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HomeMy WebLinkAbout12/15/1992 TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. Approval of Agenda 2] Recess for Special H.R.A. Meeting Re-convene 3 ] Liaison Reports from Councilmembers 4] Mayor' s Report 5) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *7] Approval of Minutes of November 10th and 17th, 1992 . 8] Communications: 9] Public Hearings: a] 7 : 00 P.M. Public Hearing on Vacating Part of the Alley In Block 42 , West of Pierce Between 3rd and 4th, Resolution No. 3716 b] 7 : 00 P.M. Public Hearing on Vacating A Portion of the Utility Easement Within Vacated Clay Street Between 3rd and 4th, Resolution No. 3717 10] Boards and Commissions: Planning Commission: a] Final PUD for Milwaukee Manor - Res. No. 3718 b] West End Addition 11] Reports from Staff: *a] Non-Intoxicating Malt Liquor License (3 . 2 Beer) - Sene' s Inc. dba Imperial Wok Chinese Restaurant, 237 East 1st *b] 1993 Electrical Contract *c] Mobile Radio Replacement *d] Request for Deferment of Special Assessments TENTATIVE AGENDA December 15, 1992 Page -2- *e] City Towing Contract *f] Bids for Mid-size Squad Car *g] 1993 Workers Compensation Insurance Renewal *h] 1993 Staff Increases i] County Road 78 Project *j ] Wetlands Act of 1991 *k] Approve Bills in the Amount of $1, 572 , 129 . 55 1] Downtown Parking Lot *m] Mechanical Services Agreement - City Hall *n] Ambulance Contract - Tabled 12/1 *o] FMG Tax Increment Reimbursement p] Disposition of SCR Assets *q] Hiring of Outside Counsel 12] Resolutions and Ordinances: *a] Res. No. 3715 - Adopting 1993 Fee Schedule *b] Res. No. 3726 - Amending 1992 Budget c] Ord. No. 349 - Extending the Lodging Tax for An Addition Three Years (tabled 12/1) *d] Ord. No. 351 - Exending the moratorium on the land South of the High School e] Res. No. 3721 - Ordering Report on Spencer between 1st & 9th and 8th Avenue between Atw000d & Spencer f] Res. No. 3722 - Ordering Report on Fillmore, 3rd to 4th; Naumkeag, 2nd to 4th and Atwood, 4th to 5th. g] Res. No. 3723 - Ordering Report on 4th Ave, Fillmore to Naumkeag *h] Res. No. 3724 - Accepting Work on Pavement Pres. Cracksealing, Project 1992-8 *iJ Res. No. 3725 - Accepting Work on Pavement Pres. Overlay, Project 1990-10B *j ] Ord. No. 352 - New Licensing for Tattooing Establishments 13] Other Business: a] Year End City Hall Project Budget Update (on table) b] TIF Payment to I . S. D. 720 (on table) c] 14] Adjourn Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: December 11, 1992 1. Attached is the Swimming Pool Evaluation which was completed by Virg Lukin & Associates. The report is very comprehensive in nature and in my opinion was well done. The Park & Recreation Advisory Board will be meeting on December 14, 1992 to hear a formal presentation by Mr. Lukin in regard to the Municipal Pool. The Park & Recreation Advisory Board will then be developing a work program to address the concerns identified by Mr. Lukin in his report. 2 . On December 2, 1992 staff contacted Mr. Dick Marks representing Universal Appraisal Services to determine the status of the appraisal for the property South of the Senior High School. Mr. Marks stated that he expected the report to be completed in late December. 3 . Attached is a memo from Barry Stock regarding staffing in the Building Department. 4 . Attached is a letter from Mayor Laurent to Mary Zorn thanking her for donating the Christmas Tree next to the library. 5. Attached is the Revenue and Expenditure Reports as of 11/30/92 . 6. Attached is the Building Activity Report for November. 7. Attached is correspondence from CertainTeed Corporation regarding odors at the Shakopee facility. 8 . Attached are the November 4 , 1992 minutes of the Shakopee Coalition meeting. 9 . Attached is a memorandum from Logis Board of Directors regarding Proclamation by Governor Arne M. Carlson. 10. Attached are the November 18, 1992 minutes of the Community Development Commission meeting. 11. Attached are the unapproved December 3 , 1992 minutes of the Planning Commission and Board of Adjustment & Appeals meetings. 12 . Attached is the Police Newsletter for Council review. 13 . Attached is the Engineering Department Monthly Progress Report. 14 . Attached is correspondence from the Shakopee-Prior Bantum B Hockey players. Staff has responded to the players. I S- M1?4,,A4 c,}. ftp-0‘rw c0t,-O-- ftepe I CITY OF SHAKOPPE SWIMMING POOL EVALUATION 1992 VIRG Lu KE` & ASSOCLATES 612/934-5984 SHAKOPEE SWIMMING POOL EVALUATION CONTENTS Introduction Pool Size and Water Data Filter Data Liner and Sand Evaluation Filter System Evaluation Fitter and Media Fitter Pumps Fitter Piping, Valves and Gauges Pool Chemistry and Chemical Feed Evaluation Chlorine Feed System PH Control Total Water Balance Pool Piping Evaluation Distribution of Water Filter Supply Plumbing (suction) Fitter Return Plumbing Concrete Curb and Wall Structure Evaluation Concrete and Expansion Joints Walls and Bottom Concrete Diving Well Evaluation Slide Evaluation Beach and Decking Evaluation Bathhouse and Concession Area Evaluation Staff and Maintenance Miscellaneous Temperature Effects Forms and Records Priority Maintenance and Updating with cost estimates. Summary 1 INTRODUCTION The following is an evaluation of the Shakopee Outdoor Swimming Facility. The Shakopee Outdoor Swimming Facility has served the community of Shakopee for over twenty years with few changes in the basic facility-Due to the age of the facility and advances in design and equipment, this report may appear critical. The intent of the report is to point out weaknesses of the facility due to aging, changes in standards (codes), changes in programming trends, as well as current and future needs in aquatic recreation and fitness. Swimming is the most popular recreational activity in the United States according to a large number of independent surveys relating to recreational activities.A primary reason for this popularity is based on the fact that swimming is and activity that includes all ages and is gender inclusive.A community swimming facility and more specifically, the pool itself, must provide an inviting atmosphere, be user friendly and be safe to use.These ingredients are essential to take advantage of the popularity of swimming. An added benefit to the facility in taking these ingredients seriously is that the facility will be a natural draw for recreational enjoyment and instructional programs for persons of all ages. Atmosphere for an outdoor swimming facility should include an attractive, clean and friendly environment with usable space for all it's users. "Atmosphere" many times is and an intangible combination of basic design, maintenance and staff personality. Many suggestions in this report will be based on personal experience in the observation of design, and management of successful indoor and outdoor swimming facilities. User comfort includes a vast range of requirements due to the wide variety of user needs and desires_The most notable distinction for the user is the "social age category". This would include toddlers, pre- schoolers,grade school age children,teenagers,young adults,adults, parents and seniors.Each of these groups require many common facility needs such as changing rooms, toilet facilities, showers, etc.Each group aiso requires personal space, clean and sanitary water at usable temperature.For accommodation of some of these groups there may be special needs such as shade from the sun,sunning areas. shallow water areas, water toys, diving boards, exercise space, contained horseplay space, etc-Few recreational facilities can offer such a diverse recreational facility at one site. Over the years the city of Shakopee's facility has provided this to the community. Safety is a concern for all and there are two primary factors which regulate this.The first factor is legislated codes that regulate construction, health and safety. The second factor is legal liability which is dictated by insurance coverage and fear of litigation-To provide required safety the facility, equipment, staff and staff training must meet the required standards. An attempt will be made to point out deficiencies, life expectancy of equipment, possible deficiency solutions and ways to up grade the facility. Dollar values will be given as budget estimates for repairs and suggestions based on today's cost's_ These estimates are for the purpose of future budgeting and planning.The estimates should not be used as firm numbers as final design and/or material selection may differ from estimated costs. This report is based on my personal experience as a user, manager, designer, contractor and advocate of swimming facilities- I have been involved in the design and construction of a number of similar swimming facilities. This evaluation will provide options and direction to maintain and improve the Shakopee Outdoor Swimming Facility_ Virg Luken & ASSOCIATES 5645 Glen Avenue Minnetonka, Minnesota 55345 PH. #934-5984 2 POOL & WATER DATA ESTIMATES Pool Data Perimeter: 844 lineal ft. Surface Area: 51,760 sq.ft.water surface Depth: 1 ft.to 3 ft. to 12 ft. 6 in_ Capacity: 1,080,580 gallons Fitter Rate: 800 GPM through fitter Turnover Rate: 22.5 hours to filter pool volume once Sand Pool Data (Included in pool data totals) Perimeter: 884 lineal ft. Surface Area: 47,685 sq.ft. Water Depth: 1 ft.to 3 ft. Capacity: 144,375 gallons Sand Depth: 1 ft. Sand Quantity: 1,766 cu.yd. Diving Well (Included in pool data totals) Perimeter: 170 lineal ft. Surface Area: 1,750 sq.ft. Depth: 10 ft.to 12 ft. 6 in. Capacity: 144,375 gallons Slide Area (Included in pool data totals) Perimeter: 190 lineal ft. Surface Area: 2,325 sq.ft. Depth: 3 ft. Capacity: 52,300 gallons Circulation Data Inlets (Filtered water returns) Sand Pool: 43 - 1 1!2" fittings in concrete curb Diving Well: 14 - inlet fittings off 6" header Slide Area: No inlets in this area Total Inlets: 57 inlets Flow Rate: 14 GPM per inlet @ 800 GPM Suction of Pumps for Water to Filter Bottom Drain: 2 - 6" pipes in 4' X 4' sump pit in diving well Gutter System: 2 - 4" pipes from metal gutter (200 lin.ft of gutter 3" wide X 3" deep) • FILTER DATA OBSERVATIONS Filter Type: Gravity sand fitter Fitter Size: 2 - 8' X 16' X 7' deep concrete chambers Fitter Area: 256 sq.ft.of total surface Sand Depth: 3 ft. is estimate for current depth Fitter Rate 800 GPM maximum flow through 6" metal pipe Flow Rate: 3.13 GPM,'sq_ ft.of filter area Backwash Capacity: 1,000 GPM using 2 - 6" lines 3 Filter Pumps (Two pump system pulling water from pool and pushing water to top of filter) 10 HP Jacuzzi self priming pump with separate hair and lint strainer. Motor is 3 phase. 240 volt, 1160 RPM.This is the original pump over 20 years old.The pump draws water from one of the 6" main drain lines and pushes water to a 6" return line or 6" waste line or one of two 6" backwash lines.This is done through control valves. 15 HP Sta-Rite self priming pump with integral strainer pot. 3 phase, 240 volt, 3490 RPM.This is a new pump in 1992.This pump draws water from the 2 - 4" gutter suction lines and one 6" line from the main drain.These lines combine into one 6" suction line.The pump pushes water into one 6" return line, 6"waste line and 2 - 6" backwash line. Controlled through valves with 10 HP pump. Pool Plumbing Piping: All visible piping is metal or galvanized pipe with welded angles and flange fittings.The exterior of the visible pipe is in good condition. Pool perimeter piping is 6" reduced down to 4"with 1 1/2" fittings for each inlet. Over the years repairs have been made with metal, plastic and hose clamps under the sand. Inlets: Inlet fittings in the sand area extend through the concrete pool curbing.The face fittings are'were adjustable flow fittings.These are plumbed to metal pipe through the pool curb. At the back of the curb there is a mix of 1 1/2" plastic, metal, hose fittings and clamps attached to the main pool supply line. The inlets in the diving well are fitted to the 6" PVC pipe near the bottom of the well. Backwash: Backwash of the filter is done through a metal overflow trough that is channeled into a drain tank. Chlorination: There is a gas chlorine system with a single booster injection pump feeding chlorine to the two 6" return lines. PH Control: This is done by hand feeding on a sporadic basis as needed. Fill Line: There are 14 fresh water inlets at the south end of the pool. These are'were adjustable fittings tapped into the water main and controlled by a valve in the bathhouse. 4 c CO - o ° c c r. Cel N. 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P. 0 a) N U -p N •- N a) N U m E0. y o .> O _0 y 3 C c c - c Z-' a) 'C, cc a Q Ocr)- U 'C --U C oca ,c •- a sQ c _ 40 : 0 ,4 ac 3c a, .o .c (17 3 > _ E a) 1- 5r.' 16 i .a) _c c c a) > o a) 3 cc �= � u) cs - ac a>) t c a) p w a— U ns .` _ s •C >. c O in o O ai 0 4 O C C C .7.: C 4 N 3 O O >"co - O U ° a) ° • ° c� ° V 4 Li' C u°)i - r a_ c _0 oL >, a) 3a 0--c c v; E - .13 C uu)) a) cs N 4• CnCr) C in C - CCC • U .0 .. o � � yaci � naaN � 0cc 432 E a) c aE � Na) cc - � y2• a; >,t 0 r.) c a u) O • N O = - .- E ` > C C L a) o) Cc -p - T a.0 aN. N - U _ >'o a g o c. E N O > a C .47 c a) .0 o Q.C. y a°) 3 -0 U $ oc - cc « cco � ca) c ° :c. opaoa$ as .- cc5 a) -o .c o- a) co a) •C7 C U - - g 0 C c.) 0 > - EQ) „, ,,, a) - E 0) U N a) L E . a) ti � s � tea) a - m .c a) CCCI c °) ^ -- I- c 0 0 o c is .^-) ` C - H a) a) c: c F- a a 1 CL O .a) t- t O O ` S _ L m y aNi .4 s a) °) 4 N u°)i c ° c i s aci o E c 'N c t c cc a Q .� y U t Q.Q c�II c0i = - C a) -- C) a) .c a) C Y U 3 .- CSC .= C E �C C as O C' a C .� U C a N t w a O u) 'O 3 cc -0 E a) as U o O a) - 0 3 .- *3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Seasonal Building Inspector Position DATE: December 9, 1 992 INTRODUCTION & BACKGROUND: In October I reported that due to the large inventory of platted lots and attractive interest rates, building activity was exceeding expectations. This trend is continuing into the winter months which is somewhat unusual. In November sixteen single family building permits were issued as compared to two in November of 1991. Generally the construction process for a single family home is 60 to 90 days. Therefore, many of the homes that have recently received permits will need inspections in January and February of 1993 which is normally a very slow period. Last year at this time, the City had one Building Official on board. This year with the continuing level of new construction, I intend to keep the Temporary Building Inspector on board in a reduced capacity (20 hours per week) . The 1993 budget did include funding for a Temporary Building Inspector position. However, we typically do not bring on a Temporary Building Inspector until the first part of April. Keeping the Temporary Building Inspector on board beginning in January may necessitate a budget amendment to the Building Department Division later in 1993 . If a budget amendment is necessary, I expect that it will be more than offset by permit revenue. I will keep you advised of Building activity, budget issues and the need for additional personnel services in the Building Department Division. If Building activity drops, I fully intend to reduce the hours of the Temporary Building Inspector. Conversely, if demand increases additional hours may be added. BAS/tiv TAMI/ADMIN/BLDGMEMO --#/'1-7 11\ ,iii\o CITY OF SHAKOPEE ., INCORPORATED 1870 i 4 ,,,,\ miiihKO1'' 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 ;r`:-q J,, k December 9, 1992 Mary Zorn 910 East 8th Avenue Shakopee, MN 55379 Dear Mary: On behalf of the City of Shakopee I would like to thank you for donating the large Christmas tree that was placed next to the Shakopee Public Library. Donating the tree in the memory of your friend Mrs. Ellen Boppel was truly made in the Christmas spirit. I have already received many positive comments about the tree. 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II 0 (./)C/) u Z ZW N V) 0 00 N N I- Z MN N W N N Z I.4 I--< W CC N Z0 0 0 0 0 W < 0-.-I 0 1=- N OW M M ZM 0 0 I- NQ > N II "40 > N C <I- 1--I W Z \ JI-4 C 0 J NO /-Z C W m Z< > 0 -I J MU W Z < u Z QW W M m W> C Z S 0 mW N W 1-- um NV) to J J I-C W W N W0 as a 0 Z u W Zm a I-ZW U) I- M US \N .Zj X I- O N a W W Q J 0. ra Z 1-1 N N J I-10 U) 0\ W i-I N J0 a1 Z 14I-a W O 0-(41(W J I-I m >0) O ZX N 0 1-N<WI-lW 0 I-4110 Z N UQfa'W<0 000 C\ 0 0< T W J Z a NCC Ii WI- h-1 JWOW Z -)f aCNZW mZa WW W 1-41-- 0 M < O I-I N W in- I N M U I- 0 0 t/)W H HOW W=I--I\W U)U Z I- X Z J I- I- t1. C N ZI-•W W ZW.efT < N 1-1=0Z1-01-44. ZC/)Cd)00 Z < CL.).-<W Cl. Z I--4 O N WIA-X I g WC 0U)0 C 1-IQIa_ZWZZU WO\I-IZZTWUJ 1.11-1-0 0. W a J t/)N 0) I-I N 0.<0JCZ W I-P-I 1-4I w<00CS JI--I-i<I-CJJ CC Z 0 X < < WV WAH01- 0I-0-WW a <CCOal0WZ<0WO1-a'I4W<W OW01-1 N Cl. 0 C Or WCWC<<W1--1JEYa LU0J I11WU4.I--INLU>WZOJ Iii-0 U)V)0WN- 1•-1 W N.-4QWCWW0WO<WCZ J WN-Ni--IO>COJNJ<>I"INI-1ZZNWmOJZ J O J Z N 0<>Q>WI-I►-IWWZOO < aQO=QQWCMOWCOCZI-OWMm=CQO < Q a W - N a 03OOQ_U.U.ZSM30 1- OffMWO-MM Lar-r-¢al-4 QWI000U0 ►- W I- 0 W N 0.-4NO-I•--INVIA-IN-10 0 OIANOON0000-400000000Mu)/-oo0 0 0 I- 0 1-) N ZOO--I-INNNNMVON m .--1-4NMV VIA-I-INNMVU)t0CM•-4MMMC)MM m IA m Z . m N 0 M N N N N N N N M M M M M M M M M M V V V V V V V M to M M O Nla_V V V V V V V V V V V a 0 V V V V a V V V V V V V V a V V V V V V V V V V 0 V 0 U. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - NOVEMBER 1992 November 1992 November 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 12 123 9 , 845, 079 2 96 6,900, 850 Single Family-Septic 4 22 3 , 141, 493 - 15 2, 342 , 600 Multiple Dwellings - 13 1, 541, 060 - 7 779, 600 (# Units) (YTD Units) (-) (28) - (-) (14) Dwelling Additions 2 74 318, 208 1 71 380, 970 Other 1 15 95, 050 - 19 165, 380 New Comm. Bldgs 1 6 1, 899, 000 - 7 2,759,800 Comm. Bldg. Addns. - 3 372 , 072 - 1 40, 000 New Industrial-Sewered - 1 4 , 500, 000 - - Ind. Sewered Addns. 1 1 1, 472 , 000 - 1 16, 400 New Industrial-Septic - - - - - -- Ind. Septic Addns. - - - - - Accessory/Garages 2 39 335, 028 - 38 291, 190 Signs & Fences 9 65 108 , 395 2 63 170, 567 Fireplaces/Wood Stoves 1 6 9,705 1 4 10, 590 Grading/Foundation 2 13 1, 623 , 760 - 7 696, 200 Moving - 1 - - 1 Razing - 3 47, 213 - 1 1, 500 Remodeling (Res. ) 4 33 126, 333 2 35 297 ,809 Remodeling (Inst. ) - - - - 1 30, 000 Remodeling (Comm/Ind. ) 3 37 3 , 065, 470 1 44 2 , 838 , 947 TOTAL TAXABLE 42 455 28, 499 , 866 9 408 17, 690, 903 TOTAL INSTITUTIONAL - - - - 1 30, 000 GRAND TOTAL 42 455 28, 499 , 866 9 409 17, 720, 903 No. YTD. No. YTD. Variances 1 6 5 Conditional Use - 8 1 10 Rezoning - 5 2 Electric 49 446 29 331 Plumbing & Heating 54 544 29 434 Total dwelling units in City after completion of all construction permitted to date 4 , 786 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1992 9728 Betaseed 1788 Marschall Road Greenhouse 5, 000 9729 0. Jerome Johnson 9230 Boiling Springs Ln. Pole Bldg. 7, 500 9730 Detail Home Bldrs. 1277 Heritage Drive E. House 78, 600 L 15 B 3 , Heritage Place 3rd 9731 Detail Home Bldrs. 1278 Heritage Drive E. House 67, 642 L 6 B 2 , Heritage Place 3rd 9732 Ozmun Builders 744 Cortland Circle House 166, 000 L 4 B 9 , Beckrich Park Estates 9733 Laurent Builders 1128 Polk Street House 70, 000 L 9 B 1, Minnesota Valley 7th 9734 Novak Fleck 1057 Aster Lane House 67, 000 L 7 B 1, Meadows 7th 9735 Void 9736 Chuck Nogle 4218 Valley Ind. Blvd. S. Grading 100 9737 North Star Services 2032 Eaglewood Circle Remodel 13,200 9738 CertainTeed Corp. 3303 E. 4th Avenue Industrial 1,472 , 000 9739 Mark Gerry 835 W. 1st Avenue Remodel 13 , 000 9740 Novak Fleck 1443 Sage Court House 63 , 370 L 8 B 3 , Meadows 7th 9741 Novak Fleck 1403 Sage Lane House 74, 310 L 6 B 3 , Meadows 7th 9742 H & M Builders 7220 Eagle Creek Blvd. House 151, 233 L 2 B 1, Meadowbrook Run 9743 Valleyfair One Valleyfair Drive Footings 1, 000, 000 9744 Leroy Signs 738 E. 1st Avenue Sign 8, 000 9745 Laurent Builders Maple Trail Estates Sign 700 9746 Thomas Golden 600 County Road 83 Sign 300 9747 Minn. Valley Fence 706 E. 7th Avenue Fence 3, 000 9748 J. Fox Const. 619 E. 4th Avenue Garage 9, 800 9749 Novak Fleck 1303 Sage Lane House 77, 900 L 1 B 3 , Meadows 7th 9750 All Brite Sign Inc. 901 Canterbury Road Sign 850 9751 Novak Fleck 1323 Sage Lane House 70, 647 L 2 B 3 , Meadows 7th 9752 Model Stone Co. 6800 Hwy 101 Concrete Plant 75, 000 9753 Ricky Meyer 1153 Clover Court Deck 1, 372 9754 Jerome Vierling Prairie Estates Sign 50 9755 Jerome Vierling Prairie Estates Sign 50 9756 Paul Pfeiffer 804 Larkspur Court Remodel 5, 400 9757 Stahl Const. 889 Valley Park Dr. Remodel 404, 000 9758 John DuBois 327 So. Marschall Road Sign 1, 500 9759 Daryl Uhrhammer 1160 Menke Circle Addition 15, 000 9760 T & D Homes 2015 Foothill Trail House 71, 000 L 1 B 5, Horizon Heights 2nd 9761 Detail Home Bldrs. 1208 Heritage Drive E. House 82, 565 L 1 B 2 , Heritage Place 3rd 9762 Detail Home Bldrs. 1257 Heritage Drive E. House 82,565 L 14 B 3 , Heritage Place 3rd 9763 Detail Home Bldrs. 1258 Heritage Drive E. House 73 , 315 L 5 B 2 , Heritage Place 3rd 9764 Laurent Builders 1097 Stonebrooke Drive House 170, 000 L 7 B 2 , Stonebrooke 1st 9765 Julik & Adler Const. 1200 Sunflower Circle House 140, 000 L 5 B 1, Prairie Estates 1st 9766 Ron Coster 1812 E. Shakopee Ave. Windows 1, 000 9767 Art Gesswein 435 E. 1st Avenue Sign 400 9768 Viereck Fireplace 830 So. Marschall Road Fireplace 1, 000 9769 Anthony Christenson 321 E. 4th Avenue Repair 200 9770 Valleyfair One Valleyfair Dr. Addition 7, 000 Total: $4 , 551, 569 . . CertainTeed Corporation 3303 E. 4th Ave. PO Box 506 CertainTeed El PO Shakopee, MN 55379 December 2, 1992 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section 3j��� Air Quality Division DEC Minnesota Pollution Control Agency 520 Lafayette CITY OF SHAKOPE St. Paul, MN 55155 re: Shakopee Facility, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated November 3, 1992. During the month of October, JWP Air Technologies (now Huntington Energy Systems) began construction of the foundations for the thermal oxidizer equipment and the electrical control building. This phase is about 70% complete and will be done in December. Review of engineering drawings is now completed and equipment is being fabricated. Current activity per the schedule is as follows: Activity Target Date Status Foundation Dec. 7, 1992 70% completed installation Purchasing and March 5, 1992 Started in November delivery Control room Jan. 4, 1993 Started in November install See attached Gantt chart for delivery and installation schedule. Mr. James M. McCann page 2 December 2, 1992 Mr.Barry Stock, Assistant City Administrator with the City of Shakopee has requested to be copied on these monthly progress reports in order to keep the citizens of Shakopee better informed. Our next progress report will be submitted in early January, 1993. Sincerely, Gary Swenson, CPE Principal Plant Engineer GAS:mr cc: C. Carfrey J. Quaranta K. Everhart L. Hawk R. Krause M. Noone N. Robinson B. Stock, City of Shakopee (attachment) N Ot 0 r O r - C a h i L L.a Q1 C 0 o r-2 gV o Z ; 1 113S' N ' E E a L. o 82 0 a. q� Q d a g $1 i • 0 G Z Z 0 i - 0 vt( i vi r d I.- Z b Q . z a6 Z t c3 w cc .- VWr WN WWN 2WN 0WN WNgo Pt- go 6WC4 ?WN �gN Wt7Nt Wag Qt Qi d 020 �Ct tT atm 6 g g a m g ,�g_ _Z-�g 'Q l- 7t7 g %7 mii wg7 mgL kl- Evi' c7. 17, ft:41 (ip WO Z (91g i W n4 a y tpf �rN 4J�r0 aNtj 2 WI gl 0. N w NI Q N Nr g^o 0m 6 r- _ r O v1 C 0 0 E'd 9099 TVE ST2 SS SWS Q331NIdld39 Wd8S:60 26, TO 03a N v, v' I Q al v+ c m - a - M C) , .: O0i a 6 - . C . IA a .- 8/^ u. N . a.. a ,. , 0 Cl v+ 8'Q _ - a a - cm LI-) • Cn a - w-, f u z e, - '-0 rn . z 0 0 g Zin O g Z S C3 vl Of R cl E ..tc S W M G O, 6 2. h Rwin 8 z—v* cv C c E•d 9099 IPE SIE SS 9WS Q331NIU1830 Wd8S:E0 E6, TO 03U E Meeting Minutes for November 4 , 1992 The meeting was called to order by Chairman. MEMBERS PRESENT: Brian Norris (Citizens State Bank) , Sister Esther Wagner (SACS) , Beth A. Nickoli (Activity Corr. Delphi) , Barry Stock (City of Shakopee) , Bonnie Sokolov (American Cancer Society) ; Judson Kenyon (CAP Agency) , Claude Kolb (Shakopee K C' s and Lions) , Chuck Dustrud (Scott County Human Services) , Sandy Masin (Minnesota Correctional Facility) . Claude Kolb - The Lions had a successful Renaissance Festival. Bingo at the K C Hall this Friday. Judson Kenyon - Promoting the new "Name the CAP Agency" . Next Tuesday, November 10 from 4 : 00 to 7 : 00 there will be an open house. "Give Where You Live" fund raising has started. If you know someone who needs a Thanksgiving Food Basket contact 496-2125. Sister Esther - Had a fund raising marathon, the kids walk for pledges, all the money stays here. SACS School is collecting food for the needy through the children. Sandy Masin - Gift bags are being put together for the women in prison. Volunteers are needed to gather things for the gift bags and put them together. Stationary is a big item, the personal things are great. They will also take money. They are looking to fill at least 140 gift bags. Bring items to the control center, call before you come, the number is 496-4473 . They are also in need of a piano teacher. Chuck Dustrud - Mentoring troubled kids. Need volunteer drivers in Shakopee, the pay is $. 29 per mile. Laura Matuska 496-8296 at the Work Place is looking to move into the Shakopee Town Square. Transportation needs are being looked at. Possibility of purchasing a 10 person vehicle. Bonnie Sokolov - Board meeting is a week from Thursday, at St. Francis Hospital at 7 : 00 pm. Participated at the Health Fair. Annual meeting was held in October for American Cancer Society. Bob Greely - Bond referendum is coming 10. 9 million. Both Sweeney and Pearson need more space - double. Most of the costs are related to the students. Land acquisition is part of this. Motors in the Junior High School pool are broken. Adult learning lab is at Shakopee Town Square. Youth enrichment program are going great. Need a person to represent disabled people on the Advisory council for Community Services. Barry Stock - Market and operational analysis ordered for hockey arena. City is looking for 25 acres. City Hall remodeling is coming along. Move in will be in January. Group discussion was held on how to improve the Coalition. Some ideas: 1. Need to improve attendance. 2 . Members should look for any organizations that are not on the list. 3 . Start calling regularly to remind members of the meeting. We have people wearing three hats. Have each organization appoint a member. Barry will draft a letter. 4 . Each organization should appoint a primary and a secondary member. Next meeting is December 1, 1992 , in the Citizens State Bank Community Room at 4 : 30. Respectfully Submitted Brian Norris, Secretary MEMORANDUM Date: November 23, 1992 1.1 ■ BOG® To: LOGIS Board of Directors and Alternates, =� City Administrators, Managers, and MIS Coordinators �h From: Mike Garris, Executive Director, LOGIS ift 4 T - Subject: PROCLAMATION BY GOVERNOR ARNE M. CARLSON At the November 6, 1992 Board of Directors Meeting, President Jim Miller presented the LOGIS consortium with a state proclamation signed by the Governor of Minnesota, Arne M. Carlson. I was very pleased to accept this document on behalf of the membership as it commemorates our twentieth year of operation. More importantly, it recognizes LOGIS as a cost effective, intergovernmental cooperative. Each member city should feel honored by the Governor's Proclamation, after all it was your city and Council that had the vision to be a part of this organization. In fact, this document really belongs to you, the cities that make up the LOGIS consortium. To this end, I've enclosed several copies for you to share with your staff and Council members. If, at any time, you would like an overview on LOGIS for your Council or staff, please give me a call. I would be pleased to make a presentation to any city group on the many applications, new directions, and shared benefits provided through LOGIS. For now, however, congratulations for your participation in this successful, intergovernmental cooperative! Attachment S-026 • • =- TT:—7— — . -----'—'— "-----\'4. „oz.*:Mik i T i TIIE*4 .•-A,---I t3ilirfr'.,11--*--V. '<ki'.... '4:}J,%r ��'--II11llllI1.I1I!I1I11ILIllilHIII!IIIHIII111WL1MM11III - ! U as P-raelantaticat WHEREAS: LOGIS is the largest consortium of local municipalities in the United States of America, serving 571,000 Minnesota citizens; and WHEREAS: The LOGIS Consortium is celebrating its twentieth year; and WHEREAS: The LOGIS Consortium supports local governments as they strive to increase service while decreasing costs; and fI WHEREAS: The LOGIS Consortium saves its member citizens, who are Minnesota tax payers, more than one million dollars annually through inter-governmental cooperation; and WHEREAS: LOGIS has been recognized by the Citizens League, IISAC and national publications for its innovative approach; and WHEREAS: The State of Minnesota wishes to foster inter-governmental cooperation; NOW THEREFORE, I, ARNE H. CARLSON, Governor of the State of Minnesota, do hereby proclaim November 6, 1992 LOG I S CONSORTIUM D A Y in Minnesota. .21:: .4N. .61Y•i77:;_ . IN WITNESS WHEREOF, I have hereunto set my "+ '.12,1':_-'', hand and caused the Great Seal of the State ` �� of Minnesota to be affixed at the State Capitol this first day of October in the year si...; .... .----.> of our Lord one thousand nine hundred and Jr ,. -.1y ninety-two, and of the State the one hundred ,f,4%,.-- _ s,•• thirty-fourth. pce aft'` \\Pows.A., ta\kl...... GOVERNOR r-7144 S ' RETARY OF STATE ' 4='‹ I 0 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 1992 Chairman Mars called the meeting to order at 5: 30 p.m. with Commissioners Brandmire, Miller, Unseth, Albinson, Phillips, Mars and VanHorn present. Barry Stock, Assistant City Administrator, Tom Hay, Dorsey & Whitney, and Eugene Goddard, Department of Trade & Economic Development were also present. Brandmire/Van Horn moved to approve the minutes of the October 21, 1992 meeting as kept. Motion carried unanimously. Mr. Stock gave a brief economic development report. He noted that building activity for residential construction continued at a strong level. He stated that there has not been any significant drop in the level of residential building permit activity. Mr. Stock went on to state that industrial inquiries have picked up of late. Several calls have also been received from residential developers interested in doing multi-family (R-4) construction. Most of these inquiries have included requests for tax increment financing assistance. Mr. Mars noted that Mr. Tom Hay from Dorsey & Whitney was present to give a brief presentation on the differences between and Economic Development Authority, Port Authority and Housing and Redevelopment Authority. Mr. Stock stated that this discussion was prompted by the visits to other communities. Mr. Stock stated that several communities have successfully created Economic Development Authorities and Port Authorities to stimulate redevelopment and encourage industrial development within their communities. The Commission has discussed in the past the creation of either and Economic Development Authority or Port Authority in addition to maintaining the existing Housing and Redevelopment Authority. A separate option discussed has been the possibility of restructuring the HRA. Mr. Hay gave a brief statutory background of the various authorities. He noted that the primary purpose of an HRA was urban redevelopment and low and moderate income housing. Port Authorities on the other hand were more focused on economic development. Mr. Hay stated that Port Authority designation is only available for Cities of the first class. Other Cities can obtain Port Authority designation but it requires special legislation. Mr. Hay stated that the last time a City received Port Authority designation was 1991. Mr. Goddard stated that Cities that have approached the legislature for special Port Authority legislation since 1987 have been directed to create Economic Development Authorities. Mr. Hay stated that the Port Authority designation would allow the City the greatest flexibility in promoting economic development. Under a Port Authority, tax increment districts can be created much easier than under the other two designations. A Port Authority Official Proceedings of the November 18, 1992 Community Development Commission Page -2- only has to identify one of eleven possible findings in creating a district. A Port Authority can also issue G.O. Bonds without having an election. Mr. Hay noted that under the Economic Development Authority Legislation, a City Council can pick and choose powers that they want to grant to their Economic Development Authority. The City could also merge the HRA and the Economic Development Authority Powers. Municipalities have a great deal of flexibility in picking and choosing powers that they want to grant to their Economic Development Authority. Mr. Hay stated that when an EDA and HRA merge, Council has the opportunity to build in checks and balances. An Economic Development Authority must also have at least two Council members represented on it. It can be comprised of either three, five or seven members. Creating an Economic Development Authority comprised of local residents would also perhaps eliminate some of the political aspects that the City may presently be experiencing with their HRA. Mr. Hay stated that it is fairly easy for a City to establish and EDA. Basically the only thing that needs to be done is passing an enabling resolution establishing the powers and responsibilities of said authority. Discussion ensued on the difference between the various authorities. Mr. Hay stated that he believed the best situation for a City to be in would be to establish a Economic Development Authority that would consolidate some of the powers available to an HRA. Once the Economic Development Authority is established and in place he would recommend that the City draft special legislation to request that the powers of the Port Authority be transferred to their Economic Development Authority. Mr, Hay stated that this would be fairly inexpensive for a municipality to pursue this approach. Discussion ensued on the levy authority for each of the bodies. Mr. Hay stated that each of the Authorities discussed have the ability to put in place a small tax levy. He stated that if a City were to combine duties and responsibilities of an Economic Development Authority and a Housing and Redevelopment Authority it is not clear whether or not two separate levies could be put in place. Discussion ensued on which type of Authority would be suit the needs of the City of Shakopee. Discussion ensued on the possible uses of tax increment financing. Mr. Hay stated that under the present law is very difficult for communities to utilize tax increment financing. He stated that with the local government aid and HACA reduction requirement for tax increment projects that most communities are not aggressively promoting tax increment. He went on to state that Bond Counsels and municipal financial advisors have figured out a way to utilize tax increment under the current law that still makes the financing tool useful. Mr. Hay stated that he felt that in the upcoming Official Proceedings of the November 18, 1992 Community Development Commission Page -3- legislative session tax increment financing would again be discussed. He believes that something might be done to change the current LGA and HACA restrictions. Mr Mars questioned how the City could broaden the powers of the HRA and obtain additional staffing in the area of economic development. Mr. Hay stated that this was more of a political question than a legal issue. From a legal standpoint it is very easy to create what Mr. Mars described. However, from a local politics and policy standpoint it may be more difficult. Mr. Albinson stated that if the City agrees to create an EDA and retains final authority over a number of things, public forum for discussion and the opportunity to introduce new ideas for discussion would help build momentum to support those ideas. Mr. Albinson stated that based on what he has heard this evening he does not feel prepared to present to the City Council any firm recommendation regarding the creation on an Economic Development Authority and/or Port Authority. Mr. Hay stated that he would prepare a letter hitting the highlights that differentiate and HRA from and EDA. It was the consensus of the Committee to delay their recommendation regarding the creation of an Economic Development Authority and/or Port Authority until further information can be obtained to support a change. Discussion ensued on the presentation strategy for the downtown re- development findings and pre-development plan that will be submitted to the HRA on Thursday evening. Mr. Albinson stated that the building report was fairly interesting. He noted this year the cost for a single family home is averaging $80, 150. 00 as compared to last year when the value was $71, 850. 00. Mr. Albinson also noted that there were a couple of projects in the industrial park that were listed on the report that have been identified as commercial projects when there actually industrial. Mr. Stock stated that he would bring these two changes to the attention of the Building Secretary. Albinson/Phillips moved to adjourn the meeting at 7 : 05 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota December 3 , 1992 MEMBERS PRESENT: Christensen, Madigan, Zak, Joos, Spurrier, Kelly MEMBERS ABSENT: Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, Public Works Director Nancy Deziel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 50 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE NOVEMBER 5, 1992, MEETING MINUTES The minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. EASEMENT VACATION: TO CONSIDER THE VACATION OF A PORTION OF THE UTILITY EASEMENT LOCATED WITHIN THE VACATED CLAY ST. BETWEEN 3rd and 4th AVENUES. The Assistant Planner stated that the portion of Clay Street between 3rd and 4th Avenue was vacated in 1968 and a utility easement was reserved over the entire portion of the vacated street. The petitioners own the northern 150 feet of the 80 foot wide portion of the vacated street, which contains the utility easement. She stated they are proposing to vacate the eastern 30 feet of this 80 foot wide utility easement in order to construct an addition onto the west side of their building. There is currently a water main, a fire hydrant, and a gas line located within this easement. The vacation of the easterly 30 feet of this easement wouldn't affect these utilities. However, there are overhead electric lines located Minutes of the Page - 2 Shakopee Planning Commission December 3, 1992 along the southern portion of the easement. The City Code requires a 10 foot wide easement for overhead electrical lines and staff is recommending that the City retain a 10 foot wide portion of the utility easement along the southern property line for these electrical lines. She stated that staff is recommending approval of the vacation of the eastern 30 feet of the northern 150 feet of the utility easement within the vacated portion of Clay Street between 3rd and 4th Avenues, while retaining this 10 foot wide easement along the southern property line. Chrmn. Joos asked if there were any questions of Ms. Sandbeck. Comm. Spurrier asked if there was something on the drawing that showed what was going to be retained as an easement. Ms. Sandbeck referred to the map on the bulletin board and illustrated where the easement would remain, if the Action Requested were followed. Comm. Spurrier asked for the location of the property lines. Ms. Sandbeck referred to the map, pointing out the exterior property lines, and the interior property line between the lot and the vacated Clay Street. Comm. Spurrier asked if the vacated street goes to lot 10 and to the lot on the other side. Ms. Sandbeck replied that the applicants own the entire 80 foot wide portion of the northern portion of vacated Clay Street. Comm. Spurrier asked if the utility vacation was going to the center or something less than the center. Ms. Sandbeck replied less than the center. Referring to the map, she pointed out the 80 foot easement and stated they have petitioned to vacate the eastern 30 feet of this easement. Chrmn. Joos asked if there were any other questions of staff. There were none. Chrmn. Joos asked if the applicant or their representative would like to address the Planning Commission on this issue. There was no response. Motion: Spurrier/Madigan moved to recommend that the City Council vacate the eastern 30 feet of the northern 150 feet of utility easement within the vacated portion of Clay Street between block 41 and 42 Shakopee Plat, while retaining the southern 10 feet as a utility easement. Minutes of the Page - 3 Shakopee Planning Commission December 3, 1992 Chrmn. Joos asked if there was any further discussion. There was no response. Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO INTERIM ORD. NO. 322 WHICH WOULD EXTEND THE TIME, RESTRICTING AND PROHIBITING ANY USE, SUBDIVISION AND DEVELOPMENT OF APPROXIMATELY 78 ACRES SOUTH OF THE SR. HIGH SCHOOL. The City Planner stated that this is a public hearing to amend Interim Ord. No. 322 . He stated that Ordinance No. 300 was the original moratorium that was placed on the property. It's approximately 150 acres in size and it is located southwest of the high school bounded by County Road 79 on the east, and the high school property to the north. Referring to the map, the City Planner pointed out the area included in the original Ordinance No. 300. That Interim Ordinance restricted development on 150 acres. The time frame allowed by state law for Interim Ordinances would allow for a one year time frame. The state law also allows for cities to extend Interim Ordinances for an additional 18 months. The purpose of the Interim Ordinances is to allow for cities to do proper planning where development is about to occur. It's intended to protect the planning process and the health, safety, and welfare of the community. He stated that, near the expiration date for Ordinance No. 300, Ordinance No. 322 was adopted by the City Council with the intent of granting another 18 months. In the process, there was an error created in that Ordinance. The original intent was to extend it to July 4 , 1993 . He stated the purpose of the Interim Ordinance amendment is to extend it as was originally intended, and that would again be to July 4, 1993 . Chrmn. Joos asked if there were any questions of Mr. Ekola. Comm. Christensen asked if it was just a typographical error. Mr. Ekola replied that it was partly a typographical error, but also originally there was 150 acres looked at in this Interim Ordinance. The purpose of Ordinance No. 322 was to remove the Interim Ordinance on the southern one-third of that property. The focus was placed more on that. He stated he could not explain the error in the time frame. The intent was to extend it for 18 months to July 4 , 1993 , but what ended up in Ordinance No. 322 was only a six month extension. Minutes of the Page - 4 Shakopee Planning Commission December 3, 1992 Comm. Spurrier asked for clarification on the location of the land. Chrmn. Joos asked if the owner of the land had been notified and what was their response. Mr. Ekola replied that staff sent copies of the staff report to Mr. Carl Vierling, the trustee for the property, and also the contract for deed holder, Mr. Wayne Fleck. They were informed of the Planning Commission meeting and the public hearing. They were both aware of the original intent and the 1993 time frame. Chrmn. Joos thanked Mr. Ekola and asked if there were any other questions of staff. There was no response. Chrmn. Joos reminded the audience that it was a public hearing and asked if anyone in the audience would like to address the Planning Commission on this issue. There was no response. Motion: Spurrier/Christensen moved to close the public hearing. Vote: Motion carried unanimously. Motion: Spurrier/Zak moved to recommend that the City Council amend Ordinance, No. 322, extending the time frame for the interim official map for lands south of the high school, west of Spencer Street, south of 10th Avenue, and east of Apgar Street. Chrmn. Joos asked if there was any further discussion. There was none. Vote: Motion carried unanimously. VII. FINAL PUD: TO CONSIDER THE FINAL DEVELOPMENT PLAN FOR THE MILWAUKEE MANOR PUD, LOCATED SOUTH OF CLIFTON TOWNHOME ADDITION. The City Planner stated that Mr. Menke has submitted an application for approval of the final development plan for the Milwaukee Manor PUD. He stated that in the staff report staff has listed various considerations for the Planning Commission. He stated the applicant requested some specific information in reference to park dedication fees. He stated that they hope that the information in the report answers the questions that came up in the process. Staff is recommending approval of the final PUD, subject to 22 conditions. Chrmn. Joos asked if there were any questions of Mr. Ekola. Minutes of the Page - 5 Shakopee Planning Commission December 3, 1992 Comm. Spurrier asked if the drainage issues that had been previously addressed by adjacent neighbors had been corrected. Mr. Hutton, Public Works Director, stated that the concerns of the neighbors regarding the drainage system have been addressed. Comm. Spurrier questioned whether the system would be susceptible to winter conditions. Mr. Hutton stated that there would not be a problem with ice and that the system would function year round. Chrmn. Joos asked if there were any other questions of staff. There was no response. Chrmn. Joos asked if Mr. Menke would like to address the Commission. LeRoy Menke, 1185 Shakopee, stated that they have always had a little concern about where they rezoned from R-2 to R-3 and where the City wanted the border. Mr. Menke stated that he would like enough room so that people can walk around that holding pond and that they would maintain the grass and a trail for the residents to walk around the pond. He also stated that he would like the Planning Commission to consider the credit he is asking for concerning the park dedication fee. Comm. Christensen asked Mr. Menke what the recreation center would look like and what would it be used for. Mr. Menke stated that it is going to be a one story building with an exercise room, men's and ladies ' rest rooms, a sauna, a hot tub, and possibly an outdoor swimming pool. Comm. Christensen asked if it was a detached facility. Mr. Menke showed Comm. Christensen on the map where the facility would be located on the Final Development Plan. Comm. Christensen asked how this worked and if it was to be maintained by the home owners' association. Chrmn. Joos and Mr. Menke replied that it was. Discussion was held on whether you can build a recreation center in both an R-2 and R-3 district. Comm. Christensen asked Mr. Menke if the exterior of the units will all look alike. Minutes of the Page - 6 Shakopee Planning Commission December 3, 1992 Mr. Menke stated that because some of the units are split level designs and some of the units are not, there would be variation. Comm. Christensen questioned the traffic report. Mr. Hutton clarified the traffic report for Comm. Christensen. Discussion was held on the conditions required to get an accurate and legible drawing. Chrmn. Joos asked that the memorandum on the traffic study be marked as an exhibit. Chrmn. Joos asked if there were any more questions or comments on the final PUD. Comm. Kelly asked if they were going to address the park dedication. Discussion was held on the park dedication. Chrmn. Joos suggested to Mr. Menke that he discuss his proposed credit request with staff. Motion: Zak/Kelly moved to offer a motion recommending approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development, subject to conditions. Chrmn. Joos asked if there was any discussion. Comm. Christensen stated that she was voting "no" on this. She stated that she doesn't have anything against Mr. Menke, but she would be voting no as a protest and would like it on record to the City Council and to the citizens of Shakopee that they have made an error in approving the rezoning, and she thinks we better be very careful in the future with rezoning. Chrmn. Joos asked if there was any further discussion. There was no response. Vote: Motion carried 5 to 1, with Comm. Christensen voting against the motion. VIII ALLEY VACATION: TO CONSIDER THE VACATION OF THE ALLEY IN BLOCK 42, SHAKOPEE PLAT The Assistant Planner stated that in September of last year The Board of Adjustment and Appeals approved a variance to the minimum lot size requirement for Admiral Waste Management to allow the construction of a recycling facility on Lots 6,7, 8, Minutes of the RaP - 7 Shakopee Planning Commission December 3, 1992 and 9, located along the northern portion of Block 42, original Shakopee Plat. During the research for the staff report for the variance request, staff' s interpretation of ordinance No. 282 was that it vacated the entire alley within Block 42, Shakopee Plat, in 1968. Based upon this interpretation, staff released a building permit to allow grading and a screen fence within the north one-half of this alley. A recent legal opinion has revealed that this ordinance vacated only the western portion of the alley. Rather than refrain from any work within the remainder of the alley, the owners of Admiral Waste have submitted a petition requesting the vacation of the north half of the remainder of the alley within Block 42 in order to complete the project as they originally intended. She stated that a driveway which supplies access to the truck- under garage for the Florence Greening home (located on both Lot 3 and Lot 4 on the south side of the alley) crosses the southerly portion of the alley and the northerly portion of Lot 5. If the City decides to vacate, access to Ms. Greening's garage must be protected. In addition to vacating the north half of the alley, the Planning Commission may want to consider the option of vacating the south half of the alley adjacent to Lot 3 , or vacating the south half of the alley adjacent to both Lot 3 and Lot 4, which is north of Ms. Greening' s property, while reserving the south half of the alley adjacent to Lot 5 for the driveway. She referred to these options, stating that they are illustrated on Exhibit's F and G in the staff report and they are also provided on the wall of the Council Chambers. She added that there are six alternatives provided in the staff report. Staff is recommending alternative No. 1, approval of the vacation of the north one-half of the remaining alley within Block 42 , while retaining a drainage and utility easement within the north one-half for the existing utilities. Chrmn. Joos asked if there were any questions of Ms. Sandbeck. Comm. Spurrier asked if the applicant proposed to change the grade on the north half of the alley, and what it would look like. Ms. Sandbeck stated that they have submitted a building permit to do grading on that property, and also to install screen fencing to provide screening from the residential property owners to the south. Mr. Hutton stated that they are planning on grading 3 feet Minutes of the Page - 8 Shakopee Planning Commission December 3, 1992 north of the center line at a 1: 1 slope, and they are putting a fence up along that 3 foot level area on the top. Comm. Spurrier asked if a 1: 1 slope was acceptable for that kind of soil. Mr. Hutton stated that this kind of slope is difficult to maintain, but it's going to be private maintenance. The applicant might want to reduce that slope for maintenance purposes. If it were a public slope and public right-of-way, the City wouldn't allow a 1: 1, but once vegetation is established, it will be sufficient. Comm. Spurrier stated concern over having the City vacate that land so that somebody can make a 1: 1 cut there. Mr. Hutton stated that the existing slope of the alley is 1: 1 and its been firmly established for many, many years. It hasn't created a situation where the alley would wash down. He stated that staff was ordered to issue the grading permit by the City Council prior to the actual vacation with the stipulation that if it's not vacated, the applicant will return the alley right-of-way to its original slope condition. That particular alley is a candidate for vacation in its entirety, and that's been discussed and looked at. The only easement that is needed is on lot 5, and there has been discussion between the owner of lot 3 and 4 and the owner of lot 5, who are related, as to having some type of private easement rather than a public easement. The public purpose of that alley is questionable. But, at this point, the alley adjacent to Lot 5 is needed for access, and has a public purpose. Chrmn. Joos asked if there were any further comments or questions. There was no response. Chrmn. Joos asked if the applicants or their representative would like to step forward and address the Commission. Kevin O'Brien, Grey Stone Construction, 1221 E. Fourth Avenue, Shakopee, stated that the existing slope is 1: 1 on the eastern portion of the lot. After that it levels off. He stated that what they have done is continued the 1: 1 slope for approximately another 5 feet at the bottom of what was an existing 1: 1 slope to give them a level area. He stated they have not disturbed the ground that is holding the neighbor' s drive. He stated that at this point they do not intend to. He stated there is a concern because of the fact they started this project and then had to stop. He stated they did not get sod down in time. They have to add some burlap and matting for next spring. At which time, they intend to sod. Minutes of the Page - 9 Shakopee Planning Commission December 3, 1992 Comm. Spurrier questioned why they need the north half of the alley vacated. Mr. O'Brien stated that the excavation to continue the 1: 1 slope goes within the 8 feet of that alley, and they also want to put the fence at what would be the property line. He stated that as they get down beyond the steep grade it gives more usable area to the property. Comm. Spurrier stated that it doesn't appear that there is any need to use the alley, but he can see having the fence up there. Chrmn. Joos asked if there was any further questions of Mr. O'Brien. There was no response. Chrmn. Joos asked if there was any more discussion on the issue. There was no response. Motion: Zak/Madigan moved to offer a motion to recommend that the City Council approve the vacation of the north one-half of the remaining alley within Block 42 , while retaining a drainage and utility easement within the north one-half for the existing utilities. Chrmn. Joos asked if there was any discussion. Comm. Spurrier asked if the neighbors have expressed any concern over this vacation. The Assistant Planner stated that staff has not received any comments in opposition to the vacation. Chrmn. Joos asked if there were any further comments or questions. There was no response. Vote: Motion carried unanimously. IX. OTHER BUSINESS: A. 1993 BOAA AND PLANNING COMMISSION MEETING SCHEDULE The City Planner stated that before them tonight was their meeting schedule for the 1993 year. Staff is requesting that the Planning Commission and the Board of Adjustment and Appeals offer a motion to approve the schedule so staff could put it into effect for the next year' s schedule. Chrmn. Joos asked if there were any questions or comments. There was no response. Minutes of the Page - 10 Shakopee Planning Commission December 3, 1992 Motion: Spurrier/Zak moved to approve the proposed schedule. Vote: Motion carried unanimously. B. 1993 PLANNING COMMISSION WORK PROGRAM The City Planner stated that staff has put together a work program for 1993 , and are looking for a review by the Planning Commission and a recommendation to City Council. He stated that staff sees this as a communication tool between staff, the Planning Commission, and the City Council, as well as other Boards, such as the Community Development Commission. He stated he feels they have been very successful in getting long range consulting fees included in the 1993 budget. He stated they tried to prioritize the plans and on the fourth page of the staff memo is the priority ranking of those six plans. He also stated they would have a Comprehensive Sewer Plan coming for their review in the upcoming months. He stated that if anyone had any questions or comments with respect to any of the plans to please make comments on the work sheets and send them back to staff. He reminded everyone that what they are requesting for an action is to offer a motion to recommend to the City Council approval of this work program, and move for its approval. Comm. Spurrier stated his concern is for the update of the Subdivision Regulations. The City Planner stated that the Subdivision Regulations are being updated in house, primarily by the City Engineer, the City Attorney, and himself. He stated they have gotten a current, contemporary, model document that will help them in this process. He stated it is about 40% to 50% complete, and they hope to complete the update within the next 4-6 months. Comm. Spurrier asked if they have a work plan for that effort, and is there an opportunity for input related to the Subdivision Regulations. He stated he personally has a number of areas of concern, particularly as they relate to layout and geometric requirements that are absent from the current ordinance. He would like to be sure that those concerns are addressed in this process. He stated they went through the sidewalk trail process, and it surprised a lot of people in the community that it came to policy making boards and was adopted. He stated there was an interest out there for public input and feedback and he would like to ensure that they have an opportunity for public input and feedback before any major decisions are made. Discussion was held on the decision making process and the need for input from the Commissioners and the community. Minutes of the Page - 11 Shakopee Planning Commission December 3, 1992 Discussion was held on the need for clear and concise drawings and the possibility of imposing some regulations and requirements for accepting adequate drawings. X. ADJOURNMENT The meeting adjourned at 9:30 p.m. 