- Both can answer questions on value, quality, compatibility, depreciation and deficiencies or inaccuracies. The applicant has not supported his claims. Mr. Forbord noted two documents that had been submitted to the Planning Commission prepared by Mr. Marks. The first is an estimated value of the proposed structure and the second is a review of applicant' s appraisal report. Mr. Richard Marks came forward and said he would answer any questions from the Planning Commission. He stated there was not enough information from the applicant' s submittal to do an accurate appraisal . He defined depreciation. In instances of a car or mobile home, the value goes down. An associate of Mr. Mark' s had discovered that units like the one under discussion were no longer sold in Minnesota. The State had ejected that mobile home builder out of the State. He does not know the quality or condition of the home. At this point, he can only take the applicant' s word. He does know that it will depreciate in value of it stands by itself. He felt it is hard to know what will happen if it stands on a foundation. They had found a comparison outside of the metro area that had sold for $50-55, 000 as a unit. This unit was made of metal . Wausau homes are manufactured and sell for about $60-70, 000. The appraisal that is before the Commission is full of errors. Of the comparable properties that were listed in the applicants appraisal, one situation was a divorce situation and the other involved a pond. There is no pond on the one site and no barn on the other. The appraisal is full of errors and is very questionable as to its validity. Commissioner Christensen asked if there was more value in a home like this when it is on a foundation and a garage. If only on a slab, is it likely to depreciate more rapidly? Mr. Marks answered with a qualified yes. Structures like this depreciate more slowly on foundations. When comparing, one needs to compare apples to apples (double wide home to double wide home) . The market value of $105, 000 is not appropriate. In real estate, even stick built homes are dropping in value because of the recession. Commissioner Christensen asked Mr. Marks to compare mobile homes on a foundation to stick built homes regarding depreciation. Mr. Marks said it would be necessary to start from the beginning when constructed and then after several years, compare the selling prices . He had not done this as so few are available for analysis. Chairperson Kahleck asked if the neighbors ' homes would appreciate as Mr. Haugen' s home depreciated. Mr. Marks said that the market changes. People buy properties for different reasons. Some may be interested in buying for the appreciation while others just want a place to live. A buyer will look at different houses. Most would probably choose the stick built home. If this were the case, the mobile home would go down in value. The market prefers stick built homes. Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -5- Commissioner Christensen said that when an appraisal is done, the surrounding homes in the area are considered. If a double wide home is in the are of the unit being appraised, how much value would be taken off of the home being appraised? Mr. Marks said it would have a detrimental value, even a Wausau home would have a detrimental value on a neighborhood. Commissioner Spurrier asked if the value per square foot of stick built homes and the subject would be comparable. Mr. Marks answered that there are many types of manufactured homes built. Some are built very well while others are not. Commissioner Joos asked if the depreciation accelerates as the unit ages. Mr. Marks said that if there were no foundation, the value will go down rapidly and then level off. If on a foundation, he did not know. Mr. Forbord said that if one reads the appraisals, the answers are to the point. Mobile homes do depreciate. There is a published schedule for that. Chairperson Kahleck closed the public hearing. She noted that there were three options to consider: 1. Approval giving conditions. 2 . Denial giving reasons. 3 . It can be tabled until the applicant has the opportunity to rebut claims against his appraisal. Commissioner Spurrier asked Ms. Marty if the Planning Commission was obligated to take more information if they believe the information presented is sufficient. He felt that the applicant had not demonstrated that the subject property exceeds the value of all the adjacent property. Ms. Marty answered that the Commission has no obligation to review additional information. Commissioner Allen asked if depreciated value was an issue. Is the present time being considered or five years from now? Chairperson Kahleck answered that depreciation can be considered a part of the compatibility requirement. Commissioner Christensen asked how close "equal or exceed value" figures needed to be. Ms. Marty answered that it must equal or exceed the value of adjacent homes. How close (in dollar figures) would be up to the Commission. Official Proceedings of the February 7 , 1991 Shakopee Planning Commission Page -6- MOTION: Commissioner Joos read into the record a lengthy motion (which is attached to these minutes) to deny CUP #602 on the grounds that the structure is not compatible and there is a lack of value. Commissioner Lynch seconded the motion. Commissioner Spurrier noted that if the Commission were to direct staff to prepare a resolution, the applicants request could be accommodated. Commissioner Lynch withdrew the second on the motion. MOTION: Commissioner Spurrier moved that the Commission deny Conditional Use Permit #602 on the grounds that the applicant has not shown the proposed unit will be of equal value or exceed the value of adjacent dwellings. The proposed dwelling is incompatible because the value would depreciate at a different rate than the adjacent homes in the area. Commissioner Christensen seconded the motion. *See page 7 for more discussion, vote on motion. Ms. Marty noted that the reasons should be more clearly stated. Commissioner Christensen said she felt Commissioner Spurrier' s motion was accurate and reflected her thinking. Chairperson Kahleck felt that the unit would be detrimental to the sale value of adjacent homes. Commissioner Rockne felt that would be a matter of opinion. The Commission should look at the value. Chairperson Kahleck said that the fact that the Commission does not know how the unit is constructed is another reason to deny the request. Should the motion be tabled until next month? Commissioner Spurrier noted that the applicant had wanted to be present. Commissioner Rockne noted the applicant gets a seven day appeal period if action is taken at this evening' s meeting. Commissioner Christensen felt the Commission should take action and that enough information had been presented. Commissioner Spurrier felt that action should be taken by resolution. Staff could prepare this and bring it back at the next meeting. Commissioner Allen asked if the applicant could be reached within the seven day period. Mr. Ekola said he would make the phone call the next morning. Ms. Marty noted that the applicant was not denied due process as he knew when the meeting was and could have been here or sent a representative. Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -7- Staff reviewed these options with Mr. Haugen. She stated that the Commission had listed additional reasons for denial and asked if the Commission wanted to include them in their motion, the additional reasons for denial discussed were: 1. The proposed dwelling unit will be detrimental to the sale value of the adjacent homes. 2 . Structurally the proposed dwelling unit is of less value than the adjacent structures. 3 . The applicant has not given good information on construction quality or details. 4 . The fact that the Commission does not know construction details weighs against the applicant. Motion on page 6 was amended by Commissioner Spurrier to include the four additional reasons listed above for denial . Commissioner Christensen secxonded the motion. CUP Res 602 was passed 6-1 with Commissioner Rockne voting nay. Recess taken from 10: 10 to 10: 15 p.m. IX. CONDITIONAL USE PERMIT APPLICATION NUMBER 604 TO CONSIDER AN APPLICATION FOR MINERAL EXTRACTION AND LAND REHABILITATION SUBMITTED BY DAVID MCKENNA The City Planner recommended that the public hearing be continued to the March meeting for two reasons. First, the requirement to notify residents within 1, 000 feet had not been made. Second, the City of Prior Lake is requesting a continuance so they can further review the request. Chairperson Kahleck said that the item will be continued. She asked the applicant if he would like to address the Commission. Mr. McKenna came forward and said his desire was to mine gravel on farm land unfit for agriculture. He pointed out the maps on the walls and spoke of the grade or contours of the land. Erosion would be cut down as a result of the mining and reclaimation effort. The grade would be 18 percent slope after reclaimation. The operation would start on a hill in area A. All the top soil would be removed and put in a berm. Later, Area A will be reclaimed before mining on Area B is begun. The storm water drainage will flow into the retention basin in the Northwest area of the site. Regarding the road, there will be two accesses. There are 90 vehicles per day now on McKenna Road. He estimates 150-200 trucks per day at peak operations. Traffic from trucks would be very limited in winter. If the concern is how the area will look after the mining operation is done, he noted that the Roberts gravel pit has a similar grade as this one. Mr. Clarence Petsch came forward and said that he was the only one in the area notified of the meeting with the exception of one other person. Official Proceedings of the February 7 , 1991 Shakopee Planning Commission Page -8- He had notified other residents of the area. He felt the issue would have been approved at this meeting if he had not taken some action to alert the residents. He said the mining of the property had started last year and much has already been hauled out of the area. Mr. Hutton responded that the area being mined was on the Prior Lake side of the property. Mr. McKenna said the mistake in notification of the residents was unintentional . Mr. Richard Paula, who lives south of the proposed pit, came forward and said he had moved into the area because he thought it was agricultural land. His home presently has two nice views, but, if the pit were to materialize, one view would face the pit and the other would face the road to the pit. Three different school buses come down the road each day and some make stops on corners. Children cannot always be seen and there are no sidewalks. The Indian Reservation built the road for $80, 000 of their own money. He stated that there will be a maximum of 300 truck trips and that would mean one truck every 2 minutes and 12 seconds. He stated that McKenna Road is not built to handle the proposed increased traffic. He lived in south Minneapolis previously and did not have this kind of traffic there. While he does not want to hurt Mr. McKenna, it is a nightmare to him and his family. He will be back at the March meeting. Mr. Ekola noted that the March meeting will be Thursday, March 7th. MOTION: Commissioner Rockne moved that the Commission continue the request to the March meeting. Commissioner Lynch seconded the motion and it passed unanimously. Commissioner Spurrier asked that drawings of contours, proposed operations and end use plans be provided to the Commissioners prior to the next meeting. X. APPLICATION FOR CONDITIONAL USE PERMIT #607 SUBMITTED BY PREMIER FLEET FOR PERMISSION TO OPERATE A TRUCK MAINTENANCE GARAGE AT 1475 COUNTY ROAD 18 The City Planner noted that the applicant is requesting a Conditional Use Permit to operate a truck maintenance garage in an I-1 district. The light industrial district regulations require a CUP for bus and truck maintenance. The business is operating out of a portion of the existing Northwest Asphalt building. A screen fence has been constructed and trees planted in the front yard. Outdoor storage of vehicles being serviced is proposed to be located behind the existing screen fence. There had been no opposition received to the request. He noted the drawings on the board. Staff recommends approval based upon the following conditions: I, Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -9- 1. The entire business operation must be contained within the principal building. Any exterior storage of vehicles must be located within the existing screen fenced area adjacent to the building shown on the attached site plan. 2 . Spray booth construction must be approved by the City Fire Chief prior to the release of the Conditional Use Permit. 3 . The applicant will comply with the State Fire Marshall Regulations and all life/safety codes regarding ventilation and storage of lacquer and paint products. 4 . the applicant will comply with road weight restrictions. 5. No additional accesses off of County road 18 will be constructed without County approval. Chairperson Kahleck opened the public hearing. Commissioner Spurrier said he is concerned with the generation of petroleum products on the site. Commissioner Joos agreed, but felt that there were laws to cover that possibility from the State Pollution Control Agency. Commissioner Spurrier said that regulations regarding this possibility could be included as conditions of the Conditional Use Permit. Mr. Dave Daniels of 1475 Cty Rd 18 came forward and said he was one of the owners of the property. They had a surprise audit in December of 1990 by the Scott County EPA. They had done a detailed inspection and found there were no violations. The next day he had received a call asking him if he had a conditional use permit. He thought he did have one, but discovered he had a building permit for the paint booth. He received approval from Scott County, the Minnesota Government, and the Federal Government. He said that they do drain oil from trucks and it is stored in registered above ground tanks. The work that is done outside the building is only 2-3% of the gross business in a year. They do work for UPS, NSP and U.S. West. Some of this does need to be done outside. Sometimes all the stalls are full or an occasional brake job is done outside the building. However, this work is always done inside the fence. Al messes are cleaned up. He noted that he would like to have Condition #1 changed to state "majority" inside of "entirely" . Regarding condition #2 , he felt it was not fair to hold the release of the Conditional Use Permit until this is done. Items 3 , 4 and 5 are no problem. Mr. Jack Vandermatel , owner and president of the building, came forward and said that he thought they were already in compliance with the Conditional Use Permit. He appreciated that Mr. Daniels keeps the property up very well . He is concerned on the aspect of tying the other lot together based on this Conditional Use Permit. Official Proceedings of the February 7 , 1991 Shakopee Planning Commission Page -10- Mr. Ekola said that the original land was platted a Lots 1 and 2 with three different owners currently listed on City records. The lot split process would be applied in this situation with a new building permit application only. Lot 1 has been divided in half. Mr. Vandermatel said they own all of Lot 1 and all of Lot 2 . They would just need to get the property identification number taken care of. Chairperson Kahleck closed the public hearing. MOTION: Commissioner Spurrier moved that the Commission approve Conditional Use Permit with the five conditions stated by Mr. Ekola and to include a sixth condition that states there shall be no disposal of petroleum products on the site. Commissioner Lynch seconded the motion. *Addition to motion and vote below. Commissioner Joos asked if the word "entirely" should be changed to "Majority"? Ms. Marty said the Commission should remember that a majority is only 51%. Commissioner Christensen felt the Commission should reconsider the addition of number 6. She felt the environmental laws are strict enough and this would just be a burden. Commissioner Spurrier said if such disposal were made on the site, the City would revoke the Conditional Use Permit. Commissioner Allen suggested the use of 95% instead of the word "majority" . Commissioner Spurrier asked who would make the determination of 95%. Mr. Ekola noted that staff would make the determination and that if any repairs were needed on the spray booth, it should be done within a reasonable time prior to the release of the CUP. * Commissioner Spurrier added the 95% figure to item one to replace the word "entirely" in his motion above. Commissioner Christensen accepted that change and the motion passed unanimously. XI. 1991 PARKS FIVE YEAR CIP RECOMMENDATION FROM PARKS ADVISORY BOARD MOTION: Commissioner Lynch moved that the Commission accept the five year recommendation from the Park Advisory Board. Commissioner Christensen seconded the motion and it passed unanimously. 4/ Official Proceedings of the February 7, 1991 Shakopee Planning Commission Page -11- XII. SOUTHERLY BYPASS INTERCHANGES Commissioner Spurrier noted that this area, the Commission is addressing the issue to access to the mall. The traffic count projection is for 20, 000 cars and the concern is a safe way from 10th Avenue to Old 169 . XIII. OTHER BUSINESS Chairperson Kahleck thanked Commissioner Rockne for his service on the Commission throughout his years of service. Various other Commissioners extended their thanks to Commissioner Rockne also. XIV. ADJOURNMENT Meeting adjourned at 11: 05 p.m. ATTACHMENT Motion by Commissioner Joos for CUP Resolution No. 602 February 7 , 1991 Commissioner Joos moved for the Resolution of denial for Conditional Use Permit Resolution No. 602 . I move for the denial of Conditional Use Permit No. 602 , because the applicant has not met each of the required considerations and/or criteria of the City Ordinance, Section 11. 05, Subdivision 9 , regulating the moving of structures in the City of Shakopee for the following reasons. In addition to the standard criteria for issuance of a Conditional Use Permit the ordinance also requires that the applicant meet certain requirements. The applicant' s proposal has not met the following requirements as outlined in staff report by City Planner, Lindberg Ekola for the January 10, 1991 Planning Commission meeting. Paragraph 2 A - The dwelling units must equal or exceed the value of adjacent homes . Finding: The appraisal by Richard Marks, MAI Appraisers of the applicant' s proposed structure indicates the structure does not equal or exceed the adjacent homes. Review by Richard Marks of the applicant ' s appraisal clearly details numerous inaccuracies and the use of poor comparable properties to determine the value rendering it useless as reference by the Planning Commission. As noted in Mr. Marks appraisal the proposed structure depreciates annually and throughout its lifetime whereas the value of adjacent homes do not. Mr. Marks review of the applicant' s appraisal also reflects a difference in the quality of construction and how it effects the value. Testimony given by Bob Schmitz , Senior Property Appraiser for Scott County indicates that the value of the proposed structure will not equal or exceed the value of adjacent homes and the proposed structure will continue to depreciate in value throughout it' s lifetime. Paragraph 2 C - The dwelling unit must be compatible with adjacent homes. Findings, letters and testimony given entered into record by Richard Marks, MAI Appraiser, Bob Schmitz , Senior Appraiser for Scott County, Zack Johnson, Registered Architect and Certified Planner and Roger Conham, Real Estate Analyst, Conham & Associates, clearly states that the proposed structure is not compatible. Additionally the applicant proposal does not meet the criteria stated in the January 10, 1991 staff report. Criteria 1 of the Conditional Use Permit requires that the use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted nor substantially diminish property values within the immediate vicinities. Finding - the Conditional Use Permit will be injurious to the use and enjoyment of others property in the immediate vicinity for the purposes already permitted because the proposed structure does not equal or exceed the value of the adjacent homes. It will continue to depreciate in value throughout it ' s lifetime and is not compatible as required by City Ordinance. Reports, testimony, letters or record verify this. Criteria No. 2 the establishment Y of conditional use will not impede the normal orderly development improvement of surrounding vacant property for uses predominant in the area. Finding - Conditional Use Permit will impede the normal and orderly development improvement of surrounding vacant property for uses predominant in the area because the structures value is not equal to the adjacent homes in the area. The structure will continue to depreciate in value throughout it' s lifetime and is not compatible with homes in the immediate vicinity as required by City Ordinance. Testimony of record verifies this. The burden of proof is on the applicant to prove that the proposed structure is equal to the value of homes in the area. The applicant has not done this. Reports, Letters and testimony of record verify this. Motion was seconded by Commissioner Christensen. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota March 7 , 1991 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Election of Officers 4 . Approval of February 7, 1991 Meeting Minutes 5. Recognition by Board of Adjustments and Appeals of Interested Citizens 6 . 7 : 35 P.M. PUBLIC HEARING: To consider an application for a variance to allow a building permit to be issued for a parcel which does not abut a dedicated public street. Applicant: David Brown Action: Resolution No. 611 7 . Other Business a. b. c. 8 . Adjourn Lindberg Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS : 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota March 7 , 1991 Chairperson Melanie Kahleck Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of February 7 , 1991 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens 5. 7 : 40 P.M. PUBLIC HEARING CONTINUED: To consider an application for a Mineral Extraction and Land Rehabilitation and a Conditional Use Permit for gravel mining. Applicant: David McKenna Action: Resolution No. 604 6 . 7 : 45 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to operate a business on Maras Street requiring outdoor storage of salvage and stock piling of street sweepings. Applicant: One Way Sweeping, Inc. Action: Resolution No. 608 7 . 7 : 50 P.M. PUBLIC HEARING: To consider amending Conditional Use Permit No. 448 to operate a wholesale damaged car business at 1513 County Road 18 . Applicant: Duane Ferguson - Flood Brothers Auto Action: Resolution No. 610 8 . 7 : 55 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to operate a restaurant serving liquor in the B-3 Central Business District. Applicant: Paul Schwaedall Action: Resolution No. 609 9 . 8 : 00 P.M. PUBLIC HEARING: To consider a proposed ordinance amendment regarding wood storage. 10 . J.L. Shiely Conditional Use Permit Resolution No. 375. 11. Quarterly Update - Interim Ordinance. 12 . 1991 Planning Commission - Work Program. 13 . Assistant Planner Position 14 . Other Business a. b. c. Lindberg Ekola City Planner NOTE TO THE PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. FEB 25 '91 1E:05 FEIMF' 4. 7 Minneapolis , Minnesota February 25 , 1991 S R L E A JOHN DAVID BBRK 'N, age 22 , Shakopee, Minnescta, was arrested on February 22 , 1991 , by Agents of the FBI for making a bomb threat against FLYING CLOUD AIRPORT, Eden Prairie, Minnesota , by utilizing PLYING CLOUD AIRPORT ' S air traffic control frequency . The complaint filed today in United States District Court, Minneapolis , Minnesota, alleges that on January 17 , 1991 , SERKEN transmitted a radio message from his vehicle to the control tower at FLYING CLOUD AIRPORT at which time he identified himself using a fictitious Arabic name and stating he was going to blow up the airport. BERKEN was scheduled to appear before United States Magistrate FLOYD E. BOL{NE, Minneapolis, Minnesota, this afternoon. This investigation was jointly conducted by the Federal Bureau of Investigation, Federal Aviation Administration, Federal Communication Commission, Shakopee Police Department and Minnesota State Patrol . March c h 1 9 9 1 'k* Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 4:30pm 7:00pm City 7:30pm Public Council Planning Utilities Meeting Commission at the Scott County Courthouse -3rd Flr. 10 11 12 13 14 15 16 7:45am Downtown Committee 17 18 19 20 21 22 23 7:00pm City 5:30pm CDC Council 7:00pm Meeting Energy & Transport- ation 24 25 26 27 28 29 30 7:00pm City Hall Cable Closed - Commission Good 7:00pm Park Friday & Rec. Board 31 February April EASTER SMTWT F S SMTWTFS 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 1 1 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 28 29 30 02/21/1991 Minutes of the Shakopee Communications Advisory Commission Regular Session Shakopee, Minnesota January 28, 1991 Chairperson Anderson called the meeting to order at 7 : 10 p.m. with Commissioners Anderson, Moonen and Abeln present. Commissions Harrison and Bastyr were absent. Barry Stock, Assistant City Administrator; Mike Amzak, Amzak Manager; Bill Lepley, Public Access Studio Manager; Bob Ziegler, Public Access Corp. President and Jack Trimbo, Representing the School District were also present. Abeln/Moonen moved to approve the minutes of the December 17 , 1990 meeting as kept. Motion carried unanimously. Chairman Anderson requested Mr. Stock to summarize where we are in the Franchise Deferral Process. Mr. Stock stated that the Cable Franchise Deferrals expire on April 1, 1991. He noted that the Cable operator has agreed to continue with the financial obligations as set forth in the initial five year period. The Cable operator has also agreed to begin making pole rental payments. This was a deferral that was set forth in the initial five year period. In regard to the Public Access Studio, Mr. Stock stated that the School District is continuing with their plans to construct a Communications Technology classroom at the Sr. High. Mr. Stock stated that they will proceed regardless of what the City of Shakopee decides to do with the existing Public Access Studio. Mr. Stock stated that the Cable Commission should decide whether or not they wish to jointly develop a studio in the school in cooperation with the School District or maintain the status quo. Mr. Stock noted that the current agreement with New Frontier Productions expires on April 1, 1991. Therefore, the option does exist to maintain the status quo through the duration of the existing agreement with New Frontier Productions and possibly relocate the studio after the current contract has expired. Commissioner Anderson questioned whether or not the School District would be interested in having the Public Access Studio relocated in 1992 in conjunction with the expiration of our current agreement with New Frontier Productions. Mr. Stock stated that he thought the School District would be interested regardless of the time frame but that it would obviously be easier to facilitate a joint operations agreement if a move was made in conjunction with the construction of the proposed video technology classroom and planned fall start up date. Commissioner Moonen questioned whether or not relocating the Public Access Studio to a new City Hall site was still a possibility. Mr. Minutes of the Page - 2 Energy and Transportation Commission January 28, 1991 Stock stated that at the present time the City has not officially acquired the Marquette Bank building. If the City does in fact acquire the Marquette Bank building an architect may be consulted to complete a space needs analysis and facility plan of the building. Obviously the needs of the City Hall staff would come first. If in fact there was excess space available, Mr. Stock stated that he thought that the City Council might consider using the space for a Public Access Studio. Mr. Stock stated that this was merely a guess on his part and the concept has never been proposed to City Council . Chairman Anderson stated that he felt that a move should be made to relocate the Public Access Studio to the Sr. High in conjunction with the school ' s construction plans. He stated that he felt there were many benefits to relocating to the Sr. High and that if the move is done right from the start that it would allow for a smoother transition for everyone. Mr. Anderson went on to state that the experiment that has been played out the last five to six years for contracting Public Access has not been effective in his opinion. He felt that the move to the school would also be an experiment and that he did not feel that public access use would drop. In fact, he stated that it would probably increase. Mr. Anderson stated that he felt that the involvement of students was essential in developing interest in public access that will carry through as the students mature into adulthood. He also felt that there would be a better relationship between the School District and the Access Corp. if a move were made from the start. Mr. Anderson stated that he did not see cost savings as an issue in making the move to the school. Commissioner Moonen stated that he felt that the Public Access Studio should be maintained in its present location. Mr. Moonen stated that he did favor of relocating the Public Access Studio to a City Hall facility or community center at some later date whenever it is possible. Mr. Moonen went on to state that he hasn't seen proof where the location of a Public Access Studio in a school setting has worked in terms of being advantageous to public access. Mr. Moonen went on to state that he felt that accessibility was an issue and that the Public Access Studio should be located somewhere in the downtown area and accessible to the public at all times. Mr. Moonen stated it was also his opinion that if the Public Access Studio were located in the school that public access would loose its identity. Finally, Mr. Moonen stated that if the school does pursue their video technology curriculum that it will benefit public access regardless of whether or not the studio is moved. Mr. Moonen stated that students will find public access studio in a separate location as a benefit because there will be additional equipment there that they can use to complete their projects. The bottom line is that any productions that are made in the School District can also be aired on public access. 