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HomeMy WebLinkAbout07/06/1993 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 6, 1993 1 . Attached is correspondence from Donovan Law Office regarding a Second Notice of Intent to sell Village Apartments . 2 . Attached are the May 12, 1993 minutes of the Scott County Economic Development Coalition. 3 . Attached are the June 16, 1993 minutes of the Community Development Commission. 4 . Attached is correspondence from George Bentley regarding transit issues relating to the 1993 Legislative Session. 5 . Attached is the Record of Minor Subdivision Approvals for 1993 . 6 . Attached is correspondence from Daniel Jobe, of the Scott County Highway Department with their responses to the comments received from the City of Shakopee regarding CP 91-18-02 Environmental Assessment Worksheet . 7 . Attached is the July calendar of Upcoming Meetings . 8 . Attached is the July Business Update from City Hall . 9 . Attached is correspondence from Mayor Laurent to Pastor Reeves thanking St . Johns Lutheran Church for donating four loud speakers to the City. 10 . Attached is a resolution from the Human Services Board of County Commissioners regarding acknowledging the contribution of the Shakopee Dial-A-Ride to Scott County Adults with Developmental Disabilities . 11 . Attached are the July 8, 1993 agendas for the Planning Commission and Board of Adjustment & Appeals. 12 . Attached is the Police Newsletter for Council review. 13 . Attached is the 1993 Shakopee Recycling Clean-Up Program Final Project Results . 14 . Attached is a memorandum from the Finance Director regarding the Jaycees Payment Agreement for Concession Stand. 15 . Attached is a memorandum from the Assistant City Administrator regarding the acquisition and installation of microphones for the City Council table. 16 . Attached are the Cable Communications and Public Access minutes from June 21, 1993 . 17 . Attached is a memorandum from the Recreation Supervisor regarding response to fee structure for recreation activities . 18 . Attached is a memorandum from the Public Works Director regarding the Shakopee Bypass . 19 . Attached is a memorandum from the Public Works Director regarding Vierling Drive . 20 . Attached is the monthly progress report on projects from the Engineering Department . DONOVAN LAW OFFICE 5407 Excelsior Boulevard Suite B Minneapolis, Minnesota 55416 Telephone (612) 922-3957 Facsimile (612) 922-8351 Thomas L. Donovan Certified Real Property Law Specialist June 9 , 1993 Department of Housing & Urban Development Loan Management Department 220 2nd Street South Minneapolis, MN 55401 RE: Village Apartments Shakopee, Minnesota FHA Project No. 092-35051 LD/SUP ATTN:Mr. Mark Campbell, Chief Loan Management Branch Gentlemen: Enclosed please find Form HUD-9609 , Second Notice of Intent ( "Second Notice" ) , which is being filed by Shakopee 62 Partnership, a Minnesota partnership ( "Owner" ) with respect to the above captioned project. The undersigned represents the Owner with respect to taking the above captioned project through LIHPRHA. By copy of this letter and it's enclosures, the Second Notice is being filed with the Mayor's Office, City of Shakopee, Minnesota, and the Federal National Mortgage Association. In addition, the Owner or its property manager will deliver a copy of the Second Notice to each of the occupied units in the project, and will post a copy of each in a readily accessible location within each affected building of the project. I am also enclosing to you a copy of an additional notice being given to the tenants of the project. This additional notice provides, in part, a contact person with the Owner and its property manager to whom inquires concerning LIHPRHA can be made. The Owner knows of no tenant representative at this time. In the event that a tenant representative comes to the attention of the Owner, all required notices, communications and materials will be provided to such tenant representative. June 9, 1993 Page 2 Please call if you have any questions regarding the enclosed. Sincerely yours, Thomas L. Donovan TLD:cjf Enclosures cc (w/enc) : Mayor Gary Laurent Certified Mail City of Shakopee Return Receipt Requested 129 East First Ave Shakopee, MN 55379 Federal National Certified Mail Mortgage Association Return Receipt Requested 135 North Los Robles Ave Pasadena, CA 91101 Mr. Robert Iversen Mr. Harold Teasdale Btshakopea.5 • 4350.6 APPENDIX 6 Second Notice of Intent U.S.Department of Housing and Urban Development To S..l Rental Housing or- Office of Housing Terra nate Affordability Federal Housing Commissioner %ursua'r;Sad on 21 6/d)of the Lo.4rcorna Hanning Preservaton and Resident Homeownershp Act of 1990 OMB Approval No.25020459 Public mooning burden for Itis collection of rnlermatron is estimated to average 3.75 hours per response,including the time for reviewing instructions,search ng enstirs=:a sowus.gathering and maintaining the data needed.and completing and reviewing the collection of information.Send comments regarang this burden estimate z•any one,aspect of:us collection of information,including suggestions for reducing this burden.to the Reports ManagementOfiicer.Office of Information Policies a C Systems.U.S.Deoartmentof Housing and Urban Development.Washington.D.C.20410.3600 and to the Office of Management and Budget.Pape wore teducc Protect(2502-0459;.Washington.D.C.20503. Do not send this completed form lb either of these addressees. This fir_:ca must be delivered simultaneously to(1)the local HUD Field Office,(2)the chief executive officer of the appropriate State or local goverment,(3) the mortgagee,(4)a representative of the tenants,and(5)if no tenant representative is known,then to each occupied unit. 1. Dale of this Notice June A, 1Q93 2. Purose of this Notice(Mark one): EVoluntary Sale: Transfer Preservation Rent (TPR)is less than or equal to the Federal Cost Limit(FCL),I may voluntarily(but am not obligated to)sell the project to a-qualified purchaser.' If I do not sell,I may later elect to keep the project and extend the affordability restrictions in exchange for certain incentives. EVoluntary Sale: TPR exceeds the FCL. All the above conditions apply. I know that incentives requested(including sales price)may not lead to annual gross rents which exceed the FCL. CMandatory Sale:TPR exceeds FCL. I wish to terminate affordability restrictions at the project by first trying to sell it through a mandatory sale. I know I am obligated to accept any bona fide offer I received from a-qualified purchaser"atTransler Preservation Value If a bona fide offer is not received,I may prepay the mortgage and terminate affordability restrictions. 3. Proect Information: a. FHA Project Number 092-35051 LD/SUP b. State Agency Project Number(If Project is Section 236 non-insured) c. Project Name Village Apartments d. Project Address(Include City,State,and Zip Code) 1428 East 4th Ave. Shakopee, Minnesota 55379 4. Name of Mortgagee Federal National Mortgage Association 5. Name of State or local Agency Receiving this NoticeOflntent Mayor ' s Office, City of Shakopee,MN 6. Bora fide otter(Mark one): a. I will only accept bona fide offers with full earnest money deposits. b. I waive the requirement that bona fide offers must include an earnest money deposit. c. I waive the requrement that bona fide offers include a full earnest money deposit and will instead consider offers with earnest money deposits of at least (cannot be more than required by a.). 7. Owner's Certification I,the undersigned,certify that this Notice of Intent has been submitted and distributed in accordance with the requirements of the statute as specified above. (Check if applicable) ® I certify that I know of no tenant representative. Under the penalties and provisi f Titi Uni tares Code,Section 1001,the statements contained above or in any attachments have been examined by me the of m edge and belief are true,correct,and complete. Signature(Owner) i Date June 9 , 1993 Name(Owner) arold Teasdale Address(Include City.State,and Zip Code) Shakopee 62 Partnership 54U / Excelsior H1 d Suite S Minneapolis, MN41i Residents Important Information about this Notice of Intent is on the back of this form. ref.Handbook 4350.6 ppm HUD-96•09;04.1392) 1 of . 1 4/92 T�.. r ,. tr�Yd a .,i.� . i . t ...::::::::.• 4350.6 r AFFEcDIR 6A i i -;..::. - .r Notiu To: All Residents of(Protect Name) ;i. From: U.S.Department of Housing and Urban Development Subject: Future Plans for Your Apartment Building The other side of this form is a copy of a Notice sent by the owner of your apartment • building to the U.S. Department of Housing and Urban Development (HUD). This Notice tells HUD about the owner's plans for the building based on the information we August 17 , 199.2 provided on On this Notice,the owner has checked one of two boxes which say"Voluntary Sale"or "Mandatory Sale.' In either case,residents of the project may be eligible to buy the project by forming a Resident Council. The Resident Council may continue to rent the apartments or it may sell the apartments to the residents through a Resident Homeownership Program. If you are interested in forming a resident council,please contact HUD for assistance. If"Voluntary Sale"is checked,and tenants don't buy the project,it means the owner will be offering the project for sale, but may decide to keep it instead. Whether the project is sold or not,it would most likely continue to be rented as it is now. If"Mandatory Sale"is checked,and tenants don't buy the project,it means the owner will be offering the project for sale. The owner may be allowed to pay off the mortgage and raise the rents if no qualified buyer offers to buy the project for a value set by HUD, and keep it affordable. tf you need information on the Resident Homeownership Program,or have any other questions or comments, you should contact the HUD Field Office at the following address and telephone number: • • office: Dept. of Housin and Urban Development Address: 220 2nd Street South City,State,Zip code: Minneapolis , MN 55401 612-370-3092 Telephone: loan HUD-9609 _ 1 Oil 4/92 i TO ALL RESIDENTS OF THE VILLAGE APARTMENTS Dear Residents: We are providing you additional information regarding the LIHPRHA or Title VI process that we initiated with HUD in August, 1992, regarding the Village Apartments. You will see by reading the HUD forms that we have elected to sell the property. However, as the HUD forms point out, this will most likely result in the property continuing to remain affordable and available to you as moderate income rental housing. The sale process may take over two years, and we will keep you informed as we go along. Please call me at my office at 869-0180 if you have any questions. Sincerely, Robert M. Iversen Shakopee 62 Partnership and Brentwood Management B:shakopee.6 tU„ SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES MAY 12, 1993 Members in Attendance: Barry Stock, Randy Kruger, Jon Albinson, Jim Parsons, Mark Luhmann, Kay Louis, Ken Anderson, John Breitbach, John Heald, Aurolyn Stwyer, Colleen Winter. Others Present: Nat Wisser, Gene Goddard. The twentythird meeting of the SCEDC was called to order at 8:00 a.m. on May 12, 1993 in the Council chambers of the Prior Lake City Hall. I. Approve Minutes of the April 21, 1993 SCEDC Meeting • MOTION BY BREITBACH, SECONDED BY ALBINSON, TO APPROVE THE APRIL 21, 1993 MEETING MINUTES. THE MOTION PASSED UNANIMOUSLY. II . Treasurer's Report John eitbach of $2 053.07 as of May 3.d that Coalition' s Treasurer'saccount Reporhad t a total , was accepted. III . Economic Development Day Stock reported that there are 100 coupons for the $5 in casino money, for distribution to brokers/realtors first. There are 30 RSVP's to date. Mystic Lake paid for the coupons ($500 ) , the invitations, and for a dinner for the prize drawing. There will be a sponsors' table; each community will have a display. Target attendance is 50 brokers. More sponsors are needed by next Wednesday. to ttock whoa RSVP volunteered to send Thank you sn willtben sent afterp thosethe event. The meal will cost the Coalition $10 per person. Stock ss release. Louis volntfor tolunteers to send a release with ewith a photo of the speaker volunteered to local papers after the event. 1 There will not be a written evaluation for attendees. ion. Louis will bring thanked Stock and Albinson for their hard work The board work in organizing the event. IV. Up-date on SBA Activity Anderson reported that the 7a program will be out of money by the end of April. The Coalition has a payable to Twin City Metro CDC of $2, 050. There is no activity coming out of Scott County in the 504 program. Luhmann said Bob Heck is very successful, with only 1-2 turn- downs. Heck is very good at telling prospects whether their loan is bankable or not. Luhmann said Holtmeyer & Smith have less sound a working relationship with SBA. He said an application now needs a long in-depth lender's analysis for approval. V. State Economic Development Activities Goddard reported that Terrell Towers is the new director of the Office of Business Management; Mark Lofthus is the new director of the Star City program. There will be a Metro Initiative Fund with $6 million in state funds and $6 million in McKnight funds to do work similar to the McKnight-funded efforts in rural Minnesota. There will be a regional access program that will provide on-line data base access to communities via fax or modem on Windows or non-Windows. NDC training is coming; there will a 2-day conference will bedntowns in s Sept.pt. 22-24 at the Star ; the fall City Radisson ty in Minnetonka. VI. Development Activity in Scott County Shakopee Stock reported that 200 new house permits have been issued this year; the school district is doing 3 expansions; there is a referendum June 22 for a $12 million project: community center, ice arena, and fire station. • Albinson reported that the bridge work has started for the by-pass. He said Nordic Track has 40,000 s. f. in Valley Green, but is going to expand in Sioux Falls in a former Litton Microwave building - 100,000 s.f. for free. Stock said that a prospect needs 17-20, 000 s.f. with 1-2 acres exterior storage. 2 Belle No report. Plaine Prior A prime prospect for the new business park has Lake backed off. The Wilds project is going ahead, but the Metro Council is a moving target. Mdewakaton The casino has been open one year; the expansion is Community going quickly. A 300-seat cabaret is included; completion is set for August 27th. Kraus-Anderson is the general. Savage Co. Rd. 42 will be closed soon. There will be about 400 houses built this year ( 118 through April) . The City is issuing $10 million for utility trunks down Hwy. 13. New Prague There is a proposal for a shopping center on the east end of town. The Planning Commission rejected it retail component due to the B-2 zoning of the site. The proposal will be re-done without retail. Jordan The Metro Council has approved the Minnesota Valley Electric Co-op MUSA line expansion, and the Environmental Quality Board has designated the City as the entity to decide if an environmental assessment worksheet is required. This means the project is moving forward. MVEC's existing 40, 000 s. f. building will be available at the end of the year. VII. Other Business None. VIII. Next Meeting The June meeting will be held on June 16 at 8 :00 a.m. in the Prior Lake council chambers. IX. Adjournment The meeting adjourned at 9: 15 a.m. 3 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 16 , 1993 The meeting was called to order at 5 :30 p.m. with the following members present; VanHorn, Unseth, Dircks, Albinson, Phillips, Brandmire and Miller. Barry Stock, Assistant City Administrator and Steven Cross, Architect were also present . Brandmire/VanHorn moved to approve the minutes of the May 19, 1993 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief update on the referendum scheduled for Tuesday, June 22, 1993 . Mr. Stock also noted that Inland Container is in the process of expanding their facility. The expansion is approximately 60, 000 square feet and has a value of $4 million. The expansion does not bring a significant increase in jobs since the space is scheduled for warehousing. Mr. Steve Cross gave a presentation regarding the progress that he is making on the architectural vignettes for the downtown area. Mr. Cross stated that approximately 3 weeks ago he walked around the downtown area with Mr. Stock and they identified approximately 10 block faces that he will be completing drawings on. He stated he has taken pictures of each of the blocks identified and has completed the blocking diagram of what is existing. He stated that he identified 10 elements that he believes will help improve the appearance of this district . He has broken the 10 elements down to five items that property owners can do and 5 items that the City should consider. In his review of the entire downtown area he over and over came back to the two blocks North of 1st Avenue. After looking at the two blocks north of 1st Avenue in great detail and attempting to develop a scheme that would incorporate what is in place, he felt that the best thing to do with these two blocks was to demolish them. He stated that he believed that the design of the mini bypass project pretty much determined the fate of the two blocks North of 1st Avenue . He stated that he felt the two blocks North of 1st Avenue were the focal blocks of the entire downtown business district . He stated that the way the mini bypass is configured all persons entering into the downtown core area will focus on the two blocks North of 1st Avenue. He also stated that the buildings as they currently exist get isolated in their present configuration. He doubted whether the buildings could be profitable as they presently exist or even with significant improvements . He stated that he did not believe that they met the market expectations of business owners . He also stated that in order for the downtown area to thrive a building that meets today' s market expectations and creates a critical mass of employees needs to be placed on the two blocks north of 1st Avenue. Mr.Cross stated that the two blocks North of 1st Avenue literally becomes a stage which impacts the entire area to the South. Mr. Cross noted that when the bypass is complete 1st Avenue will have significantly less traffic and lower traffic speeds . Mr. Cross noted that when he reviewed this area, buildings on the South side of 1st Avenue Official Proceedings of the June 16, 1993 Community Development Commission Page -2- seemed more viable and where in better condition. He also noted that the businesses seemed stronger on the South side of 1st Avenue. He tried to develop a plan that would assist the businesses on the South side of 1st Avenue attracting businesses . From this point he developed a plaza