'HI OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota December 3 , 1992 MEMBERS PRESENT: Christensen, Madigan, Zak, Joos, Spurrier, Kelly MEMBERS ABSENT: Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Vice Chrmn. Spurrier called the meeting to order at 7: 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF NOVEMBER 5, 1992, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Spurrier recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: VARIANCE TO THE SIDE YARD SETBACK REQUIREMENTS AT 1100 E. 4th AVE. Vice Chrmn. Spurrier opened the public hearing to consider a variance to the side yard setback requirements at 1100 E. 4th Avenue. The Assistant Planner stated that Citizen State Bank is requesting two variances. The first one is a 6.7 foot variance from the 30 foot street side yard setback within the B-2 Zoning District, and a 1. 5 foot variance to the required 15 foot setback for impervious surfaces within the required street side yard setback. She stated the bank currently has three drive-through lanes. The applicants are proposing to construct two additional drive-through lanes to the west of the existing lanes. The most westerly lane would also contain a 24 hour Automatic Teller Machine (ATM) . Minutes of the Page - 2 Board of Adjustment and Appeals December 3, 1992 She stated that in 1980, when the original structure was constructed, there was only a 20 foot street side yard setback requirement within the B-2 Zoning District, and the 15 foot setback requirement for impervious surfaces did not exist. In October of 1979, the applicants submitted a copy of the plans for their proposed bank building, including their future expansion plans for the drive-through area. These plans included the construction of three additional drive-through lanes to the west, and the location of these lanes and their design was based upon the City Code requirements that were applicable at that time. The applicants have since scaled down their proposed expansion from six lanes to five drive- through lanes. However, variances to the City's current requirements will be necessary in order to complete their expansion plans as they have proposed. She stated that the City's adopted Sidewalk/Trail Plan has designated that a sidewalk be installed along 4th Avenue. A condition listed in the staff report requires the installation of this sidewalk. The applicant is requesting that this condition be amended to allow them to place funding for the sidewalk into an escrow account instead of requiring its construction at this time. Since there are currently no sidewalks within this immediate area, the applicants would like to defer this requirement until the City determines that a sidewalk in this area would be needed to connect pedestrian accesses on the adjacent properties. The Assistant Planner stated that a copy of the amended action requested was provided on the table. She stated that Mr. Brian Norris was present to answer their questions. Vice Chrmn. Spurrier asked if their were any questions of Ms. Sandbeck. There was no response. Vice Chrmn. Spurrier asked if the applicant would like to address the Board. Mr. Norris, representing Citizens State Bank, declined. Vice Chrmn. Spurrier asked if anyone in the audience had any comments regarding the application. There were none. Vice Chrmn. Spurrier asked if any commissioners had any questions or comments. There were none. Vice Chrmn. Spurrier stated that he had one item related to the sidewalk requirement. He stated that he had reservations against making that a requirement for a variance since it is not specifically related to the expansion of the use. He stated he could not see how constructing a sidewalk was Minutes of the Page - 3 Board of Adjustment and Appeals December 3, 1992 related to the addition of drive-up lanes. He stated he could see a condition that would perhaps require the preservation or restoration of plant material and landscaping that was lost as a result of that drive-up construction and that a condition like that would be appropriate. He would hope they would preserve that landscaping and he raised this issue because he thinks that his own view of the intent of the ordinance is to place conditions when the granting of the variances affects adjacent property such that you would want to provide some additional facility or amenity in order to mitigate the impact of granting that variance. He stated that if no one else had anything to add regarding this matter he would accept a motion to close the public hearing. Motion: Christensen/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Zak/Joos offered variance Resolution No. PC-650, A Resolution Approving a 6.7 Foot Variance from the Required 30 Foot Minimum Street Side Yard Setback within the B-2 Zoning District, and a 1. 5 Foot Variance from the Required 15 Foot Minimum Setback for Impervious Surfaces, subject to the installation of a sidewalk along 4th Avenue. Vice Chrmn. Spurrier asked for any discussion. The City Planner stated that he would like to point out the amended action requested on the table. Vice Chrmn. Spurrier asked if he had a motion to amend the motion. Motion: Christensen/Zak moved to amend the main motion and require the applicant to provide the appropriate escrow account for future construction of the sidewalk to be constructed at a date to be determined by the City. Vice Chrmn. Spurrier asked for any discussion. There was no response. Vote: Motion carried unanimously. Vice Chrmn. Spurrier asked for any discussion on the main motion. There was none. Vote: Motion carried unanimously. Vice Chrmn. Spurrier told the applicant that the action has been approved and reminded the applicant of the seven day appeal process in which anyone could appeal the decision of Minutes of the Page - 4 Board of Adjustment and Appeals December 3, 1992 the Board. He stated that if anyone had any questions regarding the variance approval, they could contact Ms. Terrie Sandbeck or Mr. Ekola. VI. OTHER BUSINESS: ROBERTS RULES OF ORDER The City Planner stated that this issue was coming before them again, and that the intent is to try to bring some consistency to all the boards. He added that the Planning Commission and Board of Adjustment and Appeals has been quite good about following Roberts Rules of Order. He stated that what was being requested was that Roberts Rules of Order be adopted as it is being used for all other Boards and Commissions. Motion: Joos/Madigan moved to offer a motion to put Roberts Rules of Order in place as the procedure for The Board of Adjustments and Appeals. Vice Chrmn. Spurrier asked if there was any discussion. Comm. Kelly stated that last month Chrmn. Mars exercised his executive power. He questioned if this action was nullifying that. The City Planner stated that he reviewed that with the City Attorney and that authority does not lie with the Chair. Vice Chrmn. Spurrier stated that he would continue to oppose this because he thinks the City Ordinance was poorly worded and rather than admit that and amend the motion and put it in a proper civilized form, it has been returned to their table. He asked if anyone else had anything to add. Comm. Zak stated that he feels enough time has been wasted on this and stated that he was voting against it because he was tired of seeing it, but hoped the commissioners would pass it so he wouldn't have to see it again. Chrmn. Spurrier asked if there was any further discussion. Vote: Motion carried 4 to 2 with Commissioners Zak and Spurrier voting against the motion. VII. OTHER BUSINESS: POLICY ON ITEMS MUTUAL TO BOTH BOARD OF ADJUSTMENT AND APPEALS AND THE PLANNING COMMISSION The City Planner stated that frequently items come to the Planning Commission and the Board that both Planning Commission and Board of Adjustment and Appeals need to review. He stated that they often become repetitive because the same action is required. He stated that two examples include the Minutes of the Page - 5 Board of Adjustment and Appeals December 3, 1992 yearly meeting schedule and the work program. He stated that because of this, they are requesting a motion to adopt a policy which would allow staff to place common items such as the work program and the yearly meeting schedule at the end of the Planning Commission agenda so it won't hold up public hearings. Motion: Joos/Christensen offered a motion to adopt a policy allowing staff to place items common to both the Planning Commission and the Board of Adjustment and Appeals on the Planning Commission agenda. Vice Chrmn. Spurrier asked if there was any discussion. There was none. Vote: Motion carried unanimously. VIII.ADJOURNMENT The meeting adjourned at 7: 50 p.m. ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR DECEMBER Category 1 - Projects Under Construction 1. Apgar Street and 2nd Avenue All construction has ceased for the winter. The remaining work to be done next year includes curb & gutter (1 block) , asphalt base (3 blocks) and asphalt wear course (entire project) . 2 . Market Street/Minnesota Street Railroad Crossings The Chicago & Northwestern Railroad still needs to install the crossing signals on both streets and the new crossing at Market Street. The railroad has been unresponsive to requests for action. 3 . Vierling Drive - C.R. 17 to C.R. 79 This project is completed for this year except for final clean up and turf restoration. The final lift of asphalt will be completed next spring. 4 . 12th Avenue Sewer and Water Project (Industrial Park) Approximately 25% of the pipe has been installed. The lift station structure has been completed. Work will continue on this project all winter. 5. Beckrich Estates All work in this new subdivision has been completed with the exception of the final lift of asphalt, which will be completed next spring. 6. New Connection of Muhlenhardt Road to C.R. 18 This project is nearly completed. Some minor grading remains, as well as the final clean up and restoration. 7. Minnesota Valley 7th Addition This project is completed for this year except for final clean up and turf restoration. The final lift of asphalt will be completed next spring. Category No. 2 - Projects in Design 1. Rahr Malting Force Main This project is in the final design phase. 2 . V.I.P. Interceptor Extension This project is basically designed. The plans need to be drafted yet. Category No. 3 - Projects Under Study (Feasibility Reports) 1. Downtown Alley Reconstruction The alley reconstruction portion of the feasibility report has been drafted. The report is not being finalized until Shakopee Public Utilities Commission completes their study on the electrical undergrounding costs of this project. 2 . Muhlenhardt Road The feasibility report is completed and was discussed by the City Council last spring. Any action on this project is currently tabled until the Special Assessment Policy is revised. 3 . Webster Street, 6th Avenue to 3rd Avenue The feasibility report was ordered on October 20, 1992 . The report is being prepared. 4 . Minnesota Street/Dakota Street/Alleys (North of 7th Avenue) The feasibility report was ordered on October 20, 1992 . The report is being prepared. 11/30/92 David E. Hutton City Engineer #iL4 . . _ 1 ici3l December 5 , 1992 TO THE CITY OF SHAKOPEEE .d:.: ..- , \We ar from ' PL Bant m B Hoc ey. And we hi k -inc - t e tit c ' t e en pt • a :ubi .e f4r u: to il. ho:kel , - e cot o' . - ma' • a'. • toe i e a . a . ' i _ he s--; , e ' 1 We feel , do to the fact that Shakopee has no Ice Arena, that the city of Shakopee should maintain the outdoor ice rinks this winter up to certain standards such as the following: try to keep the warming house open for the kids from the start of when the ice is "up" to standards until the ice season is over. Not to just dates that don' t relate to the weather. Also keep the ice maintained so the edges are solid and no bubbbles are on the rink. So, then, people can at least skate on it without getting hurt every time and so the Shakopee - Prior Lake Hockey Association than can practice on it . We are from Shakopee-Prior Lake Bantum B Hockey and we think since the city cannot even put up a bubble , they could at least maintoNin the ice and warming houses everyday. We should be able to ask this much at least . Last year the ice was like skating in a "war zone" , if you know what we mean. If you don' t know, it means that it was really terrrible and very dangerous . Although, we did really apppreciate the outdoor automatic lights, an• they helped. Ilk Tony Von Bank Age 13 C.. 1111 b. 3 I S L ewi s Si , Luke Roepke Age 14 › o j 1, 13 By cdy Crossi►i t ( Fortunely or unfortun&ly, parentally unedited. ) Supported by: / im ../.- • �- e p et n .r Pink a � cv.x.\ e_\\00L0 \(...* N.,..w,c- IN,._ C (.. - ^,,',, evite4 / ti nl� -- 2ya., �e bow ti 1 .Trio n zi� sia , ars �orctr 6,2v 1,1 /Parcell Jeirer- q /terfzman MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: December 11, 1992 RE: Court Appearances Attached is the bar chart showing court appearances including November 1992 . The times I am required to appear in court continue to far exceed the requirements in the same months in 1991. 9 Signed � , Karen Ma ty, City Attorney KEM:bjm [8MEMO2] Attachment cc: Dennis Kraft D a) a) C 0 • U c ....,L- cn U RS cn 06 cn as > L Q = H 1— cc a I ; i N a) r � N cvU) N ,�;�tiei.245 -05.2 2 i I!@S!Y/////////// ///////////////////////////////////////////// �_ V 1 IIS//////////. i///////////////// T .— C o.of o. a:s:�:•�.ybti:.'* !1{:iii:nniIII,,,,,,,,/,,,,,,,/,/„/. //////,/////////,//////////////////// o /L 111111///////i///////� ///////////////////////////////////////////////// oo •-tV 0N ^Q) ! ! t.:,. .,.:..1- .,,. _, ...1-ttitt-ttttlii)l�iiiii �oel IIIISIIM o ._- i I I rn (7)Q rn tN Q j t 1 �Illliiiii%////////, ////////////////////////////////�- iiiiiiii////// //////////////////////////////////i g 2...), t i I T - N maii:✓Amma 611011111553iiiiii%/. //////////////i el O iI I i iifii//// '/1//////////////////////////1//7/1///////? h- i,- 0 _ N itiiiiiiiil%////. /////////////////////////////i cb N1 I i remalto a) I ! t t ! ; N I1 561%/,W////i '////////////////////, TT ,////III ///////////// ; in V J C) t t N moi,,,,,////tV////////////////////////////////////////////////// � r 2 v I I i EfilaRV(611.1" rn M 1 I I i1 N 55Hii1////. //////////////////////////// T a) . o) N i ' 1 1 _N • 1 / 1 1• 1 I N • U/ // // / /// t,_ Z • r • I 1 I i ' • 1 I ► I 1 1 o to I o 0 0 0 0 0 0 o) co N co U) cr M N seouweeddy lo aagwnN TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Issuance Of Check DATE: December 15, 1992 At the request of the City Attorney, I have issued a check in the amount of $880.00 for filing fees for the Second Avenue special assessment appeals. The check was needed on Monday, December 14, 1992. The check will appear on the next bill list. TENTATIVE AGENDA HOUSING & REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1992 Chairman Robert Sweeney presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of the Special Call 3 ] Res. No. 92-9 - Amending Resolution No. 91-2 Adopting the 1992 Budget. 4 ] Other Business 5] Adjourn Dennis R. Kraft Executive Director CITY OF SHAKOPEE � ,K.. moi_ INCORPORATED 1870 '``` 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 Kai .1 December 9, 1992 Barry A. Stock, Acting City Clerk City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Stock: Please issue a call for a special H.R.A. meeting on Tuesday, December 15, 1992 at 7 : 00 p.m. This would be for the purpose of taking actions on the following matters: 1) Approving Resolution No. 92-9 amending Resolution No. 91-2 Adopting the 1992 Budget. 2) Any other business which may come before the HRA. Sincerely, Bob Sweeney Chairman Shakopee HRA The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER J TO: Dennis R. Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1992 Budget Amendment Resolution No. 92-9 DATE: December 9, 1992 Introduction Due to previous HRA actions and receipt of tax increment from TIF district #9, an amendment to the 1992 Budget is in order. Background The budget change is to allow for the transfer of the amount of administrative fees allowed in the TIF financing plan for the FMG project. The plan allows for $60,000 of administrative fees. $14,881 has already been spent for outside services in establishing the district. HRA and the Council could discuss splitting the fees between the City and the HRA if that is desired. The rational for such a split is that it is probable that staff charged some of its time to the General Fund when working on the project as opposed to charging the time to the HRA. Alternatives 1. Approve resolution as presented and make "transfer". 2. Amend resolution and approve and make "transfer". 3. Do not approve resolution and do not "transfer". Action 1. Offer Resolution No. 92-9 A Resolution amending Resolution No. 91-2 Adopting the 1992 Budget and move its adoption. 2. Move to transfer $45,000 from the FMG fund to the HRA Fund. RESOLUTION 91-9 A RESOLUTION AMENDING RESOLUTION 91-2 ADOPTING THE 1992 BUDGET WHEREAS, the Housing and Redevelopment Authority has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED that the accounts are changed as follows: Fund Account Amount HRA General 0191.3404 $45,000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1992. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form City Attorney 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 10, 1992 Mayor Laurent opened the public hearing at 7 : 00 p.m. with Councilor Lynch, Sweeney, Vierling, and Beard present. Also present: Karen Marty, City Attorney; Dennis R. Kraft, City Administrator; Judith S. Cox, City Clerk; and Dave Hutton, Public Works Director. Mayor Laurent started the meeting with some opening remarks about the proposed special assessments for the 2nd Avenue Project, No. 1991-3 and thanked everyone for coming. Public Works Director, Dave Hutton, gave his presentation of final project costs and assessment calculations. a) Street Costs b) Sanitary Sewer Costs c) Watermain Costs d) Sewer/Water Services e) Trunk Water Charges Mr. Hutton explained a number of situations on specific parcels where the current City policy on special assessments needed to be modified. Mayor Laurent asked if there were any questions from the Council of Mr. Hutton. Cncl. Beard asked if the property they were just discussing was five City lots in one block. Mr. Hutton replied that it was. Cncl. Beard asked what City service the five lots had before the improvements. Mr. Hutton stated they had no sewer, no water, and there was no street there. Cncl. Beard asked if there was anything there or if the lots were just dirt. Mr. Hutton stated that there was nothing there. Cncl. Beard asked where those lots were located. Mr. Hutton stated that it was a vacant property that Norwest was building a parking lot on. Cncl . Beard asked if there was any street through there. Mr. Hutton stated that there was no street. Official Proceedings of the November 10, 1992 Shakopee City Council Page -2- Mayor Laurent asked if there were any further questions of Mr. Hutton from staff or council. There were none. Judith Cox, City Clerk, gave her presentation on the payment options of assessments and deferment option for senior citizens. Mayor Laurent asked if there were any questions of council or staff for Ms. Cox. Cncl. Sweeney stated that Ms. Cox might want to remind people that any interest on the special assessments is an itemizable deduction on their tax return. Ms. Cox thanked Cncl . Sweeney for making that point. Mayor Laurent asked if there were any further questions for the City Clerk from council or staff. There were none. Mayor Laurent stated that at this point in the public hearing they would take citizen comments and questions. He stated before doing that he wanted to let everyone know that council and staff did receive all the letters of appeal that were submitted to them regarding the Second Avenue improvements. He stated that he wanted to remind everyone that those letters would be included as part of the record. Mayor Laurent stated that all letters whether specified or not would be taken as final notice to appeal their special assessments. Mayor Laurent turned it over to Karen Marty, City Attorney, to explain the process that needs to be taken for those wishing to appeal their assessments. Karen Marty, City Attorney, stated that in order to appeal the amount of their special assessments, they need to do one thing right away. She stated they would have to file a written objection to the amendment of the special assessment amount tonight. She stated that it has to be given to the City Clerk or the Mayor, but it has to be done before the end of the hearing tonight. The City Attorney also stated that if anyone has written a letter and decides they do not want to appeal , to just ignore it. She stated there would be no need for a withdrawal . The City Attorney stated anyone wishing to go through with their appeal must file an appeal with the court upstairs on the second floor within 10 days after service on the City' s service on the City must be within 30 days from adoption of the assessments. The City Attorney stated that the appeal has to meet the statutory requirements. She emphasized they must meet what the law says because if they don 't comply with the law, the appeal would be thrown out. The City Attorney reemphasized the need to follow the law and stated it was chapter 429 of the Minnesota statutes. Mayor Laurent stated that at this time they would welcome any comments and questions from the audience. He asked that anyone Official Proceedings of the November 10, 1992 Shakopee City Council Page -3- wishing to address the council to please step up to the microphone and give their name and address for the record and to stick to the issues at hand so that everyone would get an opportunity to speak. Jeff Segal, Mgr. of the Norwest parking lot in the Red Owl shopping center parking lot, stated that he first wanted to commend City staff and particularly Dave Hutton for making themselves available. He stated that he thought the staff has been both fair and diligent. He commended the city staff for having an appraiser double check whether the benefits of the city work compared with the amount being assessed. Mr. Segal stated that he was concerned about the City using the appraisal because the appraisal was based solely on the market approach. He stated that an appraisal based solely on the market approach determines value by comparing appraised property with similar property. He stated that seven properties have been compared with the property that he manages. Mr. Segal stated he feels that those seven properties being compared with his property have nothing in common with his property. He stated that a four page addendum to the appraisal was added within the last week. He stated that in that addendum the market approach, which the entire appraisal was based on, was tossed; and the appraiser averted to the cost approach in order to justify an additional 50% increase in value which coincidentally brought it just high enough to receive virtually an entire assessment. Mr. Segal stated that he noted three fundamental principals of commercial appraisal have been violated. Mr. Segal stated that he thinks it would be a violation of the spirit of the law for the City to assess value based on the recommendations of the report. He stated he would like the City to strongly consider the creation of a new arms length competent appraisal in order to guide the City on what appropriate assessments to make. Mayor Laurent asked if there were any questions of Mr. Segal. Cncl. Sweeney asked Mr. Segal if he was aware that they have not authorized appraisals of each parcel involved. Mr. Segal stated that it was his understanding that this was done to create a guideline and there was apparently some city requirement that any assessment over 20, 000 had to be backed up by an appraisal . Cncl . Sweeney stated that was not correct. He stated they do not have to back up the assessment. He stated they do if he appeals it but they don't have to do it in advance. Cncl. Sweeney stated it was a deliberate attempt on the part of Council as Mr. Hutton pointed out in his remarks to determine whether or not there was a basis, and the properties that were appraised were chosen deliberately as being above a certain level . Cncl . Sweeney stated they have only appraised five properties and asked Mr. Segal if he was asking them to reappraise his property. Official Proceedings of the November 10, 1992 Shakopee City Council Page -4- Mr. Segal stated that he was asking that the appraisals be by a competent appraisal. He stated that the appraisal violates three fundamental rules of a commercial appraisal. He stated that he assumed that the same problems that happened with his happened with every other commercial appraisal . He stated he didn't know about the residential because he didn't study that. Mayor Laurent asked if there were any other questions of Mr. Segal. There were none. Mayor Laurent thanked Mr. Segal for bringing that up to their attention. Curt Johnson, 1128 E. 2nd Ave. , stated that he was on the end where they have to put in their own sewer pump and stuff and wondered if Council could consider instead of paying the full 2797 . 07 like everyone else, if he could get that reduced. He stated that he went and checked what it would cost him and the pump is going to cost him a $1000. 00 and a manhole is going to cost him another $800. 00. Mr. Johnson stated he was wondering if they could reduce that by $1800. 00. Mayor Laurent asked Mr. Johnson why he was putting in a manhole. Mr. Johnson stated to have it on the outside of the house. Mayor Laurent asked Mr. Johnson if his basement was finished. Mr. Johnson answered no. He stated if he puts it in the inside of the house and he has any pump problems, when he opens up the cover he ' ll have odor all over the house. He stated it makes more sense to put it on the outside of the house than it would inside the house with the grinder pump. Mayor Laurent stated that they have installed a number of ejector pumps. In new construction they typically run $700. 00 to $800. 00. He stated that 's in new construction so it ' s going to be a little less expensive than his is. Mayor Laurent stated they typically put them in the basement level . He stated it ' s considerably less expensive than putting a manhole on the outside. Mr. Johnson stated that the grinder pump is still a $1000. 00. Mayor Laurent stated that he was agreeing with Mr. Johnson's argument and he thought it was a good argument. He stated that he would support a reduction in the assessments for those properties who don't have the same benefit of everybody else because they are going to incur costs just to be able to use the facility that they are being assessed for. Mayor Laurent stated that he was questioning the manhole approach. Official Proceedings of the November 10, 1992 Shakopee City Council Page -5- Mr. Johnson stated that he thought if it was on the outside of the house, it would make it a little easier to work on and stuff. Mayor Laurent stated that it' s definitely a way it can be done. Mayor Laurent asked if there were any more questions of Mr. Johnson. Cncl. Sweeney asked Mr. Johnson if he stated that he did not have a basement. Mr. Johnson stated that he does have a basement but that Mayor Laurent asked if he had a finished basement, and he does not have a finished basement. John Dobson, Chanhassen, Mn. , stated that he owns the property at 133 S. Prairie St. known as Shakopee Marine. He stated that on the Sewer Main Line Assessment on Prairie Street there was a sewer there all the time. He stated he ' s been hooked up to it for 20 years. He stated that on this property there is no sewer hook up into lot 4 and 5. He stated there is a hook up from lots 1 and 2 but that' s always been there. Mr. Dobson stated that he thinks they made it deeper but on lots 1 and 2 there is no hook up and there also is no water hook up to lot 1 and 2 . He stated the lot basically is going to be a lot for storage of boats and stuff for his business, but they didn't put anything into that lot. He stated there is nothing going there and he can't put it in. He stated that, for instance, if he sells the property, it ' s his understanding nothing can be done for 5 years. They're not going to dig up the street to put it in. He stated they didn't put in any mains into his property so he has no service from the water on there. He stated he didn't think there was a water line down Prairie Street but there is sewer there. Mr. Dobson stated his question is on lots 4 and 5 he' s being assessed for a Sewer Main Line assessment and he has no sewer and can't put one in. He stated on lots 1 and 2 , which would be on the east side of Prairie Street, he' s being assessed for the sewer but that sewer has always been there. He stated they put a new storm sewer down that street but sanitary sewer always was there. He stated he' s hooked up to the same manhole there. Mayor Laurent asked Mr. Hutton if he would like to respond to that. Mr. Hutton, Public Works Director, referred to his sewer map and stated that Shakopee Marine has 2 properties listed 4100-1 and 4120 . He stated the first one lots 4 and 5 of block 15 is the corner lot. He stated that is a vacant lot and there was no sewer or water anywhere near that lot available to it and, therefore, it' s impossible to develop. He stated he didn't know what Mr. Dobson had planned for it but you couldn't put any structure there. Before the project was done there was no sewer and water so that Official Proceedings of the November 10, 1992 Shakopee City Council Page -6- particular lot received Main Line Sewer and Main Line Water adjacent to it. Mayor Laurent asked if there was service brought to it. Mr. Hutton said that they talked to the property owners and at the time the indication was that they didn't want services so they didn't put them in. He stated that it's a vacant lot and if they have no plans to develop it, they don't need service as opposed to some of the other properties where they had existing houses on them. Mr. Hutton stated that there is a City Council policy that you can't cut into new streets for 5 years. He stated he didn't know if John, the inspector, mentioned that. Mr. Dobson stated that he had mentioned it. Mr. Hutton stated that it ' s important to him if he chooses to develop that but other than a parking lot he will have that 5 year moratorium. Mr. Dobson stated that it is usable to him as a parking lot but cannot be built on. Mr. Hutton stated that the second property, which is the actual marine, did have existing sewer down to the alley and there was existing service to the building there. He stated there were 2 lots there and because he had existing service to the building, he's only being assessed for one lot in case he ever wishes to break that up into two lots. He stated that was the basis for one lot, but that could probably be questioned. He stated if he's never going to break that up into two lots, than maybe he shouldn't receive the sewer assessment. Mayor Laurent asked if the building sat in one lot or if it sat in both of them. Mr. Dobson stated he thinks they're 60 ft. wide lots and it's on one lot. Mr. Hutton stated that was their basis for assessing one lot because the second lot would take sewer off the new sewer main put in Second Ave. The second lot couldn 't get service from the existing main that was there already. The building that is there now could get service from the existing sewer and, therefore, wasn't assessed. Mr. Dobson stated that they mentioned on the Water Main Line Assessment if you had the copper line in, that you wouldn 't be assessed. He stated that his water service came in from Naumkeag and came up the alley and he 's being assessed now for putting it into the main on Prairie Street. Official Proceedings of the November 10 , 1992 Shakopee City Council Page -7- Mr. Hutton stated that Mr. Dobson did receive a water credit on lots 1 and 2 . Reed Peterson, representing 612 E. 1st Ave. , questioned'what he was being assessed for. He stated his assessment was $8 , 205 . 69 . Mayor Laurent asked Mr. Peterson if this is actually where the car wash is and if it' s under the name of Cletus & Helen Link, 1217 Monroe Street. Mr. Peterson stated, yes, that it was. Mr. Hutton explained to Mr. Peterson that he was being assessed for the zonal assessment on Main Street and they go 2 1/2 lots in either direction. He stated that for the zonal assessment the policy is they spread those out over the entire block so you go 2 1/2 blocks in either direction pays for Main Street. He stated they also redid Market Street so you go 2 1/2 blocks on either side of Market Street that helps pay for Market Street. Mr. Hutton stated that since Mr. Peterson is located between the two streets, he' s paying partially for Main and partially for Market with his three lots. Mr. Peterson stated that he understood that. Mr. Peterson stated that when he built the car wash there were some things he had to do previous to obtain a building permit. Mr. Peterson stated that some of the things where they basically have taken one lot and multiplied by whatever number of lots they have for the assessment. He stated that curb and gutter was in already so he' s being assessed twice for that. He stated that the water and sewer he had to put in brand new in 1989 to finish the project. He said that from what he ' s looking at he should be assessed for the black topping on that part. He stated that people across the street are being assessed for the same thing, he just happened to have three lots, so that' s where he is feeling confused. He stated that he already put it in but he is being reassessed again over. Mr. Hutton stated that these were gravel streets that were updated by paving. The policy is they ' re assessed 100%. Mr. Hutton stated that Mr. Peterson didn't receive any sewer and water assessment at all. He stated that this was just for doing the street and he is paying the same cost per lot as the people across the street. It' s the same cost per lot. Mayor Laurent stated that none of Mr. Peterson ' s assessment includes sewer or water. Mr. Peterson stated that he already had in curb and gutter so he' s paying for that again where as the people across the street did not have it and they 're being assessed the same thing he is being assessed. Official Proceedings of the November 10, 1992 Shakopee City Council Page -8- Mr. Hutton asked if it was curb and gutter on a gravel road on only one side of the street. Mr. Peterson stated that was correct. Mr. Hutton stated that he would recommend a curb and gutter credit and apologized for the misunderstanding. Mayor Laurent asked Mr. Peterson if he had any other questions. Mr. Peterson stated that he did not have any more questions at the moment. Mayor Laurent thanked Mr. Peterson for bringing that up. Dan Gerold, 1202 E. 2nd Ave. , stated that he is in the same situation that Curt Johnson is in. He stated he is way down on the end, the last property on Second Street. Mr. Gerold stated that he has to put in a lift station in order to have city sewer. He stated he has to pump it just about a whole block so like Curt he feels that it 's unfair to be charged or assessed the full sewer lot when he has to add more. Mayor Laurent stated that he agreed with Mr. Gerold and that would be an issue that the Council would discuss tonight. He stated that he appreciated Mr. Gerold bringing that up so that Council was aware of it. Cncl. Beard asked what these people were doing now. He asked if they all had septic in their small back yards. Mr. Hutton stated that was correct. Bill Searles, 920 E. 2nd Ave. and 928 E. 2nd Ave. , stated that both of the lots have been hooked up to city sewer for 17 years that he knows of because he's lived there that long. He stated how long before that he doesn't know. Mr. Searles stated that Mr. Johnson brought up he would like to see a reduction because of his cost in hook up to the new sewer. Mr. Searles stated, okay, that he has new sewer. He stated that he was notified six days before they turned the water off that he had to get both of those lots hooked up. In six days they had to hire a contractor and get hooked up. He stated that was $2000. 00. He stated that it's already paid. It ' s already done. He stated the man came by to notify him and said he ' s been by there three times but Mr. Searles is never home. Mr. Searles stated that he works for a living, come by on an evening or a weekend. The man stated that he does not work evenings or weekends. Mr. Searles stated that he got hooked up but both his and Ruths have the same situation. He stated that he would like to have Council consider a reduction for that amount Official Proceedings of the November 10 , 1992 Shakopee City Council Page -9- because they no longer use where they were hooked up because they were told they had to hook up to the new. Mayor Laurent asked Mr. Hutton to shed some light on that because he was not sure where they were hooked up. Mr. Hutton stated that he believed Shakopee Public Utilities were the ones trying to contact Mr. Searles regarding the water shut off and they were not there tonight. Mayor Laurent asked if they could at least pass Mr. Searles comments on to Shakopee Public Utilities so that they would know the comment was made. Mr. Hutton stated that they could. Mr. Hutton stated that the two properties are in block 14 and it's lots 7 and 8 which were right there. Mr. Hutton stated that Mr. Searles could correct him if he was wrong but he believed they went out the back to the alley. Mr. Searles stated that was incorrect. He stated they went directly across the back of the lots to the manhole. Mr. Hutton stated yes that he understood they went out the back and across. Mr. Searles stated that they explained that to him and the fact that they had to hook up to the new. He stated that they have had sewer all this time but they could no longer use what they were hooked up to all these years without out-of-pocket money spent to hook up to the new, and they were only given one weeks notice that they had to hook up. Mayor Laurent stated that he understood Mr. Searles ' point. Mr. Searles stated that he just wanted them to consider it. Mayor Laurent said they appreciated it and thanked Mr. Searles. Mayor Laurent asked if there were any questions. Cncl . Beard asked if someone could enlighten him as to why the sewer that worked all those years had to be connected now at the front of the lot instead of across the back yard. Mr. Hutton stated that in the cases on some of the lots when they built their house, and he didn't believe Mr. Searles built his, but when the original home owner came in to build their house, and they have found numerous correspondence on a lot of them. If they're built right here, for instance, at the time there is no city sewer Official Proceedings of the November 10, 1992 Shakopee City Council Page -10- available. They basically had three options back then 17 to 20 years ago. One, put in a septic system. He stated this is urban Shakopee and they shouldn't be putting in a septic system in this part. That probably was rejected. Second, one way would be to not issue the building permit because there was no sewer available. That' s denying them the privilege of building their house. Third, you can build your house and have sewer, but you have to run it out the back and over to the nearest sewer on a temporary basis and at such time as city sewer main comes across the front you will pay for that. There are several properties that there is correspondence in the file from the building inspector. Whoever notified these people that they were going to let them do this but it's only temporary until the sewer is available. He stated that written correspondence wasn't in every single one so he is just saying that ' s probably what happened in all of those cases. He stated they couldn't find out a lot of times. Mr. Hutton stated he did find Mr. Searles original building permit and it indicates right on there that this would be a private sewer. He stated Mr. Searles could come in and he would show him that. He stated that was some of the basis they went by. He stated they looked at those to find out why they were allowed to be hooked up like they were because they wouldn't be allowed to be hooked up like that today. Cncl. Sweeney stated in light of Mr. Searles remarks about his job frame it might be worth while to mail him a copy of that and then he wouldn't have to take time to come to City Hall. Mayor Laurent stated that was a good point and would be done. Tom Hennes, 201 S. Market St. , stated that he had the same situation as Bill as far as his sewer and water hook up. He's always had it and it was the same contractor who put in the mess that his place has down by Bill 's place and the City approved the whole works. He stated it was Jim Hauer who put it in. Mr. Hutton stated that Mr. Hennes did not receive a Sewer Main Line Assessment because he did have sewer in the front of his house and he was hooked up to it. He stated that what Mr. Hennes received was a service line. His was replaced from the center of the street out to the property line. It was a clay service line which is no longer acceptable under city streets because clay lines have a tendency to leak sewage. There ' s only two things that are allowed. It ' s either PVC plastic pipe or extra heavy cast iron under the street. Any time they come across clay they replace those to the property line. He stated they probably didn't go any further than that. He stated they hooked up to his existing service at the property line and it ' s up to the home owner if they want to replace it the rest of the way. Mr. Hennes stated that he invites the Mayor and Council members some day when it ' s snowing to pull in his drive way and get out of Official Proceedings of the November 10, 1992 Shakopee City Council Page -11- their car and walk around behind it to the other side. He stated he would appreciate it if they would do that. Mayor Laurent asked Mr. Hennes if he could tell them what they would find if they do that. Mr. Hennes stated that they live in this town and to drive by and they will find out. Cncl. Sweeney stated that the driveway slopes and there is a substantial slope. Mayor Laurent asked which way. Cncl. Sweeney stated toward the street. Mayor Laurent asked if they were saying the garage is way higher than the street. Cncl. Sweeney stated the street was lowered substantially at that point. Mayor Laurent stated that now he understood what they were saying that the street was lowered as a result of the project and now there is a substantial slope. Richard Parris, Whole Energy & Hardware, Inc. , stated that he objected to the amount of the sewer assessment on his. He stated he objected to a lot of it but that especially because when he bought the property he asked if the building was up to code and was served by city sewer and city water at the City and they told me that it was. Now I 'm being assessed for 13 , 000 sewer, 540 water. Mr. Hutton stated that it was 540 sewer service line. Mayor Laurent asked Mr. Parris if his content was that when he bought the property he checked with the City and they said that he had sewer. Mr. Parris stated that he asked them if it had city sewer and city water of Leroy Houser and he also had an inspection done by him on the property in writing and it said also that it had that. And now he' s being charged five lots of that. Mayor Laurent asked if in fact it didn't and what did he have for city sewer. Mr. Parris stated that he had city sewer and city water but that Mr. Hutton has informed them that it wasn't up to code. Official Proceedings of the November 10, 1992 Shakopee City Council Page -12- Mr. Hutton stated that there was no water assessment. He stated there was water on the street. He stated there was no main line sewer available. There was sewer in First Avenue. There was a house on one lot and then the main warehouse takes up four lots. He stated he believed they were interconnected some how and the two are on the same sewer service that came out and ran down and tied into the manhole in First Street. Mr. Parris stated that it was his understanding when he saw them digging that the sewer line ran up to Second Street. Mr. Hutton stated that no it goes to First. He stated they didn't run anything down to Second from there. Mr. Hutton stated that based on the fact he ' s looked, he ' s talked to Mr. Parris a lot, and they have tried to look into his sewer and Karen has looked into it too as far as whether or not that is something that is assessable, and they can find nothing in the file that said the City approved of that arrangement. As far as hooking up that' s a very old building and it was done many years ago. He stated that it was not surprising that there was no city approval at least in writing to hook it up that way so that 's why it was done that way. Cncl. Sweeney stated that looking at Mr. Hutton' s carefully drawn map and the block that he pointed out, that sewer line starts at the alley and runs to First Street. Mr. Hutton stated that basically it goes to the property line because they run them up to the property line. He stated the sewer must either be at the property line or across it. If your in the middle it doesn't have to go across the property. Cncl. Sweeney asked Mr. Hutton how lots 1, 2 , 3 , and 4 benefit from having a