7 Minutes of the Page - 3 Energy and Transportation Commission January 28, 1991 Commissioner Abeln stated that she was in favor of the school location for the Public Access Studio. She felt that access would be improved for both parents and students. Mr. Kazma stated that he felt that if the school were utilized as the Public Access Studio that public access usage would increase. Mr. Kazma also felt that making the move from the beginning would allow for the utilization of Mr. Lepley' s expertise in design of the proposed school video classroom. Mr. Ziegler stated he felt that if we are going to consider the school that a commitment has to be made early from the start. He stated that this is necessary in order for us to have design elements included that are advantagous to public access. For example, a separate entrance would be desirable. The acquisition of compatible equipment is also very important. Mr. Lepley stated that he felt the school option should not be considered until we can see how it operates. He felt that we should allow the School District to complete their plans and operate for a period of time before a commitment is made by the Access Corp. Mr. Lepley also stated that, in his opinion, security was a issue. He noted several examples of where school equipment has been stolen. Mr. Stock stated that he felt the school location would provide for some continuity in terms of access support staff. He noted that while the Access Corp. employee may change from time to time, the School District employee would probably be there for quite some time. Chairman Anderson asked Mr. Trimbo how he perceived this issue. Mr. Trimbo stated that he tended to agree with Mr. Anderson in terms of having the involvement from students from the beginning. On the other hand, he stated that Mr. Moonen' s point about the possibility of losing the Public Access identity was also a possibility. He stated that it was a difficult decision for the Cable Commission and Access Corp. to make but that in any event the School District was planning to proceed regardless of the Cable Communication Commission' s decision. Chairman Anderson stated that he did not see access to the studio as a problem. He stated that the School District is using the portion of the building where the video classroom is proposed for evening adult education purposes. He stated that the visibility of the Public Access Studio in the school, in his opinion, would not be diminished. Mr. Ziegler noted that Mr. Ward had stated earlier that he did not think it would be a problem for the Access Corp. to put a sign on the building identifying the Public Access Studio. Minutes of the Page - 4 Energy and Transportation Commission January 28, 1991 Chairman Anderson stated that he wished the other Commissioners were present for this very difficult decision. Commissioner Abeln moved to renegotiate the staffing agreement with New Frontier Productions and work with the School District in designing the media technology classroom with the intention of relocating the studio to the Sr. High when the classroom is completed. Motion failed for lack of a second. Commissioner Moonen stated that he favored maintaining the status quo. Chairman Anderson stated that he did not feel the Commission would be able to make a decision this evening given the apparent difference of opinions. Mr. Stock stated that it was not absolutely necessary for the Cable Commission to make a decision on the location of the studio this evening. Mr. Stock stated that he did desire the Cable Commission to give staff direction in regard to the amount of funding that they desire from the Cable operator so that the Cable Franchise Amendment can be drafted. Chairman Anderson stated that he hoped the other Commissioners could be present at our next meeting so that the studio location issue can be resolved. Discussion then ensued on the equipment needs of the Public Access Studio. Mr. Lepley stated that he has drafted a Five Year Capital Equipment Plan for the Cable Commission and Access Corporation' s consideration. He stated that there are seven items that need to be purchased immediately just to continue the operation of the Public Access Studio. Mr. Lepley stated that the major item in the immediate purchase category is the replacement of a 3/4" editing deck with a new SVHS editing system and SVHS camera. The approximate cost for this equipment alone was around $17 , 000 . Chairman Anderson questioned how much money was available within the Access Corporation' s account. Mr. Ziegler stated that at this time there was approximately $20, 000 available. Discussion ensued on the other equipment. It was the consensus of the Commission that a subcommittee be created to work with Mr. Lepley and review the proposed equipment needs so that a specific five year breakdown of equipment needs can be drafted. Mr. Anderson stated that a five year equipment program is essential so that a budget can be determined for each year. Mr. Anderson also stated that each year the Five Year Equipment Program needs to be updated and possibly amended. Discussion then ensued on the Cable Company' s proposal for Public Access. Mr. Stock noted that the Cable Co. is willing to pay the monthly subscriber access fee (28¢ per month) . This equates to approximately $5, 000 annually. The Cable Co. is also willing to continue to provide the annual studio maintenance grant in the amount of $2 , 000 annually. The Cable Co. is also willing to provide franchise fees as set forth in the Cable Franchise Ordinance. Finally, the Cable Co. is willing to provide monthly payments in the amount of $600. 00 to cover studio rent and I Minutes of the Page - 5 Energy and Transportation Commission January 28, 1991 utilities. Mr. Kazma pointed out that if the Public Access Studio were relocated to the school, that rent would not be needed and that the Access Corp. would have the money that was allocated for studio rent and utilities available to be used for equipment purchases and perhaps staffing costs. Mr. Moonen questioned whether or not franchise fees were based on gross revenues. Mr. Kazma responded in the affirmative. Mr. Kazma stated that with the recent rate increase and the projected growth in subscribers in Shakopee, it may be possible that franchise fees would exceed $35, 000 within the near future. Mr. Anderson questioned how the franchise fees were being used. Mr. Stock stated that the vast majority of the franchise fees are given to the Access Corp. to be used in offsetting staffing costs for the Public Access Studio. Mr. Stock stated that a small portion is retained by the City of Shakopee to cover the Assistant City Administrator' s time in administering the Cable Franchise Ordinance. Mr. Stock stated that franchise fees have to be used for Cable related expenses. This has been the commitment of the City of Shakopee ever since the beginning of the franchise. Mr. Stock stated that this is in fact a part of the Cable Communications Act. Mr. Kazma stated that the Shakopee Access Corp. is fortunate that the City of Shakopee has adhered to the guidelines set forth in the Cable Communications Act regarding the use of funds generated from franchise fees. Mr. Kazma stated that he is aware of several communities who are placing their franchise fees in the general fund for other city purposes. Mr. Lepley stated that he has drafted an access funding proposal for the Cable Commission' s consideration. Mr. Lepley stated that in addition to the franchise fee, he felt that the Cable Co. should provide the Access Corp. with a $15, 000 grant in year one and in year five of the proposed deferrals. He stated that if this amount were amortized over the five year period and if access subscriber fees were increased to 50¢ per month there would be no additional cost to the Cable Co. Mr. Stock stated that the only difference between Mr. Lepley' s proposal and tie Cable Company' s proposal is that the subscriber access fee is increased from its present level of 28¢ per month to 50¢ per month. Mr. Stock stated that he personally felt it was onerous to ask the Cable Co. to come up with $15, 000 cash in year one and an additional $15, 000 in year five. He stated that he felt it would be more desirous for the Cable Commission to have the money coming in on a regular basis as it is collected by the Cable Co. Mr. Stock stated that perhaps it is desirable for the Cable Commission to have the access subscriber fee increased above its present level. Mr. Stock went on to state that if the Cable Commission desires more funds from the Cable Co. than are presently provided, that the Cable Co. will simply pass the additional cost on to the Minutes of the Page - 6 Energy and Transportation Commission January 28, 1991 subscribers. Chairman Anderson stated that he had a difficult time increasing the subscriber access fee when there has been really no additional programming produced. He felt it was difficult to ask for more money from the subscribers when they are not receiving any more services. He went on to state that it would be nice if some type of performance criteria could be developed for the person staffing Public Access. Mr. Anderson stated that he felt the quality of the equipment and the amount of the equipment was not the most important item in delivering Public Access. Mr. Anderson stated that the personality of the person staffing Public Access was most important. Commissioner Moonen concurred. He stated that it was important to have a person who was excited about public access and who was not afraid to promote public access and to work long hours for little pay. Discussion ensued on the Cable Company' s funding proposal. Mr. Stock questioned Mr. Kazma regarding an increase in the subscriber access fee. Mr. Kazma stated that he does not favor an increase in the subscriber access fee. However, he stated that any additional funds requested by the Access Corp. or the Cable Commission will have to be passed on to the subscriber. Whether its a subscriber fee increase or an actual increase in rates was not an issue of major significance to Mr. Kazma. Discussion ensued on what level the subscriber fee should be increase to. Chairman Anderson questioned what the recent percentage cable rate increase was. Mr. Stock stated that the cable rate increase recently proposed by the Cable Co. was 17% . Mr. Anderson stated that if we increase subscriber access fees to 50¢ per subscriber per month this would equate to an excess of a 75% increase. Mr. Stock stated that perhaps it would be more reasonable to have the subscriber fee increased to 40¢ per month through the five year deferral period and that the inflationary provision be eliminated. Discussion then ensued on hen the subscriber fee should be increased. It was the consensus of the Commissioners that the fee should be increased in conjunction with the Cable Company' s next rate increase or before a specified date, whichever comes first. Abeln/Moonen moved staff to draft the appropriate ordinance amendment, increasing the subscriber access fee from 28¢ to 40¢ per month fixed through the five year deferral period at such time as the Cable Co. increased their rate or on April 1, 1992 , whichever comes first. Motion carried unanimously. Discussion then ensued on the Cable Company' s request to defer further activation of the INET. Chairman Anderson questioned whether or not a fee has ever been charged by the Cable Co. of the 9 Minutes of the Page - 7 Energy and Transportation Commission January 28, 1991 INET users. Mr. Kazma stated that Amzak has never charged a fee for the INET users. Mr. Stock stated that at the present time the Cable Franchise Ordinance does allow the Cable operator to charge the INET users an annual fee in the amount of $936. 00 for each activated channel. Commissioner Moonen questioned whether or not the INET was being used. Mr. Trimbo stated that the School District has been using the INET. Commissioner Moonen questioned what type of capacity Mr. Trimbo saw in the future in terms of INET needs. Mr. Trimbo stated that perhaps at some later date it would be necessary to have more than two channels available on the INET but that he did not see an immediate need for much more than what is presently being provided. Commissioner Moonen stated that he also did not see an immediate need for further activation of the INET. Therefore, he stated that he did not think it was necessary for the Cable Franchise Ordinance to be amended as it relates to what is currently specified in the Franchise Ordinance in terms of the INET. Moonen/Abeln moved to maintain the status quo in terms of what is presently specified in the Franchise Ordinance in terms of the institutional network. Motion carried unanimously. Discussion ensued on the next meeting date. Chairman Anderson stated that staff should attempt to find a date that would fit into each of the Commission members' schedules. He felt this was important so that the studio location item could be addressed. Mr. Lepley questioned whether or not he could proceed in acquiring the SVHS editing system. It was the consensus of the Commission that the Access Corp. should proceed in directing Mr. Lepley to acquire the SVHS editing system and camera. Mr. Lepley reported that the Conciliation Court took action in favor of New Frontier Productions in regard to the camera that was lost by a Public Access user. Mr. Lepley noted that the court awarded to New Frontier Productions the cost of the lost camera less ten months depreciation. Moonen/Abeln moved to adjourn the meeting at 9 : 05 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary * Io — . f Virginia charter change gives council override of utilities commission decisions The citizens of Virginia Nov. 6 voted funded commissions be made advisory,and Jim Mahon, Virginia Department of to allow the city council to override deci- revenue-producing commissions remain Public Utilities general manager,said much sions of the city Public Utilities Commis- autonomous. of the impetus for the charter change came sion. The length of commissioners' terms The city council can override commis- from disputes over"who was going to pay were also reduced from five years to three sion decisions with a two-thirds majority for what." years with a limit of three successive three- on financial matters and a simple majority Some of these disputes involved the year terms. on policy matters. Public Safety Commission, the Hospital The vote culminated work started by Any override decision must be made Commission, and the Department of Pub- the Virginia Charter Commission. The within 10 days of the commission's ac- lie Utilities. charter commission recommended tax- don. The city ambulance service,for instance. was under the auspices of the Hospital Commission, but staffed by fire depart- ment personnel,which were controlled by the Public Safety Commission. wHEN you NEEDAnother problem came when the De- partment of Public Utilities was billed for fire protection by the Public Safety Com- mission. PROFESSIONALS "The council has the authority to over- ride a commission now,"said Mahon."Now we'll have to see whether they use it or vvH0 ARE AT not." HOME IN DEEP WATER APPA schedules winter meetings March 10-14 Bruce A. Liesch and Associates puts a full The American Public Power Associa- spectrum of water supply services at your disposal. tion will hold its winter committee meet- Our professional staff delivers engineering and ings at the Washington D.C.,Marriott Ho- hydrogeologic consultation on all aspects of ground tel,March 10-14. water engineering: On Sunday, March 10. the Advisory • Exploration, Committee meeting will be held.The Leg- • Development or Redevelopment, islative and Resolutions Committee meet- - • Permitting. ing. PowerPAC Board of Directors and • Well Field Designs, PowerPAC Reception will be held Mon- • Protection Programs. day, March 11. On Tuesday, March 12, • Resource Assessment. the legislative workshop and rally will take • Impact Studies. and place. • All Other Related Environmental Concerns. There are no APPA-sponsored events When it comes to water.we look at more than just scheduled for Tuesday evening.This is the the surface. Talk with us today. We'll be happy to time for state and regional associations to hold congressional receptions. discuss your situation in depth. The Policy Boards Advisory Council 612-559-1423 will meet Wednesday, March 13 and the Executive Committee and Board of Direc- r. _NEW tors meeting is scheduled for Thursday, BRUCE A . LIESCH March14. Make your room reservations directly ASSOCIATES, INC . ( ) ""�•��-� - with the Marriott at 202 872-1500. For 10221111 • • EN. SCENTS S more information call Michelle Mitchell 13400 15th Ave.N Plymouth.MN 55441 at APPA,(202)467-2923. 14/November 1990 News& Views MEMORANDUM TO: Judy Cox, City Clerk FROM: Karen Marty, City Attorney DATE: February 25 , 1991 RE: Liquor Licenses At a recent City Council meeting, Councilman Sweeney asked how many liquor licenses the City will be able to issue once it is a third-class city. As set forth below, the answer is 12 . Under Minn. Stat. Sec. 340A. 413 , a third-class city may issue 12 licenses ; a fourth-class city may issue seven. Shakopee has exceeded this number by using procedure set forth in Subd. 3 of that section, which allows a referendum for additional on-sale licenses. The referendum provisions allow for a City to use either one of two ballots. One ballot allows unlimited additional licenses; the other allows a specified number of additional licenses. You indicated that Shakopee has used the second ballot each time, leading to our current allowance of five additional licenses, for a total of 12 . In 1987 the City of Hibbing asked the Attorney General for an opinion on precisely this issue. By statute, Hibbing is entitled to 15 liquor licenses. Hibbing had authorized two additional licenses by referendum when it was a third-class city, reaching a total of 17 licenses. When Hibbing became a second-class city, it was statutorily authorized to issue 18 licenses. The City asked the Attorney General whether it would keep the two additional licenses, for a total of 20 . The Attorney General held that the referendum authorized a total number of 17 licenses. "However, once the statutorily allowed number rose to 18 , the referendum results were no longer needed to effectuate the desires of the electorate. " The Attorney General concluded that the City was limited to the statutory number of licenses, and the referendum results were no longer operative. The same reasoning would apply in our cases. The City authorized additional licenses by referendum, to a total of 12 . We will soon be authorized by statute to issue 12 licenses, and the referendum results will no longer apply. If you have further questions or would like a copy of the Attorney General opinion, please let me know. Signed �,�.� � ///42 Karen Marty, City Attorney KEM:bjm[OPLIQ] cc: Dennis Kraft PLEASE NOTE: THE CITY COUNCIL MEETING WILL BE HELD AT THE SCOTT COUNTY COURTHOUSE, ROOM 318, THIRD FLOOR AT 428 S. HOLMES. PLEASE USE THE WEST ENTRANCE TO THE COURTHOUSE. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 5, 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Recess for H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk 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. ) 9] Approve Minutes of: a] Feb. 11, and *b] Feb. 19 , 1991 10] Communications: 11] 7 : 30 P.M. PUBLIC HEARINGS: a] Proposed improvements to 2nd Avenue between Sommerville and Shawmut Street - Res. No. 3373 - bring report b] Proposed assessments for the Vierling Drive Watermain, Project No. 1990-2 - Res. No. 3369 c] Cable Franchise amendment relating to the Cable Company' s provision of public access, institutional network equip- ment and services, and capital equipment - Ord. No. 308 12] Boards and Commissions: Energy and Transportation Committee: *a] Extension of Van Pool Contract b] 1991 City Clean-Up Day TENTATIVE AGENDA March 5, 1991 Page -2- 12] Boards and Commissions continued: Community Development Commission: c] Scott County Economic Development Coalition Joint Powers Agreement Park and Recreation Advisory Board: *d] Tree Planting In Timber Trails Park 13] Reports from Staff: *a] Hiring of Temporary Administrative Assistant/Research Analyst b] Second Avenue Project - Engineering Services c] Scott County Transportation Coalition *d] Agreement for Provision of Hepatites B Vaccine e] Employee Education Reimbursement f] Approve Bills in Amount of $165, 924 . 82 g] Committee of the Whole h] Administrative Policy No. 23 - Wyes for Utilities to Twin Homes 14] Resolutions and Ordinances: a] Res. No. 3370 - Approving Plans & Specs and Ordering Ad for Bids for 5th Ave. Project 1989-4 b] Res. No. 3371 - Approving Plans & Specs and Ordering Ad for Bids for Bluff Ave. Project 1990-7 *c] Res. No. 3372 - Approving Comprehensive Stormwater Management Plans *d] Ord. No. 309 - Amending Chapter 4 , Construction LIcensing 15] Other Business: a] Rs 33741 soppoter et »rI' Rea s. •-Res/Peay70met�t cov,aL b](CSRN) 17 . mp /2o1/e_ rnc. h.r pieaJa°c.7 d] l�c! t ti,S t OfTG r' o i2 y E w Se- )w c nT 16] Adjourn to Tuesday, March 19, 1991 at 7 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA I Regular Meeting March 5, 1991 1 . Roll Call at 7: 00 P.M. 2 . Approval of the February 5, 1991 Meeting Minutes 3 . Other Business a) b) 4 . Recess for an Executive Session following Council Meeting to discuss pending land transactions. a) Outlot A, Macey' s 2nd Addition b) Parcel 10, Lot 10, Blk 4 , O.S.P. 5. Reconvene 6 . Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 5, 1991 Chairman Zak called the meeting to order at 7 : 03 p.m. with Comm. Vierling, Clay, and Sweeney present. Commissioner Wampach was absent. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Vierling/Sweeney moved to approve the minutes of January 8, 1991 . Motion carried unanimously. Barry Stock reviewed the Rehab Grant Program. He said in 1990 the HRA dedicated $50, 000 from the HRA reserve fund to implement the Rehab Grant Program. He noted that in 1990 eight applications were received and approved. Approximately $34 , 000 of the initial allocation was unused. Mr. Stock stated that both the Downtown Committee and Community Development Commission believe that the Rehab Grant Program was very effective in stimulating improvements in the downtown area. They are recommending that the program be continued in 1991 using the remaining $34 , 000 of the initial $50 , 000 allocation. Clay/Vierling moved that the Rehab Grant Program be continued in 1991 allocating $34 , 000 in HRA reserve funds to the program. Motion carried unanimously. At 7 : 14 P.M. , Chairman Zak recessed the meeting for an executive session which will follow the City Council meeting. The HRA will discuss a matter relating to the sale of property. Chairman Zak re-convened the HRA meeting at 9 : 20 P.M. there was no action taken during the executive session. Chairman Zak adjourned the meeting at 9 : 20 P.M. Dennis R. Kraft Executive Director Carol Schultz Recording Secretary rya MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Appraisal of Outlot A - Macey's 2nd Addition DATE: February 28, 1991 INTRODUCTION: On January 8, 1991 the Shakopee Housing and Redevelopment Authority (HRA) directed the appropriate City officials to obtain an appraisal for the property identified as Outlot A, Macey's 2nd Addition. The appraisal report has been completed and the appraisers estimated market value of the subject property is $26,200. BACKGROUND: Shown in attachment #1 is a map indicating the location of the subject property. The Shakopee HRA was deeded the subject property in 1980 as a part of the platting process for Macey's 2nd Addition. This plat included the area encompassed by the Fourth and Minnesota Housing and Urban Development Residential Project. In reviewing the resolution approving the final plat of Macey's 2nd Addition, staff has discovered that the resolution included a condition regarding the future sale of Outlot A. The condition states that the proceeds from the future sale of Outlot A were to be dedicated for park purposes if allowed under HUD regulations in effect of the time of sale. Shown in attachment #2 is the second page of Resolution No. 1650, A Resolution Approving the Final Plat of Macey's 2nd Addition. I have been in contact with the Department of Housing and Urban Development to determine if the regulations in effect at this time would prevent the sale of Outlot A. They stated that they are aware of no regulations which would prevent the HRA from selling the property at this time. Reviewing the Planning Commission and City Council minutes from 1980, it would appear that Outlot A was set aside as the park dedication requirement in conjunction with the platting of Macey's Second Addition. Since the subject property is not suitable for park development and given the fact that it is two blocks north of Wermerskirchen Park, staff is recommending that the subject property be placed on the open market for sale. Staff is aware of several developers who are interested in the subject property. Staff would like Council to discuss whether or not the property should be advertised with a defined minimum acceptable bid or that we simply state that the property is for sale and that the City reserves the right to reject and any and all bids. Staff is recommending that we simply advertise the property for sale and reserve the right to reject all bids. Staff would also fre like to point out that the proceeds of the sale less the appraisal and advertising costs will have to be dedicated to the park reserve fund. ALTERNATIVES: 1 . Authorize the appropriate City officials to advertise the property identified as Outlot A, Macey' s 2nd Addition for sale specifying that the City reserves the right to reject any and all bids. 2 . Authorize the appropriate City officials to advertise the property identified as Outlot A, Macey' s 2nd Addition for sale with a minimum acceptable bid at $26, 200. 3 . Table action pending further information from staff. 4 . Do not proceed in selling Outlot A, Macey' s 2nd Addition. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to advertise the property identified as Outlot A, Macey' s 2nd Addition for sale with the City reserving the right to reject any and all bids. tar In - Attachment #1 G/ 40 \ r 1 r * \ O' 0'ot-11-riot"' v.,z,-- .z r.1 Iv 70,•14.0/..e 11 , czlic-kA' „qd, „ ,,.\k\ ,Ny ,‘,,,i'i- ,- t (\- . ..., sz , ,, 94 v. \ „ �� o� % \ 0l 4:7... .1:7-> � • z\ 2 L . ?L N 79°�'/4 E II L , .., � S �q•,a/0/"____Ir p2.67 i �Z87/Zo�� 45 27 �r,�irr� � J ....r — DIQAE�SE�NENf II ,. .,- \ ,? e �I 3 n 40 --is.00 N a n �_ ORA/NAGE f . 3 NI ��' vASEMf N �°Lam- — N 6?O,474-77°E "'O f 2 /40_70 — — N — c --- J ---A , _ \ \ 4 0 I -l ., h,� I O /TL o r L- - -N 840 2'/4~E 1 , ,� p /89.. 7/ ..., , - t,i ,,, „, r___ ________ og t 0,,,,,13 5 ,to a � � I � � ' 0 •Ca �j� N89°/6'4S"'E /65.47 . V _.1/4,___ /8.2. 99 /i7 s/ N 87°.'4'38"E 1 N'T 6 I N89°/6'4S"w //7. 5/ NI 3 , 7 111 . N 89°/6'4S'E //7.S/ N INfir— N 1 8 h t � N 89°/6'45-"E 40 NI- e /�7 si oc�to �' 9 01 .I l � /Y 89-/‘ '45 ' •I 1 !l 4 Owe trr,O.wwo w.CGOrna,O..,... PLAT MAP II33 Attachment #2 9 ‹.. 111111 1 ) Favorable Title Opinion by City Attorney . 2) Deeding of Outlot "A" to the City for future sale , with proceeds to be used for park purposes , if allowed under HUD regulations in effect at the time of sale . • 3) Outlot "A" be graded so as not to increase the historical run-off to properties to the North. BE IT FURTHER RESOLVED , that Mayor and City Administrator be and the same are hereby authorized and directed to execute said approved Plat . BE IT FURTHER RESOLVED, that Resolution No. 1585 is hereby repealed in its intirety . Adopted in • session of the City Council of the City of Shakopee•, M nbesota , held theis ,% day of 1980. J Mayor of the City of Shakopee ATTEST: • City,l-erk/ ' Approved �s_to form this/ day of vJti(V, 1980. 41110( . t t n e y : 1 1414 b MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: MnDOT Acquisition of Parcel 10, Block 4 , OSP DATE: February 28, 1991 INTRODUCTION: On February 5, 1991 the Shakopee Housing and Redevelopment Authority (HRA) directed staff to make a counter offer to MnDOT in the amount of $6 . 60 per square foot for the parcel identified as Parcel 10, Block 4, OSP. Attached is a correspondence from the Minnesota Department of Transportation declining the HRA' s counter offer. BACKGROUND: Parcel 10, Block 4, OSP was acquired by the Shakopee HRA in 1986 . Prior to the acquisition of the property the City ordered an appraisal of the subject property. The land value placed on the property based on comparable sales equated to $6. 60 per square foot. The 1986 appraisal served as the basis for the HRA' s counter offer to MnDOT which has subsequently been rejected. Shown in attachment #2 is a map indicating the location of the subject property. MnDOT' s proposed acquisition price for the property equates to $5. 00 per square foot. They have stated in their correspondence several recent land sales which they feel support their offer. At our last meeting, I pointed out that the proposed acquisition price for the Marquette Bank building equates to $5. 25 per square foot. If the acquisition goes as planned, this would provide the City with a very recent comparable to justify a counter offer higher than MnDOT's current position. Staff also believes that the HRA property is superior in location to the Marquette Bank property by 5%. If a 5% location indicator is applied to the actual land value being paid by the City of Shakopee for the Marquette Bank site, the adjustment value equates to $5. 52 per square foot. Staff believes that $5. 52 per square foot is a reasonable and fair estimate of the subject property' s value. If the HRA believes that the property has a higher value than $5 . 52 per square foot, the HRA could select to order an appraisal of the property. If the HRA selects to order an appraisal of the property, MnDOT will pay up to $500 for the counter appraisal . The HRA may also wish to wait and observe how the sales of other properties within the mini by-pass right-of-way proceed. Staff supports a counter offer in the amount of $5 . 52 per square foot for the subject property. Staff believes that the pending Marquette Bank transaction will justify our counter offer. ALTERNATIVES: 1 . Direct the appropriate HRA officials to make a counter offer to the Department of Transportation in the amount of $5. 52 per square foot for the property identified as Parcel 10, Block 4 , OSP. 2 . Direct the appropriate HRA officials to order a counter appraisal for the property identified as Parcel 10, Block 4 , OSP. 3 . Accept MnDOT' s offer in the amount of $5. 00 per square foot and direct the appropriate HRA officials to proceed with the purchase agreement. 4 . Take no action until several other properties are acquired by MnDOT within the mini by-pass right-of-way. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate HRA officials to make a counter offer to MnDOT in the amount of $5. 52 per square foot for the property identified as Parcel 10, Block 4 , OSP. h•.a•, Mn/DOT paroel.00l Attachment # 2 I IC�DT OI WAY PARCEL L LAYO T MINNESOTA DEPARTMENT OF TRANSPORTATION Vanf Topographic information required' Proposed R/W line & access taking. Lot lines & dimensions. Show north arrow. Outline & location of butldings & improvements. Streets or highway frontage. S.P. 7009( 169=5 )902 COUNTY Scott PARCEL NO. 10 OWNER HOWARD H. HERRGOTT Scale 1 ' = 50 ft. N \_________ 1 -20 t dz 1 /0 iij...._-::_cr.---1--)fr- 9\ \ 1 0 61S 12m a.,\ 1� • opplei3-11. B 26 8 - SIaLP 1\------ 1g*PP PS ' *7009* � - IIM _. %, ,,S 12,\0,vr{.Egill.• v--- 601 cc/ A c,S. %° -----jti-s cS) \, ,0` ---- ...,-- .---- (3_6 • 11F40, �-_ m'0. ---_:--------, _ ; '1 ,0. 5 0 o IA 0 0 AN o �J4 i� 6 t `jj_\O1041 ,n 6A5 EMS 5 Y,~��- / � ' A5 lyQ , I Ili ti .r - r \ -rokf * c) \ \ 0trl‘Wil \ 1 s "\-C3 5 �\, \ �,..,3 ‘' Y` 2 - 2 - 1 ‘,0 c, \ ,.,-, 1. el ' ` )42 (.---:- "------- .. - i i``, _,fi• 30/ ,,,., , ,O, CONC•5 562A C& ll / e . . . ��i _ 15.8 moo. - 1 T A $624 C&G 0 a = 6624 0 9.5' NCCO ? SIGNA\" - _ • `n ;_ Q `1- so o _ - `� � tjac9t- wu�� o cL cn i o- o --fir 0 ...---i___' = Q.03 Q .Q 0 o v �� N t.0 N • u- N LP 0 a.N � 4 us it Layout sketch by VMG Date 6-8-90 Parcel No. 10 tONNEsor4 Attachment #1 n r Minnesota Department of Transportation �° 395 John Ireland Boulevard � Qpm Transportation Building, St. Paul, MN 55155 MINNESOTA1990 #1>.OF -TIO FEB 2 5 1991 February 19, 1991 ._ _ 612-296-1133 CITY OF Si1AKOP Mr. Barry A. Stock Assistant City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 56379-1376 RE: S.P. 7009 (169=5) 902 *52-455 Scott County Parcel 10 - Housing and Redevelopment Authority of City of Shakopee Dear Mr. Stock: This will be in reply to your February 6, 1991, letter to Ms. LaNay Ryan Sanford. I regret that I cannot give favorable consideration to your counteroffer of $6. 