concept . The plaza would be anchored by two major tenants such as an eating establishment and drug store . He noted that these are just conceptual ideas and that the anchors could take some other form. One anchor would be at each end of the project . In between the anchors would be an open plaza that would have benches and perhaps a small gazebo. Situated along the entire north half of the block would be a full length building approximately 3 stories in height . First floor space would be occupied by retail tenants and upper floors could either be occupied by professional office space and/or apartments. In terms of image, Mr. Cross stated that he felt that a focal point needed to be developed on the end of Lewis Street at the bridge head. At the bridge head he was proposing that a tower be constructed on top of the third floor of the building. Mr. Cross stated that the building would include a turn of the century look. Below the proposed building and plaza would be two lower levels of parking that would accommodate space for approximately 400 vehicles . The dimensions of the major building would be approximately 70 feet wide and 150 feet long. Mr. Cross stated that the way he would see this project come together would be for the City to develop an incentive such as land acquisition and clearing and solicit proposals from developers . Mr. Cross stated that he felt that this is such a key block that developers would be interested in submitting proposals if the incentive package would include land acquisition and demolition. Chairman Albinson questioned what the exterior building treatment would be on the proposed buildings . Mr. Cross stated that he would like to see the exterior be brick with a metal roof . The lentils would be pre-cast concrete with canopies over the windows . Each shop would have their own canopy and signage but there would be a consistency in color and design. The lower portion of the building in terms of its base would be a rock face block. Chairman Albinson questioned where persons would park to access the anchor tenants at each end of the block. Mr. Cross stated that access to the parking lots would be off the alleys at each end and that once in the parking establishment you could access up through the main building in an elevator or through a pop up in the plaza area. He also stated that there could be street parking on the south side of 1st Avenue. Commissioner Brandmire stated that conversations over the past few years have focused on historic preservation. He questioned whether or not we would be negating our position if we pursue this type of Official Proceedings of the June 16, 1993 Community Development Commission Page -3- project . Mr. Cross stated that in his professional opinion after looking at the structures North of 1st Avenue he felt there were only two buildings at best that had any historical significance . He again stated that these two blocks will become the focal point of the community and that a flagship or focal point needed to be developed that would reflect the character of the community in the downtown area. He noted that in the remaining blocks within the downtown area the preservation theme could be pursued. However, on the blocks North of 1st Avenue an anchor development needed to be established in order to support the other properties in the downtown area. Mr. Cross then listed five components that he would like to see the businesses in downtown area pursue . 1 . Provide an awning or covered sidewalk canopy on all of the street fronts . 2 . Provide a parapet type lighting on the buildings . 3 . Paint buildings in colors that are deeper muted tones . Eliminating the color white all together. 4 . On alley ways, encourage signage/murals painted on the sides of the buildings such as the classic Coca-Cola sign. 5 . Respond to some of the building sketches that will be completed. In terms of the City' s participation, Mr. Cross listed the following five items : 1 . Redo alleys with an 8 foot wide brick paver sidewalk with concrete on each side eliminating the asphalt . 2 . Continue use of street lighting in the district . 3 . Continue use of brick pavers along the edge of the sidewalk. 4 . Incorporate planters that have more of a cast iron look. 5 . Incorporate street signs that are more of a historical look with a black sign and gold lettering. Commissioner VanHorn stated that he was upset because he did not believe that Mr. Cross' s design was what the CDC was looking for. He stated that he voted on having drawings completed that would preserve the existing buildings. Mr. VanHorn stated that if he wanted Disneyland he would go to Disneyland. He stated that Mr. Cross' s proposal was gross . He did not believe an art deco type building would go with the other buildings in downtown Shakopee. He stated that he wanted to see the historic buildings in downtown Shakopee reinforced, not covered up with a large development that would block all views into the downtown area. He stated that the architecture proposed is completely different from what we have now. Mr. Cross stated that he is not in favor of bulldozing the entire downtown area. He stated that he spent time walking around Official Proceedings of the June 16 , 1993 Community Development Commission Page -4- carefully trying to put together forms that were characteristic of the downtown area and incorporate them into his design. He stated that he tried to bring the characteristics predominate to the downtown area into the design of his proposed structure. Mr. Cross stated that he is all in favor of preservation. He stated that the proposed plaza concept serves as a bookend to keep development in the downtown area of a consistent turn of the century look. He stated that he sees the plaza concept as an anchor which supports and retains the types of historical preservation concepts that Mr. VanHorn has expressed. He stated that without making the property North of 1st Avenue a people place, the buildings in the downtown area are going to get lost . Mr. Stock questioned whether there was any way to preserve some of the buildings and construct some newer buildings in the area suggested by Mr. Cross . Mr. Cross stated that he has cataloged each of the blocks in the downtown area and that the mini bypass creates such a unique situation that it will not come close to functioning the way it did before . He stated that the mini bypass will really shake up the downtown area. He stated that you can try to massage all you want but the way those blocks are set up and the way the traffic patterns will develop dictates that the buildings are not going to be viable and perhaps the entire downtown area will not become viable if something isn' t created in the downtown area. He stated that he has tried to develop something that will retain some of the downtown historic character without losing it all . Chairman Albinson asked Mr. Cross if the buildings within the two blocks that are being discussed did have a high historical significance and value, would you have proposed a demolition approach. Mr. Cross stated that even if the buildings were in excellent shape, they are not right for what is happening as a result of the new roadways and how traffic patterns will function. He stated that he did not know who would want to rent older buildings and odd spaces with conditions that do not meet today' s market expectations . Mr. VanHorn questioned whether Mr. Cross sees any buildings in the downtown area that look like the design that he is suggesting. Mr. Cross stated no but he does see forms that are consistent in the downtown area such as the mansard roof and shapes of awnings and hanging canopies and curved windows . It includes elements from the past that make it look turn of the century. He stated that you need a facility that will attract businesses and modern market conditions if you wish to create a critical mass of people in the downtown area. He stated that modern conveniences such as parking, building design and open space needs to be developed. Mr. Stock stated that we shouldn' t focus on the architectural design proposed by Mr. Cross . The actual design components could Official Proceedings of the June 16, 1993 Community Development Commission Page -5- be addressed in a number of ways . This is where the proposal concept would provide an opportunity for developers to come back with something for the City to review and analyze and perhaps even negotiate. Mr. Miller stated that he would like to compliment Mr. Cross on how he has developed a plan that would essentially improve the view of the downtown area as you come across the bridge and incorporate green space. This was one of the concepts previously discussed by the CDC when they suggested that a wall be constructed behind all the buildings within these two blocks to block their view. Mr.Miller went on to state that now that the Brambilla block has been torn down and the approaches to the bypass have been cleared, what we have now is one big sore thumb sticking up. He stated that initially he was supportive of rehabilitation but he is ready to take a 180 degree position on this issue. Mr. Miller stated that he felt that it did not cost the City anything to take this type of concept out to developers and see if it would fly. Mr. Stock stated that maybe it is a little premature to solicit proposals but that we could certainly take the concept on an informal basis to several major developers to see if they had any interest what so ever. Chairman Albinson suggested that the discussion of conceptually reconsidering the position of preserving the block versus demolishing the block be placed on the next agenda. Mr. Albinson noted that it was the Commission' s recommendation in the pre- development plan that the block be retained and that the concept of demolition was kept open. Mr. Albinson thanked Mr. Cross for attending this evenings meeting. Mr. Cross stated that he would have the architectural vignettes ready for the Commissions review at their next meeting. Discussion ensued on the downtown pre-development plan. Mr.Stock noted that the City has finally received cost estimates from MnDOT regarding the installation of a railing on the bridge and bypass . Mr. Stock reviewed the cost figures for the railing. Mr. Stock noted that at the present time there is no railing proposed on the actual bridge itself . Cost to construct a 32 inch ornamental rail along the bridge which is 1433 feet long equated to approximately $63 . 50 per foot . Mr. Stock noted that on the actual bypass itself MnDOT is proposing to place chain link fence. The cost to install 60 inch ornamental chain link fence in this area equated to approximately $68 . 50 per linear foot . The total cost for enhancing the bridge and mini bypass area with ornamental fencing based on the prices submitted by equates to $173, 683 . 00 . Mr. Stock stated that MnDOT received their prices from the two contractors working on the project . Mr. Stock also noted that MnDOT would give the City a credit for the reduction of chain link fencing if the City pursued an ornamental fence. Official Proceedings of the June 16, 1993 Community Development Commission Page -6- Mr. Van Horn questioned how other communities get ornamental rail and historical lighting on their projects. Mr. Stock stated that MnDOT officials have stated that communities with these type of projects pay for enhancements above and beyond the typical MnDOT designs . Mr. Stock stated that funding for this project could come from either the Capital Improvement Fund or Tax Increment Fund. Mr. Stock stated that proceeds from the sale of City parking areas North of 1st Avenue equated to $270, 000 . 00 . When the cost to acquire the Gene Brown lot and develop the Gene Brown parking lot are subtracted approximately $120, 000 . 00 remains . Mr.Stock also noted that Phase II of the downtown redevelopment project was originally estimated at $900, 000 . 00 . The amount to be absorbed by the Tax Increment Fund equated to $800, 000 . 00 . Preliminary feasibility study figures indicated that Phase II costs will not exceed $500, 000 . 00 . Therefore, there may be some excess tax increment which was originally allocated to the Phase II Project available for ornamental fencing and/or other improvements in the downtown area. Commission Miller stated that he felt the unit prices submitted by MnDOT were out of hand. He also stated that the proposed square steel tubing railing that is being specked is not historic at all . He also stated that the specifications submitted by MnDOT calls for one coat of primer and one coat of black enamel paint . He questioned who would be responsible for maintaining this fencing. He stated that he was very concerned about rusting and maintenance . He questioned whether or not a steel product that would actually rust to a particular color could be incorporated. Mr. Miller suggested that the City obtain quotes from other contractors for the fencing. Mr. Stock stated that it might be an option for the City to pursue the fencing following the completion of the mini bypass project . He stated that he felt the City could obtain much better cost prices from other contractors . Miller/Brandmire moved to recommend that staff obtain cost quotations from other contractors for fencing and bring this item back to the Commission for further discussion at their next meeting. Motion carried unanimously. Mr. Stock commented on the parking lot that will be left on the North side of 1st Avenue following completion of the mini bypass. Mr. Stock stated that MnDOT officials have agreed to incorporate more green space into the parking lot at no additional cost to the City. Any historic lighting that would be incorporate would have to be picked up by the City. Mr. Stock stated that cost estimates for the historic lighting in the parking lot would be approximately $8, 000 . 00 . Discussion ensued on the Phase II Feasibility Study. Official Proceedings of the June 16 , 1993 Community Development Commission Page -7- Miller/Brandmire moved to recommend that the five elements suggested by Mr. Cross be incorporated into the Phase II Feasibility Study. Motion carried unanimously. VanHorn/Brandmire moved to table discussion of the Rehab Grant Program until the architectural vignettes and Mr. Cross' s report are complete . Motion carried unanimously. Mr.Stock reminded the Commission of the joint City Council/Planning Commission/Community Development Commission meeting scheduled for Tuesday, June 29, 1993 at 7 : 00 p.m. Mr. Miller questioned whether or not staff had obtained any cost figures for service costs that would be associated with a major development along the 18 corridor. Mr.Stock stated that he believed that City Planner was preparing costs for the services that would need to be incorporated into a large commercial development project . Phillips/Dircks moved to adjourn the meeting at 7 : 05 p.m. Motion carried unanimously. 4,“/ G.C. BENTLEY ASSOC. INC. 7525 Mitchell Rd., Ste. 216 Eden Prairie, MN 55344 (612) 937-3502 June 24, 1993 MEMO TO: Diane Harberts, Beverly Miller, Barry Stock FROM: George Bentley SUBJECT: Issues Relating to 1993 Legislative Session The confusion in the closing days of the legislative session regarding a metro governance study commission was ultimately resolved with the re-inclusion of the metro study commission language in the tax bill. As you may recall, the tax bill had been sent to the governor in its original form without the metro study language due to a clerical error. The end result is that there will be a metro study commission meeting during the interim, with a charge to make recommendations to the 1994 Legislature. This metro study commission will concentrate on metro governance issues, and its purview is expected to be broad enough to include counties, cities, special taxing districts, and just about anything else its chooses to look at. Transit will certainly be one of the primary topics reviewed by this commission. The commission will be appointed as follows: Five members appointed by the Senate; Five members appointed by the House, and; Five members appointed by the Governor. Commission appointments have not been announced yet, but they could be named some time during the week of June 28th. The first organizational meeting of this commission would probably not occur until later in July. The other issue relates to funding for the regional transit system. As you know, the funding bill passed by the Legislature specifically allocated funds directly to the MTC. The RTB was not particularly concerned about this because they believed they could equalize this direct funding through property tax allocations. Now legislators, such as Sen. Keith Langseth, the Senate author, are claiming that their intent was to eliminate all private carrier contracts with the RTB, and make all such service the domain of the MTC. This would effect all private carrier contracts, other than those in opt-out areas, such as the Roseville Circulator, the U of M service, and the BE Line. John Riley, Chair of the RTB, does not intend to follow that "intent" and will follow the letter of the law which does not preclude RTB payment of private carrier contracts. He does not believe (nor do I) that those voting for the funding measure in the Legislature this year understood Sen. Langseth"s intent, and never would have voted for the bill with that understanding. GOVERNMENT AFFAIRS • LEGISLATIVE AFFAIRS • CONSULTING Issues - Page 2 As mentioned previously, this issue technically does not impact opt-out areas because opt-outs are funded through separate legislation and are specifically outside of the MTC exclusive zone. There are potential impacts, however, that could be felt by opt-out systems. If the legislative "intent" was to become reality it could force some private carriers out of business, or at least out of the area. This would have a negative effect on future competitive bidding for opt-out contracts. Also, eliminating all private carrier contracts other than those held by opt- out systems would greatly increase the legislative pressure (particularly from MTC and union lobbies) to eliminate opt-out and make the metro area a one- carrier system. I do not anticipate any terminations of private provider contracts this year, but if additional regional transit funding is not provided during the 1994 legislative session there will be tremendous pressure on the RTB to cancel all private contracts and curtail much of the service provided through these contracts. This will result in lawsuits and a mess from which the region may never recover. As more information becomes available I will keep you notified on the status of both of these issues. If you have questions please let me know. RECORD OF MINOR SUBDIVISION APPROVALS 1993 I DATE: APPLICANT: PID NO: LEGAL: SO. FT. 2;9 C.I.Realty 27-163008-01 L8, B1, Eagle C .J 3 A= 5,764' sq. B=10,162' sq. 2,12 C.I.Realty 27-163020-0 L12,B2, Eagle C J 3 A= 5,674' sq. ' B= 5,682' sq. 3/3 C.I.Realty 27-163021-0 L13,B2, Eagle C .J 3 A= 5,690' sq. • B= 5,698' sq. 3/16 C.I.Realty 27-163005-0 L5,B1, Eagle C J 3 A= 6,697' sq. B= 6,561' sq. 3/16 C.I.Realty 27-163019-0 L11,B2, Eagle C J 3 A= 5,657' sq. B= 5,666' sq. 3/16 Dairy Queen 27-001108-0 Ll&2,B12, Shakopee Plat 15,647.74' sq. & S 1/2 Vacated Alley 3/23 Stephen Hendrickson 27-004007-0 N 1/2 Bl, East Shakopee Plat, A= 17,759.15' sq. except W 108' & E 12' of W 120' 13= 10,500' sq. ofS58' ofN1/2ofBl. 4/12 Norwest Bank 27-004050-0 Lots 6, 7, and 8, Block 7, 25,546' sq. East Shakopee Plat 4/20 C.I. Realty 27-163004-0 L4, Bl, Eagle C J 3 A= 6,968' sq. B= 6,832' sq. 4/29 Ken & Barb Menden 27-034006-0 L6, B1, Scenic Hts. 3rd A=16,221' sq. Ryszard Blascyzh 27-109001-0 Ll, Bl, Nor-Dean 2nd B=10,950' sq. 4/29 KFC of Shakopee 27-004061-0 E 1/2 L3, 1,4 & 5, B9, E Shakopee 40,498' sq. 27-004061-1 L6 & L7, B9, E Shakopee NOTE:The above approvals were provided to the Planning Commission members in their May 6, 1993,Agenda Packets. 