sewer line butting on the property on lot 5 because they're separable lots. Mr. Hutton stated that they stubbed in a main. He stated a service line is four inches. Mayor Laurent stated that if Mr. Hutton is going to do that accurately he should draw that little line out. Mr. Hutton stated he was correct. He stated there was no sewer over there so if they were to sell those two lots over there how would they get service. He stated there is a main line stubbed in that is available that could be brought to all five lots at a future date. They 're not across all five lots at today 's date. Cncl. Sweeney stated that it appears to him that they're constructing on those lots exactly the issue that ' s been raised on 4095 and 4096 parcel which is a sewer in the alley to a manhole. Official Proceedings of the November 10, 1992 Shakopee City Council Page -13- Mr. Hutton stated they didn' t put in any sewer in the alley. They put in a stub which just gets it out to the curb that is available to it. He stated a service line is a four inch line that is just got the capacity to handle a residential lot or whatever. He stated if you get 2 or 3 houses on a single service line, you could have problems. Mr. Hutton stated that was what was at the other one that Cncl. Sweeney cited. He stated an eight inch is a main and whether you put the main down a city street or down the alley would depend on the conditions of how your going to develop that property. He stated he did not have a problem with the main. If they wanted to put all the sewer lines down the alley, that' s fine as long as it was an eight inch main that people could hook up to. He stated that when you have four inch service lines being hooked up to by numerous people, then you have some capacity problems. Mayor Laurent asked if all those lots had sewer service to their lot line now or not. Mr. Hutton stated no there is one building on four of them. He stated it' s an existing building on four lots. He stated it has a service to it. Mayor Laurent asked what happens if that building were torn down hypothetically and they sold the most westerly lot there. He asked if that lot would have sewer service and if they wanted to hook up to sewer what would happen. Mr. Hutton stated they could tie into the Second Avenue sewer. He stated the tracks are not an obstacle for tieing into sewer. He stated you can tunnel under the tracks. He stated there is sewer available across the tracks if that were to happen. Mr. Hutton stated that they looked at this as an existing developed property. There is a warehouse on four lots and there is a house on another lot. Mr. Hutton said what Mayor Laurent is saying is what happens if it subdivides. He stated they did not do that with any of those. He stated Shakopee Marine only received one sewer assessment because they have an existing building. He stated if he were to say what if he tore that down and divided it into two, maybe they should have assessed him for two. Mayor Laurent asked how many Whole Energy & Hardware were assessed for. He asked if they were assessed for five but they didn't get the benefit of five. Mr. Hutton stated there may be a basis for reducing that. He stated it was a difficult one for the reasons Mayor Laurent has brought up. Cncl. Vierling stated that if they had ran that pipe down the entire alley so all they would have to do is bring that service into each lot, she could see where they would have to be assessed Official Proceedings of the November 10, 1992 Shakopee City Council Page -14- for each lot. She stated it' s not quite the same as the instance where you have the pipe running almost to the end and then they have to pump into the pipe. She stated she did not see those two things as being similar. Mr. Hutton stated why put that in if there is no intention of redeveloping that lot. He stated that he agreed with what the Mayor was saying that if your going to assess for five lots, you should have ran it in on five lots so maybe there is some basis for reducing that. He stated it doesn't make much sense to run the sewer over to here when clearly he ' s got an existing warehouse that he has no intention of redeveloping. He stated they didn't want to have to tear up a new street in case it ever did redevelop so they stubbed in a eight inch sewer line making the block available for redevelopment at some future point. Mayor Laurent stated that Mr. Parris has to pay more to get the same benefit than his assessment compared to other property owners. Mr. Hutton stated that is a correct statement if he were to redevelop that lot. Cncl. Sweeney stated that maybe they should file a recordable document that says if in the event these lots are developed, the City will furnish the sewer service and it's already paid for. Mayor Laurent stated that would be another option for them to consider. Mr. Parris stated that he wanted them to consider the fact that he does have a written statement from a City employee who was a building inspector that said it had city sewer and city water. He stated he felt that should have some bearing on it also. Mayor Laurent asked Mr. Parris if that statement said that he was hooked up to city sewer and city water because he was. Mr. Parris stated that he thought that Dave Hutton had a copy of that but he did not recall . Mr. Hutton stated that the document that Mr. Parris is referring to is an appraisal that he had done by an appraiser that also was a City employee at the time. But at the time he did the appraisal he was doing it as a private appraiser. Mr. Hutton stated he believed the document said something to that effect. Mr. Parris stated that he was also a building inspector so he should have some expertise and he feels that should be considered. Mr. Hutton stated that it was clear that Mr. Parris was hooked up to city sewer and water because it was hooked up on First Avenue. Official Proceedings of the November 10, 1992 Shakopee City Council Page -15- Mr. Hutton stated that he never argued that. He stated his question is that by making that statement in the appraisal does that mean he had public sewer and water up to his property. He stated there is a difference between being hooked up and having sewer available at your property. He had no main line sewer available at his property. The nearest sewer was First Avenue. He stated he was not challenging that statement he is just saying the statement that the appraiser made was true but he doesn't think you can read anything more into it than that. Mayor Laurent stated to Mr. Parris that he thinks he has found some sentiment on the Council for looking at the assessments on his property and they would be discussing that. Mary Johnson, 1027 E. 2nd Ave. , stated that hers was another circumstance of an old sewer line going out the front of the house and like Mr. Searles if you take into consideration their happening the same happened with them. She stated they happened to come home early from vacation and were told if they didn't hurry up and do something, they had no sewer. So they had to do it immediately and she just wanted to make Council aware of that. Mayor Laurent thanked Mrs. Johnson for that information. Mr. Gelhaye who lives in Richfield, representing 837 E. 3rd Ave. , stated that his question was on the vacant lot back on Second Street. He asked if there were any restrictions on what can be built and what cannot be built on those lots. Mayor Laurent stated that yes there are restrictions as to what can and cannot be built. He stated they are described in the zoning ordinances for that particular property. He stated if he wanted to find out exactly what he could and could not do, he would need to meet with the City Planner, Lindberg Ekola, and he would be able to go through and show Mr. Gelhaye all the requirements that he would have to meet to build whatever he wanted to build on that. Mr. Gelhaye stated that it was his understanding that codes are pretty strict for building on vacant lots. Mayor Laurent stated that he believed they are comparable to what they are in other cities. He stated the cities do exercise control and Shakopee is no different from any other city in that they try to exercise control as to what can be built on particular property, where it can be built, and how it can be built has to meet code. He stated he thinks Mr. Gelhaye would find City Staff to be fairly helpful explaining what he would need to do. Mr. Segal stated that he wanted to go a little bit into why a new appraisal is justified. He stated that before the work was done, the property that is now Norwest parking lot was not economically Official Proceedings of the November 10, 1992 Shakopee City Council Page -16- feasible to develop. He stated that right now it is not economically feasible to develop. The only feasible use for that property is for parking or storage for an existing First Avenue business, and he thinks that' s the same for all commercial property on Second Avenue. A parking lot and storage requires no water, no sewer, no fancy street behind it. He stated that he thinks it's unfair to have the City intentionally do an assessment that's 10 to 20 times what it is going to be after going to court, and it's unfair that they have to go to court. He stated he thinks it can be solved by an arms length appraisal. Mr. Segal stated he also wanted to throw out a compromise that he kicked around with Dave Hutton, Public Works Director. He stated that he wouldn't be bothered so much for being assessed for things like water and sewer if he eventually wound up using it, and instead of doing an assessment, perhaps doing some sort of contingent tax liability that in the event if he ever uses water, he gets charged for the water. If he ever uses the sewer, he gets charged for the sewer. And if he builds a building, he will pay for the fancy street. Mayor Laurent asked Mr. Segal if what he was asking for is a deferred assessment without interest until use. Mr. Segal stated that the justification in the value is not there. He stated if they're assuming, as he heard mentioned by some members of City Staff, that they're going to be able to develop 20, 30 years in the future. He stated if they take the amount he is paying now, discount that out at 7 3/4% thirty years in the future, it's about five cents on the dollar. He stated he just wanted to throw that out as a possible compromise. Mayor Laurent stated that they would discuss it. Mr. Peterson stated he had one other question about what is considered a credit on a certain lot. Mayor Laurent stated that the cases they had been discussing had to do with whether some of the lots that happen to be together were not receiving full benefit of other lots in the area. And in the one case it was because they were together that they didn 't get all the services they would have gotten if it would have been separated. And yet the assessment role shows them being assessed the full assessment for every lot. That raised a red flag to Council that it may not be fair. He stated that in Mr. Peterson's case his assessment was a zonal assessment so it's not apples and apples. Mr. Dobson stated that he just wanted Council to consider that on his parcel 4100-1 lots 4 and 5, it's just a parking lot and it's part of his business even though it ' s across the street from his business. He stated that he feels it ' s really an unbuildable lot Official Proceedings of the November 10, 1992 Shakopee City Council Page -17- so he would like Council to reconsider the assessments for that lot. Mr. Hutton stated that as far as he knew it was a legal and buildable lot and that is why it was assessed. He stated that if it in fact is not a buildable lot, than Mr. Dobson would have a good case. Discussion was held by Council about whether Mr. Dobson' s lot was a buildable lot. Mr. Peterson stated that he had an unbuildable lot too. Because of the zoning setbacks he can't build anything on his property so he's paying for both ends and not getting any benefit. Mr. Hutton stated that all the discussion they' re having on unbuildable lots pertains only to the sewer and water assessment so he would still get a street assessment. Mr. Johnson questioned when they would know on the Councils decision. Mayor Laurent stated that they could possibly know tonight because after they close the public hearing, Council would go into discussion. Mayor Laurent asked if there was anyone else who would like to address the Council. There was no response. Mayor Laurent closed the public hearing at 8 : 50 p.m. Discussion was held by Council on whether decisions could be made tonight or if they would need to table their discussion until some questions could be answered. A brief discussion was held on each of the topics brought up and discussed earlier by Council and members of the audience. Sweeney/Beard moved to table the resolution which would adopt the special assessments for the Second Avenue Project until the November 17th meeting. Motion carried unanimously. Mayor Laurent explained to everyone that a decision had not been made on the special assessments but would be decided on at the November 17th meeting. He stated that anyone who submitted a written objection tonight would have the opportunity to appeal any decision made on the assessments on their property within 30 days of the November 17th meeting. Official Proceedings of the November 10, 1992 Shakopee City Council Page -18- Sweeney/Lynch moved to adjourn. Motion carried unanimously. The City Council Meeting adjourned at 9 : 20 p.m. VA4 f). (9 J d th S. Cox C y Clerk Nancy Deziel Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 17 , 1992 Mayor Laurent called the meeting to order at 7 : 03 P.M. with Councilmembers Lynch, Sweeney, Beard, and Vierling present. Also present were Barry Stock, Ass't City Administrator; Karen Marty, City Attorney; Dennis Kraft, City Administrator; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; Dave Hutton, Public Works Director/City Engineer; Gregg Voxland, Finance Director. Mayor Laurent deleted from the agenda 111. General Fund - Fund Balance. Beard/Vierling moved to approve the agenda as corrected. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Mayor Laurent suggested removing 12c, Resolution No. 3704 - A Resolution Setting the Public Hearing Date to Consider the Vacation of the Alley within Block 42 , Shakopee Plat, from the consent business. Cncl. Sweeney asked to have llh, Reclassification of Park Reserve Fund from the Special Revenue Fund Type to the Capital Projects Fund Type, taken off the consent agenda. Sweeney/Lynch moved to adopt the consent business as modified. Motion carried unanimously. Vierling/Beard move to approve the minutes of Oct. 20th and 26th. Motion carried unanimously. Sweeney/Lynch directed the City Attorney to prepare the appropriate ordinance to continue the lodging tax for an additional three year period. (Motion carried unanimously under consent business. ) Mayor Laurent continued the public hearing on the vacation of Minnesota Street North of the alley located North of 7th Avenue. Mr. Ekola explained that Mr. Menke was requesting Council to support the vacation of this portion of Minnesota Street which would be subject to approval of the final plat for the Milwaukee Manor PUD and also the retention of a 20 foot wide drainage easement for the existing water main in the Minnesota Street right- of-way. ight- of-way. • �. Official Proceedings of the November 17 , 1992 Shakopee City Council Page -2- Cncl. Vierling had questioned the designation of the streets and the housing capabilities of this area. Mr. Ekola informed her that the streets would be viewed as public streets and were researched to come within the limits of 1, 000 trips per day. Ms. Marty informed Council that the problem with vacating the portion at this time is that if the PUD did not develop then Council would have foreclosed and lost that piece of right-of-way. However, if the PUD develops, Council would want to be able to vacate at that time. Ms. Marty stated that Staff would favor an intent document to indicate that Council does favor the PUD developing the way it 's proposed, but leaving the vacation undone but to occur at a later date when the PUD does go through. Discussion followed. Mayor Laurent closed the public hearing. Sweeney/Beard moved to vacate the portion of Minnesota Street North of the alley between Block 309 and 314 of Wermerskirchen's Addition, subject to approval of the final plat for Phase 3 of the proposed Plan Unit Development for Milwaukee Manor and the City retaining a 20 foot wide public drainage and utility easement for the existing water main in the Minnesota Street right-of-way proposed for vacation, and move its adoption. (Resolution No. 3711) Motion carried unanimously. Sweeney/Lynch moved to remove Ordinance No. 347, An Ordinance Amending the Zoning Map to Rezone an 8 . 75 acre site from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid- Density Residential) , from the table. Motion carried unanimously. Mr. Ekola told Council that the Planning Commission recommended that the subject sight be rezoned to R-3 with the exception of a small triangular portion on Market Street. Mr. Ekola proceeded to inform Council exactly what each of the zoning numbers stood for. Sweeny/Vierling offered Ordinance 347 , An Ordinance Amending the Zoning Map to Rezone an 8 . 75 acre site from R-4 and R-2 to R-3, and moved its adoption. Motion carried with Cncl. Lynch dissenting. Mr. Hutton summarized the adjusted assessments Staff had made on the 2nd Avenue Project as requested by Council . The first adjustment was for Whole Energy & Hardware. Staff determined that this property should receive a sewer assessment of 2 1/2 lots rather than 5 lots. The second adjustment was for Curtis Johnson and Dan Gerold. Staff found that the cost of installing injector pumps would be higher than estimated. Staff also recommended a 50 percent credit. Official Proceedings of the November 17 , 1992 Shakopee City Council Page -3- The third item adjusted was the Canterbury Car Wash. Staff found there was existing curb and gutter along the Main Street and it was not removed but left in place. Therefore, Canterbury Car Wash should receive a credit for $786, 54 . The fourth issue was the Shakopee Marine. Staff recommended that this assessment remain as originally proposed since it is a buildable lot. Mr. Hutton informed Council that three new possible credits had arrived since the last meeting. He said that they too have been incorporated into the new assessment role. Darlene Davies property had received two assessments and with further review, Staff decided that since the second lot is un- buildable unless the house would be removed, that it should have received only one assessment. Shakopee Marine property also had two lots involved (Lots 1 and 2) . However, the second lot is un-buildable and Staff recommended that the second lot not be assessed for sewer. Staff further recommended that this lot be legally consolidated into one lot. William Vohnoutka and Robert Drury had contacted Mr. Hutton and informed him that in 1979 they had installed new sewer and met all City codes at that time. Therefore, Staff has eliminated the sewer service line assessments for these two parcels. Discussion ensued about properties who had long service lines or shared service lines and no City main line sewer available to their property prior to the 2nd Avenue improvements. Sweeney/Lynch moved that the main line sewer assessment for the 2nd Avenue Project, for the parcels listed in item #13 of the non agenda info memo (CC Doc #197) ; except parcel #3 (27-001846-0) be cut in half, and parcel #3 be assessed for two lots instead of two and one half lots . Mr. Hutton explained the rationale and Council policy to assess these properties 100% when the City main line sewer is made available to their property. Mr. Hutton stated that he felt Cncl. Sweeney' s proposal was a fair middle ground. Motion carried unanimously. Sweeney/Vierling moved that the assessment policy be modified so that if a property is currently connected to the City sewer system that it be assessed no more than 50 percent of the assessment for un-sewered properties. Official Proceedings of the November 17 , 1992 Shakopee City Council Page -4- Mayor Laurent stated that Staff should draft a policy change and bring it back for review. Motion carried unanimously. Beard/Lynch offered Resolution No. 3703 , A Resolution Adopting Assessments for 2nd Avenue, Between Sommerville Street and Various Abutting cross Streets, Project No. 1992-3 , and moved its adoption with the exceptions noted. Vierling/Sweeney moved to raise the City main line sewer credit to 75 percent rather than 50 percent for the Johnson and Gerold properties. Motion carried unanimously. Main motion as amended carried unanimously. Mrs. Susie Indrehus came forward to discuss Lot 8, Block 29 in East Shakopee located right behind the Happy Chef. Mrs. Indrehus informed Council that this is an empty lot and a non-sellable lot and yet it was assessed for $11, 700. Ms. Marty informed Mrs. Indrehus that she would need to file an appeal with the City within 30 days, if she wished to appeal the assessment. Mr. Bill Searles came forward to discuss the snow emergency signs/no parking signs put up on 2nd Avenue. Mr. Searles stated that now he cannot park in front of his house, nor can he park in his alley during the winter season because it is not plowed in time for him to get to work. Mr. Searles suggested putting up signs that said no parking for a certain time during the day. Mr. Hutton explained that the intent of the parking restrictions were to restrict parking for snow plowing reasons. The signs say no parking from November 15 to April 1st, but Mr. Hutton explained that they should reflect no parking only when snow plowing is in effect. Mr. Hutton also stated that Mr. Searles could park on 2nd Avenue any day of the winter. Mr. Hutton stated that the only reason these signs say "no parking" is because these were the only signs available at the time and others have been ordered by the City and should be in place by December 1st. Curt Johnson, 1128 2nd Avenue, inquired whether Council would consider looking at any appeals without going to court and having lawyers involved. Mayor Laurent informed Mr. Johnson that was not the intent of Council. He said that it is Council 's intent to adopt the assessment role as it is. It is Council ' s feeling that these properties have been assessed the same as other properties somewhere else and as they will do in the future. Official Proceedings of the November 17 , 1992page -5- Shakopee City Council Beard/Vierling moved to remove lib, Brambilla SAC Charge, from the table. Motion carried unanimously with Cncl. Lynch not present for the vote. Mr. Stock stated that Staff is recommending that Council stand by the policy that was set forth this past April and that no SAC credits or transfers be allowed, as requested by Mr. Brambilla. Mr. Krass, on behalf of Mr. Brambilla, inquired what Council would do in a situation where a SAC charge had been paid for a building which is going to be removed and policy says that the SAC charge should stay with the land. But now in this situation the land is being taken for public use, there is not going to be a building on the land and it' s being moved to a different area of the City. He said that this situation was not thought about when the policy was adopted. Mr. Krass stated it was unfair to make someone pay twice for the same land when it would never be utilized a second time. Sweeney/Vierling moved to amend the SAC credit policy to allow for the transfer of SAC credits to a property owner who relocates from a site that will not experience further development because of conversion to a public use to a new development site within the community. Cncl. Sweeney held discussion against the motion. Cncl. Sweeney modified the motion specifically because the condemnation award encompasses the value of the property and those values do include any usages and connections. Motion fails unanimously. Cncl. Sweeney inquired whether the intersection of County Road 17 and 10th Avenue, would become an intersection of two County Roads, such as 16 and 83 so the signalization would be at the total expense of the County. Mr. Hutton responded. Discussion also followed on the ambiguity in the paragraph of the agreement on cost sharing for the signals proposed at CR-16 and CR-83 . Sweeney/Vierling moved to table Resolution No. 3710, A Resolution Authorizing the Execution of Cooperative Agreement No. TS 92- 17/10th with Scott County for the Installation of Traffic Signals at the Intersection of County State Aid Highway 17 and 10th Avenue. Motion carried unanimously. A break was taken at 9 : 15 pm. Mayor Laurent reconvened the City Council meeting at 9 : 25 pm. Mr. Kraft distributed photographs of the alley in Block 42 . Mr. Kraft stated that Ms. Lee and Mr. Blood requested that the alley be vacated for parking purposes. Ms. Lee and Mr. Blood want to grade the remaining 7 feet and then level it off again. Official Proceedings of the November 17 , 1992 Shakopee City Council Page -6- Sweeney/Beard moved to authorize issuance of a grading permit with the provision that if the alley is not vacated that it is to be returned to its present state. Cncl. Vierling had concern about the power lines and poles. Mayor Laurent stated that they would stay as is since there is no need to access the second pole because there is not a transformer on that one for maintenance. Ms. Marty suggested Council add a condition to the motion that they would have to indemnify and hold the City harmless for any work done in public right-of-way. Cncl . Sweeney and Beard agreed to the addition to this motion. Mr. Kraft recommended not vacating the entire alley, just specifically the negotiable half of the alley and possibly the Southern half on lot 3 . Motion carried unanimously. Sweeney/Beard offered Resolution 3704, A Resolution Setting the Public Hearing Date (December 15, 1992 , at 7 : 00 p.m. ) to Consider the Vacation of the Alley within Block 42 , Shakopee Plat, and move its adoption. Motion carried unanimously. Lynch/Vierling moved to remove lld (filling new position in the Finance Department) from the table. Motion carried unanimously. Cncl. Sweeney proposed that Council emphasize that time would be spent 50 percent in Finance and 50 percent in Administration. He also wanted the position title to read "Accountant/Research Analyst" . He wanted the position description to read that the employee would be under the supervision of the Finance Director and the City Administrator. Cncl . Sweeney also wanted to remove the word "Also" in the second sentence and insert language to make it clear that the employee would be assisting the Finance Director 50 percent of the time and assisting the City Administrator 50 percent of the time. Sweeney/Vierling moved to fill the position of Accountant/Research Analyst with the modifications mentioned. Motion carried unanimously. Lynch/Vierling motioned to direct Staff to enter into an agreement with Marketing Arts, Inc. for design services for the creation of a logo for the City of Shakopee. Motion carried unanimously. Sweeney/Lynch moved to grant a waiver on the City of Shakopee Noise Ordinance to Lunda Construction, to allow construction to occur on the Bloomington Ferry Bridge between the hours of 6 : 00 A.M. to • Official Proceedings of the November 17 , 1992 Shakopee City Council Page -7- 11: 00 P.M. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to approve bills in the amount of $1, 895 , 899 . 42 . (Motion carried unanimously under consent business. ) Cncl. Sweeney wanted to clarify that if the Park Reserve Fund was reclassified that a later Council could change it for further use. Mr. Voxland said that it could be changed at a later date. Sweeney/Lynch moved to approve of the reclassification of the Park Reserve Fund from the Special Revenue Fund Type to the Capital Projects Fund Type. Motion carried unanimously. Sweeney/Lynch moved to approve the following transfers: 1) From South Bypass Capital Projects Fund to 1991 Improvement Capital Projects Fund $53 , 375 . 00 for TIF funding of Second Avenue rail road crossing. From South Bypass Capital Projects Fund to 1987A TIF Debt Service Fund - $36,735 . 50. 2) From 1986A Improvement Refunding Debt Service Fund to General Fund - $82 , 158.71. Interest earned by this fund in 1992 will accrue to the General Fund. 3) From 1988 Improvement Capital Projects Fund to 1988A Improvement Debt Service Fund - $52 , 080 . 20. 4) From 1989 Improvement Capital Projects Fund to 1990A Improvement Debt Service Fund - $218 , 667 . 97 . 5) From TIF Trust Fund to 1987A TIF Debt Service Fund - $341, 300 . 00. 6) From TIF Trust Fund to 1988B TIF Debt Service Fund - $120, 000 . 00 . 7) From TIF Trust Fund to 1989A TIF Debt Service Fund - $415, 000. 00 . 8) From TIF Trust Fund to 1986A TIF Ref . Debt Service Fund - $255 , 000. 00. 9) From TIF Trust Fund to 1986B TIF Ref . Debt Service Fund - $190, 000. 00 . (Motion carried unanimously under consent business. ) Official Proceedings of the November 17, 1992 Shakopee City Council Page -8- Lynch/Vierling moved to authorize the carryover of 40 additional hours of earned vacation time for Lindberg Ekola into 1993 and that it be on a one-time basis. Mr. Kraft suggested adding a provision that the 40 hours be taken in the first six months of the year or be lost. Mayor Laurent inquired of Mr. Ekola whether he would be taking the 4 weeks at the same time. Mr. Ekola said that he would not. Motion carried unanimously. Sweeney/Beard offered Resolution No. 3702 , a Resolution Changing the Fiscal Disparities Contribution for Tax Increment District Number 4 , and move its adoption. Mayor Laurent questioned whether this tax money went back into the pockets of the tax payers in Shakopee. Mr. Voxland said that 80 percent of it would. Motion carried unanimously. Mayor Laurent wanted to know how many volunteers work for the City that do not belong to another private organization. Mr. Stock was unclear on what a private organization consisted of. Mr. Stock stated that if the sports activities, etc. , are considered private organizations then there were not many volunteers who did not belong to some form of organization. Vierling/Sweeney moved to table the Volunteer Accident Insurance Coverage. Motion carried unanimously. Sweeney/Lynch moved to authorize City officials to execute a farm lease with Gene Hater for 1993 under the same terms as 1992 . (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to acquire the panel systems furniture from Facility System, Inc. Office Pavilion (State Government Contract) in the amount of $40, 006. 94 . (Motion carried unanimously under consent business. ) Mayor Laurent abstained from discussion on the amendment to the Stonebrooke PUD and passed the gavel to Cncl . Vierling. Ms. Cox proceeded to inform Council what Stonebrooke Golf Course was requesting. Beard/Sweeney moved to authorize the appropriate city officials to release all parcels not owned by Stonebrooke Golf Course from the condition requiring insurance coverage contained the Addendum to Planned Unit Development Agreement for Stonebrooke First Addition Official Proceedings of the November 17 , 1992page -9- Shakopee City Council (recorded as documents 46491 and 261545) . Motion carried with Mayor Laurent abstaining. Cncl. Vierling returned the gavel to Mayor Laurent. Mr. Kraft stated that Cncl. Beard and Cncl. Vierling would be at the meeting for the League of Minnesota Cities, and if Council had any questions or concerns on the 1993 City Policies and Priorities to mention them and Mr. Kraft would bring them up at the meeting. Cncl. Vierling abstained from participating in Resolution No. 3705 for personal reasons. Sweeney/Lynch offered Resolution No. 3705, A Resolution Adopting Assessments for Vierling Drive, Between County Road 18 and County Road 79 , Project No. 1992-3 , and move its adoption. Ms. Marty informed Council that Staff did not have time to get the deferral language put into the revised resolution, but Staff is going to put it in pursuant to Council ' s previous direction. Mr. Hutton stated that the trees would be dropped from the assessment. Mayor Laurent suggested that the issue of the sidewalks be discussed further at a later date. Motion carried with Cncl. Vierling abstaining. Sweeney/Lynch moved to offer Resolution No. 3700, A Resolution Setting the Public Hearing Date to Consider the Vacation of the East 30 feet of the North 150 feet of the Utility Easement Reserved within the Vacated Portion of Clay Street between 3rd Avenue and 4th Avenue, and move its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to offer Resolution No. 3707 , A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Heritage Place 4th Addition, and moved its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3701, A Resolution Canceling Debt Service Levies for 1993 , and moved its adoption. (Motion carried unanimously under consent business . ) Sweeney/Lynch offered Resolution No. 3706, A Resolution amending Resolution No. 3496 Adopting the 1992 Budget, and moved its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3708 , A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, and moved its adoption. (Motion carried unanimously under consent business. ) Official Proceedings of the November 17 , 1992 Shakopee City Council Page -10- Sweeney/Lynch offered Resolution No. 3709, A Resolution of the City of Shakopee requesting the use of a Scott County Building for Police Training, and moved its adoption. (Motion carried unanimously under consent business. ) Mayor Laurent adjourned the City Council meeting at 10: 15 pm for an executive session to discuss collective bargaining. Mayor Laurent re-convened the meeting at 10: 29 p.m. No action was taken by the Council during the executive session. Mayor Laurent adjourned the meeting at 10: 29 p.m. Utt6q1(. 0 - 6/k Jaz ith S. Cox Ci -y Clerk Debra Zabel Recording Secretary -meq Q., MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of the Remainder of the Alley within Block 42, Shakopee Plat DATE: December 4 , 1992 INTRODUCTION: City Staff has received a petition from Nancy Lee and Patrick Blood, owners of Admiral Waste Management, to vacate the northerly one-half of the remainder of the alley within Block 42 , Shakopee Plat. At their December 4th meeting, the Shakopee Planning Commission recommended approval of the request for the vacation of the alley. The City Council will hold the public hearing on December 15, 1992, to consider this vacation request. BACKGROUND: At the September 5, 1991, meeting of the Board of Adjustment and Appeals, the Board approved a variance to the minimum lot size requirement for Nancy Lee and Patrick Blood to allow the construction of a recycling facility on Lots 6, 7, 8, and 9, located along the northern portion of Block 42 . During the research for the staff report for the variance request, staff's interpretation of Ordinance No. 282 was that it vacated the entire alley within Block 42 , Shakopee Plat, in 1968. Based upon this interpretation, staff approved their Application for a Building Permit to allow grading on the northern 8 feet of the alley, and to construct a screening fence within this area. A recent legal opinion has revealed that this ordinance vacated only the western portion of the alley. Rather than refrain from any work within the remainder of the alley, Nancy Lee and Patrick Blood have submitted a petition requesting the vacation of the north half of the remainder of the alley within Block 42 in order to complete the project as originally intended. The alley within Block 42 was platted as a part of Shakopee Plat in 1858. The western 60 feet of the alley between Lot 1 and Lot 10, and the south one-half of the 60 foot section of the alley between Lot 2 and Lot 9 was vacated in 1968. A utility easement was reserved over the portion of the vacated alley. Attached is a copy of the zoning map showing the Lots within Block 42 which are located adjacent to the remaining alley. (See Exhibit A. ) Also attached is a larger copy of the area which shows the remaining alley. The petitioners own Lots 6, 7, 8, and 9 , located within the northern one-half of Block 42 . They have petitioned to vacate the north half of the remaining 240 feet of this alley. (See Exhibit B. ) DISCUSSION: At their meeting on November 17, 1992, the City Council set the public hearing date for this vacation request for December 15, 1992 . At the request of Kevin O'Brien of Greystone Construction, a representative for the petitioners, the City Council directed the City Engineer to issue a permit for work in a public right-of-way to allow the applicants to continue their project at least until the public hearing date. A condition of this permit requires that, if the City Council elects not to vacate at least the northerly one-half of the alley, the applicants will restore it to its original 2: 1 slope. On November 18, 1992 , the City issued this permit to the petitioners. The existing alley has approximately a 2: 1 slope on the north side, and drops off sharply within the area between Lot 3 and Lot 8. A driveway which provides access to the tuck-under garage for the Florence Greening home (located on both Lot 3 and Lot 4 on the south side of the alley) crosses the southerly portion of the alley and the northerly portion of Lot 5. Ms. Greening appears to be the only property owner adjacent to the remaining portion of the alley who uses it. Access to Ms. Greening' s garage must be protected. In addition to vacating the north half of the alley, the Planning Commission may want to consider the option of vacating the south half of the alley adjacent to Lot 3 , or vacating the south half of the alley adjacent to both Lot 3 and Lot 4 (north of Ms. Greening's property) , while reserving the south half of the alley adjacent to Lot 5. (See Exhibits F and G. ) This option would reserve the access to Ms. Greening' s garage, and provide Ms. Greening with ownership of the property on which the access drive is located on Lot 4 . Attached are photographs of the site which illustrate the location of this access drive, as well as the steep topography of the site. Due to the topography of the site, the vacation of the western portion of this alley, and the vacation of Clay Street, it is highly unlikely that this alley would be reopened and provide a connection to public streets to the west. There is currently an overhead electrical line located along the northerly edge of the remaining alley and within the utility easement that was retained when the City vacated the western portion of the alley. If the City Council chooses to vacate the remainder of this alley, or a portion of it, staff recommends that the City retain a utility easement within the area where the alley currently exists. The petitioners plan to construct a screen fence along the center of the alley if it is vacated. Shakopee Public Utilities has commented that the existing power poles must remain accessible to them, and they have discussed this requirement with a representative Greystone Construction Co. Minnegasco has commented that there is an existing gas main which serves two property owners to the south of the alley, and is located easterly of a southerly extension of the westerly lot line of Lot 7 . If the City chooses to vacate this portion of the alley, an easement must be reserved for this gas main. The 1990 draft Comprehensive Plan has designated the area for industrial uses. Vacating a portion of the remaining alley for Admiral Waste Management will not conflict with the goals of the Comprehensive Plan. ALTERNATIVES: 1. Vacate the north one-half of the remaining alley within Block 42 , while retaining an easement within the north one-half for the existing utilities. (See Exhibit E. ) 2 . Vacate the north one-half of the remaining alley, and the southern portion of the alley adjacent to Lot 3 within Block 42 , while retaining an easement for the existing utilities. (See Exhibit F. ) 3 . Vacate the north one-half of the remaining alley, and the southern portion of the alley adjacent to Lot 3 and Lot 4 within Block 42, while retaining an easement for the existing utilities. (See Exhibit G. ) 4. Vacate the remaining alley within Block 42 , Shakopee Plat, while retaining an easement for the existing utilities. 5. Deny the application to vacate the remaining alley within Block 42 , Shakopee Plat. 6. Continue the public hearing to allow the petitioner or staff to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1, approval of the vacation of the north one-half of the remaining alley within Block 42 , Shakopee Plat, while retaining an easement within the north one-half of the alley for the existing utilities. STAFF RECOMMENDATION: After further review, staff would recommend that the area to be retained as easement include public drainage purposes in addition to the public utility function. Resolution No. 3716 has been drafter to include the drainage provision (Condition 4) . ACTION REQUESTED: Offer Resolution No. 3716, A Resolution Vacating the Northerly Eight (8) Feet of the Remaining Alley, Lying South of Lot 6, Lot 7, Lot 8, and Lot 9 , Block 42 , Shakopee Plat, and move its adoption. RESOLUTION NO. 3716 A RESOLUTION VACATING THE NORTHERLY EIGHT (8) FEET OF THE REMAINING ALLEY, LYING SOUTH OF LOT 6, LOT 7, LOT 8, AND LOT 9, BLOCK 42, SHAKOPEE PLAT. WHEREAS, a 16 foot wide alley has been dedicated within Block 42 , Shakopee Plat; and WHEREAS, the westerly 60 feet of the alley between Lot 1 and Lot 10, and the south one-half of the 60 foot section of the alley between Lot 2 and Lot 9 was vacated in 1968; and WHEREAS, it has been made to appear to the Shakopee City Council that the northerly 8 feet of the remaining portion of the aforementioned alley serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7 : 00 P.M. on the 15th day of December, 1992 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. ) That it finds and determines that the vacation hereinafter described is in the public interest; 2 . ) That the northerly 8 feet of the remaining alley within Block 42, Shakopee Plat, serves no further public need; 3 . ) That all that part of the northerly 8 feet of the remaining alley, lying south of Lot 6, Lot 7 , Lot 8, and Lot 9, Block 42 , Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; 4 . ) That the City reserves, however, to the City of Shakopee its licensees and franchise holders a perpetual easement on, under, and over the said vacated alley, for drainage and utilities with the right to install, maintain, repair, lay, and relay the drainage and utilities by the City, its licensees and franchise holders; and 5. ) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A AG L r —/f - �.. ....�• ' Jar-. • - : f - /- i .- --- -- •---. -. _-• - �i•• _ �.� !'. -''/ -dam --- _ - '- �•',• _ - `- 1 •- - -• �n.. ---=. _ _- 3 . -_ __ ,i'1/ i - _,e ms a.� A .---':::.g `s+ - _ - --,' • AG AGRICULTURE • : • • = •.. =:r: ..... R 1 RURAL RESIDENTIAL _ . ` " -" R2 URBAN RESIDENTIAL _• _ - -- -.-- R3 MID-DENSITY RES. ` ' R4 MULTI FAMILY RES. B1 HIGHWAY BUSINESS • B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS • R 2 I1 LIGHT INDUSTRIAL .. 12 HEAVY INDUSTRIAL • S SHORELAND . FLOODPLAIN DISTRICT -.,-•, < • - -•-•• MANDATORY PUD ;-- RTD RACETRACK DISTRICT - Zoning Map City of SHAKOPEE • e a E�'BIBIT B IN _ • P ▪ C ': Y I; `. "ult •-° _• ="''- 7.; _ CJI; ; .•. i :i ▪ —[ • e—3 7 -3 1 71 L t • • •_ • M L• i a: t - �C r—, _ r i :r : l • ‘. 1..e \ tf ' P' • ‘ .. 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J C 0 ` _= \ \\\ _....\,„.s_-- ....„:„--\ , \.i\ • v.7..0%. .,,. - __ ..., r ci......\__ yf�� .---- • 1 in l° (�mate° • SI-RE . _.�' ,i_ _... ..._, _. , ,. z s .... . t- EXHIIBIT D PETITION FOR ALLEY VACATION BLOCK 42 , SI- AKOPEE PLAT .. r '. •, _ ,• r , .f.,..,-,!. „.•Y •'twit-. •��• iii :arGo�i a�YY ;�� I7. t -,�. - -tea.. lz 0E-.•...7.4&-► T % •_ -' `t�--g---,. �_ <z_+�•.b• `r-- • , t 'it • -. errs ir � s'rC'' ?•i[KS. ir•40.4 a 7.1.14._ + .+._Tac .i, .- ti=.� : _ X Ix:r"' •:. ."- tY. • - ` - .55 .iii:,4 .i 1 • ..-.,�" y.•-a�._ . 4eirA Alley ' T. o- �;- 4-- Center of �,..�,.. �.., . «j4c — - - yY 'mow =- -- . - -+ ' K.= r•-'S. r.�w1..--� =.--� •a-�-+ ,o•'.ice r .. . . _- .,.. ai - te -_ , i<•. ._.. . gf f 4 f-t -h-. .,..--.434i ."-i.'=- •••-•••••.- - ,tr•. :: _ ? T: �f _ #- • ,-. 1 ' .tr • - r_ . • _.r •- .• ... ...r - „"ate -:'s! -, -' . .s..w - ^ :r1-. spa `� -.7...1.;;,.4.' .rte t•.'•'...".' �}r y:.:rrx rYy -' �, _ �'•�`° • -•, Y T-.•, r -_I). may; �Y X 'S !i .nr{��....�.�• !13f�-r `_�-s.`s_•.x n' -r./r.' • • }•t w yam, ,.mss.., . , -+.:-_ _.7•Z`.7."2":,..-.. - 1,,'!•'.,,- • -r, .. b- -- --..:4--' `=w `':41%.-7e..• 5 :.l-+-�;i ,r 'i* 1 e"..ictY,n '-. 'may 1 �, I"S,J„Iria+. J -il'`' •,--,-- '.Y.�.�• ]+ .1rJE:��yY C_L..w��.c.s au „ •••;;;;;..;.:Q.,,,..'�••-6.6,-,-g; -. , --- • ...4--"..t".;"-*- ' •'-'7_.,-;:,-'."...•:-..,. `h.' F - `-1-•- Center of Alley^ . i M 1.` .''- •t ifs a.• '�-� �;ut.?Lv�.. y1 :Y''QilR"- ` 4. > ? i-• -: �'T,...„-4.,-.. ,,_ n1- . --;s -� ..T-,>,� y • 1►_' ..ice 'yyig dl .•:i _••_c - c . s. ▪ ` • SrJZ :�a'a yG s[ :notcgraphs taker. November 17, 1992, by Fulton Schleisman, Bldg. Official Petition for Alley Vacation Block 42, Shakopee Plat 1 f . V�1t _ tri„V . ..- • : •=-tr. - _ ? -^�. Jr'� �•- 4 ?-'�'Jk'�L,— ..a.:a't.•`.sYic`v'�o"-'ms's-.y" —--."s.. =-,# �.i!•_ ra pA.;., t- - -P `• -,... • 4illi te••iiit t-an:•iw. -1011 ".' _�A mss• - ,;:=.- t • -.rh fy '.''Center of 411et -•... iot :�•,- tom_. .,- j•..,•syr .L�R6.ti.E--VICK5sr• ice• .- • %-a•-r-',• zv- ..Z.4 -•M` cr.-•^i - 4 r z-. ra ._,--17- -utr ..7ra`i- l: •: 1 t J '- 'lam 1!__•„-tit -----'t-44"&"---14-pt ` Y -1?�.:^•' .•.' i3� : i ~; �• ~ 54;, •'• "�+e' Yds -a .. .,;, may-, •. > r"y :_-..- ''4-•c. o'^r--v.er r � :� .� `--.-7--4.. - -'- --;---- .4;/--;:-74.-57;-• ' - s -; t . - x - x _'.,fi Al *: j` . l tt sal Y• SR. ? a __ 1#'61 - 'a_ `.-_, T •=` ... -•r y -.. uL _ 2-e' ' _ 1,---...,-!=:-.=.7_-_-.•:1= pt _ r • • x=Ate• „.-..• , '► - ". ."Si:'' 4 r f North line of Alley .77 .t•,..1;c--..- _ `� F - tr�� '_mo ' ) 'ra►i�- S,r •ryx�y .. flirt' :.. :. : . ��• " r - % - •' __-.L. " - ic.> 4L,`h ..ie •:-'-':--:7.j r,� - t • Y tk1 JYt • ' , '....1.141.''.;::::•1:.#":„..:':::74..: ...'%�a: %-•- }y - 4�:••i••••,.�4 � -.4 • - .•d1Y'yr . ... J : 1! Y + - a. b ' ..,e _. i ,, : y.. Si=* v.RkNF - -,.�• .„, -' _ : �7''' r ,.. ' .fit ..„. t}_. t -•f : . •r�`ii„�..,„ :. ,., " Jt " 1s ' .• .-i. '..07.2 P `Ti.:.')! ry � t• "-- J+ • e AD*4 wy„ 4;••••. � j.T• • ' r` ,sP•• `�^:L. ,c .1+: 7_'«.y�`•y�1+ •te. �t, �!�' .......- •' i t ,;:...�•f,?. .i <J �.l�.S •a • .- . r� • l..i��: i. .. i - -r.•:.'�s'.- .. • • -• - Center of Alley-sem-'- -• _.- Photographs taken November 17, 1992, by Fulton Schleisran, Bldg. Official 3 Petition for Alley Vacation Block 42, Shakopee Plat 1 r M ��, .,{ , i 42. i- . icQ-..,4-:` fir. ••+ lb. I i,31.;.'- 4 4' ••• '43 ' .."VIIRAZ.111/ilp....:mit I'J I _ T � Al s — -- • iNes� a - -- i _. .✓ _ i`C� d�wiz- — .. F •-s--.-lam ' .-- ,r • =1: y�`.. `s• i -- - -ts'`..Js V'--t -T31ay*" °,'ems„ .L- ' ~* Ortr-P"= ' — _ _ -�.Z 1� ,:t`"_ o-- --:-S, ,.v"�3. -- i ce • • .:.i'• ."r ZJr✓ '•r.,,�.., _r•.....VP' �_- 11• ` - '.'- i '-,-.4.-e-7 —•—AI-- IIF- • - . • 7•; mo;1-7:i.1. --4,..—t,„4.'-0W-.- -. .l IL.: -'i- ; ~ ` ,, +` ' ,,4.,.4, »_ ;� . 3 �:z;Center ofAlle►, �i� _`=",s i,Vorth.line of Alley � :. :+�-� S-,5---'..: n---•......-..-,, fly: ..-- ` `, i i�, � �s - L - S .c o „ _ ,. '`__ afi:r7" -, Qt.-. ‘,.•".. 'Sri".t4 v :y.,, •• - f . *rte a • y..-40 SIV -:`-',#'7.—..r..."5'-:..4. .., -. +k 4•,,- 4- 'a•-.-t•: a- :.'kti.- Y•�. . 1. •rs�.,.. -__-- ..-ti. . �a- C.— _ 'w''4.4' �• 1 ar•. ZS�•is .� :L+.t -- - -----"-14i ••-K un...`` 'd. '"G'�a'G - s} taL r!]aas ti. _ .. Photographs taken November 17, 1992, by Fulton Schleisman, Bldg. Official EXHIBIT E • J .. J I . J ... E��•r -. r R. ,� r • .moi •t)- � __ rt t••••.( C- 't;--- •••••17; • S 4 cz rz ‘ ,.. 1,.; 1.1 ..r., ..., , ) ...e ,.. ,-. 1 \i ...1 '. •......;:. 1 S \ \ " • ,.. - ciA 1 \ \c''s. \ l......_ J — :°��) �� CI � .[.. �"- 7. z I 1- _L EXHIBIT F U • -_+ .. .....• r %** O ,-1 ...J `, _ V t` c t5 " ......................• "a .:_:\ 0 v 7- L .. r- $• ,. ....\; •27..1.:: :.:1 '...:-' i-1 .., .. .\....................... CO CO 7 Z - o O J •4.,1 -O - N r'4 = 1 T.;. r•f.i.S .'Pr". •r., f .sI 4.\ : 5 \ it y ....) , .... Y !' 1 �+ r \ a....:._.. --'' \-"c:‘;" \ ............} ,---------- \ \-- ----- ----- —706s) I__ ._ . . 6 S \ ' I z -- - , -I I- 5I.= EXHIBIT G p, J • Oc — r W. v WS 1 OW OW .. U f^ CC) / T ▪ y. ..i f."2•4••••• l.._ 4 r-i No• , CNN. r E U J _ ; _te w . .... ,— -ss4e"-t ..r•A o • It . `v a;'\ :'..\ . k:, .1-1 • • 4. W. ovw• •C..: .,,7;'.\ ref c �� ,,1 a. o o x s l ° % C* a CZ 'ffir U1 3 • i , CD 3 i• t h � -. �.- 1 y `C • 0 -:�' ' �� :`i .Co \ OW W. Y \As...us.,..1.:, \le 3,7.,\ ...... \ . -------Ck\-- -------."---- I ..,----\ _.---- 1.......... 1 1g68� '-�' a n — E Cva�ate • s \ R Z - i .1 4 q b MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of the East 30 feet of the North 150 feet of the Utility Easement Reserved within the Vacated Clay Street DATE: December 4, 1992 INTRODUCTION: City Staff has received a petition from Patricia Huber and Norbert Schmitt, owners of Shakopee Services, to vacate the east 30 feet of the north 150 feet of the utility easement reserved within the vacated Clay Street, located between 3rd and 4th Avenue (between Block 41 and Block 42, Shakopee Plat) . The Planning Commission recommended approval of the vacation at their December 3rd meeting. The City Council will hold the public hearing on December 15, 1992, to consider this vacation request. BACKGROUND: Clay Street was platted as a part of Shakopee Plat in 1858. The portion of Clay Street between Third Avenue and Fourth Avenue was vacated in 1968, and a utility easement was reserved over the entire portion of the vacated street. Attached is a copy of the zoning map showing the location of the existing utility easement. (See Exhibit A. ) Also attached is a larger copy of the area. (See Exhibit B) . The petitioners own the northern 150 feet of the 80 foot wide portion of the vacated street which contains the utility easement. (See survey on Exhibit C. ) They are proposing to vacate the eastern 30 feet of this 80 foot wide utility easement. (See Exhibit D. ) DISCUSSION: The existing structure was constructed approximately 7 feet from the north lot line adjacent to 3rd Avenue. In August of this year, the Board of Adjustment and Appeals approved a 22 . 5 foot variance to the 30 foot front yard setback requirement to allow the applicants to construct an 18 ' by 92 ' addition onto the west side of the existing structure. This addition is proposed to be located within the westerly portion of vacated Clay Street. The 1990 draft Comprehensive Plan has designated the area for industrial uses. Vacating the eastern 30 feet of this 80 foot wide easement to allow for the construction of the addition onto Shakopee Services will not conflict with the goals of the Comprehensive Plan. Section 12 . 07, Subd. 2, of the City Code states that "easements shall be provided for utilities and drainage where necessary and shall be at least 10' wide for telephone or power line easements and 20 ' wide for drainage, sewer or water easements" . The utility easement on the property owned by the petitioner is 80 feet in width and 150 feet in length, and there is currently a water main, a fire hydrant, a gas line, and overhead electrical lines located within this easement. The vacation of the easterly 30 feet of this easement will not affect the amount of easement required for the existing water main. The water main and fire hydrant are located approximately 26 feet east of the west line of the utility easement. If the eastern 30 feet of this easement were vacated as proposed by the petitioners, the water line would be located approximately 22 feet west of the east line of the utility easement. Minnegasco has commented that their existing gas line is located within the westerly one-half of the easement reserved when Clay Street was vacated, and that it would not be affected by the vacation proposed by the petitioners. Overhead electric lines are located along the southern portion of this utility easement. Since Section 12 . 