60 per square foot simply because the City used $6. 60 per square foot back in 1986 when the site was acquired. Our appraisals, I think, have verified all of the recent sales in Shakopee that are true comparables. I would appreciate being advised if the City is aware of any recent sales in excess of $5. 00 per square foot which we have valued for the subject, which incidentally suffers from its small size. Following are just a few of the sales we have verified in Shakopee: 1. Lots 8, 9 and 10, Block 25 - East Shakopee, 25, 560 square feet sold in May, 1989, for $3 .81 per square foot. 2 . Lots 3 thru 7, Block 30 and part of vacated Shawmut St. adjacent to Lot 5 - East Shakopee, 48, 100 square feet sold in July, 1990, for $4.24 per square foot. 3 . Lots 4 and 5, Block 8 - East Shakopee, 17, 040 square feet; Asking price was $5. 13 per square foot with no offers. May have been recently reduced further. An Equal Opportunup Employer ill ° Mr. Barry A. Stock Page two February 19, 1991 I would hope this information satisfies the City's concern that $5. 00 per square foot for this tract is fair and reasonable and probably a little on the generous side and does reflect current fair market value. Si - - R. J. Dinnee , Director Office of Right of Way and Surveys OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MN FEBRUARY 11, 1991 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Cncl . Vierling, Clay, Wampach and Sweeney present. Cncl. Zak was absent. Also present were Dennis Kraft, City Administrator; Gregg Voxland, Finance Director; and Karen Marty, City Attorney. Dennis Kraft reviewed_ the draft purchase agreement for the Marquette Bank Building. The agreement calls for earnest money in the amount of $25, 000 and a signed contract with closing on or before June 1st of this year. Taxes will be prorated as of the date of closing. He said the City may want to buy a couple of hours of attorney time in environmental law regarding the question of asbestos as it relates to real estate. There is a lease back provision that states once the closing takes place, the City will own the building and will lease it back to the bank in the amount of $5, 500. 00 per month including taxes. It will be approximately 18 months before the City will get occupancy. Sweeney/Vierling offered Resolution No. 3359 , A Resolution Amending Resolution No. 3340 adopting a 1991 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, February 19, 1991 at 7 : 00 p.m. The meeting adjourned at 7 : 20 p.m. The meeting was followed by a Committee of the Whole Meeting. I � Judith S. Cox City Clerk Carol S . Schultz Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MN FEBRUARY 19 , 1991 Mayor Laurent called the meeting to order with Cncl. Vierling, Zak, Clay, Sweeney and Wampach present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. The following items were added to the agenda: 15a - Roundhouse Circle 15b - Administrative Car for Police Department 15c - Questionnaire from Senator Johnston Sweeney/Clay moved to approve the agenda as amended. Motion carried unanimously. Sweeney/Clay offered Resolution No. 3365, A Resolution of Appreciation to Bill Engel ; Resolution No. 3366, A Resolution of Appreciation to John L. Ries, Jr. ; Resolution No. 3367, A Resolution of Appreciation to Jim Link; Resolution No. 3349 , A Resolution of Appreciation to Virgil Mears; Resolution No. 3350, A Resolution of Appreciation to Debra Amundson; Resolution No. 3361, A Resolution of Appreciation to Dave Rockne, and moved for their adoption. Motion carried unanimously. Mayor Laurent read Resolutions No. ' s 3361 and 3366. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Three items were removed from the consent agenda: 12b) Petroleum Refunds 12d) 5th Avenue Project No. 1989-4 13g) Resolution No. 3364 Clay/Vierling moved to approve the consent business. Motion carried unanimously. Clay/Vierling moved to approve the minutes of February 5, 1991. Motion carried with Cncl. Wampach abstaining. Clay/Vierling moved to receive and file the letter from Stuart Fraser, N.S . P. regarding a proposed 8 . 1% increase. Motion carried unanimously. Kristen Converse, Executive Director, Shakopee Valley Convention and Visitors Bureau gave a brief review of their 1990 Proceedings of the February 19 , 1991 Shakopee City Council Page -2- accomplishments and an annual presentation of their upcoming objectives for the year 1991. Sweeney/Vierling moved to table the ordinance amendment on mineral extraction until March 19, 1991. Motion carried unanimously. Clay/Vierling moved to approve the draft Shakopee Comprehensive Plan 1990-2010. Motion carried unanimously. Clay/Wampach moved to direct staff to take the appropriate steps to forward the plan to the Metropolitan Council for their review and approval . Motion carried unanimously. The City Planner reviewed the Park Five Year Capital Improvement Program as recommended by the Park and Recreation Advisory Board, and Planning Commission. Clay/Vierling moved to approve the 1991-1995 Parks Capital Improvement Program. Motion carried unanimously. Clay/Vierling moved to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1990 Annual Reports. (Motion approved under consent business) . Mayor Laurent opened the public hearing on proposed assessments for the 1990-11 Sidewalk Replacement Program. The City Engineer reviewed the sidewalk replacement program. He said according to the ordinance 50% of replacements will be assessed back to the abutting owners. The total construction costs for this project were $26, 032 of which $13 , 016 will be assessed to the property owners. Cncl. Wampach asked if there has been any appeals by property owners. Dave replied there have been some questions from owners but he feels there will be no appeals to the project, most owners were pleased with the project. Clay/Vierling moved to close the public hearing (there being no one in the audience) . Motion carried unanimously. Clay/Vierling offered Resolution No. 3362 , A Resolution Adopting Assessments for the 1990 Sidewalk Replacement Program, Project No. 1990-11, and moved for its adoption. Motion carried unanimously. Dennis Kraft reviewed the policy that the City adopted sometime ago stating that 40% of the Park fund be used for land acquisition purposes and the remaining 60% be used for park development. The staff surveyed 10 other communities to determine what they did with their reserve funds. It is requested that the Council abolish the policy that is now in place. fe Proceedings of the February 19, 1991 Shakopee City Council Page -3- Clay/Vierling moved to abolish the current system of formulation for Park Reserve Fund usage (40% land acquisition and 60% park development) . Motion carried unanimously. Barry Stock reviewed the request for an appraisal to be done on the property identified as lots 3 and 4 , Block 52 , at a cost of $1, 000 . It was the consensus of the Council that $1, 000 was high for such an appraisal of this property. Sweeney/Wampach moved to direct the appropriate city officials to order an appraisal of the property identified as Lots 3 and 4 , Block 52 , at a cost not to exceed $300. 00. Motion carried unanimously. Sweeney/Vierling moved that this appraisal fee be paid out of the Council budget to be reimbursed from the sale of the property. Motion carried unanimously. Sweeney/Vierling moved to authorize staff to execute appropriate documents to utilize Petroleum Funds, Inc. to apply for refunds from the "Crude Oil Refund. " Motion carried with Cncl . Zak opposed. Dave Hutton reviewed the status of the DNR trail through Murphy' s Landing. He said Murphy' s Landing has expressed a concern on the trail going through their property which might interfere with the security. Dave said there are a number of problems with the issue of moving the fence which abuts highway 169. He said there are several trees and brush along the fence and a building that is fairly close to the fence which would have to be relocated. He said it would cause a negative impact on the area. The consensus of the Council was to ask Murphy' s Landing to try and get this issue resolved before June 1 of this year. Cncl. Sweeney said he would communicate the alternative of the trail going through the Landing itself to the Board. Sweeney/Clay moved to authorize an increase in the agreement with Orr-Schelen-Mayeron & Associates, Inc. to provide engineering services for the 5th Avenue Project No. 1989-4 by $3 , 000 . 00 bringing the total agreement to date to $24 , 800 . 00 . Motion carried unanimously. Vierling/Wampach moved to approve the bills in the amount of $394 , 944 . 04 (which includes debt service payments of $142, 877 . 50) . Motion carried unanimously. Clay/Vierling moved to authorize and direct the proper City officials to execute the easement dated December 21, 1990 between Roy S . Reed and Penelope G. Reed, the Prior Lake-Spring Lake Watershed District, and the City of Shakopee. (Motion approved under consent business) . Proceedings of the February 19 , 1991 Shakopee City Council Page -4- Dave Hutton reviewed the Comprehensive Stormwater Management Plans, the Millpond Watershed and the Blue Lake Watershed. Cncl. Sweeney asked what the cost to the City is and if we are obligating ourselves to future costs. Dave said there will be additional costs as far as maintaining any type of ponds that we construct in these watersheds. Wampach/Vierling moved to direct staff to prepare the appropriate resolution adopting the Stormwater Management Plans for the Blue Lake Watershed and the Millpond Watershed. Motion carried unanimously. Clay/Vierling moved to authorize staff to purchase a Power Trac Crawler from Cues, Inc. for a cost of $6, 500. 00 from the Capital Equipment budget of the Sanitary Sewer Fund. (Motion approved under consent business) . Vierling/Wampach moved to authorize the purchase of a 33 , 000 GVW single axle dump truck from North Star International Trucks in the amount of $47 , 190.85 plus additional features in the amount of $450. 00 from J-Craft Inc. Motion carried unanimously. Clay/Vierling offered Resolution No. 3357 , A Resolution Relating to Local Government Information System (LOGIS) : Approving an Amendment to the Joint and Cooperative Agreement and moved for its adoption (Motion approved under consent business) . Clay/Vierling offered Resolution No. 3354 , A Resolution Making Appointments to the Park and Recreation Advisory Board, and moved for its adoption (Motion approved under consent business) . Clay/Vierling offered Resolution No 3358 , A Resolution Appointing William Mars to the Planning Commission and the Board of Adjustments and Appeals, and moved for its adoption. (Motion approved under consent business) . Clay/Vierling offered Resolution No. 3363 , A Resolution of the City of Shakopee, Minnesota, Authorizing the Execution - of a Revised Revenue Refunding Note to Correct a Typographical Error in the Original Note for the Shakopee Shops Shopping Center Project, and moved for its adoption. (Motion approved under consent business) . Clay/Vierling offered Resolution No. 3360, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments Project No. 1990-8 , Valley Industrial Boulevard North and moved for its adoption. (Motion approved under consent business) . Dave Hutton said the proposed improvements to 2nd Avenue between Sommerville and Shawmut Street will call for a public hearing. There will be over 100 properties involved in this project and Proceedings of the February 19, 1991 Shakopee City Council Page -5- there may be a need for a bigger place to hold the public hearing. Consensus of the Council was for staff to look for another place to hold this public hearing. Wampach/Vierling offered Resolution No. 3368 , A Resolution Receiving a Report and Calling a Hearing on Improvements to 2nd Avenue Between Sommerville and Shawmut Street including Various Abutting Cross Streets, Project 1991-3 , and moved for its adoption. Motion carried unanimously. Sweeney/Clay offered Resolution No. 3364 , A Resolution Authorizing the appropriate City officials to enter into a transit service agreement with the Regional Transit Board for public transportation services in Shakopee for Calendar year 1991 and moved for its adoption. Motion carried unanimously. Clay/Vierling offered Ordinance No. 306, An Ordinance of the City of Shakopee, Minnesota, Repealing Sec. 2 . 21 of the Shakopee City Code, and moved its adoption. (Motion approved under consent business) . Clay/Vierling offered Ordinance No. 307 , An Ordinance of the City of Shakopee, Minnesota, Amending Sec. 5. 32 of the City Code, Subd. 12 thereof, Relating to the Class and Number of Liquor Licenses the City May Issue, and moved its adoption. (Motion approved under consent business) . Mayor Laurent announced that he would be abstaining from any discussion or motion on the Roundhouse Circle issue and turned the meeting over to Vice Mayor Sweeney. Dave Hutton said a building permit and a lot split application have been received for Lot 1, Block 1, Eagle Creek Junction 1st Addition, on Roundhouse Circle. The request is to split the lot and construct two twin homes. The current policy would require that another service connection be installed for the 2nd twin home. The street is less than 5 years old and cutting into the street may only be allowed by City Council approval. Discussion ensued on whether or not to allow a street cut to occur for this particular case. Cncl. Zak asked if any costs would be incurred by the City. Dave replied that the developer would bare all costs. Clay/Wampach moved to allow this parcel to be divided into four lots and to require individual water and sewer services for each unit to the center of the street, all costs to be incurred by the developer. Motion carried unfttimously. wcrW M)¢YD R. 1.11q)4 NT HISST4"1 "^1G • Vierling/Zak moved that seal coating be made part of the project as per specifications set forth by the City Engineer. Motion carried unanimously. Proceedings of the February 19, 1991 Shakopee City Council Page -6- There was some discussion as to what the City policy is regarding separate hookups for twin homes. Consensus was to have staff look at the current policy and bring it back to Council for discussion. Sweeney/Clay moved to authorize the Chief of Police to purchase the most appropriate vehicle at the best price possible not to exceed $10, 000. 00. Motion carried unanimously. Dennis Kraft reviewed the answers he would give to the questionnaire given by Senator Terry D. Johnston regarding the possibility of additional cutbacks. Mayor Laurent recessed to an Executive Session at 9 : 30 p.m. to discuss collective bargaining and the sale of property. Mayor Laurent re-convened the meeting at 10: 24 P.M. and stated, for the record, that no action was taken during the Executive Session. Vierling/Wampach moved to adjourn at 10: 25 P.M. Motion carried unanimously. C.D\ udot,4, Judith S . Cox Cid Clerk Carol Schultz Recording Secretary 1 I CU PLEASE BRING FEASIBILITY REPORT FROM 2-19-91 MEETING MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: 2ND AVENUE PROJECT DATE: FEBRUARY 27, 1991 INTRODUCTION Attached is Resolution No. 3373, a Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the 2nd Avenue Project. BACKGROUND On October 9, 1990 the City Council of Shakopee ordered the preparation of a feasibility report for street improvements to 2nd Avenue, Sommerville Street to Shawmut Street, including all intersecting gravel streets, by adopting Resolution No. 3295. The feasibility report has been completed and was submitted to the City Council on February 19, 1991. Subsequently, a public hearing was scheduled for March 5, 1991 by Resolution No. 3368 to consider the proposed improvements. Staff will give a presentation on the feasibility report at the public hearing. At the conclusion of the public hearing, if the City Council determines that this project should be construction, attached is Resolution No. 3373, which orders plans and specifications prepared for the project. DISCUSSION ITEMS In addition to the infrastructure elements discussed in the feasibility report, there are numerous other issues that should be discussed by the City Council on this project. The feasibility report was prepared based on existing policies and City standards and the City Council may desire to modify or revise these policies. A. Special Assessment Relief On September 11, 1990 staff submitted a memo to Council outlining various options of providing special assessment relief to low income properties. These options were as follows: * Extend the term of paying off the assessments from the current policy of 10 years to 15 or 20 years. The advantages of this option would be lowering of the lea" annual payments to the owner. The disadvantages include increasing the administrative costs of the City for tracking and maintaining payments for a longer period. Shorter term bonds with lower interest rates are also a positive factor regarding the City's bond rating. * Lowering the interest rate. The current policy is to set the interest rate on special assessment payments at 1 1/2% over the bond interest rate to help cover delinquencies. Eliminating this cushion may increase the need for City support and costs for debt service. * Revise the special assessment policy to reduce the amount of assessment. Currently, upgrading a gravel street to a paved one is considered new street construction and assessed at 100%, rather than street reconstruction which is 25% assessed. Changing this policy will have serious financial implications for the City on this and future gravel street projects. The City Council has already established a precedence for assessing gravel street upgrades 100% on past projects, most recently Adams Street. * Defer the assessments. Deferment of assessments causes problems with tracking them, lot splits and ownership changes, future collection of them, etc. The general City taxbase would pay for the bonds for the life of the deferment. The reason the City Council discussed special assessment relief in September was to enable staff to revise the assessment policy prior to any public hearings for 1991 projects. At the conclusion of the discussion, the City Council decided to maintain the status quo and to not revise the special assessment policy. Currently, the only special assessment relief provided by the City is the deferment of assessments for senior citizens who meet certain financial criteria. Attachment No. 5 is a copy of the senior citizen deferal policy. B. Assessment Composition The total estimate costs for this project are $999, 500. Of this amount, it is proposed to assess $617, 780 (see Attachment No. 1) . The composition of the assessment is shown on the pie chart Attachment No. 2 and is summarized below. // c TOTAL NUMBER OF % OF ASSESSMENT PROPERTIES TOTAL 0 - $ 1, 000 17 15% $ 1, 000 - $ 2 , 000 21 18% $ 2, 000 - $ 3, 000 35 31% $ 3, 000 - $ 5, 000 12 11% $ 5, 000 - $10, 000 13 11% $10, 000 - $20, 000 11 10% > $20, 000 5 4% TOTALS 114 100% While there are some very substantial assessments on this project, it should be pointed out that 64% of the properties will be assessed less than $3 , 000. Also, 75% of the assessments are less than $5, 000. It would also be pointed out that all of the properties receiving an assessment greater that $5, 000 (29 properties total) are areas where new sewer and water mains will be installed in addition to the street construction. And of these 29 properties, 15 are zoned commercial. Of the 5 properties receiving an assessment greater than $20, 000, 4 of them are commercial properties and therefore receive the double sewer assessment and 3 of the 4 properties are quite large, comprising of the entire block (4-5 lots for each property) . Staff is attempting to illustrate that while there are some isolated, large assessments, the majority of the project is quite similar to other City projects as far as the total assessment for each property and impact on residents. C. Commercial Sewer Assessment The existing special assessment policy was amended on August 15, 1978 by Resolution No. 1298 to include the following language "Property zoned or used as other than single and double family residential land and park land will be assessed at twice the rate of single and double family residential land and park land. " Staff applied this policy to all commercially zoned property on this project and therefore those properties received a double sewer assessment. This policy directly resulted in some fairly substantial assessments for those policies. If Council wishes to provide any special assessment relief for those properties, this policy may be one area where the Council might wish to revise. its D. Street Widths The feasibility report recommends constructing the north-south intersecting streets to their current gravel width (40 ' and 44 ' wide) . Two of the four intersecting streets (Dakota and Prairie) are currently 40 ' wide, gravel streets. Upon further reconsideration, staff feels that upgrading these streets to our current residential pavement width of 36' would not have a major, adverse effect on these streets and recommends using the 36 ' street width. Also, 36' wide streets would reduce the assessments on this project due to lower construction costs. Market Street is currently 44 ' wide and staff proposes to upgrade it to 44 ' based on its collector status, MSAS street and possible railroad crossing. The only other north-south street that will be upgraded is Main Street, which is currently 44 ' wide. This street only exists between 3rd Avenue and 4th Avenue and therefore, staff also recommends upgrading it to our standard residential width of 36 ' . All commercial streets would be constructed to City standards which is 44 ' wide. E. Financial Impacts on Bond Debt Several City Council members have questioned the impacts of this project, along with other 1991 projects already ordered, on the City's financial position relative to our bond debt. Attachment No. 3 is a memo from the Finance Director which addresses this issue. F. Extending 2nd Avenue to Marschall Road In addition to the discussion in the Feasibility Report, Attachment No. 4 is correspondence from the Scott County Highway Engineer addressing this issue. Basically, the County Engineer strongly recommends against this proposal. ALTERNATIVES 1. Adopt Resolution No. 3373, which orders plans and specifications for this project. 2 . Deny Resolution No. 3373 . 3 . Table Resolution No. 3373 and continue the public hearing for additional information from staff or the public. 'l o- RECOMMENDATION Staff recommends Alternative No. 1, to adopt Resolution No. 3373 , which orders plans and specifications prepared for this project. Staff feels that his project will also provide a positive impact or economic development in this area of Shakopee. Based on the lack of City utilities and a substandard street, development has not progressed in this area as it has in other areas of Shakopee both in the commercial areas and the residential areas of this project. ACTION REQUESTED Offer Resolution No. 3373, A Resolution Ordering An Improvement And The Preparation of Plans and Specifications For 2nd Avenue between Sommerville Street and Shawmut Street Including Various Abutting Cross Streets and move its adoption. DEH/bp 2ndproj few RESOLUTION NO. 3373 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For 2nd Avenue Between Sommerville Street And Shawmut Street Including Various Abutting Cross Streets PROJECT NO. 1991-3 WHEREAS, Resolution No. 3368 , adopted on February 19, 1991, fixed a date for Council hearing on the proposed improvement of 2nd Avenue, between Sommerville Street and Shawmut Street, including various abutting cross streets by pavement, curb and gutter, sewer, water and storm sewers. WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 5th day of March 1991, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Street construction consisting of pavement, curb and gutter, sidewalks, sanitary sewer, watermain, storm sewers and other incidentals to 2nd Avenue between Sommerville Street and Shawmut Street, including various abutting cross streets. 2 . David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney ATTACHMENT NO. 1 SUMMARY OF ASSESSED COSTS TOTAL ASSESSED NON ASSESSED 2ND Avenue $299,200 $195,950 $103, 250 North/South Streets 180, 800 180,800 0 Sewer 238, 000 151, 030 86,970 Water 180, 000 90, 000 90, 000 Storm 101,500 0 101, 500 TOTALS $999, 500 $617,780 $381, 730 ATTACHMENT 2 0 0 0 0 O N O 0 N I 456) O 0 0 A 0 O 0 0 O O 454 4319= 0 0 H 0 d- 1 H o 0 o UD ,n 0 0 r- 0 i Lo 44 p-4 o 00 0 N 0 o 000 1 ,-- H 0 H 00 0 Z 0 0 W450to 0 454 O r7 I O O o O # W N44 I Cl) O 0 44 ATTACHMENT 3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: General Information on Bonding DATE: February 26, 1991 Introduction I have been requested to provide some general information on bonding for the City of Shakopee. Background Based on what I understand of the issues raised at a recent Council meeting, the information below address GO and GO Improvement bond issues and practices. This excludes TIF, Revenue, Equipment, Judgement, C/I Development bonds, certificates of indebtedness, tax anticipation notes and capital leasing. The City currently has no GO debt. The last GO bond issue was for the Public Service building and was retired in 1988. The City has the capacity to issue about 10 million dollars in GO bonds. These bonds require voter approval. Generally speaking, there is no limit per se on the amount of revenue or improvement bonds that the City may issue. Shakopee has several GO Improvement bond issues outstanding. Generally speaking, we try to package improvement projects into one bond issue per year for those construction projects which are under contract. Grouping projects saves issuance costs and makes for larger bond issues which are more marketable resulting in lower interest rates. To be included in such an issue, a project has to have a minimum of 20% of bonded costs assessed. Shakopee improvement bonds are normally issued with final maturity in ten years. Attached is a schedule (M) of GO Improvement and GO TIF debt as of 12/31/90 for which City Council has committed to levy taxes to make debt service payments if needed. It shows the pattern of bonding by displaying the issue date and the original amount of the bonds. Also attached is a schedule (0) of tax levies already recorded at the County Auditors office and a schedule (N) of debt service requirements to maturity. The total debt of Shakopee is growing as the city grows and the cost of projects increases. Particular factors in the rise in debt (GO TIF debt) are the upper valley project, south bypass, 169 bridge/junction project and the downtown project. Attached is a schedule (X) of the GO debt outstanding and the tax levy for the past ten years. Included in the projection shown for 1991 is a GO Improvement bond issue in the amount of $1,400,000 and a tax levy of $100,000. These amounts are estimates at this point. The 1991 bond issue would cover the following projects; // ATTACHMENT 3 Bonding Tax Support Bluff Ave. 143,000 0 Second Ave. 720,000 103,000 Scott/Shumway 193,000 149,000 Fifth Ave. 125,000 25,000 The Jackson/Harrison project is not included because it appears that the assessments will not meet the minimum needed to qualify for improvement bonding and therefore it is proposed to finance this project out of the CIF fund. ATTACHMENT 3 f/ G....- 4.1 C 01 E .O'. O VI a Co O .. vs O T Y 4 n 1 V1 1 CO N P .O O. 1 4 u O. VI 1 N O CO 01 r1 N el O C N 04 N I.1 O n V hr "'I ,M .-1 O O O O O O O O O O u 0 O O O O O 0 O O O O a C O O O O O O O O O O .04 O Vh V 1 o V1 V1 ,n O O V1 O 4 C N N rt N el 0 n rl 0 CO t 0 .1 N N .-I O 0.1 X044 N O 0 O O 0 O O O O O O O O Y O O O O O O O O O O O O 0` O O o O O O O O O O O CI r. V1 O O V1 VI W O Vl O V1 O .-1 el N b O CO O .-I n CO el O. CO A N .-I N N VI T O. 1 CO N 1 ti .. 1 N O O O O O O 0 O O O O O .O O O O o O O O O O o O O u E O O O O O O O 0 O O O O Y .1 O O N O V1 V1 O V1 O V1 V1 VI o uN N N N .. N M O CO .-• .1 .-1 Y N r1 .ti .O C0 V> 0 0 '00 0 4.) 4) o 0 o 0 0 0 .-1r0 0 el VIi v> y y O O 0 O O O O O O O O O Y Y OI O O O O O O O O O O O O CC 0 CO O O O O O O 0 0 O O O 0 a7 ea 'i O O O O .rt O N O O O O h E. 4 of•-• N N v O n N N of 0 .8 N r1 en La C Z I-I I eA Z N b b VI •43 0 a. U o E. I. N o H h O O O O O O V1 V1 0 .b 1J .-1 n vi .O O N O VI I n n N .O.O .D . C a co n n CO u1 b y O O O N O VI O O O O O O o 0 C Y O N O1 NO .-1 OelO N.00 V1M CO n n .O n VI 311•D n .O•O n CO 0• a+ O I.CI V1 V1 V1 O VI V1 O N O O O O V1 0 0 0 O V1 O n N O n N O n 1 O .O N n O V1 O. PI N O O .O .-1 O O. .O n .O .O n V1 V1.O.O b .O .O O CO O. A ..u1 Y O O .+ el 1 .O n N d• O N VI 7 0 u G r• .-I r. N N N N N r1 N r1 N eh N N N N N N N N N N N •O n O Y Y N O. 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C .-1 O O 4 C 4 C 4 C 4 C 4 C 4 C 4 C 4 C 4 0 V E 4 0 q CI Si Y E Y Y Y E Y E Y E o Y C E C E G E .-1 c C coo 4 E O 0 E CS CS CE CE C o E E o Y Y Y o 0 o Y o a Y o .-. H v v c> 0 v 0 0 0 0 H a 0 0 ATTACHMENT 3 ,I N O N O O 0 w1 n 40 N 40 CO O 04 a 04 N N 11 0 O. 4t n 4.1 04 .H 0 N tl N .4 n T .r v1 a ,r1 N O O a O 40 en O co u N 1.4 .•• N n CO N N tl U O O O O O O 0 O II 1. 0 0 0 0 0 0 0 o n 0 0 0 0 0 0 0 o u N o 0 0 .n 0 o o .n n T v N n A M M .-4 n .4 01 .-4 CO v1 N . n en N •A N N 0 0 O O O O O O O O N O O O O O O O O N O O O O O O O O n X O O 0 O v1 O O v1 N D. .T n 0 40 O 0 N II ✓ 0 n 40 04 0 T 0 II II .•4 .4 N .M 4.1 O v1 11 .4 .4 11 N 11 n o o 0 0 0 0 0 0 0 o n o 0 0 0 0 0 0 0 u O o O O o o O o n n o 0 vio 0n vi u .-1 0 CO .4 N .n .4 00 n .-4 .4 n a) N N O O N O n O II O 4.1 O. a 4) N O 0 0 0 O 0 0 0 0 O N O 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 O O O O O O O O 0 O v1 0 .. 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N 0 o 4'•1 0 n O • • • . . . . . . • • . • • . • • • • • 40 n n .0 n n 40 n 40 40 40 n n 40 40.0 40 40 40 N . . . . . . . . . . . . . . . . . . . . 4100 0 000 4100 00 04100 000 0 4410 00 N 0 h v 0 .r N N O 41 00 011 N n .4 4n .4 4t P. 0 N s n 04 . . . . • • • . • . • • • • • • • • . • . . • • 40 n n 40nn n 400.n 41440 4040nn 404040 N 4040 40.0 . . . . . . . . . . . . . . . . . . . . . . . . 0 ,11 00 0000 0.110 00 00041 0000 0 4100 O n s n N C0 4+1 40 O n 0. .O N 0.O O N 0 e•1 40 T N 4.1 .O 00 40 .O n n 40.O n n 40 .O n .n 40 40 40 n n 40 40 40 40 40.0 40 40 o .M .4 CO v1 04 .4 01 CD 0 0 04 04 o 0 0 .4 1.4 .r .M .4 .•4 '4 .4 N N N N N N N N .O n n 00 00 O 40 40 O O 0 00 03 03 00 00 In N H .1 .4 .4 .1 .4 .4 0 N N .4 .4 n n n r .4 .4 .4 N 41 CO 03 CO00 Co X.M ii X.4 X .-4 X 4.4 X•-1 X .4 F F F F WF F 0 O OO OO 0O0 O 0 it O 0 O 0 O q O 40 4 0b .4-O -4.0 .4.0 +4 b .b •4 b O OC 4+ C 4) C 4J C W C Y C u 0 0 00O 40 4 0 4 0 4 0 4 0 4 0 Ha CQ a •.., .44 .44 ..44 X 41 44Y .-44.4 .I 44 ..4 N -4 41 .-1 4., .4 4J 4 •C AC A CA C A 0 A 0 A C F F E y E E E E E x v E m • .I • .4 0 -4 • 4 G -4 • .4 • .4 • -1 • 0 C 4 4 14 4 4 4 4 F O 4 4 4 4 4 14 4 Y.1 0 O 4 0 4 0 4 0 44 4 0 4 0 4 0 4 0 C, .7 0 • 0 • C • C • • • C • G • G • G IN CH 04.4 CM 0 C GH CN CN CN .4 -4 • • • • • • • 4 4 X4 C9 0 0 0 0 C9 C0 C7 O 0 C. F F ATTACHMENT 3 1/ '- a 4.1 ao CO a Z 0 01 an 11 • a a a L • 4 • a .. 