6/11 C.I.Realty 27-163002-0 L2,I31,Eagle C J 3 A= 7,456 B= 7,366 6/11 C.I.Realty 27-163003-0 L3,B1,Eagle C J 3 A= 7,236 B= 7,102 6/11 C.I.Realty 27-163022-0 L14,B2,Eagle C J 3 A= 5,738 B= 5,709 * * 77.* * * * * 27-* * * SCOTT COUNTY S 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 June 21, 1993 Asst. Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction Mr. Lindberg Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: CP 91-18-02 Environmental Assessment Worksheet Dear Mr. Ekola: Scott County has reviewed the following comments received from the City of Shakopee and offers the responses noted below: CITY OF SHAKOPEE COMMENT What runoff impacts will be generated by the wider roadway through the bluff area? How will surface water treatment facilities be designed to accommodate the steeper slopes in the bluff area? SCOTT COUNTY RESPONSE The proposed roadway will utilize a storm sewer system to carry the runoff down the bluff, thus reducing the erosion potential associated with steep ditches. This storm sewer will outlet into a sedimentation pond prior to discharging into area wetlands. The sideslopes for the proposed roadway will not be steeper than the existing sideslopes. The wider roadway will only slightly increase the total runoff discharged in the bluff area. Standard erosion practices dictate an analysis of downstream capacity prior to project implementation. This analysis will be performed during final design of the project. An Equal Opportunity/Affirmative Action Employer Mr. Lindberg Ekola Re: CP 91-18-02 EAW June 21, 1993 Page 2 CITY OF SHAKOPEE COMMENT A Wetlands Replacement Agreement will be required from the City of Shakopee as required by the Wetlands Conservation Act. City staff also feels that a technical advisory panel should review the proposed project with respect to the Wetlands Conservation Act. Will the four lane construction in the bluff area impact any wetlands? SCOTT COUNTY RESPONSE All wetland impacts associated with the construction of a four-lane roadway have been identified in the EAW. Scott County will work with the permitting agencies including the City of Shakopee to prepare a Wetlands Replacement Plan acceptable to all parties. If you have any questions or would like additional information, please contact this office. Sincerely, • ,A e. Daniel M. Jobe, P.E. Design Engineer DMJ/kmg K-WP51\CONSTR\EAW\COMMENTS July UPCOMING MEETINGS :SUN MON TUE WED THU FRI SAT 1 2 3 ii- 5 6 7 8 9 10 City Hall Closed 4:30pm Public 7:30pm Planning Utilities Commission 7:00pm City Council • 11 12 13 14 15 16 17 4:00pm ZORC 7:00pm City Council I k i 18 19 20 21 22 23 24 7:00pm City 5:30pm CDC Council 7:00pm Energy and Transportation 25 26 27 28 29 30 31 7:00pm Park & 4:00pm ZORC Recreation 7:00pm City Council June flugus t SMTW TF S SMTW TF S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 43 • BUSINESS UPDATE FROM CITY HALL vol. 7 No. 7 Dear Chamber Member: July 1, 1993 Administration Park and Recreation City Council and staff are currently working on the Progress continues on the Tahpah Park concession 1994 budget. Staff is also in the process of beginning stand remodeling project. The project which is negotiations with the Police Officers and Sergeants partially funded by the Shakopee Jaycees is schedule bargaining units. for completion on July 11, 1993. The remodeled concession area and expanded rest room facilities which City Clerk will be handicapped accessible will be a great addition to Tahpah Park. Twenty-nine percent (2,126) registered voters came out On Tuesday, June 22, 1993 bids for new playground to vote in the June 22nd Special Election. The equipment at Memorial Park were received mi.. $8,000,000 bond issue for a community center, ice opened. On July 6, 1993 the Shakopee City Counc arena and fire station was defeated 1,211 to 907. This will review and approve a contractor for the project compared to the November 5, 1991,regular City election The project will consist of a modular playground unit when 2,120 registered voters cast their ballot for mayor that will be constructed this FaII at Memorial Park. and csixtozlive. sand reduced the City Council Funds for the project are being allocated from the size from six to five. Park Reserve Fund. Community Development Planning The Community Development Commission, Planning At their meeting on June 3, 1993, the Planning Commission and City Council will be meeting in a Commission approved an application for a Conditional special work session on Tuesday, June 29, 1993 to Use Permit from Thomas and Kristine Skraba to move discuss the future development patterns for property a residential structure from Chaska onto a 3.26 acra located west of County Road 18. This area will be site located at 2080 Englewood Lane in Shakopee. The significantly impacted when the Bloomington Ferry site is zoned Rural Residential. Bridge Project is completed. The Community Develo ment Commission has The Commission also approved an application for a p Conditional Use Permit from Bituminous Materials, reviewed the preliminary drawings from the consultant Inc. of Faribault, Minnesota to operate a hot-mixed completing architectural drawings of the buildings in asphalt plant on a 10 acre site owned by The Shiely the downtown area. The consultants findings will be Company. The site is zoned I-2, Heavy Industrial. incorporated in to a report and also will be utilized in They, would be producing, hauling, and laying hot- amending the rehab grant program guidelines. The mixed asphalt cement for various road projects in the drawings, report and proposed rehab grant program area through the 1993 and 1994 construction seasons. amendments are scheduled for completion in August. Council review should take place in early September. The Planning Commission recommended to the Circ Council the approval of an application for Final Plat approval for Parkview 1st Addition. The proposed plat from Marlowe Anderson of Leeco Distributing, contains 30 residential lots that are zoned Urban Burdette Booth of Kar Kraft, and Ron Thiebaud of Residential (R-2), and 3 commercial lots that are zoned Ron's Auto Sales. The applicants each operate an Highway Business (B-1). automobile sales business on Maras Street, and are requesting an amendment to Section 11.32, Subd. 3.0 The Commission also recommended the approval of to allow retail sales as a Conditional Use within the I-1 two requests for overhead electric lines to the City Zoning District when accessory to a principal use. The Council. The first request was for a temporary I-1 district does not currently allow retail sales as overhead electrical line along Vierling Drive for a either a permitted or conditional use. The Planning period not to exceed 24 months. The Shakopee Public Commission tabled their decision to allow time for Utilities Commission anticipates the line being additional information, including an inventory of undergrounded within the next year. The second businesses in the area, to be researched and submitted request was for a permanent overhead electric line by staff. along CR 78 and the upgrading of the line to a two circuit system. The existing single circuit along CR 78 At this same meeting, the Planning Commission also needs to be relocated and upgraded. The Shakopee continued the public hearings regarding a request for Public Utilities Commission had recently been informed an amendment to the Stonebrooke Planned Unit of the need to relocate the line due to the reconstruction Development, a request for a Conditional Use Permit of CR 78. from B and B Sales and Service, and a request for a Conditional Use Permit to fill in a Floodway at Huber At this same meeting, the Shakopee Planning Park. The public hearings regarding these three Commission recommended to the City Council the requests were continued to the July 8, 1993, meeting of denial of an application for an Amendment to the the Planning Commission. Zoning Ordinance from Universal Forest Products. This request was for a text amendment to Section Police 11.32, the Light Industrial (I-1) Zoning District, to include wood preservation facilities as a Conditional On May 22, 1993, the Shakopee Police held their 2nd Use. The applicants wholesale both treated and Annual Bicycle Rodeo and Rally. Shakopee Lion untreated wood, and currently have the wood processed volunteers helped Officer Ron Scherer register more off-site. With their effort to grow, they feel that a than 200 bicycles. In addition to licensing, participants wood preservation facility is needed at their site in could ride through a bicycle skill course, and also had Shakopee. the opportunity to purchase bicycle safety helmets at a At the June 3rd meeting, the Planning Commission reduced price. discussed a Major North-South Streets Characteristics Public Works\Enaineerin Map which is intended to serve as a general guide for g the land use planning process. The Planning Commission and the Community Development As the construction season continues, the Engineering Commission will find this map to be helpful in Department has been busy. Our current projects developing an understanding as to the future character include Prairie Estates 3rd Addition, Meadows 8th of the City and northern Scott County area. The Addition and finishing the cleanup for the Apgar Street Commission recommended to the City Council the and Vierling Drive Project. In addition, we have approval of the Major North-South Streets several projects starting up in the next few weeks. Characteristics Map for use as a general guide in the These projects include the Minnesota/Dakota/Alley land use planning process. The Planning Commission Project, 1993 Sidewalk Replacement Project and the also continued the public hearing regarding an 1993 Street Reconstruction Project. amendment to the 2010 Land Use Plan to the June 29, 1993 joint meeting of the Planning Commission, the The Public Works Department is happy to report they City Council, and the Community Development have completed the Spring clean up and street Commission. maintenance. They are now turning their efforts toward park improvements,lawn trimming and routine vehicle and street maintenance. These activities should The Planning Commission tabled a decision regarding a request for an Amendment to the Zoning Ordinance be greatly enhanced with the addition of a new mower and alley grader. t,-et--- CITY OF SHAKOPEE \° -" Ni INCORPORATED 1870 �., 129 HOLMES STREET SOUTH, SHAKOPEE,MINNESOTA 55379-1351 (612)445-3650 50;,KQt May 28, 1993 • Pastor Howard Reeves St . Johns Lutheran Church 119 8th Avenue West Shakopee, MN 55379 Dear Pastor Reeves: On behalf of the City Council and the residents of the community, I would like to thank St . Johns Lutheran Church for donating four loud speakers to the City. The speakers will go to replace the speakers that were vandalized last year in the baseball stadium at Tahpah Park. Again, thank you! Sincerely, J�J ' Gary L. L ur nt, Mayor City of Shakopee GLL:trw The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER HUMAN SERVICES BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA *40 Date May 4 , 1993 Resolution No. HSB9300 8 Motion by Commissioner Foslid Seconded by Commissioner Behm RESOLUTION No. HSB93008; ACKNOWLEDGING THE CONTRIBUTION OF THE SHAKOPEE DIAL-A-RIDE TO SCOTT COUNTY ADULTS WITH DEVELOPMENTAL DISABILITIES WHEREAS, on October, 1990, Scott County Human Services received a "Travel Skills Demonstration Project" Grant from the Regional Transit Board; and WHEREAS, training was completed in cooperation with Shakopee Dial-A-Ride; and WHEREAS, the Shakopee Energy and Transportation Committee decided to continue offering services to The Workplace clients at a reduced rate; and WHEREAS, the training has not only increased clients' passenger skills, but also opened opportunities for clients who rely on Shakopee Dial-A-Ride for transportation for employment and other necessities of life, NOW, THEREFORE BE IT RESOLVED by the Human Services Board in and for the County of Scott, Minnesota, that they recognize and express appreciation to the Shakopee City Council and Energy and Transportation Committee for their continued consideration of County residents with Developmental Disabilities. YES NO Malz X Malz Behm X Behm Foslid X Foslid Underferth X Underferth Mackie X' Mackie State of Minnesota } County of Scott } ss. I, Eileen Moran, Duly appointed, qualified and the Human Services Director for the County of Scott, State of Minnesota do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Human Services Board of County Commissioners, Scott County, Minnesota, at their session held on the 4th day of May 1993 , now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota, this day of May, 1993 By `'�'� TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN July 8 , 1993 Chairperson William Mars Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of June 3 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for a 2 ' variance from the required 10' side yard setback in order to build an entryway and attached garage onto the house at 725 S . Scott Street. Applicant: John and Peggy Lee Kling Action: Resolution No. 665 6 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for a 10' variance from the required 20 ' side yard setback in order to enlarge the house and attached garage at 1400 Blue Heron Trail. Applicant: Craig C. Olson and Mary Stuesser Action: Resolution No. 667 7 . Other Business a. b. 8 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN July 8 , 1993 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the June 3 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 50 P.M. PUBLIC HEARING CONTINUED: To consider amending Conditional Use Permit No. 376 to allow expanded hours for a mining operations located west of CR 83 , south of CR 16 and north of Valley View Rd. Applicant: NBZ , Inc. 6 . Annual Reviews: A. NBZ , Inc. - Conditional Use Permit and Mineral Extraction and Land Rehabilitation. 7 . 8 : 10 P.M. PUBLIC HEARING CONTINUED: To consider an amendment to the Stonebrooke Planned Unit Development, located south of CR 78 , east of CR 79 and west of Timber Trails Addition. Applicant: Laurent Builders 8 . 8 : 20 P.M. PUBLIC HEARING CONTINUED: To consider an amendment to the City Ordinance allowing limited retail sales as a conditional use within the Light Industrial (I-1) Zoning District. Applicant: Marlowe Anderson - Leeco Distributing Burdette Booth - Kar Kraft Ron Thiebaud - Ron's Auto Sales 9 . 8 : 30 P.M. PUBLIC HEARING: To consider an amendment to Shakopee City Code, Section 11. 36 , Subd. 2 , to add outdoor amphitheaters, convention and conference centers, indoor hockey facilities and community centers to the list of permitted uses in the Racetrack District. Applicant: Ladbroke Racing Corp. 10. 8 : 40 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to construct a 115 kV electrical transmission line to connect an existing transmission line to a new electrical substation on the property located 1/2 mile north, and 1 mile south of CR 42 on the west side of CR 83 . Applicant: Cooperative Power Association 11. 8 : 50 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to operate a BMX racing track on the property located north of CR 16, approximately 2 miles east of CR 17 . Applicant: John William Primrose Action: Resolution No. 668 12 . 9 : 00 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to allow an LP motor fuel tank upon the property located at 593 Citation Dr. Applicant: Schwan's Sales Enterprises, Inc. Action: Resolution No. 666 13 . 9 : 10 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow some retail sales upon the property located at 4110 Valley Industrial Blvd. So. Applicant: B & B Sales & Service Action: Resolution No. 662 14 . 9 : 20 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow fill in a Floodway in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 15 . Final Plat: To consider the final plat of Stonebrooke 2nd addition, located in the southeast corner of the intersection of CR 78 and CR 79 . Applicant: Laurent Builders 16 . Amendment to Final Plat: To consider an amendment to the final plat of Dominion Hills Subdivision to allow for phased street construction. Applicant: Gary Bergquist 17 . Other Business A. B. 18 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. City of Shakopee iiitc er,- i �' ''�� POLICE DEPARTMENT . ,�: (0,o las `Z`tow ��rM 476 South Gorman Street '�.1i; Of SHAKOPEE, MINNESOTA 55379 \� 4L n Tel. 612/445-6666 ' 0;te �•C Fax. 612/445-2313 f AKOPE ANN ES•O •• �t, The Police Report An inside look at police activity. July 1, 1993 Prepared by: Tori Van Cleve Police Continue to Monitor Police Upgrade Computer Flood Conditions Network Early last week the Minnesota River Earlier this year City Hall upgraded their demanded our attention and since June computer network software. We have 20th has kept it. On June 22nd officers put the old city hall network to good use. began measuring the water level every The network being used at the police four hours. The water went from 715.07 department was older and no longer above mean sea level (MSL) on June served our needs efficiently. We saw the 22nd; to 719.29 above MSL on June city hall network as an improvement and 25th; and on June 28th it was 717 above on the weekend of June 12th Steve MSL. We assisted residents in Valley Hurley, MIS Coordinator, installed the Haven Trailer Park with arrangements for software upgrade at the police sandbagging, coordinated with Valleyfair department. We are hoping to have all to manage traffic flow and parking the "bugs" worked out soon. conditions, provided traffic control for air transports arriving and departing St. Records Clerk Completes Francis Regional Medical Center, Associate Degree enforced parking rules in the construction area of the river after Teri Van Cleve, Police Records Clerk, receiving complaints that sightseer's has completed her associate degree in were creating a congestion in the Levee Office Systems and Management. For Drive area; and office personnel fielded the past three years she has attended hundreds of calls from travelers looking Normandale Community College in the for safe routes across the river. evening. She studied various computer applications including Lotus 1-2-3 (spreadsheets), Word Perfect 5.1 (word D.A.R.E. Receives Letter and processing), PageMaker (desktop Donation publishing), and DOS. She also studied information management, office The D.A.R.E program has received a management, criminal justice, office letter and donation from Roger Beuch. technology, and other related courses. (Attached) eSezve J-"zotE^_E CA ,. N rsa 0 0 an unN c� Q C( kn ., tL� _ cis 9 C\Ii � cor ooq'n N d 0 - � � ¢ Qoq� IAC) ~~V C U .