07 , Subd. 2 of the City Code requires a 10 foot wide easement for overhead electrical lines, staff recommends that the City retain a 10 foot wide portion of the utility easement along the southern property line. (See Exhibit D. ) ALTERNATIVES: 1. Vacate the easterly 30 feet of the northerly 140 feet of the utility easement between Block 41 and Block 42 , Shakopee Plat. (This alternative would reserve a ten foot wide utility easement along the southern lot line for the existing overhead electrical lines. ) 2 . Deny the application to vacate the east 30 feet of the north 150 feet of the utility easement between Block 41 and Block 42 , Shakopee Plat. 3 . Continue the public hearing to allow the petitioner or staff to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the vacation of the easterly 30 feet of the northerly 140 feet of the utility easement reserved within the vacated portion of Clay Street between Block 41 and Block 42 , Shakopee Plat. ACTION REQUESTED: Offer Resolution No. 3717 , A Resolution Vacating the Northerly 140 Feet of the Easterly 30 feet of the Utility Easement within the Vacated Portion of Clay Street between Block 41 and Block 42, Shakopee Plat, and move its adoption. RESOLUTION NO. 3717 A RESOLUTION VACATING THE NORTHERLY 140 FEET OF THE EASTERLY 30 FEET OF THE UTILITY EASEMENT WITHIN THE VACATED PORTION OF CLAY STREET BETWEEN BLOCK 41 AND BLOCK 42, SHAKOPEE PLAT. WHEREAS, an 80 foot wide utility easement has been dedicated within the northerly 150 feet of the vacated portion of Clay Street between Block 41 and Block 42 , Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that the northerly 140 feet of the easterly 30 feet of this aforementioned easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7 : 00 P.M. on the 15th day of December, 1992 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. ) That it finds and determines that the vacation hereinafter described is in the public interest; 2 . ) That the northerly 140 feet of the easterly 30 feet of this utility easement serves no further public need; 3 . ) That all that part of the northerly 140 feet of the easterly 30 feet of the utility easement lying within the vacated portion of Clay Street between Block 41 and Block 42 , Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; and 4 . ) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A e 1` AG 1* ,e'..'.,- './ v; •, � • `-', -----•r_,P .:. • j' r � s�'` 1 ✓ _rs •,...'c,..,:-":"--' ts''- `�...__. _-------- • ,..,-..c- . :ma ,- w if. F � "/-' - .rte ti ..........7 A i T f _"t AG AGRICULTURE - - " • R1 RURAL RESIDENTIAL ,- --•• • —; _ ; R2 URBAN RESIDENTIAL ; ..- . . . , R3 MID-DENSITY RES. = :. -* _...... --.y ; -•Y -._ -gi 1._:.i.; R4 MULTI FAMILY RES. - r - - -.7 - • - x B1 HIGHWAY BUSINESS ----� B2 COMMUNITY BUSINESS - -- B3 CENTRAL BUSINESS R 2 • — 11 LIGHT INDUSTRIAL - • 12 HEAVY INDUSTRIAL . • S SHORELAND FLOODPLAIN DISTRICT -•-.• MANDATORY PUD RTD RACETRACK DISTRICT _ Zoning Map City of SHAKOPEE - y • 1 kL-u-i------ „.:„....\ .:.----- . . 2._ EXHIBIT B -------- '-'-• -.. ____: ,.., -a: 4 ____- •_-----.....; _xwsatt,_=3-1.' _ _ .,.....!.„,,• .....-- ..ri.. . '- ''•,‘-. \ __ .- _-.-- .— _.-- ---- ---k-- \ 't\.-:---.--- ----- . ....-, .-- ---- "; _ i . _._ , _.------ A. ......_.:.,..___.._ . -. /- k _.--•.' ' :.:-- •1:r....‘ c---______----- _. .. -,e- i b---_---- .-- ---- .---- ...........- _ - _--- •L-.1" • - .,---_1-::- - _.-...1-.--1. -t- t, , , . . )1410. • T1 . - 4. , 1 __ .; (1.6---14-4--‘ i ...4\• riCe..----17-- ' si Mlik • • ....,----- -1 ‘ .• . ‘trt IVer ------7:- 1 _—,----.1-)0 ‘ \ p Vt" 1, ‘ \ • \ \ .,lie4 _•-: '-'-'5:-- • ' •I'' .. ‘,...,- . . 1 t -4: k eft,,t tt ., ---• ....vv.' . ‘ /tr, SUBJECT SIT , r - i. - . .. \ \ \ V • . .... _,--r----- _ . \ ....,. ,.... ,-.. • --- , k --Iti.t- --"-1---:-:- 1 ' ‘ '. • '.1.;..'•••••A 44 f 1 i , H .i ›.....\ \ ___V.i.:.:7..t......, , - 1 ...- _... _- -- _..4 '1 ''':..—•it ....:1.........„......— .,. k • . ....-- - k • „..vv„,• -.- . ,. •,.. .00.•••••'''' .--,...............---offS..4'4,. .....,,...--,--, 'i \, -- • 1‘...s.,--1-,- \_,,‘.,.•.,.2.:,,.,,. A .........".".4. i • -,-----1 ' • , l• r'l k \ , \ • k .. 3---- vt \. - ,.._ . 6........„,........„1-- • , ....-c----T-17--er __...........',11,... rk- , , ..„--- -,--,---- \ ..„-.• el-•"----17,- .... -, ‘ \ _.. , • , . t ; ..r*--- 0. . %. • 1 it -, \ ___------‘' , t.----..---_-:--eli-•:- ', -1 ••-• ,.....sx:,„__-•;--.. _.„---'• c 4.----_.-__T-,-.,3".- • i".: 'Ii• i . I I, . Li.", __ •.. _ , .. • ' it ‘,..--•- , , -----------7- - , _.--0.--• . _--- ------r- i ' .--• vt .v ‘ t _ 4 c, \ \ ._ , ----- - .--2' .. • i . J R.0 -.- `-f' V-----C -'-' " •1 \---\ ,--A- I () , '111. '..k—____, S\---...:Q \i. \-/ES EXHIBIT C -\----\ 1 \fl P\\) - \\\a __ Sc��F1.SCr 101 ./ `Tut r,\i1r�'>,S �... ; - 100,2 _--�7 A'�Cl-t ry'; �A51N __ Oi.: __� ----- Rssu1 C� E-..�?U,_ 1C7� �- �,zo ASF. OK10 '4. GA-rte 01\k_vri �oJTp QTY Ll vE o _______pt pp_ /1 • H4OQtkaT _ 111 -t'�.d o\.TpP 1r, _ _ A a . /02,-7 --Gis1_i0E 1/1 f / , 'ECJ l� o.�a��'� � Iol7 1$,n , °' " 5 .•33 • F Jc,100.4 / Com; .1 ) u , m ( . / Lo / , � d • t C• V .l k i-- � ?„....t.77.7.-." Q d) 1 D 4iv 4 . . ' Q .5 o . j- • amj Jp0- _,)--• c� ( ce -. r 0 vim. / J Q O `n i \t \I' ° A ::::::: ::::H0:::: ,.::::41.:it.,.......L I::.,::::::.::..:::::::0%.....m...:::::::::::::::..in.:.,: / I\ N. i..-- tx / v:::::Mr.:gly.' :h::. AP.1%.7...,::..:'-'i:..7.1.' : ' 1.1_, — (---\ . )--4 r r s - r /'y It )CQ\2:111ent\ =30e� : - , .„__ O :.. tri : � � Bearings are assumed oa P •Subject to easements �B�•� •” -- �{ ( 0 `,=:yam- �jo�T )--1 E 10-1.69 1 ,..k 1-1i.uF of record, if any. I 50 T • `-+►DF OT cJoL1T vF b' V. CO Denotes set or found 4y D Q.T4 '....!:70:...'".. ..:17., ..-r-. : -�� Iiron pipe monuments '- g >:' :::>:: o P• .. Q.0 ::M ill Denotes set wood hub and tack / ` X5,6 Denotes existing elevation �C L Denotes proposed finish grade elevation ` C)-3 3 Proposed garage floor elevation Denotes direction of surface drainage I D3.7 Proposed top of block elevation Benchmark = Top flow line of Catch basin at south side of Third Avenue W. has a assumed `O3,3 elevation of 100.00 Proposed lowest floor elevation I hereby certify thr.t this is a true and correct representation of a survey of the boundaries of UC:- .0CE_'i' — �� H \ (-\) CE, JV—_,c\-2 ) \ ES, EXHIBIT D7-V-\ ` PD P\\.)E\ -1 -- 1o1,�i 110 USS )\1.-- ____.*L- 100.2 - -`-- 100,2 --•-----_-- c -' ; t ---��'� O� �-- . Rssu E` V.- ` Ga�-rF JA�vf= C��Y Lt vE o'T- 3r�a Aum• �ou►ao VZ1 SoJT't'{ L4.p.Ov PtP� O\�t2p1 ayp2Ar1T _ \II E,kJ? ,. ioZ '1 asl.auE / _ e .,-;;,:z. ,7 :c it—'I,. �' F x10 ,4! ' a / m . o /', � � L .„..........,...,:ill: .::::::-....t:: . - . ..I': t" I ..5 ---. ./1 Q $ !' h/ ' PORTION OF i ,J ( C. d. u \\::.::-..:::\1:.:::t.:::...\-,lil.:;E-O,'RsTE13,0.1EN..,..9TFEASEMENT -- cy r 1.. rOPOSED _� S4 1 OR 0 2 ': .. TO ' � .>: RE11/.8Es � �'AC�;OWN i I/) ,\ � LLti /\ r __.•;' :.:•::.::.•:".:.:::.::::--::::::...:".:-.-:.•:-:-'4i..-••• : •- \• `, \ ) / ..!.\,'" ‘.. / / to t(6'I • }/// 043 1 � v . 540 � : : fl r > � t t �,P vosr0 _1 .1:1.:.:ggn:•.V.S::::.:-.i.:..-..s....*:.:::.I :':::••.•:::•:•:.::::::.'••'.1„ _. c R A� \-71*-F-a W -M:MV:::.::::,-...t:::.: . \ .. , ,t e0I\ tli 1nC ....., i ,1 s__, _ a1 Bearings are assumed „.•••••••••••::::::::::•....,:,..,•::...-•••••:-� g gip. JD c2. kl._ p n►1 •-•:.::::4;;;:::: 74.7.7::::'!-••• •i' • • ..i... .... ..::.•:.,.:,,..::::::.•...,,:-:•;_t•-%�+',''i"`3L�_ —� Sub 'ect to easements .._ b`7 + 4 3 16C;;*;;: ;;,!!..„...:................. ...:._, f "i� aoPsti� aALF�I ELed,- ti.,--r is LtuF o� of record, if any. I; • �tr�F'< I �iij.0 TF�D e Denotes set or found � 02-1-1� <I jC�, F£> i I iron pipe monuments Qs. \iptpT�Ql �( T. d] Denotes set wood hub and tack t 105,6 Denotes existing elevation \/r 1US,I. Denotes proposed finish grade elevation t 03.3 Proposed garage floor elevation Denotes direction of surface drainage ` O3.1 Proposed top of block elevation it Benchmark = Top flow line of Catch basin at south side of Third Avenue W. has a assumed 1 o33,?j Proposed lowest floor elevation elevation of 100.00 I hereby certify th<r.t this is a true and correct representation of a survey of the boundaries of following described property; - -••---- VACATION OF EASEMENT East 30 ' of Easement Reserved izI Vacated Clay Street 1 s, . "`ter .. -- I 1 1. lik, ` , .."1'• 1.: _ 1641:Az.- ... "4".- '-'-:-4-yit:iir A.,-r_T-7- . ---..i.il lanzah_ . ��.� ,- _tee+. V. _ L'-L- _ - - -.— .�..__ Wi't's-- `' "'.,yz._" - -- ~--- ..-____________ 11B-' --__ �— - Photographs taken Nov. 19, 1992, by Terrie Sandbeck, Asst. Planner Photos taken from 3rd Avenue, facing south log., MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Planned Unit Development: Final Development Plan for Milwaukee Manor DATE: December 4, 1992 INTRODUCTION: Mr. LeRoy Menke has submitted an application for approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development (PUD) . The subject site covers 9 .91 acres, and is located east of Market Street and north of 7th Avenue. It is zoned Mid-Density Residential, (R-3) , except for a small area ( .769 acre) in the northwest corner which is zoned Urban Residential (R-2) . (See Exhibit A. ) There are 2 lots proposed for single family development within the area zoned R-2, and 53 lots proposed within the area zoned R-3 . BACKGROUND: The Planning Commission was introduced to the Preliminary Development Plan for this proposal at their August 6th meeting, and continued the public hearing to September 3 , 1992 . At the September 3rd meeting, the Planning Commission continued the public hearing to the October 8, 1992, meeting to allow the applicant time to submit additional information for their review. At the October meeting, the Planning Commission recommended approval of the Preliminary Development Plan, subject to 17 conditions. The City Council approved the Preliminary Development Plan for the Milwaukee Manor PUD at their meeting on November 3 , 1992 . Along with the applications for approval of the PUD, the applicant requested that the property be rezoned from Multi-family Residential (R-4) and Urban Residential (R-2) to Mid-Density Residential (R-3) , and the vacation of the portion of Minnesota Street north of the alley north of 7th Avenue and south of the abandoned railroad line. Both of these requests were approved by the City Council at their meeting on November 17 , 1992 . Exhibit B is a copy of the submittal requirements from the Zoning Ordinance. Attached as Exhibit C is a copy of Resolution No. 3681, which lists the conditions of approval for the preliminary development plan for Milwaukee Manor. Exhibit D is a copy of the applicant's final development plan. The applicant has submitted building plans for the proposed structures. Copies of the building plans will be presented at the December 15, 1992 City Council meeting. CONSIDERATIONS: 1. As required by the approval of the preliminary development plan, the two interior streets are shown on the final development plans as private drives. The applicant is proposing to construct the private drives at a 25 foot width. Since the proposed private drives are narrower than the previously proposed public streets, more open space will result. The portion of Dakota Street located within the PUD will be dedicated to the City. Plans for street improvements, grading, and drainage are being reviewed by the City Engineer. 2 . The PUD Ordinance requires the following regarding open space: "Within a residential PUD at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. " In addition to meeting the area requirement of 20 percent, the applicant needs to verify that the proposed open spaces are "usable" . The applicant is proposing to construct a recreation center for use by the residents. The recreation center will include an exercise room, a 3 foot deep pool, a hot tub, and a sauna. The Building Official has commented that this recreation center is required to be accessible to the handicapped. By estimating the area of the portion of the proposed PUD that was not included in the rezoning and the 60 feet of right-of- way proposed for Dakota Street, staff has calculated the following areas that may be used in determining the total area to be used to calculate the required 20% of open space: Total Area of proposed PUD 9 91 Acres Less Area for Dakota Street 0 647 Acres Less Area not Rezoned 0 769 Acres Total Area to be used in Open Space calculation 8 49 Acres Multiplied by 20% requirement 20% Total Open Space Requirement 1 699 Acres The applicant is proposing to reserve the following outlots to meet the open space requirement of the PUD Ordinance: Outlot C - 0. 17 Acre Outlot D (North) - 0. 13 Acre Outlot D (South) - 0. 23 Acre Outlot H (South) - 0. 36 Acres Outlot I - 1. 20 Acres Total Open Space 2 . 09 Acres 3. The applicant is requesting that the park dedication fees be calculated with the review of the final PUD. As allowed by state law, municipalities may require a reasonable portion of any proposed subdivision to dedicate land or contribute cash for park purposes. When the cash contribution option is chosen by the City, there are four methods of calculating fair market value. The fair market value of the land within a proposed subdivision is to be determined at the time of preliminary plat approval. The four methods for calculating fair market value are listed below in order of preference as established by the Zoning Ordinance: a. The price the subject land sold for within the past year. b. An appraisal performed for, or on behalf of, the City within the past year. c. An appraisal performed for, or on behalf of, the subdivider within the past year. d. The value determined by the County Assessor in the same manner that he or she determines the market value of land for tax purposes. The fair market value determination shall exclude any value added to the land within the past year by improvements serving the land. When land is being replatted or resubdivided, and the City has requested and received dedications, then no further dedication shall be required for those purposes unless additional dedications are needed as a result of approval of the replat or resubdivision. When the land has not previously provided dedications or if additional dedications are needed, in the City' s sole determination, then those dedications shall be required with the replat or resubdivision. The assembled properties within the proposed PUD consists of lots from three existing subdivision plats and several unplatted parcels. Along the south portion of the PUD there are several lots from the Wermerskirchen Addition. Since a public park was dedicated for this plat, staff believes that the park dedication requirement for this portion of the PUD has been met. North of the abandoned railroad line there is a portion of the PUD which lies in Macey Addition and Clifton 1st Addition. A park dedication fee was not paid with these two plats. Only where buildings have been constructed within these subdivisions, such as the Clifton Apartments, have the required park dedication fees been paid. Since the Subdivision Regulations require a park dedication for land being replatted where a dedication has not been made, a park dedication fee will be required for those portions of the PUD (Lot 5, Block 1, Macey Addition; Lot 2 , Block 1, Clifton 1st Addition) . The remaining area in the PUD is unplatted land. A park dedication fee is also required for these areas. A preliminary calculation of the park dedication fees would be as follows: A. The price the subject land sold for within the past year: Siebenaler Property: $ 90, 590. 00* Jasper Property: 35, 000. 00 Effertz Property: 24 , 000. 00 Total Price: $ 149, 590. 00 Multiplied by 10% x 10% Total Park Dedication: $ 14 ,959. 00 * A portion of the Siebenaler property is located in the existing Wermerskirchen Addition. A square foot cost was apportioned and subtracted from the purchase price to appropriately calculate the value. Divided by 55 units = 55 $ 271. 98 B. An appraisal performed for, or on behalf of, the City within the past year. The City of Shakopee has not had an appraisal of this property performed within the past year. C. An appraisal performed for, or on behalf of, the subdivider within the past year. The developer has not had an appraisal of this property performed within the past year. D. The value determined by the County Assessor in the same manner that he or she determines the market value of land for tax purposes. The fair market value determination shall exclude any value added to the land within the past year by improvements serving the land. Assessed Value: $ 72 , 100. 00 Multiplied by 10% x 10% Total Park Dedication: $ 7 , 210. 00 Divided by 55 units : 55 $ 131. 09 The applicant is requesting that the $11, 000 assessment against the Siebenaler property for the Market Street project and the surveying costs for the property of $6, 000 be subtracted from the value calculations. The time frame to determine park dedications is with the approval of the preliminary plat, as directed by state law. A condition has been recommended by staff requiring a cash payment in lieu of a parkland dedication. Staff is unaware of any previous dedications such as assessments or surveying from the fair market value in calculating other park dedication fees. 4. Section 11.40, Subd. 4 .E, states the following: "Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to forty (40) percent of the requirements of Section 12 . 07, Subd. 5, Subparagraph A, may be given, provided that the following conditions are met: A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to serve the development. " The applicant has discussed the possibility of requesting such a credit from the park dedication requirement. The Planning Commission did not make a recommendation as to what percent of credit, if any, should be applied to this development in their review of the final PUD. The Planning Commission will make a further recommendation on park dedication requirements with the preliminary plat. 5. The City Council concurred with the Planning Commission recommendation that the property within the proposal located along Market Street remain within the Urban Residential (R-2) district. The zoning line is a southerly extension of the western boundary of Macy 2nd Addition. The applicant has proposed that the future property line for the lots along Market Street be approximately 60 feet west of the recommended zoning line. The proposed single family lots would be approximately 120 feet deep. A drainage and utility easement will need to be dedicated for that part of the open space that will remain zoned R-2 east of the 120 foot lots to ensure that open space is maintained. The applicant has shown a holding pond in this area on the Final Development Plan. 6. Based on the Planning Commission' s concerns for possible traffic impacts created by this development proposal and the lack of information submitted during the review of the Preliminary Development Plan, the City hired a traffic consultant to prepare a traffic analysis. As noted in the fee schedule, consultant fees may be charged to an applicant as a part of the cost in the development review process. Staff informed the developer that a bill for this analysis would be forwarded to him to cover the cost of its preparation. The actual cost for the traffic analysis was $718 .48. The results of the traffic analysis indicate that if the proposed development is constructed as proposed, and Dakota Street becomes a through street, the estimated number of vehicles traveling on Dakota Street to the north of the proposed development will average 620 trips per day, while the estimated number of vehicles traveling on Dakota Street to the south of the proposed development will average 222 trips per day. 7 . On the October 8, 1992, meeting of the Planning Commission, the applicant presented a landscape plan for review. The plan provides the general locations of existing trees, but does not clearly identify which trees will be preserved. The plan does specify that there will be "19 needle leaf" and "65 broad leaf" landscape products planted. The majority of these landscaping products will be planted along the north and east portion of the development. The landscape plan will be presented at the December 15, 1992 , meeting. The applicant' s proposed landscape plan does not provide any perimeter trees along the south and west sides of the PUD. It does provide trees along the north and east sides of the PUD near Clifton Apartments and the Public Works yard. The Planning Commission recommends that one major deciduous tree be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the PUD. The Planning Commission is also recommending the planting of 15 coniferous trees along the east boundary of the PUD as proposed on the submitted landscape plan. 8. The City Engineer has reviewed the Stormwater Management Plan, and only minor changes are anticipated. He has commented that an Erosion Control Plan must be submitted and approved by the City Engineer. 9. The areas containing drainage ponds and storm sewers must be dedicated as drainage and utility easements with the recording of the final plat. 10. A typical building footprint/lot detail has been provided on the submitted Final Development Plan. Elevations and floor plans for structures containing four units (2-story and split entry) , and the proposed recreation center have also been submitted. The applicant has noted that the exterior building materials will be brick and stucco for the two story units, the split level units and the recreation center structure. The Planning Commission is recommending that a condition which requires that the two story, split level and recreation center structures be constructed with the proposed exterior materials (Condition 18) . 11. Information on soil types, percolation rates, and bearing capacities will be required at the preliminary plat stage of the approval process because of constraints due to winter weather conditions. 12 . Shakopee Public Utilities has commented that the area surrounding each of the blocks within the PUD must be dedicated as a drainage and utility easement with the recording of the final plat in order to provide utilities to the individual homeowners. 13 . With the revision of the site plan to utilize private streets, some of the information regarding setbacks was omitted along Dakota Street. The Zoning Ordinance requires a minimum setback of 35 feet along Dakota Street. The structures scale to 35 feet or greater. 14. No building permits should be released for the open space outlots nor the phasing outlots. The Planning Commission is recommending Condition 20 to prohibit buildings on the outlots. 15. In reviewing other PUD's, staff identified two additional concerns. Based on these concerns, the Planning Commission recommends these items be incorporated into this PUD. Condition 21 requires that driveways and parking areas be constructed out of bituminous asphalt or concrete. Condition 22 states that the Homeowners Association be responsible for all common facilities, including but not limited to water and sewer located within the PUD. 16. On December 9, 1992, SPUC and City staff meet with the applicant to review the proposed water and sewer services. Condition 20 recommended by the Planning Commission requires all common facilities to be maintained by the homeowners' association. Current City and SPUC policy would allow water and sewer mains to be constructed in the private drives which will be dedicated as public drainage and utility easements. Individual services can then be connected to the water and sewer mains. ALTERNATIVES: 1. Approve the Final Development Plan for the Milwaukee Manor Planned Unit Development, subject to conditions. 2 . Deny the application for approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development, stating the reasons for denial. 3 . Table the decision and request additional information from the applicant. PLANNING COMMISSION RECOMMENDATION: The PUD approval process involves two steps - approval of the Preliminary Development Plan and approval of the Final Development Plan. The Planning Commission recommends approval of the Final Development Plan, subject to the following conditions: 1. The two interior streets (Milwaukee Court and Milwaukee Road) shall be private driveways. 2 . The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60 ' width) so as to connect the two ends of the street. 3 . A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. 4 . The open space area that is zoned R-2 (between the east property line of the proposed single family development along Market Street and a southerly extension of the west boundary of Macy 2nd Addition) shall be dedicated as a drainage and utility easement to ensure that open space is maintained. 5. The proposed recreation center shall be designed as to be accessible to the handicapped. 6. The applicant shall reimburse the City to cover the costs of the traffic analysis prepared by Stgar, Roscoe and Fausch for this proposal. 7 . Approval of the title opinion by the City Attorney. 8 . Execution of a Development Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. Cash payment in lieu of park dedication shall be required. h. No building permits will be issued for any of the outlots, except for the proposed recreation center designated to be constructed within Outlot A, between Block 5 and Block 6. i. A 5 ' wide sidewalk along the east side of Dakota Street. 9. One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 10. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 12 . An Erosion Control Plan shall be submitted and approved by the City Engineer prior to approval of the final plat. 13 . The developer shall be responsible for grading as approved by the City Engineer. 14 . The area surrounding each of the Blocks within the PUD must be dedicated as a drainage and utility easement with the recording of the final plat. 15. The areas containing drainage ponds and storm sewers must be dedicated as drainage and utility easements with the recording of the final plat. 16. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 17. The developer shall dedicate an easement for the existing riser pole and underground distribution lines as required by Shakopee Public Utilities. 18 . The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. 19. No building permits will be issued for outlots until these outlots have been replatted. 20. The Homeowners Association will be responsible for all common facilities including, but not limited to water and sewer utilities located within the PUD. 21. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 22 . The following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirements. b. A variance to the requirement that the lots abut a public right-of-way. c. A variance to the interior yard setback requirements: front yard - 5 feet, side yard - 0 feet, rear yard - 5 feet. STAFF RECOMMENDATION: Staff recommends clarifying Condition 19 in order to allow for the recreation center to be constructed on Outlot A. No other building permits shall be released for the open space Outlots. The attached resolution reflects this addition to Condition 19. ACTION REQUESTED: Offer Resolution No. 3718, A Resolution Approving the Final Development Plan for the Planned Unit Development for Milwaukee Manor, and move its adoption. RESOLUTION NO. 3718 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT FOR MILWAUKEE MANOR. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Final Development Plan for the Planned Unit Development for Milwaukee Manor on December 3 , 1992 , and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Development Plan for the Planned Unit Development for Milwaukee Manor, described on Attachment 1 attached hereto and incorporated herein, is hereby approved, subject to the following conditions: 1. The two interior streets (Milwaukee Court and Milwaukee Road) shall be private driveways. 2 . The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60 ' width) so as to connect the two ends of the street. 3 . A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. 4 . The open space area that is zoned R-2 (between the east property line of the proposed single family development along Market Street and a southerly extension of the west boundary of Macy 2nd Addition) shall be dedicated as a drainage and utility easement to ensure that open space is maintained. 5. The proposed recreation center shall be designed as to be accessible to the handicapped. 6. The applicant shall reimburse the City to cover the costs of the traffic analysis prepared by Stgar, Roscoe and Fausch for this proposal. 7 . Approval of the title opinion by the City Attorney. 8. Execution of a Development Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. Cash payment in lieu of park dedication shall be required. h. No building permits will be issued for any of the outlots, except for the proposed recreation center designated to be constructed within Outlot A, between Block 5 and Block 6. i. A 5 ' wide sidewalk along the east side of Dakota Street. 9. One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 10. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 12. An Erosion Control Plan shall be submitted and approved by the City Engineer prior to approval of the final plat. 13 . The developer shall be responsible for grading as approved by the City Engineer. 14 . The area surrounding each of the Blocks within the PUD must be dedicated as a drainage and utility easement with the recording of the final plat. 15. The areas containing drainage ponds and storm sewers must be dedicated as drainage and utility easements with the recording of the final plat. 16. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 17 . The developer shall dedicate an easement for the existing riser pole and underground distribution lines as required by Shakopee Public Utilities. 18 . The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. 19 . No building permits will be issued for outlots until these outlots have been replatted. No building permits will be issued for the open space outlots except for the recreation center on Outlot A between Blocks 5 and 6. 20. The Homeowners Association will be responsible for all common facilities including, but not limited to water and sewer utilities located within the PUD. 21. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 22 . The following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirements. b. A variance to the requirement that the lots abut a public right-of-way. c. A variance to the interior yard setback requirements: front yard - 5 feet, side yard - 0 feet, rear yard - 5 feet. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A fw. ..'.. t ��` .: :' ___ : �. y - ; - : . -R3 - Wit= - _ - ,. -, '` - ,• • -,... � - - • 1 ........ 1,-- .-i . - . .•••; _ 1 . ..__ 1.;71'..t.';.--- -7----, ter: -j • • f` y_ { ...'�• is .! ix.4;:.s-- i S 'yam —.J -= +. t!T-- '-- i --- /�~.moi f^~. .. •�"� J i iT''e • _ ••', •.-_-- •c ' 04 • =- • --• •-# � .:• „ -•- -- R-4 ----- - :ham r a: ::::::. • • t.qie :-- .. :.rr- r � -;sa•'� _:.L.r i $a�' .,;Vis:•:;:%'s`:;:::'';�:t�i:::=':: • ,-� i , —•— Y.4••►` 'wa.-•t 4 - • . {1� 'y '.-ly'S :':'iii • .. . .. ••ig ... .. 1. a• . .--• 'nr�' .--•.` •%'s""•I1i: Kaa-� .W:: :",l�•' .'; .:}•may.'.: :::••• .. _.- --_ . r11 .-----7-1 I. . 1 .-.'x''f it - . .. i `` - I • •\ r ��'`• �•._rt'• -•` '=�• s�iYs":� ��w• ••'.�sC:.-a'r'_ .:saw: :.*_- �'' 4 :.: .. . .,..„...: ....... •......••, ,_ .. . . AG AGRICULTURE R-Z _41' _ - M,s . •• •�..._ y_ RESIDENTIAL ref.; -�_— -,.. i`" • ', R 1 RURAL --- -•:".!"."'"0 __ ' .-- R2 URBAN RESIDENTIAL ' - �— --= - R3 MID—DENSITY RES. _.� __ :.,,� :4 4 ..a tiY . 3 R4 MULTI FAMILY RES. ._ ' P. _ : --•-4 _; ` B 1 HIGHWAY BUSINESS - -' t. ' " B2 COMMUNITY BUSINESS �._,, - ._w._, : B3 CENTRAL BUSINESS =-- `- = I1 LIGHT INDUSTRIAL _ - INDUSTRIAL . . t - • 12 HEAVY S SHORE FLOODPLAIN DISTRICT- —� :• : -• —•—•• MANDATORY PUD T • _-" • _ . -k ? ...• —r RTD RACETRACK DISTRICT—" '—; '"Iv — --'' Zoning Map City of SHAKOPEE EXHIBIT B s 11 . 40 5. Final Development Plan Proposal for Phase I if Preliminary and Final Development Plans are to be p:eoa:_d simultaneously . Source: Ordinance X1o. 20o , 4th Series Effective Date: 9-11-36 3. Final Development Plan. Fifteen (15) cccies o= the following plans and information shall acccm:.oanv the _colica:-c:: and fee. Sc 'uc information sear_ � stapledtogether or otherwise e attached to provide a neat and organized written and graphic oackace . Source : Ordinance Nc . 9 , 4th Series f'..c:ive Date : 7-?-3 1. Project Information, Area Information and Existing Site information as :ecu::ec for a ?rel:...i:.ary Develo:-:ent Plan . 2. The Final Development Pian Promosal including the following: (a) A Site Plan which illustrates the following : (1) Location and dimensions of lot, building, driveways, curb cuts and off-street parking soaces and loading areas; (2) Distances between building and front, side and rear lot lines; orincical building and accessory buildings; principal building and principal buildings on adjacent lots and requested variances; (3) Site grading including existing totograohy and propose: grading at two ( 2) foot contour intervals ; (4) Location of easements and utilities ; (3) Location and design of signs ; (6) Building heights; and , (7) A tabulation of density , land use intensity, lot coverage, and acreages and percentages of land devoted to building , parking and open space . (b) Dr=liminary architectural draw _. gs illustrating schematic floor plans, building massing and elevations and exterior materials of construction. (c) A landscape =Ian pre pared by or under the supervision of a landscape architect showing material types, common and botanical names , sizes , number and location. (d) A lighting plan showing the tvpe , height and location of parking lot, driveway and security lighting . (e) A drainage and erosion control plan as appropriate to satisfy the requirements of the watershed district having jurisdiction. (f) Any additional w- -t.en or graphic information as may reasonably be required by the Administrator and applicable Sections of the Zoning Chatter , including , but not limited to , the following : 312-12 (9 -S • j • g 11 . 40 (1) Type of business and proposed number of employees by shift, land use and housing profiles , etc . (2) Estimated use Per day of the sanitary sewer and public water systems. (3) Proposed private covenants or other legal instruments . ( 4 ) Phasing and construction schedule . (5) Proposed variances and =a= .ona_= . Source: Ordinance No. 206 , 4th Series a^` vo Daze : 9-11 -85 C. Administrative Waiver. The Administrator shall have the discretion to waive the Planning Unit Development (PUD) approval process or information required for either adoption of a PUD or amendment of an approved PUD when the following conditions are met: 1. Properties Located Within a Mandatory PUD Area. Properties which have not previously gone through the PUD platting process will not be required to submit a PUD when it functions as an existing- agricultural operation or when the following conditions are met: (a) The changes in the building location or size do not affect more than 10% of the site area and/or floor space . (b) The changes in landscaping , _ a_ .._. and drive arrangement, or site improvements do not -a^t more than 1C% of t.ne site area. (C) The changes comply with all require- ments placed on the zone in which the property is located . 2. Properties For Which a PUD Has Ben. Approved. (a) The changes in building location or size do not af`a, ` more than 10% of the site and/or floor space, not to exceed 10 ,000 square feet. (b) The changes in landscaping , parking and drive arrangement, or site improvements do not a=-ter'- more kn ..ha- 10% o- the site area , not to exceed 10 ,000 scu=ra __e . (c) The chances comely with all ; -=- ments of this Chapter and conditions atzacaed to the a_==ova_ of the PUD. (d) The changes do not alter the overall design, vera-- desi,n, uses, or intent of the project. Source : Ordinance No . 219 , 4th Jet _es Effective Date: 7-2-37 (Sections 11.41 through 11.23 , inclusive, reserved for future expansion. ) 312-13 (9-1-37 EXIUBIT C RESOLUTION NO. 3681 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT FOR MILWAUKEE MANOR. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary Development Plan for the Planned Unit Development for Milwaukee Manor on October 8, 1992, and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Development Plan for the Planned Unit Development for Milwaukee Manor, described on Attachment 1 attached hereto and incorporated herein, is hereby approved, subject to the following conditions: 1. The two interior streets (Milwaukee Court and Milwaukee Road) shall be private driveways. 2 . The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60 ' width) so as to connect the two ends of the street. 3 . The City agrees to vacate that portion of the Minnesota Street right-of-way north of the alley and north of 7th Avenue and south of the abandoned railroad line with the City Council's approval of the final plat for Phase 3 of the development. The City shall retain a 20 foot wide public drainage and utility easement in that portion of the Minnesota Street right-of-way proposed for vacation (north of the alley and north of 7th Avenue and south of the abandoned railroad line) for the existing water main. 4 . A minimum of 20 percent of the total useable area of the PUD excluding the Dakota Street right-of-way shall be provided for open space. 5. The open space area that will remain zoned R-2 (between the east property line of the proposed single family development along Market Street and a southerly extension of the west boundary of Macy 2nd Addition) shall be dedicated as a drainage and utility easement to ensure that open space is maintained. 6. With the application for approval of the final development plan, the developer shall submit a revised Stormwater. Management Plan which reflects the following: a. The outlet from the City's pond shall be connected directly to the proposed storm sewer in Dakota Street, via a storm sewer pipe. b. The applicant shall submit a profile view of the entire storm water system on a single drawing, all the way from the outlet on the City's pond to the existing storm sewer at Market Street. c. The applicant shall submit copies of the most current grading plan. d. The applicant shall submit information on the proposed pond in the northeast corner of the plat, including such information as outlet type, size, discharge rates, storage volumes, cross sections, etc. e. The applicant shall submit additional information on the proposed detention pond labeled Outlet I, including cross sections and the design of the trail adjacent to the slopes of the pond. f. The applicant shall submit outlet velocities for the 30" storm sewer outlet and the second storm sewer outlet into Pond I . g. The applicant shall submit design requirements for the two stage outlet structures for both the existing City pond in the Eastview Addition and the proposed pond (Outlet I) . 7 . The applicant shall reimburse the City for $782 to cover the costs of the traffic analysis prepared by Stgar, Roscoe and Fausch for this proposal. 8. Park dedication requirements for the proposed development will be required. The lots in Wermerskirchen Addition, which are a part of this PUD, will not be required to make park dedication requirements since the requirements for this subdivision have already been met. However, the remaining areas in the project, including Lot 5, Block 1, Macy Plat; Lot 2 , Block 1, Clifton 1st Addition; and the unplatted land will be required to meet the park dedication requirements. 9 . With the application for approval of the final development plan, the developer shall submit fifteen (15) copies of the final development plan and fifteen copies of all other supporting informational items. With this application, the developer shall also submit one reduced 11"x17" copy of the final development plan and one reduced 11"x17" copy of all other drawing submittals for review by the Planning Commission and City Council by the adopted application deadline dates. The submittal for the final PUD approval must include the following additional items: a. The location and dimensions of all driveways and buildings in the proposed PUD. b. The proposed revision to the design of the four-plex structures, showing the angled four-plexes to be located on Blocks 2, 3 , 5, 6, and 13 . c. The proposed revision changing from a tri-plex to single family homes in Block 16. d. The applicant must designate the location, dimensions, and sizes of the open space areas. The applicant shall verify that the open spaces are "usable" by providing an individual plan of each area illustrating all proposed amenities and/or landscaping. The reference to "park" must be deleted in areas proposed for open space, as these areas will not become public parks. e. Proposed landscaping products and information on the design of private yards, including their location and dimensions, must be provided on the required landscape plan. f. The location and type of all existing trees to be preserved shall be shown on the required landscape plan. 10. Approval of the title opinion by the City Attorney. 11. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. Cash payment in lieu of park dedication shall be required. 12 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 13 . Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 14 . The developer shall be responsible for grading as approved by the City Engineer. 15. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 16. The developer shall dedicate an easement for the existing riser pole and underground distribution lines as required by Shakopee Public Utilities. 17 . Approval of the preliminary development plan for Milwaukee Manor is subject to the successful rezoning of the site to R-3 (Medium Density Residential) from R-2 (Urban Residential) and R-4 (Multi-Family Residential) as recommended by the Planning Commission. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney • . . ... • . • - EXIMIT D - . _ i. _ • . INOR • - . - . I • :ONE A. T:.-:S _ I . IL. ...if. i'lli!. 7.:-.:L_ . , ..et 0 . L _ 1 - . . ... =f )—,. . ,. - I• T " 6l `: .E \ .n.liona+s T • 07 J OW.E.r".i�u \ \ Ewr., w! WV.LT re," __ ti , N.,,... { `- ` ,� I I �� f G.I 765...\ \Z,� \ —_ ) / I fn,...,,.,. lam+' �«� 766 \� �QMF J UttJj�.` it .1 \ \ ---\\\ `tLaw.i.rr + r-7---...-758 \ .ef i ' .\\ i \ Y / I L......, \\\ i Ifi. i i 1 :F uN W \ 9rr- fc i 1 \ ` ► ' ' \ , i e / •Fi , N S►: ,7 `� sir ' - ..-z.,:_k. \ ... ..-- , ,- - �\ \ �• t- t I \ L • .v..• \ \\\\ \ 1 - ....,--- . , \ - 11. • I `r.':. -= -Ri`�- \ \ \ -1' i'• F 2 // + \ .0 i 1 >70\\ \ta 3� • 3 I j ... .).0" I } • 21\ � —i ase Ii • "% 'c• . 1 i : :•:AY I�Nr . E..T \ -•'r?► I 't . r `�`\ \-•rte ''--- `e -�� — _ �,.e ——— a —� ' \\ems\ • 1 i r _ \ - :..17___.---_r-----_-____7_71----"L--...._-4 ,&,....\: ...t! il il. I..•ti,./ 241%.C.P...** .,:•,... .C.. ,,_,..„....,,N .,,,.... i1 i 3r \ 1 . . rin 16 11 : ip v . 4 \\.1 . . 1 i , , , _ _... i ":11 1 \ i 1 1 31 ---'. i VV - Y. .t- i i 1 ' S. r Mow .. , 1 - ' a i t 211 \ \ 1II • NW-AMITY ton 0r/ • ill \' � . '\1/� J ' * ►o b. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: West End Addition DATE: December 2, 1992 INTRODUCTION: The City has received a request from Cletus J. Link, the developer for plat for West End Addition, to extend the 180 day time period for filing of a Final Plat after approval by the City Council (Exhibit A) . The applicant is requesting an extension of an additional 365 days in which to file the plat. The City Code states that if a plat is not filed within 180 days after approval by the Council, the Council may rescind its approval. BACKGROUND: City Code Section 12 . 03, Subd. 4. F states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Register of Titles" . On September 17, 1991, the City Council approved the Final Plat for West End Addition. The applicant did not record the approved final plat within the 180 day time frame. Exhibit B identifies the location of the subdivision. Exhibit C is a copy of the approved final plat. The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the final plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of the plat by the City at this time. ALTERNATIVES: 1. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for West End Addition by an additional 365 days. 2 . Offer and pass a motion extending the 180 day time period for recording of the Final Plat for West End Addition by a shorter period of time. 3 . Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for West End Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and pass a motion granting the developer of West End Addition an additional 365 days in which to file the Final Plat with Scott County. {CCTIMEEX. 2l5} Exti. .t .4 December 2, 1992 City of Shakopee 129 E. 1st. Ave. Shakopee, MN 55379 RE: West End Addition Dear Planning and Zoning Department: I Cletus J. Link, developer of "West End Addition" hereby request to keep open and on file and extend my development plans for the addition for 1 year. Sincerely, Cletus J. Link 1216 Jefferson St. S. Shakopee, MN 55379 445-2277 or 445-3240 AG ACR%CULTURE • Exhibi+ e; . R I RURAL RESIDENTIAL - R2 URBAN RESIDENTIAL • R3 MID—DENSITY RES. R4 MULTI FAMILY RES. B1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS I - - B3 CENTRAL BUSINESS - I1 UGHT INDUSTRIAL ' 12 HEAVY INDUSTRIA! ! ,-.„,.:,,;:;.,: •-„g:,-;:,. .:.;,...,•::,-.•` '• n' .0}M:� K'. "' ..F . ... 0 <......o>+ q.: ....F` `. ..... j. 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" 'r • •1 i�. ♦ i k..�� r ---a -'i.•1 -�• � 'w:.-'-_,', 1 • ' - L::0* ...=...:-.-t ~<- .._� - to •'~• ..- -• - '-..�t L. . ; v)••< .. M• .. • --- . .r... �..� . — - . -. •_.• •.-..._. .. . Et i‘illet • C • l I I 1 I i !: �I ,1111 I ilia 1 j !i,,� , , ] t } ; If1 lI i 1 I i , ;:ti 1 I 11111 1 1 j s I! I I I r ,1 lid!111:11,1I III- 1 I 1. . I, , - il!l, I , i� Ic • 1 I , , I l Q I! I' ill !Ijl + 111 ,1 : 111 1j Ii ! } 11'11 ill. hi!! fl ,1 I 111 ! I -, i i I . i i Intl Z 11 I— ct it f�pi'Tti i�j1ii II � ,t I I \� V �f r41 . Fnn_ ,:Ilii is 1-i. !III I �� .-. \.. I i Iti�:+ I1.. '11 7 Q II V, ,l.+II! 1'11141 lit 1 j`-�'Z4 i1 J' t • �...� ii 111;11'1 l.tl lit I1 J• d d r 'i•e, t o ;'.111,1 tII- W , 1)1111 I i ,ii,, ,,t I / Q ` 014.1;1 lip j, Iii j• I ` 1 ; J 3 1._ 1 , ;-ilii ]. ,1: ;ii t B 1 I 1 - 1 ' , :It i ,1 '1! 110 it : 11 i w ill iiIljij- I 11 ii:' "I II 1 I I _ >_ ii. 1.11.111 i 111),1! ; 11 I / G 3 ill II, a -- I ; I f— CO `°, 1 •. r a- G U 1O I 1 -J ,° m i* I i r . I r � w ' j r + i 1 �/ 1 r 11 1t ! i 1, ' � ; I:••:....1!) ' (J") ij ,, ..t � 1 --,— ,I is � o^.� 1' I i-I fl1 1 4-1-- ' •e& J 4 ire MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application of Non-Intoxicating Malt Liquor License DATE: November 30, 1992 INTRODUCTION: The Sene's Inc. dba Imperial Wok Chinese Restaurant has applied for 1992-93 On Sale Non-Intoxicating Malt Liquor License for a period starting December 16, 1992 and terminating June 30, 1993 . Staff has checked for delinquent property taxes and utility bills. The application is in order for Council consideration. ACTION REQUESTED: Approve the application and grant an On Sale Non-Intoxicating Malt Liquor License to Sene's Inc. dba Imperial Wok Chinese Restaurant for a period starting December 16, 1992 and terminating June 30, 1993 . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Electrical Contract - Inspector Service Agreement DATE: December 10, 1992 INTRODUCTION: Since 1988 the City of Shakopee has contracted out for electrical inspector services. The current electrical contractor agreement expires on December 31, 1992 . BACKGROUND: Electrical inspections are generally handled through the State of Minnesota. Since 1988, the City has elected to place on contract with the City a State approved electrical contractor. Our current contractor, Mr. Terry Krominga has been under contract with the City of Shakopee since 1988. By placing the State electrical inspector under the City' s control via a consultant agreement, the City is able to achieve preferential service in terms of when inspection service is available. The City is also able to retain approximately $3 , 000. 00 per year in electrical inspection fees that would not be available if we operated under the standard State contractor scenario. In 1992 , Mr. Krominga provided electrical inspection service to the City of Shakopee on Tuesday and Thursdays. Mr. Krominga was also available on other days if it were necessary. Due to the increased level of building construction in Shakopee, staff has requested Mr. Krominga to be available in the City of Shakopee on Monday, Wednesday and Friday's. Mr. Krominga has agreed to the proposed service schedule. Shakopee' s electrical inspection fees follow the State electrical code fee schedule. The proposed service agreement with Mr. Krominga would pass on 80% of the electrical inspection fees collected to Mr. Krominga for his services. This is consistent with previous years agreements. Staff has been very pleased with Mr. Krominga 's services and is recommending that the appropriate City officials be authorized to execute the electrical consultant contract with Mr. Terry Krominga for the 1993 calendar year. (See attachment) ALTERNATIVES: 1. Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1993 . 2 . Do not enter into an electrical consultant contract with Mr. terry Krominga for 1993 . 3 . Seek other sources to perform electrical inspection services in 1993 . STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1993 . BAS/tiv TAMI\ADMIN\ELECTRIC CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of December, 1992 , by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 E. 1st Avenue, Shakopee, Minnesota, and Terry Krominga, Box 91, LeSueur, Minnesota 56058 , hereinafter referred to as the "Consultant. " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render electrical inspector services as more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Services. The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth as described in Exhibit A. 2 . Addition to Services. The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the Building Official and shall be accepted and countersigned by the Consultant. 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4 . Term. This contract shall be for a period of one year. 5 . Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. 6. Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner Consultant' s obligations under this contract, including the requirement to have a bond and insurance in place, or if the Consultant shall violate any of the provisions of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. Either party may, with or without cause, ter- minate this contract upon 30 days prior written notice. Notwith- standing the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 7 . Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same, without prior written consent of the City thereto. None of the authority or responsibilities of this agreement may be transferred to another party. 8 . Confidentiality. Any reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 9 . Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 10. Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance, against any employee of Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of Consultant's agents or employees as agents or employees of the City of Shakopee, Minnesota. 12 . City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker 's Compensation Program of the City. 13 . Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City's gross negligence or willful or wanton misconduct. b. The Consultant shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities N.....- arising out of personal injuries, including death, and damage to property, which are caused by the Consultant arising out of or in any way connected with this contract. Consultant further agrees to defend, indemnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Consultant. 14 . Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. CONSULTANT CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: Karen Marty City Attorney 129 E. 1st Ave. Shakopee, MN 55379 EXHIBIT A Description: The Electrical Inspector shall enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder, and the ordinances of the City of Shakopee pertaining to the licensing of electricians and electrical installations. All requested inspections shall be made within the Ctiy limits. Compensation: The rate of compensation shall be 80% of the electrical inspection fees collected by the City of Shakopee. The City shall remit this amount upon proper accounting for fees, on a bi-weekly basis. Security: The Electrical Inspector shall provide the City with an electrical inspector ' s bond in the amount of $1000, payable to the City of Shakopee in case of default. The bond shall be in effect until at least December 31, 1993 . Insurance: The Inspector shall supply the City with a verification of automobile liability insurance on an acceptable form (e.g. Form 1927) showing insurance in amounts of not less than $50, 000 for any one person, $100, 000 for any one accident for personal injury, and $10, 000 for property damage. Rules for Work: The Electrical Inspector shall comply with the following rules: 1. Report to the Building Official ' s office when called upon. 2 . Supply a monthly report of inspections completed. 3 . Deposit with the City any inspection fees received in the field. 4 . Have a Journeyman or Master electrician' s license in force at all times. Responsibility: The City is placing trust and authority upon the Electrical Inspector as an independent contrator qualified and certified as such to make electrical inspections on behalf of the City of Shakopee. * Ilc CONSEN TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Mobile Radio Replacement DATE: 12 08 92 INTRODUCTION: The Police Radio in my car is not working properly and it would probably be more cost effective to replace it than to repair it. BACKGROUND: When my car was put in service in 1991, we installed an old radio the city mechanic found in his shop and cleaned up. This radio is an obsolete 4 channel model Motorola. The obsolescence is not a problem but it means it is not feasible to spend money on major repairs. The radio is becoming unreliable. The "Scan" and "Priority" features do not work right. The result is that I sometimes do not receive radio transmissions. This can create unacceptable levels of confusion when people in the field are trying to reach me. There is enough money left in the 1992 Police Budget to purchase a low end Motorola mobile radio with up to date technology. ALTERNATIVES: 1. Authorize purchase of a Motorola Spectra A-3 mobile radio. 2 . Do not authorize purchase of radio. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize purchase and installation of a Motorola Spectra A-3 Mobile Radio for the Police Chief's car at a cost not to exceed $1, 400. Ea Cat. Sec. item R3 1 141C 0 MOTOROLA SPECTRA Mobile Radio Featuring SECURENET Capable Models VHF 136-174 MHz, 50 WATTS and 50-110 WATTS _ UHF 403-433 MHz, 40 WATTS and 50-110 WATTS UHF 450-482 MHz, 40 WATTS and 50-110 WATTS UHF 482-512 MHz, 40 WATTS and 50-110 WATTS --i" • -:- ��� n 1J ®�®� , p� ®es X11 7.SPECTRA R9 is is • . ®awn is= in®® �S r tea.• V'ii t i �.x:a i ,, t p`'z',.....--r-Z.,::- '�'. �p 1. o ,444111, V A9 High-Power Model .A -. ` . pi qii ,.:ro.rooetra. I. 000 !)�, 4�lyrv . I' �� t • m �©0in� IMI 44\11 ....._ O A�y03EL P, I A5 Mid-Power Model with 1 Optional Remote Mounting Dash Mount A4 Mid-Power Model Featuring: • 8 Character Alphanumeric Display on the • Field Programmable A4, A5, A7 Models and 11 Character • MIL-STD 810C, 810D, and 810E Alphanumeric Display on the A9 Model • Optional Remote Mount Capability • Fast Lock Synthesizer Available on A3, A4, A5, and A7 Models • Broad Band Operation • Remote Mount Standard on all High- • Dual Priority "Channel Scan" Monitor Power Models and the A9 Mid-Power • STAT-ALERT Signalling Model A3 Package • STANDARD ( FeaturelAdvantage Ease of Operation—A unique.compact hand-held control STAT-ALERT Unit Identification and Emergency—Every head/microphone is standard on A3 models. Spectra radio is capable of sending a unique ID code at the begin- All radio controls are easily activated by the touch of a ning or end of each transmission.This ID may be combined with an emergency status that's manually activated by the vehicle operator. finger for convenient efficient communications. Dispatchers equipped with the appropriate decoder are 99 Channel Capability—Up to 99 synthesized channels automatically alerted to an emergency by an audible tone means you can incorporate this radio into almost any multi- and visual readout of a specific radio ID.This emergency frequency system. function provides added user safety and security.When used in the non-emergency mode, unit IDs are automatical- Its large channel capacity gives you "built-in"flexibility to ly displayed for the dispatcher, helping minimize the expand your system when you need to. amount of air-time required for transactions. Numeric Display—Large, easy to .._ "Call Alert" Decode—This allows the dispatcher(or another read LED display indicates which mobile operator)to selectively page an individual mobile and channel is in use. ! ; f activate the optional horn and light alarms. A quick glance provides ', 'r The operator can select the type of alert desired before immediate indication of channel • leaving the vehicle. It's the perfect solution for people who selection. are frequently out of their vehicles. w Quick Disconnect—The hand-held control head can be easily Auto Selective Call Decode—This feature allows the dis- removed from the vehicle allowing the operator to safely store it patcher to selectively communicate with an individual or group — when the radio's not in use. of individuals. In addition, a mobile operator can selectively call This feature is particularly useful during covert operations. another properly equipped mobile. Properly equipped mobile operators and dispatchers can streamline their communications by speaking only to those who need to know. ' Mode Slaved Fast Lock CHANNEL SCAN Monitor—This dual priority Channel Scan monitor allows you to field program a different scan list for every mode in the radio. --a 14'5 The channel monitoring operation is greatly simplified.The �,�- 3radio operator does not have to operate any controls ex- • cept to turn the scan on or off. Modes to be scanned and with what priority are already programmed into the radio. • f Up Hit. Dir 0 On Secure Capable Model 0n= l Dn Sen Off j OMOTOROLA .SPECTRA Mobile Radio Performance Specifications General Channel Capacity: 99 Modes(A3 Model) 128 Modes(A4.A5.A7.A9 Models) i, . Dimensions: Mid Power:2 01 H x 7.0•W x 8.6'L High Power:2 0'H x 9.25•W x 12.9•L Weight: Mid Power:5.5 ibs.(2.5 kg) High Power 10.65 lbs.(4 8 kg) Metering: None:All adjustments and alignments are performed electronically using,an IBM Personal Computer,a Radio Interface aBox(Battery(RIB)and the radio service software. MSecurenet Minimum StandardModelFactory ID Model Factory ID Frequency(MHz) Operation RF Power Standby Receive at Rated Transmit Output @ 13.8V Audio g 13.8V Rated Power i (Series) (Series) ) DA3KM1067 D43KMA DA3KX/067 D43KXA t2V DC ? DA4KM1067 D43KMA DA4KX/067 D43KXA 136.162 MHz 25-50W SA 2 SA t3° DA5KM1067 D43KMA DA5KX/067 D43KXA 146-174 MHz Negative Variable DA7KM1067 D43KMA DA7KX1067 D43KXA Ground TA9KMI067 T43KMA TA9100067 T43KXA DA3KM1068 D44KMA DA3KX/068 D44KXA DA4KM1068 D44KMA DA4KX1068 044KXA 403.433 MHz 12V DC 20 40w .5A 2.5A 12.5A DA5KMI068 D44KMA DA5KX/068 D44KXA 450-482 MHz Negative Variable DA7KMI068 D44KMA DA7KX1068 D44KXA 482.512 MHz Ground TA9KM/068 T44KMA TA9KX/C68 T44KXA TA3FW/078 T83FWA TA3GX/078 T83GXA 12V OC TA4FW1078 T83FWA TA4GX1078 T83GXA 136.162 MHz 50.110W 6A 3.6A 27A TA5FW/078 T83FWA TA5GX1078 T83GXA 146-t74 MHz Negative Variable TA7FW/078 T83FWA TA7GX/078 T83GXA Ground TA9FW1078 T83FWA TA9GX/078 T83GXA TA3F W/079 T84FWA TA3GX/079 T84GXA 403-433 MHz 12V DC 50-110W: TA4FWt079 T84FWA TA4GX/079 T84GXA 450-482 MHz 12 NegativeD •1106A 3.6A 31A TA5FW1079 T84FWA TA5GX1079 T84GXAGrund Variable5 -abW TA7FW/079 T84FWA TA7GX/079 T84GXA 482-512 MHz TA9FWI079 T84FWA TA9GXI079 T84GXA Variable $78 watt above 470 MHz Transmitter Receiver Receiver Profile: VHF UHF Output Impedance: 50 Ohms Channel Spacing: 30 kHz 25 kHz RS1526) Spurious&Harmonics: HighPower.'More than -85 aBC"(per EIA sdecs Optional Pre•Amp: yea no I yes I no S1 Mid Power VHF: -75 dBC UHF: -70 dBC Sensitivity: V Frequency Stability: ±0.0005'.'°:optional• ±0.0002%: -30°C to +60°C 20 dB Quieting: .30 AV .50µV .30µV .50 A 12 dB(EIA SINAD�: .20 AV .35µV 20µV .35µV Modulation: 18KOV3±3 dB fo t6. may,d deviat20K0ion *1E EIA Selectivity: -90 dB -90 dB -85 dB -85 dB Audio and Sensitivity:osVHF: 63 dB for 60%max.deviation 1000 Hz EIA Intermodulation: ` -80 dB -85 dB I -80 dB -850B' FM Hum Noise*: VHF: -60 c8:UHF: -50 d8 Spurious&Image Rejection: I -85 dB -90 aD I -85 dB I -90 dB Audio Response:Distortion: EIA Maximum Frequency Separation: 28 MHz 32 MHz Audiom quet2%at 1000 Hz at 60%deviation Input Impedance: 50 Ohms Maximum Frequency Audio Output: Mid Power:5 Watts at 3%O)stortion Separation:MHz VHF:110W Oniy)MHz:UHF.32 MHz High Power:12 Watts at 3%Distortion -70 ®136-142 (50- Frequency Stability: ±0.0005%:Optional• ± °/0.0002 . Speaker -30°C to +60°C Dimensions: 5.5' x 2.5'(14 X 6 cm) J AZ492FT3766 50-110 watts FCC Designation: VHF:ABZ89FT3732 25-50 watts Weight: 1.5 lbs.(.7 kg) UHF:ABZ89FT4736 20-40 watts AZ492FT4777 50.110 0• t0 watts a5a82 Mhz A4, A5, &A7 Remote Mount Control Heads AZ492FT47750-1101watts 482-5120. MHz Dimensions: H x 7'W x 2 5'L(5 x 18 x 6 4 cm) 0. AZ492FT4779 50.78 watts 403.433 Mhz Weight: 0.7 lbs.(.3 kg) MIL-STD 810E Testing A9 Remote Mount Control Head STANDARD METHOD PROCEDURE TEST RADIO PERFORMANCE Dimensions: 3.4'H x 6.5'Vl x 1.7'L(8 7 X 16.6 x 4.3 cm) MIL•STD 810E 514 4 II Vibration Meets or exceeds Weight: 1.2 lbs.(.54 kg) Category 3 (Loose cargo published specs following transport) vibration testing. Security MIL-STD 810E 514.4 I vibration Meets or exceeds Encryption Type: Digital Category 10 (Minimum published specs following Coding Method: Multi-register non-linear combiner integrity) vibration testing. Number of Codes: Dependent on encryption Options MIL-STD 810E 516.4 VI Shock(Bench Meets or exceeds specs Synchronization: Self synchronizing or counter addressing handling) following shock testing. Code Key Initialization: Internally derived pseudo-random initializing vector MIL-STD 810E 516.4 I Snock Meets or exceeds specs ` Code Key Generator External hand held micrODrOCe550r controlled key (Functional) following shock testing variable Nader -MIL-STD 810E 516.4 V Shock Meets or exceeds specs i Code Storage: Volatile electronic memory (Crash hazard) following shock testing. Analog nl Rain Meets or exceeds specs Conversion:mRContinuously Variable Slope Delta Modulation(CVSD) MIL•STD 810E 506.3 I (Wind driven) following rain testing. Voice Sample Rate: 12 K bitiSec MILSTD 810E 509.3 I Salt Fog Meets or exceeds specs 'Typical Specifications following salt fog testing. MIL-STD 810E 510.3 I Blowing Dust Meets or exceeds specs lI following dust testing. Spectra radios also meet Or exceed all requirements for MIL•STD 8100 and 810D. O MOTOROLA For additional environmental specifications information refer to the MIL-STD 810 document RO.1.193. 1301 E.Algonquin Road,Schaumburg,Illinois 60196 NATIONAL Support Services Telephone toll-free 1-800-247-2346 ....... Wherever Motorola sells.our product is Specifications subject to change without notice. " M'MOTOROLA backed by service.In the U.S..we have National v 8,Motorola,Spectra,Stat-Alert.Channel Scan, Winner 19813 Quality c......"." 900 authorized or company-owned Award SERVICE centers.In addition,our products are �- are Securenet,e trademarksCall of Motorola Touch-Code and Private Line Ai serviced throughout the world by a are of Inc.■�1991 by wide network of company or Motorola Inc.•Printed in U.S.A.(9112)Merit. authorized independent distributor ■Produced by Marketing Services. service organizations. Motorola is an Equal Employment Opportunity/Affirmative Action Employer R3-t-1410 M Nov. 16 , 1992 MOTOROLA C & E COST AND EQUIPMENT REQUIREMENTS FOR: Shakopee Police Dept . Attn: Jerry Poole 476 Gorman St. Shakopee, MN 55379 EQUIPMENT: SPECTRA VHF 50 Watt "A-3" QTY DESCRIPTION PRICE EXTENSION 1 DA3KX/067W; SPECTRA-50 Watt A3 Model 1360 . 00 $1 , 360 . 00 Base Price Includes: Dash-Mount Radio Unity Gain Antenna, 12V DC Negative Ground, Hand-held Control Head, 2 Digit Numeric Display, 99 Channel , Mode Slaved Dual Priority Scan, Mounting Hardware , Operator Manual OPTIONS: 0 W335 ; A3 with 8 Foot Cable 101 . 00 $0 .00 0 W496 ; A3 with 17 Foot Cable 206 .00 $0 .00 0 W544; 3db Gain Antenna (Maximum 66 . 00 $0 . 00 Frequency Separation - 5 MHz ) 0 B81 ; Key Lock Mount 33 . 00 $0 . 00 0 HSN4018A; Standard External Speaker 46 . 00 $0 .00 0 68-80102W61 ; Service Manual 40 . 45 $0 . 00 TOTAL AMOUNT 51 , 360 . 00 NOTE: Price DOES NOT include field-p ogramming TERMS: Net 30 After Invoice Delivery 2 Weeks Freight: FOB Shipping Point (via UPS ) CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Deferment of Special Assessments DATE: December 1, 1992 INTRODUCTION: The City has received an application from Alice Fehring for the deferment of special assessments against her property as a result of the 2nd Avenue Improvements, Project #1991-3 . BACKGROUND: As you are aware, both Minnesota Statutes and the City Code have provisions for Senior Citizens to defer their special assessments if it would be a hardship for them to make the payments. Ms. Fehring has completed an application stating that it would be a hardship for her to make payments for the special assessments against her property as a result of the recent improvements to 2nd Avenue. According to Ms. Fehring's application she does meet the conditions outlined in the City Code. ALTERNATIVES: 1. Approve the request. 2 . Deny the request. RECOMMENDATION: Alternative #1, Approve the request. REQUESTED ACTION: Approve the application from Ms. Alice Fehring, 635 East 3rd Avenue, and grant deferment of special assessments to parcel #27- 004018-0 for the 1991-3 2nd Avenue Public Improvements, pursuant to the conditions outlined in Section 2 .82 of the City Code. JSC/tiv • TO: Mayor Laurent Council Members FROM: Tom Steininger, Chief of Police SUBJECT: City Towing Agreement DATE: 12/10/92 INTRODUCTION: The Police Department requires the services of a towing company. BACKGROUND: Historically, the City has entered into agreements with private towing companies. The current agreement with Shakopee Towing Company expires on 12/31/92 . The existing agreement was reviewed by the City Attorney and Lester Koehnen, owner of Shakopee Towing. The agreement has been modified in accordance with recommendations made by the City Attorney and Mr. Koehnen. The changes in the agreement requested by Mr. Koehnen were to increase storage charges from $12 . 50 to $15. 00 per day for inside storage and $9 . 50 to $10. 50 per day for outside storage. The agreement also reflects the addition of clean-up charges that are consistent with what has become the standard in the towing industry. The City Attorney requested that the bodily injury liability insurance coverage be increased to meet the statutory requirement. Shakopee Towing has complied with insurance coverage that exceeds the statutory requirement. The Finance Director has indicated that there is no requirement to seek bids for this service. In the past when the City advertised for bids Shakopee Towing was the only bidder. Shakopee Towing has consistently provided the City with an excellent level of service during the length of the existing agreement. ALTERNATIVES: None RECOMMENDATION: Contract with Shakopee Towing to tow and store vehicles for a two year period commencing 01/01/93 . ACTION REQUESTED: Authorize the proper City officials to enter into an agreement with Shakopee Towing to tow and store vehicles for a two year period commencing January 1, 1993 . - AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December, 1992 , by and between the City of Shakopee, and Shakopee Towing, hereinafter referred to as the "Contractor" . WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW, THEREFORE, the parties heretofore and in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him. 2 . The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a week, holidays included. 3 . The Contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8 , 000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor ' s equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4 . All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of two (2) vehicles inside and facilities capable of storing a minimum of ten (10) vehicles outside. It is further agreed that vehicles will be stored inside only when so directed by an authorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7 . The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8 . The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9 . All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or its employee must be present at the Contractor' s parking facility or on call at least between the hours of 8 : 00 a.m. and 6: 00 p.m. , Monday through Friday, and on Saturday from 9 : 00 a.m. to noon, and Sunday from 10 : 00 a.m. to noon, for the purpose of releasing vehicles to authorized claimants . 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flat tires. 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or other debris resulting from the accident. 12 . The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor ' s storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. Towing Charges Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. $45 . 00. Type II, all tows which involve a vehicle which is not on or immediately adjacent to a public street or alley and which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $70 . 00 . Type III , all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. $90. 00 . NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. B. Towing of Large Vehicles Towing of vehicles of more than five (5) ton factory rated capacity. $95 . 00 minimum. C. Reclaimed Vehicles at Scene If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges 1. First 24 hours or fraction thereof A. Inside storage $15 . 00 B. Outside storage $10 . 50 2 . Each additional 24 hours or fraction thereof A. Inside storage $15 . 00 B. Outside storage $10 . 50 E. Clean Up Charaes 1. Removing vehicular parts and routine sweeping and clean-up $10 . 00 2 . Removing debris other than vehicular parts, and more extensive clean-up $45 . 00/hr F. Unlocking Vehicles: $35 . 00 The City shall not be responsible to the Contractor for the payment of any charge for towing, storage, clean-up, and/or unlocking vehicles. 13 . Should the Contractor fail to appear at the designated point of tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must i'-^ediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to call another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 14 . This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth below and that said insurance is in full force and effect with respect to all operations of the Contractor. The Contractor agrees to furnish to the City a copy of the policy or policies issued thereto which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Public Liability insurance including general liability automobile liability as follows: 1 . Bodily Injury Liability in the amount of at least $300, 000 for injury or death of any one person in one occurrence. 2 . Bodily iniury liability in the amount of at least $600, 000 for injuries or deaths arising out of any one occurrence. 3 . Property Damage Liability in the amount of at least $50, 000 without aggregate limit for any one occurrence. Such property damage insurance shall include coverage for property in the care, custody, and control of the Insured. 4 . Garage Keepers ' Legal Liability policy in the amount of at least $30, 000 . Each of these policies shall carry an endorsement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker ' s Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker ' s Compensation Law. C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 15. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 16 . The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 17 . It is mutually understood and agreed that no alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 18 . In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this Agreement forthwith. 19 . This Agreement shall be for a period from January 1, 1993 to December 31, 1994 , provided that either party may terminate the same without cause by giving ninety (90) days ' written notice to the other. 20. A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. CITY OF SHAKOPEE: Its Mayor Its Clerk Its Administrator CONTRACTOR: By Its Approved as to form: City Attorney .=,.N CI"0 ri:\\! TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Bids For Mid-size Squad Car DATE: December 8, 1992 Introduction The 1993 budget contains an appropriation for the purchase of squad cars. Background The 1993 budget includes an appropriation of $31,000 for the purchase of two squad cars. The Police Department has elected to try a mid-size front wheel drive squad car for this cycle. The authorization for the purchase of a full size squad car will follow at a later date. The Hennepin County purchasing cooperative bid for the mid-size squad car has been awarded to Farmington Ford for a Taurus police package. The mileage rating is reportedly 21 city and 30 highway. The mileage rating for the full size squad cars is reportedly 18 city and 25 highway for the Ford. The bid for the mid-size car is as follows; Base bid $11,916.00 LH spotlight 196.00 Block heater 17.00 Cloth bench seat 65.00 Anti-lock brakes 506.00 Floor mats 23.00 Single key 17.00 Shop manual 75.00 Total 12,815.00 Alternatives 1. Buy as per above. 2. Buy as per above but modify options. 3. Rebid on our own. 4. Don't buy a mid-size squad. Recommendation Alternative number 1. Action Move to authorize the purchase of a mid-size police squad from Farmington Ford in the amount of $12,815.00 in accordance with the Hennepin County Purchasing Cooperative bid. C S TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Workers Compensation Insurance Renewal DATE: December 4, 1992 Introduction The City has received the workers compensation insurance renewal quotation. Background The city has received the renewal quotation for the workers compensation insurance policy from the League of Minnesota Cities Insurance Trust. The deposit premium is $89,860.00. The deposit premium for 1992 was $87,484.00. Action Requested Move to authorize the Finance Director to execute the documents requesting coverage for the 1993 workers compensation insurance from the League of Minnesota Cities Insurance Trust and disburse the deposit premium in the amount or $89,860. ,,.\, -mo , COSkT\ T MEMO TO: Dennis Kraft, City Administrator IdFROM: Dave Hutton, Public Works Director 7 SUBJECT: 1993 Staff Increases /�f` DATE: December 7, 1992 INTRODUCTION: Staff is requesting authorization to initiate advertisement for the staff increases included in the 1993 Budget. BACKGROUND: The 1993 budget includes the following staff increases in the Public Works Department: Division Position Street Maintenance Worker Shop Mechanics Assistant Engineering Engineering Technician Engineering Civil Engineer Staff is requesting authorization to contact the Scott County Personnel Department to commence the advertisement process for these positions. ALTERNATIVES: 1. Approve the request. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct staff to contact the Scott County Personnel Department to advertise for the following 1993 budgeted Public Works Department positions: Maintenance Worker, Mechanics Assistant, Engineering Technician and Civil Engineer. DEH/pmp STAFF O MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County Road 78 Project , DATE: December 8, 1992 INTRODUCTION: The Scott County Highway Department is requesting that the City of Shakopee execute the attached Wetlands Replacement Agreement regarding the County Road 78 Project. BACKGROUND: Scott County is proposing to construct C.R. 78 from C.R. 17 to T.H. 169 . A portion of this road project is located within the City of Shakopee (between C.R. 17 and C.R. 79) . The City Council of Shakopee has already approved of the construction plans for this project by resolution. The proposed highway project results in the filling of approximately 0. 9 acres of wetlands, of which 0.45 acres is located within the City of Shakopee and 0. 45 acres is located in Jackson Township. To comply with the Wetlands Conservation Act of 1991, these wetlands must be replaced. The County is proposing to replace the 0.9 acres of wetlands filled with 3 . 0 acres of wetlands, of which 0. 5 acres is located within the City of Shakopee and 2 .5 acres is located within Jackson Township. The 2 . 5 acres pond in Jackson Township is being constructed to also provide stormwater detention benefits to the project, as well as wetlands replacement. The proposed replacement plan has been approved by Jackson Township, the Shakopee Basin WMO and the Technical Evaluation Panel, which is required by the Wetlands Act. The Technical Evaluation Panel consists of 3 members, 1 Scott County Soil District member, 1 Board of Water and Soil Resources member and 1 LGU member (Jackson Township in this case) . The Technical panel ' s report and findings is attached. The Wetlands Act also requires the City of Shakopee to approve of the proposed replacement plan. The Wetlands Act specifies that the City Engineer shall administer this act and sit on any technical panels established by the City of Shakopee. Staff has reviewed the proposed replacement plan several times over the last 6 months, both directly with County staff and also as a member of the Shakopee Basin WMO and finds the replacement plan to be acceptable and in conformance with the intent of the Wetlands Act of 1991. ALTERNATIVES: 1. Direct the City Engineer to execute the attached Wetland Replacement Agreement for the Scott County Highway 78 Project. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. The term agreement is slightly confusing in that the City is not actually going to be required to do anything or spend any funds on this issue, but rather is approving of the proposed replacement plan of wetlands located within the City limits. ACTION REQUESTED: Move to direct the City Engineer to execute the attached Wetland Replacement Agreement for the Scott County Highway 78 Project (Project No. 89-78-01) . DEH/pmp CR78 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 November 30, _. DON D. PAULSON Asst. Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City :f Shakopee 129 East F il-st Avenue °nakop,e . MN E5379 • Re: C? S9-78-01 Dear Lave : The Scott County Highway Department is hereby requesting the City of Shakcr_ee ' s review and approval of the Scott County Highway Department ' s wetland Replacement Plan for the above reverenced project . CF 89 1 =: the reconstruction and e::ter.sicn_ of CR 78 in the City of Shakopee and Jackson Township. The proposed highway construction p t includes filling pp ;xin atel 0 . 9 J acre _ f several .smalla�l wetlands of which approximately 0 . 45 acre is located in the tit': of Shakopee between CR 79 And CSAH 17 . The Scott County Highway D.=parr:Tent met with the WCA Technical Evaluation Panel for Jackson Township on Monday, November 9 , 1992 , to review Scott County' s Wetland Replacement Plan for CF 89-78-01 . The enclosed wetlands Reolacement Acreement was reviewed and a field reconnaissance conducted. For your in::,rmation. also enclosed is .7 copy o: the corresponcence received from the Technical Evaluation Panel with ccrr.!;.,n ..._ an r_ccrrn!r_ndat_ . : . If you have a:-.y rue ions Cr would like additional information, please contact this office. icer=ly, Assistant -i;hw; _ Engineer Enc . An Equal Opportunity/Affirmatie Action Employer WETLAND REPLACEMENT AGREEMENT The Scott County Highway Department proposes to place fill in several small wetland areas located along Scott County Highway No . 78 under Scott County Project 89-78-01 . The proposed highway construction project will involve approximately 0 . 9 acre of filling, with approximately 0 . 45 acre located in Jackson Township and approximately 0 . 45 acre in the City of Shakopee. Minn. Stat . 103G. 2369 states that the activity can' t take place unless Jackson Township and the City of Shakopee ( the Local Government Units ) certify that the wetland areas lost will be replaced. In order to obtain that certification, the Scott County Highway Department agrees to replace the approximately 0 . 9 acre of wetlands lost by: 1 ) Constructing a storm water detention pond ( approximately 2 . 5 acres) in Section 15 of Jackson Township (near the intersection of TH 169 and TH 41 ) . 2 ) Scott County has expanded an existing wetland ( approximately 0 . 5 acre) in Section 29 of the City of Shakopee (at the intersection of CSAH 14 and CSAH 17 ) . Scott County Highway Department Date City of Shakopee Date Jackson Township Date C : K\AGRMT\MISC\WETLAND 11/21/1992 /tea To: Jackson Township, Local Government Unit (LGU) for administering the Wetland Conservation Act of 1991 (WCA) From: WCA Technical Evaluation Panel Subject: County Road #78 Upgrade and Extension Date: November 13 , 1992 • A field review of the proposed Co. Rd. $78 upgrading and extension was conducted on November 9, 1992 by the Technical Evaluation Panel as required by the WCA. Members of the panel were: James Haertel, Board of Water and Soil Resources; Peter Beckius, Scott Soil and Water Conservation District; and Norbert Thies, Jackson Township. The primary purpose of the panel was to review the wetlands identified and delineated and the replacement plan proposed for the filled wetlands. The. TEP will make recommendations to the LGU on the adequacy of the proposed replacment plan. The delineation work and the replacement plan was done by Daniel Jobe of the Scott County Highway Department. Site inspection comments on the proposed project and recommendations are as follows: 1) Wetlands are identified and located on the engineering plans for the road improvement. The wetland location and the delineation of the wetland was completed using topographic contours developed using survey information compiled for the design of the road. The wetland areas were colored to make them more identifiable with land use features, such as power lines, property line, buildings etc. The field investigation showed the location to be accurate and the size to be greater than what would have been delineated using the "1989 Federal Manual For Identifying and Delineating Jurisdictional Wetlands" . The area to be filled, as indicated on the engineering plan, was planimetered by the Highway Engineer. The acres to be filled as identified in the letter to the Shakopee Basin WMO on July 28 , 1992 are problably less than what will actually occur, because of the method used to identify the wetland boundaries. PLEASE NOTE: In the future, the LGU should require that the wetlands are staked in the field by a qualified wetland • delineator using the "1989 Federal Manual for Identifying and Delineating Jurisdictinal Wetlands" . 2) The County used sequencing to minimize the damage to wetlands by moving the centerline of the road as far as practical from the wetland area . EN Nov 1 71992 3) The Township should require that the "Best Management Practices" (Those practices which will he used (luring construction to minimize the impact of erosion, sedimentation and water quality degradation) should be identified on the engineering plans prior to the start of construction activities. The Scott Soil and Water Conservation District should be consulted to review the practices for adequate protection. 4) A "Replacement Agreement" should be prepared by the County which outlines the area to be used for replacement of the wetlands lost due to filling during construction. The agreement should specify that the replacement of wetland area must be completed prior to, or concurrent with the filling of the wetland. This agreement should be signed by the County Highway Department and the LGU. 5) The proposed mitigation, which is the created . 5 acre wetland at the Jct. of Co. Rd. #14 and #17 and the detention pond at the Jct. of Hwy *169 and #41 should have a conservation easement recorded on them. 6) The Technical Evaluation Panel (TEP) also recommends that the Detention Pond be constructed using a clay liner. The highly permeable soil in this area may take several years to seal. In addition, the TEP also recommends a NURP pond or pre- treatment cell be created immediately upstream from the detention pond to provide an area where sediment and debris can be collected and easily removed as part of long term management. • Summary: The TEP recommends approval of the replacement agreement, consistent with the above six items, as long as Jackson Township monitors the replacement to insure timely and proper completion. Signed ')-0-1W ba- James Haertel Board be water and Soil Resources Signed '. Peter Beckius Scott Soil and Water Conservation District signed Norbert Theis Jackson Township CONSEI\IT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director it( SUBJECT; Wetlands Act of 1991 _ X DATE: December 8, 1992 INTRODUCTION: Staff has received the draft rules for the permanent wetlands regulations and will be attending a December 17, 1992 public hearing in St. Paul to provide written comments to the Board of Water and Soil Resources. Staff is seeking City Council direction and concurrence on the proposed comments from the City of Shakopee. BACKGROUND: On January 1, 1991 the Wetlands Act of 1991 went into effect. The act called for an interim period of 18 months whereby Local Governmental Units (LGU) would operate under temporary wetlands rules. The act required the Board of Water and Soil Resources (BWSR) to adopt the permanent wetland rules by July 1, 1993 . The draft copy of the permanent rules has been completed and staff has received a copy of the draft rules. The BWSR is holding public hearings throughout the State to receive comments on the proposed rules. Staff will be attending the public hearing in St. Paul on December 17th. The proposed rules are too lengthy to submit to the City council, but the League of Minnesota Cities has prepared a summary of the rules, which is attached. The LMC has also summarized some of the key issues that should be discussed and reviewed by all cities for possible comment at the public hearings. Staff has reviewed the entire draft rules, as well as the various other information and comments received from LMC, Mn/DOT, etc. Staff would like to summarize the various issues and formulate an official City policy on each of them to present in writing at the public hearings. Issue #1 - Definition of "Agricultural Land" The final rules do not define agricultural land adequately. The term agricultural land is used differently in two different sections of the rules, allowing for different interpretations of the phrase. For most cities, this may not be a problem, but because of the large area of rural land in Shakopee, the lack of a more defined definition could be the source of future conflicts or disputes. Suggested City Position The City of Shakopee strongly recommends a more defined and singular definition of the term "agricultural land" to avoid possible future disputes and conflicts. Issue #2 - Inequities in Replacement Acres Between Rural Area vs. Urban Area. The rules required a 1: 1 replacement in rural areas, but a 2 : 1 replacement ratio in urban areas. Again, the rules do not adequately provide a definition of rural vs. urban areas. suggested City Position The City of Shakopee supports the removal of all language in the rules that would propose inequities between rural areas and urban areas (i.e. 2 : 1 vs. 1: 1 replacements) . Wetlands should be dealt with uniformly and consistently on a statewide basis. Issue #3 - Recording of Exemptions If there are any exemptions to the wetlands, many of these exemptions require that the owners cannot use their land for 10 years, except for agricultural purposes, and the LGU must record this exemption on the deed if it is in an urban area. Rural areas do not have to record their exemptions. Again, besides the inequities between rural and urban, this rule could be very cumbersome and onerous and should be eliminated. Suggested City Position The City of Shakopee supports the elimination of the rule requiring Cities to record exemptions on lands for 10 years. Issue #4 - Wetlands Banking The current rules only allow for wetland banking of restored wetlands, but if an LGU creates a new wetland it is not eligible for banking. Staff feels that failure to allow newly created wetlands to be banked may eliminate many promising projects, such as construction of detention ponds, etc. There are many ways to build and create successful wetlands. Suggested City Position The City of Shakopee recommends allowing the creation of wetlands to be banked, as well as the restoration of wetlands. Issue #5 - Technical Evaluation Panel The rules indicate that the 3 member Technical Panel (BWSR, SCWD and City reps) must be created and the City Council must abide by the panels findings. The LMC feels that this panel should be more advisory and supportive in nature, rather than binding to the governing body and staff agrees. Suggested City Position The City of Shakopee feels that the Technical Evaluation Panel should only be advisory to the City Council, but that the City Council has the final decision and could over rule the panels findings, if there is good cause. RECOMMENDATION: Staff recommends that the City Council discuss and adopt a position on each of the above 5 issues, so that staff can present the City of Shakopee' s position at the public hearings. If there are any other issues regarding the permanent wetlands rules that Council wishes to take a position on, staff should be given the appropriate direction. ACTION REQUESTED: Move to direct the appropriate City staff to prepare and submit written comments to the State Board of Water and Soil Resources regarding the City of Shakopee' s position on the permanent wetlands rules. DEH/pmp WETLANDS M+V CITY OF SHAKOPEE *, ' .'-‘!‘z, INCORPORATED 1870 epi ` KO1 ' 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 <i ti. 5: December 9, 1992 " Judge Allan Klein Office of Administrative Hearings 100 Washington Square, Suite 1700 Mpls. , MN 55401 RE: The matter of the proposed rules prepared by the State of Minnesota Board of Water and Sources for implementation of the Wetlands Conservation Act of 1991 Honorable Judge Klein: The City Council of Shakopee has reviewed the proposed permanent rules for the Wetlands Act of 1991 and would like to offer the following comments on them. The City Council of the City of Shakopee hereby: 1. Recommends a more defined and singular definition of the phrase "agricultural land" to avoid interpretation conflicts of this phrase. 2 . Supports the removal of any language in the permanent rules that would propose inequities between the rural areas and urban areas (i.e. 2: 1 replacement vs. 1: 1 replacement) . All wetlands within Minnesota should be addressed uniformly and consistently on a statewide basis. 3 . Supports the elimination of the rule requiring cities to record exemptions on the landowner's deeds. 4 . Supports the revision of the wetlands banking rule to include not only restored wetlands, but also created wetlands. 5. Supports the creation of a Technical Evaluation Panel, but only for advisory purposes to the City Council. Sincerely, David E. Hutton, P.E. Public Works Director/City Engineer City of Shakopee The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER • 3490 Lexington Avenue North St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 December 2, 1992 To: Managers or Clerks From: Joel Jamnik, Legislative Counsel Subj: Wetland Conservation Act and Rules Enclosed for your information is a somewhat daunting packet of information regarding the permanent rules proposed for administering the Wetlands Conservation Act of 1991. The materials are intended to provide you with sufficient background information to allow your participation in the rule adoption hearings which will be held throughout the state in December. If your city has been a designated local government unit (LGU) under the interim program these materials will somewhat duplicate materials you should already have received from the Board of Water and Soil Resources. The materials we are sending include: • Notice of Hearings for the proposed rules • A summary of the Wetland Conservation Act of 1991 • A summary of the Wetland Conservation Act Proposed Rule • A copy of the Proposed Permanent Rules Relating to Wetland Conservation • The Statement of Need and Reasonableness for the Proposed Rules • A listing of the LGUs Formally Accepting or Declining Responsibility for the Interim Program (dated November 11, 1992) We realize that the amount of materials sent will likely exceed anyone's ability to read but it is likely that each piece will have value as a reference material for particular questions involving the rule. History The Wetland Conservation Act was signed in June 1991 after a two year period of legislative deliberation. The central feature of the Act was adoption of a "no net loss" principle for all wetlands in the state, regardless of size or location. This principle, however, was lessened with the adoption of twenty-four exemptions and broadened by requiring wetlands which are drained or filled to be replaced at a ratio of 2:1 if the wetland is in a non-agricultural area. 1 The Act provided for an interim wetlands program which is to be effective from January 1, 1992 until July 1, 1993, when the permanent rules are scheduled to take effect. The legislature, and the state agencies charged with formulating a permanent program, established an involved process aimed at involving all affected parties in the process. The Governor appointed nine people to a Wetland Heritage Advisory Council (WHAC) which the Act established to make recommendations to the state Board of Water and Soil Resources (BWSR), which is charged with adopting the administrative rules. The WHAC in turn established a Rules Working Group which reviewed the proposed permanent rules drafted by state agency staff. The Rules Working Group was comprised of 22 interest groups, including several local government representatives. The League appointed Paul Krauss, Planning Director of Chanhassen, to represent our interests. The Working Group met eleven times for over one hundred hours to review and recommend the proposed final rules. All cities and city officials in Minnesota owe Paul and the City of Chanhassen a great deal of thanks for representing our interests during this difficult and challenging process. The WHAC in turn spent ten days reviewing the recommendation and the BWSR Board forwarded the rule to the hearing process. Following the hearings, the Administrative Law Judge will make recommendations for change, if any, to the BWSR Board which in turn will make any changes deemed necessary and then submit the rule to the 1993 legislature by March 1, 1993. The rule, if approved by the legislature, will then be sent to all LGUs by May 1, 1993 and will go into effect July 1, 1993. As you can see, this has not been a streamlined process. And like the legislative process for the Act, it has been a particularly frustrating process for city representatives and city property owners and developers because of the attention given to agricultural and environmental representatives and interests. On top of all this, it is likely that the 1993 legislature will consider substantive amendments to the Wetlands Conservation Act. Provisions in the Act which the League and other city representatives hope to address include the role of the technical review panel, the $75 limit on municipal fees for plan reviews, the disparate replacement ratios for agricultural and non-ag land, broadening the exemptions to include type one and two wetlands under two acres within urban areas (similar to exemptions 7 and 8 in the current Act for ag lands), and whether there remains any opportunity to simplify a process which is getting more complicated every time a committee meets. These issues, however, must be addressed by statutory change. I have not included a copy of Chapter 354, 1991 Session Laws, which is the Wetland Conservation Act, since many cities or their city attorneys have ready access to the session laws. If you wish to obtain a copy of the sixty-two page Act, please contact me. In reviewing the proposed rules, I suggest you rely on the summary prepared by BWSR staff and refer to the other documents as questions come to mind. I would suggest you focus on the following issues in evaluating the proposal and making comments to the administrative 2 law judge or legislature: • There are two definitions proposed for "agricultural land" which differ depending on whether the definition is being used for exemption determinations or replacement ratios. This bifurcated definition might be a good political compromise, but it makes for a complicated rule. We recommend a single definition. • The definition of public transportation project means any project conducted by a public agency. We support use of this definition rather than a more narrow definition which might be applied only to state department of transportation projects. • Following the exemption determination under exemption 23, owners are restricted for a period of ten years from making other than agricultural use of the land. If the LGU approves an exemption, the landowner must execute and the LGU must record a notice of the restriction if the wetland is in a city. No recordation is required in rural areas. This difference is unsupportable and should be eliminated. (See page 21 of the proposed rule) • The section of the rule for determining the LGU provides that in the metropolitan area the LGU is the city or water management organization regulating surface water related matters in the affected area but will be the city if there is no indication in the local watershed management plan. Outside the metropolitan area, the LGU will be the City or County. Most importantly, for activities in a wetland located in two jurisdictions, the LGU is the one exercising zoning authority over the project. We support the connection of the review process to local zoning which will ensure generally primary authority with cities. However, for cities which do not have the technical expertise or staff available to assume administration of the Act, we suggest that the rules allow those cities to authorize the county to exercise authority within the city. We suggest all city officials read rule section 8420.0200 (page 22 of the draft rules) to see if it meets your city's particular needs. • The use of the technical panel is somewhat confusing under the rules, primarily because original drafts have been revised by local government representatives. We now believe that the proposed draft is workable, although we would prefer it if the section was amended to give cities more flexibility in dealing with the technical panel and its members, perhaps by deleting the requirement for obtaining public value determinations from the technical panel. Again, we suggest an individualized reading of the rule, in this case section 8420.0240 (page 26), to determine the acceptability of the provision for your city. • The wetland banking standards and criteria in the rules treat created wetlands and restored wetlands differently. This reflects the state agency and environmentalists preference for restored wetlands. However, since created wetlands often are established as part of water control structures, city developers and road project engineers would be greatly benefitted if the created wetlands also qualified for banking. In short, as presently drafted, a city would receive absolutely no credit for creating a ten acre wetland as part of a road or development project and could be forced to restore another site on a two for one basis if a half acre 3 wetland drained or filled as part of the same project. This disparity in treatment seems unfair and has a disproportionately harsh impact on public transportation and development projects (pages 74-75 of the rules cover this issue). As previously stated, these are our most significant areas of concern. We encourage you to study the rules and communicate your concerns to the administrative law judge, legislators, and League staff. Perhaps the most disappointing aspect of the process to date is the apparent disregard for one of the primary legislative goals: simplification of our preservation programs. It remains to be seen whether the legislators react to the proposed rule framework with an initiative to instill simplicity and fairness into the system. 