7 • to en a .0. d C en 0) 0 y 7 M N X • VI a a • r4 0 O N O 00 0 11 f.0 -C c0 CO N 4 V) N N 4 N a a N .0 0 N T .O .0 a O. -7 O CO 0 O 1 Y N N .0 .O n 0 CO N CO CO a 0.4 0 .e N Y N N M .0 n n In .O .a .a .1 CO 0 N N II C 4 O. .O .D 0 o a n .0 a• n 0 N .1 O a • O N 0, 71 In O. M IN .a .O .a .O N a a 14 0 N .0 In In n.T een N N .a .a h I O I. a a 0V) I F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O ..Q. 0 0 0 1n 0 0 71 1n 0 In In 0 In O N .1 • 0 In In 0 n a 01 a 0 .a .0 .-I In 01 In N 4 0 0 O O+ 0 0 .a n CO O. n in O 71 71 a• 1 .4 h V 14 0. ..1 .a .a .4 Vf N 0 F N 13 I 0 .O in 40 .a 0 N .7 In VI 0 CO 0 W q7 1.1 IN 0 N o1 n 0 In in N 0 f0 a z E 0 01 IN .0 O. .O In .O In 01 .a a .e1 a 11. 14 01 .0 4 0 0. IN 01 N In 01 In .0 .-I CO N X -4 .a • • 71 .a 0. n .O a N .•4 0 a 7 0 4 .a .4 •0 a 10 a' 01 m I. N V) N I 0. ro • 0 Y -4 .0 '0 • 0 0 0 0 0 0 0 0 0 0 0 0 E a 0 0 0 0 0 0 0 0 0 0 0 CO • .I 0 0 0 0 0 0 0 0 0 0 0 0 • V a .1 O. CO • 14 V N1 0 0 0 0 0 0 In 171 0 171 O 0 • 0 0 0. 00 O In In N n 01 a 10 Y 0 .1 •0 In N N N N N .I In IF-. 41 L] 1.) a N U w 0 .•a I 7 0 n In 0 .0 CO 40 -7 01 00 0 0 71 10 N .0 Y 0 N O. 0 .7 0 cn 0 0 CO a .I 0 n • a a T In a en O1 0 n In In 00 0 N N a O 4Ah a 0 .1 01 N .-1 In a0 0 N .4 N I cA • 70 n Cr, .1 N cn .0 OI N .0 .1 .0 N N N 41 CO n .0 .0 In a 71 N N .a .4 .4 N C M V) W N ..I y N a a+ 0 F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..a1 Y1 0 0 In 0 0 In 0 71 In In 0 In In • .1 N CO In T a .0 a0 0 0 .a In 01 a' a In In N In In 0 0 0 00 00 00 In 1n h N 4 .1 .a .I H .4 .4 .a .1 el M a Vf e/f a N O n e.1 0 .O e0 tO a Cr. 00 00 0 In .0 I OI O N 0 a a 0 0 0 a0 0 n .7 O1 In a en O. 0 n en h a0 0 N N ..d . N 4 N a.4 a In .4 01 N .a 0 en In N .O n N 6.1 n 01 n .a N en IN In IN N .4 .1.1 1 CI 71 0 01 01 01 a -7 M 0 01 01 .0 .0 n ea c) N 4 .1 N en .7In .0 n a0 OI 0 -. N en a 01 Os O1 0s a Os a a 01 0 0 0 0 • a 0, a a` 01 01 0, 0, 0, 0 0 0 0 Oa ATTACHMENT 3 /1 a'''' CITY OF SHAKOPEE, MINNESOTA Exhibit 0 Schedule Of Deferred Tax Levies December 31, 1990 9/ Year 1980A 1985A 1986A 1986E 1987A 1988A 1990A Of Improve- Improve- Improve- Improve- Improve- Improve- Improve- Levyment Bonds ment Bonds ment Bonds ment Bonds ment Bonds ment Bonds went Bonds f 1991 -7. F $3- 98 $5,545 $34,380 $31,072 $4,386 $15,043 $81,292 1992 3 2.2= 4,438 5,239 32,646 29,877 5,281 15,920 134,872 1993 2i "s: 57736 36,114 33,839 779 16,684 136,465 1994 - 6,408 33,896 32,092 1,784 17,332 137,729 1995 8' -7¢ 35,511 2,653 17,805 133,409 1996 /3r.1: '6'S 3,351 18,107 134,340 1997 ,14,3"0 3,828 9,622 134,940 1998 ',I.:0, "4r 11,282 135,209 1999 .,/:' .l» 140,415 2000 ;g.7.- 142,134 $20,862 $10,784 $137,036 $162,391 $22,062 $121,795 $1,310,805 ATTACHMENT 3 Xi/ City of Shakopee GO Debt Trend GO GO GO GO GO Projected Actual Certificates Judgement GO Improve. Revenue TIF Tax Tax Year of Indebt. Debt Debt Debt Debt Debt Total Levy Levy 1979/80 50,000 0 675,000 6,970,000 80,000 370,000 8,145,000 302,517 283,617 1980/81 165,000 620,000 7,320,000 65,000 370,000 8,540,000 366,269 290,409 1981/82 165,000 560,000 6,675,000 45,000 370,000 7,815,000 350,672 327,872 1982/83 110,000 495,000 5,780,000 25,000 365,000 6,775,000 388,619 305,832 1983/84 55,000 425,000 4,895,000 0 2,850,000 8,225,000 346,339 272,675 1984/85 350,000 4,230,000 135,000 2,550,000 7,265,000 275,781 233,528 1985/86 270,000 4,540,000 125,000 4,590,000 9,525,000 230,279 230,279 1986/87 185,000 4,045,000 115,000 8,665,000 13,010,000 332,496 61,437 1987/88 95,000 3,860,000 105,000 9,240,000 13,300,000 351,312 0 1988/89 0 3,220,000 95,000 12,065,000 15,380,000 179,865 0 1989/90 4,495,000 80,000 10,950,000 15,525,000 189,294 0 1990/91 5,140,000 0 10,120,000 15,260,000 151,402 151,402 1991/92 236,718 ATTACHMENT 4 a, SCOTT COUNTY �� HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE Asst. Highway Engineer-Design DON D. PAULSON Asst. Highway Engineer-Construction January 24 , 1991 to^ > Mr. Dave 4ve ii�:�. vat ' , u. Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : Proposed 2nd Avenue Extension Dear Dave: We have reviewed the proposal to extend 2nd Avenue easterly along the Chicago & Northwestern Railroad line to CSAH 17 . Because of the close proximity that this proposed intersection with CSAH 17 would have to the railroad crossing, the high traffic volume on CSAH 17 and the adequate grid system of TH 101 , 3rd Avenue and 4th Avenue along CSAH 17 , we strongly recommend against the proposed extension. If you have any questions or would like any further information, please contact this office. Sincerely, r.Ti'd;r1,1jZ Bradley J. Larson, P .E . County Highway Engineer BJL/kmg cc : Joe Ries , County Administrator An Equal Opportunity'Affirmative Action Employer ATTACHMENT 5 SENIOR CITIZEN HARDSHIP SPECIAL ASSESSMENT DEFERRAL / C1/4— SHAKOPEE, MINNESOTA / Senior citizens may have their special assessments deferred if they meet the following requirements : a . Applicant is 65 years of age or older . h. Applicant is the owner of the property applied for, which must be the homestead of the applicant . c . The annual gross income of the applicant and any other owner who resides with the applicant does not exceed the Section 8 Low Income Limits for the past calendar year . Alternately the applicant may stihml t data on average income for the three years prior to the year in which the application is made . d . The gross assets of the owner r owners residing on the property cannot exceed $ These assets do not include the applicants homestead property. e . The Assessor' s Market Value of the applicants homestead property can not exceed $60 ,000; 7s-, Doo If a senior citizen, aged 65 or older , does not meet the re- quirements set out above ; but , does feel his assessment would he a hardship , may apply. The City Council will review the circum- stances surrounding the hardship and make a determination as to whether the deferrment should be granted. Deferrments will not be granted for assessments of less than $100.00 . TERMINATION OF DEFERRMENTS Please understand that the deferred assessment will bear interest at the rate of 87 per year , unless provided otherwise under the resolution adopting said assessments , and that the interest will be paid when the deferrment ends . If granted, your deferred assessment will terminate at the following times : a . Upon the death of the owner, provided that spouse is not otherwise eligible for the benefits . b. Upon the sale , transfer, or subdivision of the property or any part thereof. c . Upon the property losing its homestead status . d . Upon the City of Shakopee ' s determination that the hard- ship has ended so that immediate or partial payment is required . 3/31/82 Iia, ATTACHMENT 5 1990 Section 8 Income Requirements Very Low* Lower 1 person household $15,750 $25, 000 2 person household $18, 000 $28 , 550 3 person household $20, 250 $32 , 150 4 person household $22,500 $35, 700 5 person household $24, 300 $37, 950 6 person household $26, 100 $40, 150 7 person household $27, 900 $42 , 450 8+person household $29, 700 $44, 650 *Initially to be eligible for Section 8 assistance the applicant must be in the very low category. SOURCE: Scott County HRA PER THE CITY ADMINISTRATOR, USE THE LOWER INCOME LIMITS ABOVE. 2 / Z-7 ) 9/ l St-41Cc(:' 3,; - ) Cc# , T � •AJL Pl.' �c-t-tASED PRc. pt. TEs T-Li n u k Ti L i-t C-TL iM• 14,A LL AJ ►D .7`3--5 K . A-F-t) :1 CXQW Wn'-)Q_12,cL[LrnLAI- S TG T-f c C 7=9 TH-ELI D:11, N;`T p 06, v,s_ i„L T)-4 t 4,6 (<1) .4.1 14 L Sv S i2c'- sc.D-NC 12.1A 0 .TW L 1? Z"G.L. 0 t •-� J � TPA T �-i �"C Pii y 6 1 k.` r—' �: Q t'— )11f)a \;r�L. c--)4\ Ci?-t2A. S P2PLEl y- A- Op-- . "tk'r AMC"!\.17- 7 fj2 $ - LL C c:LD •1 .tF1�T j �L+ r' I i -)^�iL ax 7': 77PL 1 C I V 1,,),-,76;,,c onl A(L,, 2- Pi4.4`;1-1-PrsC-_p Py._ PW:r-r -rPev ;(r_ fl vI, -rt+C- tzm E 3 i eT E ;2L-At.. -THL p.„1,Q [r w1T 7NrC\-\ Pge AN -- 11`'‘f;vL -L\ i fl-E- P e e O€v T"' iii 1-4Lcl4 ,=rte C�,� �` ►C ,t Q 0 vLL A-$,.5 Me a l 1-4-L j 77L72_ RiePilrt / ai n.cv-e - &TS ',LT i'J l; - f_ c-EI L 17S s LSS— M bvt ON T C-EE P L ' v.,3 9-10., • LU , I irI L k) 7-1-0 v)\ 2L S, lc; ) til e. 1-14- 0k)- : 6/7-s S%A-y LL) i`a\a) PZ,0-PNLQ:7\) A-CAIT:ST -e T A LL (1-1. PLI A-S 1- ?( - T} 3 L t �' L` ,1;' L� c't �. i;�t✓ A ,4c L1c)� ►flt. A\\Nm Ciovt_Ldli qqq-e36(. • IL��. * . two Via.Y Y 11 /0 MEMO TO: Dennis Kraft, City Administrator `C/ FROM: Dave Hutton, Public Works Director' SUBJECT: Vierling Drive Watermain Assessments DATE: February 22 , 1991 INTRODUCTION: Attached is Resolution No. 3369 a resolution adopting the special assessments for the Vierling Drive Watermain Project. BACKGROUND: The Vierling Drive Watermain Project has been completed and all costs associated with this project have been identified. This project is being funded by special assessments to the abutting property owners and by the Shakopee Public Utilities Commission. On February 5, 1991 the City Council of Shakopee set the date for the public hearing for the Vierling Drive Watermain special assessments for March 5, 1991 by adopting Resolution No. 3351. The total project costs incurred for this improvement is $139, 137 . 04 . The amount that will be assessed to the benefitted property owners is $87, 079. 68 . The remainder of the costs will be paid for by the Shakopee Public Utilities Commission and is equal to $52 , 057 . 36. The final assessment calculations used the exact same methodology and formulas as outlined in the feasibility report and as presented at the public hearing prior to ordering the project. The final assessment calculations for this project have been submitted to the Utilities Manager and no objections to the proposed calculations have been received. At the conclusion of the public hearing, if the City Council wishes to adopt the special assessments, attached is Resolution No. 3369 which adopts the special assessments for this project. Attached to the resolution is an assessment roll which outlines the special assessments for each property on this project. ALTERNATIVES: 1. Adopt Resolution No. 3369. 2 . Deny Resolution No. 3369. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt the special assessments for this project. ACTION REQUESTED: Offer Resolution No. 3369 , A Resolution Adopting Assessments for the Vierling Drive Watermain, Project No. 1990-2 and move its adoption. DH/pmp MEM3369 j4 RESOLUTION NO. 3369 A Resolution Adopting Assessments Project No. 1990-2 Vierling Drive Watermain From Limestone Drive to Approximately 2 ,000 Feet West WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Installation of watermain on Vierling Drive from Limestone Drive to approximately 2, 000 feet west NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1992 , and shall bear interest at the rate of 8 . 0% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1992 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and the owner may pay the remaining principal balance of the assessment to the City Treasurer. 4 . The City Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /l l> ASSESSMENT TABLE VIERLING DRIVE WATERMAIN FROM LIMESTONE DRIVE TO APPROXIMATELY 2 , 000 FEET WEST PROJECT NO. 1990- 2 PROPERTY PID PROPERTY OWNER DESCRIPTION ASSESS 27-908001-0 Midwest Federal 8 115 22 27 .35 $40 , 923 . 24 801 Nicollet Mall W 16 .55 A of NE 1/4 Mpls. , MN 55402 SW1/4 EX RR & NW1/4 SW1/4 EX Lying 40 ' N of A Line Com NW Cor , NE1/4 , SE1/4 of 7-115-22 S 628 . 13 ' to POE , SE 2261 .21 ' , Curve NE 298 .96 ' , NE 657 .45 ' to Pt on E line 698 .38 ' S of NE Cor & there terminating Heritage Heritage Development 8 115 22 29 .5 A $46 , 156. 44 Place 2nd 450 E. Cty. Rd. D p ,0 W 16 .55A of NE1/4 Addition Little Canada, MN 55110 SW1/4 & NW1/4 SW1/4 Lying 40 ' N of A line Com NW Cor NE1/4 SE1/4 of 7 115 22 , S 628 . 13 ' to FOB , SE 2261 .21 ' Curve NE 298 .96 ' , NE 657 .45 ' to PT on E Line 698 .38 ' S of NE Cor & there terminating TOTAL $87 , 079 . 68 ASSESSMENT SUMMARY AND TABULATION OF COSTS MINUS PLUS OVERSIZING TRUCK TOTAL PARCEL ASSESSMENT (16") CREDIT WATER CHARGE ASSESSMENT Heritage $57 , 720. 32 $26, 028 . 68 $14 , 464 .80 $46, 156 . 44 Scottland $57 , 720. 32 $26 , 028 . 68 $ 9 , 231. 60 $40 , 923 . 24 Totals $115, 440 . 64 $52 , 057 . 36 $23 , 696 . 40 $87 , 079 . 68 SPUC to pay non-assessed portion Total Project Costs - $139, 137 . 04 Total Assessable Costs - $ 87 , 079 . 68 TOTAL SPUC PORTION $ 52 , 057 .36 1/ N tv tv N tv tv N G > .1 v J •4 -.1 v v HC I 1 I I I I I Cil C1 1-+ N 1-> 1.6 F+ H 1-1 70 Cr1 A A A A A A A r cn vi vt to vi v1 to to H CA o o 0 . 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H H H H H H Co Ik e MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Cable Franchise Deferrals - Ordinance No. 308 DATE: February 26, 1991 INTRODUCTION: On March 19, 1986 the Shakopee City Council approved Ordinance No. 192 . This ordinance formally amended the Cable Franchise Ordinance granting a five year extension of the franchise term and a five year deferment of the following activities which were originally to be provided by the cable company: 1. pole rental fees; 2. public access and local programming equipment, support and funding; 3 . institutional network capacity and services; 4 . any other capital expenditures specifically not addressed by the franchise amendments. The five year deferral period terminates April 1, 1991. The cable operator is requesting that the majority of the deferrals requested in 1986 be extended for another five year period. The Cable Commission is recommending approval of the deferrals and subsequent ordinance amendment. BACKGROUND: When the cable franchise deferrals were considered in 1986, the City imposed several conditions on the cable company in exchange for the approval of the franchise ordinance amendments. These conditions included the following and were specifically addressed in the Access Support Agreement between the Access Corporation and the City of Shakopee. 1. The development and execution of an agreement between the Community Access Corporation and the cable company for public access programming and service. 2 . Payment of funds in the amount of $5, 000 to the Shakopee Access Corporation for public access studio equipment not originally provided. 3 . Payment of $4, 000 to the Shakopee Access Corporation for character generator equipment not originally provided. 4 . Payment of $4, 000 to the Shakopee Community Access Corporation for institutional network equipment not originally provided. 5. Development of a monthly subscriber fee in the amount of $. 25 per subscriber per month with an annual 3% inflationary adjustment to be paid to the Shakopee Access Corporation on a semi-annual basis. 6. The payment of a annual studio maintenance grant in the amount of $2, 000 to the Shakopee Community Access Corporation. II c- 7. Insurance for replacement value against loss for the studio and it's equipment. 8. The necessary equipment to provide joint playback capability between Chaska and Shakopee. (Note: not in compliance) Federal Law dictates that municipalities cannot receive money from cable companies that would be in addition to their annual 5% franchise fee. It therefore became necessary for the Access Corporation to be the recipient of the aforementioned funds. Furthermore, Federal Law specifies that municipalities must allocate all franchise fees collected to funding of cable related activities. The access support agreement between the cable company and the Access Corporation also expires on April 1, 1991. The proposed cable franchise deferrals are conditioned upon the successful execution of a new access support agreement by and between the Access Corporation and the Cable Operator. The agreement shall specifically address the amount of financial commitment on the part of the Cable Operator that is needed by the Access Corporation to manage and equip the Public Access Studio. The cable operator is requesting that the Cable Franchise Ordinance be amended deferring further activation of the Institutional Network (INET) . The cable operator is willing to provide the necessary equipment to continue what is presently in place on the INET (two activated channels) during the proposed five year deferral period. Additionally, the cable company would like to request that the users of the INET be charged a flat fee in the amount of $1, 000 per year per activated channel during the deferral period. The present Franchise Ordinance specifies a fee in the amount of $936.00 per channel. To date the Cable Operator has not imposed the aforementioned fee on any of the INET users. They feel that the fee does discourage abuse on the part of the INET users in terms of unnecessary calls to the Cable Operator for technical assistance. In regard to public access, the original cable franchise proposal specified that the cable company would be responsible for providing public access studio staffing and equipment. The cable operator is requesting that the Franchise Ordinance be amended continuing the agreement between the Shakopee Access Corporation and Cable Co. that provides financing for the public access studio. The cable operator has also stated that they are willing to continue to provide the following financial support for public access: 1. Annual studio maintenance grant in the amount of $2 , 000. 2 . Increasing the subscriber access fee to $.40 per subscriber per month in conjunction with the next rate increase or on April 1, 1992 whichever comes first. 3 . Payment for studio lease costs and utility related expenses. The aforementioned items were originally specified in the 1986 ordinance amendment that provided for the 5 year deferrals. The cable operator has also stated that they are now willing to pay the annual pole rental fee. Therefore, this item is not being requested for deferment in conjunction with the proposed ordinance amendment. In order to amend the Cable Franchise Ordinance, a public hearing before the City Council will be necessary. A public hearing has been scheduled for March 5, 1991 . Amending the Cable Franchise Ordinance requires a 2/3 affirmative vote of the City Council . Attached is an explanation sheet for Ordinance No. 308 amending the Cable Franchise Ordinance in accordance with the direction set forth herein. Basically, the proposed Cable Franchise Ordinance amendment simply extends the majority of the cable franchise deferrals that we requested in 1986 for another five year period with the exception of pole rental which the Cable Co. is now willing to pay. The Cable Commission is recommending approval of the proposed ordinance amendment. Staff would like to again point out that ordinance amendment is conditioned upon the renewal of the agreement between the Access Corporation and the cable company for the provision of public access studio facilities and financing. If a successful agreement is not developed between these two parties prior to April 1, 1991, the Cable Operator will be required to abide by the provisions set forth in the Original Franchise Proposal . This would include the Cable Operator retaining the operation and support of the Public Access Studio including staffing as well as the activation and maintenance of the INET upon user request. ALTERNATIVES: 1 . Move to approve Ordinance No. 308 Amending the Shakopee Cable Franchise Ordinance. 2 . Do not approve Ordinance No. 308 Amending the Shakopee Cable Franchise Ordinance. 3 . Amend staff' s recommendation in regard to the proposed amending ordinance and direct staff accordingly. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Ordinance No. 308 Amending the Shakopee Cable Franchise Ordinance, and move its adoption. J/ C- EXPLANATION TO ORDINANCE NO. 308 ORIGINATING DEPARTMENT: Administration PURPOSE: To defer certain financial obligations of the Cable Operator for a five year period. REMARKS: On March 19, 1986 the Shakopee City Council formally amended the Cable Franchise Ordinance granting a five year extension of the franchise term and a five year deferment of the following activities which were originally to be provided by the Cable Operator: 1. pole rental fees, 2 . public access and local programming equipment, support and funding, 3 . institutional network capacity and services, and, 4 . any other capital expenditures specifically not addressed by the Franchise amendments. The five year deferral period terminates on April 1, 1991 . The Cable Operator is requesting that the deferrals be extended for another five year period with the exception of the pole rental fees which the Cable Operator is now willing to pay. The proposed Ordinance is conditioned upon the successful execution of an agreement between the Shakopee Community Access Corporation and the Cable Operator that will specifically address the level of financial commitment on the part of the Cable Operator that will be needed by the Access Corporation to effectively continue the operation and management of the public access studio and public access channel. ACTION REQUESTED: Offer Ordinance No. 308 , an ordinance amending Shakopee City Code, Chapter 15, Entitled "Cable Communication Franchise Ordinance, as amended" By Repealing Certain Sections thereof and by Enacting New Sections Thereof and by Adopting by Reference Shakopee City Code Chapter 1. Submitted by: Approved by: Asst. City Administrator City Administrator ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 15, CABLE COMMUNICATION FRANCHISE ORDINANCE, OF THE SHAKOPEE CITY CODE, BY REPEALING SECTION 16, DEFERRALS, AND ENACTING ONE NEW SECTION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Section 16, Deferrals, of Chapter 15, Cable Communication Franchise Ordinance, of the Shakopee City Code, is hereby deleted in its entirety, and two new sections 16 . 01 and 16 . 02 adopted in lieu thereof which shall read as follows: "SECTION 16. Modifications [Deferrals] . 16 . 01. Public Access [Deferrals] . In lieu of Grantee ' s obligation to provide public access and local programming equipment, support and funding as set forth in Section 5. 05 of this Franchise and Form K of Grantee' s proposal and as fulfillment of those obligations for a five year period of time commencing with the effectiveness of this Section, an Agreement shall [may] be entered into between Grantee and the Shakopee Community Access Corporation ("SCAC") acceptable to SCAC which acknowledges fulfillment of local access and other local programming support to the satisfaction of SCAC on terms and to the extent set forth in the Agreement. All obligations in Section 5 . 05 of this Franchise and Form K of Grantee' s proposal regarding access and local programming support, to the extent not required under any Agreement between the Grantee and SCAC pursuant to this Section, are, upon receipt by the City of report from SCAC that a satisfactory Agreement, as authorized herein, has been entered into, are hereby deferred until April 1, 1996, [1991] unless, upon execution of an additional Agreement between Grantee and SCAC, City determines to extend this deferral until some later date. In the event the deferral set forth herein is not extended by City, all obligations of Grantee set forth in Section 5. 05 of this Franchise and Form K of the Grantee ' s proposal shall be in full force and effect and enforceable upon Grantee as of April 1, 1996 [1991] . All obligations [deferrals] set forth in this Section 16. 01 are expressly conditioned upon Grantee providing Certificate of Insurance or other evidence satisfactory to City that Grantee has insured SCAC and City for broadcaster' s liability and other general liability related to the public access commitment set forth in this Franchise and an Agreement between SCAC and Grantee as well as replacement insurance in a form and manner acceptable to City covering 1/ c -2- all public access programming equipment and studios which are the subject of this Franchise or any Agreement between SCAC and Grantee. [Section] 16. 02 . Institutional Network Deferrals. All unmet obligations, as of April 1, 1991 [1986] , set forth in Section 5 . 03 of this Franchise and Grantee ' s Proposal regarding institutional network capacity and services, are hereby deferred until April 1, 1996 . [1991 upon payment of $8 , 000. 00 to the City and the City of Chaska to be placed into an equipment fund mutually established by City and the City of Chaska to fund purchase of equipment to activate the institutional network component of both the Shakopee Cable System and Chaska Cable System. ] Grantee shall be allowed, during the term of deferral set forth herein, an annual maintenance fee of $1000. 00 [$936. 00] per activated channel (up and down) pursuant to an Annual Lease entered into by the affected institution and Grantee. The maintenance fee shall not exceed $1000. 00 [$936 . 00] per year during the five-year deferral set forth herein. " [Section 16. 03 Pole Rental Deferrals. The City hereby defers all annual pole rental fees and charges imposed upon Grantee which are the subject of City control, commencing January 1, 1986, and until January 1, 1991. ] [Section 16 . 04 Capital Expenditure Deferrals. To the extent not addressed by Franchise amendments adopted by City on , 1986, all unmet capital expenditure commitments required by Franchise or Grantee ' s Proposal, with the exception of any new cable plant extensions, are hereby deferred as obligations of Grantee until April 1, 1991. ] Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After 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 day following such publication. Passed in session of the City Council I/ C., -3- of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: _,4? ? 4ity Attorney Published in the Shakopee Valley News this day of , 1991. [15 . 16K] MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Extension of Van Pool Contract DATE: February 22 , 1991 INTRODUCTION: The existing Van Pool Agreement between the City of Shakopee and Van Pool Services Inc. expires on April 15, 1991. The Energy and Transportation is recommending that the one year extension provision in the contract be exercised. BACKGROUND: At the present time the City of Shakopee is leasing seven vans from Van Pool Services to operate the City' s van pool program. One of the vehicles being leased serves as a back-up van for the van pool program. The monthly lease costs per vehicle ranges between $585 . 00 and $730. 00 per vehicle depending on the age and size of the vehicle. Three years ago when the van pool contract was sent out for bid, two providers submitted proposals for the service. Van Pool Services Inc. was selected over the other operator for two reasons: price and past experience. Since 1987 no new van pool operators have entered the market place. Therefore, if we select to solicit proposals for service, it is likely that we will not have any new providers proposing service. Additionally, the 1990 contract amendment approving the extension of the Van Pool Contract Agreement with Van Pool Services Inc. included a provision for a second year renewal at the option of the City. The Energy and Transportation Committee believes that renewing the Van Pool Agreement with Van Pool Services Inc. for an additional year allows the City of Shakopee the flexibility that we need to maintain a level of service that is satisfactory to our riders. In the opinion of the Committee, the service provided by Van Pool Services Inc. has been more than adequate. They are therefore recommending that the Van Pool Agreement be extended for one additional year. The Energy and Transportation Committee would like to note that they intend to pursue the request for proposal process in the Fall of 1991 in an effort to allow other potential vendors to propose service for our van pool program. ALTERNATIVES: 1 . Move that the Van Pool Contract Agreement with Van Pool Services Inc. be extended for one additional year. 2 . Do not extend the Contract with Van Pool Services Inc. for an additional year. 3 . Request staff to activate the request for proposal process for the provision of van pool services in Shakopee. 4 . Seek other alternatives to replace the van pool program. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to direct the appropriate City officials to take the appropriate action extending the Van Pool Contract Agreement with Van Pool Services Inc. for one additional year. TW:vanpool / L recommending this course of action. The Committee is however in support of proceeding under Option A since all program costs would be recoverable under the County Grant Program. Additionally, the Committee believes that there are adequate County grant funds available to hold a fall yard waste collection program in addition to the Spring clean-up activity. Finally, the Committee is entertaining the idea of a community curbside junk exchange program to he held in conjunction with the Spring clean-up activity. this new program would operate under the philosophy, "one persons junk is another persons treasure" . The Committee would select the day following the clean-up day as the date for the curbside exchange program. Residents would be directed to place specified items curbside that they wished to get rid of for free. Shakopee residents would then be allowed to help themselves to any items placed on the curb on a first come first serve basis. Any junk not picked up would ultimately have to be disposed of by the property owner via the normal procedure. The Committee recognizes that this is a rather unorthodox concept but they feel it is manageable. However, due to the unusualness of the idea, they would like Council input before allocating an inordinate amount of time in developing program guidelines. Promotion and development of the program is allowable as a reimbursable expense under the County Grant Program. On Wednesday, February 27th I met with officials from Waste Management Inc. to discuss the aforementioned options. Waste Management has worked with the City in running the clean-up program since its inception. Waste Management officials stated that they were concerned that many people might go to the clean-up site with their junk just as they have been for the past five years no matter how much marketing we do. They suggested a third option (Option C) . They believe that a clean-up program similar to the 1990 program could be offered at a break-even for the City if gate fee were increased to reflect actual cost. Under this option there would be no gate fees for persons disposing of recyclable items. Persons with non-recyclable items would be charged $10. 00 per and/or trailer and $15. 00 per pickup. Waste Management is skeptical of the curbside exchange program and is wary of what might happen if we move to a clean-up program that does not allow for the disposal of junk. After meeting with Waste Management I would have to concur with the concerns they raised regarding junk that will more than likely appear at the site. I too am skeptical about the curbside exchange program. I believe it could work and probably would become a tourist attraction, but the staff time that would be necessary to run an effective and problem free program would be prohibitive. Finally, I concur with the Energy and Transportation' s concerns regarding budget implications. To offer a clean-up program identical to the 1990 program is counter to our position and support of volume based fees. (People pay for what they produce) Therefore, I am recommending Council approval of Option C. Under this option staff would attempt to set disposal fees at a level / v �✓ that would reflect actual cost. Since this would be a new approach I want Council to recognize that under this option there is the potential that the City may have to cover any deficit that occurs. ALTERNATIVES: City Clean-up Dav_ 1. Recommend that the appropriate City officials be directed to submit a funding request to Scott County that would provide Shakopee residents with a vehicle to dispose of recyclable materials (as defined by Scott County) including a fall yard waste collection program. (Option A) 2 . Recommend that the appropriate City officials be directed to submit a funding request to Scott County that would offset a portion of the costs of a full fledged cleanup program similar to the program conducted in 1990 with excess costs to be allocated from the City's contingency fund. (Option B) 3 . Recommend that the appropriate City officials be directed to submit a funding request to Scott County that would provide Shakopee residents with a vehicle to dispose of recyclable materials (as defined by Scott County) including a fall yard waste collection program. Additionally, direct staff to develop a clean-up program which will allow for the disposal of junk with gate fees reflecting actual disposal costs. (Option C) 4. Do not pursue any type of waste reduction program in 1991. 