�''C V N w� ,a V V COC C V V V H CO V • N M 0 O 6 •61 ° ai .O p(1C. -u oiC Gb G ,.,=.» 0. CSm tom. CO y '13; Z.'"•,,.? E C •bo.5 " � u °.t� ;..=,-..,-, u . -, ._ ;! oto z �., u u ° E� a � a p h vuy`Zc ��. h o 4 � •° a � » 4oec o c » asem.. ° q c4b N u q ° p C r _ E �' 0 .... {. ° y y m, ` '' 6, p U U - o • "o , o G '',� C U u v a11 •v 4yp" vo :'' o o .V t, h V.o Ca E C7 h 0 L� bo C `� ►1�r� �: u u h u N N ea O y o W V ca.v > C V, Oi o. 4 O 0 O w 0 O u ›. -4 oc i. u c. H C •v u Co) ° a a s c ° � �. a 2 `tet � � a a,� , z •.• cn c U Cin 4) V " a v F ° c er '-� y .n cn u z c`a o m y `• '. O cl ao a. U... < U C i o C) Cl.cu E of m E d c -03 _v O . O ca .O. 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A' n m n "•O C c� v .awAo3 ° r, �' Co• ° o• r, 0 o. c -.,(7 f9 i•l y� a� C -t7 R O n F 0. m n ° v 7ep A 0 o w 7 r...s r9 .a C ,N U C E "3 Sao w o E . � ?p "cm 5"A n 51 E-.2 w E ... j.y 04L c' ° U tij c\4-1 (.0a r, E- PO p 3 O �C C p p C is 0 U m -. a O 0 r, n y Z pi G ^ 0 .a v O .. 0 v c •.°' 9 - 0 0.O,.nr, `= 0 a.�' c cn tet°-, o c o •,, a p O C H.i• •r1 `v 0 y A i. ° T S Uo Of ' U•w ��-ODC000-4 CO E. o g CD R' a` rPrrP.Avr;-- c,3 0 o O rCi.o [��, v '4 cO Q'.�,T--IW n. F, o 0.4 e'• roGD--.-..4 tD-4 c»t0--ro�ODOD . - o- Officers Complete Department Shoot Staff Tours MCIW Facility On June 22nd, officers completed a department shoot at our local range. The Minnesota Correctional Facility The course of fire included malfunction invited Shakopee Police to participate in drills, magazine changes, slide a tour of the existing facility and the manipulations, 19 double action shots construction area of their 11 million and 31 single action shots completed at dollar expansion. Donna Hyatt and Teri 1 yard, 3 yards, 7 yards, and 15 yards. Van Cleve toured the facility on June 16th. The residents of MCIW are responsible for almost all building Crime Bill Addresses Victim's maintenance, landscaping and ground Rights maintenance. Inmates are also required to participate in work or educational Recent legislation has expanded the activities. The new addition will include rights of victims and the requirements of a ten bed mental health unit. police officers notifying victim's of their rights. New forms are being developed by the state and will be distributed to law Employment Anniversaries enforcement in the near future. As required by law and to help facilitate the 07-01-67 Don Bisek notice to victims; officers are now distributing a card at the time of initial 07-01-86 Brian Clark contact, which lists victim's rights and various organizations and telephone 07-01-87 Greg Tucci numbers to contact. This card is provided to area law enforcement by the Scott County Attorney's Office. A sample card is included with this Bar Graphs Are Attached newsletter. Bar graphs for the month of May are Flynn Attends Planning included. Session for 93 Minnesota Tactical Training Officer John Flynn, Commander of the Special Incident Response Team, attended a planning session for the 93 Minnesota Tactical Training Conference. The focus of this years conference will be legal liability concerns for tactical operations, and it will be held at Camp Dodge, IA, in September. BEUCH EXCAVATING 916 ATWOOD,SHAKOPEE,MN 55379 ROGER R.BEUCH-(612)4454956 • dune t4, 1:993 Officer Clark, The D.A.R.E. Program is a real confidence builder. We: can see homer this will enable children to resist drugs.. Thank you for your involvement in the program. Jill • thinks of you as her. friend.. Please accept our contribution to "offset" some expenses. And please c:ontinhe your efforLs to "offset's the negative influences. on our kids . Sincerely, Roger Beuch SHAKOPEE POLICE DEPARTMENT CALLS FOR SERVICE COMPARISON 1000 7 7 800 - `77 ••••• ••• 600 11' _ \ ly iz ill i! Ai: :Ail 400 - ,--•••• -4;k;::; ii 2°CI 1114- JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC LJ 1990 1991 ; 1992 MI 1993 06-29-93 SHAKOPEE POLICE DEPARTMENT ARRESTS OTHER THAN TRAFFIC 120 100 - -� 40 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC . ` 1990 1 11991 r4 1992 MI 1993 06-29-93 SHAKOPEE POLICE DEPARTMENT TRAFFIC CITATION SUMMARY 300 280 f....__ 260 , 240 - 220 - -i -.. 200 - _! 180 - -- -i 140 - / 120 - --. 100 • 80 -<' -i - i i \- -� � i JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Ut 1990 i 1 1991 '% 1992 1993 06-29-93 4 [ !) 1993 SHAKOPEE RECYCLING CLEAN-UP PROGRAM FINAL PROJECT RESULTS EXPENDITURES PROJECTED ACTUAL Tires $ 500 . 00 $ 310 . 00 Appliances 800 . 00 619 . 00 Yard Waste Disposal 200 . 00 143 . 00 Yard Waste Hauling - 240 . 00 Refuse Disposal 3, 500 . 00 2497 . 20 Advertising 500 . 00 822 .41 Public Works Staff Time 500 . 00 500 . 00 Shakopee Area Catholic Schools 400 . 00 400 . 00 Waste Management, Inc . 3 , 000 . 00 2, 811 .20 Contingency 500 . 00 0 . 00 TOTAL EXPENDITURES $10, 400 . 00 $8, 342 . 81 REVENUES Gate Fees $ 4, 434 . 00 $ 2, 835 . 00 Batteries 50 . 00 50 . 00 Scott County Grant 5, 073 . 00 5, 073 . 00 Louisville Township Grant 393 . 00 393 . 00 TOTAL REVENUES $ 9, 950 . 00 $ 8, 351 . 00 MATERIALS COLLECTED Appliances - 85 Appliances - 15, 575 lbs . Yard Waste - 30 Yards - 9, 990 lbs . Tires - 310 Tires - 6, 200 lbs . Batteries - 5o Batteries - 125 lbs . Brush - 60 Yards - 18, 000 lbs . 49, 890 lbs . 447- 11-1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Jaycees Payment Agreement For Concession Stand DATE: June 28, 1993 According to the agreement executed by the Jaycees and the City for the payment of the expansion of the Tahpah Park concession stand, the Jaycees agreed to pay to the City $10,000 on or before June 1, 1993. The City has not received the money. The Ass't City Administrator was contacted before Finance was going to send an invoice for the payment due. His response was that the Jaycees do not have the funds to make the payment. An invoice will be sent to the Jaycees for the 6/1/93 amount due. 41'15 MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: City Council Chambers Microphones DATE: June 29, 1993 INTRODUCTION AND BACKGROUND: In early June, the City Council requested staff to discuss with the Access Corporation the possibility of installing two additional microphones in the City Council table . On June 21, 1993 the Shakopee Access Corporation agreed to cover the costs associated with the acquisition and installation of two additional microphones in the City Council Chambers table. The Access Corporation also agreed to cover the cost of repositioning several speakers in the Council Chambers . The microphones are expected to be installed during the first week of July. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 21, 1993 Chairman Anderson called the meeting to order at 7 : 00 p.m. with the following members present : Bastyr, Anderson, Scannell, Moonen, Zeigler and Harrison. Barry Stock, Assistant City Administrator, was also present . Zeigler/Bastyr moved to approve the minutes of the April 26, 1993 meeting as kept . Motion carried unanimously. Mr. Stock stated that the 1992 Cable Act provides cable franchises with the authority to regulate rates and impose new customer service standards . Mr. Stock stated that franchising authorities wishing to regulate rates must notify the Federal Communications Commission (FCC) of their intent by October 1, 1993 . Mr. Stock stated that he felt the procedures established by the FCC in determining whether or not rates are unreasonable were onerous and very staff intensive. He went on to state that he felt if the City of Shakopee wanted to regulate rates it would require approximately 25% of his time. The other option would be to utilize a consultant to complete the necessary FCC documentation and paper trail . Consultant costs would likely run in excess of $10, 000 . 00 . Mr. Stock stated that the Commission needed to address whether or not they felt it was in the best interest of the City to regulate cable rates. Mr. Stock stated that rate regulation is only permitted on rates charged for basic service. Channels outside the basic tier are exempt from the rate regulation standards . The basic tier of services includes all public, educational and government access channels, over the air broadcast stations and any other stations which the operator chooses to add. The FCC is establishing a benchmark procedure that will be utilized in determining whether or not rates are reasonable. Mr. Stock stated that from his understanding of the proposed formula, cable operators could juggle many different variables which would more than likely result in their meeting the FCC benchmarks. Chairman Anderson stated that he has always felt that it was inappropriate for the City to regulate cable rates . He stated that he felt cable was a non-essential service and if residents did not like the service they could simply drop it . Commission Scannell disagreed. He stated that the cable operator has been given the exclusive right to operate a franchise in the community and has the ability to use public right of way. Commissioner Moonen stated that while cable operators do have an exclusive right to provide cable television service, new technology in the area of direct broadcast satellites and the potential for telephone companies to enter the industry would basically make that a mute point . Market conditions will dictate when these new service providers enter the industry. At that time a check and balance system will be established by market conditions. Mr. Moonen went on to state that Official Proceedings of the June 21, 1993 Cable Communications Advisory Commission Page -2- he felt it would be years before the FCC established regulations and benchmarks to comply with the 1992 Cable Act . He stated that he did not feel the City of Shakopee should spend the time and or money at this time when many of the rules and regulations are still uncertain. Commission Harrison questioned if the City had to at least submit an intent to regulate rates by the established deadline date of October 1, 1993 if they wish to regulate rates . Mr. Stock stated that if the City intends to regulate rates, according to the current rules an application must be submitted by October 1, 1993 . Mr. Stock went on to state that this deadline has already been extended once already. Mr. Moonen reminded the Commission that if we do attempt to regulate rates, there is no guarantee that Shakopee' s current rate structure will be found to be unreasonable. Mr. Stock stated that in reviewing a recent survey of cable rates applied throughout the metro area Shakopee and Chaska are approximately $1 . 00 below the rate being charged for basic service in other metro communities . Mr. Stock stated that he doubted whether or not Shakopee rates would be found to be unreasonable . He went on to state that if they were found to be unreasonable that the financial impact for a typical subscriber would be minimal if anything at all . Bastyr/Harrison moved to recommend to City Council that the City maintain the status quo in terms of its cable franchise relationship with the cable operator and not regulate rates at this time. Motion carried with Commission Scannell opposed. Harrison/Moonen moved to adjourn the meeting at 7 : 35 p.m. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 21, 1993 Chairman Bastyr called the meeting to order at 7 :36 p.m. with the following members present : Anderson, Scannell, Moonen, Zeigler, Bastyr and Harrison. Barry Stock, Assistant City Administrator, Paul Rien and Doug Hamilton were also present . Anderson/Harrison moved to approve the minutes of the April 26, 1993 meeting as kept . Motion carried unanimously. Mr. Zeigler gave a brief Treasurer' s Report . He noted that the Access Corporation General Fund had a balance of $11, 566 . 05 and the Utility/Rent Fund had a balance of $4 , 594 . 01 . Mr. Zeigler stated that there were no outstanding debts for the Access Corporation. Harrison/Moonen moved to accept the Treasurer' s Report as submitted. Motion carried unanimously. Mr. Stock stated that the original design for the Council Chambers audio system did not include microphones for each of the persons sitting at the Council table. In defense of the designer, Mr. Stock noted that the architect changed the design plans for the Council Chambers table after the audio/video specifications were complete and bid. Mr. Stock noted that City Council has received complaints from several citizens regarding sound quality. The City Council is requesting that two additional microphones be installed in the system. Mr. Stock stated that he has obtained a price quotation in the amount of $702 . 00 for the installation of two microphones and the repositioning of several speakers in the Council Chambers . Mr. Stock noted that the City Council would appreciate the Public Access Corporation' s support in paying for the proposed improvements. Commission Anderson stated that he was hesitant to agree to cover the cost of a brand new capital equipment item. He felt that when the Access Corporation agreed to take over the government access function that it was primarily for maintenance of existing equipment, not costs associated with new capital equipment . Mr. Moonen concurred with Mr. Anderson but stated that he felt it would be a good faith gesture of the Access Corporation and a sign of their support of government access if they agreed to cover the costs associated with the installation of the two new microphones . Chairman Bastyr questioned why it cost $360 . 00 to install two microphones . Mr. Stock stated that two new wires had to be ran through the conduit from the control room to the Council Chambers . Additionally, the price quotation includes repositioning several speakers in the ceiling. Mr. Stock stated at the present time there is a feedback problem due to the location of several speakers . Mr. Stock did state however that the cost associated with repositioning the speakers was relatively minor. The majority of the work involved includes running the new wire through the conduit and making the proper connections and installations at the Official Proceedings of the June 21, 1993 Shakopee Access Corporation Page -2- Council Chambers table. Mr. Stock stated that in addition to the two microphones needed to be installed in the new Council Chambers, two other microphones would have to be relocated to the appropriate locations. Mr. Anderson requested that at least two quotations be received for the two new microphones and installation. Mr. Stock stated that he would receive at a minimum two quotations for the proposed services . Harrison/Moonen moved to approve funding the cost of two new microphones to be installed in the Council Chambers. Motion carried unanimously. Discussion ensued on studio maintenance . Mr. Anderson stated that at the recent meeting that was held with the public access users the issue of studio maintenance came up. He stated that the operations agreement with New Frontier Productions called for basic studio maintenance to be covered by the contractor. Since the operation agreement is going to be transferred to PFR Productions, Mr. Anderson questioned who would be performing the simple studio maintenance. Mr. Zeigler stated that he has received a bill from a contractor that Paul Rien has utilized to perform standard studio maintenance. Mr. Zeigler stated he questioned whether or not this bill is the responsibility of the contractor or the Access Corporation. Paul Rien stated that he was not aware of the fact that the existing agreement called for the contractor to be responsible for standard studio equipment maintenance. Commissioner Moonen stated that he felt we should simply move to approve the bill for $210 . 00 and that the issue be addressed in new contract language with PFR Production. Moonen/Anderson moved to authorize payment of a bill in the amount of $210 . 00 for studio maintenance. Motion carried unanimously. Mr. Stock stated that at an earlier meeting Mr.Bill Lepley stated that he intended to transfer the studio management services to PFR Productions. Mr. Stock stated that the Access Corporation should execute a contract amendment if that is their desired course of action. Commission Anderson stated that he felt since we were considering a major change in contractors that the entire contract should be reviewed and updated consistent with current practices. One of the proposed contract changes which we are presently operating under is a change in how studio maintenance will be handled. Mr. Stock offered to meet with Mr. Rien to go over the contract and make changes where appropriate. Mr. Stock went on to state that if the Access Corporation wishes to terminate their agreement with New Frontier Productions that they should follow the termination procedures as set forth in the agreement . This would require a 30 day written notice delivered by certified mail return receipt to New Frontier Productions. Commission Anderson stated Official Proceedings of the June 21, 1993 Shakopee Access Corporation Page -3- that he felt we needed to have another contract ready prior to termination of the agreement with New Frontier Productions . It was the consensus of the Commission to re-work the studio operations agreement with PFR Productions and place it on the next agenda for further consideration. Mr. Stock noted that at the last meeting the issue of studio space was discussed. In a related matter, Mr. Stock stated that he has received a correspondence from Mr. Lepley regarding the availability of additional space in the current facility. Mr. Lepley is offering the space to the Shakopee Public Access Corporation prior to offering it to other parties. The lease rate for the additional space which would include two offices and the present studio would be $1, 100 . 00 per month. This would include utilities for the space with the exception of telephone. Commissioner Zeigler stated that the present monthly rate is $550 . 