4 SUMMARY WETLAND CONSERVATION ACT PROPOSED RULE This summary has been developed to provide an overview of the proposed rule which has been presented to Allan Klein, Administrative Law Judge. It is not intended to be used as a substitute for the complete proposed rule or the statute. In order to fully understand the Wetland Conservation Act, the complete proposed rule and the statute should be read together. These documents are available for viewing at the Board of Water and Soil Resources (BWSR) and at soil and water conservation district (SWCD) offices. To obtain copies of the complete documents contact Lynette Morrisette at (612) 296-2840. Public Hearings regarding the rule will be held a 1 p.m. and 7 p.m. at the following locations: December 7 Alexandria Park Inn, I-94 and Hwy. 29 9 Thief River Falls NW Tech College Aviation Center, 747 Airport Rd 10 Grand Rapids Rainbow Inn, 1300 E Hwy 169 14 Marshall SSU, Business Adm. Bldg. Rm. BA 102 15 Mankato MN Valley Regional Library, 100 E. Main St. 17 St. Paul State Office Bldg., Basement Hearing Room If you have specific questions please contact your local governmental unit or regional BWSR representative. * Unresolved issue to be given special attention during public hearings. PURPOSE - Page 1 • To implement the Wetland Conservation Act of 1991 achieve no-net loss of wetlands restore or enhance diminished or lost wetlands avoid direct or indirect impacts to wetlands replace wetland values SCOPE - Page 1-2 • Wetlands must not be drained or filled unless replaced • This chapter does not: prevent the use of wetlands for cropping or pasturing prevent filling to accommodate irrigation wheel booms prevent control of noxious weeds apply to DNR public waters and wetlands require state agencies to obtain LGU approvals • In addition,governmental decisions are subject to the Minnesota Environmental Rights Act and Minnesota Environmental Protection Act. KEY DEFINITIONS - Pages 2-9 ACTIVITY "Activity" means draining or filling a wetland wholly or partially * AGRICULTURAL LAND "Agricultural Land" means: a. for exemption determinations; land devoted to the production of horticultural, row, close grown, introduced pasture, introduced hayland crops, and to growing nursery stock; and b. for determining the replacement ratio;land devoted to the production of horticultural,row,close grown,pasture, and introduced hayland crops,and to the pasturing of livestock and dairy animals,to growing nursery stock,and to animal feedlots. BEST MANAGEMENT PRACTICES "Best Management Practices"means state approved construction practices associated with draining, filling,and replacing wetlands that are capable of preventing and minimi7ing degradation of surface water and groundwater. DRAINAGE OR DRAIN "Drainage or Drain"means any method for removing or diverting waters from wetlands. Such methods shall include,but are not limited to, excavation of an open ditch, installation of subsurface drainage tile, filling, diking, or pumping. FILL "Fill" means any solid material added to a wetland that would alter its cross-section or hydrological characteristics, obstruct flow patterns, change the wetland boundary, or convert the wetland to a non-wetland. It does not include posts and pilings for linear projects such as bridges, elevated walkways, or powerline structures, or structures traditionally built on pilings such as docks and boathouses. However, it does include posts and pilings which result in bringing the wetland into a non-aquatic use or significantly altering the wetland's functions and values, such as the construction of office and industrial developments, parking structures, restaurants, stores, hotels, multi-family housing projects, and similar structures. It does not include slash or woody vegetation, so long as the slash or woody vegetation originated from vegetation growing in the wetland and does not impair the flow or circulation of water or the reach of the wetland. IMPACT "Impact" means a loss in the quantity, quality, or biological diversity of a wetland caused by draining or filling. IMPACTED WETLAND An impacted wetland is a wetland that has been drained or filled, partially or wholly, and is subject to replacement. INTRODUCED HAYLAND "Introduced Hayland" means an area devoted to the production of forage and cultivated in a rotation of row crops or small grains or interseeded with introduced or native species at least once during the 20 year period prior to the date of the enactment of this act. These areas must be harvested by mechanical methods at least two years during the period January 1, 1981 to January 1, 1991. These areas are considered to be in agricultural crop production. INTRODUCED PASTURE "Introduced Pasture"means an area devoted to the production of forage and cultivated in a rotation of row crops or small grains or interseeded with introduced species at least once during the 20 year period prior to the date of enactment of this act. These areas must be harvested by grazing at least two years during the period January 1, 1981 to January 1, 1991. These areas are considered to be in agricultural crop production. LOCAL GOVERNMENT UNIT "Local Government Unit" (LGU) means: a) outside of the seven-county metropolitan area, a city council or county board of commissioners; b) in the seven-county metropolitan area, a city council, a town board, or a watershed management organization under section 103B.205, subdivision 13; and c) in those cases where an activity or replacement will occur on state land, the agency with administrative responsibility for that land is the LGU. NON-DEGRADED WETLAND A non-degraded wetland is a wetland which has not been partially drained or filled by human activities. PASTURE "Pasture" means land used for grazing by domestic livestock. PUBLIC TRANSPORTATION PROJECT "Public Transportation Project" means any project conducted by a public agency involving transportation facilities open to the public. PUBLIC WATERS WETLANDS "Public Waters Wetlands" means all types 3, 4, and 5 wetlands, (greater than 10 acres in rural areas and greater than 2.5 acres in municipal areas) that were inventoried by the DNR as public waters. REPLACEMENT WETLAND "Replacement Wetland" means a wetland restored or created to replace public values lost at an impacted wetland. RESTORATION "Restoration'means reestablishment of an area that was historically wetlands but which currently provides no or minimal wetland functions due to alteration such as filling or drainage. WATERSHED "Watershed" means the 81 major watershed units delineated by the map, "State of Minnesota Watershed Boundaries - 1979" as produced by the Minnesota Department of Natural Resources, et. al. WETLANDS,A WETLAND, THE WETLAND,WETLAND AREA a) "Wetlands"means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: 1) have a predominance of hydric soils; 2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 3) under normal circumstances support a prevalence of such vegetation. b) As used in this rule the terms "a wetland" and "the wetland" mean a distinct hydrologic feature with characteristics of part a), surrounded by non-wetland and including all contiguous wetland types, except those connected solely by riverine wetlands. The term "wetland area" means a portion of a, or the, wetland. c) Wetlands does not include public waters wetlands, as defined in subdivision 18 and public waters as defined in subdivision 15, that are designated on the public waters inventory maps prepared under section 103G.201. WETLANDS IN A CULTIVATED FIELD "Wetlands in a Cultivated Field" means a wetland where greater than 50 percent of its boundary abuts land that was planted in six of the ten years prior to January 1, 1991 or was in crop rotation in six of the ten years prior to January 1, 1991. WETLANDS LOCATED ON AGRICULTURAL LAND "Wetlands Located on Agricultural Land" means a wetland where greater than 50 percent of its boundary abuts agricultural land. EXEMPTIONS SCOPE OF EXEMPTION STANDARDS - Page 10 • An activity is exempt if it qualifies for any one exemption • These exemptions do not apply to calcareous fens • No exemptions apply to wetlands restored or created as a result of an approved replacement plan • A person conducting an activity in a wetland under an exemption shall ensure: appropriate erosion control measures are taken does not block fish activity in watercourse activity is conducted in compliance with other regulations Best Management Practices (BMPs) are implemented KEY EXEMPTION STANDARDS - Pages 11-22 A replacement plan for wetlands is not required for: Exemption 1 - Wetlands cropped or in set-aside 6 of 10 years • Documentation must be required • If wetlands are claimed as set aside areas for this exemption they must be wetland types 1 and 2. 10 year ag-use only restriction key issue found in exemptions 1, 2, 4, 7, 8, and 23 deed recording required if the wetland is in a city Exemption 2 - Wetlands enrolled in CRP • 10 year ag-use only restriction Exemption 3 - Ditch Maintenance • Allows maintenance without replacement for wetlands drained which have been in existence for less than 20 years. • Allows maintenance which fills wetlands which have been in existence more than 20 years when located within the ditch right-of-way: filling is limited to spoil side casting. Exemption 4 - Commenced drainage determinations • A USCA "swampbuster" determination • 10 year ag-use restriction Exemption 6 - USCOE Nationwide Permit Projects • Projects that have Army Corps nationwide permits 3-7, 12-17, 20-23, and 25 • Nationwide permit number 14 for a new road, number 26 and others not listed do not qualify for exemption • To qualify for nationwide permit, applicant must: meet any regional conditions obtain an individual 401 certification from PCA Exemption 7 - Type 1 wetlands on Ag land • Landowner must provide the same proofs as Exemption 1 lands abutting at least 50% of the wetland boundary technical panel may be asked to determine wetland type • This exemption applies when the wetland is all type 1; or is combination of types 1 and 2 on agricultural land, and type 2 is less than 2 acres • 10 year Ag-use restriction Exemption 8 - Type 2 wetlands less than 2 acres on Ag land • Landowner must provide same proofs as Exemption 7 • Technical Panel may be asked to determine wetland type/size • Wetland size is the area within its boundary • 10 year Ag-use restriction • This exemption applies when the wetland isatype2; or is a combination of types 1 and 2 on agricultural land and type 2 is less than 2 acres Exemption 10 - "Accidental Wetlands" • Wetland can be drained or filled if - landowner can show the purpose was not to create a wetland - it was approved/permitted/funded/overseen by public entity - it was created by beaver dam construction - it was created by culvert blockage Exemptions 11, 12, and 1.3 - Utility work • Utility line construction and maintenance are exempt if performance standards (including BMPs) are met. Exemptions 14 and 15 - Forestry roads • These exemptions are for roads constructed for the primary purpose of providing access for the conduct of silvicultural practices. • Must maintain existing hydrologic and biologic characteristics and apply BMPs Exemption 23 - "Swampbuster" exemption • Exempt if enrolled in the federal farm program • ASCS documentation required • If the activity would result in loss of federal program eligibility, the landowner cannot qualify for the exemption by withdrawing from the program • 10 year ag-use only restriction Exemption 24 -Development projects approved prior to January 1, 1992 • Time period: five years prior to effective date of WCA (July 1, 1991) • Drain/fill activity may be completed without replacement if preliminary plat approval in specified time period - approval has not expired - project remains active • Where wetlands can be avoided within the terms of the approved plan, they must be avoided PROCEDURES Determining the LGU -Page 22 • LGU responsible for making exemptions, no-loss decisions and approving replacement plans • Outside seven county metropolitan area county or city (or delegate) where the activity is located • Seven county metropolitan area city or town or watershed management organization (or delegate) where the activity is located • Activity in a wetland located in two jurisdictions, LGU is: the one exercising zoning authority over the project the one in which most of the wetland loss will occur BWSR will coordinate project review Exemption Determinations - Page 23 • LGU must keep on file all exemption determination information • Exemption applies even if LGU does not issue certificate • LGU must issue a certificate of exemption if eligible landowner requests • Landowner is responsible for submitting proofs to qualify for exemption • The person doing the activity under an exemption shall ensure that: appropriate erosion control measures are taken activity does not block fish passage activity is in compliance including BMPs No-Loss Determinations - Page 24 • Wetland restoration projects requiring fill • Projects impacting less than 100 square feet per year • Seasonal water level management activity Replacement Plan Determinations - Page 24 • LGU must approve of replacement plan before activity begins • LGU may use its usual notice and comment procedures • Time frame for comments, decision and effective date Technical Panel Procedures - Page 26 • Three-person panel: BWSR, SWCD, and LOU engineer Others may serve in advisory capacity if invited by the LGU • SWCD member shall act as contact person and coordinator • Two members must be knowledgeable and trained - methodologies of federal delineation manual - delineating jurisdictional wetlands - evaluating public values * Panel shall: - make scientific determinations - review replacement plans - make recommendations to LGU • LGU can make determinations in place of technical panel if - comprehensive wetland management plan with wetlands identified exists - approved by technical panel incorporated into local ordinance Other LGU Wetland Rules and Ordinances - Page 27 • WCA provides minimum standards • LGU may require more procedures/protection, but not less Appeal of LGU Decisions - Pages 27-29 • Decision is final if not appealed according to appeals procedures Penalty for LGU Failure to Apply The Law- Page 29 • At least 60 days prior to July 1, 1993 - BWSR shall send rules to LGU - LGU shall acknowledge responsibilities • 60 day moratorium if LGU does not accept responsibilities • If LGU is not following the rules and WCA - BWSR will notify - LGU will appear at a hearing - BWSR shall make written request for corrective action - LGU has 60 days to comply - appropriate legal action to ensure compliance Compensation - Page 30 • Compensation may be applied for by the landowner after an appeal if a replacement plan is not approved. • If BWSR does not compensate qualifying landowner, then applicant may conduct activity. Appeal from Board Decisions - Page 31 • Appeal of BWSR decision taken to the state court of appeals Enforcement Procedures - Page 31-34 • DNR Commissioner, conservation officers, peace officers enforce the Act cease and desist orders in cases where issued to LGU, decision by BWSR restoration orders: prepared by SWCD replacement orders: prepared by SWCD • Each order shall tell that violation is misdemeanor MDi-LNG Pages 34-36 • Projects regulated by DNR permit to mine and reclamation regulations are not subject to the WCA; all other mining operations (e.g. sand and gravel, small peat operations) are subject to these rules. HIGH PRIORITY REGIONS AND AREAS High Priority Regions - Page 36 • Parts of the state, High Priority Regions are for: preservation enhancement restoration establishment • Counties which have lost 50% or more of pre-settlement wetland base...page 53 & 54 • Established by BWSR High Priority Areas - Page 37-39 • High Priority Areas are for wetland preservation enhancement restoration establishment • Must be identified by water management plans prepared by WMOs in the metro area counties outside metro area • Shall be included in the next scheduled plan update and address considerations • BWSR will review for approval WETLAND PRESERVATION AREAS Page 39-41 • Purpose wetland identified as both high priority region and area eligible for enrollment exempt from property tax, state reimburses LGU • Landowner application for wetland preservation area application must include 163 feet wide strip must include a restrictive covenant for recording must be accepted if LGU has identified • County review of application reject, approve, forward for recording forward to county assessor distribute copies of application STANDARDS AND PROCEDURES FOR EVALUATING WETLAND REPLACEMENT PLANS Purpose - Page 41 • Specify procedures and criteria for: avoid and minimize impacts ensuring adequate replacement of lost public value Interim Replacement Plans - Page 41 • Plans approved under Interim guidelines must be completed in entirety by June 30, 1995 if not, becomes subject to permanent rules provisions does not apply to phased projects; they may be completed as approved Procedures - Page 41-42 • Generally, LGU approved replacement plan prior to activity • Pre-application conference and site visit • Evaluation -- questions submitted to technical panel Sequencing- Page 42-47 • Requirement...the applicant must demonstrate compliance (descending order of priority- specific criteria for each) avoids direct or indirect impacts minimizes the impact rectifies the impacts reduces or eliminates the impact compensates for unavoidable impacts by replacing Replacement Plan Components - Page 47-51 • Application form provided by the LGU • Organizational information, plus affidavit for replacement prior to or concurrent or bank letter of credit or other security • For the impacted wetland -- 13 specific items • For the replacement wetland -- 12 plus 13 more items Wetlands impacted under an exemption cannot be used for replacement for 10 years Replacement Plan Evaluation Criteria - Page 51-57 • Sequencing...before consideration or approval of plan avoid rninimi7r rectify maintain replace • Other items pertaining to replacement type timing location statewide replacement for public transportation projects remaining wetland acreage map (page 54) size carbon balance ecological consistency special considerations (9 items) Evaluation of Wetland Functions and Values - Page 57-68 • Items pertaining to functions and values evaluation options wetland types; abbreviated Cowardin classifications storm water detention wetland design requirements (page 59) replacement ratios for in-kind replacement out-of-kind replacement ratios (Table 1, page 61) hydrologic unit ratio inlet/outlet characteristics watershed maps (pages 63-64) determining impacts of partial drainage determining credit for restoration of partially drained special cases or appeals replacement wetland eligible for RIM after 1 year Wetland Replacement Standards - Page 68-70 • General requirements • Specific requirements water control structures one-rod strip of vegetation re-vegetation erosion control measures wetland substrate bottom contours sideslopes irregular edge • Table 3...physical characteristics of wetlands Monitoring - Page 71 • Wetland value replacement monitoring to ensure replacement wetland achieves goal of replacing lost functions and values Duration of Monitoring - Page 71 • Shall continue for five years following completion • LGU may extend for not more than an additional five years Annual Report - Pages 71-72 • Purpose of annual report is to describe actual restorations or creation activities activities planned for the upcoming year specific information required for report content • Report content specific information plus LGU required information Monitoring Determinations by the LGU - Pages 72-73 • Project inspection when completed and certify compliance • May order corrective action • Make a finding as to whether goal of replacement achieved • Shall require actions to achieve goals of replacement plan STANDARDS AND CRITERIA FOR STATE WETLAND BANKING Definitions - Pages 73-74 ACCOUNT OR WETLAND BANK ACCOUNT A record of wetland debits and credits ACCOUNT HOLDER Person, corporation, governmental agency, or organization APPLICANT person, corporation, governmental agency, or organization that makes an application to withdraw credits CREDITS,WETLAND CREDITS Acres or tenths of acres of restored wetlands STATE WETLAND BANKING SYSTEM, WETLAND BANK, OR BANK A system of identifying wetlands restored for replacement credit,providing for,and facilitating and tracking the exchange of wetland credits for projects Principles of Wetland Banking - Pages 74-75 • Goal...must comply with WCA, no-net loss • Sequencing prerequisite • Geographic limitations wetland banking allowed in counties >80% presettlement wetlands intact...any impact <80% presettlement...impacts of less than 5 acres Restoration only...created wetlands not eligible • Exempt wetlands wetlands drained/filled, later restored, not eligible • Account balance...must maintain positive balance • Credit transfers • Deed recording • Qualification A wetland cannot be deposited for credit if it cannot be used for replacement Administration and Management Authority - Pages 75-76 • Establishment...BWSR shall establish a state wetland bank • Deposit prerequisites a restored wetland must be certified as eligible by the LGU • Annual report participating LGU shall submit annual report • LGU may establish fee schedule to recover costs Procedures - Pages 76-82 • Deposits and Credits (16 items, A-P) • Withdrawals (10 items,A-J) Auditing and Monitoring - Pages 82-83 • Annual Report and Audit...BWSR develop deposit, withdrawal and credit forms wetland bank data file will contain specific information periodically inspect LGU bank records, correspondence prepare/distribute annual report to LGUs and others • Monitoring LGU and account holder shall monitor as per provisions account holder is responsible for success of wetland BWSR shall inspect wetland bank deposits every 5 years Enforcement and Corrective Actions - Pages 83-84 • Enforcement of state wetland bank is governed by enforcement procedures (8420.0290, page 31) • BWSR must prescribe corrective measures to LGU • BWSR may refuse future wetland bank certifications by LGU • BWSR may restrict further withdrawals if wetland does not meet specifications of approved bank plan • LGU/BWSR can do reconstruction work, require reimbursement CALCAREOUS FENS Purpose - Page 84 • Provide minimum standards and criteria • Fens identified by Commissioner may not be drained, filled, altered or degraded • Exemptions section does not apply to calcareous fens Identifying Calcareous Feng - Pages 84-85 • A peat-accumulating wetland - dominated by distinct groundwater inflows - water is alkaline, high calcium, low dissolved oxygen - chemistry provides an environment for specific and often rare hydrophytic plants Procedures to List Calcareous Fens - Page 85 • DNR Commissioner shall - investigate and properly identify - maintain a current list with location in state - provide an updated list of calcareous fens Management Plans- Page 85 • DNR Commissioner may approve management plans for activities in calcareous fens Restoration - Page 85 • DNR Commissioner may approve management plans to restore or upgrade calcareous fens Appeals - Page 85-86 • Landowner may challenge commissioner's determination by demanding a public hearing within 30 days after ailed notice from commissioner otherwise decision is final appeal of commissioner's decision after the hearing • DNR Commissioner's determination may be appealed (BWSR 11/6/92) *Action-Alert Wetland rule process needs city official input The permanent rules to administer 'Under the exemptions section, Please note, however,that the rule the wetland conservation act of 1991 some draining and filling is allowed if does have some positives for city will be the subject of a series of the land stays in agricultural use for at construction projects: stormwater hearings before Administrative Law least 10 years. The rule requires this management basins do qualify for Judge Allan Klein. This is probably restriction of land use to be recorded replacement credit. the final opportunity for city officials but only"if the wetland is in a city". The rule hearings will be held at to have input into how the state will LMC feels the rules regarding wet- six sites. These hearings will be held administer the law,although the 1993 lands should basically be the same at both 1 p.m. and 7 p.m. at each of Legislature plans to review the rules regardless where the wetland is these sites : and the entire wetlands conservation located. We also plan to bring the Dec. 7 Alexandria(Park Inn,1-94 & act. inequality issue on replacement Hwy 29) The proposed rules will have a standards(1:1 in rural areas but 2:1 in Dec. 9 Thief River Falls(Northwest significant impact on each and every urban areas)to the attention of the Tech. College,Aviation city in the state,regardless of pope la- 1993 Legislature. Center,747 Airport Rd) tion or location. The rules address *The rules contemplate using a Dec. 10 Grand Rapids (Rainbow Inn, such issues as what wetlands the law technical panel of three individuals(a 1300 E Hwy 169) protects,how landowners and cities staff person from the Board of Water Dec. 14 Marshall (SSU,Business can undertake projects affecting and Soil Resources,one from the soil Adm. Bldg.Rm. BA 102) wetlands,how the state will review and water conservation district,and Dec. 15 Mankato(MN Valley projects,and what type of mitigation, the engineer from the local govern- Regional Library, 100 E. replacement,or compensation will be ment unit)to assist the governing body Main St.) required as a result of a proposed in every wetland delineation and Dec. 17 St. Paul (State Office project. The League disagrees with replacement question and further Building, Basement Hearing several aspects of the proposed rule limits the governing body being able to Room) including,but not limited to: deviate from the technical panels There are also a series of informa- findings. The LMC believes that the tional meetings available prior to these Making cities livable proper role of the technical panel is to official hearings where local officials conference set support and assist the city council and can learn about the rules and rules The Center for Urban Well-Being staff of a city administering the act, process. Those meetings will be held is holding the 14th International not to supplant their judgment and from 7:00 p.m. to 10:00 p.m. on the Making Cities Livable Conference on authority. Creation of the panel should following dates and sites: March 8 to 12, 1993 in Charleston, only occur when the local government Nov 30 Alexandria(Park Inn,I-94 South Carolina. finds it to be useful and the technical and Hwy 29) The conference is for city offi- panel should be limited in authority to Dec. 1 Detroit Lakes(Holiday Inn, cials,architects,planners,landscape making recommendations to the body Hwy 10E) architects,urban designers,developers, charged with administering the law. Dec. 1 Duluth(1st United Methodist and community leaders. *The rules specify that only Church,230 E Skyline Pkwy) Conference topics include restored wetlands can be banked. Dec. 2 St. Paul(State Office recreating the city center; city identity, LMC feels that this would unduly Building,Basement Hearing vitality,and community participation; restrict and impact cities which have Room) design of public spaces;urban design little or no choice to impact wetlands Dec. 3 Grand Rapids(Sawmill Inn, guidelines; growth management; the for some projects and which may not 2301 Pokegame Ave. S) city for children; traffic and urban have previously drained wetlands Dec. 3 Thief River Fall (Northwest livability; village model of urban within their area which could be Tech. College,747 Airport development;and economics for city readily restored. This section has a Road) revitalization. particularly significant impact with Again,the League will be mailing For more information contact regard to road projects which involve each city a packet of materials Suzanne H.Crowhurst Lennard Ph.D. marginal intrusion into a wetland and regarding the law and proposed rules. (Arch.),Conference Organizer,P.O. which incorporate storm water If you have any questions,please Box 7586, Carmel,CA 93921, (408) management elements such as reten- contact Joel Jamnik at the League. JJ 626-9080; FAX(408) 624-5126. GB tion and detention ponds in the project. November 25, 1992 n..,... 11 STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES In the Matter of Proposed Rules to Implement the Wetland Conservation NOTICE OF HEARING Act of 1991. Please take notice that public hearings on the above-entitled rules will be held on the following schedule: Monday, December 7, in Alexandria, at the Park Inn, I-94 and State Highway 29. Wednesday, December 9, in Thief River Falls, at the Northwest Technical College, Aviation Center, 747 Airport Road. Thursday, December 10, in Grand Rapids, at the Rainbow Inn, 1300 East Highway 169. Monday, December 14, in Marshall, at Southwest State University, Business Administration Building, room BA 102. Tuesday, December 15, in Mankato, at the Minnesota Valley Regional Library, 100 East Main Street. Thursday, December 17, in St. Paul, at the State Office Building, 100 Constitution Ave., Basement Hearing Room. Each hearing will begin at 1:00 p.m., and reconvene at 7:00 p.m. for those who prefer to come in the evening. All interested persons will have an opportunity to participate by presenting evidence and argument orally, or at their option in writing. The hearing record will be held open for written comments for at least five days after the close of the last hearing, and up to 20 days if the administrative law judge so orders. Comments submitted during the comment period will be available for review at the office of administrative hearings, and the agency and interested persons may respond to new information in them in writing within five business days after the submission period ends. No additional evidence may be submitted during the five day period. To be on time, submissions must be received by the office of administrative hearings by 4:30 p.m. on the last day for submission. The rules are being adopted under the statutory authority in Minnesota Statutes sections 14.06, 103B.101 subdivision 7, 103B.3355, 103F.612, and 103G.2242. The rules implement the Wetlands Conservation Act of 1991, Laws of Minnesota 1991, chapter 354. The central provision of the act is that all wetlands of all sizes and types that are not already regulated by the commissioner of natural resources, cannot be drained or filled, except in certain circumstances spelled out in the act, without the lost wetland being replaced. The rule provides definitions of terms used in the act and in the rules, interprets the exemptions and describes documentation which will establish qualification for exemptions, sets out procedures for local governments and landowners and the board of water and soil resources to follow, gives standards for acceptable replacement of lost wetlands, sets up a wetland banking system, and gives standards and procedures for calcareous fens and for draining and filling of wetlands as part of mining operations. A free copy of the rule can be obtained by writing, faxing, or phoning to •• Minnesota Board of Water and Soil Resources 155 South Wabasha St., Suite 104 St. Paul, MN 55107 fax (612) 297-5615 phone (612) 297-3767 • Notice is hereby given that a statement of need and reasonableness is now available for review at the Board office and at the Office of Administrative Hearings. This statement of need and reasonableness includes a summary of all the evidence and argument which the agency anticipates presenting at the hearing justifying both the need for and the reasonableness of the proposed rules. Copies of the statement of need and reasonableness may be reviewed at the Board office or the Office of Administrative Hearings. A copy may be obtained from the Office of Administrative Hearings at the cost of reproduction, or from the Board at no cost. The Board of Water and Soil Resources is interested in public testimony on every element of the rule, and is particularly interested in input on five specific issues: •Whether the definitions of "agricultural land" and "introduced hayland" and "introduced pasture" given in the rule, are appropriate, and if not, how they should be changed. The definitions effect the extent of the application of exemptions 7 and 8 (type 1 wetlands and type 2 wetlands on agricultural land), and which lands get the benefit of the one to one (rather than two to one) acreage replacement ratio. •Whether,when a wetland is drained or filled without replacement under an agricultural exemption, the notice of agricultural use should be required to be recorded with the deed only when the land is in a city, or in all cases. •Whether the technical panel should provide the local government with its determinations of wetland values, location, size and type for every replacement plan submitted, or only when the local government has questions concerning any of those four • technical factual issues, or when the landowner or others participating in the replacement plan proceeding raise questions. •Whether wetlands which have been drained or filled under an exemption can be restored for use as a replacement wetland ten years after the draining or filling occurred, or should never be allowed to be used for replacement. •Whether the rule as proposed is correct in limiting banking to restored wetlands, or whether and in what circumstances created wetlands should also be allowed to be banked. Since the purpose of the hearing is to improve the rule as proposed, interested persons must understand that the final rule may differ from the rule as it is now proposed. Persons participating in the hearing who are lobbyists must register with the state Ethical Practices Board. Questions regarding this should be directed to the Board, whose address and phone number are 1st floor Centennial Office Building, St. Paul, MN 55155, (612) 296-5148. Notice: any person may request notification of the date on which the administrative law judge's report will be available, after which date the agency may not take any final action on the rules for a period of five working days. If you desire to be so notified, you may so indicate at the hearing. After the hearing, you may request notification by sending a written request to the administrative law judge. Any person may request notification of the date on which the rules are adopted and filed with the secretary of state. The notice must be mailed on the same day that the rules are filed. If you want to be so notified,you may so indicate at the hearing or send a request in writing to the agency at any time prior to the filing of the rules with the secretary of state. The name, address, and phone number of the administrative law judge for the hearing are: Allan Klein Office of Administrative Hearings !00 Washington Square, Suite 1700 Minneapolis, MN 55401 phone (612) 341-7609 Judge Klein will conduct the hearing in accordance with Minnesota Statutes sections 14.14 to 14.20 and Minnesota Rules parts 1400.0200 to 1400.1200. Questions regarding procedure may be directed to Judge Klein. The Board of Water and Soil Resources estimates that adoption of the rule may require local public bodies to spend up to $8,000,000, depending on their administrative approach, in the two years after the rule is adopted. The rules may affect small businesses which drain or fill wetlands. The rule will not have a direct and substantial adverse effect on agricultural land under the state agricultural land preservation and conservation law. Analyses of fiscal impact and of effect on small businesses and on agricultural land preservation and conservation are contained in the statement of need and reasonableness. Dated October 19, 1992 00111011. Executive Director Board of Water and Soil Resources IIJ� s There are anticipated "budget versus actual expenditure" problems within division totals apparent at this point (11/30/92) . Many division are running close to the budget. The administration division may exceed its budget for 1992 . C) C) x 0 w A w A w A w ,\ •.. A co C+1 C di 4.^ w w A w w /� w �A �o X •o - �n a a 4 '.o n Z '' .O V .O - .D V T V as V a• V a. V as v as V a. V a• V a• V a• 7C 0 ON V a• V a• v+ as as as as as w N ' 0 .o Co J Cm Z r" CO VI I-I �+ CN v+ r n I-• 1--r r r • r r r C) VI x '. r, 1.-. 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Ni CO 0 Ni . 0 �O Ni VJn 0 CO vt V V Vf lJ h-' 0 V N N V+ Ni V 0 r 4, r' v+ 0 'O V 0 s•0 . r VI N .- 0 CO I--' V F-' 0 sO 00 0 v+ OD Ni X t i 'C7 G f 00 CD r MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Downtown Parking Lot DATE: December 9, 1992 INTRODUCTION: Earlier this month, the Shakopee City Council conceptually approved the Downtown Pre-Development Plan. One of the items listed in the plan called for the identification of parking lot locations downtown and the construction of additional parking facilities. Staff would like to recommend that the appropriate City officials be authorized to obtain an appraisal of lots 3 and 4, Block 24, Original Shakopee Plat (former Pelham Hotel site) . BACKGROUND: The City Council has discussed the possibility of establishing new parking lots south of 1st Avenue for quite some time. Possible parking lot locations discussed in the past have included the former Pelham Hotel site, the property located behind the municipal Library and the Wampach property located on the corner of 2nd Avenue and Fuller Street. The City has also discussed the possibility of leasing space to accommodate parking shortages until such time that Phase II of the Downtown Redevelopment Project is complete. Marquette Bank, has expressed interest in possibly leasing parking stalls at their auto bank facility. ($22 . 00 per month per stall) . The recent Community Survey that was completed did indicate a high level of frustration from survey respondents regarding access to convenient parking in the downtown area. With the City Hall relocation scheduled for January, the need for an additional 22 parking stalls in the vicinity of the new City Hall facility will be necessary to accommodate City staff. Staff believes that at the present time, the parking lot adjacent to the new City Hall and the 2nd Avenue parking lot can accommodate the additional parking needs. However, when the current City Hall lot is eliminated, the demand for additional parking will increase. Several downtown business owners believe that there is already a parking shortage in the downtown area. I have spoken with the owner of the property occupied by the former Pelham Hotel. He has stated an interest in selling the property. Staffs cost estimate to acquire the property is approximately $107 , 000. 00. In the opinion of staff, the former Pelham Hotel site is strategically located from an economic development standpoint. The site is presently adjacent to another City parking lot that fronts Lewis Street. Assembling the Pelham Hotel site with the existing City parking lot would increase the potential future development options for this area. Before the City can legally acquire property, an appraisal must be obtained. staff believes that an appraisal can be obtained for the Pelham Hotel site for under $1, 000. 00. Firm cost quotations have not been obtained at this time. The City of Shakopee did received $270, 000. 00 in cash proceeds from MnDOT for the sale of the parking lots located behind the current City Hall. These funds are proposed to be placed in the City's Capital Improvement Fund. Staff would recommend that the Capital Improvement Fund be the source for off-setting all costs associated with the development of additional parking stalls south of 1st Avenue. The estimated cost to improve the Pelham Hotel site for parking purposes ranges between $28, 000. 00-$32 , 000. 00. If the site were developed for parking it would create between 40 and 46 new parking stalls. ALTERNATIVES: 1. Authorize the appropriate City officials to obtain an appraisal for Lots 3 and 4, Block 24 , Original Shakopee Plat, to be funded from the Capital Improvement Fund at a cost not to exceed $1, 000. 00. 2 . Authorize the appropriate City officials to negotiate a lease agreement with Marquette Bank to lease property for parking purposes adjacent to the Auto Bank facility. 3 . Direct staff to proceed in developing plans and specifications for the development of a parking lot located behind the City Library. 4 . Table action pending further information from staff. 5. Do not pursue the development of parking on the south side of 1st Avenue at this time. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to obtain an appraisal for Lots 3 and 4, Block 24 , Original Shakopee Plat, to be funded from the Capital Improvement Fund at a cost not to exceed $1, 000. 00. BAS/tiv TAMI/ADMIN/PARKING *It CONSEiT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Mechanical Services Agreement for New City Hall Facility DATE: December 8, 1992 INTRODUCTION: Each year the City of Shakopee obtains preventative maintenance service proposals from local contractors to maintain the heating, air conditioning and plumbing systems at the various municipal buildings. This year staff is proposing that we have two separate service agreements; one for the new City Hall and one for all other municipal buildings. BACKGROUND: In the past, we have included all facilities under one preventative maintenance service agreement. In 1993 we will be occupying a new facility that has a very complex heating and cooling system. Staff is still somewhat unaware of all the intricacies involved with the new systems at the new facility. Therefore, in an attempt to provide for a smooth transition in terms of building operations, staff is proposing that the City enter into an agreement with Owens Service Corporation to perform preventative maintenance on the new facility. Owens Service Corporation was previously under contract with Marquette Bank and in fact installed many of the systems in place today. Shown in Attachment #1 is a summary of the services that Owens will perform for the City of Shakopee. In previous years, Marquette Bank contracted with Owens Service Corporation to provide a complete preventative maintenance and building operations program for the facility. The annual cost to Marquette Bank exceeded $5, 000. 00. Many of the services that were previously performed by Owens Services in maintaining the boiler and cooling systems will be preformed by one of the City Custodians who has the appropriate Boilers License. Staff anticipated that a mechanical services contractor would be needed to maintain the new City Hall facility. Funding for this item has been included in the 1993 Budget. In regard to the other municipal buildings, staff is in the process of obtaining service proposals from area vendors. The service proposal deadline for the other municipal buildings has been set for December 22 , 1992 . Upon review and ranking of these proposals, staff will be presenting a recommendation to City Council for further consideration at the first meeting in January. Once staff has a better understanding of the maintenance services required for the new City Hall facility, we may recommend that all buildings once again be contracted out to one mechanical services contractor. However, until a firmer understanding of the services needed to maintain the new City Hall facility can be determined, staff believes that it would be appropriate to have Owens Services Corporation under contract to provide preventative maintenance for the City Hall facility in 1993 . ALTERNATIVES: 1. Authorize the appropriate City officials to enter into a preventative maintenance service agreement with Owens Service Corporation for the City Hall facility located at 129 South Holmes Street. 2 . Do not enter into a preventative maintenance service agreement with Owens Service Corporation for the new City Hall facility. 3 . Table action pending further information from staff. 4 . Combine all City facilities under one maintenance service agreement. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to enter into a preventative maintenance service agreement with Owens Service Corporation for the City Hall facility located at 129 South Holmes Street. BAS/tiv TAMI/ADMIN/OWENS AgaGiste4 ( AGREEMENT NO. - SERVICES INCLUDED PAGE 6 OF 9 (X indicates service is included) General Services X Check compressor oil level. Check operator's log sheets. Change oil as scheduled. - Complete operating and inspection reports. Change oil filters as scheduled. X Lubricate moving parts as scheduled. X Provide compressor oil analysis as X Inspect motors and starters. scheduled. X Check amperages and voltages. X Complete compressor megohm test. X Tighten electrical connections at X Inspect air cooled condensers. equipment. X Clean air cooled condensers as scheduled. X Check and calibrate operating and safety Inspect water cooled condensers. controls. Remove and replace condenser heads. - Complete visual inspection of system Clean water cooled condensers as piping and insulation. scheduled. - Inspect manual shut-off and throttling Clean condenser water strainers as valves. scheduled. Change filter driers as scheduled. Air Handling Systems, Supply,and Exhaust X Check expansion valve superheat. X Inspect fan pulleys and drives. X Check solenoid valve operations. X Adjust belt tension. X Check compressor unloader Replace belts as scheduled. operation. X Inspect vibration isolation mounts. X Check operation and setting of pressure X Inspect airside heat transfer surfaces. controls. Clean airside heat transfer surfaces. Check defrost cycle operation. Inspect and clean condensate drains. Clean ice machine as scheduled. Fill and vent chilled water coils. Check harvest cycle operation. Drain chilled water coils. Check ice machine grid alignment. Antifreeze chilled water coils. Check door gaskets and hinges. - Check closed loop water treatment as Disassemble, clean, and inspect scheduled. moving components of purge - Inspect fan wheels. system. - Clean fan wheels. _ Provide lithium bromide analysis as c Change filters as scheduled. scheduled. Inspect absorber and condenser heat Air Conditioning Systems exchanger. _L. Spring start-up. Remove and replace absorber and con- .___X_ Fall shut-down. denser water box covers. Off-season service of absorption/cen- Clean absorber heat exchanger. trifugal chillers. Clean condenser heat exchanger. Inspect cooling tower. Perform electrical and mechanical tests on Fill and drain cooling tower. all chiller starters, relays, contactors, and - Clean cooling tower sump. switches. Change cooling tower gear box oil as Test insulation resistance on all chiller scheduled. motors. - Change cooling tower fan belts as Run complete leak test rate on entire scheduled. refrigerant system. - Check condenser loop water treatment as Complete absorption loss test. scheduled. Complete chiller and purge system efficien- cy tests.Trim as necessary. Refrigeration Systems _X_ Check refrigerant charge. (Continued on back side) Leak test refrigeration system. APPENDIX 2 AGREEMENT NO. SERVICES INCLUDED (X indicates service is included) PAGE 7 OF 9 . Heating Systems—General Replace vacuum tubes in electronic relay i X Check for fuel leaks. assembly. X Check venting system. X Start burner,check operation on both fuels X Check fuel pressure at burner. where appropriate. X X Check andprove all operating and limiting � Clean and check pilot. P 9 Clean and inspect burner ports. controls. Clean and check power vent or combustion X Check and test relief valve. fan and motor. X Check for presence of carbon monoxide. ' X Check stack temperature. _ Heating Systems—Forced Air X Complete combustion efficiency test and - Clean and inspect heat exchangers as adjust for maximum efficiency. I scheduled. X Check general burner operation. Check air filters. X Review and note blowdown schedule. -- - Change air filters. X Test water treatment level as scheduled. i Test temperature rise through unit. Note water level and record any loss of - Check pilot auto re-light sequence(rooftop water(water only). units). Drain expansion tanks as needed (water - Inspect seal on pressurized combustion only). i chambers(rooftop units). Check feed water pumps and drain - Check proof of combustion air or power receiver(steam only). vent control(rooftop units). Service circulating pumps. 1 Heating Systems—Direct Fired Temperature Controls -- Make-Up Heaters ___X_ Adjust and calibrate central system - Clean and check burner profile plates. controls. - Check flame safeguard system. Lubricate and adjust dampers and _ Check for cracked or corroded ignition and linkages. flame rod insulators. _X_ Check proper operation of economizer 1 - Check and adjust burner and damper cycle. linkages. Change oil in pneumatic air compressor as "- Check air inlet screen. scheduled. Change belt on pneumatic air compressor Heating Systems—Hydronic as scheduled. ±_. Check flame safeguard system. Drain water from pneumatic air tank. X- Check for adequate combustion air to Clean condenser on refrigerated air drier. ' burner. Check refrigerated air drier for proper X Check draft controls. operation. - Check oil tanks for water and sludge. X Clean and calibrate thermostats. I Recommend fuel oil treatment as required. Check operation of individual air distribu- X Open boiler and inspect fireside heat tion boxes. transfer surfaces. Service energy management system. 1 X- Brush fire tubes. X Drain and flush boiler(steam only). Other Services -- ' X Clean mud legs(steam only). X Service humidifiers. X Open,clean,and test low water cut-offs for Service well water pump and system. ' inspection. Service electronic air cleaner. ..i X Replace all manhole and handhole X Service domestic hot water heater. gaskets. Balance water flows. , X Contact inspector for annual inspection. Balance air distribution. X Reassemble low water cut-offs. Complete vibration analysis as scheduled. • X Fill boiler to proper level, purge oxygen Complete Eddy Current testing as from water. scheduled. ; X Open burner and check fire box condition. Provide Energy Usage Report. . X Check condition of gas ring and pilot assembly on any surface exposed to heat. I Clean oil strainer and filter cartridge. Replace oil strainer and filter cartridge. Clean and check oil nozzles. ti - Replace oil nozzles. COiSEi\3T 1 I ry MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Ambulance Service Agreement Between City and St. Francis Regional Medical Center DATE: November 23 , 1992 INTRODUCTION: Attached is a contract for the provision of ambulance service for the City of Shakopee by the St. Francis Regional Medical Center. BACKGROUND: In the past the City of Shakopee has been providing a subsidy to St. Francis for the purpose of providing ambulance service to local residents. The City is a participant in an agreement which also includes the City of Savage and the Townships of Jackson, Louisville and Sand Creek. The proposed subsidy for the three year contract, running from July 1, 1992 through June 30, 1995, represents a rate of $2 . 12 per capita per year. This amount has not changed from the previous three year contract. The agreement provides for a maximum ambulance response time of 10 minutes for a minimum of 90% of the ambulance calls. The City of Shakopee will receive annual financial reports and detail information on the ambulance operation and will be able to conduct a review or audit of the financial records if it so desires. The agreement cannot be changed without both the City of Shakopee and St. Francis approving the changes. ALTERNATIVES: 1. Approve the contract as submitted to the Council. 2 . Direct additional negotiations and provide parameters to the City Administrator. RECOMMENDATION: Alternative No. 1 is recommended. ACTION REQUESTED: Move to approve the Scott Francis Ambulance Agreement for the provision of ambulance services for the period from July 1 , 1992 through June 30, 1995; and authorize the appropriate City officials to execute the agreement. A question was raised at the Dec. 1st meeting as to why Prior Lake and Chaska were not included in this agreement. The reason they do not use the services of St. Francis is because both cities have their own ambulance service. St.Frads November 19, 1992 Mr. Dennis Kraft City Administrator City of Shakopee 129 First Avenue East Shakopee, Minnesota 55379 Dear Mr. Kraft: Enclosed please find two copies of the Scott/Francis Ambulance Service Agreement. Please sign and date on the appropriate line (page 4) and return to St. Francis in the enclosed self-addressed envelope. After all signatures have been obtained, a fully executed document will be returned to you. If you have any questions, do not hesitate to contact me at 496-7523. Sincerely, Brian Weinreis Vice President of Finance BW/ka enc. Nna, - -- BW/LETTERS/ SCOTT%FRANCIS AMBULANCE SERVICE AGREEMENT WHEREAS, the cities of Savage and Shakopee and the townships of Sand Creek, Louisville and Jackson, Scott County, Minnesota (hereinafter referred to as Scott/Francis) are authorized under Minnesota Statutes, Section 471.476 to provide ambulance service by contracting with any person, firm or other political subdivision upon such terms and conditions as may be agreed upon, and, WHEREAS, Minnesota Statutes, Section 471.59, permits two or more governmental units to jointly or cooperatively exercise any power common to the governmental units (such as providing ambulance service as above described), and, WHEREAS, St. Francis Regional Medical Center has submitted a proposal dated November 10, 1992, for which ambulance service would be provided for three years beginning July 1, 1992, and ending June 30, 1995, for a per capita per annum charge as indicated in Section B. WHEREAS, the Scott/Francis communities desire to jointly assure that adequate ambulance service is available and recognize that a public subsidy is necessary for the purpose of receiving adequate ambulance service, NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties hereto, said parties hereby agree as follows: A. St. Francis Regional Medical Center (hereinafter referred to as St. Francis) agrees as follows: 1. That it will operate an ambulance service in a professional and businesslike manner during the term of this Agreement, including, but not limited to, its other commitments herein contained. 