5. Move to table pending further information from staff. Community Curbside Exchange Program 1. Direct the appropriate City official to submit a funding request to Scott County to offset costs associated with a Community Curbside Exchange Program and request the Energy and Transportation Committee to establish program guidelines to be submitted to Council for final approval. 2 . Do not pursue the Community Curbside Exchange Program in 1991. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: City Clean-up Dav Staff recommends alternative #3. Community Curbside Exchange Program Staff recommends alternative #2. j2 / ACTION REQUESTED: City Clean-up Day Move that the appropriate City officials be directed to submit a funding request to Scott County that would provide Shakopee residents with a vehicle to dispose of recyclable materials (as defined by Scott County) including a fall yard waste collection program. Additionally, direct staff to develop a clean-up program which will allow for the disposal of junk with gate fees reflecting actual disposal costs. 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Stock, Assistant City Administrator RE: Scott County Economic Development Coalition Joint Powers Agreement DATE: February 27 , 1991 INTRODUCTION: For the past several months, representatives from Scott County municipalities have been working on the development of a Joint Powers Agreement that would establish a Scott County Economic Development Coalition. The primary purpose of the Coalition is to serve as a marketing vehicle to promote development in Scott County. The Community Development Commission has reviewed the Joint Powers Agreement and By-laws and is recommending that the appropriate City officials be authorized to execute the Joint Powers Agreement. BACKGROUND: In September of 1990, the Shakopee City Council approved Resolution No. 3276 indicating the City of Shakopee' s desire to investigate the formation of a Scott County Economic Development Coalition. Since that time, representatives from Scott County municipalities have been meeting in an attempt to draft a Joint Powers Agreement and a set of By-laws for the proposed organization. Representatives from the Scott County municipalities also made a presentation to the Scott County Board in an attempt to solicit their input and approval . The Scott County Board subsequently passed a resolution in support of the formation of a Scott County Economic Development Coalition and authorizing the approval of a Twin Cities Metro Development Company to process S.B.A. 503-504 Loans in Scott County. The community representatives have also met with area financial institutions and developers in an attempt to solicit their support the coalition concept. The majority of the financial institutions contacted stated a willingness to financially support the establishment of the Coalition. The primary purpose of the Coalition is to serve as a marketing vehicle to promote development in Scott County. Secondarily, the Coalition will provide direction to prospective developers and assist them in obtaining financing through the Small Business Administration. By becoming a member of the Twin Cities Metro Development Company, the Coalition will receive a 3/8% processing and closing fee for each small business loan approved in the Coalition service area. On a million dollar loan, the 3/8% fee would equate to $2, 250 . The Coalition would then be free to use these funds for marketing purposes that would be mutually beneficial to all the participating bodies involved. Attached is a copy of the proposed Joint Powers Agreement between the respective participating bodies. The participating bodies include the major cities in Scott County, the Scott County Housing and Redevelopment Authority and Scott County. The proposed Joint Powers Agreement specifies that each of the participating bodies desire to establish the Scott County Economic Development Coalition and become members. Members of the Coalition will be required to commit to a one time $500 membership fee. Membership fees collected will be utilized to develop joint marketing materials and perhaps off-set the cost of becoming a member of the Twin Cities Metro Development Company. ($5, 000) The Community Development Commission program budget for the City of Shakopee does include funding to off-set the aforementioned membership cost that the City would incur if they select to execute the Joint Powers Agreement. Shown as exhibit A is the proposed set of By-laws for the Coalition. The By-laws establish a set of rules and procedures under which the Scott County Economic Development Coalition shall operate. The Shakopee Community Development Commission has reviewed the proposed Joint Powers Agreement and By-laws. They are recommending that the appropriate City officials be authorized to execute the Joint Powers Agreement. The City Attorney has also reviewed the Joint Powers Agreement and By-laws in detail . If the City Council selects to pursue the Joint Powers Agreement, this would also serve to effectuate the City' s membership in the Scott County Economic Development Coalition. ALTERNATIVES: 1 . Authorize the appropriate City officials to execute the Scott County Economic Development Coalition Joint Powers Agreement. 2 . Suggest additions and/or amendments to the Joint Powers Agreement and authorize the appropriate City officials to execute the agreement as amended. 3 . Table action pending further information from staff. 4 . Do not become a member of the Scott County Economic Development Coalition. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Scott County Economic Development Coalition Joint Powers Agreement. tw:coalit , Z SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION JOINT POWERS AGREEMENT This agreement made this day of , 1991 between the County of Scott, the Scott County Housing and Redevelopment Authority, and the Cities of Shakopee, Prior Lake, Savage, Belle Plaine, Jordan and New Prague and shall hereinafter be referred to as the participating bodies. WHEREAS, the participating bodies are Minnesota municipal corporations or bona fide governmental entities duly organized and licensed under the laws of the State of Minnesota; and WHEREAS, each of the participating bodies desires to work together to effectively promote economic development in Scott County; and WHEREAS, certain financial institutions, developers, and others share these interests with the participating bodies; and WHEREAS, the participating bodies historically have had a long and positive working relationship; and WHEREAS, there are a limited number of tools available to attract commercial and industrial prospects to the Scott County area; and WHEREAS, each of the participating bodies and others recognize the significant role that businesses play in contributing to the economic well being of Scott County; and WHEREAS, each of the participating bodies and others recognize that economic activity throughout Scott County will have a positive spinoff impact on their respective community and or jurisdiction; and WHEREAS, each of the respective participating bodies and others individually lack sufficient financial resources to obtain in house staff to process and package small business administration loans for interested business; and WHEREAS, the Twin Cities Metro Development Co. has been certified by the State of Minnesota to process Small Business Administration (SBA) 503/504 loan programs; and WHEREAS, membership within the Twin Cities Metro Development Co. may serve as a revenue source for the Scott County Economic Development Coalition to promote economic development opportunities in Scott County; and WHEREAS, Minnesota State Statute Section 471. 59 allows the participating bodies to jointly exercise any power common to the participating bodies or any similar powers. NOW THEREFORE, the participating parties hereby mutually agree to the following: 1. The participating parties are entering into this agreement and creating the Scott County Economic Development Coalition in order to promote economic development throughout Scott County. Since development in any one of the communities and areas within Scott County affects the other, and since a coordinated effort by the participating bodies may have greater impact and yield more benefits, the participating bodies agree to form this Coalition. 2 . The participating bodies hereby form the Scott County Economic Development Coalition. Each participating body shall appoint one representative to serve on the Board of Directors of the Scott County Economic Development Coalition. 3 . The Scott County Economic Development Coalition shall be managed by a Board of Directors consisting of not less than 7 nor more than 15 Directors. 4 . Scott County Economic Development Coalition memberships shall be open to additional interested parties committing to a one time $500. 00 membership fee. 5. Scott County Economic Development Coalition Board of Director vacancies other than the position reserved to each participating body shall be filled by a majority vote of the Board. Each Director chosen by the Board of Directors to fill a vacancy shall hold office until the next election at the annual meeting and until his/her successor shall be duly elected and qualified. 6. The Scott County Economic Development Coalition shall apply for membership in the Twin Cities Metro Development Co. This action will facilitate participation in an established effective economic development organization. The Coalition may engage in other related economic development activities as selected by its Board of Directors. Provided, however, that any activity which requires funds in excess of those within the collected funds of the Coalition shall require the approval of the governing bodies of the participating bodies. 7. The Scott County Economic Development Coalition will serve as a vehicle to further economic development opportunities in Scott County, and to promote and assist the growth and development of business concerns in said area; including but not limited to the development of marketing materials which will promote economic development opportunities within Scott County as well as within the respective participating bodies jurisdiction. 8 . This Joint Powers Agreement shall not limit any of the participating bodies from pursuing other marketing efforts. 9 . The participating bodies agree to exchange all information, data, and reports which any participating body currently has, which would assist the Coalition in carrying out its work. Said information shall be furnished to the Coalition without charge. The participating bodies shall also cooperate with each other in every way possible in carrying out the scope of services. 10. The Coalition may draw upon the staff of the participating bodies to perform any necessary work. Within its budget, the Coalition also may hire consultants as necessary. 11. One participating body shall be designated as the depository of Scott County Economic Development Coalition funds, by action of the Board of Directors at their first meeting. The depository may be changed on an annual basis, by a majority vote, or at any time if the participating body which was depository shall cease to be a participating body. The depository shall keep track of all funds available and all spent, and shall not allow expenditures in excess of the available funds. In the event the Board of Directors shall desire to exceed the amount of available funds, the depository shall bring the limits to their attention. The Board shall then consult with the participating bodies and other members to determine whether or not they are prepared to provide additional funding. 12 . The Scott County Economic Development Coalition will abide by and support the bylaws of the Scott County Economic Development Coalition as attached in Exhibit A. 13 . This agreement shall remain in effect and shall govern the Scott County Economic Development Coalition, subject however to the right of the each respective participating body and any other interested body to terminate their participation with at least a 90 day notice to the Board of Directors. 14 . Upon termination of this agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or on behalf of the Coalition shall be distributed to the participating bodies as determined by the Board. In the event that the Board does not distribute the property, or there is an unsettled dispute as to distribution, then such undistributed or disputed property shall become the property of Scott County. 15 . In the event of any claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against the Scott County Economic Development Coalition in which adequate funds do not exist within the depository of the Scott County Economic Development Coalition to cover any of the foregoing claims, the participating bodies agree to proportionally share in the cost of said claims. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day of , 1991. auscjoint 1 LCA Exhibit A BYLAWS OF SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION ARTICLE I Offices The official office of the Scott County Economic Development Coalition shall be in the City Hall of the City of Prior Lake, County of Scott, State of Minnesota. The Coalition may have offices at such other places as the Board of Directors shall from time to time determine. ARTICLE II Purposes The primary purpose of the Coalition is to serve as a vehicle to further economic development opportunities in Scott County and to promote, and assist the growth and development of business concerns, including small business concerns in said area; to encourage and assist in the location of new business and industry in said area; and to contribute to the economic well being of the area as measured by increased employment, payroll, business volume and corresponding factors. ARTICLE III Membership 3 . 1) Membership within the Coalition shall be open to any person who has an interest in promoting economic development in Scott County. One membership class shall be established. In order to be in good standing, Coalition members shall be required to submit a one time membership fee in the amount of $500. 00 . 3 . 2) Meetings of members - Each February an annual meeting of the membership of this Coalition shall be held. The affairs and business of this Coalition shall be conducted by the Board of Directors as provided for elsewhere in these Bylaws. ARTICLE IV Board of Directors 4 . 1) General Powers - The property, affairs and business of 1 this Coalition shall be managed by the Board of Directors. 4 . 2) Number - The Coalition shall be managed by a Board of Directors which shall consist of not less than 7 and no more than 15 Directors. 4 . 3) Election, Term of Office and Qualifications - All Directors shall hold office until the next annual meeting and until their successors shall have been duly elected and qualified or until their death, resignation or removal. A Director may serve an unlimited number of consecutive or non-consecutive terms. 4 . 4) Voting Rights - Each director shall be entitled to one vote. No director may cast an absentee vote, but written proxies shall be permitted. 4 . 5) Organization - A chairperson shall be one of the directors. Said chairperson shall be elected by a majority vote by the entire Board of Directors. At each meeting of the Board of Directors, the chairperson of this Coalition or, in his/her absence, the vice-chairperson shall preside. In the event both the chairperson and vice-chairperson are absent the Board may by majority vote appoint any member of the Board to serve as acting Chairperson to preside at the meeting. The secretary of this Coalition or, in his/her absence, any person whom the chairperson shall appoint, shall act as secretary of the meeting and take all minutes. 4 . 6) Resignation - Any director of this Coalition may resign at any time by giving written notice to the Chairperson or to the secretary. A resignation shall take effect at the time specified in such notice, unless otherwise stated therein. Acceptance of a resignation shall not be necessary to make it effective. 4 . 7) Vacancies - Director vacancies shall be filled by the authority of the respective organization or participating body in which the vacancy occurs. Any other vacancy in the Board of Directors shall be filled by a majority vote of the Board at the annual meeting or any other time vacancies occur. Each director chosen by the Board of Directors to fill a vacancy shall hold office until the next election at the annual meeting and until his/her successor shall be duly elected and qualified. 4 . 8) Place of Meetings - The Board of Directors may hold its meetings at such place or places as it may from time to time determine by a majority vote. 4 . 9) Time of Regular Meetings - The Board of Directors may hold its meetings at such times as it may from time to time determine by a majority vote of the members. 2 / Zv 4 . 10) Special Meetings - Special meetings of the Coalition may be called by the Chairperson, by any three Directors, or any five members. The Secretary shall cause a notice of such meeting to be mailed to all members at their addresses as they appear on the membership roll book at least ten days, but not more than thirty days, before the scheduled date of such meeting. Such notice shall state the date, time, place and purpose of the meeting, and by whom called. 4 . 11) Quorum: Manner of Acting - Except as otherwise provided by these bylaws, a majority of the total number of directors duly appointed shall be required to constitute a quorum for the transaction of business at any meeting. Unless otherwise provided in the Bylaws, the acts of a majority of the directors present at any meeting at which a quorum is present shall be the acts of the Board of Directors. In the absence of a quorum, a majority of the directors present may adjourn any meeting from time to time until a quorum be present. The Board of Directors and Coalition shall conduct all meetings in accordance with Robert ' s Rules of Order, Revised. ARTICLE V Officers 5. 1) Number - The officers of this corporation shall be as follows: Chairperson, Vice-Chair, Secretary and Treasurer, and such other officers of this Coalition as the Board may designate. 5 . 2) Election, Term of Office and Qualifications - All officers shall be elected by a majority vote of the members of the Board of Directors at the annual meeting and shall hold office until the next annual meeting and until their successors shall have been duly elected and qualified or until their death, resignation or removal. An officer may serve an unlimited number of consecutive or non-consecutive terms. 5. 3) Resignations - Any officer may resign at any time by giving written notice to the Board of Directors, or the Chairperson. Any such resignation shall take effect at the time specified therein or upon receipt if no time is specified. Unless otherwise specified in such resignation, the formal acceptance of such resignation shall not be necessary to make it effective. 5. 4) Duties of Officers - The duties of the officers of this Coalition shall be as follows: 5 . 4 . 1) Chairperson - Shall preside at meetings of the Board of Directors; shall see that all orders and resolutions of the Board are carried into effect; and shall have general managerial responsibility and authority. 3 5 . 4 . 2) Vice-Chairperson - Shall implement the orders and resolutions of the Board and shall have the management of the business affairs of the Coalition in assistance to the Chairperson. The Vice-Chair shall have all the powers of the Chairperson in the event of a vacancy or incapacity of the Chairperson. 5 . 4 . 3) Secretary - Shall keep minutes of all proceedings of the Board of Directors and shall give proper notice of meetings to directors. 5 . 4 . 4) Treasurer - Shall keep accurate accounts of all monies, drafts, and checks in the name of and to the credit of the Coalition in such banks and depositories as a majority of the whole Board of Directors shall designate from time to time. He/she shall have the power to endorse or deposit all notes, checks, and drafts received by the Coalition. He/she shall disburse the funds of the Coalition as ordered by the Board of Directors, taking proper vouchers therefor. He/she shall render to the Chairperson and directors, whenever required, an account of all transactions as Treasurer. ARTICLE VI Other Committees 6. 1) Committees - The Board of Directors may, by motion, establish one or more committees and may designate one or more of the members of this Coalition to serve as members of such committees. The Board of Directors, by such motion, may also appoint non-members of this Coalition to serve on such committees. Such committees shall, if so requested by the Board, provide recommendations and other action or advice to the Board toward accomplishment of specific Coalition objectives. To the extent determined by the Board, a committee may have authority in the management of the specific business purpose for which the committee was formed. ARTICLE VII Fiscal Year 7 . 1) Fiscal Year - The fiscal year of the Coalition shall begin on the first day of January and end on the last day of December in each year. 4 ARTICLE VIII Open Meetings 8 . 1) All meetings of the Board of Directors of this Coalition shall be open to the public to the extent required for public bodies under the Open Meetings Law. ARTICLE IX Amendments 9 . 1) Provisions of these Bylaws may be altered, amended or revised at any regular or special meeting if approved by a majority of all the members of the Board of Directors present at such duly noticed meeting. Certification The undersigned officer of the Coalition hereby certifies that the foregoing is a true and correct copy of the Bylaws of the Coalition duly adopted by the Board of Directors the day of 1991 and currently in effect. Dated: Chairperson aubylaws 5 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR, MEMBERS OF THE SHAKOPEE CITY COUNCIL FROM: MARK MCQUILLAN, PROGRAM SUPERVISOR SUBJECT: TREE PLANTING IN TIMBER TRAIL PARK DATE: 2/26/91 INTRODUCTION At the February 25, 1991 , Park and Recreation Advisory Board meeting, Mr. Pete Shutrop of 1424 South Heron Trail , Shakopee, appeared before the Advisory Board to seek the City's permission to plant trees and shrubbery in Timber Trail Park. Mr. Shutrop was representing a neighborhood group in the Timber Trail Development. BACKGROUND Timber Trail Park is a small 1. 3 acre neighborhood park located on the corner of County Road #17 (Marschall Road) and Blue Heron Trail . The park is very flat and undeveloped. The City regularly mows the grass during the Summer months . Right now, there is no master plan for the park, and there are no plans to develop the park within the next five years. Mr. Shutrop, and his neighborhood group, want to plant a total of 800 trees seedlings and shrubbery in the park this Spring. They include: Flowering Crabs (50) Russian Olives (50) Norway Spruce (50) Dogwood (200) Honeysuckle (150) Lilac (250) Cotton Easter (100) Staff advised Mr. Shutrop that Russian Olives have sharp stickers and that they shouldn't use them in a public park. Mr. Shutrop had no problem our request. Mr. Shutrop did hold a neighborhood meeting to discuss their proposal to plant trees in the park. All property owners in the development were told of this meeting. The neighborhood responded very positively and the group collected more than $250 . to buy the trees and shrubbery. Mr. Shutrop, an experienced landscape designer, designed a conceptual plan of their proposal . A copy of that plan is on page 3 of this memo. All the labor to plant these trees will be done by neighborhood volunteers. ALTERNATIVES 1 ) Approve the Timber Trail neighborhood group's request to plant trees and shrubbery in Timber Trail Park. 2) Deny the Timber Trail neighborhood group's request to plant trees and shrubbery in Timber Trail Park. ) id 3) Table the Timber Trail neighborhood group's request until there is a master plan for the park. It will take many years for the trees to reach full maturity. It's very likely, that the master plan will be done long before the trees reach maturity. RECOMMENDATION At its February 25, 1991 meeting, the Park and Recreation Advisory Board recommended to the City Council to permit the Timber Trail neighborhood group, under the guidance of City staff , to plant trees and shrubbery in Timber Trail Park and thank Mr. Shutrop and his group for the donation. -1 a o p - 0 ? / Ld �n '4'0 6 S .2 vi \i V Az �� A 6 to r c z Q P - n lc il i ¢ '. r ' _- VS Q v1 4 ~ til L� �, —�. Q br � -r;". �_ c. q ® \ 0.- -, n, .0 t).. fff"VVV��` ., e , , i q) \-q, D 4., ''•••:: -ct 'Cb :1\5 :)*A \\ , , ,...,t- \. e ,4 . , .., a---,, - \ \ \ \ \ e \ 14 ?' , z_.. C:-) \\ \ \\.\ \ '\ Zi r% \ . S � \ s i / 1 1 fir4 ji -;,' z a I A \ I3 ' , „, r W ,... ,.. ' \ ,.... © ca I I \ 1///ty AI/ 1 i ®�\ \\\9'40\\.\\\ \ \' \ \ \ \\. C / 7 -- 13 c) CONSENT MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of a Part-Time Temporary Administrative Assistant/Financial Analyst DATE: February 28, 1991 INTRODUCTION: This memo addresses the hiring of a part-time temporary administrative assistant/financial analyst. BACKGROUND: At the City Council Committee of the Whole meeting on February 11th (minutes attached) , the City Council discussed and endorsed the concept of the hiring of a part-time staff person to assist the City Administrator in conducting research and performing analysis on the operation of all City departments in an attempt to determine whether City services can be delivered in a more efficient or a more economical manner. The scope of the study would include all aspects of the budget including the purchase of capital equipment as well as governmental operations. The study will also evaluate the possibility of providing services utilizing intergovernmental agreements with nearby governmental entities. In that the City has already been notified of a reduction in the LGA payments for 1991 and in that additional reductions are anticipated as a result of legislative action this year it is essential that the study be initiated as soon as possible and that it be concluded in a timely manner. It is anticipated that it will be possible to hire someone with appropriate education in public administration, finance, business administration, or a related field as well as experience in local government. The exact magnitude of the study has not been formulated at this time but is expected to have a duration of 4 to 6 months. It is anticipated that someone will be hired some where in the upper half of the part-time salary range. The specific salary paid will be dependent upon the qualifications of the individual including both education and experience (probably $9-$12 per hour) . The total salary expended should not exceed $5, 000. The source of the funding will be the contingency fund of the general fund budget. ALTERNATIVES: 1. Authorize the City Administrator to advertise, interview and hire a part-time temporary administrative assistant/financial analyst. 2 . Authorize the City Administrator to advertise and interview part-time administrative assistant candidates and recommend that the City Council hire a particular individual. /3 '? 3 . Authorize the City Administrator to advertise for the hiring of a part-time administrative assistant and set up a meeting whereby the City Council will interview and hire one individual for this position. 4 . Do not authorize the filling of this position. RECOMMENDATION: Alternative #1 above is recommended. ACTION REQUESTED: Authorize the City Administrator to advertise, interview, and hire a part-time, temporary administrative assistant/financial analyst for the purpose of assisting the City Administrator in the conduct of research and the preparation of a study which will evaluate the current operations of Shakopee City government at a cost not to exceed $5, 000 and a time not to exceed 6 months. / 3 4 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA FEBRUARY 11, 1991 Mayor Laurent called the Committee Of The Whole meeting to order at 7 : 20 p.m. with Cncl . Vierling, Clay, Wampach, and Sweeney present. Cncl. Zak was absent. Also present were Dennis Kraft, City Administrator; Gregg Voxland, Finance Director; and Karen Marty, City Attorney. Dennis Kraft reviewed the action taken by the legislature that resulted in a cut of a little over $50, 000 for the City of Shakopee by this summer. There was some discussion as to where to make the cuts within the City. He said we will more than likely have fewer resources to deal with in 1992 than we have in 1991. Cncl . Vierling said she feels the cuts should be seen by the public so they may be aware of what the City is facing. Mayor Laurent asked where the money for the purchase of the bank building was coming from. Gregg Voxland replied that it is coming from the Capital Improvement Fund. Sweeney suggested the City look into the possibilities of trying to handle the cuts using a levy increase. Cncl. Clay said thought should be given as to what level of increase we want to make. The consensus was to explore the ways to handle the cuts other than by increasing the levy so that we do not have to pass it on to the taxpayers. Cncl . Clay suggested going to the individual departments within the City and asking them what a 10% cut would do to their departments and what they could do to help reduce their costs. Consensus was to have the City Administrator come back with some alternatives available to the City without increasing taxes. Cncl . Sweeney suggested hiring an efficiency expert on a temporary basis with the cost to be taken out of the contingency account. There was some discussion on the $50, 000 coming out of the capital improvement fund or the capital equipment fund. Other revenue sources were identified on a one time basis to effect the 1991 cut in Local Government Aid of $50, 000 . Consensus was to hire a graduate student that has a fairly good understanding of government financing to help the City look into all the possibilities available to the City. Discussion ensued on getting members for the Board of Review for this year. Cncl . Vierling and Sweeney said they would serve. Councilmembers were urged to encourage anyone they thought would be interested in serving to apply. Mayor Laurent adjourned the Committee Of The Whole at 8 : 30 p.m. 0 Judith S. Cox City Clerk Carol S. Schultz Recording Secretary MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR A' � SUBJECT: 2ND AVENUE PROJECT - ENGINEERING SERVICES DATE: FEBRUARY 26, 1991 INTRODUCTION A public hearing to consider street improvements to 2nd Avenue has been scheduled for March 5, 1991. At the conclusion of the public hearing, if the City Council orders plans and specifications prepared for this project, staff is requesting permission to utilize our consultant to provide these engineering services. If the project is not ordered, the request for engineering services is not needed and this agenda item should either be tabled, removed from the agenda or denied. BACKGROUND In 1985, the City of Shakopee went through an extensive consultant selection process which concluded with the retention of Orr- Schelen-Mayeron and Associates, Inc. (OSM) for providing engineering services to the City of Shakopee. The contract with OSM required that a separate proposal be submitted for each project. On March 5, 1991 a public hearing will be held to consider improvements to 2nd Avenue and associated intersecting streets. At the conclusion of the public hearing if the project is ordered staff requests authorization to utilize OSM to provide engineering services for this project. Conversely, if the project is not ordered staff withdraws the request. Currently, staff is designing the Scott/Shumway and Jackson/Harrison Projects in-house. The 2nd Avenue project is quite extensive and involves 18 blocks of construction. Based on the volume of plans required and current staff workloads, staff is requesting permission to utilize our consultant to design this project. In order to have the plans completed for the 1991 construction season, it is imperative to complete the design by May. Our consultant has the resources and staff to accomplish that goal . Attached is a Contract Extension Agreement from OSM outlining their proposal to provide the engineering services as outlined in the Scope of Services. As indicated, their estimated fee to provide these services is $59 , 000. 