00 per month. Mr. Anderson questioned the square footage for the new space and existing space. Mr. Stock stated that Mr. Lepley is simply offering the space to the Access Corporation because a possible need was discussed at the last meeting. If the Access Corporation does not wish to occupy the space Mr. Lepley will proceed in advertising. Mr. Harrison stated that he would like to know the entire square footage for the proposed space. Chairman Bastyr stated that he also questioned the need for additional space . Commission Anderson stated that he felt it would be nice to have the office space for editing stations but that it would be somewhat of a luxury item. Discussion ensued on other improvements to the studio. Mr. Zeigler stated that the carpeting is in dire need of replacement . Mr. Anderson stated that normally carpet is a leasehold improvement and should be done by the property owner. It was the consensus of the Corporation members to ask Mr. Lepley to provide additional information regarding square footage and potential leasehold improvements. The issue of studio equipment needs were then addressed. Mr. Anderson passed out a summary of the Public Access User' s meeting held on May 17, 1993 . He stated that he would like the Access Corporation to have a Sub-Committee meet to develop a new three year capital equipment program. It was the consensus of the members present to meet on July 7, 1993 at 7 : 00 p.m. at the Shakopee Public Access Studio to discuss Capital Equipment needs of the Corporation. Harrison/Scannell moved to adjourn the meeting at 8 : 50 p.m. Motion carried unanimously. MEMO TO: PARK AND RECREATION ADVISORY BOARD FROM: MARK MCQUILLAN, PROGRAM SUPERVISOR SUBJECT: RESPONSE TO FEE STRUCTURE FOR RECREATION ACTIVITIES DATE: 06/28/93 INTRODUCTION On Monday, June 14, a Public Information Meeting was held at City Hall to explain the June 22 bond Referendum for the proposed recreational facilities and fire hall. At the meeting a resident voiced several concerns in regards to the City's Recreation Activity Fee for adult softball. In this report, I will address the fees and charges for adult softball and what these programs are receiving in return. BACKGROUND EXPENDITURES The City's Parks and Recreation budget is split into three categories: Recreation and Park Administration, Swimming Pool and Park Maintenance. Budgeted expenditures for these services in 1993 are as follows: Recreation and Park Administration: $192 , 310 Swimming Pool: $150, 300 Park Maintenance: $315, 940 TOTAL: $658, 550 FUNDING The City of Shakopee utilizes three sources recreation funding: 1. Ad valorem tax 2 . Fees and charges 3 . Grants and contributions Capital Improvements for parks are funded by the Park Reserve Fund which is funded through park dedication fees and donations. FEES AND CHARGES FOR ADULT SOFTBALL Adult Softball Fees The adult softball programs have two basic fees. They are: A. Team Fees B. Player Activity Fees Team Fee: Team fees cover direct expenses to operate the activity. It covers expenses for umpires, softballs (game balls) , trophies and State ASA sanctioning fees. In 1993 , the women's team fee is $225. The money is collected by the league treasurer who places the money into a checking account to pay their expenses. In most cases (95%) this fee is paid by the team's sponsor and not necessarily by the players. Player Activity Fee Player Activity Fees are paid by each participant. This fee covers a portion of the city administrative services and field maintenance cost. Players who meet the residency requirements pay $20; non-resident players are assessed an additional $5. In 1993 , estimated gross revenues to be collected from the Adult Softball Player Activity Fees will be about $22 , 800. Breakdown: Men's $13 ,400; Women's $8000; Co-Rec $1, 400. Estimated gross revenues to be collected from the youth baseball/softball program will be about $8, 500. CITY EXPENDITURES FOR ADULT SOFTBALL This is difficult to calculate because administratively, we don't track time spent on each activity. The Recreation office can be servicing as many as 10-20 different programs and activities per day. Services to athletic programs (youth and adult) include the following: planning, organizing, budgeting, coordinating and evaluating of programs. Other program related services include answering calls, typing schedules and rosters, mailing notices, attending meetings, scheduling fields, publicity, communication with state organizations etc. Using a very conservative figure, it is my estimation that 10% of the Recreation budget is allocated to adult softball. That would equate to 10% of $192,310 or about $19,231. To keep things simple, if that amount is divided into thirds (between Men's Women's and Co-Rec Leagues) , the Women's League portion would be about $6,410.33. When field maintenance costs are factored in, the overall cost grows. In 1993 , the City budgeted $315, 940 for Park Maintenance. From that total, $31,830 is allocated for field maintenance (dragging infield & warning paths, mowing grass, repairing bases, and striping lines on the outfield) . Public Works Director Dave Hutton and Foreman Harry Pass informed me that approximately $22, 000 of the field maintenance account is spent for Tahpah Park. Another $5000 is allocated from the General Maintenance account to cover such costs as trash pick up and disposal, cleaning the restrooms, sweeping the parking lot etc. In all, approximately $27, 000 is spent on adult softball field maintenance. Divide this by three and the Women's League portion equates to $9000. The estimated total costs allocated for women's softball are as follows: (Note: the following estimates do not include utility cost such as water, electric and sewer that are associated with Tahpah Park. ) Recreation Administration: $6410. 33 Field Maintenance: $9000. 00 $15,410. 33 Again, I would like to emphasize that are conservative estimates. It appears from these figures that fees generated from the women's softball program cover about 52% of the City's costs to facilitate their program. OTHER INFORMATION I would like to clarify, several other points made at the June 14 meeting. Attendance at Women's Softball Meetings I have attended all of the Women's Softball Meetings from 1980 - 1992 . I did not attend their meeting this year because they changed their meeting date from March 23 to April 6 which was the same night as the Co-Rec Softball League Meeting. Recreation Assistant Sherry Dvorak attended the meeting in my place. Questions regarding Player Activity Fees come up almost every year. Much of the same information presented in this memo is the same information provided to the managers. Prior to 1991, (when recreation was administered by Shakopee Community Recreation a joint powers arrangement between the City and School District, ) fees were collected to fund primarily recreation administration and programming. Obviously, in those days, some of their money helped subsidize youth activities as well. Such things as field maintenance and utility costs were taken for granted. Field Rental It was alleged that the Women's Softball Program could rent the ball fields at Tahpah Park at a far less cost than the $20 Player Activity Fee they pay now. 1. The ball fields at Tahpah Park are not available for rental Monday through Thursday from late May to mid August. They are reserved for City sponsored league play. Organizations not affiliated with the City's Parks and Recreation Department are not allowed to rent these facilities during this time. For illustration purposes, if the women's softball program desired to opt out from paying fees, they would not be given first priority to use the Tahpah Park softball fields. Since the youth are paying their fees they would be given first opportunity to use the Tahpah Park softball fields on Tuesday nights (Women's league night) . The women's softball program would have the use of the fields after 6: 30 p.m. on either Friday, Saturday or Sunday or using the School District's ballfields on Tuesday evenings. 2 . We rent the ball fields for weekend tournaments only. However, if a business not from Shakopee wishes to use a field or two for a company game we will assess them a $20 per field rental fee for administration and maintenance. I should point out that a majority of the adult softball players are very appreciative of the fine facilities they have for their games. Unfortunately, there are always a few who do not grasp the entire funding picture. I'd be remiss if I did not mention some of the "perks" the adult softball program receives which probably go unnoticed by some. Here are a few: - Tahpah Park is considered one of the finest softball complexes in the metro area - there are nine fields all in one location - backstops and fenced outfields - balco bases and warning tracks - bleachers at almost every field - a concession stand - a drinking fountain - restrooms - sprinkling system - parking for 200 cars - Lights on two ball fields - Utility cost for the lights, sprinkling system and restrooms are not assessed to the participants. In closing, I would like to make some comparisons between the youth and adult sports programs. I believe there is a great disparity of services provided to adult softball programs versus youth baseball/softball programs. As I stated earlier in this report, adults pay a $20 Player Activity Fee. The team fee is generally paid by the business who sponsors the team. In the case of a youth participant, he/she will pay a City player Activity, an Association fee and he/she must participate in a fund raiser as well. Her is a breakdown of this year's fee for a youth baseball and softball player. AGE CITY FEE ASSN.FEE TOTAL T-Ball/Near Ball $20 $20 9 & 10 year olds $13 $14 $27 11 & 12 year olds $13 $20 $33 13 , 14 & 15 year olds $13 $32 $45 Most of the youth baseball/softball games are played on school grounds which are, by far, inferior to those used by adults. The t-ball and near ball programs currently play their games during the day on school fields. A few games have been scheduled in the evening so parents have the opportunity to attend. It would be nice to move all of their games to evenings but there are not enough ballfields. In a related matter, there have been a number of inquiries about developing a youth soccer program. Once again, we have not moved forward with this activity because of lack of fields and open space. SUMMARY On June 28, the Park and Recreation Advisory Board reviewed the issues raised herein. It was the consensus of the board to schedule an informational meeting for all softball players, and managers next Spring to inform them on how these fees are allocated versus the costs of services provided. The Board also felt the Player Activity Fees should be re-evaluated this Fall, in conjunction with the annual fee schedule update. Finally, the Park Board felt the City in general, needs to communicate more effectively with Shakopee residents. In that vain, the Board moved to recommend to the City Council that they include a City newsletter in the 1994 Budget. # 1 Y MEMO TO: Dennis Kraft, City Administrator 4a.-- FROM: Dave Hutton, Public Works Director SUBJECT: Shakopee Bypass DATE: June 25, 1993 INFORMATIONAL ITEM FOR COUNCIL: Staff has recently been notified that due to funding problems at the State level, the remaining construction contracts and final completion date of the Shakopee Bypass have once again been delayed. The previous schedule and revised schedule is as follows: Old New Date Date Stage III Bid Letting November, 1993 Spring, 1994 (East 1/2 of Bypass) Stage IV Bid Letting January, 1994 Fall, 1994 (West of Bypass) Opening of Bypass Fall, 1995 Fall, 1996 to Traffic DEH/pmp SCHEDULE cc: Shakopee Valley News Jon Albinson Dan Boxrud 4I1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive �• DATE: June 29, 1993 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL Staff has received numerous calls regarding dump trucks using Vierling Drive as a haul road between County Road 17 and County Road 83. Please be advised that because Vierling Drive is a collector street and on the Municipal State Aid System, it was designed as a 9-ton road. The trucks using this street do not exceed that weight, so therefore they are legally allowed to use the street. Therefore, the weight of the trucks is not an issue. Staff has informed Mn/DOT's contractor that the trucks should adhere strictly to the 30 m.p.h. speed limit and that it will be enforced. Also, the contractor will not be allowed to drop materials and dirt along the street. DEH/pmp INFORM 720 ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR JUNE 1993 Category 1 - Projects Under Construction 1. Apgar Street and 2nd Avenue Except for minor punch list items, this project has been completed. Percent Completed - 100% 2 . Vierling Drive - C.R. 17 to C.R. 79 Except for minor punch items, this project has been completed. Percent completed - 100% 3 . 12th Avenue Sewer and Water Project (Industrial Park) All sewer and watermains have been completed. The lift station has been installed, but the control panel has not been completed yet . Other items remaining include replacing 1200 feet of curb damaged on 12th Avenue by the project, replacing several sections of sewer pipe and gate valves that did not pass the pressure tests and restoration of grass and sod. Percent Completed - 95% 4 . Foothill Trail The City Council ordered this drainage ditch moved into the easement . The bid opening for this work was June 24th and this work should start in July. Percent Completed - 0% 5. 1st Avenue Utilities (Minibypass) All sewer and water construction on the west end of the project has been completed. Mn/DOT has started construction on the utilities at the east end of the project . The current Mn/DOT schedule is to have all the underground utility work completed by August . Percent Completed - 40% 6 . 1993 Sidewalk Replacement Program The contract has been awarded on this project . Construction will start in July. Percent Completed - 0% 7 . Valley Park 11th Addition Bids have been opened on this project and the contract was awarded at the June 1st Council meeting, contingent on the plat being recorded by July 31, 1993 . Percent Completed - 0% 8. Minnesota Street/Dakota Street/Alley This project was bid and the contract has been awarded. Construction should be starting in July. Percent Completed - 0% 9 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities Mn/DOT has notified the City that the right-of-way will be obtained by mid-July, so the City could initiate the bidding process. The City Council has authorized bidding this project and a bid letting will be scheduled for late July. Percent Completed - 0% 10 . Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) The design has been completed and the bid letting scheduled for June 25th. Once the contract has been awarded, construction will start as soon as possible. Percent Completed - 0% Category No. 2 - Projects in Design 1. Rahr Malting Force Main/ Inverted Siphon The forcemain portion of this project is in the final design phase. This project is being designed in-house . The internal service line (inverted siphon) portion of the project is being designed by consultants . Design has started on this inverted siphon and should be completed by the end of July. Forcemain - 95% Inverted Siphon - 25% 2 . V.I.P. Interceptor Extension This project was designed in-house. The plans and specifications are ready for bid. Percent Designed - 100% 3 . Public Works/SPUC Parking Lot Paving Some preliminary surveying has been obtained and an approximate cost estimate prepared. No design has started. Percent Designed - 0% 4. Downtown Alley Reconstruction and Undergrounding Electric Lines This project was ordered by the City Council on April 20th. The design of this project will need to be coordinated with Shakopee Public Utilities . All survey work has been completed. No design has started yet . The pavement reconstruction will be designed in-house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Percent Designed - 0% Category 3 - Projects Under Study 1. Downtown Streetscape/Phase II The feasibility report was ordered by the City Council and the report is nearing completion and will be submitted to City Council soon. Percent Completed - 75% Category 4 - Private Subdivisions All public streets and utilities constructed as part of new subdivisions require continuous inspection to make sure City Specifications are followed. The following is a status update on the new subdivisions for 1993 . 1. Beckrich Estates All work in this new subdivision was completed last fall with the exception of the final lift of asphalt, restoration and final clean-up. (No change in status from the last report . ) Percent Completed - 80% 2 . New Connection of Muhlenhardt Road to C.R. 18 and Streets in Horizon Heights 4th The road construction is basically completed. Some minor grading remains, as well as the final clean up, restoration, sodding and turf establishment . The developers schedule for completion is not determined yet . (No change in status from the last report . ) Percent Completed - 95% 3 . Minnesota Valley 7th Addition This subdivision was completed last fall except for the final lift of asphalt, clean up and turf restoration. The remaining work should be completed this summer. (No change in status from the last report. ) Percent Completed - 80% 4 . Stonebrooke - Phase I This subdivision still needs the final lift of asphalt . It was planned to be finished last fall but never got completed. Due to the final asphalt not being placed for several years, some curb repair and asphalt patching will be required. (No change in status from the last report . ) Percent Completed - 90% 5 . Meadows 8th Addition All underground utilities have been installed, curb and gutter installed and the base course of asphalt placed. Percent Completed - 80% 6. Prairie Estates 3rd All underground utilities have been installed, curb and gutter installed and the base course of asphalt placed. Percent Completed - 80% 7 . Milwaukee Manor All underground utility construction (sewer, water, storm sewer) has been completed. Grading for the roadway has started. Percent Completed - 40% 8 . Maple Trails Plans have been approved and construction is anticipated this summer. 9 . Dominion Hills Plans have been approved and construction is anticipated this summer. 10. Stonebrooke - Phase II Preliminary plans have been received and revisions noted. Final plans should be submitted and approved soon with construction starting this summer. 11. Parkview 1st Addition Preliminary plans have been received and revisions noted. Final plans should be submitted and approved soon with construction starting this summer. Category 5 - Special Projects 1. SPUC Substation The appraisals for the necessary easements have been ordered and should be completed in early July. 2 . Huber Park Grading Permit Because Huber Park is in the floodplain, the City must receive a permit from the Planning Commission to place fill in the floodplain. All supporting data for this activity has been prepared and the field surveys completed. Staff will be submitting this to the Planning Commission for action in July or August . 