2. That it will, at all times, provide and have available within the jurisdictions of the participating communities two (2) properly equipped ambulances meeting all current state licensing requirements. Two (2) of said ambulances (primary) shall be continuously staffed twenty-four hours per day with two (2) nationally registered paramedics. This shall not be construed as an obligation of St. Francis to have, at all times, two (2) ambulances in said area if one or both leave said area for the purpose of transporting to a medical facility a patient load that originated within said area. If one or both units are out of said area for purposes previously described, there exists mutual aid agreements with surrounding communities for back-up support. 3. That it will, notwithstanding any other provision of this Agreement, provide ambulance service in such a manner that the response time in the City of Shakopee, City of Savage and Jackson and Louisville Townships shall be a maximum of ten (10) minutes ninety percent (90%) of the time, and to Sand Creek Township shall be a maximum of fifteen (15) AGREEMENT-2/ -1- minutes ninety percent (90%) of the time. 4. That the rate schedule described in Section B shall remain in full force and effect for the term of this Agreement. 5. That it will furnish on a quarterly basis, a report to Scott/Francis Communities, itemizing, on a community-by-community basis, data related to all responses, including, but not limited to, data, nature, point of origin, destination and response time. 6. That it will furnish annually to each Scott/Francis community, financial information, itemized in reasonable detail, on its ambulance operations. Additionally, it agrees to permit, at reasonable times, the chief administrative official of each Scott/Francis community or their designated representative, to review and/or audit its financial records. 7. That it will hold harmless each Scott/Francis community from any and all claims or legal action resulting from operation of the ambulance service. St. Francis shall file with Scott/Francis, upon execution of this Agreement, a certificate of insurance naming each Scott/Francis participant as an additional insured under St. Francis' insurance policy in the following maximum amount: General Liability: $300,000 single limit and $100,000 property damage; Auto Liability: $250,000/$500,000 and $100,000 property damage. 8. That it will coordinate basic first responder education for the Shakopee and Savage Police Departments, and the Scott County Sheriff Department. This is not to be construed that St. Francis shall be responsible for the training and/or skill levels of these first responder units. In addition, St. Francis will provide this training on a per fee basis to the various departments. 9. That is Ambulance Service, upon a patient request, will take the patient to the facility of his choice within a forty (40) mile radius, unless it is in the best interest of the patient to take him elsewhere as determined by the ambulance personnel or monitoring physician. 10. That it will call a meeting of representatives of the Scott/Francis Communities and St. Francis at such times that it feels changes in its ambulance program are necessary, such as additional staffing, additional services, purchase of additional major equipment, etc. If the outcome of said meeting indicates lack of support for the change by the Scott/Francis communities, it is understood that St. Francis would bear the total expense of the proposed change should it be implemented. 11. That it will call a meeting of representatives of the Scott/Francis communities and St. Francis at such times as principal parties to this agreement might be added or deleted thereby changing the financial share arrangement. B. Scott/Francis Communities Agree as Follows: 1. To pay St. Francis, upon receipt of invoice, once every three (3) months during the term of this Agreement a designated per capita sum from each Scott/Francis entity for ambulance services described herein beginning July 1, 1992, through June 30, 1995. AGREEMENT-2/ -2- a. The amount shall be determined each year by using each jurisdictions' current population as established yearly by the Metropolitan Council on April 1, multiplied by a per capita per annum amount. The per capita per annum amount shall be determined by dividing the Scott/Francis communities share of the loss by the total population of the Scott/Francis communities as established by the Metropolitan Council on April 1 of each year. b. Based on the above calculations, the per capita per annum for the year July 1, 1992, through June 30, 1993, is projected to be $2.12. (This is based on April 1, 1988, census figures.) At no time during the term of this Agreement can the per capital per annum exceed $2.12.. c. If appropriate, a meeting of the representatives of the Scott/Francis communities and St. Francis will be called in June of 1993 and June of 1994 to review and discuss the operating statements and projections applicable to the per capital amount for each upcoming contract year. C. Agreement Term: 1. This Agreement shall become effective upon the approval and execution of the Agreement by St. Francis and all five (5) communities within Scott/Francis. 2. The term of this Agreement shall be July 1, 1992, through June 30, 1995. D. Cancellation: Either Scott/Francis or St. Francis have the right to terminate this Agreement, with cause, by providing the other party with ninety (90) days written notice by Certified Mail. E. Equal Opportunity Employer: St. Francis recognizes that the Scott/Francis communities are equal opportunity employers and hereby agree to adhere to a policy of non-discrimination and equal employment opportunity. AGREEMENT-2/ -3- Approved this day of , 1992. St. Francis Regional Medical Center Donald J. Leivermann, President/CEO Shakopee Mayor Shakopee Administrator Date Savage Mayor Savage Administrator Date Sand Creek Chairman Sand Creek Clerk Date Louisville Chairman Louisville Clerk Date Jackson Chairman Jackson Clerk Date AGREEMENT-2/ -4- Ito . NE;E;lr3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: FMG Tax Increment Reimbursement DATE: December 7, 1992 Introduction The city has received the first significant TIF settlement for the FMG district. Council approval of the disbursement is requested. Background Attachment A is an excerpt of the TIF financing plan for FMG. Please notice that Section 5.3 that "The City shall be required to pay Tax Increment to the Developer pursuant to Section 5.2 only if: (1) the Developer has furnished to the City satisfactory documentation showing that it has paid Public Costs of the Redevelopment Project in such amount. . .". Attachment B is a previous memo on costs submitted by the developer for reimbursement. My basis for classifying documentation as satisfactory for a Council recommendation is comparing to what the city had to supply for documentation to trustees for reimbursement when the city built the improvements for the KMart and track projects. At this point, it may be a case where the documented costs exceed the amount of increment that will be available under the plan. This is not an immediate issue since the documented costs exceed the amount of available increment for 1992. The amount if increment received from the county in the tax settlement for 1992 is $222,242. The cash available in the fund, less $45,000 if it is kept for administrative expenses and less $42,325 for the ISD 720 referendum leaves $125,566 for disbursement to FMG. Action Requested Move to direct the payment of $125,566 to FMG for tax increment reimbursement under the terms of the tax increment financing plan. taxinc\fmgpay /4 ARTICLE V TAX INCREMENT Section 5 . 1 • - 11" ! District No . 9 The City has established Financing Gross Tax Capacity of the the Redevelopment District, land has requested that the V htn the Originsnty Auditor certify pursuant to Minnesota property in Financing District No . 9 p in rot of Statutes , Section 469 . 177 . For each year torduring term to Financing District No . 9 , the County requiredrt o 9 . Inmpach of TaxeInyearsment 1992through 1998 theerived from a County Auditorstit will each of the to pay Public of remit the Tax Increment to the City Costs of the• Redevelopment Project in accordance with Financing the Section 5 .2 . U e of Tax Increnlel�.• Subject to provisions of Section 5 .3 , the Tax Increment receivedby they P years 1992 through 1998 shall be used by City in the year shall as follows : (1) Tax Increment received in the e1992ratall the City and used, first, to pay a costs of beive co is offned by to pay coats Financing District No. 9 and, second, the Public Improvements ; (2) Tax Increment received in the years 1993 through 1997 shall be paid to the Developer as ursemen for payment by the Developer of Public Costn s of theta t 9 ; and (3)Redevelopment ] definedn g be paid and (3) Tax Incrementto reimburse the it in excess of $500 , 000 for Developero o Developerforcoststo inc ezednbt nitro excelre or n$w existifo on theelimati. nofincurred hereto the elimination of any which is required to be removed or in the Development Property or eliminated as a condition or of ccupancy of the Developer Agreements, or other prop any contamination of the Development Property or therrope if or ground water resulting from such providedcondition; cnditis thatf the costs incurred by the Developer to remedy0 , 000 , conditions reimbursementn shall beatade are thenot Developer , and Financing District No . 9 shall made to 1, 1998 . shall then terminate on January • , .. • • 1 . • . 1 The City shall Section 5 .3 . pursuant to be required to pay Tax Increment to the Developer City Section 5 . 2 only if : ( 1) the Developer has furnished dhas atoid the hblic City satisfactory documentation showing that 1 Costs of the Redevelopment Project incleanup ossuch ts iamn ount , or has paid $50 , 000 ;environmental( ) thecorrDevelo or Improvements shall have been$500 , 000 ; (2) Develop agreement ; and ( ) constructed in accordance with this Developer shall not be in default under this Agreement . 5-1 L', TO: Dennis R. Kraft, City Administrator Barry Stock, Ass't City Administrator FROM: Gregg Voxland, Finance Director RE: FMG Tax Increment DATE: June 11, 1992 The tax increment for FMG is a pay as you go project where the City\HRA will remit monies to FMG as tax increment is received to reimburse FMG for eligible expenditures. The amount submitted by FMG as eligible for reimbursement is $2,050,402 including $23,813 for interest. As of today, the amounts that I have been able to trace to back up documentation that I am comfortable with making a recommendation to Council to remit to FMG are $1,284,885 excluding interest. Remittances to FMG would have started this month with the first half tax settlement for pay 1992. However, according to the County Treasurer's file, FMG has not paid their first half taxes. First half tax increment would have been $169,720. Costs with back up; Land - purchase settlement sheet $975,601 Site Prep - list of vendor pmts 27,541 Land - list of vendor pmts 58, 149 Land - list of vendor pmts/Chicago Title req 30,348 Building Permits 177,264 Less duplicate items (44,250) Less duplicate items (5,986) SAC\WAC 50,000 Trunk Water Charge 16,218 Total $1,284,885 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Disposition of SCR Assets DATE: November 23, 1992 Introduction The final settlement of assets for the dissolution of the Shakopee Community Recreation program is still pending. Background The former SCR operation was a joint venture between the City and ISD 720. The school district withdrew from the venture as of 12/31/90. The assets of the former operation have continued in use by the new city recreation department and have not yet been divided between the City and ISD 720. Previous Council action was to direct the sale of all assets and split the proceeds. See attached memo "A". Intra Design has apparently been planning on have the file cabinets from the recreation operation painted and moved to the new City Hall. Additionally, the City awned park building by the Junior High is no longer needed or used by the city. The School District is interested in having the building if there is little or no cost involved. See attached memo "B". If all assets are sold after the move to the new building, several items will need to be purchased at or before moving otherwise the operation may be disrupted. The automobile was sold for $1,660 in August 1992. It was valued at $2,700 at the time of the dissolution. Most of the supply items have been used up by the City. Alternatives 1. Sell all assets after the move, split the proceeds and deal with the park building separately. 2. Offer ISD 720 the park building and the City keep all assets of the former SCR. 3. Offer ISD 720 the park building and the City keep all assets of the former SCR but split the cash. Recommendation Alternative 2. It is easiest to just swap the assets and not have to try to sell the building on the open market. Instead of moving or demolishing the building, it is less cost to the city to turn it over to ISD 720. It is also less disruptive to the recreation operation to keep the current assets that are in good condition. Action Move to authorize the City Administrator to offer the park building by the Junior High to ISD 720 in exchange for its interest in the assets of the former Shakopee Community Recreation program. "An TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Disposition of SCR Assets DATE: August 27, 1991 Introduction ISD 720 Superintendent, Business Manager, City Administrator and City finance Director met this morning to review the disposition of assets for the former SCR operation. Background The former SCR operation was a joint venture between the City and ISD 720. The school district withdrew from the venture as of 12/31/90. The assets of the former operation have continued in use by the new city recreation department. The above personnel have met and achieved consensus on the disposition of the assets as follows. City department will keep: Pop/candy supplies 500 6 wood chairs 300 6 picnic kits 300 Typewriter SC 300 1 PA system - portable 150 IBM computer 400 Paper stock 300 Slide projector 50 Art/craft supplies 500 IBM wheelwriter typewriter 200 2 adjustable tables 150 Total 3, 150 ISD 720 will take upon city hall move to bank building: Legal file 4dr 75 Legal file 4dr 75 Lateral file 5dr 75 Lateral File 4dr 75 Camera Minolta 300 4 folding tables 200 1 PA system portable 150 14 folding chairs 280 Fund Balance (cash) 1,453 (Payable now) Total 2, 683 The following assets will be sold and the proceeds split equally: 2 700 1985 Ford LTD "B" T0: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Negotiations for Sale of Park Building DATE: June 18, 1992 Introduction Council has authorized the City Administrator to negotiate for the sale of the surplus park building located on ISD 720 property near the Junior High. Background Based on appraisal, the building is insured for $17,000, the Building Official estimated the replacement cost at $13,000, the estimated cost to remove the building is $2,000. ISD 720 is interested in the building if they can acquire it for little or no cost. The issue of the split of SCR assets is not settled yet. The current direct is to sell all assets (that the City has not consumed) and split the proceeds. One option to consider in the negotiations for the park building is for the schools to relinquish their claim to SCR assets in exchange for the park building. SCR assets were estimated at $9,330. The schools share would be one half or $4,665. This would result in no out of pocket cost for the schools and easier disposal of SCR assets and the park building for the city. Couch/chair set 75 3 Chairs 75 Copier cabinet 50 Cash register 50 5 Chairs 125 Cannon copier 150 Desk - small 50 Shelving Store room 200 Storage cabinet 25 Shelving - attic 300 Table 75 Desk/right return 150 Desk - directors 75 Chair 25 Desk 75 Total 4 , 200 The car has low usage - based on the first half of 1991, the annual milage rate is about 2 , 000 to 2 , 500 miles per year. The city may have the opportunity to sell it in the Hennepin County auction next month. Recreation staff has access to the city hall staff car or can use another vehicle from another department when available. Based on low usage, availability of other vehicles and the milage reimbursement policy of the City, the City Administrator and the Finance Director recommend that Council direct staff to proceed with the sale of the former SCR vehicle. Action Move top direct staff to proceed with the sale of the former SCR vehicle and concur with the proposed disposition of SCR assets between the City and ISD 720 . 1kq l , CO1\ISET MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney,'/ DATE: December 4 , 1992 RE: Hiring of Outside Counsel I am somewhat unclear as to the procedure to be used in hiring outside counsel. When we receive a lawsuit, we generally must respond quite promptly (within three weeks) . Waiting for a council meeting could use up quite a bit of the preparation time, and potentially jeopardize the case by not allowing the attorney sufficient time to adequately prepare a defense. In the past, we had a "standing agreement" with Krass & Monroe to handle matters, but they are now suing the City, not representing us. In order to respond to the most recent matter, I contacted two outside law firms, and got quotes from them for work. Since I believe both to be of equal quality, I have asked the less expensive to handle the matter. Dennis Kraft, City Administrator, also reviewed the suggested attorneys and quoted hourly rates, and concurred with the choice of attorney. I would like to suggest the following procedure when routine matters need to be sent to outside counsel: 1. Dennis Kraft to confirm that this is a matter which would take too much of the in-house attorney' s time, and for which it is appropriate to hire outside counsel . 2 . At least two firms with municipal experience, experience in the particular area in question, and an excellent reputation will be asked to submit telephone quotes for hourly rates. 3 . The most qualified and economical will be selected by the City Administrator, after consultation with the City Attorney. 4 . The City Council will be notified at the next meeting of this action. (Since the attorney is hired on an hourly basis, he or she can be terminated at this point at limited expense if the City Council is not satisfied with the choice. ) ALTERNATIVES: 1. Adopt the above procedure. 2 . Modify the above procedure, then adopt it. 3 . Adopt a different procedure. REQUESTED ACTION: Move to adopt the procedure described above. KEM:bjm [4MEMO] -2- MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: December 4 , 1992 RE: Special Assessment Appeals We have received seven appeals of the special assessments in the Second Avenue project so far, and we expect a few more. I am having difficulty doing the minimum civil work on top of the growing criminal case load, and simply do not have the time to handle these appeals. I contacted an attorney at the Holmes & Graven law firm, and George Hoff of Hoff & Allen. Holmes & Graven handles a great deal of municipal law and is highly qualified. George Hoff is city attorney for a few cities, and is handling the NBZ case for the City. He is quite professional and competent, and offices in Eden Prairie. Mr. Hoff' s rates are somewhat lower than those of Holmes & Graven, and therefore Dennis Kraft and I have asked him to start working on these appeals. This matter is informational unless you disagree with this action. KEM:bjm [4MEMO] cc: Dennis Kraft CONSENT OL) CORRECTI ONS MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3715, 1993 Fee Schedule DATE: December 15, 1992 The following changes have been made to the fee resolution since the draft copy has been sent to City Council with their December 15th agenda packet. 1] Addition to page 3 , a licensing fee for tattooing establishments (the same as for message centers) : Tattooing License 1. Annual License Fee 300. 00 2 . Initial license requires one time investigation fee 330. 00 3 . Investigation fee for each new employee 50. 00 2] Correction to page 22, III LAND DIVISION ADMINISTRATION FEES Major Subdivisions Preliminary Plat $300 + $6/lot or $200 + $4/acre, whichever is greater 3] Addition to page 25, Engineering Fees, Department fees for Public Improvement Projects: B. City Projects The actual hourly rates of the employees will be used plus a multiplier of 2. 9 for benefits, overhead, etc. [The Public Works Director and Finance Director recommend a salary multiplier of 2 . 9 based on a survey conducted by staff on typical multipliers used by other cities, consultants, etc. ] C . CO \1SE1'\1t MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3715, 1993 Fee Schedule DATE: December 4, 1992 INTRODUCTION: Attached is Resolution No. 3715, which adopts the 1993 Fee Schedule for the City of Shakopee. The resolution contains the fees for applications, licenses and permits; and, is being presented to City Council as drafted for their consideration. BACKGROUND: All department heads have submitted their recommended changes to the fees within their department. The recommended changes are contained as follows: 1. The Building Department is recommending including the fee for sewer and water connection. $20.00 for a sewer connection, $20. 00 for a water connection, and $30. 00 for a combination sewer and water connection. The City has always charged a sewer and water connection fee, but it has never been contained in the fee schedule. The Building Department is increasing the charges from $12 . 00 to $20. 00. The fee has not been increased for 10 years and is the average charged by other cities. (page 8) 2 . The Building Department is recommending the removal of the table identifying the number of SAC units per use for the service availability charge. The number of SAC units is set by Metropolitan Waste Control Commission and is contained in their procedures manual. (pages 13-18) 3 . The Engineering Department is increasing their fees for public improvement projects by 7 1/2%. This is consistent with prior Council direction in order to help pay for the additional staff in the Engineering Department. (page 25) 4 . The Legal Department is adding a charge to the fee schedule for criminal discovery requests - $10. 00 for up to 10 pages and $1. 00 each for each over 11 pages. (page 19) 5. The Police Department is increasing their fees for police reports as identified on page 19. 6. The Police Department is recommending the increase in impounding fees for animals as outlined on pages 19-20. 7 . The refuse recycling collection rates are being increased. This is consistent with the 1993 contract fees. (page 21) 8. The Park and Recreation Advisory Board is recommending that the season tickets for the pool remain the same. They are recommending an additional fee for a season ticket and a slide pass combination as outlined on page 26. They are recommending no increase in the user fees. And they are recommending that there be a charge for the use of the Community Youth Building. The local youth groups will not be charged a fee for the use of the building however, non-youth groups will be charged a fee for the use of the building for meetings and activities. This will help re-coop the costs for water, heat, electricity and telephone. (see page 27) ALTERNATIVES: 1. Adopt fees as proposed. 2 . Adjust fees as proposed. 3 . Table the fee schedule for additional information. STAFF RECOMMENDATION: Alternative #1, adopt the 1993 Fee Schedule as presented. RECOMMENDED ACTION: Offer Resolution No. 3715, A Resolution Setting Fees for the City Licenses, Permits, Services and Documents, and move its adoption. RESOLUTION NO. 3715 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Fee Schedule dated January 1, 1993 , attached hereto and made a part hereof approved and adopted in its entirety. BE IT FURTHER RESOLVED, that the Fee Schedule attached shall become effective on January 1, 1993 , unless indicated otherwise therein, and Resolution No. 3507 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1993 . Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Adopted Res. No. 3715 FEE SCHEDULE Shakopee, Minnesota January 1, 1993 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business Licenses FEES Commercial/Industrial/Mortgage Revenue Bond Fees 1. Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2, 500 minimum and a $6, 000 max. 2 . Legal expenses as billed in addition to above 3 . Application fee for refinancing Commercial/ 1/20th of 1% of Industrial/Mortgage Revenue Bonds amount issued with a $1, 250 minimum and a $3 , 000 maximum. 4 . Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees (Authorized by Res. 3221) Application fee for Tax Increment Financing 5, 000. 00 Movies and Theaters (Authorized by City Code 6.42) 1. Annual fee for showing 16 mm films $ 25. 00 2 . Annual fee for showing 35 mm films (or larger) 100. 00 3 . Annual fee for conducting theatrical play(s) 25. 00 Scavengers (Dumping or discharge of waste) (Authorized by City Code 6.43) $.98/1, 000 gallons or any part thereof plus $5. 00 per billing No permit nor fee shall be required for pumping and cleaning cesspools and/or septic tanks. Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees. Minnesota Home Finance Agency Rental Rehab Grant Application Fees (Authorized by Res. #3181) 1-4 Units $150. 00 5-8 Units 185.00 - 290.00 9-16 Units 325.00 - 570.00 17-24 Units 605.00 - 850.00 25 or more 885.00 plus $35 for each unit in excess of 25 -1- License for the Sale of Beer, Liquor, Wine, Set-up License, Liquor License, Club License and Temporary Beer License (Authorized by City Code 5. 06) 1. Annual fee for On Sale Beer License 312 . 00 2. Annual fee for Off Sale Beer License 100.00 3 . Temporary Beer License 15. 00 4. Annual fee for Set Up License 125. 00 5. Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2 , 000 whichever is less 6. Annual fee for On Sale Club License 300. 00 7 . Annual fee for Sunday Liquor License 200.00 8. Annual fee for Off Sale Liquor License 150. 00 9. Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. 330. 00 b) If investigation outside Minn. City expenses up to $10,000 with $1, 100 deposit 10. Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1, 000 3 ,705. 00 1, 000 - 1, 999 4 ,390. 00 2 , 000 - 2 , 999 5, 080.00 3 , 000 - 3 ,999 5,765. 00 4, 000 - 4, 999 6,445. 00 5, 000 - 5, 999 7, 140.00 6, 000 - 6, 999 7, 820. 00 7, 000 - 7,999 8, 510.00 8, 000 - 8,999 9, 195. 00 9, 000 - 9, 999 9, 875. 00 Over 10, 000 10, 570.00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5. 00 application fee) Peddlers (Authorized by City Code 6.21) 1. Weekly License Fee 25. 00 2 . Annual License Fee 150.00 3 . Six Month License Fee 100. 00 Taxicabs and Drivers (Authorized by City Code 6. 22) 1. Annual fee 250. 00 2 . Annual taxicab driver' s license fee 25. 00 3 . Annual fee for each vehicle 15. 00 Tobacco (Authorized by City Code 6.23) 1. Annual fee for Tobacco License 15. 00 -2- Show, Non-Transient Theme Parks, Amusement Parks, etc. (Authorized by City Code 6.24) 1. Annual license fee equaling the number of rides x $45.00 45. 00/ride 2. Show without rides 75. 00 3 . Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6.42B) 1. Annual license fee 500.00 Massage Center (Authorized by City Code 6.40) 1. Annual License Fee 300. 00 2 . Initial license requires one time investigation fee 330. 00 3 . Investigation fee for each new employee 50. 00 Masseur and Masseuse License Fee (Authorized by City Code 6.41) 1. Annual registration fee 100. 00 2 . Investigation fee 50. 00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days: a. Non-profit organizations within corporate limits of City of Shakopee 0. 00 b. Other non-profit organizations 200. 00 or 15% of gross ticket sales whichever is greater c. Profit making organizations 200. 00 or 15% of gross ticket sales whichever is greater Service Charge for Returned Checks Hereby set as follows: 1. Service charge for each check returned 15. 00 -3- BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4 . 05) 1. Payment of Fees: fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional $.50 State Surcharge must accompany each permit plus $. 50 for inspection forms. 2. Schedule. State electrical inspection fees shall be paid according to the following schedule. 3 . Fee for each separate inspection. The minimum fee for each separate inspection of an installation, replacement, alteration, or repair limited to one inspection only is $15. 00. 4 . Fee for services or power supply units. The inspection fee for each service, change of service, temporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall be 0- to and including 200-ampere capacity, $15. 00; for each additional 100-ampere capacity or fraction thereof, $5. 00. A separate request for electrical inspection shall be filed for temporary services. 5. Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration, or repair of such circuit or feeder including the equipment served, and including circuits fed from feeders, except as provided for in No. 6, items A to K shall be: A. 0- to and including 100-ampere capacity, $4 . 00 B. For each additional 100-ampere capacity or fraction thereof, $2 . 00 6. Limitations and additions to the fees listed in No. 3 through 5 above. A. The fee for a single-family dwelling, shall not exceed $55. 00 if the electrical service is not over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family dwelling over 200- to and including 400-ampere capacity shall not exceed $100. 00. This fee includes not more than four inspections. These fees shall apply to each separate service, and include the service, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in No. 8. Multifamily dwellings with individual services to each unit are computed at the single family dwelling rate. B. The fee for each farm building or farm structure with a service not over 200-ampere capacity shall not exceed $55. 00. The fee includes not more than three inspections. The fee for each building or structure with a service over 200- to and including 400-ampere capacity shall not exceed $100. 00. The fee includes not more than four inspections. These fees include the services, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in No. -4- 8. Pole-top current metering and pole-top disconnecting means on the farm yard pole are exempt from inspection and inspection fees. C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not exceed $30. 00. The fee for each multifamily dwelling exceeding six units shall not exceed $20. 00 per dwelling unit. This fee includes only the wiring in an individual dwelling unit and the final feeder to that unit. The fee for the service and all other circuits shall be as specified in No. 3 to 5, except that the fee for each house panel shall not exceed $55. 00. A separate request for electrical inspection is required for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family dwellings. D. Recreational vehicle parks fees shall be in accordance with No. 3 to 5. E. The fee for mobile home park stalls shall be $6. 00 per unit stall exclusive of the feeder to the mobile home with a minimum fee of $15. 00 per inspection trip. The fee for permanently intalled feeders shall be in accordance with No. 5. F. In addition to the above fees, the fee for each street lighting standard shall be $1. 00 and the fee for each traffic signal standard shall be $2 . 00. Circuits originating within the standard shall not be used when computing the fee. G. In addition to the above fees, the fees for all transformers and generators for light, heat, and power shall be $5.00 per unit plus $3 . 00 per ten-kilovolt-amperes or fraction thereof. The maximum fee for a transformer or generator in this category is $40. 00. H. In addition to the above fees, the inspection fees for transformers for signs and outline lighting shall be $5. 00 per unit. I. In addition to the above fees, unless included in the maximum fee, the inspection fee for remote control, signal, alarm or communication circuits and circuits of less than 50 volts shall be $5. 00 per each ten openings or devices of each system plus $2 . 00 for each additional ten or fraction thereof, with a minimum fee of $15. 00 per inspection trip. J. In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be $15. 00. Reinforcinig steel and bonding for swimming pools requires a rough-in inspection. K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall be $30. 00. The fees for all other wiring for the irrigation system shall be as otherwise specified in this part. -5- 7. Investigation Fees: Work without a request for electrical inspection. A. Whenever any work for which a request for electrical inspection is required by the board has begun without first obtaining the request for inspection, a special investigation shall be made before a request for electrical inspection is accepted by the board. B. An investigation fee, in addition to the full fee required by No. 2 to 6, shall be paid before an inspection is made. The investigation fee shall be equal to the amount of the fee required by No. 2 to 6. The payment of the investigation fee does not exempt any person from compliance with all other providions of the board rules or statutes nor from any penalty prescribed by law. 8 . Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have been corrected and the conditions are not the subject of an appeal pending before the board or any court, a reinspection fee of $15. 00, may be assessed in writing by the inspector. 9. Special inspection. For inspections not covered herein, or for requested special inspections or services, the fee shall be $23 .00 per hour, including travel time, plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty conduits and other jobs as may be determined by the board. 10. Inspection of transient projects. For inspection of transient projects, including but not limited to carnivals and circuses, the inspection fees shall be as specified herein. The fee for inspection of power supply units shall be that fee specified in No. 4 . A like fee will be required for power supply units at each engagement during the season. Rides, devices, or concessions shall be inspected at their first appearance of the season, and the inspection fee shall be $15. 00 per unit. In addition to the fee for the power supply units, there shall be a general inspection of each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the board of its season itinerary and make application for initial inspection a minimum of 14 days before its first engagement in the state. For subsequent engagements not listed on the itinerary sent to the Board, where the board is not notified at least 48 hours in advance, a charge of $100. 00 will be made in addition to all required fees. Also a fee at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready for inspection at the time and date specified on the request for electrical inspection. The fee for reinspection of corrections is $15. 00 for each reinspection. -6- Plumbing Permits (Authorized by City Code 4 . 05) 1. Alterations and Repairs - Minimum Fee 12 . 00 + $. 50 State Surcharge Tax 2 . New Construction Residential - Minimum Fee 36.00 + $.50 State Surcharge Tax Commercial - Minimum Fee 60.00 + $. 50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at 6. 00/each Water Closet Water Softener +$. 50 State Lavatory (Basin) Bathtub Surcharge Tax Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5. 00 per fixture. + $. 50 State Surcharge Tax 4. Replacements Only Water Heater - Gas 12 . 00 + $.50 State Surcharge Fee Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health 12 .00 + $.50 State Surcharge Fee 5. Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower 7 . 00 Shower - Gang Type - Per Head 5.20 Drinking Fountain 7 . 00 Dental Unit 13 . 00 Sink - Service or Mop 7 . 00 Flat rim, bar, counter, laboratory 9.50 Pot or Skullery 9. 50 Clothes Washer - First five units or less 19. 00 Each additional unit 4. 00 Floor Drain - 2 inch 7 .00 3 and 4 inch 8. 50 Catch Basin 9.50 Sewage Ejector 13 . 00 Sumps and Receiving Tanks 13 . 00 Water Softeners 19. 00 Water Heater - Gas - Replacement Only 25. 00 Commercial plumbing permits to be figured by the above fixture schedule but at the same time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1. 27% of the contract price, whichever is greater. -7- 6. Sewer and Water Connection Sewer Connection 20. 00 +$. 50 State Surcharge Fee Water Connection 20.00 +$.50 State Surcharge Fee Combination Sewer & Water Connection 30.00 +$. 50 State Surcharge Fee Sign Permit Fees (Authorized by City Code 4 . 30) Permanent 1 20.00 1 $30 + $0.25 $.50/sq. ft. +State Surcharge Fee Temporary $10. 00 $25.00 +State Surcharge Fee Building Permit Fees (Authorized by City Code 4 . 05) Building Value Fees $1. 00 to 500. 00 $15. 00 501. 00 to 2 , 000. 00 $15. 00 for the first 500. 00 plus 2 . 00 for each additional 100. 00 or fraction thereof, including 2, 000.00 2, 001. 00 to 25, 000. 00 $45. 00 for the first 2 , 000. 00 plus 9 . 00 for each additional 1, 000. 00 or fraction thereof, to and including 25, 000. 00 25, 001. 00 to 50, 000. 00 $252. 00 for the first 25, 000. 00 plus 6. 50 for each additional 1, 000. 00 or fraction thereof, to and including 50, 000. 00 50, 001. 00 to 100, 000. 00 $414 . 50 for the first 50, 000.00 plus 4 . 50 for each additional 1, 000. 00 or fraction thereof, to and including 100, 000. 00 100, 001. 00 to 500, 000. 00 $639 . 50 for the first 100, 000. 00 plus 3 . 50 for each additional 1, 000. 00 or fraction thereof, to and including 500, 000. 00 500, 001. 00 to 1, 000, 000. 00 $2 , 039. 50 for the first 500, 000.00 plus 3 . 00 for each additional 1, 000. 00 or fraction thereof, to and including 1, 000, 000. 00 -8- 1, 000, 001. 00 and up $3, 539.50 for the first 1,000, 000.00 plus 2 .00 for each additional 1, 000.00 or fraction thereof Other Inspections Inspections outside of normal business hours (minimum charge - two hours) 40. 00/hr. Reinspection fees assessed under provisions of Section 305 (g) of the State Uniform Building Code 40. 00/hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) 40. 00/hr. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) 40.00/hr. Plan Check Fee: Single Family, Multi-Family Dwellings, Commercial and Industrial Projects 65% of permit fee A non-refundable plan review fee shall be paid at the time of submitting plans and specifications for review. State Surcharge: Building Permits (These fees forwarded to the State Treasurer) Less than $1, 000 $. 50 $1, 000, 000 or less . 0005 x valuation $1, 000, 000 to $2 , 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000) $2, 000, 000 to $3 , 000, 000 $ 900 + . 0003 x (Value - $2 , 000, 000) $3 , 000, 000 to $4, 000, 000 $1200 + . 0002 x (Value - $3 , 000, 000) $4 , 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4,000, 000) Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000) State Surcharge: Plumbing, Heating and Electrical Permits Permit fee less than $1, 000 $. 50 Permit fee more than $1, 000 Fee x .0005 Certificate of Occupancy (Authorized by Res. No. 2604) Commercial/Industrial - . 005 times the value of the project, or $500. 00, whichever is greater Residential - . 005 times the value of the project with a $500. 00 maximum -9- 90% of the fee shall be refunded when a final certificate of occupancy is issued. Fast Tracking Issuance of Building Permits (Authorized by Res. #2604) Fast tracking building permit process - City expenses up to 100% of building permit fee with a 30% deposit Grading Plan Review Fees 50 cubic yards or less No fee 51 to 100 cubic yards 15.00 101 to 1000 cubic yards 22 . 50 1001 to 10, 000 cubic yards 30.00 10, 001 to 100, 000 cubic yards - 30. 00 for the first 10, 000 cubic yards, plus 15. 00 for each additional 10, 000 cubic yards or fraction thereof. 100, 001 to 200, 000 cubic yards - 165. 00 for the first 100, 000 cubic yards, plus 9. 00 for each additional 10, 000 cubic yards or fraction thereof. 200, 001 cubic yards or more - 255. 00 for the first 200, 000 cubic yards, plus 4 . 50 for each additional 10, 000 cubic yards or fraction thereof. Grading Permit Fees 50 cubic yards or less 15. 00 51 to 100 cubic yards 22 . 50 101 to 1000 cubic yards - 22 .50 for the first 100 cubic yards plus 10. 50 for each additional 100 cubic yards or fraction thereof. 1001 to 10, 000 cubic yards - 117 . 00 for the first 1, 000 cubic yards, plus 9. 00 for each additional 1, 000 cubic yards or fraction thereof. 10, 001 to 100, 000 cubic yards - 198. 00 for the first 10, 000 cubic yards, plus 40. 50 for each additional 10, 000 cubic yards or fraction thereof. 100, 001 cubic yards or more - 562 . 50 for the first 100, 000 cubic yards, plus 22 . 50 for each additional 10, 000 cubic yards or fraction thereof. Moving Permit 35. 00 Fire Protection Equipment hereby set as follows: Stand pipes and hose cabinets shall be computed at 1% of the contract plus $. 50 State Surcharge Tax. Sprinkler Systems shall be computed at $15. 00 for the first 10 heads and $4 . 50 for each additional 10 heads or part thereof, and $25. 00 per hour fee for plan check plus State Surcharge Tax. -10- Individual Sewage Disposal Permits hereby set as follows: Residential: Sewage Disposal 37 .50 Commercial: Sewage Disposal 37.50 Heating, Air Conditioning, Refrigeration, and Ventilation Permits hereby set as follows: Minimum Fee 9.00 + $. 50 State Surcharge Tax Single Family Residence 24. 00 + $. 50 State Surcharge Tax Central Air Conditioning (at the time 6.00 of construction) + $. 50 State Surcharge Tax Refrigerant Systems Permit Fees 3 horsepower or less 9. 00 over 3 to 15 horsepower 12 . 00 over 15 to 50 horsepower 60. 00 Alterations and repairs Minimum Fee Commercial fee shall be computed at 1.27% of the contract plus State Surcharge Tax. Permits shall cover only single installations. Multiple furnaces, boilers, etc. shall be considered separate installations. Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1.27% of contract plus State Surcharge Tax. Water Heaters - New (Including Pool Heaters) hereby set as follows: for inputs not exceeding 100,000 BTU 10.00 100, 001 to 200, 000 BTU 13 .00 200, 001 to 300, 000 BTU 15.50 300, 001 to 500, 000 BTU 16. 00 500, 001 to 700, 000 BTU 38. 00 700, 001 to 1, 000, 000 BTU 50. 00 Any fixture not listed above 8.00 Rain water Leaders - all stacks 10 stories or less 12. 00 - all stacks over 10 stories Area Roof Drains (each) 7. 50 -11- Lawn Sprinkler Systems - Residential 30.00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 30. 00 Commercial heating permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1. 25% of the contract price, whichever is greater. Gas Piping Permits hereby set as follows: Minimum Fee 5.00 + $. 50 State Surcharge Tax Residential - Each fixture or applicance 2 .50 + $. 50 State Surcharge Tax Alterations and Repairs - Minimum Fee Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each contractor shall take out a permit. Commercial For installation of piping up to and including two (2) inches in size, providing not over three (3) openings 11.00 and for each additional opening 3 . 00 For installation of piping exceeding two (2) inches in size, providing not over three (3) openings 14 .50 and for each additional opening 4. 00 Enameling ovens, retorts and similar gas burning devices: Fees to be determined as for commercial water heaters. Steam Generators for process use (pressing, dry cleaning, etc. ) : Fees to be determined as per heating code. Housing Code Certificate of Occupancy Fees (Authorized by Ordinance No. 261) CLASS 1: 1-3 units rental - Due every five years Initial inspection 40. 00 1st Reinspection 00. 00 Each additional inspection thereafter 30. 00 -12- Deduct $10.00 for each Section 8 unit. CLASS 2 : 4+ units rental - Due every three years Initial each building 50.00 + 5. 00 per unit over three 1st Reinspection 00. 00 Each additional inspection thereafter 50.00 Waive $5. 00 unit charge for every Section 8 unit, and deduct $10. 00 from initial fee per building if it contains any Section 8 units. If entire building is Section 8, then fee is $10. 00 maximum. CLASS 3 : Commercial plus residential rental - Due every three years Initial each building 50. 00 + 5. 00 per unit 1st Reinspection 00. 00 Each additional inspection thereafter 40. 00 Waive $5. 00 unit charge for every Section 8 unit, and decuct $10. 00 from initial fee per building if it contains any Section 8 units. Transfers: Any action certificate may be transferred to a new owner for a fee of $10. 00. An owner may apply for a new certificate at any time for the full amount of the appropriate fee listed above. Appeal Fees Appeal to Building Code Board of Adjustment and Appeals $85. 00 Appeal to Housing Advisory and Appeals Board $85.00 Appeal to City Council $85. 00 Standard Service Availability Charge (SAC) Units for Various Commercial, Public, and Institutional Facilities will be applied as {Mandated by MWCC}. (These fees forwarded to MWCC) Typc of Facility Parameter SAC Units Archery (6 feet/lane) G lanes 1 Arenas 110 seats 1 Auditoriums 110 scats 1 Automobile Service (Fast service less than 4 hrs. /car) 2 service bays 1 (Major service more than 4 hrs. /car) 14 employees 1 Ballroom (exclude dance floor) Facility without liquor service 825 sq. ft. 1 Facility with liquor service 590 sq. ft. 1 -13- Bank (exclude call vault) 2400 sq. ft. 1 Banquet Room Food etcrcd 2060 sq. ft. 1 Food entering with dishwashing 1180 sq. ft. 1 Food catered with liquor 1028 sq. ft. 1 Food preparation and dishwashing 825 sq. ft. 1 Food preparation, dishwashing with 590 sq. ft. 1 liquor Barber Shop 4 chairs 1 Bcauty Salon 4 stations 1 Boarding House 5 bcds 1 Body Shop (No vehicle washing) 14 employees 1 Bowling Alleys (DOCS not include 3 alleys 1 bar or dining are) Camps ( (# gal x occupant or site) /274) Children ' s camp (central toilet 50 gal/occupant and bath) @ 274 gal . 1 Day camps (no mels) 10 gal/occupant @ 274 gal . 1 Labor/construction camps 50 gal/occupant @ 274 gal . 1 Resorts (housekeeping cabins) 60 gal/occupant @ 274 gal . 1 Travel trailer parks w/individual water & sewer hookup) 100 gal/site @ 274/gal. 1 w/-central toilet & showers @ 274 gal . 1 sanitary dump (sites w/o hookup) 10 gal/site @ 274 gal. Car Wash (Self Service) 1 stall 3 Car Wash (Service Station Automatic Rollover Bru.,hcs) 1 stall 6 Car Wash (Requires spccifigation on equipment flow rate and cycle time) Contact MWCC for determination. Churches (For Sanctuary only) 275 sets 1 Remainder use othcr criteria Cocktail Lounge 23 sets 1 Correction Facility (Prison) 2 . 5 inmates 1 Dorm Rooms On/off campus students 5 students 1 (charge additional for cla,zrooms) -14- Dayerc (Number of children licensed 14 children 1 for) Exercise Are/Cym 700 sq. ft. 1 Fire Station (charge for office, meeting rooms, etc. at established rates) Washing (hose tower, truck) 274 gal. 1 Full time (overnight people) 274 gal. 1 Volunteer (occasional overnight) 14 people 1 Funeral Home (7 sq. ft. /person) 110 people 1 (charge viewing areas only chapel, viewing ares, etc. ) Apartment (1 apartment) 1 Came Room (billiards, video & pinball games) With Bar 500 sq. ft. 1 Witheut r 20G0 sq. ft. 1 Cencral Office Building 2400 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and storage areas) Golf Course 18 hole (280 golfers/day x 274 gal . 1 2 . 5 gal/golfer) /274 gal. Par 3 (168 golfers/day x 274 gal . 1 2 . 5 gal/golfer) /274 gal. Country Club Dining room(evenings & weekends) 274 gal . 1 (# s ats x 2 fills x 9 gal/person) /274 gal. Bar & grill (if existing bar) Bar 23 people 1 Grill (# sets x 2 274 gal . 1 fills x 0 gal/ person) /274 gal Bar & grill (no existing bar) 274 gal. 1 ( (1G8 or 280) golfers x 9 gal/person) /274 gal Greenhouse Are not open to public 15000 meq. ft. 1 Are open to public 5000 sq. ft. 1 General retail are 3000 sq. ft. 1 Group Homc 5 beds 1 Cuc t Rooms (apartment or condominium) 1 (charge SAC as apartment) -15- Handball and Racquet Courts 1 court 2 Hospitals (licensed beds) 1 bed 1 (Docs not include out patient clinic) Out patient clinic 17 f. u. 1 Sterilizers (4 hours x gpm) 274 gal. 1 /274 gal . X ray film processors 274 gal. 1 (continuous operation 4 hrs. ) (intermittent operation 9 hrs. ) (operation time(hrs) x gpm) /274 gal Laundromats (requires water volume for cycle time, 8 cycles per day) 274 gals. 1 Library (subtract out book storage ar as, file areas charge common plumbing fixture units) 17 f . u. 1 (meeting rooms, board rooms, reception, book checkout, offices) 2400 sq. ft. 1 Loading Dock 7000 sq. ft. 1 Locker Rooms (if showers 20 gal/ 14 lockers 1 person) Mini Storage (storage arca no charge) Living area 1 Public restroom (plumbing fixtures) 17 f. u. 1 Mobile Home 1 Motels and Hotels (assume 2 persons/ room) 2 rooms 1 (pools, saunas, Jacuzzis, game rooms, or exercise rooms exclusively used by guests no charge) Kitchenettes Nursing Home 3 beds 1 Police Station (charge as office) Cells overnight (# overnight people x 80 24 gal 1 gal/person) /274 gal no overnight people 14 people 1 Recording/Filming Studios 7000 sq. ft. 1 -16- Restaurant (Drive in) 9 parking spaces 1 Restaurant (Fast food) 22 scats 1 Restaurant 8 sets 1 Retail Stores 3000 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and Roller Rink (skating arca) 825 sq. ft. 1 Rooming Houses 7 beds 1 RV Dumping Station 1 (not in association with camp grounds) Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (college, TVI) (30 sq. ft. /student) 18 students 1 Lcctor Halls ( 15 sq. ft. /student) 18 students 1 Dorm room On/off campus students 5 students 1 Schools (Nursery) Number of students licensed for 14 student,D 1 Church (nursery during worship 55 children 1 service only) (30 sq. ft. /child) Nursery (health clubs, bowling 2400 sq. ft. 1 alleys, etc. ) Schools (Secondary) 14 students 1 Scrvicc Station (gas pumping only) 1 Scrvicc Station (with service ccntcr) 2 (2 service bays) Scrvicc Station (with service ccntcr and car wash) 8 Swimming Pool (Public) 900 sq. ft. pool arca 1 Tennis Courts (Public) 1 court 2 Theater 64 scats 1 Theater (drive in) -17- 55 parking spaces 1 Vchicic Carage Employees stationed at garage 14 employees 1 Vehicle drivers (per day) 28 drivers 1 gpm x minutes/vehicle) /274 gal 274 gal. 1 Warehouses 7000 sq. ft. 1 Whirlpool (doctors office/clinic, 274 gal. 1 therapy) (# gal/fill x 8 fills/day) / 274 gal . Yard Storage Buildings (cx: lumbcr storage) 15000 sq. ft. 1 (customer pickup, no permanent employees) Type of Fixture Fixture Unit Value Drinking fountain 1 Floor drain 2" waste (only if 2 3" hose bib 3 4" included) 4 Shower stall, domestic 2 Shower (gang) per head 1 Sinks (lab in exam room, bathroom) 1 (kitchen, and others) 2 (surgeon) 3 (janitor) 4 Urinals (single wall hung) 3 (trough per 6 foot section) 2 Water closet G The SAC unit for a facility not included in the above list will be for SAC unit determination should be made prior to the issuance of the Building Permit. Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Residential 700 750/unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by SPUC by resolution. ADMINISTRATION/FINANCE - hereby set as follows: Office Charges hereby set as follows: 1 . Assessment Searches 10. 00 2 . Partial Release of Developers Agreement 10. 00 3 . Copy fee -18- General Public .20 Other governmental/non-profit public service . 07 Sewer Service Charges (Authorized by City Code 3 .02) (Effective on the 4/1/83 billing) 1. Quarterly service charge 9.00 10.50 2. For every 1, 000 gallons or part thereof of metered flow or water usage 1. 22 1.26 3 . Charge for unmetered residential water accounts or new accounts 9. 10 9.80/month POLICE/FIRE Report Copies hereby set as follows: 1. Up to 10 pages 5. 00 10. 00 2 . G 10 11 and over pages 1. 00/ea. 3 . 11 and over .25/ca. 4- 3 . Taped Statements (audio) 3.00 10.00 4 . Taped Statements (video) 10.0030.00 5. State Accident Reports 5. 00 6. Drivers License Printout 4 .00 7 . Computer Researched Reports 30.00 1st hour (does not include duplication costs) 15.00 for every hour thereafter Towing and Impounding of Vehicles hereby set as follows: Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10.21) 1. Dog Licenses (good for the life of the dog) 5. 00 2 . Duplicate license 1. 00 3 . First impoundment 10.00 4 . Second impoundment 20.-00 25. 00 5. Third and successive impoundment within a 12-month period 30.00 50.00 6. Amount charged per day when confined to the Pound 3-66 5. 00 7 . In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $5. 00. 8. Large animal impoundment 25.00 -19- 9. Large animal board per dav 10.00 Large animals are defined as animals other than household pets ie; horses, cows, sheep. PUBLIC WORKS Equipment Rental hereby set as follows: (Minimum Rental Time 1 Hour) Caterpiller Grader (private) 88. 00/hour (State snow removal) 75. 12/hour Front end loader (Fiat-Allis) private 90. 00/hour (State snow removal 2-1/2 yd. w/blower) 75. 12/hour Front end loader (Case) private 90.00/hour (State snow removal 2-1/2 yd. w/o blower) 78. 33/hour Elgin street sweeper 82.00/hour Elgin sweeper (State contract-twice/yr) 58.30/hour Roscue Side Broom 44.00/hour 2-1/2 ton dump truck (single) 55. 00/hour 2-1/2 ton dump truck w/plow 71. 00/hour 5 ton dump truck (tandem) 71. 00/hour 3/4 ton pickups (w/plow add 10. 00) 44.00/hour 5 ton tandem truck 2 w/plow 77.00/hour Water tanker/flusher 49.00/hour Trash compactor 38.00/hour Mower tractor (turf type) 44. 00/hour Weed Mowing (rough) 50. 00/hour Asphalt roller (1-1/2 ton) 22 . 00/hour Pull paver 28. 00/hour Steamer (w/tender) 71. 00/hour Bobcat 55.00/hour Raygo alley grader 39. 00/hour Wood Chipper 44 .00/hour Post hole digger (tractor mounted) 44. 00/hour (w/o tractor) 22 . 00/hour -20- Power auger (hand held) 17 . 00/hour Sign replacement/installation 100.00/sign (w/o post less $10. 00) Street sign installation in new subdivisions (per each sign pole) 250. 00 Sewer rodder 50.00/hour Video sewers (w/cassette add $20.00/each) 55. 00/hour Sewer jet cleaning 55.00/hour Vacuum Inductor 55.00/hour Barricades w/flashers 10. 00/barricade/day Barricades w/o flashers 7 . 50/barricade/day Cones 2 .00/cone/day Butuminous Street Repair 2. 50/sq. ft. Asphalt or Cold Mix $30/ton Refuse/Recycling Collection Rates (Authorized by City Code 3 . 02) 1. Urban Residence 30 gallon 12 .74 13 .04 60 gallon 14 . 13 14.74 Extra Service Coupon 2 .50 Extra 60 gallon container 14. 13 14 .74 2 . Rural Residence 30 gallon 15.89 16. 18 60 gallon 18.3G 18.95 90 gallon 19.76 20.66 Extra Service Coupon 2 .50 * All rates include City billing, admin. and sales tax. 3 . Refuse/Recycling Collection License 100.00 yr PLANNING - hereby set as follows: I. INFORMATION/DOCUMENT FEES Long Range Planning Documents Comprehensive Plan 50.00 1991-1996 Capital Improvement Program 20. 00 City Codes Chapter 4 Sign Regulations 3 . 00 -21- Chapter 11 Zoning Ordinance 20.00 Chapter 12 Subdivision Regulations 10. 00 Chapters 1-25 Entire City Code 50. 00 Agenda/Minutes (Annual) City Council Agenda 15.00 Planning Commission Agenda 15.00 City Council Minutes 35. 00 Planning Commission Minutes 35.00 Maps City Map (small) 1.00 City Map (large) 3 .00 Zoning (22"x34") 3 .00 Any Printed Maps (blueprint) . 50/sq. ft. Topography Maps 30. 00 Reproducible Maps 10. 00/ea Auto Cad Plotted Maps 10.00 Services Zoning Verification Letter 20.00 II. COMPREHENSIVE PLAN AMENDMENT Major Amendment $1, 000. 00 Minor Amendment 500. 00 III. LAND DIVISION ADMINISTRATION FEES Major Subdivisions Preliminary Plat 300.00 1-$6/lot or I $4/acres $330 + $6/lot or $200 + $4/acre, whichever is greater Preliminary & Final Plat Concurrently Preliminary fee plus final fee Final Plat 150.00 Minor Subdivisions Lot Split/Lot Reassembly 50. 00 100.00 Registered Land Surveys 100. 00 Vacations Vacations of Public Easements 100. 00 Vacations of Rights-of-Way 100. 00 Park Dedication Fees Refer to Section 12 .07,-22bd. 5 of the Shakopee City Code Wetlands Certificate of Exemption review process. 75.00 IV. LAND USE ADMINISTRATION Application for Appeal of City Administration Decision Appeal to Board of Adjustment and Appeals 100.00 Appeal to City Council 100. 00 Application for Variances Single Family Residential 85. 00 All others 150.00 Appeal to City Council 85.00 Application for Conditional Use Permit Home Occupations 100. 00 All others 200.00 Renewals and Amendments 200. 00 Appeal to City Council 100. 00 Mineral Extraction and Land Rehabilitation Permit 200.00 + $2 , 500 cash deposit * + all administrative costs ** + all consultant fees *** Application for Planned Unit Development Preliminary Development Plan 250.00 $400 + 115. 00 $20/acre Final Development Plan 200. 00 300 Preliminary and Final Development Plan Concurrently 450.00 +15. 00/acre Amendment to Final Development Plan 200. 00 + $1, 000 cash deposit * + all administrative costs ** + all consultant fees *** -23- Application for Environmental Review Discretionary Environmental Assessment Worksheet No fee Required Environmental Assessment Worksheet 1, 000.00 Required Environmental Impact Statement 4, 000.00 Zoning Ordinance Amendments Map Amendments 250.00 Less than 2 .5 acres 500.00 Greater than 2 .5 acres Additional Notices - Applies to all types of applications Rezoning Applications: Per Published Notice, in excess one published 25.00 notices for each of two hearings Per Mailed Notice, in excess of 100 notices 1.50 for each of two hearings All Other Applications Per Published Notice, in excess one published 25.00 notice for one hearing Per Mailed Notice, in excess of 100 notices 1.50 for one hearing NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE * Cash Deposits - Actions requiring cash deposits must be paid at the time of the application submittal. Cash deposits are held by the City to ensure adequate payment. A bill for the appropriate costs will be sent to the applicant and if not paid will be obtained from the cash deposit. The City Administrator has the right to amend the cash deposit requirements. Deposits will be place in escrow. ** Administrative Costs - Actions requiring payment for administrative costs may be billed to the applicant. Administrative costs may include but are not limited to the following: staff time, publishing costs, copying, printing and mailing. Department Fees City Planner 45. 00/Hour Assistant City Planner 35. 00/Hour Clerk/Typist II 25. 00/Hour *** Consultant Fees - Consultants may be required by the City to review development proposals including but not limited to traffic and water management issues. Consultant fees will be based upon a prior written proposal and agreement. Fees will be placed in escrow. -24- ENGINEERING - hereby set as follows: Department Fees (employees) City Engineer 53 . 75/hour Technician IV 36.80/hour Technician III 34 . 40/hour Technician II 28. 10/hour Secretary 24. 50/hour Salary multiplier 1. 7600 used when an employee' s rate is not specified above. Project Administratien Fee for Public Improvement Projects 1% of Contract Project Plans & Specifications Charged at 90% of the fees computed according to Curve B expressed as a percentage of construction 1972 ASCE Manual No. 45. Engineering Fees Department fees for Public Improvement Projects A. Private Developments A lump sum of 7 1/2% of the estimated construction costs for the project using the following breakdown: Administrative fee - 1% Plan Review fee - 2% Inspection fee - 4 1/2% Total - 7 1/2% Any direct costs incurred, such as material testing, or not included and will be billed back directly to the developer. B. City Projects The actual hourly rates of the employees will be used plus a multiplier of (Council to set) for benefits, overhead, etc. A 1% project administration fee will be charged to all projects. Other costs incurred will be added in using the actual costs (i. e. consultants fees, testing laboratories, etc. ) C. Miscellaneous Engineering Work Same as the City projects. -25- Permit Review 1. Commercial 30.00 2 . Residential 15.00 3 . Recheck at 1/2 the original fee Plan, Plat and Report Review 1. Review 30.00 2 . Plus hourly rate 3 . Recheck at hourly rate Storm Water Drainage Utility City-wide special benefit fee 10. 32/ (Payment due within 30 days - a penalty quarter/ of 5% per quarter added to past due amount) REF*-acre *Residential equivalent factor Flood Plain Verification 6.00 10.00 Reproducable Maps - See page 22 Permit to Work in Public Right-of-Way fees set as follows: Permit to work in public right-of-way - first inspection 25. 00 other multiple inspections - hourly rates When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept. Lot Corner Survey (with metal detector only) 25. 00 Only corners found will be marked (non-refundable, no guarantees) PARKS AND RECREATION - hereby set as follows: Municipal Swimming Pool Fees Gate Fees 2 . 50 Children (under 19) 2 . 50 Adults Non-Resident Season Tickets $40. 00 Family $50. 00 23 . 00 Individual 30. 00 Season Ticket/Slide Pass $50. 00 Family $60. 00 $33 . 00 Individual $43 . 00 Instruction $15. 00 Session Water Slide $1. 50 Five Ten Ride Ticket 2 . 50 Afternoon or Evening Pass -26- Non-Resident New! Waterside Season Pass $30.00 Family $40.00 25. 00 Individual 35. 00 Activity Fees: 1. Seasonal Activity Fee For Youth $13 . 00 2 . It It i' Adults 20.00 3 . Assess all other activities on a proportional basis. (Some are 1 day) 4. Shakopee non residents outside boundaries of School District #720 shall pay additional assessment of $5. 00. 5. Fulltime employees in Shakopee that live outside the community pay the same fees as residents. 1992 Picnic Shelter Rental Schedule Shakopee Youth/School groups (weekdays only) No charge Shakopee Residents and Non-Profit Groups $ 25. 00 Shakopee Businesses/Cooperations $ 45.00 Out of Town Groups and Businesses $ 55. 00 1992 Picnic Kit Rental Schedule Volleyball Kit $ 5. 00/per day/weekend Horseshoe Kit $ 4 . 00/per day/weekend 1992 Bailfield Rental for Tournaments One Day Tournaments $20. 00 per field Two Day Tournaments $30. 00 per filed Community Youth Building Community Youth Groups No Charge Scouts, 4-H, Youth Athletic Associations Schools, City and County_ Senior Citizen Groups No Charge Community Organizations, Families and Individuals $75. 00 per day_ Plus Refundable Damage Deposit $50. 00 Local Businesses $100. 00 per day (Weekends only - Training Purposes) Plus Refundable Damage Deposit $ 50. 00 Out of Town Groups $ 75. 00 per day (Limited to Non-profit Youth Groups) Plus Refundable Damage Deposit $ 50. 00 OTHER - hereby set as follows: 1. Application fee for variance from or amendment to 25. 00 the cable franchise ordinance -27- PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. -28- PARK AND RECREATION ACTIVITIES FALL WINTER Rollerskate Trip $ 5.50 Kemps Skate Race $ 0.00 Dog Obedience 35.00 Figure Skating Les 27.00 Cheerleading 15. 00 Family Fun Nights 2 .00 Fall Gymnastics 31.50 Family Trips 8.00 Adult Exercise 38. 00 Rollerskate Trips 5.50 Adult Open Gym 20. 00 Winter Gymnastics 31.00 Gun Safety 5. 00 3/4 Cheerleading 18.00 Snowmobile Safety 5. 00 Elem Wrestling 13 .00 7/8 Cross Country 13 .00 Teen Broomball 3 . 00 7/8 Volleyball 45.00 Dog Obedience 35.00 7/8 Wrestling 13 . 00 Adult Exercise 38.00 4/5/6 Volleyball 13 . 00 Adult Broomball 240.00 3/4 Flag Football 13 . 00 5/6 Football 13 . 00 7/8 Football 13 . 00 3/4 Basketball 13 . 00 5/6 Basketball 13 .00 7/8 Basketball 13 . 00 Jr.High Ski Club 13 . 00 Men's Basketball 160. 00 Men' s Volleyball 160. 00 Women' s Volleyball 160. 00 NYSC Coaches Training 2 . 00 Hockey Assoc. 13 . 00 SPRING SUMMER Spring Gymnastics $24. 00 Summer Trips $ 8.00 Rollerskate Trips 5.50 Playground Events varies 3/4 Baseball 13 .00 Day Camp 30. 00 5/6 Baseball 13 . 00 Basketball Camp 7 .00 7/8/9 Baseball 13 . 00 Shooters Camp 1.00 M.Mantle Baseball 13 .00 Volleyball Camp 7. 00 Youth Golf Lessons 27. 00 Baseball Camp 7 .00 Adult Golf Lessons 25. 00 Soccer 10.00 Youth Tennis Lesson 17 .00 T-Ball 19. 00 Adult Tennis Lesson 23 . 00 Near Ball 19.00 Dog Obedience 35. 00 Kids in Dev. Sports 19.00 Adult Exercise 38.00 Archery 21.00 NYSCA Training 2 .00 Hershey Track 2 . 00 Showcase/non profit 5.00 Jr. Team Tennis 27. 00 Showcase/commercial 25.00 Picnic Shelter Rent 3/4 Softball 13 . 00 Family/non profit 25.00 5/6 Softball 13 . 00 Local Business 45. 00 7/8/9 Softball 13 .00 Non-Resident 55. 00 Men's Softball 300. 00 Volleyball Kit Rent 5. 00 Women' s Softball 300. 00 Horseshoe Kit Rent 4 .00 Co-Rec Softball 300.00 Ballfield Rental 30.00 Church Softball 20.00 Summer Gymnastics 25. 00 Town Team Baseball 300. 00 Legion Baseball 300. 00 over 35 Baseball 30029 \D, J TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Budget Amendment Resolution No. 3726 DATE: December 9, 1992 Introduction Due to discussion, previous Council action and other items, an amendment to the 1992 Budget is in order. Background The first budget change is to allow for the transfer of the amount of General Fund - fund balance that is over the target set by Council. Council previously discussed transferring such an amount to the CIF. The transfer includes the proceeds of the parking lot sale to MDOT in the amount of $260, 000. The transfer is reduced approximately $40, 000 to adjust for the smaller than budgeted transfer in to the General Fund from a closing debt service fund in 1992 . The second change is to increase the revenue and the expenditure budget for the lodging tax. Receipts are running higher than budgeted and 95% is remitted to the Convention and Visitors Bureau The third budget change is to delete the budget for the Park Reserve Fund from budget resolutions for 1992 . That fund has been reclassified from a special revenue fund to a capital projects type fund. Council has not been "legally adopting" budgets by resolution for capital project type funds but rather controls expenditures by authorizing specific projects. Keeping a "legally adopted" budget for the Park Reserve fund would lead to more complicated and confusing financial reporting. The second action item below directs that the transfer from the General Fund to the CIF be made. Alternatives 1. Approve resolution as presented and make transfer. 2 . Amend resolution and approve and make transfer. 3 . Do not approve resolution and do not transfer. Action 1. Offer Resolution No. 3726 A Resolution amending Resolution No. 3496 Adopting the 1992 Budget and move its adoption. 2. Move to transfer $552, 000 from the General Fund to the Capital Improvement Fund. RESOLUTION 3726 A RESOLUTION AMENDING RESOLUTION 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount General Unallocated 0911.4720 552, 000 General Revenue 0176. 3140 19, 220 General Planning 0176.4310 17 , 660 BE IT FURTHER RESOLVED that references to the Park Reserve Fund are hereby deleted from any resolution related to the 1992 budget. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Lodging Tax Extension DATE: December 8, 1992 INTRODUCTION: On December 1, 1992, Council requested staff to determine if the Lodging Tax could be increased to 6% with the City retaining 50% for General Fund purposes. BACKGROUND: In researching the State Statutes regarding the imposition of a Lodging Tax by a municipality, I have discovered that the maximum amount that a City can impose is 3%. In the last Legislative Session, an amendment to the Statute was proposed that would have increased the taxable amount to 6%. This Legislation subsequently failed. It is my understanding that the City of Winona received special Legislation to impose an additional 1-1/2% Lodging Tax above the Statute guidelines for a specific purpose. The City of Winona must utilize the funds generated from the additional 1-1/2% tax to offset costs associated with renovating some type of a historical structure. The special Legislation that Winona received also had a sunset provision. Five City's in the State (St. Cloud, St. Paul, Minneapolis, Duluth and Bloomington) have a Lodging Tax above 3%. These Cities each were grandfathered due to the fact that they enacted City Ordinances that were adopted prior to the general State Lodging Tax Legislation. In addition to a local Lodging Tax, some communities have elected to pursue special Legislation for a sales tax on food and beverages. At this time, I have not done an extensive analysis of the details involved in obtaining special Legislation for a food and beverage sales tax. If Council desires staff to pursue this as a potential revenue source for the General Fund in future years, staff believes it would be appropriate for Council to direct the appropriate City officials to research this issue in greater detail. In summary, the current Legislation does not allow the City to increase the Lodging Tax above the current 3% level. If Council would like City staff to investigate the possibility of pursuing special Legislation for a sales tax on food and beverage, further Council direction would be in order. Attached is Ordinance No. 349, extending the Lodging Tax for an additional three (3) years. Kris Dirks, Executive Director of the Shakopee Convention and Visitors Buraeu will be in attendance at our next meeting to answer any other questions council might have relative to this issue. ALTERNATIVES: 1. Offer Ordinance No. 349, An Ordinance Amending City Code Chapter 6, Other Business Regulation and Licensing, Section 6.44 , Lodging Tax, By Extending the Termination Date By Three Years, and move its adoption. 2 . Amend Ordinance No. 349, Extending the Termination Date One or Two Additional Years. 3 . Direct staff to research the possibility of obtaining special Legislation for a sales tax on food and beverages. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 349, An Ordinance Amending City Code Chapter 6, Other Business Regulation and Licensing, Section 6.44, Lodging Tax, By Extending the Termination Date By Three Years, and move its adoption. BAS/tiv TAMI\ADMIN\LODGE EXPLANATION TO ORDINANCE 9 ORIGINATING DEPARTMENT: Law Department PURPOSE: To extend the Lodging Tax for an additional three years. REMARKS: At the City Council meeting of November 17 , 1992 , the City Council approved a request from the Shakopee Chamber of Commerce, Convention and Visitors Bureau, to extend the lodging tax for an additional three years. This ordinance accomplishes this. At the December 1, 1992 , Council meeting, staff was asked whether the tax could be increased from 3% to 6% . The local lodging tax is allowed under Minn. Stat. Sec. 469 . 190 . Subd. 2 of that statute limits the tax to 3% . In 1989 the legislature had amended this to allow a maximum tax of 6%, but in 1990 the legislature reversed itself and lowered the tax back to 3% . Therefore, we are limited to the 3% rate. ACTION REQUESTED: Offer Ordinance No. , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6. 44 , Lodging Tax, by extending the termination date three years, and move its adoption. Submitted by: I v � .rn City Attorney L [4MEMO] ORDINANCE NO. 3`119 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SEC. 6. 44 , LODGING TAX, BY EXTENDING THE TERMINATION DATE IN SUBD. 6. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6. 44 , Lodging Tax, is hereby amended by repealing Subd. 6 and adopting one new Subd. 6, which shall read as follows: "Subd. 6. Termination. Termination provisions of this Section are hereby extended beyond the present termination date and this Section as so extended shall continue and remain in full force and effect for a period of three years from and after January 1, 1993 [ 1990] . " 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, and Section 6. 99 , Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective on January 1, 1993 . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: i • • _ 0:4_ City Attorney Published in the Shakopee Valley News on the day of , 1992 . [4MEMO] � lacL, CON Srp:Nri EXPLANATION TO ORDINANCE 351 ORIGINATING DEPARTMENT: Law Department PURPOSE: To extend the moratorium on the land south of the high school as originally intended. REMARKS: On December 18, 1990, the City Council adopted Ordinance No. 300, which placed an interim official map on certain land south of the high school. We intended to study this area, finally map some of it for roads and a drainageway, and possibly acquire some of it for various public or school purposes. That Moratorium was designed to expire on January 4, 1992 . We adopted Ordinance No. 322 on November 19, 1991, to extend the original moratorium another 18 months. Somewhere in the process the dates got confused, and although the ordinance says it is extending the moratorium for an additional 18 months, it actually extends it for only an additional 6 months. This ordinance corrects the error in Ordinance No. 322 , and extends the interim official map the full 18 months as originally intended. ACTION REQUESTED: Offer Ordinance No. 351, an ordinance of the City of Shakopee, Minnesota, correcting Ordinance No. 322, extending an interim official map for certain land located generally north of the south city limits; west of Spencer Street, south of Tenth Avenue; and east of Apgar Street, and move its adoption. Submitted by: ity Att rney C [23MEMOJ PLANNING COMMISSION RECOMMENDATION: At their meeting on December 3 , 1992, the Planning Commission passed a motion recommending approval of Ordinance No. 351. ORDINANCE NO. 351, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, CORRECTING ORDINANCE NO. 322, EXTENDING AN INTERIM OFFICIAL MAP FOR CERTAIN LAND LOCATED GENERALLY NORTH OF THE SOUTH CITY LIMITS; WEST OF SPENCER STREET; SOUTH OF TENTH AVENUE; AND EAST OF APGAR STREET. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: WHEREAS, on January 3 , 1991, the City Council adopted Ordinance 300, adopting an interim official map, due to an expectation that certain land will be needed as the sites of future streets and other necessary public facilities and services; and WHEREAS, on December 6, 1991, the City Council adopted Ordinance No. 322 , to extend this interim official map another 18 months; and WHEREAS, Ordinance No. 322 erroneously described the time period of the extension as 18 months from the date of adoption of Ordinance No. 300, rather than as 18 months from the date of expiration of Ordinance No. 300. Section 1 - That Ordinance No. 322 , an ordinance extending an interim official map for certain land located generally north of the south city limits; west of Spencer Street, south of Tenth Avenue; and east of Apgar Street, is hereby amended by deleting all references to "January 4 , 1991 (the effective date of Ordinance No. 300) " and replacing them with "January 4 , 1992 (the expiration date of Ordinance No. 300) " . Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. This ordinance shall expire and be of no further effect on July 4, 1993 , or at such time as an official map covering the same area is adopted and effective, whichever occurs first. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: i // City Attorney Published in the Shakopee Valley News on the day of , 1992 . [23MEMO) * la 6= _e MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director2; SUBJECT: 1993 Capital Improvements Plan Y' DATE: December 7, 1992 INTRODUCTION: Staff is requesting authorization to prepare feasibility reports on numerous projects that were included in the 1993 Capital Improvements Program. BACKGROUND: On December 3 , 1992 the City Council of Shakopee adopted the 5-Year Capital Improvements Plan (CIP) for 1993-1997 . Since this is basically a planning tool for staff, staff would like to move into the next step in the process, which is preparing feasibility reports on any prospective projects. Not all projects listed in the 1993 CIP will necessarily get constructed in 1993 . Attachment No. 1 is a summary of those street projects listed in the CIP, along with the status of each and comments from staff. At this time, staff would like to initiate feasibility reports on several projects as follows: Spencer Street/8th Avenue Miscellaneous Reconstructions - Naumkeag Street (2 blocks) , Fillmore Street (1 block) , and Atwood Street (1 block) Attached are the appropriate resolutions for City Council consideration ordering feasibility reports on those projects listed above. ACTION REQUESTED: 1. Offer Resolution No. 3721, A Resolution Ordering the Preparation of a Report on an Improvement to Spencer Street, Between 1st Avenue and 9th Avenue and 8th Avenue, Between Atwood Street and Spencer Street and move its adoption. 2 . Offer Resolution No. 3722 , A Resolution Ordering the Preparation of a Report on an Improvement to Fillmore Street, 3rd Avenue to 4th Avenue; Naumkeag Street, 2nd Avenue to 4th Avenue; and Atwood Street, 4th Avenue to 5th Avenue and move its adoption. DEH/pmp MEM3721 ATTACHMENT NO. 1 Summary of 1993 Street Projects Listed in 1993-1997 CIP Project Number Project Name Status Al Spencer Street Staff requesting permission to do Feasibility Report. A2 8th Avenue Staff requesting permission to do Feasibility Report. A3 Muhlenhardt Road Tabled until Assessment Policy revised. A4 Minnesota/Dakota St. Feasibility Report already ordered. A5 Downtown Alleys Feasibility Report already ordered. SPUC decision on underground needed. A6 Misc. Reconstructions Staff requesting permission (Naumkeag, Fillmore, to do Feasibility Report. Atwood) A7 Maras Street Deleted from 1993 CIP by City Council. A8 Harrison Street Deleted from 1993 CIP by City Council. A9 Vierling Drive No action at this time, until staff reviews entire State Aid System. A10 Webster Street Feasibility Report already ordered. RESOLUTION NO. 3721 A Resolution Ordering The Preparation Of A Report On An Improvement To Spencer Street, Between 1st Avenue And 9th Avenue And 8th Avenue, Between Atwood Street And Spencer Street WHEREAS, it is proposed to improve Spencer Street, between 1st Avenue and 9th Avenue and 8th Avenue, between Atwood Street and Spencer Street by complete street reconstruction, including any utilities and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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: City Attorney RESOLUTION NO. 3722 A Resolution Ordering The Preparation Of A Report On An Improvement To Fillmore Street, 3rd Avenue to 4th Avenue; Naumkeag Street, 2nd Avenue to 4th Avenue; And Atwood Street, 4th Avenue to 5th Avenue WHEREAS, it is proposed to improve Fillmore Street, between 3rd Avenue and 4th Avenue; Naumkeag Street, between 2nd Avenue and 4th Avenue; and Atwood Street, between 4th Avenue and 5th Avenue by complete street reconstruction, including any utilities and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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: City Attorney MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: 4TH AVENUE SANITARY SEWER DATE: DECEMBER 7, 1992 .Z. INTRODUCTION Based on the results of recent routine maintenance activities, action is needed on the sanitary sewer in 4th Avenue between Filmore Street and Naumkeag Street. BACKGROUND The Public Works Department recently performed routine maintenance and television inspection on the sanitary sewer in 4th Avenue. Based on this inspection it was discovered that the section of sanitary sewer between Filmore Street and Naumkeag Street is extremely deteriorated. This sewer is the original clay pipe and there are numerous cracks, offset joints, holes, protrusions in the pipe, etc. Staff has determined that this sewer line needs replacement as soon as possible. Because of the upcoming winter season, staff is proposing to replace this sewer early next spring. The pipe is still functioning properly and Public Works personnel will monitor the situation on a weekly basis all winter to make sure the pipe does not deteriorate further. 4th Avenue is currently under the jurisdiction of Scott County. The pavement from Filmore Street to Naumkeag Street is also severely deteriorated and staff feels that it should be overlayed, as a minimum, and possibly reconstructed. Once a sewer trench is cut into this street and possibly a watermain trench (SPUC will be contacted regarding the watermain condition) , the street should definitely be reconstructed completely. Since this is a County Road, they would be responsible for the majority of the street costs and there may be little or no City special assessments. Although, on the previous section of 4th Avenue that was reconstructed as a joint County/City project, a portion of the City costs were assessed. But the recent County Transportation Plan indicates that this street should be considered for turn back to the City. If that occurs, the City would normally assess 25% of the street cost per the current assessment policy. Because of the urgency in repairing the sanitary sewer next spring, the issue of any jurisdictional changes takes on more importance. Staff feels that the City should contact the County and request a timely resolution of any jurisdictional changes. This is the second project this issue has affected within the last month (the first being the 10th Avenue/C.R. 17 traffic signal) . If the jurisdictional change takes place, staff must first prepare a feasibility report and then hold a public hearing in order to assess any of this project. ALTERNATIVES 1. Officially request that Scott County turn back C.S .A.H. 16 west of Marschall Road to the City (4th Avenue, Marschall Road to Fuller Street, Fuller Street, 4th Avenue to 6th Avenue and 6th Avenue, Fuller Street to T.H. 300 at the women' s prison) . 2 . Initiate a feasibility report for complete reconstruction of 4th Avenue, Filmore Street to Naumkeag Street. 3 . Authorize staff to do both Alternatives No. 1 and 2 . 4 . Direct staff to replace the sanitary sewer only next spring. 5 . Direct staff to contact Scott County regarding a cost participation agreement on a joint project, assuming no jurisdictional changes. 6 . Do nothing. RECOMMENDATION Staff recommends either Alternative No. 3 or 5. If the City Council wishes to expedite the jurisdictional change, staff recommends Alternative No. 1. In order to stay on schedule for next spring construction, staff also recommends taking a parallel track by preparing a feasibility report on this street (Alternative No. 2) . Therefore, Alternative No. 3 would be recommended. If the City Council does not wish to address the jurisdictional change at this time, staff recommends Alternative No. 5 . In either case it would appear that a feasibility report should be prepared to estimate the project costs and develop funding options. ACTION REQUESTED 1. Direct staff to officially request that Scott County turn back C.S .A.H. 16 from Marschall Road to T.H. 300 by March 1, 1993 in order for the City to reconstruct the 4th Avenue sanitary sewer. 2 . Adopt Resolution No. 3723 , a Resolution ordering a feasibility report on 4th Avenue, between Filmore Street and Naumkeag Street. RESOLUTION NO. 3723 A Resolution Ordering The Preparation Of A Report On An Improvement To 4th Avenue, Fillmore Street To Naumkeag Street WHEREAS, it is proposed to improve 4th Avenue, Fillmore Street to Naumkeag Street by sanitary sewer replacement and possible street construction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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: City Attorney i # h , COI . 1\ 7 MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Tech. IV SUBJECT: Pavement Preservation - Cracksealing Project No. 1992-8 DATE: November 30, 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Pavement Preservation - Cracksealing Project No. 1992-8 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3724, A Resolution Accepting Work on the Pavement Preservation Cracksealing Project No. 1992-8 and move its adoption. RR/pmp MEM3724 CERTIFICATE OF COMPLETION CONTRACT NO . : 1992-8 DATE: December 11 , 1992 PROJECT DESCRIPTION : Pavement Preservation - Cracksealing CONTRACTOR: Bergman Companies , Inc . P .O . Box 659 Eau Claire , WI 54702 ORIGINAL CONTRACT AMOUNT $ 36 , 630 . 00 QUANTITY CHANGE AMOUNT $ -0- CHANGE ORDER NO, THRU NO. AMOUNT . , $ -0- FINAL CONTRACT AMOUNT $ 36 , 630 . 00 LESS PREVIOUS PAYMENTS $ 36 , 630 . 00 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer Form • IC-134Minnesota Department of Revenue Rev.9/89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. • Conparty name Minnesota CO number Bergman Companies, Inc. 2328573 maim wont 6615 Truax Blvd P.O. Box 659 September 1992 Cy state res Code Month/rpm work ended Eau Claire, WI 54702 September 1992 Total contract amount: $36,630.00 Te e i ne nutter Amount sal due: • ( 715) 899-6070 $36,630:00 Did you have employees work on this project? Yes • I Project number. 1992-8 if none,explain who did the work: Project location: Shakopee, 11N Project owner. City of Shakopee Address 129 E. First Ave. Shakopee, mN 55379-1376 Check the box that describes your Involvement in the project and fill in all Information requested In that category: >&1 Sole contractor • ❑ Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled Ni on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this protect inducing sending copies of this form, to the prime contractor if I am a subcontractor,and to any subcontractors if I am a pnme contractor,and to the contracting agency. Coruractors Title Date 4tizo.!_C - Secretary/Treasurer 9-28-92 • For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature d rtment of RevIsue otrjD i\ ` 1 m 0 CT 0 Ire 1W Q 2 l } 0 RESOLUTION NO. 3724 A Resolution Accepting Work On The 1992 Pavement Preservation Program Project No. 1992-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 29, 1992, Bergman Companies, Inc. , P.O. Box 659, Eau Claire, WI 54702 has satisfactorily completed the 1992 Pavement Preservation - Cracksealing Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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: City Attorney # lay MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: Pavement Preservation - Overlay Project No. 1990-1OB DATE: November 30, 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Pavement Preservation - Overlay Project No. 1990-1OB. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3725, A Resolution Accepting Work on the Pavement Preservation Overlay Project No. 1990-1OB and move its adoption. JD/pmp MEM3725 Form IC-134 Minnesota Department of Revenue Rev 9189 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number Hardrives, Inc. 9245382 Address Montryear work began 9724 10th Avenue ! 10/90 City State Zp Coe I Montnyear worn ended Plymouth, MN 55441 10/90 Total contract amount. 59,640.60 Telephone number Amount std'aue ( 612 ) 542-9060 2,982.03 Did you have employees work on this project? Project number: 1990-10B If none,explain who did the work: Yes Project location:Shakopee, MN Project owner: City of Shakopee Address 129 East First Avenue Check the box that describes your involvement in the project and fill in all information requested in that category: 7 Sole contractor E Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: iJ Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address OwneriOfficer oec:are that all information..I nave filled in or this form is true and complete to me best of my knowledge and whet. I aulhonze the Department of Revenue to disclose pertinent information relating to this protea,including sending copies of this form. to the prime contractor if I am a subcontractor,and to any subcontractors tf I am a prime contractor,and to the contracting agency. Cont ctor's sgratur4 Title Date • C�d;t Manager 11/20/92 For certification,mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Sy re oouthonz t of R ven/II:ftKua1 NOV 2 0 1992 CERTIFICATE OF COMPLETION CONTRACT NO . : 1990- 10B DATE : December 11 , 1992 PROJECT DESCRIPTION : Pavement Preservation - Overlay CONTRACTOR : Hardrives , Inc . 9724 10th Ave . N . Plymouth , MN 55441 ORIGINAL CONTRACT AMOUNT $ 33 , 705 . 00 QUANTITY CHANGE AMOUNT $ 25 , 935 . 60 CHANGE ORDER NO , THRU NO . AMOUNT $ -0- FINAL CONTRACT AMOUNT $ 59 , 640 . 60 LESS PREVIOUS PAYMENTS $ 59 , 640 . 60 FINAL PAYMENT $ -0- I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer RESOLUTION NO. 3725 A Resolution Accepting Work On The 1990 Pavement Preservation Program - Overlay Project No. 1990-10B WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 13 , 1990, Hardrives, Inc. , 9724 10th Ave. N. , Plymouth, MN 55441 has satisfactorily completed the 1990 Pavement Preservation - Overlay Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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: City Attorney g ° CO1\ SE1T EXPLANATION TO ORDINANCE 352 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt new licensing provisions for tattooing establishments. REMARKS: The Shakopee Police Department has requested an ordinance to regulate tattoo parlors and tattoo artists. There are substantial health concerns with breaking the skin to place the dye, especially with the current concerns about blood-borne diseases. They also have expressed a concern that these may provide an unhealthy social environment, and therefore need to be licensed to protect the public. This ordinance would require anyone who tattoos or operates a tattoo establishment to obtain a license. Insurance must be provided. Various health and sanitary requirements are set forth. Like all other city licenses, the license may be denied or revoked if the licensee has been convicted of a crime or fails to comply with the ordinance requirements. The hours of operation are limited to 7 : 00 a.m. to 10: 00 p.m. Due to the serious nature of the violations, and the potential for spreading of disease, a violation is made a misdemeanor. City Code Section 6.99 is being amended to allow some violations of Chapter 6 to be misdemeanors. Existing businesses are given 60 days to comply. This would allow them time to obtain insurance and improve their sanitary arrangements, if necessary. It also would allow the police department to do the necessary background checks for the licenses. ACTION REQUESTED: Offer Ordinance No. 352 , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, by adding eight new sections relating to tattooing, and amending Sec. 6.99 to allow some violations to be a misdemeanor, and move its adoption. Submitted by: _. /44 e:LI)Y Att ney [8MEMO2) ORDINANCE NO. 3E-)2=7., FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, BY ADDING EIGHT NEW SECTIONS RELATING TO TATTOOING, AND AMENDING SEC. 6.99 TO ALLOW SOME VIOLATIONS TO BE A MISDEMEANOR. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, is hereby amended by adding eight new sections relating to tattooing, which shall read as follows: "SEC. 6.50. TATTOOING. Subd. 1 Definition. The word "tattooing" means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. SEC. 6.51. LICENSE. Subd. 1. License Required. No person shall operate any establishment where tattooing is practiced, nor engage in the practice of tattooing without being licensed. Subd. 2 . Application. Any person desiring a license shall file an application as described in Sec. 6. 02 . Subd. 3. License Approval. The license approval shall be subject to all provisions of Sections 6. 01 through 6. 10. SEC. 6.52 . INSURANCE REQUIRED. Each applicant for a license under Section 6. 51 shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the tattooing establishment, and due to engaging in the practice of tattooing. The policy of insurance shall be in limits of not less than the statutory limits of liability for a municipality. Failure to keep in full force and effect the insurance required herein is grounds for revocation of the license. SEC. 6.53. LOCATION RESTRICTED. No person shall engage in the practice of tattooing at any place other than the place or location named or described in the application and license. SEC. 6.54. TATTOOING OF MINORS. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of such person. SEC. 6.55. HEALTH AND SANITARY REQUIREMENTS. Subd. 1. Water. Every place where tattooing is practiced shall be equipped with a sewer, toilet, and a sink. The sink shall be supplied with hot and cold running water under pressure, and shall be maintained in good working order at all times, and shall be kept in a clean and sanitary condition. Subd. 2. Diseases. A. No person having any skin infection or other disease of the skin or any communicable disease shall be tattooed. B. Every person to be tattooed shall be asked whether he or she has had viral hepatitis in the preceding six (6) months. No person suspected of presently having viral hepatitis, or having had viral hepatitis within the preceding six (6) months, shall be tattooed unless he or she has the written consent of a licensed physician. Subd. 3. Storage. All equipment, including needles, needle bars, tubes, pigment receptacles, stencils, razors, and razor blades shall be kept in a dust-proof glass case when not in use. Subd. 4 Sterilization. A. All needles and all tubes shall be sterilized in a steam pressure autoclave for at least fifteen (15) minutes at a minimum of two hundred fifty (250) degrees Fahrenheit (one hundred twenty-one (121) degrees centigrade) and at a minimum of fifteen (15 pounds of chamber pressure, or for at least thirty (30) minutes at a minimum of two hundred forty (240) degrees Fahrenheit (one hundred fifteen (115) degrees centigrade) and at a minimum of ten (10) pounds of chamber pressure, before use on any customer, and after their use again shall be so sterilized. B. Sterilizing solutions may be used for the purpose of sterilizing instruments other than needles when such sterilizing solutions are shown, to the satisfaction of the City, to be equally effective. Subd. 5. Skin Preparation, Aseptic Technique. 2 A. Each operator shall scrub his or her hands thoroughly before beginning to tattoo. Operators with skin infections of the hand shall not tattoo. B. Whenever it is necessary to shave the skin, a safety razor must be used. A new blade must be used for each customer. The razor shall be cleaned with soap and water after each use and kept in a closed case when not in use. All electric hair clippers shall be fully sanitized. C. The skin area to be tattooed must be thoroughly cleaned with germicidal soap and water, rinsed thoroughly, and sterilized with an antiseptic solution. Only single- service towels and washcloths shall be used in the skin cleaning process. D. Tattooing shall not be performed on any area of the skin where there is an evident skin infection. E. After tattooing, a sterile dressing shall be applied to the tattooed area. F. All tables, chairs and operating furniture shall be constructed of metal with white enamel or porcelain finish or stainless steel, and shall be kept in a clean and sanitary condition. G. Every operator shall wear clean white washable garments when engaged in the practice of tattooing. H. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances, and the pigments used from stock solutions for each customer shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded after use on each customer. I. All bandages and surgical dressings used in connection with the tattooing of any person shall be sterile. J. There shall be not less than one hundred fifty (150) square feet of floor space at the place where the practice of tattooing is conducted, and said place shall be well-lighted and ventilated. K. No place used for the practice of tattooing shall be used or occupied for living or sleeping quarters, or for any purpose other than tattooing. 3 L. No person shall be granted a license under this chapter who is not of good moral character and free from communicable disease. M. No person shall practice tattooing while under the influence of alcohol or drugs. N. The operator shall provide the person tattooed with printed instructions on the appropriate care of the tattoo during the healing process. O. No customer shall be tattooed while under the influence of alcohol or drugs. Subd. 6. Prohibition. No person shall operate an establishment where tattooing is practiced, or permit any tattooing without meeting and complying with all the provisions of this section. SEC. 6.56. HOURS OF OPERATION. No person shall operate any establishment where tattooing is practiced, nor engage in the practice of tattooing, except between the hours of 7 : 00 a.m. and 10: 00 p.m. SEC. 6.57 . PENALTY. A violation of Sections 6. 50 to 6. 54 is a misdemeanor. " Section 2 - That City Code Sec. 6. 99 , Violation a Petty Misdemeanor, is hereby repealed and a new Section adopted in lieu thereof, which shall read as follows: "SEC. 6.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful , and upon conviction thereof, shall be punished as follows: [for a petty misdemeanor, except as otherwise stated in specific provisions hereof. ] Subd. 1. Misdemeanor. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor. Subd. 2 . Petty Misdemeanor. As to any violations not constituting a misdemeanor under the provisions of Subdivision 1 hereof, the person shall be punished as for a petty misdemeanor. " Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Existing 4 businesses shall have 60 days from the effective date to come into compliance with these requirements. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk 1 Approved as to form: -f'a r; City Attorney Published in the Shakopee Valley Ne on the day of , 1992 . [8MEMO2] 5 FT° /'i''Fe�+11))1(11(-1)R'11':ir:. r. '•!r i!=rt.:,. December 15, 1992 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 ATTENTION: Mr. Dennis Kraft RE: SHAKOPEE CITY HALL 1992 YEAR END PROJECT BUDGET UPDATE Dear Mr. Kraft: As requested, we have reviewed and updated the Shakopee City Hall Project Budget. We have enclosed a copy for your use. Please note that the current budget includes costs for alternates One through Six, rock excavation at elevator pit, additional unforeseen asbestos abatement and the energy saving lighting revision; none of which were included in the original budget. The total of these items is $59, 595. 00. Including the above, the current budget, including contingencies is still on the original project budget. If you should have any questions, please call. Yours very truly, Cd'r�y}�, / ,1 Wayne R. Bradley #� Project Manager WRB:dmg Enclosure CC: City Council (5) Judy Cox Barry Stock Tammy Eagle Bull Sherrie Consorer Ron Domino Project File ;11)li IJinni linulerurd • .Suit' =-111) • Edina. \1\ ;:_; • 6i2: x.71-:4115 • li).rr(,12.`!.+1-1'6.4 firiP Priq SHAKOPEE CITY HALL 1992 YEAR END PROJECT BUDGET UPDATE ORIGINAL BUDGET(Excludes Alternates) Original Construction $383,330 General Conditions 34,955 Construction Management 36,500 Contingency 40,000 Sub-Total Construction $494,785 Furnishings $217,000 Architect/Engineer, Interior Design 44,625 Telephone System 35,000 A/V System 48,000 Sub-Total Construction $344,625 Total Project Budget $839,410 CURRENT BUDGET(Includes Alternates) Committed Construction Cost $454,410 General Conditions 43,675 Construction Management 36,500 Contingency on Const. Items 30,920 Sub-Total Construction $565,505 Furnishings $118,593 (3) Architect/Engineer, Interior Design 51,785 (2) Telephone System 35,829 (1) A/V System 41,775 (1) Contingency on Non-Const. Items 25,923 Sub-Total Construction $273,905 Total Expected Cost To Complete $839,410 1 of 2 OF] PADA SHAKOPEE CITY HALL 1992 YEAR END PROJECT BUDGET UPDATE Notes: (1) Per City of Shakopee (2) Calculated as follows: A/E Fee & Reimbursables @ 8.5% $38,625 Schematic Design 2,500 Total A/E Fee & Reimbursables $41,125 I.D. Fee & Reimbursables $8,775 I.D. Billing for Additional Hours 1,885 Total I.D. Fees $10,660 Total A/E & I.D. Fees $51,785 (3) Per Intra Design Includes: Misc. Window Blinds, Coat Hooks, Etc. Furnishings w/Alternate 3 Signage Systems Furniture Art & Framing Electrostatic Painting Refurbishing Guest Chairs • 2 of 2 b. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: TIF Payment To ISD 720 DATE: December 12, 1992 Introduction The City has received the second half tax settlement from the county. Council approval is requested to release funds to the school district under the tif referendum agreement. Background State law was changed several years ago to permit/require the payment to the school district of tif monies generated by a school referendum. The city and the school reached an agreement on such payment of funds. The city apparently has the option to retain some of the tif funds generated by the referendum through pay 1994 taxes if needed for debt service. The city should report to the school district whether any tif funds from the referendum are needed for debt service in 1993. The reduction of value for the track proposed in the spring of 1992 included a provision that the school be kept whole at the original level. Pursuant to that, the track deposited $100,289 with the city to keep the school whole in 1992. The track also paid the first half of the original pay 1992 taxes to the county plus the balance that would have been due if the original reduction would have taken place. The County Treasurer is holding about $250,000 as a deposit for the second half of 1992 taxes for the track. The schools share of taxes received on tif districts 1 - 7 is $57,823 in the November settlement plus $2,283 for delinquent settlements from district 3 plus the $100,289 on deposit from the track totals $160,395. Action Move to direct the disbursement of $160,395 to ISD 720 for settlement of tax increment generated by the school referendum and to notify ISD 720 that the city will not need to retain tif funds generated by the school referendum in 1993. taxinc/isdpayl C , TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Use Of Gasoline Pumps By Other Governmental Agencies DATE: December 15, 1992 Introduction There has been a request by another government agency to use the City gasoline pumps. Background ISD 720 has been using the city gas pumps for several years and paying for the fuel used. There has been a request by another government agency to use the gas pumps starting now and going through 1993. The other entity would pay for the fuel used. Action Requested Move to authorize the City Administrator to enter into contracts with other government agencies for the use and reimbursement of fuel pumped through the city's refueling facility. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Release of Check For School Registration DATE: December 15, 1992 Introduction The Chief of Police has requested a check to secure a school registration for an officer in the event the application for the school is accepted. Background Application has been made for the Deputy Chief to attend the Southern Police Institute, University of Louisville. Once notice of acceptance for the school is received, a check to secure the registration is needed. The check is requested to be released immediately upon acceptance of the registration versus waiting for the next Council meeting for approval. The amount of the check requested for securing the registration is $1,500. If the registration is not accepted, the check will not be released. Action Requested Move to approve the disbursement of $1,500.00 to the Southern Police Institute, University of Louisville for the registration of the Deputy Chief.