00. This fee represents 7 . 3% of the construction costs, which is in conformance with accepted engineering guidelines for consultant fees. Attached is a chart published by the American Society of Civil Engineers, which is exclusively used in the engineering field for establishing consultants fees. Based on the construction costs of $800, 000 , the fees should be in the range of 6. 5% - 7 . 8% depending on the complexity of the project, according to these charts. ALTERNATIVES 1. Approve the request. 2 . Deny the request. 3 . Table the request. RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Move to authorize the appropriate City officials to execute the attached Contract Extension Agreement with Orr-Schelen-Mayeron and Associates, Inc. to provide engineering services for 2nd Avenue project for an estimated fee of $59 , 000 . 00 DH/bp 2ndave /313 ``_ Schelen '_ M�aCyeemn& .J:: ,4-'�.1 Associates,Inc. 2021 East Hennepin Avenue Minneapolis,MN 55413 612-331-8660 February 20, 1991 FAX 331-3806 Engineers Surveyors Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. Director of Public Works Re: 2nd Avenue, Sommerville to Shawmut Including Various Abutting Cross-Sections City of Shakopee, Minnesota OSM Comm. No. 0133-91 Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-B (Major Projects), this Extension Agreement is for the design of street improvements within the above addition. The project will include streets and storm sewer. Orr-Schelen-Mayeron&Associates,Inc.agrees to accomplish the attached Scope of Services for a fee not to exceed $59,000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. ezf---t -/.D- 4 , Robert D. Frigaard, P.E. sociate /- l 7:` D. Edward Ames, L.S. Vice President /cmw ENGINEERING SERVICES FOR 2ND AVENUE FROM SOMMERVILLE TO SHAWMUT INCLUDING VARIOUS CROSS-SECTIONS FOR THE CITY OF SHAKOPEE, MINNESOTA A. SCOPE OF SERVICES This work will be for street construction including curb and gutter, pavement, base, and storm sewer along with upgrading sanitary sewer and watermains within the following streets: 2nd Avenue - Sommerville Street to Shawmut Street Main Street - 1st Avenue to 3rd Avenue Market Street - 1st Avenue to 4th Avenue Dakota Street - 2nd Avenue to 3rd Avenue Prairie Street - 1st Avenue to 3rd Avenue B. Design Phase 1. Review and evaluation of the preliminary report dated February 13, 1991, prepared by the City. 2. Necessary surveying work to prepare final constructions plans (easement work will be extra). 3. Set up soil testing program and evaluate borings (testing to be paid for by the City). 4. Preparation of design plans, at 1" = 20' scale, specifications and bidding documents. 5. Preparation of detailed construction cost estimate. 6. Prepare and submit necessary permit applications to regulatory agencies. 7. Assist the City in advertising for bids and provide recommendations for Award of Contract. C. Construction Phase 1. Provide required construction engineering services as follows: a. periodic observations of the work in progress (once a week 4 hours). b. preparation of supplementary drawings to clarify working drawings. c. review of shop drawings to determine compliance with plans and specifications. d. review of necessary testing done by testing laboratories. 3.b D. SCHEDULE 1. Order Project • Council orders project and approves March 5, 1991 extension agreement 2. Project Initiation • Meet with city staff to review project March 8, 1991 and collect data 3. Field Survey (weather permitting) • Survey crews obtaining existing March 11, 1991 ccindidons tc March 29, 1991 4. Transpose Field Information • Prepare plan showing existing April 1, 1991 conditions to April 12, 1991 5. Design • Prepare preliminary plans and April 8, 1991 specifications to May 7, 1991 6. City Review • Submit preliminary plans and May 7, 1991 specifications to City for to review May 13, 1991 7. Finalize Pl2-Y. z.ra Specifications • Review city comments and complete May 13, 1991 plans and specifications to May 16, 1991 8. Submit Final Plans and Specifications to City May 16, 1991 9. City Council Approves Plans & Specs and sets Letting Date May 21, 1991 10. City Accepts Bids June 14, 1991 11. Council Awards Project June 18, 1991 0,1:e• Orr .» Ma Screten 4_ Mayeron& Associates,Inc. 2021 East Hennepin Avenue Minneapolis,MN 55413 612-331-8660 February 20, 1991 FAX 331-3806 Engineers Surveyors Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. Director of Public Works Re: 2nd Avenue, Sommerville to Shawmut Including Various Abutting Cross-Sections City of Shakopee, Minnesota OSM Comm. No. 0133-91 Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-B (Major Projects), this Extension Agreement is for the design of street improvements within the above addition. The project will include streets and storm sewer. Orr-Schelen-Mayeron&Associates,Inc.agrees to accomplish the attached Scope of Services for a fee not to exceed $59,000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, I 4 , ,e,14--p. 7.` ..-9-- Robert D. Frigaard, P.E. Associate 0 . 1 ., 01. D. Edward Ames, L.S. Vice President /cmw ENGINEERING SERVICES ) 3-b FOR 2ND AVENUE FROM SOMMERVILLE TO SHAWMUT INCLUDING VARIOUS CROSS-SECTIONS FOR THE CITY OF SHAKOPEE, MINNESOTA A. SCOPE OF SERVICES This work will be for street construction including curb and gutter, pavement, base, and storm sewer along with upgrading sanitary sewer and watermains within the following streets: 2nd Avenue - Sommerville Street to Shawmut Street Main Street - 1st Avenue to 3rd Avenue Market Street - 1st Avenue to 4th Avenue Dakota Street - 2nd Avenue to 3rd Avenue Prairie Street - 1st Avenue to 3rd Avenue B. Design Phase 1. Review and evaluation of the preliminary report dated February 13, 1991, prepared by the City. 2. Necessary surveying work to prepare final constructions plans (easement work will be extra). 3. Set up soil testing program and evaluate borings (testing to be paid for by the City). 4. Preparation of design plans, at 1" = 20' scale, specifications and bidding documents. 5. Preparation of detailed construction cost estimate. 6. Prepare and submit necessary permit applications to regulatory agencies. 7. Assist the City in advertising for bids and provide recommendations for Award of Contract. C. Construction Phase 1. Provide required construction engineering services as follows: a. periodic observations of the work in progress (once a week 4 hours). b. preparation of supplementary drawings to clarify working drawings. c. review of shop drawings to determine compliance with plans and specifications. d. review of necessary testing done by testing laboratories. 14( I l i I J I I Net Co nstruction I % From ' ( 1 Cost Curve A I 13 jt. ,f( , I 1 i 50,000 13.22 1 —� l 100 ,000 11 .63 Ili 250,000 9.75 12 1--- 500,000 8.52 150,000 7.90 ,__i __L 1 ,000,000 7.53 I I 11 I 2 ,000,000 6.f�2 6.36 _ _ 4 ,000 ,000 }---i i 1 i 6 ,000,000 6.20 j I I jI I l l 8,000,000 6.10 10 ,000,000 6.0 3 j ! j 1 1 1 20 ,000,000 5.20 10 i_.l.J.111...�� �. ---- 1-. — - t - 1 l _111 i , ; I I rIIiil FA-- , T I ( f V 114 . I1.1j I i- it .= 9 , ( __. i 1114. 11 o it 4---h I I I : I � II II d 8 '4- -i.I. ( _ I 1111 c o I � I i 1fl � .i � i' ___ � III I I i I I ' i I � �I iu 7 _±.. I I ( -1 .h=: ►i 1-.._-L- - - - -•1 i 11(1 I i I ( I , ,' , I I ( It„ill� i I I__ i .L`u _�. I ! ' IIII I ,• i , ' 11 I 'II■ 1LL1. 1• I I i II tli. � � I jil i III 1 ri : ii I 1 . 4 -- I jl ISI li 1 ! 0.01 0.05 0.1 0.5 I 5 10 50 100 Net construction cost, in millions of dollars FIG. 1 — CURVE A, MEDIAN COMPENSATION FOR BASIC SERVICES, EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR PROJECTS OF ABOVE-AVERAGE COMPLEXITY. From 1972 ASCE Manual No.45 — 13 — • J 3..b 14 I I 11 1 1111 1 I T 1 11111- i i T TTI1 -- �- -- '� Net Construction %From 1 1 1. 1 I ( .__.___ Cost Curve B 13 --�_ 1 j �.1.Ii.1 50,000 10.05 __.I I_1... _kit —.._ . ., 100,000 9.01 " 250,000 7.81 — 12 ! L , -. .1 LL___. .. . 500,000 7.00 750,000 6.63 1 ,000,000 6.22 -- ' - - -- -- 2,000,000 5.75 I I 4,000,000 5.30 II --�---r---� -- 1-- ---- -- 6,000,000 5.10 ( I I 1 8,000,000 5.05 ._i_-1-_-_t____....._____— 10,000,000 4.97 I 1 ; III I 20,000,000 4.88 10 - 1 _I . .— - ' _... - 1-- ,-, .o — ----1- -- -. I f` [\.. 1j.�- i.; -. --... -1I ' ii :1.14 i EC. 8 I t I I }. _ I ( e I I I ! I1 .J_..-._ ---i_ L.+I..--- -•- - - .. - .�- _...-----1- ---` 10 I 1co 1 " 1 'f .- I - __--.- _-- ..._ !- -_- - ' L._....-_ .._ .� .,.. . -.1 - 1a. 1_ j 1I1 _� a 41 1 , I ` 101 - - 1 I" I I1 , , : 1 ii ' 1 1 1 I '-1- 1 ._ :L ..Titt: ILf - -1 1_ i •i1- ................... ... . .I I I I ' II i 1 11 j I i I L . .±H Li II I I I II 0.01 0.05 0.1 0.5 1 5 10 50 100 Net construction cost, in millions of dollars FIG. 2 - CURVE B, MEDIAN COMPENSATION FOR BASIC SERVICES, EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR PROJECTS OF AVERAGE COMPLEXITY. From 1972 ASCE Manual No. 45 - 15 - / 3c MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: SCOTT COUNTY TRANSPORTATION COALITION DATE: FEBRUARY 26, 1991 INTRODUCTION The City of Shakopee has $10, 500. 00 budgeted in the 1991 budget for contribution to the Scott County Transportation Coalition for lobbying efforts. City staff is requesting authorization to submit payment to the coalition for the amount. BACKGROUND The City Council Division of the 1991 Budget has $10, 500 budgeted in object number 4310, Professional Services, for contribution to the Scott County Transportation Coalition for lobbying efforts. This amount has been contributed for the last 4 years by the City of Shakopee. The amounts contributed by all the cities in Scott County, as well as Scott County's contribution, are calculated based on a formula using 50% valuation and 50% population. The township contributions are determined based on their financial position. Corporate and individual contributions are also accepted. The Scott County Transportation Coalition's lobbying efforts are mainly for the 3 major transportation projects in Scott County, namely the Shakopee Bypass, the T.H. 109 Bridge and Downtown Bypass and the Bloomington Ferry Bridge. Attached is a summary of the 1990 activities of the coalition as well as a budget summary for the last 4 years. While all 3 transportation projects appear to be well underway, the coalition is concerned about future cuts or delays due to the State of Minnesota' s budget problems. Therefore, the coalition feels strongly that the lobbying efforts should continue at the pace and intensity of past years. Staff is now requesting authorization to submit the 1991 payment to the coalition. ALTERNATIVES 1. Approve the request. 2 . Deny the request. 3 . Table the request. f3 "' RECOMMENDATION Staff recommends Alternative No. l. ACTION REQUESTED Move to authorize payment to the Scott County Transportation Coalition in the amount of $10,500. 00 DH/bp COALITION 13 • SCOTT COUNTY TRANSPORTATION COALITION 1990 ACTIVITIES January 16, 1990 - Brad Larson spoke to the LeSueur Rotary Club on status of projects . Main concern was the Shakopee Bypass . January 17 , 1990 - Scott County Transportation Coalition held their Annual Meeting in conjunction with the Shakopee Chamber of Commerce. Main topic: Light Rail Transit-speaker was Hennepin County Commissioner John Derus. January 24 , 1990 - Brad Larson spoke to the Belle Plaine Rotary Club on status of projects . February 1 , 1990 - Mark Stromwall and Jon Albinson met with Shakopee businesses on Scott County Transportation Coalition activities . February 14, 1990 - Coalition members attended a House Transportation Committee meeting to support maintaining Motor Vehicle Excise Tax (MVET) funds for transportation purposes . February 21 , 1990 - Shakopee Bypass Meeting: Coalition members Mark Stromwall, Senator Bob Schmitz, Representatives Becky Kelso and Bill Macklin, Brad Larson, John Boland, and Fred Corrigan along with Representative Henry Kalis met with Commissioner Levine and staff concerning Shakopee Bypass programming and scheduling. February 28, 1990 - Norbert Theis and Brad Larson attended I35W Council meeting. SCTC is ex-officio member of the I35W Council . March 20-22, 1990 - Minnesota Transportation Alliance Washington Fly-In. Attended by Representative Becky • Kelso, Mark Stromwall, John Boland, and Brad Larson. Met with Congressional delegation members and/or staff. March 24 , 1990 - Had booth at MN Valley Electric Cooperative Annual Meeting in Jordan. Approximately 1 , 500 people attended. Marilyn Hagerman represented SCTC. March 31 , 1990 - Norbert Theis discussed SCTC activities and project status at the Annual Scott County Township Officers Meeting. ,3c- SCOTT COUNTY TRANSPORTATION COALITION 1990 ACTIVITIES April 16 , 1990 - An estimated 3 , 700 people attended the Shakopee Showcase. Coalition had booth illustrating the three major projects : TH 169 bridge over Minnesota River, Shakopee Bypass, and Bloomington Ferry Bridge. Marilyn Hagerman and Brad Larson manned the booth. June 6, 1990 - Brad Larson attended I35W Council meeting. June 12, 1990 - Jordan Chamber of Commerce held a special meeting as a fundraiser for the Coalition. Speakers were Mark Stromwall and Hennepin County Commissioner John Derus . June 15, 1990 - Marilyn Hagerman attended first Annual Meeting of the Suburban Chapter of the MN Transportation Alliance. June 19, 1990 - Brad Larson spoke to the Savage Chamber of Commerce on status of projects . June 20, 1990 - Brad Larson spoke to the Transportation Committee of the Eden Prairie Chamber of Commerce on Coalition activities. Main topic : Bloomington Ferry Bridge. June 26, 1990 - Brad Larson spoke to the Burnsville Economic Growth Committee on Coalition activities . Main topic : Bloomington Ferry Bridge. July, 1990 - Minnesota Department of Trade and Economic Development report "Economic Impacts of Highway Development in Shakopee" issued. Study requested by Senator Bob Schmitz . July 2, 1990 - Senator Boschwitz Meeting: Large delegation of Coalition members attended meeting hosted by I35W Council in Burnsville. Mark Stromwall spoke on Bloomington Ferry Bridge project. Senator Boschwitz was very supportive of our transportation needs . July 10, 1990 - Mark Stromwall and Brad Larson attended MN Transportation Alliance luncheon. Senator Durenberger was the speaker. • -2- � 2rL SCOTT COUNTY TRANSPORTATION COALITION 1990 ACTIVITIES August 2, 1990 - Meeting with Secretary of Transportation Samuel Skinner. Attended by Senators Boschwitz and Durenberger, Congressman Frenzel, and other Congressional delegation staff . Mark Stromwall and Brad Larson made presentation and answered questions on Bloomington Ferry Bridge project. Burnsville Mayor Dan McElroy and Chairman of the I35W Council also accompanied Coalition members to Washington for the meeting. August 8, 1990 - Met with Mn/DOT officials on Shakopee Bypass scheduling. Attended by Coalition members Representative Becky Kelso, Mark Stromwall, Mayor Gary Laurent, John Boland, Bill Dilks, and Brad Larson. August 21 , 1990 - A delegation of Coalition members were on hand for the groundbreaking ceremonies of the TH 13/Fish Point Road improvements . Ceremonies were hosted by the Highway 13 Task Force. September 10, 1990 - Mark Stromwall and Brad Larson manned the Coalition booth for Prior Lake' s Info/Expo. September 26, 1990 - Mike Beard and Brad Larson spoke to Shakopee Chamber of Commerce on status of projects and Coalition activities. September 26 , 1990 - Norbert Theis attended I35W Council meeting. October 6, 1990 - SHAKOPEE BYPASS GROUNDBREAKING. Mark Stromwall was emcee at the groundbreaking ceremonies for the Shakopee Bypass. Governor Perpich, Commissioner Levine, and Mayor • Laurent were key speakers . A large delegation of Coalition members attended. October 6, 1990 - Governor Rudy Perpich proclaimed this day as Scott County Transportation Coalition Day. October 10, 1990 - Fourteen Coalition members attended the MN Transportation Alliance Annual Meeting in St . Paul. October 20, 1990 - Norbert Theis and Marilyn Hagerman attended the Belle Plaine Showcase . Coalition had a booth at the event . There was a good turnout and interest in projects . -3- /3 c SCOTT COUNTY TRANSPORTATION COALITION 1990 ACTIVITIES October 29, 1990 - TH 169/MINI-BYPASS GROUNDBREAKING. Another large delegation of Coalition members attended the groundbreaking ceremonies for the TH 169 bridge and mini-bypass . Hosted by the City of Shakopee. November 21 , 1990 - $9 . 68 Million in Federal Discretionary Funds granted to Bloomington Ferry Bridge project. Assistant Secretary of Transportation Galen Reser presented Senator Durenberger and SCTC Chairman Mark Stromwall with check for $9 .68 Million at special luncheon/press conference hosted by Coalition. Funds will cover Federal share of first stage construction of the main bridge . Over 100 Coalition members attended. GENERAL ACTIVITIES * Scott County Transportation Coalition Executive Committee/Work Group met officially 16 times ,during 1990 in addition to those noted above . * UPDATE, the newsletter of the Scott County Transportation Coalition, was published 8 times throughout 1990 with an average circulation of over 1 ,400 . -4- Scott County Transportation Coali ....en....... i P.O.BOX I53 SHAKOPEE,MN 55379 IMP NM IMO aa• i I EXPENDITURES MEMBERS OF THE COALITION: I Scow County Board 1987of Commissioners 1988 1989...' 1990 i . i Cities of: Office $ 351 $ 207 $ 138 $ T5 Belle Plaine Elko - Jordan New Market Postage 3 ,828 1 , 726 1 ,832 1 ,852 New Prague Prior Lake Savage Mileage 275 294 268 100 Shakopee _ i Townships of: P . R . /Edit 14, 685 12 , 940 - 13 ,805 14, 540 Belle Plaine Blakeley Cedar Lake Mtg . /Travel 5 108 1 639 2 166 1 420 Credit R it River , , , _, , Helena Jackson Louisville Leg . /Lobby 20 , 157 23 , 631 18, 000 18, 000 New Market St.Lawrence Sand Creek Spring Lake Staff 9 , 071 9 , 969 9 ,828 9f 928 Chambers of Comm.. Prior Lake Mi scel . 3 , 504 278 881 -0- Savage S"kOQCe Print . 10,834 8 ,881 4;450_ 4 , 881 Industrial Commissions: Prior Lake $51 , 360 Shakopee TOTAL $67 ,813 $59 , 569 $52 , 172 Attractions: Canterbury Downs Race Track Murphy's Landing Little Six Bingo Renaissance Festival Vaileyfair Family Amusement Park INCOME $45 , 700 $59 , 679 $43 , 045 48 , 770 Ex-officio Members: Minnesota Department of Transportation Hennepin County Department of Transportation . Metropolitan Coundl • • . fOTN SENT Memo to: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Hepatitis B Vaccinations for "at risk" Employees Date: February 27 , 1991 Introduction The Federal Occupational Safety and Health Administration (OSHA) has directed all employers to evaluate their employees to assess their risk of Hepatitis B infection as it relates to their jobs . If an increased risk is assessed, the employer must offer to those employees the Hepatitis B vaccine at no cost to the employee. Background The City of Shakopee has identified police officers and firefighters as employee to be considered "at risk" of Hepatitis B infection in the performance of their jobs. Fire Chief Charles Ries and Police Chief Tom Steininger have provided all firefighters and sworn police officers with copies of the City' s Hepatitis B Vaccine Policy, information sheet and Hepatitis B Vaccine Consent/Refusal Form as required. Thirteen (13 ) fireman and fourteen (14) police officers have signed the consent form to receive the vaccine. Last year, the Bloomington Health Department agreed to act as the vendor for the immunization clinics. Cities wishing to participate were asked to obtain signed permission notices from all employees who were to receive the vaccine and send the count to Samantha Orduno, currently Mounds View City Administrator, who is coordinating the program. Initially it was believed the City of Bloomington would bill each City for the number of employees receiving the three (3) shot vaccination series. However, in January, the City of Bloomington informed Orduno that all cities would have to pre-pay for the number of employees receiving the series. Evidently, the large quantity of vaccine Bloomington had to order to accommodate the cities had a negative impact on their cash flow. The Bloomington City Attorney has determined it is necessary for each participating city to approve a "hold-harmless" agreement and pre-pay before the vaccine can be ordered. Shakopee City Attorney Marty has reviewed and made several minor changes to the agreement with the concurrence of the Bloomington City Attorney. It is anticipated that Bloomington will order the vaccine approximately April 1, 1991, with the first set of clinics to be held in May, 1991 and the final set in November, 1991. Budget Impact The cost of the vaccinations was not anticipated during preparation of the 1991 Budget. Unless Council directs some other source for funding this expenditure, each department ' s professional services category will be charged for the cost. There are adequate funds in each budget at this time. Recommendation To be in compliance with the OSHA directive, staff recommends Council approve the agreement and authorize the pre-payment of $3 , 780 . 00 ($140 x 27 employees) . Action Requested 1. Authorize the appropriate city officials to execute The Agreement Between the Cities of Bloomington and Shakopee for Provision of Hepatitis B Vaccine. 2 . Authorize the expenditure of $3 , 780. 00 to the City of Bloomington, as pre-payment for the 27 City of Shakopee employees consenting to be vaccinated. AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND SHAKOPEE FOR PROVISION OF HEPATITIS B VACCINE This Agreement made this day of 1991, by and between the City of Bloomington ( "Bloomington" ) and the City of Shakopee ( " Shakopee ,. ) ; WHEREAS, Hepatitis B is an infection of the liver caused by the hepatitis B virus; and WHEREAS, each year approximately 300, 000 persons in the United States are, afflicted with hepatitis B, more than 10, 000 persons require hospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such governmental employees as nurses, paramedics , law enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infection; and WHEREAS, Bloomington, through its Division of Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatitis B; NOW, THEREFORE, the parties hereto, in consideration of the convenants thereinafter set forth, agree as follows : 1. Bloomington, through its Division of Public Health, /sworn police officer or will administer the Hepatitis B vaccine to any )e 1 of fire fighter Shakopee who consent to be vaccinated. Each employee requesting immunization shall be required to sign a -2- Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2 . Bloomington shall administer three (3) separate vaccines for each authorized Shakopee employee. 3 . Shakopee shall pay Bloomington the sum of One Hundred and Forty Dollars ( $140 . 00 ) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, Shakopee shall remit to Bloomington the total amount of compensation from all employees of Shakopee who have consented to be vaccinated. It is understood and agreed that such compensation from all employees of Shakopee who have consented must be paid prior to Bloomington dispensing the vaccine. 4 . Bloomington will conduct the vaccination program at ten to fifteen ( 10-15 ) separate clinics . Bloomington shall inform Shakopee of the location of each clinic and provide a schedule for administration of the vaccine. 5 . Bloomington shall provide to Shakopee a report confirming that the consenting employees of Shakopee received the Hepatitis B vaccine on three separate occasions . 6 . It shall be the responsibility of Shakopee to insure that its employees requesting immunization utilize the available clinics at the designated times . Bloomington shall not refund any payments to Shakopee for employees who are not vaccinated because they failed to appear at a clinic during the times when the vaccine was being administered. lad -3- 7 . Shakopee shall indemnify and hold harmless Bloomington, its officials, agents and employees, from and against all claims, damages, losses and expenses, except those caused by Bloomington' s negligence, arising out of or resulting from administration of the Hepatitis B vaccine pursuant to this Agreement. CITY OF BLOOMINGTON By: Its Mayor By: Its Manager CITY OF By: Its Mayor By: Its Administrator By: Its City Clerk • HEPATITIS B IMMUNIZATION CLINIC PREREGISTRATION CITY NO. OF PARTICIPANTS Anoka 61 Blaine 32 Brooklyn Park 95 Champlin 9 Columbia Heights 26 Crystal 54 Eagan 73 Eden Prarie 92 Excelsior 11 Fridley 68 Golden Valley 45 Hopkins 50 Maple Grove 61 Mound 12 Mounds View 14 New Brighton 33 New Hope 43 Robbinsdale Roseville 7S St. Anthony 55 Shakopee 27 Spring Lake Park Woodbury 1_4 3 aL IMPORTANT INFORMATION ABOUT HEPATITIS B AND HEPATITIS B VACCINE Please Read This Carefully WHAT IS HEPATITIS B? Hepatitis B is an infection of the liver caused by the hepatitis B After three doses, the hepatitis B vaccine is 85%-95% effective in virus(HBV). The term "viral hepatitis" is often used for and may preventing hepatitis B infection in those who received vaccine. An include hepatitis B and other similar diseases which affect the liver alternative schedule for 4 doses of vaccine given at 0, 1, 2, and 12 but are caused by different viruses. months is approved for one vaccine. Protection for normal healthy adults and children given vaccine lasts at least 7 years. Booster Acute hepatitis generally begins with mild symptoms that may or doses of vaccine are not routinely recommended at the present may not become severe. These symptoms may include loss of time. appetite, a vague feeling of oncoming illness, extreme tiredness, nausea, vomiting, stomach pain, dark urine, and jaundice (yellow eyes and skin). Skin rashes and joint pain can also occur. WHO SHOULD GET HEPATITIS B VACCIiNE? In the United States about 300,000 persons, mostly young adults, The vaccine is recommended for persons at high risk of catching catch hepatitis B each year. About one-fourth will develop HBV infection who are or may be unprotected. These groups jaundice, and more than 10,000 will need to be hospitalized. include: About 250 people die each year from severe acute hepatitis B. Between 6 and 10 of every 100 young adults who catch hepatitis B 1. Persons with occupational risk. Health care and public become chronic carriers (have HBV in their blood for 6 or more safety workers who are exposed to blood or blood months) and may be able to spread the infection to others for a products or who may get accidental needlesticks should be long period of time. Infants who catch hepatitis B are more likely vaccinated. to become carriers than adults. About one-fourth of these carriers 2. Clients and staff of institutions for the developmentally go on to develop a disease called "chronic active hepatitis." disabled. The special behavioral and medical problems of Chronic active hepatitis often causes cirrhosis of the liver (liver these persons make this a high-risk setting. Risk in destruction) and death due to liver failure. In addition, HBV institutions is related to contact with blood and also with carriers are much more likely than others to get cancer of the bites and contact with skin lesions and other body fluids liver. An estimated 4,000 persons die from hepatitis B-related that contain HBV. Clients and staff of group and foster cirrhosis each year in the United States and more than 800 die homes where a carrier is known to be present should also fro-n hepatitis B-related liver cancer. be vaccinated. 3. Hemodialysis patients. Although the hepatitis B vaccine is The risk of catching hepatitis is higher in certain groups of people less effective in these patients, it should still be offered to because of their occupation, lifestyle, or environment. Because of all hemodialysis patients. Higher doses and/or special the risks of serious problems associated with hepatitis B infection, preparations are required for these persons. vaccination to help prevent infections is recommended for these 4. Homosexually active men. groups. 5. Users of unlawful injectable drugs. Sharing needles is an extremely high-risk activity for transmitting hepatitis B. 6. Recipients of certain blood products. Persons such as HEPATITIS B VACCINE: hemophiliacs who received special products to help their blood clot are at high risk of infection. Hepatitis B vaccine is made two ways. Plasma-derived vaccine is 7. Household and sexual contacts of HBV carriers. When made from HBV particles that have been purified from the blood HBV carriers are identified,household and sexual contacts of carriers. The method used to prepare the plasma-derived should be offered vaccine. hepatitis vaccine kills all types of viruses found in human blood, 8. Adoptees from countries with high rates of HBV infection. including the virus that causes Acquired Immunodeficiency Families with orphans or unaccompanied minors from Syndrome (AIDS). Recombinant vaccines are made from common such countries should have the child checked for HBV baker's yeast cells through genetic engineering. The yeast-derived carriage, and, if positive, family members should be vaccines do not contain human blood products. The vaccine is vaccinated. given by injection on three separate dates. Usually, the first two doses are given 1 month apart, and the third dose, 5 months after the second. 9. Other contacts of HBV carriers. Vaccine use should be POSSIBLE SIDE EFFECTS FROM THE VACCINE: considered in classroom and other day settings were deinstitutionalized developmentally disabled HBV carriers The most common side effect is soreness at the site of inje.tion. behave aggressively or have special medical problems Illnesses, such as neurologic reactions, have been reported after that may expose contacts to their blood or body vaccine is given, but hepatitis B vaccine is not believed to be the secretions. Teachers and aides have been shown to be at cause of these illnesses. As with any drug or vaccine, there is a significant risk in these settings. Other persons who have rare possibility that allergic or more serious reactions or even casual contact with carriers at schools and offices are at death could occur. No deaths, however, have been reported in little risk of catching HBV infection and vaccine is not persons who have received this vaccine. Giving hepatitis B recommended for them. vaccine to persons who are already immune or to carriers m.ill 10. Special populations from areas with high rates of not increase the risk of side effects. hepatitis B. These groups include Alaskan natives, native Pacific islanders, immigrants and refugees from eastern Asia and sub-saharan Africa, and their U.S. born PREGNANCY: children. 