3 . Maras Street Easements All easements for the street have been obtained and recorded except two. Staff is continuing to work towards obtaining the remaining easements. 4 . 5-Year C.I.P. All requested projects for the 5-year C. I .P. will be submitted to the Planning Department in early July. The actual C. I .P. document will be prepared by the Planning Department, in conjunction with a financial analysis by the Finance Department . 5 . Total In-House Engineering Concept During the 1993 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e. no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet. 6. Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this. 7 . Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. The final report is being postponed until the Land Use Study near the new County Road 18 Interchange is completed. 8 . Comprehensive City-Wide Stormwater Management Plan (Consultant) This study is approximately 50% completed at this time . June 30, 1993 David E. Hutton City Engineer OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 15, 1993 Mayor Laurent called the meeting to order at 7 :00 PM with Cncl . Vierling, Lynch, and Sweeney present . Cncl . Beard arrived later in the meeting. Also present : Dennis R. Kraft, City Administrator; Barry Stock, Asst City Administrator; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Judith S . Cox, City Clerk. Mayor Laurent removed 11a) 1993-94 Clerical, Custodial, Technical Employees Contract from the agenda. Mr. Kraft removed 8c) Lee Vickerman, Jaspers Moriarty & Walburg, P.A. , regarding Mielke Cartway from the agenda. Vierling/Lynch moved to approve the agenda as changed. Motion carried unanimously. Cncl . Beard arrived at this time . Liaison reports were given by the 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. Mr. Chuck Dustrud, Administrative Manager, Scott County Human Services, presented an award to the City of Shakopee for the appreciation of using and continuing the Dial-A-Ride service to County residents with developmental disabilities . Sweeney/Lynch moved to approve the consent business . Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of May 18th and June 1st, 1993 . (Motion carried under consent business . ) Mr. Voxland, Finance Director, introduced the presentation of the Auditor' s Report . Mr. Cliff Hoffman gave a presentation of the Auditor' s Report . He stated that the City of Shakopee is very conservative with their funds . Mr. Hoffman stated that Shakopee should concentrate carefully on retirement health plans for employees before entering into an arrangement and also to watch their utility rates . He stated that Shakopee was in good standing and should remain an A rated city with little problem. Barb Diekmann gave an overview of the audit and stated that all was in accordance with the law. She commented that the City should look at the authorization for wire transfers . Miss Diekmann brought to the attention of Council that securities held by Marquette Bank Minneapolis were not protected against bankruptcy. Official Proceedings of the June 15, 1993 Shakopee City Council Page -2- Mr. Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. , gave a presentation regarding SPUC substation site on the Elmer Marschall Family' s property. Mr. Keane stated that there are 18 alternate areas cited for the substation and requested that those be looked at by Council . He stated that the Marschall families were concerned with the effects of the substation on their dairy herd. Mr. Keane observed that these substations are usually near or adjacent or under the transmission lines for which they are transferring power. He also noted that the substation should not be in a residential area. Mr. Bill Thiese, Electrical Engineer, discussed the cost estimates and the stray voltage concerns near the dairy farm. Mr. Keane presented the Council with a petition against the citing of the substation on the Marschall property signed by neighbors and other interested parties . Ms . Marty commented on the City' s standpoint with the Shakopee Public Utilities on a project such as this, stating that the Council can certainly discuss this project with the Public Utilities Commission and work with them on the project . She also stated that she did not believe the Public Utilities Commission has condemnation authority. Mayor Laurent opened the public hearing at 8 : 16 PM on $3 , 200, 000 Multi-family Housing Refunding Bonds (Riva Ridge Apartments Project) , Series 1993 . Mr. Kraft gave a brief presentation on the Riva Ridge Apartment project . He stated that the bonds requested in the amount of $3 , 200 , 000 do not bear the full faith and credit of the City of Shakopee . Stefanie Galey, Holmes & Graven, stated that in order for the individual to purchase the property they would like the City of Shakopee to approve the terms to make the debt service a more favorable rate . Ms . Marty stated that Mr. O'Meara did not have an opportunity to review all the documents and discussed the conditions involved with the procedure. Cncl . Sweeney suggested tabling any action so Mr. O'Meara can review the documents . It was stated that there is a deadline of June 30 . Ms . Galey stated that City would benefit by the new business and housing. June 15 , 1993 Proceedings of the Page 3- Official City Counccil speak on Shakopee City to LaurentMayo recognized anyone in the audience wishing this project . There was no response. this Laurent closed the public hearing at 7 :30 PM. Mayor $3 , 200 , 000 Multi-family Apartments Project) , Series Sweeney moved to table action on Housing Bonds (Riva Ridge 9 , until Counciljc ) , hasr an Housing ilfunding o f June 23rd, Beard and from Bond Counsel . Motion carried with Cncl . 1993 until the meeting answer Mayor Laurent dissenting. a Resolution Approving 3810 , Sweeney/Lynch °forrParkviewu1st nAddition, and moved its adoption. the Final Plat (Motion carried under consent business . ) amendment to the Zoning Mr. Ekola gave a presentation on theHe allow wood preservation facilities bt Jameths Scheible .a coildo the urdinance to zone as requesteddenial of use permit in planning Commission recommended stated that requested change. formed Zoning Ordinance Committee would serveMr stateddyto newly Commissioneson consultants d to receive information that comes from consultan s and as a body updating and provide recommendations e. Hes stated theymayneed 6-12 meetings to the zoning ordinance. within two weeks . discuss all the topics and should be starting ch offered a motion to direct Staff to prepare the Sweeney/Lynch the Section 11 .32, Light Industrial appro (I-1) Zoning oDistrict tonce e include wood preservation facilities as a (I-1) Zoning Conditional Use. against the motion. He stated that he Cncl . Sweeney asked to speak ag ordinance one piece at a time . did not want to re-write the zoning Cncl . Lynch also spoke against the motion, stating that she concurred with the Planning Commission' s decision. Mr. James Scheible, General Manager of Operations for Universal Forest Products, stated he feltetzoneyonere twoeing sidesena He estatedd for bthat ein in an I-1 and next to an this new facility would create more jobs . Mr. Scheible stated there are no explosion hazards or odors involved with this business . Jon Albinson stated that the City could use conditional use permit processes to commodate this business . He stated that this would bring in more jobs and business to the community and suggested the Council take another look at the zoning ordinance . Sweeney/Lynch moved to table the motion. Motion carried unanimously. Official Proceedings of the Shakopee City Council June 15, 1993 Page -4- Sweeney/Lynch offered Resolution No. 3811, a Temporary Overhead Electric Line along VierlingRDrive, Beginning at Marschall Road and Continuing East to Ruby Lane, for a Approvingerid Not to Exceed 24 Months, g ng under consent business . and moved its adoption. Period P (Motion carried Sweeney/Lynch offered Resolution No. 3812, A Resolution Approving an Overhead Electric Line Along County Road 78, Between County Road 79 and County Road 17 (Marschall Road) , and moved its adoption. (Motion carried under consent business . ) Mr. Frank Ries, Fire Chief, commented on the aerial apparatus bids received and recommended that the Finance Director determine which payment alternative offered would be best for the City. Sweeney/Vierling moved to award the aerial apparatus bid to Simon LTI for $548, 767. Motion carried unanimously. Sweeney/Vierling moved to direct Mr. Voxland to review the finance options for Council consideration. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to execute a purchase agreement and other necessary documents by and between the City of Shakopee and Gold Nugget Development Inc. to facilitate the purchase of approximately 65 acres located south of the Shakopee Senior High School . (Motion carried under consent business . ) Sweeney/Lynch moved to approve bills in the amount of $3 , 727, 478 .49 (includes purchase of investment for $2, 797, 823 . 00) . carried under consent business . ) (Motion Mayor Laurent recessed the City Council meeting for a short break at 9 :25 PM. Mayor Laurent reconvened the City Council meeting at 9 :35 PM. Mr. Voxland gave a short presentation on the insurance renewals and asked Council for direction. Mr. Hutton stated that the underground storage tanks were in compliance and registered with EPA, but will need to be replaced in about 1997 . Discussion ensued on replacing the tanks sooner in order to save the cost of petro fund insurance . Sweeney/Lynch moved to direct Staff to obtain information on above- ground storage tanks as soon as possible and in the mean time to sign up for the petro fund insurance coverage at a cost of $1, 950 . Motion carried unanimously. Mr. Voxland explained the umbrella policy to Council . He stated that there are not funds appropriated for this in the budget . Official Proceedings of the June 15, 1993 Shakopee City Council Page -5- Councilmembers discussed whether or not to purchase umbrella liability insurance . Councilmembers preferred to stick with the limits for municipalities as contained in state law ($600, 000) noting that this coverage is part of the City insurance coverage already and that courts are upholding the statutory limits . Beard/Vierling moved to maintain the status quo without purchasing the umbrella insurance policy. Motion carried unanimously. Vierling/Beard moved to increase the property liability insurance deductible from $500 to $1000 . Motion carried unanimously. Sweeny/Lynch moved to set July 13 , 1993 , 7 : 00 PM as the time and date for the hearing on alleged liquor violations by Cheers 2 Ya; and set July 27, 1993 , 7 : 00 PM, as the time and date for the hearing on alleged liquor violations by Jerry' s Bar. (Motion carried under consent business . ) Mr. Hutton gave a presentation on the Chaska Interceptor. He stated that staff is requesting the use of the City' s sanitary sewer consultant to assist in the meetings with Met Council . Lynch/Sweeney moved to authorize the appropriate City officials to execute a proposal from Short-Elliot-Hendrickson, Inc. to provide technical assistance in the Chaska Interceptor discussions for an estimated fee of $4, 600 . 00 . Motion carried unanimously. Beard/Sweeney moved to direct Staff to use the sanitary sewer fund for purpose of funding the $4, 600 . 00 . Motion carried unanimously. Mayor Laurent voiced concern on representing the City' s constituents procedurally and discussing bargaining position in public meetings regarding the sale of property. Ms . Marty stated that sale of property can be discussed in an Executive Session and to take the memo provided regarding acquisitions at Tahpah and Lion' s Parks as informative and discuss the details in the Executive Session. Beard/Sweeney moved to authorize the appropriate City officials to execute all necessary documents, subject to City Attorney review, for the purposes of granting additional right-of-way and easements to the Minnesota Department of Transportation for the purposes of constructing the Upper Valley Drainageway and realignment of County Road 15, within the boundaries of Lions Park and Tahpah Park and to negotiate the final cost of the purchase utilizing a minimum purchase price of $9, 000 . 00 per acre. Cncl . Beard wished to speak against his motion stating that since there is not an urgency that this item could be brought back at a later date. Motion failed unanimously. Official Proceedings of the June 15, 1993 Shakopee City Council Page -6- Mayor Laurent stated that where bargaining issues are discussed it should not be brought up on the regular agenda. The media stated it was opposed to having that item go to the Executive Session and requested ability to attend when discussed if their attorney says they can. Sweeney/Lynch moved to authorize Toni Warhol to be granted up to 55 hours of leave without pay during the period July 1, 1993 through August 15, 1993 . (Motion carried under consent business . ) Mr. Stock gave a verbal update on the bond issue . He commented that all the mailings have been distributed and reminders to vote were sent in the utility bills . Sweeney/Lynch offered Resolution No. 3813 , A Resolution of Appreciation to Members on the Board of Review, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 3814 , A Resolution Apportioning Assessments Among New Parcels created as a Result of the Platting of Prairie Estates 3rd Addition, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 3815, A Resolution Accepting Bids on the 1993 Sidewalk Replacement Program, Project No. 1993-11 and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 3816 , A Resolution Accepting Bids on the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch moved to approve the contingency in the amount of 100 for use by the City Engineer in authorizing change orders for this project . (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 3817, A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the Upper Valley Drainage Project, Phase II and the Shakopee Drainage Facilities, Project No. 1993-13 , and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Ordinance No. 357, An Ordinance Amending City Code Chapter 10, Public Protection, Crimes and Offenses, by Adopting One New Section Relating to Parades and Races, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 3819, A Resolution of the City of Shakopee, Minnesota, Approving A Premises Permit for the Official Proceedings of the June 15, 1993 Shakopee City Council Page -7- Shakopee Jaycees, and moved its adoption. (Motion carried under consent business . ) Mayor Laurent commented on the appointment of the 12 people to the Zoning Ordinance Committee. Cncl . Sweeney pointed out that only 6 people have accepted and the motion called for 12 people to be appointed. Sweeney/Beard moved to have Mayor Laurent appoint the City Council members as ex-officio members to the Zoning Ordinance Committee . Ms . Marty stated that if the Council was appointed and three or more members of Council appeared at a meeting, it would be considered a public meeting and it would be posted and noted. Motion carried unanimously. Mayor Laurent appointed the City Council to the Zoning Ordinance Committee . Cncl . Sweeney suggested that Staff set a time line for the meetings of the Zoning Ordinance Committee to complete their charge no later than September 30th. Mayor Laurent adjourned the City Council meeting for an Executive Session at 10 : 10 PM. Mayor Laurent re-convened the meeting at 10 : 53 p.m. No action was taken during the Executive Session. Mayor Laurent adjourned the City Council meeting at to Wednesday, June 23 , 1993 at 7 : 00 p.m. Meeting adjourned at 10 : 53 p.m. (iLA-14A c).. el(i)( ith S . Cox City Clerk Debra Zabel Recording Secretary ,OU ON Eq Oc•-,„ Q St. yohn's Evangelical Lutheran Church U �) 119 West Eighth Avenue (I) Shakopee. Minnesota 55379-2399 612-445-5666 LL Howard L. Reeves. Pastor 6), tik.1.13-6/ C'NT Y O U -�O (Ex 19.4) Mr . Mayor and The Shakopee City Council : I would like to be included on your July 6th agenda. The subject is a "Clean Rivers Team" project promoted by the Minnesota Department of Natural Resources on September 19th. I have a three minute video produced by the D. N. R. that presents the "Adapt a River " project . St. John' s has had two annual Ecology Days for our Sunday School including the clean up of trash along the State Trail bike path along the Minnesota River . We would like to prc'mcate the September 19th River Clean-up in the Shakopee area and involve many groups in the community. Sincerely, Carla Distad Sunday School Superintendent Coordinator of Shakopee Area Clean ;?rivers Team A Congregation of The Evangelical Lutheran Church in America "l MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Appeal the Decision of the Planning Commission - Bituminous Materials, Inc. DATE: June 30, 1993 INTRODUCTION: Bituminous Materials, Inc. has submitted an appeal regarding Condition No. 8 of Conditional Use Permit Resolution No. PC-661. Attached as Exhibit A is a copy of a letter from Robert Bieraugel, Environmental Affairs Manager for the Shiely Company, and Mr. John Heselton, Bituminous Materials, Inc. requesting that Condition No. 8 be deleted from Conditional Use Permit Resolution No. PC-661. BACKGROUND: Conditional Use Permit Resolution No. PC-661 granted approval for Bituminous Materials, Inc. to operate a hot-mixed asphalt plant on the Shiely property located in the Heavy Industrial (I-2) Zoning District. Attached is a copy of the staff report dated June 3 , 1993, regarding this Conditional Use Permit. Please refer to this staff report for the Background and Discussion. Staff recommended approval of the Conditional Use Permit, subject to seven recommended conditions. The Planning Commission approved the permit subject to the seven conditions recommended by staff, and added the following condition: 8. Westbound truck traffic from this activity shall use the service road and the signal light on Valley Park Drive, provided the Conklin Company concurs with the use of the service road. The Planning Commission expressed concerns on the safety of westbound truck traffic from the asphalt plant crossing the east bound lanes on TH 101, especially during rush hour traffic flows. Requiring the west bound trucks to cross the Shiely site and north of the Conklin site to gain access to the signalized intersection at Valley Park Drive would provide a safer left hand turning movement. Two previous Conditional Use Permits have been approved by the City for similar operations. The Conditional Use Permit for Hardrives, Inc. , approved in 1989, did not require the routing of their westbound traffic to the signalized intersection. However, the Conditional Use Permit for Cemstone, which was approved in 1992 , required westbound traffic from the site to use Valley Park Drive north to Highway 101. Attached as Exhibit C is a letter dated June 16, 1993 , from Steven L. Korte, Vice President of the Conklin Co. , Inc. expressing their support for the decision to approve the Conditional Use Permit. However, they object to Condition No. 8 requiring westbound truck traffic to use the service road on the north side of their property. Mr. Korte states that the additional noise, dust and congestion caused by the volume of traffic that BMI would create would cause an unnecessary safety hazard considering their chemical tanker traffic. With this appeal, the applicant is requesting that Condition No. 8 be deleted from the permit. Staff has received comments from MN DOT for both the original application for the permit, and for the appeal of Condition No. 8. They have informed staff that they are not aware of additional accidents at this intersection due to west bound truck traffic, and have expressed their approval for the permit. The Shakopee Police Department has provided the following information regarding the number of accidents that have occurred at the intersection under discussion: 1993 No Accidents Reported as of July 2 , 1993 . 1992 No Accidents Reported. 1991 2 Accidents Reported. The two accidents that occurred in 1991 were not serious or fatal. However, it is unknown whether or not they were related to truck traffic or not. ALTERNATIVES: 1. Amend Conditional Use Permit Resolution No. PC-661 by deleting Condition No. 8 . 2 . Uphold the decision of the Planning Commission and affirm the approval of Conditional Use Permit Resolution No. PC-661, subject to the eight conditions that were applied to the permit by the Planning Commission. 3 . Table the decision to allow the applicant or staff to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1, based upon the concerns raised by the Conklin Company and Shiely Company. ACTION REQUESTED: Offer Resolution No. CC-661, A Resolution Amending Conditional Use Permit Resolution No. PC-661 Granted to Bituminous Materials, Inc. to Operate a Hot-Mixed Asphalt Plant, and move its adoption. RESOLUTION NO. CC-661 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CONDITIONAL USE PERMIT RESOLUTION NO. PC-661 GRANTED TO BITUMINOUS MATERIALS, INC. TO OPERATE A HOT-MIXED ASPHALT PLANT. WHEREAS, Bituminous Materials, Inc. , applicant, and J.L. Shiely Company, owner, have filed an appeal to the City Council requesting the deletion of Condition No. 8 from Conditional Use Permit Resolution No. PC-661 dated June 10, 1993 , under the provisions of Chapter 11; WHEREAS, Bituminous Materials, Inc. , applicant, and J.L. Shiely Company, owner, filed an application dated May 10, 1993 , for a Conditional Use Permit under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11. 04, Subd. 6, to operate a hot-mixed asphalt plant; and WHEREAS, this parcel is presently zoned I-2 , Heavy Industrial; and WHEREAS, the property upon which the request was made is legally described as the: East 660' of the South 660' of the North 1/2 of the Northwest 1/4 of Section 11, Township 115 North, Range 22 West; and WHEREAS, notice was provided and on June 3 , 1993 , the Planning Commission conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, the Shakopee Planning Commission approved Conditional Use Permit Resolution No. PC-661, A Resolution of the City of Shakopee, Minnesota Granting a Conditional Use Permit to Bituminous Materials, Inc. to Operate a Hot-Mixed Asphalt Plant, subject to 8 conditions; WHEREAS, Bituminous Materials, Inc. , applicant, and J.L. Shiely Company, owner, have filed an appeal to the City Council requesting the deletion of Condition No. 8 from Conditional Use Permit Resolution No. PC-661 dated June 10, 1993 , under the provisions of Chapter 11; WHEREAS, the public hearing regarding aforementioned application for an Appeal of the Decision of the Planning Commission to the City Council was held at the July 6, 1993 , meeting, at which time it heard comments from the City Planner and invited members of the public to comment; and WHEREAS, upon hearing the advice and recommendation of the City Planner and upon considering the suggestions and objections raised in a public hearing duly held thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council grants the request to delete Condition No. 8 of Conditional Use Permit No. PC-661. Conditional Use Permit No. CC-661 is hereby GRANTED, subject to the following conditions: 1. The J.L. Shiely Company will provide the City with a copy of their access agreement for use of the NSP easement, and a copy of the lease for the 10 acre site which states that Bituminous Materials, Inc. has permission to use their haul road and the NSP easement for access to the site. 2 . The applicants shall control dust on the site and on the access road, as approved by the City Engineer. 3 . The plant shall utilize a bag house type of pollution control device. 4 . Flammable liquids on the site must be stored in accordance with Fire Codes. A copy of the safety data sheets and a list of emergency contact telephone numbers shall be provided to the Shakopee Fire Department. 5. The applicants must obtain all required permits from the Minnesota Pollution Control Agency and Scott County Environmental Health. The operation must comply with all environmental requirements, including the NPDES Permit, as per these governmental agencies. 6. The operation must not adversely affect the underground facilities utilized by Shakopee Public Utilities. 7 . If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. 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 EXHIBIT A June 10, 1993 Mr. Lindberg Ekola, Planner City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1351 SUBJECT: Appeal of Resolution #PU-661 Dear Mr. Ekola: Bituminous Materials Inc. (BMI) and the Shiely Company are appealing the terms of Condition #8 of Resolution #PU-661. This condition would require westbound asphalt truck traffic to use the service road which runs east/ west along the Chicago and North Western Railroad right-of-way to access T.H. 101 on Valley Park Drive. 4e feel this will impede our delivery efficiency. It will also increase dust and noise on the gravel service road for Conklin and Brambilla. This traffic pattern will also be a dangerous situation at the Shiely and Superior Minerals plant site. Access to the back road is via a very narrow and congested passage through the Superior Minerals plant. In this part of the plant there are frequently customer trucks, front end loaders, mine trucks and foot traffic. The use of this gravel service road will jeopardize the safety of BMI, Shiely Company and Superior Minerals Company employees. The proposed access to T.H. 101 is the private road which is currently the main access to the Shiely Company property. This road access is regulated by the Minnesota Highway Department Traffic controllers and is a rightful access to T.H. 101. There is good visibility in all directions. There is a wide median and there have been no accidents at this intersection. We feel the existing access will best serve all parties involved. Please call me and Bob Bieraugel with the appeal procedure and timing. Thank you. 4S' cerely yo s, ()Li-- .e.,.- Or ,/ Robert II Bieraugel John T. Heselton Environmental Affairs Manager Bituminous Materials Inc. EXHIBIT B RESOLUTION NO. PC-661 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO BITUMINOUS MATERIALS, INC. TO OPERATE A HOT-MIXED ASPHALT PLANT. WHEREAS, Bituminous Materials, Inc. , applicant, and J.L. Shiely Company, owner, have filed an application dated May 10, 1993 , for a Conditional Use Permit under the provisions of Chapter 11 , Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11 . 04 , Subd. 6 , to operate a hot-mixed asphalt plant; and WHEREAS, this parcel is presently zoned I-2 , Heavy Industrial ; and WHEREAS, the property upon which the request is being made is legally described as the: East 660 ' of the South 660' of the North 1/2 of the Northwest 1/4 of Section 11, Township 115 North, Range 22 West; and WHEREAS, notice was provided and on June 3 , 1993 , the Planning Commission conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit No. PC-661 is hereby GRANTED, subject to the following conditions: 1. The J.L. Shiely Company will provide the City with a copy of their access agreement for use of the NSP easement, and a copy of the lease for the 10 acre site which states that Bituminous Materials, Inc. has permission to use their haul road and the NSP easement for access to the site. 2 . The applicants shall control dust on the site and on the access road, as approved by the City Engineer. 3 . The plant shall utilize a bag house type of pollution control device. 4 . Flammable liquids on the site must be stored in accordance with Fire Codes . A copy of the safety data sheets and a list of emergency contact telephone numbers shall be provided to the Shakopee Fire Department. 5 . The applicants must obtain all required permits from the Minnesota Pollution Control Agency and Scott County Environmental Health. The operation must comply with all environmental requirements, including the NPDES Permit, as per these governmental agencies. 6. The operation must not adversely affect the underground facilities utilized by Shakopee Public Utilities. 7 . If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 8 . Westbound truck traffic from this activity shall use the service road and the signal light on Valley Park Drive, provided the Conklin Company concurs with the use of the service road. If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. Adopted by the Planning Commission of the City of Shakopee, Minnesota this 3rd day of June, 1993 . Chair of the Planning Commission ATTEST: City Planner EXHIBIT C 41111 Ar nem is El Y4 June 16. 1993 Terrie Sandbeck City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Dear Terrie: Thank you so much for providing me with the application by Bituminous Materials, Inc. (Resolution No: PC-661 and PC-628) requesting a conditional use permit to operate hot mix asphalt plant on the Shiely property on Highway 101. Conklin Company, Inc. is in full support of this conditional use permit with the exception of Article 8 which requires westbound truck traffic to use the service road on the north side of our property. The additional noise, dust and congestion caused by the volume of traffic BMI proposes creates an unnecessary safety hazard when viewed in conjunction with the chemical tanker traffic moving through our facility. If I can be of any further assistance, please do not hesitate to call. Sincerely, Steven L. Korte Vice President SLK/mk Conklin Company,Inc. P.O. Box 155 Shakopee. MN 55379 (612)445-6010 ATTACHMENT #1 June 3 , 1993 PC-661 Terrie Sandbeck, Asst. Planner Section 11. 04 , Subd. 6 Section 11. 33 , Subd. 3 The applicant is requesting a conditional use permit to operate a hot-mixed asphalt plant. The Shiely property on Hwy. 101. Bituminous Materials, Inc. Heavy Industrial (I-2) 10 acres No I-2 Heavy Industrial I-2 Heavy Industrial B-1 Highway Business I-2 Heavy Industrial CONSIDERATIONS: 1 . Bituminous Materials, Inc. of Faribault, MN has submitted an application for a Conditional Use Permit to operate a hot- mixed asphalt plant on a 10 acre site (660' x 660' ) owned by The Shiely Company. The site is zoned I-2 , Heavy Industrial. (See Exhibit A. ) 2 . Bituminous Materials, Inc. (BMI) is a bituminous paving contractor based in Faribault, Minnesota. BMI is proposing to locate a portable hot-mixed asphalt plant and aggregate stockpiles at the site. They would be producing, hauling, and laying hot-mixed asphalt cement for various road projects in the area. BMI intends to use the existing site through the 1993 and 1994 construction seasons. 3 . The applicants are proposing to operate the facility week-days from approximately 6: 00 A.M to 8 : 00 P.M. However, they will most likely operate less hours than these, and the amount of daylight hours will dictate their hours of operation. Some Saturday operation may be required a specific contract or situation warrants it. They are proposing to operate between August and November of 1993 , remove the facility and discontinue the operation during the winter months, and begin the operation once again in April of 1994 . At this time, they are proposing to discontinue this facility by July of 1994 . 4 . BMI anticipates the need for 4 full-time employees to operate the plant, and the need for between 10 and 12 truck drivers. The majority of the truck traffic would occur between their regular hours of operation, and each truck would make between 8 and 10 trips per day. The ten acre site would provide an adequate parking area for the four full-time employees. (See site plan on Exhibit B. ) 5. The applicants are proposing to provide portable toilets for their employees. No other utilities will be required at the site. If water is required, it will be obtained from the Shiely site. 6 . Additional permits currently exist, or have previously existed on the site. The first is a Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit for The Shiely Company, owners of the ten acre parcel and adjacent lands. This permit was issued in 1985. The second is a Conditional Use Permit for Hardrives, Inc. to operate a hot mix asphalt plant with structures in excess of 45' in height. This permit was issued in 1989 , and expired on March 24 , 1992 . The proposed BMI site covers the same ten acre site as the permit for Hardrives, Inc. The third permit is a Conditional Use Permit that was issued in January of 1992 to Cemstone Products Company to operate a ready mix concrete plant on the same ten acre site. Section 11. 04 , Subd. 6 (C) states that, "A Conditional Use Permit which is discontinued for six months shall be void. " The permit for Cemstone has expired as the operation has been discontinued for over a six month period. 7 . The applicants will be gaining access to the site by using the private drive belonging to Northern States Power Company. This private drive is located along the east edge of the Shiely property. If the Conditional Use Permit is approved, staff would recommend that a copy of the Shiely access agreement for use of the NSP easement, and a copy of the lease for the 10 acre site which states that Bituminous Materials, Inc. has permission to use their haul road and the NSP easement for access to the site be submitted. This was previously a requirement for the Conditional Use Permits for Cemstone Products Company and for Hardrives, Inc. 8 . According to the "Guide to the Rules of the Minnesota Environmental Review Program" , this proposal would not qualify for a mandatory Environmental Assessment Worksheet (EAW) . An EAW becomes mandatory if a new appropriation for commercial or industrial purposes of ground water averages 30, 000, 000 gallons per month. This proposal will not require water usage. However, the Planning Commission may recommend to the City Council that a discretionary EAW be prepared if it determines that the project may have the potential for significant environmental effects. 9 . Chemicals to be stored and utilized at the site include diesel fuel and asphalt. The applicants have an Air Emissions permit from the Minnesota Pollution Control Agency (MPCA) to burn waste oil for burner fuel to heat the aggregate. They will be using a bag house type of pollution control device which is 99 . 5% efficient. They are also requiring approval of the applicant's Stormwater Management Plan. This plan requires the construction of a berm around the tanks to contain any leakage that could occur. The MPCA performs pollution control testing on HMI' s equipment every 5 years, and the last testing was completed in 1991. In addition to this testing, they perform site inspections on a yearly basis. As of the writing of this staff report, comments from the MPCA regarding this proposal had not been received. 10. Scott County Environmental Health is currently in the process of reviewing the proposal. Additional information regarding their concerns will be provided at the June 3rd meeting of the Planning Commission. 11. The Department of Natural Resources, (DNR) Division of Waters has recommended approval of this proposal, and have stated that no wetland impacts are anticipated. 12 . Although no electrical service to the site would be required by the applicant, Shakopee Public Utilities (SPUC) utilizes underground facilities in the driveway area of the site. SPUC has recommended approval of the permit. However, the underground facilities will be required to be protected to their satisfaction. 13 . The Building Department has commented that the applicant must comply with the following: 1) MPCA requirements regarding above ground storage tanks; 2) Scott County Environmental Health requirements for hazardous waste generators; and 3) provide a control plan for the stockpiling of recycled pavement. 14 . Any flammable liquid on the site must be stored in accordance with Fire Codes. A condition has been recommended that a copy of the safety data sheets and a list of contact telephone numbers, in case of an emergency at the site, be provided to the Fire Department. 15. All City departments that have reviewed the proposal have recommended approval of this Conditional Use Permit. 16. Staff has received no opposition to the Conditional Use Permit request. FINDINGS: Criteria #1 That the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. FINDING #1 Staff has received no indication that the Conditional Use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish property values within the immediate vicinity. Criteria #2 That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. FINDING #2 The Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property. The subject site and the surrounding property has been designated for industrial uses in the City's draft Comprehensive Plan. Criteria #3 That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. FINDING #3 There exists adequate access roads, drainage and other necessary facilities to serve this use. There are two access routes to the proposed site. Criteria #4 That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. FINDING #4 Sufficient area for off-street parking and loading currently exist on the ten acre site. Criteria #5 That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. FINDING #5 Adequate measures will be taken to control dust and noise. Signage, if requested, will be regulated through the sign permit process by Section 4 . 