11. Inmates of long-term correctional facilities. The risk of No information is available about the safety of the vaccine for inmates catching HBV infection may be due to use of unborn babies; however, because the vaccine contains only unlawful injectable drugs and male homosexual practices. particles that do not cause hepatitis B infection, there should be 12. Heterosexuals who come in for treatment of other newly no risk. In contrast, if a pregnant woman gets a hepatitis B acquired sexually transmitted diseases who have histories infection, this may cause severe disease in the mother and of sexual activity with multiple sexual partners in the past chronic infection in the newborn baby. Therefore, pregnant 6 months. women who are otherwise eligible can be given hepatitis B 13. Persons who plan to travel to areas outside the United vaccine. States that have high rates of hepatitis B infection, stay in these areas for more than 6 months, and have close contact with the local populations; and, persons traveling for shorter durations who may have contact with blood from or sexual contact with local persons in areas where HBV infection is common. Persons traveling abroad who will perform medical procedures in areas where HBV infection is common are at very high risk. ADDITIONAL VACCINEES: Hepatitis B vaccine is also recommended as part of the therapy used to prevent hepatitis B infection after exposure to HBV. Postexposure use of hepatitis B vaccine is recommended for the following persons: (1) infants born to mothers who have a positive blood test for hepatitis B surface antigen(HBsAg); (2) persons having accidents involving HBsAg-positive blood where there is entry through the skin or a mucous membrane; (3) infants less than 12 months old whose mother or primary caregiver has HBV infection; and, (4) persons having sexual contact with someone who has a positive blood test for HBsAg. The hepatitis B vaccine series should be started at the same time as other therapy, primarily, treatment with hepatitis B immune globulin (HBIG). /3d CITY OF SHAKOPEE HEPATITIS-B VACCINE POLICY Policy Hepatitis B is a viral liver infection which can be debilitating and in some cases, fatal . Because Hepatitis B is transmitted through body fluids such as blood, certain groups of people are at a greater risk of infection than others. The Federal Occupational Safety and Health Administration (OSHA) has stated that all employers must evaluate their employees to assess the risk of Hepatitis B infection, as it relates to their jobs. If a substantial exposure is assessed, the employer must offer the vaccine to those employees at no cost the employee. Substantial exposure risk is defined as regular exposure to infectious agents, body fluids, or needle sticks during the course of performing one ' s job duties. The employees with the City of Shakopee who have been identified at substantial risk of Hepatitis B infections are: * Sworn officers * Firefighters Procedure Current medical standards require three does of Hepatitis vaccine. The timeframe of the doses are: one initial dose, a second dose at 1 month and the third at 6 months. Any employee who, while on the job, is exposed to blood, body fluids or needle stick exposures is required to: 1. Contact their supervisor as soon as possible. 2 . Complete a First Report of Injury Form. If the exposure is found to be a significant exposure, the supervisor will initiate appropriate action. Implementation The City of Shakopee is committed to protecting their employees by providing the vaccine to current members of the above named groups and to all new members of these groups at the time of employment. The City will annually conduct a review to determine employee who wish to receive the vaccination. The program shall be administered by the Administration office. Immunization records shall be retained by the Personnel Coordinator. Employees who wish to receive the vaccine shall contact the Personnel Coordinator. Signed Date/741,e City Administrator CITY OF SHAKOPEE HEPATITIS-B VACCINE CONSENT/REFUSAL FORM I have read the policy statement and the information sheet about Hepatitis B and the Hepatitis B vaccine. I have had a chance to ask questions. I have all the information I desire and understand the benefits, risks and possible adverse effects consenting to or refusing the Hepatitis vaccination. I accept those risks. I understand that if I consent to the vaccination I must have three separate vaccinations. I understand it is my responsibility to receive the doses according to the schedule. I further understand that the vaccine has been offered to me at no cost. I wish to receive the Hepatitis vaccinations. Signature Date I prefer not to receive the Hepatitis B vaccine and decline the opportunity to be vaccinated. I do understand that I may receive the vaccination series in the future at my request. Signature Date 13c!! . TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Employee Educational Expense Reimbursement DATE: February 26, 1991 Introduction A request for employee educational expense reimbursement has been received by Finance. The request does not entirely meet the requirements of the Personnel Policy and is therefore brought before Council. Background A request from an employee for a reimbursement of $751.60 in educational expenses has been received by the Finance Department. Attached is a copy of the Employee Tuition Policy which is part of the Personnel Policy. Also attached is a memo from the Police Chief recommending approval. Based on the material submitted with the request, it appears that the requirements of the policy have been met with the exception of the necessary prior approvals. The City Administrator does not recall any prior approval. The Police Chief did not give prior approval, noting that some registrations were before his hiring and he was unaware of the requirement for prior approval. Alternatives 1. Deny the request for employee educational reimbursement in the amount of $751.60 based on the Employee Tuition policy. 2. Approve the request for employee educational reimbursement in the amount of $751.60 and waive the policy. 3. Direct staff to prepare a resolution to change the policy to eliminate the required prior approval and clearly state that approval is subject to the discretion of the Department Head and the City Administrator, and approve the request for employee educational reimbursement in the amount of $751.60. Recommendation Review the policy and give staff direction. (See attached recommendation of approval from the Police Chief) Action Move to: (chose one of the following) 1. Deny the request for employee educational reimbursement in the amount of $751.60 based on the Employee Tuition policy. 2. Approve the request for employee educational reimbursement For Teri Van Cleve in the amount of $751.60 and waive the policy. 3. Direct staff to prepare a resolution to change the policy eliminating the required prior approval and clearly state that approval is subject to the discretion of the Department Head and the City Administrator, and approve the request for employee educational reimbursement for Teri Van Cleve in the amount of $751.60. / 3 ,a. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Employee Tuition Policy DATE: 2/20/91 INTRODUCTION: Teri Van Cleve has applied for reimbursement for educational expenses as provided for by City Policy. BACKGROUND: City Policy provides for payment of educational expenses in certain cases. The classes for which Ms. Van Cleve is seeking reimbursement certainly appear to relate closely to her duties at the Police Department. The expenses incurred seem reasonable. There are adequate funds in the Police Training Budget to cover this expenditure. Copies of Ms. Van Cleve's grade slips indicating successful completion of the courses for which she is seeking reimbursement and of the City Tuition Policy are attached. ALTERNATIVES: 1. Approve Reimbursement. 2 . Deny Reimbursement. RECOMMENDED Approve Reimbursement. ACTION: )3 .4....- Subdivision 2. Disciplinary Action Disciplinary action for violation of this Section shall be in accordance with the procedures in Section 20 of this Personnel Policy entitled Discipline. nt, :st, Anel SECTION 24 . EMPLOYEE TUITION POLICY and Lese As the continued development of an employee' s knowledge, skills and abilities is an important personnel management strategy, the City of Shakopee shall reimburse its employees for training and education expenses. To qualify for reimbursement, an educational or training activity must have a substantial relationship to the all duties of the participant' s job and must be deemed to benefit the Ley, City. The City Administrator shall have sole discretion in making in these judgments. The following procedures shall apply: ised Education or training for the purpose of obtaining a certificate, degree or similar achievement (continuing education) . 1 . Prior to commencement of the continuing education program, the 1 employee must obtain from the Department Head and the City act 1 Administrator a determination that the certificate, degree or gent overall achievement is job related and that the request is a •ith worthy request and would fill a need within the department. eir ing 1 2. Prior to each semester or quarter enrollment, the employee st, will submit to the Department Head and City Administrator a eds I list of specific courses requested for reimbursement. In ing / 3 . Proof of satisfactory completion of the courses requested for ial reimbursement shall be tendered by the employee to the City ts. Administrator. The appropriate Department budget shall be ary 4 charged for the expenses. There shall no reimbursement for 1 mileage/parking expense. Secondly, the employee must agree 1 to continued employment with the City of Shakopee for one i calendar year following the last date of reimbursement. 1 Employees terminating their employment prior to the 1 fulfillment of this condition shall reimburse the City on a pro-rata basis . of 4 . If a portion of the employee' s continuing education program is st. conducted during regular work hours, that time absent from ty, I work must be taken as compensatory time ( as allowed) , vacation as i time or leave of absence without pay or handled under a hat 1 flexible scheduling arrangement approved by the Department 00 , Head. Classes or coursework taken by the employee must not ate ? disrupt or interfere with the normal departmental operations. j If significant disruption or interference does develop in _an t an employee ' s continuing education program, then the 1 Department Head may require the employee to rectify the I situation or discontinue the particular continuing education i program. 17 i A Education or training programs of a short duration e e 1 . To qualify for reimbursement, the employee must secure the e prior approval of the Department Head. Approval indicates c that the educational or training program has been deemed job related and beneficial to the City. SUPERV 2 . Approved educational or training activities , including tuition The C and books, shall be reimbursed at full cost. Preregistration respor or advance payment of the fee may be permitted at the from discretion of the Department Head. Mileage reimbursement will harass be reimbursed at the rates established. i meanin harass 3 . Employees will be allowed to take time off for this type of manner continuing education program, conference or seminar without Depart loss of leave time or pay, if said time off does not disrupt compla or interfere with normal departmental operations and if the invest employee has secured the approval of the Department Head. tratot Admini The City Administrator, or designee, shall be responsible for the compla coordination of the Employee Tuition Program. Individual the F Department Heads are responsible for prioritizing their department Depart compla requests. releva preset SECTION 25 . SEXUAL HARASSMENT POLICY the fu Head, THIS IS A STATEMENT OF THE CITY COUNCIL AND THE CITY ADMINISTRATOR invest OF THE CITY OF SHAKOPEE, MINNESOTA. It shall be the policy of the City C City of Shakopee that sexual harassment in any form against 1. C employees and/or public patrons of the City of Shakopee shall not be tolerated. Strict enforcement of this policy will be adhered to in order to maintain a workplace environment free of sexual harassment. 2. "SEXUAL HARASSMENT" includes unwelcome sexual advances, requests 3. I for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature C when: The fc ( 1) Submission to that conduct or communication is made a term or condition, either by explicitly or implicitly, of obtaining Prot employment, public accomodations or public services, Unwelc education, or housing; or pit ( 2) Submission to or rejection of that conduct or communication by Offen: an individual is used as factor in decisions affecting that individual' s employment, public accomodations of public Poste: services, education, or housing, or Brush. 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C <w C r• 7c1 T T. 7:1 'i a 'i c+ (D Z' CD c+ (D C K 'i 7.' 7S' C 0 (/) c+ co 0 N '0 PO0 0 a) C C • C a) CD c+ () '1 N CI Pr W O 1 I-- ,+w N N H H 4 O 1 N CO O\ \n N w W v0 0 0 0\ N \n H N Co \0 N t- 1-, V 0 H V1 VI 0 H 1 Q\ 1 'n 00 vi 0 1 w O O Ow Co 0 0 0 O \O 00 Co CO O d\ -4 D\ 1 N 0 0 O O 0 W is MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Committee of the Whole DATE: March 1, 1991 INTRODUCTION: On September 18th, 1990, City Council adopted Resolution No. 3288 establishing a Committee of the Whole. The resolution expires six months from its adoption, March 18th. It would, therefore, be appropriate, at this time, to discuss whether or not the Committee of the Whole concept should be continued or allowed to expire. BACKGROUND: City Council has met as a Committe of the Whole four times since Councilman Sweeney introduced the idea. At each of these meetings, City Council also convened in a regular session. (There are therefore two sets of Minutes for each date - City Council and Committee of the Whole. ) August 15, 1990 January 15, 1991 January 29, 1991 February 11, 1991 Staff would request City Council to discuss the merits of continuing or terminating the concept and direct staff accordingly. ALTERNATIVES: 1] Allow the establishment of the committee of the whole to expire, per resolution number 3288 (Council can continue to hold additional adjourned regular sessions) 2] Extend trial period an additional six months to get a better flavor for the use of the committee of the whole 3] Direct staff to prepare an appropriate resolution to continue the committee of the whole RECOMMENDED ACTION: Discuss whether or not to continue to meet as a committee of the whole and direct staff to take appropriate action. 14,1 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: ADMINISTRATIVE POLICY NO. 23 - SERVICE WYES DATE: FEBRUARY 28, 1991 INTRODUCTION City Council has directed staff to review the current Administrative Policy No. 23, regarding service wyes and separate sewer/water hook-ups for twin homes. BACKGROUND On February 19, 1991 the City Council discussed a proposed building permit and lot split whereby 2 twin homes (4 units total) would be serviced by single sewer and water connections in Roundhouse Circle. The existing sewer and water services were proposed to be "wyed" (or split) at the property line and 4 separate services would be installed from that point to each unit. Therefore, all 4 units would have individual services from the building to the boulevard and then they would all be connected to the existing service in the boulevard. This would eliminate the need to cut into Roundhouse Circle, which is only 4 years old. Staff had informed the applicant that only two units could share a service using a wye, per Administrative Policy No. 23, and that separate services would need to be installed all the way to the center of the street for the second twin home. The applicant agreed to this request, but since the street is less that 5 years old, staff needed to obtain City Council permission to cut into the street (per Administrative Policy No. 148) . The issue before Council on February 19, 1991 was not the number of services required for this development. That decision had already been made by staff in conformance with existing policies and past practice. The only issue before Council was to grant permission for a single cut into a street that was less than 5 years old. A decision which staff supported. After much discussion, the City Council voted unanimously to require the developer to install separate sewer and water services for each unit, all the way to the mains in the street. This action would require 5 new street cuts (1 cut for each of the 4 units and another cut to remove the existing services which are not located in the proper place to serve a building) . In addition, Council required the developer to then repair the street to the City Engineers requirements (overlay or seal coat) . Council then directed staff to revise Administrative Policy No. 23 to support the action taken. / 3I Staff (Public Works Director, Building Official and City Administrator) believes that the action taken by Council on February 19 , 1991 should be reconsidered for three reasons: 1. It was in direct opposition to an existing City policy. Staff feels this could have serious legal implications, if the developer chose to litigate the issue. The correct procedure if the Council disagreed with the policy is to revise it first, before placing additional requirements on developers. 2 . Staff felt that this issue was essentially non-controversial and basically a house cleaning item or "rubber-stamping" of staff' s decision since it was based on existing policies. Therefore, the applicant, while aware this issue needed Council approval, was not informed that it would be controversial and therefore did not have the opportunity to appear before Council to state his position. 3 . Appropriate City staff members were not allowed the opportunity to review and comment on the policy change prior to Council action. Based on the above comments, the City Council may wish to reconsider their action on February 19, 1991, although that is not the primary purpose of this memo. The purpose of this memo is to review Administrative Policy No. 23 and make a recommendation to the Council on whether or not it should be updated, as directed by the Council . (Attached is a memo from the building official which provides additional background information. ) The Building Inspector and City Engineer have reviewed this policy, which allows wyes for twin homes. If there is adequate capacity, which is at least a 1 1/2" water service and a 4" sewer service, the building codes allow wyes as long as each unit has its own individual service from the building to the boulevard. The wye must occur in the boulevard. (See the attached maps which show a typical wye arrangement as well as a standard arrangement with separate services all the way to the street. ) From an engineering and building code viewpoint, wyes are acceptable. The only constraint would be if the service was not large enough, such as a 3/4" water service. Staff feels that Administrative Policy No. 23 is reasonable and recommends leaving it as is. (Although it could probably be re-written for clarification. ) Staff has in fact allowed wyes for all twin homes that have requested it since the policy was adopted in 1981. The utility manager also agrees with this policy and SPUC also allows wyes on the water services for twin homes only. The issue is more of legal and maintenance issue. If a twin home is on a single, shared service from the boulevard to the street, each property owner is responsible for their services all the way to the mains. Typically, the service maintenance issue could be covered by the standard party wall agreements for twin homes /3 although the City normally does not receive a copy of those agreements. The joint ownership of the services could still become an area for future disputes that the City may be drawn into, but the risk is quite low and does not offset the advantages of not cutting the street open for the second service. To further expand on the issue, if wyes are allowed for twin home (two units) , should they be allowed for additional units, such as 4 units? 8 units? 16 units? Unless it is a multi-unit condominium type complex with a homeowners association, staff generally recommends against allowing wyed services for multi-unit developments. If there are more than 2 units, there may be capacity restrictions in the service unless the services were designed for multiple units. Even if the capacity is available, the legal issues and maintenance responsibilities become more and more compounded as the number of units increase. While it is true that attorneys can probably solve these concerns via agreements, the likelihood that the City will be drawn into future disputes increases with multiple units, agreements or not. There are certain extenuating circumstances affecting the property on Roundhouse Circle which the City Council should consider. This property was the subject of a recent rezoning action (rezoned from R-4 to R-3) . The rezoning resulted in the reduction in both yard setbacks and dwelling unit density. It is possible for the Building Inspector to conduct a friction loss test and determine whether the existing facility is adequate for four dwelling units, or whether there are other acceptable alternatives which will result in adequate water and sewer service without making five additional street cuts. The Building Official and City Engineer generally recommend against allowing more than 2 units on a shared service. The City Attorney may also wish to comment on this issue at the City Council meeting. ALTERNATIVES 1. Revise Administrative Policy No. 23 to prohibit wyes for twin homes. 2 . Do nothing, thereby keeping Administrative Policy No. 23 in effect. 3 . Direct staff to re-write Administrative Policy No. 23 to clarify it. RECOMMENDATION Staff recommends Alternative No. 3 . While staff approves of the concept of wyes, staff feels that the policy could be re-written to clarify it. / 3h ACTION REQUESTED 1. Move to allow Administrative Policy No. 23 to remain in effect and direct staff to re-write the policy for clarification. 2 . Consider rescinding the action of February 19, 1991 and allow the staff to recommend a means of providing adequate water/ sewer service without making five street cuts for the subject property. DEH/bp wyes (3/? wD1INISTRATIVE POLICY No. 23 Subject : Wyes - A Request from Bill Chard , Developer of Eastview, to Attach Wyes to the In Place Sanitary Sewers Date Adopted : March 13, 1981 Source of Authority: Administrator MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Request from Bill Chard Developer of Eastview to Attach "Wyes" to the In Place Sanitary Sewers DATE : March 13 , 1981 Introduction The City has received the attached letter from Bill Chard regarding the above request . Mr. Chard is making this request because he wishes to build twin homes which would require cutting the street for the additional sewer line under our "current practice" of requiring an individual line for each home . Background Current City practice is to require , as noted above , individual connections . We have required new duplexes , twin homes or double bungalows to put in individual sewer laterals in nearly all cases (The Building Inspector says we allowed "wyes" for Dick Wiggin' s town houses on Polk Street. ) Council should consider the following in reviewing Mr. Chard ' s request : 1 . It would save the developer the expense of cutting the street for the additional lateral. 2 . It would require joint ownership and maintenance responsibility for the lateral from the "wye" to the main. 3 . The joint ownership , even when noted in the deed , could become another area for a dispute between owners that the City will be drawn into . 4 . The Public Works Director does not believe that we would have additional maintenance problems , but that the developer should be required to put in a clean-out at the "wye" to eliminate some of the potential problems mentioned in #3 above . 5 . Our Building Inspector and Ray Southworth of FHA indicate that the practice is permitted as long as the jointly owned line is in the City Boulevard . 6 . Coon Rapids and Bloomington both permit "wyes" (only Metro cities checked) for existing streets but encourage the indivi- dual lateral whenever they know there will be twin home con- struction . • Request from Bill Chard Page Two March 13 , 1981 • 7 . Ray Southworth of FHA recommends , and Mr. Chard has concurred , that the party wall agreement should include a phrase regarding the joint ownership and maintenance of the lateral from the "wye" to the main. Alternatives 1 . Continue with the current policy. 2 . Permit "wyes" . 3 . Permit "wyes" only when the street is already in place . Recommendation It is staff ' s recommendation that alternative 03 be approved . l JKA/jms J • /, CITY OF SHAKOPEE :�•Qc -q. _/a/Ir : East venue, Shako 129 First A � pee. Minnesota 55379 /3 MEMO 0G3\ 4,41 TO: John K. Anderson, City AdministratoT /- 1 FROM: LeRoy Houser SUBJECT: "WyPs" i ^ 7-.*` DATE: March 19 . 1981 Our discussion regarding "wyes" was addressing sewer lines only. Should they expect to "wye" off of the 3/4" water line stubbed into the property my approval will not be forth comming. The problems presented by wyeing the 3/4" water line is as follows : 1 . Reduced pressure to both units at peak use time within the units . (unregulated shower and bath water should both units be bathing at same time, or one unit bathing and the other watering lawns etc . ) ) 2. Should one unit contaminate its water supply by direct connections , both units have contaminated water supply systems . The question you are going to pose is; the same principle applys to contamination of apartment units. My answer is this is correct ; However, apartment tenr.ents do not own their units in "fee simple" which 1:gally provides protection against encroachment of services delivered by the City . I have told you before , there is not a code against what is pro— posed and you have permitted, and there is not a code saying they cannot "wye" off the water line. However, it is my opinion and recommendation that if this is permitted then we must adopt a policy requiring a double check vacuum breaker, commonly known as a backflow preventer on the main supply line before the meter. . LFH:plk ADMINISTRATIVE POLICY NO. 148 / 31? Subject: A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street. Date Adopted: October 21, 1986 Source of Authority: City Council RESOLUTION NO. 2641 A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street WHEREAS, it is in the best interest of the City of Shakopee to maintain the condition and preserve the investment in public works facilities and ; WHEREAS, it is desired to control work within the right-of- way of recently constructed streets by special conditions of approval . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : Work within the right-of-way of a street within a five year period after street surfacing construction will be controlled as follows : 1 . Emergency repairs to existing utilities are allowed by a street cut permit as governed by Section 7 . 07 of the City Code . 2. Installation of new utilities will only be allowed upon approval of the City Council with special conditions to the permit. Adopted in 4-r ^ session of �tne City Council pf the City of Shakopee, MihnesQ`ca, held this rr ,'-1 day of f51/1 .././1/ , , 19 k -1/4 7/7 Mayor or the City of-Shakopee ATTEST : /3 LOT SPLIT LINE � DUPLEX/TWIN HOME w Z I z_ I- -J 0 O J I . J WATER SERVICE CURB STOP • - SEWER SERVICE ROW ...................:.::::::::::::::::::gt>-:::::.:*::* :::.: :::::::'.::::.:: "::::::::::.:4i.::::::::::':':*:-:::::: :::::::.**i.:::::i]:: : ::•••••:::::::: ::::::::::„::.:.:.:. CURB S E :...7 „ :::::: .:. .:1, . ....... :.:..... ........::..:....:::... -:: :::::..:::: .. „: .:.: :::.:;::.:::l.i..::i..: 1. .........: ......... 1111il11illi.iiii CURB uu ROW TYPICAL WYE ARRANGEMENT /3h LOT SPLIT LINE I \� DUPLEX/TWIN HOME LU / LU -.J Z H J J 0O l WATER SERVICE CURB STOP • - SEWER SERVICE ROW , CURB ........... ...................................... . :.:::.:::::.::. : : :. :.:.: . . ... .....:.... CURB ROW STANDARD ARRANGEMENT //3 ), Memo To: Administrator From: Building Official Subject: Engineers Memo-Wyed Services. Date: 3/1/91 INTRODUCTION I have read the Engineers memo very carefully and agree with most of what he has said. The key issue as to whether or not to permit wyes relates directly to sewer line capacity, water pressure and volume. A few of the Council members will remember, the four unit town houses near the mall were permitted to wye both the sewer and water for each of the units. However, both the sewer and water were of sufficient size to allow this. There has been no problems to date with the 1. 5" water line and the four inch sewer line serving four units in this complex. However, the line distance was less then forty feet and the friction loss did not negatively affect the units. In all cases this might not be true, it depends on the length of the water service lines. I think the mechanics of the sewer and water issue would be best left to staff. They are the people that are responsible for the integrity of these systems and are the people most knowledgeable in these areas. As some of the Council will remember, in the early 80 ' s I developed an administrative policy addressing the issue of shared services. The Council adopted it and it has been successfully used to date. The main concerns I had regarding shared services were that it was important that these services were installed far enough away from the center property line that if repair was needed on one service it would not cave in the drive way of the adjacent property owner when it was worked on. I pretty well have this issued covered by requiring overlapping maintence easements and repair agreements that are recorded similar to the party wall agreements. RECOMMENDATION I would recommend no tampering with the policy in place for handling shared services, let staff continue enforcing the policy in place. l� «) 4- b MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 5th Avenue/Market Street, Project No. 1989-4 Bluff Avenue, Project No. 1990-7 DATE: February 22, 1990 INTRODUCTION: Attached is Resolution No. 3370 and Resolution No. 3371 which authorizes staff to advertise for bids for the 5th Avenue/Market Street Project and also for the Bluff Avenue Project. BACKGROUND: On October 16, 1990, the City Council of Shakopee ordered the preparation of plans and specifications for the 5th Avenue/Market Street Project by Resolution No. 3283 . This project consists of constructing 5th Avenue from Spencer Street to Market Street, upgrading Market Street between 4th Avenue and 7th Avenue and Main Street from 6th Avenue to 5th Avenue to City and State Aid Standards. It would also involve the installation of sewer and water utilities in Market Street. On April 3, 1990, the City Council of Shakopee also ordered the preparation of plans and specifications for the Bluff Avenue Project by Resolution 3215. This project consists of constructing Bluff Avenue between Naumkeag Street and Marschall Road. The plans and specifications for both projects are now completed and the projects are ready for bids. Staff is proposing to bid the Bluff Avenue Project along with the 5th Avenue Project in order to obtain the best possible bid prices for Bluff Avenue, which is a relatively small project to be bidding on its own. Attached is Resolution No. 's 3370 and 3371 which authorizes the advertisement for bids for these projects. The proposed bid opening would be April 9, 1991. A copy of the plans and specifications for these projects will be available at the Council meeting for review and comment or they can be inspected ahead of time in the Engineering Department. Both projects were designed in conformance with the recommendations of the feasibility reports and as directed by the City Council, with one exception. The only exception to the proposed projects is the Market Street portion of the 5th Avenue Project. Market Street is on the Municipal State Aid System. The City Council at the public hearing ordering the project directed staff to upgrade the street to Municipal State Aid Standards using State Aid Funds. This portion if -' of Market Street included in the project is located between 4th Avenue and 7th Avenue. The State Aid Design Standards for this type of project requires sidewalks to be installed on one side of the street. The project has been designed to accommodate sidewalks on the east side of Market Street. State Aid Funds would be available to pay for this proposed sidewalk. Based on recent Council action regarding the installation of new sidewalks on other street projects, the Council may wish to request that Mn/DOT State Aid Office delete this item from the project. Mn/DOT may or may not agree with the request. Based on the collector status of Market Street, the presence of Hiawatha Park on this section of the street, the residential neighborhood and the locations of sidewalk on 4th Avenue, staff recommends including sidewalks on this portion of Market Street to be funded out of the State Aid Funds and not assessed. Since the City Council has directed staff to prepare a Comprehensive Sidewalk Plan for the City of Shakopee and the Comprehensive Sidewalk Plan has not yet been prepared, the City Council may wish to delete the sidewalks from the project until such time that that plan is prepared. The preliminary indications of the Comprehensive Sidewalk Plan and the recommendation of the Comp Plan that collector streets be considered for sidewalk installation would indicate that the sidewalks may very well be desired on Market Street. Other than that change to the scope of the project, all other design criteria and improvements are as recommended in the feasibility reports. ALTERNATIVES: 1. Adopt Resolution No. 3370 and Resolution No. 3371 authorizing staff to advertise for bids for this project. 2 . Deny Resolution No. 3370 and Resolution No. 3371. 3 . Table Resolution No. 3370 and Resolution No. 3371. RECOMMENDATION: Staff recommends Alternative No. 1. The reason there are two separate resolutions is that each project has been previously ordered separately by resolutions and in order to keep the City records consistent and to insure compliance with the State law on special assessment projects, staff feels that it would be better to adopt a separate resolution for each project even though they will be bid jointly and constructed by the same contractor. Staff will be keeping all project costs separate for each project due to the funding by special assessments. ACTION REQUESTED: 1 . Offer Resolution No. 3370, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 5th Avenue Between Spencer Street and Market Street, Market Street Between 4th Avenue and 7th Avenue and Main Street from 6th Avenue to 5th Avenue, Project No. 1989-4 and move its adoption. 2 . Offer Resolution No. 3371, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Bluff Avenue, Between Marschall Road and Naumkeag Street, Project No. 1990-7 and move its adoption. DH/pmp MEM3370 441 RESOLUTION NO. 3370 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For 5th Avenue Between Spencer Street And Market Street, Market Street Between 4th Avenue And 7th Avenue And Main Street From 6th Avenue To 5th Avenue Project No. 1989-4 WHEREAS, pursuant to Resolution No. 3283 adopted by City Council on October 16 , 1990, David Hutton, Public Works Director has prepared plans and specifications for the improvement of 5th Avenue between Spencer Street and Market Street, Market Street between 4th Avenue and 7th Avenue, and Main Street from 6th Avenue to 5th Avenue by pavement, sanitary sewer, watermain, storm sewer and curb & gutter and has presented such plans and specifications to the Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on April 9 , 1991, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7 : 00 P.M. , or thereafter on April 16, 1991, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 11a14O RESOLUTION NO. 3371 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Bluff Avenue, Between Marschall Road and Naumkeag Street Project No. 1990-7 WHEREAS, pursuant to Resolution No. 3215 adopted by City Council on April 3 , 1990, David Hutton, Public Works Director has prepared plans and specifications for the improvement of Bluff Avenue, between Marschall Road and Naumkeag Street by pavement, storm sewer and curb & gutter and has presented such plans and specifications to the Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on April 9, 1991, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7 : 00 P.M. , or thereafter on April 16, 1991, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1O1\JSENT Pic MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR -k>kpi// SUBJECT: COMPREHENSIVE STORMWATER MANAGEMENT PLANS DATE: FEBRUARY 26, 1991 INTRODUCTION Attached is Resolution No. 3372, which adopts the Stormwater Management Plans for the Mill Pond Watershed and the Blue Lake Watershed. BACKGROUND On February 19, 1991 the City Council discussed the Stormwater Management Plans for the Mill Pond Watershed and Blue Lake Watershed. Please refer to staff's February 14, 1991 memo for additional background information on this subject. The City Council approved of the Stormwater Management Plans and directed staff to prepare the appropriate Resolution to adopt these plans. Attached is Resolution No. 3372, which adopts these plans for Council consideration. ALTERNATIVES 1. Adopt Resolution No. 3372 . 2 . Deny Resolution No. 3372 . RECOMMENDATION Staff recommends Alternative No. 1. The City Council has already reviewed and approved of these Stormwater Management Plans and directed staff to adopt them by Resolution No. 3372 . ACTION REQUESTED Offer Resolution No. 3372, a Resolution adopting the Comprehensive Management Plans for the Mill Pond Watershed and the Blue Lake Watershed and move its adoption. RESOLUTION NO. 3372 A Resolution Adopting The Comphrehensive Stormwater Management Plans For The Mill Pond Watershed And The Blue Lake Watershed Located In The City Of Shakopee WHEREAS, the City Council of Shakopee desires to preserve and enhance the water quality of the Minnesota River and associated lakes, wetlands and other natural resources located within the City of Shakopee; and WHEREAS, the design of the Upper Valley Drainageway and the Shakopee Bypass necessitated the need to prepare Comprehensive Stormwater Management Plans for the Mill Pond Watershed and the Blue Lake Watershed; and WHEREAS, the City ' s consultant, Orr-Schelen-Mayeron and Associates has prepared the attached Stormwater Management Plans for the respective watersheds; and WHEREAS, the Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and Scott County Board of Water and Soil Resources have received and reviewed these Stormwater Management Plans; and WHEREAS, the Shakopee Planning Commission recommends the approval of these plans; and WHEREAS, these plans were submitted to the City Council and discussed on February 19 , 1991. NOW THEREFORE, BE IT RESOLVED That the City Council of the City of Shakopee, Minnesota hereby adopts the Comprehensive Stormwater Management Plans for the Mill Pond Watershed and the Blue Lake Watershed, a copy of which are attached to the Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 . City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Comprehensive Stormwater Management Plans DATE: February 14, 1991 INTRODUCTION: Staff is requesting City Council review and approval of two Comprehensive Stormwater Management Plans, namely the Millpond Watershed and the Blue Lake Watershed. BACKGROUND: In conjunction with the Upper Valley Drainage Project, the City of Shakopee developed a Comprehensive Stormwater Management Plan for the Millpond Watershed. As part of this project, the City of Shakopee was required to obtain permits from the Minnesota Department of Natural Resources (DNR) and Minnesota Pollution Control Agency (MPCA) to discharge storwmater into the Minnesota River at the Millpond. As a condition of these permits, a Comprehensive Stormwater Management Plan addressing water quality and water quantity was required by these agencies. The Stormwater Management Plan for the Millpond Basin was also necessary for Mn/DOT to complete the design of the drainage facilities for the Shakopee Bypass. The Millpond Stormwater Management Plan was prepared in May, 1989 and a draft copy of the plan submitted to the City Council shortly thereafter. The final plan has not been adopted by the City Council. The City of Shakopee has also been preparing a second Comprehensive Stormwater Management Plan namely the Blue Lake Watershed. The impetus for preparing this plan was also to enable Mn/DOT to adequately design their drainage facilities for the Shakopee Bypass. The Blue Lake Plan was completed in November, 1990 . One of the reasons that staff has not obtained the City Council approval for the Millpond Stormwater Management Plan was to enable the Blue Lake Stormwater Management Plan to be completed so that the City Council could review and approve both of those. Both the Millpond Stormwater Management Plan and the Blue Lake Stormwater Management Plan uses the exact identical criteria and assumptions. The main points of the plan can be summarized as follows: 1. For rate control, a minimum of 275 acre feet of ponding will be provided within the drainage basins. The majority of the ponding will be located in existing low / C/ wetland type areas. The ponds would be constructed as development occurs. 2 . The peak discharge rate of each pond would be set at 1/3 cubic feet per second per acre. 3 . In regards to stormwater quality, the National Urban Runoff Program (NURP) established by Dr. Walker was utilized. The NURP criteria for stormwater quality are nationally recognized and include the following items: • 1% of the drainage area should be set aside for storage. • The invert elevation of the discharge pipe shall be 3 feet above the bottom of the pond to allow for standing water to reduce sedimentation during retention times. 4 . The plan encourages the City to enforce construction erosion control measures, prudent fertilizer use, soil conservation and an adequate street sweeping program to prevent non-point pollutants from being carried to the Minnesota River. 5 . The Jackson Township Stormwater Plan was incorporated and assumed since the majority of the Millpond drainage area is outside the City of Shakopee limits. Some assumptions had to be made as far as to how much water would be entering Shakopee from Jackson Township. The Metropolitan Council and MPCA are increasing their efforts to address the quality of the water in the Minnesota River by setting a goal to reduce non-point pollutants by 40% . These two stormwater management plans were developed to address this very issue and have been reviewed and approved by these MPCA agencies. The State of Minnesota also created water management organizations (WMO) for each watershed in the State by the Metropolitan Surface and Groundwater Management Act of 1982 . This law allowed each WMO tc prepare individual stormwater management plans (called 509 Plans) for their watersheds. In the City of Shakopee there are four separate WMO ' s, the Shakopee Basin WMO, the Spring Lake-Prior Lake WMO, the Sand Creek WMO and the Lower Minnesota Watershed District. None of these organizations have an approved 509 Plan in place yet, but all of the WMO' s have submitted their draft plans to the numerous review agencies for comments and approval. By State law, though, it could conceivably take up to two years to go through the review and approval process of these 509 Plans. Once the 509 Plans are adopted by the WMO ' s, the Cities located within those WMO ' s can adopt them or adopt some other stormwater management plan. Based on the draft 509 Plans, of which staff has reviewed all of them, it appears that these proposed Millpond and / 91e - Blue vBlue Lake Stormwater Plans will meet or exceed the criteria in the 509 Plans for the various WMO ' s. Therefore the City will be able to adopt the 509 Plans and not effect these two stormwater . management plans. Because of the timing of the Upper Valley Drainage Project and the need to finish the design for the Shakopee Bypass, it was necessary to prepare our stormwater management plans ahead of the 509 Plans. Attached are completed copies of the stormwater management plans for the Millpond Watershed and the Blue Lake Watershed. The Planning Commission has reviewed these and are recommending to the City Council that they be approved and adopted. These stormwater management plans will be also be in conformance with the recommended surface water section of the draft comprehensive plan which the City Council has recently reviewed for adoption. ALTERNATIVES: 1. Adopt both the Millpond Watershed and the Blue Lake Watershed Stormwater Management Plans. 2 . Adopt only one or the other of the plans. 3 . Do not adopt either plan and request additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct staff to prepare the appropriate resolution or ordinance adopting the Stormwater Management Plans for the Blue Lake Watershed and the Millpond Watershed. DH/pmp TOI\JSENT EXPLANATION TO ORDINANCE 309 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt the 1988 Building Code. REMARKS : Periodically the state amends the building code. The 1988 Building Code is the most recent one adopted by the State. This ordinance simply brings us into compliance with state law. Since Section 4 . 01 of the City Code actually deals with three unrelated topics, the other two items (plumbing code and dangerous buildings code) were removed and given their own section. Neither of these two items were changed. ACTION REQUESTED: Offer Ordinance No. 309 and its summary, an ordinance amending Chapter 4 , Construction Licensing, Permits and Regulations, of the City Code, by repealing Section 4 . 01, Building Code Adopted, and adopting three new sections in lieu thereof relating to the same subject, and move their adoption. Submitted by: Approved by: City Atto ney/ City Administrator [4 . 01] ORDINANCE NO. 309 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 4 , CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, OF THE CITY CODE, BY REPEALING SECTION 4 . 01, BUILDING CODE ADOPTED, AND ADOPTING THREE NEW SECTIONS IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Chapter 4 , Construction Licensing, Permits and Regulations of the City Code, Section 4 . 01, Building Code Adopted, is hereby repealed in its entirety, and three new sections adopted in lieu thereof, which shall read as follows: SECTION 4. 01. BUILDING CODE. Subdivision 1. The Minnesota State Building Code, established pursuant to Minn. Stat. 16B. 59 to 16B. 73 , one copy of which is on file in the office of the City Clerk, is hereby adopted as the building code for the City of Shakopee. Such code is hereby incorporated in this ordinance as completely as if set out in full . In particular, the City hereby adopts the following chapters of the Code: A. Chapter 1300 - Code Administration B. Chapter 1301 - Certification and Continuing Education of Building Officials C. Chapter 1302 - Building Construction and State Agency Construction Rules D. Chapter 1305 - Adoption of the 1988 Uniform Building Code by Reference E. Chapter 1305. 0150 Subpart 2 - UBC Appendix Chapters 1 and 70 F. Chapter 1305. 6905 - Special Fire Suppression Systems, Group B-2 , 5000 or more gross square feet of area G. Chapter 1310 - Building Security H. Chapter 1315 - Electrical Code I. Chapter 1325 - Solar Energy Systems J. Chapter 1330 - Technical Requirements for Fallout Shelters K. Chapter 1335 - Floodproofing Regulations L. Chapter 1340 - Facilities for the Handicapped M. Chapter 1346 - Minnesota Uniform Mechanical Code 1990 Edition N. Chapter 1350 - Manufactured Home Rules O. Chapter 1355 - Plumbing Code--Administrative Rule 4715 P. Chapter 1360 - Prefabricated Structures Q. Chapter 1365 - Variation of Snow Loads R. Chapter 1370 - Model Energy Code--Administrative Rule 7670 S . UBC Appendix Chapter 35 - Sound Transmission Control ot -2- Subd. 2 . Organization and Enforcement. The organization of the Building Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform Building Code 1988 Edition. The Code shall be enforced within the incorporated limits of the City of Shakopee, and extraterritorial limits permitted by Minnesota Statutes, 1984 . Subd. 3 . A. Permits, Inspections and Fees. Permits, inspections, and collection of fees shall be as provided in Chapter 3 of the Uniform Building Code, 1988 Edition except as amended by Rule 1305 . 0800. B. Surcharge. In addition to the permit fee required by item A above, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B. 70 . SECTION 4.26. PLUMBING CODE. The following portions of the Minnesota Plumbing Code, one copy of which is on file in the office of the City Clerk, are hereby adopted by reference as though set forth verbatim herein: Appendix C - Guide for Sizing the Water Supply System Appendix D - Sizing the Building Water Supply System. SECTION 4.27. DANGEROUS BUILDINGS. The 1976 Uniform Code for Abatement of Dangerous Buildings is hereby adopted by reference as though set forth verbatim herein. One copy of this Code is on file in the office of the City Clerk. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 4 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After 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 day following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee t/C4L -3- Attest: City Clerk Approved as to form: � /1717 City Attorney Published in the Shakopee Valley News this day of , 1991. [4. 01] J d ORDINANCE NO. 309 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 4 , CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, OF THE CITY CODE, BY REPEALING SECTION 4 . 01, BUILDING CODE ADOPTED, AND ADOPTING THREE NEW SECTIONS IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: The following is the summary of Ordinance No. 309 , Fourth Series, approved by the City Council of the City of Shakopee on the day of March, 1991. The City Council determines that the summary clearly informs the public of the intent and effect of the Ordinance. A copy of the Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk in the Shakopee City Hall and in the Public Library. SUMMARY The City Council of the City of Shakopee by the above Ordinance No. 309, Fourth Series, made the following changes in the Shakopee City Code, Chapter 4 , Construction Licensing, Permits and Regulations, Section 4 . 01, Building Code Adopted, which ordinance takes effect upon the passage and publication of this official Summary. 1. The City officially adopted the 1988 Minnesota State Building Code, replacing the 1985 Uniform Building Code. 2 . Those parts of Section 4 . 01 which related to subjects other than the Building Code were renumbered to Sections 4 . 26 and 4 . 27, but their substance was not changed. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1991. [4 . 01] .4ISa . RESOLUTION NO. 3374 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IN SUPPORT OF APPOINTING A SCOTT OR CARVER COUNTY RESIDENT TO THE METROPOLITAN COUNCIL DISTRICT 14 POSITION. WHEREAS, Governor Arne Carlson will be making an appointment to Metropolitan Council District 14 seat in the near future, and; WHEREAS, a Scott or Carver County citizen has been representing Metropolitan Council District 14 for the past 12 years, and; WHEREAS, certain parts of Dakota County are within Metropolitan Council District 14 , and; WHEREAS, the majority of Dakota County is represented in other Metropolitan Council Districts, with two current representatives, and; WHEREAS, it is important to maintain geographic balance in representation in the Metropolitan Council, and; WHEREAS, if Metropolitan Council District 14 seat is represented by someone other than a Scott or Carver County citizen, these would be the only two counties not officially represented on the Metropolitan Council, and; WHEREAS, in recognition of Scott and Carver Counties growth, we now have a joint population in excess of 100, 000, and; WHEREAS, maintaining Metropolitan Council representation in these two counties is important for relevant representative regional planning purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That we request Governor Arne Carlson to appoint someone from Scott or Carver County to the Metropolitan Council District 14 position. BE IT FURTHER RESOLVED, that this Resolution be forwarded to Senator Terry Johnston, Representative Becky Kelso, and the Scott County Board of Commissioners . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: / _! _Ad( City Attorney [91. 12B] -2- 15b. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: County Road (C.S.A.H. ) 17 Improvement Project DATE: March 5, 1991 INTRODUCTION: Last month Scott County submitted a cooperative agreement for execution regarding the County Road 17 Project. The City Council did not take any action on the request at that time pending a discussion between the City and County Engineers and the City and County Administrators. BACKGROUND: The attached memo dated January 2 , 1991 from the Public Works Director provides extensive background on the nature of the project. The action taken by the City Council on January 8th was to table action on this subject until the appropriate aforementioned City and County officials had an opportunity to discuss the request. I have had an opportunity to discuss the matter on three different occasions with the County Administrator. I have concluded that the request the County made is consistent with the provisions of an existing agreement between Scott County and several local governmental entities including the City of Shakopee. Therefore I am recommending that the City Council enter into this cooperative agreement because it is consistent with the Scott County policy adopted in 1986. The County Administrator and I have agreed that it is appropriate at this time to review the policy of 1986 and to possibly formulate a new policy if the changes which have occurred during the past five years merit such action. Because of significant changes in the funding of transportation projects and the financial condition of all local governmental entities in the State I believe it' s likely that the policy will be amended, however that will not occur until after all affected local governmental jurisdictions have had an opportunity to discuss and review this matter. The construction season is fast approaching and it is desirable that the agreement be signed by the City Council at this time. ALTERNATIVES: 1. Execute the Cooperative Agreement between Scott County and the City of Shakopee. 2 . Direct that the Cooperative Agreement not be entered into. .11 STAFF RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to direct the appropriate City officials to enter into a Cooperative Agreement with Scott County to provide for improvements of County Road (C.S.A.H. ) 17 in the amount of $26, 912 . 00. c: Dave Hutton, Public Works Director CONsENiIt7/1 MEMO TO: Dennis Kraft, City Administrator lJ FROM: Dave Hutton, Public Works Director SUBJECT: County Road 17 - Cooperative Agreement DATE: January 2 , 1991 INTRODUCTION: Scott County has submitted a Cooperative Agreement to City staff for execution regarding the County Road 17 Project. BACKGROUND: Scott County will be reconstructing County State Aid Highway (C.S .A.H. ) 17 in 1991 from County Road 42 south to C.S.A.H. 12 . A portion of that highway is within the City Limits of Shakopee, namely that portion from County Road 42 to County Road 72 . The project consists of reconstructing the existing pavement and adding 8 foot wide bituminous shoulders, along with the associated grading and drainage work. At several isolated areas, the County has designed curb and gutter sections with associated storm sewers, rather than the drainage ditch sections utilized for the majority of the project. These areas are mainly along existing homes where it appears the County is trying to save trees, avoid large slope easements due to the topography, avoid utility pole relocations and in one case reduce the impact on an existing home built relatively close to the existing highway. In 1986, the County adopted a policy for cost participation with Cities and other agencies. Attachment No. 1 is a copy of the entire policy. In that policy on Page 3 and 4, it states that the County will pay for 50% of storm sewer costs and 50% of curb & gutter costs. The City will pay the remaining costs. The County has now submitted a Cooperative Agreement for consideration by the City Council of Shakopee to cover the City's 50% share of the curb & gutter and storm sewers associated with this project. Attachment 2 is a copy of the entire Cooperative Agreement. On the very last page of this agreement, the City of Shakopee's portion of this project has been calculated at $26,912 . 00 including engineering costs. The total estimated construction costs for this project are $2 , 425, 655. 00. It should also be noted that the City of Prior Lake' s share of this project is estimated at $4,433 . 15. The County is now requesting that the City of Shakopee agree to this amount by executing the attached Cooperative Agreement. 1—, -19 Staff recommends against executing this agreement at this time, for the following reasons: Staff believes the intent of the original Scott County Policy adopted in 1986, was to cover additional items that the City would be requesting on County projects, such as sidewalks, storm sewer or curb & gutter. Typically, a County Highway would be constructed to urban standards (curb & gutter) within the urban portion of Cities and rural standards (ditches) elsewhere in the County. If the County were improving CSAH 17 immediately south of urban Shakopee (from Junior High School south) it would seem appropriate to construct an urban section and the City should then pay its portion. But the proposed project is not adjacent to urban Shakopee, but rather is located in the extreme south end of the City, from C.R. 42 south to the southern City Limits. There is no need to construct an urban section in these areas, as far as the City is concerned. In addition, the project does not consist of a full urban section, but rather just isolated areas along the highway. The reasons for utilizing the curb and gutter in these areas is mainly to reduce the County's easement costs to construct ditches. The area proposed for curb and gutter do not even consist of a standard urban cross section, but rather utilizes a rural cross section modified by adding curb and gutter to it. Based on these facts, staff does not feel that the City should agree to contribute $26, 000. 00 towards this project. Staff does not dispute the design decision to utilize curb and gutter in these areas. It may very well be the best alternative at these areas based on topography, trees, homes, etc. But, the curb and gutter areas were not requested by the City of Shakopee, does not conform to urban cross section standards and was mainly utilized to save on easement costs to the County. Therefore, staff feels that the County should bear the costs completely. Staff has passed on these comments to the County Highway Engineer, but he has simply responded that the County policy requires the City to pay these costs, regardless of whether or not the City requested the improvements. Without changing the policy, the County Engineer feels it should be strictly enforced. In researching the history that created this policy in 1986, a Task Force consisting of 2 City Administrators (not Shakopee) , 2 Township Board Members and the County Highway Engineer was formed to create this policy. It does not appear to staff that the Cities or townships were represented on this task force well, in regards to engineering/technical expertise. �sB ALTERNATIVES: 1. Table action on the County Road 17 Cooperative Agreement and direct the appropriate City officials to meet with County officials to examine the Scott County Policy adopted in 1986 and explore alternatives which would clarify the City's financial participation on County Projects in non-urban areas. 2 . Execute the Cooperative Agreement. 3 . Deny the request. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to table action on the County Road 17 Cooperative Agreement and direct the appropriate City officials to meet with County officials to examine the Scott County Policy adopted in 1986 and explore alternatives which would clarify the City's financial participation on County Projects in non-urban areas. DH/pmp COUNTY 'x 15 c . MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator-5afT2__ SUBJECT: Release of Temporary Easement DATE: March 5, 1991 BACKGROUND: A temporary easement was obtained in the early 1980 's on property now occupied by the Country Village Apartment complex. This easement had no expiration date and is now becoming a problem for the owner in his effort to refinance the property. The City no longer needs this easement. RECOMMENDATION: Release the easement using the attached form provided by the owners attorney. ACTION REQUESTED: Authorize and direct the appropriate City officials to execute a release of a temporary easement designated as V.I.P. 17-T as set forth in the Final Certificate identified as Doc. No. 185026, upon the delivery or recording of a permanent easement identifying the location of the interceptor within the Country Village Apartment property. RELEASE OF TEMPORARY EASEMENT In consideration of One Dollar and other good and valuable consideration, the City of Shakopee, a Minnesota municipal corporation, hereby forever releases and relinquishes that certain temporary easement for construction purposes designated V. I .P. 17-T set forth in the Final Certificate dated December 23 , 1981 and filed with the County Recorder for Scott County, Minnesota on December 28 , 1981 as Doc . No . 185026 , and further certifies hereby that said temporary easement is no longer in use and has expired. IN WITNESS WHEREOF, the City of Shakopee has executed this release as of this day of March, 1991 . CITY OF SHAKOPEE By Its Mayor and Its City Administrator and Its City Clerk STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of March, 1991, by Gary L. Laurent , Dennis R. Kraft and Judith S . Cox, the Mayor, City Administrator, and City Clerk, respectively, of City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the corporation. Notary Public This Instrument Drafted By: N. Walter Graff BEST & FLANAGAN 3500 IDS Center Minneapolis, MN 55402 (612) 339-7121 9 8 3 Sm