30, Subd. 4 (D) , of the Shakopee City Code. Criteria #6 The use, in the opinion of the Council , is reasonably related to the overall needs of the City and to the existing land use. FINDING #6 The use is a reasonable one for this property and its surrounding land uses. The use is consistent with the area' s Land Use designation in their draft Comprehensive Plan. Criteria #7 The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to located the proposed use. FINDING #7 The proposed use of the property is an appropriate one within the I-2 Zoning District. Criteria #8 The use is not in conflict with the Comprehensive Plan of the City. FINDING #8 The use is not in conflict with the Comprehensive Plan of the City. Criteria #9 The use will not cause traffic hazard or congestion. FINDING #9 The majority of the truck traffic will be confined to private land and Highway 101, a major arterial. Criteria #10 Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. FINDING #10 Existing businesses nearby will not be adversely affected. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit Resolution No. 661, allowing the applicant to operate a hot-mixed asphalt plant on a ten acre site owned by the J.L. Shiely Company, subject to the following conditions: 1. The J.L. Shiely Company will provide the City with a copy of their access agreement for use of the NSP easement, and a copy of the lease for the 10 acre site which states that Bituminous Materials, Inc. has permission to use their haul road and the NSP easement for access to the site. 2 . The applicants shall control dust on the site and on the access road, as approved by the City Engineer. 3 . The plant shall utilize a bag house type of pollution control device. 4 . Flammable liquids on the site must be stored in accordance with Fire Codes. A copy of the safety data sheets and a list of emergency contact telephone numbers shall be provided to the Shakopee Fire Department. 5 . The applicants must obtain all required permits from the Minnesota Pollution Control Agency and Scott County Environmental Health. The operation must comply with all environmental requirements, including the NPDES Permit, as per these governmental agencies. 6 . The operation must not adversely affect the underground facilities utilized by Shakopee Public Utilities. 7 . If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. ACTION REQUESTED: Offer Resolution No. PC-661, A Resolution Granting a Conditional Use Permit to Bituminous Materials, Inc. to Operate a Hot-Mixed Asphalt Plant, and move its adoption. EXHIBIT A • --- ---- - _ . ARE ON MAPS ON FILE IN THE OFFICE OF -1<. CITY OF SHAKOPEE. - - ------, -•' - -.. , ,-..... • AG -, , . 12,-------. . ......„ - , : ............ ,..... .••• s. , ,__ -.., ._.,..• -,_ i- V.I.1 EY F.,1e, - - „..,• -_,_ ------- -•-... PA.71, r-f-:".•.,..";.„....1.....:-•-••....•---...„..--__----:-.„......'"••••...,............._... Bi P:r,.7;,, ..z-...""..1,........ "....,:-,..........„ . '''' AG • . . ....• .. i . ,.. ,. .....,. ....,.._ ----....-. _, ! ; .. ''.'..".----....3t-;..;,.., ''''''- - r.,,,,---.. _,_, ---_,....L..! . .... _.. "-'....__.°_. . .___.__, _. : - ... " --: ....-.....,,,-- , l- ------,_ oz. -„. -.. I I'. '--- \ ., 1 k B 1.. s-..-....,..............., .". . B.1 — ...,----,_ 1 i; . s • , 2,..„. 4,---..... .4 .,.. : -.... 12 " ..:,.. . , .......„ ,_ . ,. _ SUBJECT SITE >-,,- _ _ _ _ ; 1 / • i• I _..,.., . - . . . . . 1 . 1 •-•- Avtkiji. I ! a : s, . t• — —— . ...... AG AGRICULTURE - • -- ; i 1 ,-... R1 RURAL RESIDENTIAL ---__ R2 URBAN RESIDENTIAL . R3 MID-DENSITY RES. -' •:,- R4 MULTI FAMILY RES. • B 1 HIGHWAY BUSINESS - - . -_ -__ -.. . B2 COMMUNITY BUSINESS • B3 CENTRAL BUSINESS -. • . . I 1 LIGHT INDUSTRIAL ._ i 12 HEAVY INDUSTRIAL . 1 - S SHORELAND •% ., .:. =5 -..... . ... FLOODPLAIN DISTRICT I.' --. - ,.......,.....,... _ ...-.. MANDATORY PUD RTD RACETRACK DISTRI9T1 . --____ _ •'- Zoning Map City of SHAKOPEE I _____. -,, . .. - ii § 11 1 Ir, I �_ �_Ar1K onrv"� �J n _� f sy iisr I I. 1 ;(I 5. to i A �� _- n3 :i J v v is i — �/ z AI .1i l t �, . A i' >> ,1 p.3r.,`Qt R. ttI.- o.:",a 1 ..•1 50-1:',1;:,.:'', , ,I { ../.:1:1:1::::, __-'�ht.,I .ef<S_^_�; �:a i�i�'S:;4f�t:,r'.:�ei�t,��• . •-•_____ i j 3 /4 / • (-- jjrIti ?jvu • M. I i- • • l S A c/ c = i;.}.,,: . ...1.. •I 1 .. t. !. LIII :.: ...............:,..,ril ___ r-), r- i :••'..• ....• ,....,,0:;.'!:.,!.;'•-..',.:,,,'/:;;,:!-•.:.,-_,.. - f /,, 1.,, i ` .3:‘•::.1.2•11;4;:j11,1:'. 'r 7.'-4 1 •``•-• {•/ '' },'''•• f u1N© S_ i. >oy t 7— r�o 0 Y. ol -. 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L7 L. 56/, /i/- lam,-,--794 i1- 2 X9"73 //ate -�7�;{eGiv �SO`'?�E�>� /94.,, T' /10 / 5#1 //...,-1.,- /,--le . ii -/4 5.7.-. 2,.�/, 1,, 55708 l,2a, MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Conditional Use Permit No. PC-593 : Terminal Transport DATE: June 30, 1993 INTRODUCTION: On May 9, 1992 , the Shakopee Planning Commission granted Conditional Use Permit Resolution No. PC-593 (Renewal) to approve the renewal of a Conditional Use Permit to Allow Outdoor Storage of Transportation Equipment on a 3 .9 acre site owned by Viking Steel Products, Inc. The permit was approved, subject to the conditions listed below. Condition No. 1 of the permit requires an annual review of the permit. During the annual review of this permit at their June 3 , 1993 , meeting, the Planning Commission recommended the revocation of this permit if compliance with the conditions of the permit was not achieved by the July 6, meeting of the City Council. BACKGROUND: Terminal Transport provides commercial carrier services for Anchor Glass Container located near the intersection of Highway 101 and 4th Avenue. The applicant is leasing the site on a long term basis from Ray Peterson of Viking Steel Products, Inc. The subject site is the south 3 .9 aces of the 8 acre Peterson property. The applicant has been parking approximately 40-50 trailers on this property. These trailers are made available to Anchor Glass for their daily shipping. The shipping hours are between 8: 00 A.M. and 11: 00 P.M, Monday through Friday. There are between 25 and 30 trips per day between the holding yard and the plant. The purpose of this use is to control the flow of truck traffic going to the Anchor Glass Container plant. Truck traffic begins to build at 3 : 00 to 4 : 00 P.M. and peaks around 8 : 00 to 9 : 00 P.M. Some congestion at the intersection of Highway 101 and County Road 83 is created by the trucks going to the Anchor Glass site. Trucks coming from Anchor Glass to the lot use 4th Avenue. Trucks going from the lot to Anchor Glass go north on Viking Steel Road to Highway 101. Weight restrictions on 4th Avenue during the spring (between mid-March and mid-May) require the applicant to abide by the restrictions placed on that road and the trucks must use Highway 101 to Viking Steel Road for trips both to and from the lot. DISCUSSION: The Planning Commission scheduled the annual review of Conditional Use Permit Resolution No. PC-593 (Renewal) for the May 6, 1993, meeting. However, the Commission tabled this review to the June 3rd meeting to allow the applicant further opportunity to comply with Conditions No. 3 , 4, and 8 of the permit. These conditions require the applicant to do the following: 1. To expand their dust control program to include Viking Steel Road; to provide the City with documentation of the application of Calcium Chloride after each application; and to submit a revised Dust Control Plan. 2 . To install a 25' bituminous approach to 4th Avenue on Viking Steel Road. 3 . To install a satellite facility on the site. On May 10, 1993 , Staff sent a letter to Mr. Brent M. Coatney, President of Terminal Transport, and relayed to him the importance of compliance with these three conditions. Staff received a letter dated May 15, 1993 , from Mr. Coatney stating that they are in the process of complying with the above mentioned conditions. He stated that they were taking bids for a portable toilet facility and they estimated that such a facility should be installed on the site within the next few weeks. Mr. Coatney also stated that he will be getting in touch with the appropriate officials regarding the installation of the 25' bituminous approach from Viking Steel Road to 4th Avenue; and will be meeting with the dust control applicator to discuss extending the spreading of Calcium Chloride to Viking Steel Road. However, Mr. Coatney stated that, with vacations and the Memorial Holiday coming up, he may not be able to accomplish these tasks by the June 3 , 1993 , meeting of the Planning Commission, and requested an additional 30 days to meet the requirements of these three conditions. At their meeting on June 3 , 1993 , the Planning Commission recommended that the City Council revoke Conditional Use Permit No. PC-593 (Renewal) if compliance with the conditions of the permit were not achieved by the July 6, 1993 , meeting of the City Council. On June 4 , 1993 , City staff sent a letter to Mr. Coatney to inform him of the Planning Commission's recommendation to the City Council. Staff will once again be inspecting the site and will be relaying updated information to the City Council at their July 6th meeting. Effective June 1, 1993 , Anchor Glass discontinued their spotting service operation with Terminal Transport. Anchor Glass would like to continue using this site for their shuttle service between the Anchor Glass plant and Bloomington. The Light Industrial (I-1) Zoning District lists the storage of transportation equipment as a Conditional Use. Since this proposal would have less of an impact on adjacent properties than Terminal Transport, and the applicant is proposing that some of the conditions imposed upon the existing operation not be required, the proposed use would require a new Conditional Use Permit. ALTERNATIVES: 1. Revoke Conditional Use Permit No. PC-593 (Renewal) . 2 . Table the decision to allow staff or the applicant to present additional information. 3 . Find the operation in compliance with the conditions of the permit and approve the annual review. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1, if compliance with the conditions of the permit are not achieved by the July 6, 1993 , meeting of the City Council. ACTION REQUESTED: If the City Council concurs with the recommendation of the Planning Commission, the Action Requested would be to offer a motion to direct staff to prepare the appropriate resolution revoking Conditional Use Permit No. PC-593 (Renewal) , and move its approval. ib MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Request For An Amendment to Section 11. 32 , Subd. 3 , Conditional Uses Within The Light Industrial (I-1) Zoning District From Universal Forest Products DATE: July 2 , 1993 INTRODUCTION: At the June 15, 1993 meeting, the Shakopee City Council tabled the decision on the amendment to the Zoning Ordinance which would allow wood preservation facilities as a conditional use in the Light Industrial (I-i) District. BACKGROUND: At their meeting on June 3 , 1993 , the Planning Commission recommended to the City Council denial of the proposed text amendment request from Universal Forest Products. DISCUSSION: The purpose of the Light Industrial (I-1) District is to serve as a transition between the more intense, heavy industrial sites and residential and business land uses. Land uses other than intense manufacturing and processing are permitted, including warehousing and office uses. The approval of this text amendment request could allow wood preservation facilities to operate as a conditional use in all of the City's I-1 zoned properties. Exhibit A illustrates the location of all I-1 zoned properties in the City. The purpose of the Heavy Industrial (I-2) district is to provide appropriate areas in the community for more intense manufacturing and processing operations. In the I-2 district, the City and the development community have planned and/or constructed the appropriate infrastructure such as water, sewer, rail, and trucks/transportation facilities to support these heavy industrial uses. The entire Zoning Ordinance is presently under revision. Any text amendment should be made cautiously, since it may result in creating an incompatible and non-conforming use once the new Zoning Ordinance is adopted. Exhibit B is a copy of the applicant's cover letter and description of the wood preservation facility. This exhibit provides additional information on the proposed operation. The existing Universal Forest Product site covers 16.9 acres. Based on the site plan submitted with the original zoning application, the proposed wood preservation processing facility and storage areas would cover approximately 8 . 5 acres . (See Exhibit C. ) The treatment building proposed with the rezoning request would be approximately 20, 000 square feet (120' x 160' ) . If the storage of treated wood products were to occur on the site indoors, a larger building would be needed. A kiln operation is also 1 proposed for the treatment process and would likely need to be housed within a building. Access to rail and truck transportation systems are high priorities in terms of location for the applicant's existing wholesale operation as well as the proposed wood preservation facility. The proposed wood treatment facility recycles the chemicals used in the treatment process and would not need to be drained into a sewer system. Only domestic sewer is needed for their business operation. Water consumption can be adequately supplied by a private well or City water. There are several vacant appropriately zoned I-2 properties in the City for the proposed use. Rail access and other infrastructure necessary for industrial uses are available at many of these vacant parcels. The I-2 properties are appropriately located away from the existing and planned residential areas of the community. ALTERNATIVES: 1. Deny the text amendment request. 2 . Direct staff to prepare an ordinance which allows wood preservation as a conditional use in the I-2 district. 3 . Direct staff to assist Universal Forest Products in identifying appropriately zoning sites for the proposed wood preservation treatment facility. 4 . Table the decision and request specific additional information to be supplied by the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends alternative #1. ACTION REQUESTED: 1. Offer a motion to direct staff to prepare the appropriate ordinance amendment, amending Section 11. 32, Light Industrial (I-1) Zoning District to include wood preservation facilities as a conditional use; and 2 . If the City Council wishes to be consistent with the recommendation of the Planning Commission, vote against the motion. 3 . Offer a motion to direct staff to assist Universal Forest Products in identifying appropriately zoned sites for the proposed wood treatment facility. 2 1 Universal Forest Products, Inc Wood Preserving Plant Shakopee, MN EXISTING OPERATI ONS ON TEE SrrE Our operation already involves the wholesaling of treated and untreated lumber, timbers, and 1 specialty product manufactured from wood, phis a few other building materials We do not sell to the public; all our produces, usually in truckload quantities, are distributed to home improvement centers, lumber yards, wholesalers, or the industrial trade. We operate a private rail siding on this site, and much of our incoming raw material arrives that way. The balance is trucked in, mainly from lumber mils. REASON FOR EXPANSION We plan to increase our sales volume with a treamient facility. Customers prefer to buy from the company treating the wood because of warrantee and service. We wish to become a complete supplier to our customer base. We plan to grow within our market area with all the products we have, as well as new products we choose to add in time. The majority of wood shipped from our facility in Shakopee is delivered within a 50 mile radius. Dakota Scow Carver, and Washington Counties are the faste_s` growing communities in the State of Minnesota Due to the weight of treated wood, it is imperative that facilities be strategically placed respective to their market areas to keep costs dawn, thereby keeping the product as competitively priced as possible. Shakopee is a perfect location for such a facility. Approximately 15 people are currently employed, and we expect this to grow to about 30 with the addition of a wood treating and drying operation. PLANNED WOOD PRESERVING ACTIVITY We plan to operate a wood preserving plant on the unused portion of our property. This will involve the single class of preservative, CCA type C. In the form used, the preservative is an aqueous solution of the oxides of chromium (VI), copper (II). and arsenic (V). An approximately 50% concentrate of this material in water will be delivered to the site by road tanker. In use, it\PITT. be diluted with water to 1% to 2% solution by weight for imprecation into wood, using a vacuum and pressure process Once in the wood, the preservative reacts with the cellulosic components in such a way that the three metallic oxides become water insoluble or "fixed". When the fixation process is complete, the wood will resist decay by fungi or terrn.ites virtually indefinitely. CCA treated wood is generally accepted as having at least 10 times the life expec-ancv of the same items untreated, and this is attributed to the extremely insoluble state of the preservative after reaction with the wood components. The entire process of application of preservative to the wood, and conditioning of the wood while fixation takes place, will be carried out in one building of approximately' 20,000 square feet Our g—±;) established treating practices ensure no discharge of treating chemicals from the building in either Shakopee Report Page 2 solid, liquid, or gas form. All washdown water and any drips from the freshly treated material, etc., are collected and reused in the process. The entire building will be enclosed, with insulation and heating to maintain a suitable working temperature in cold weather. During our years in wood preservation, we have developed our own company standards of construction and operation. and these are described in the short video "First Class Treatment", a copy of which is enclosed with this letter. Some members of the Planning Department in City Council have already viewed this, but I hope others may do so, and thereby get an appreciation for our attention to detail and commitment to safety. The building enclosing the treatment operation will have steel framework and coated steel roof and siding. The foundation of the building is an integrated design with the tank storage areas, floors. curbs, etc.,steel reinforced concrete.with very careful attention paid to joint design. The plastic liner which extends below the whole area of the concrete will be of high density polyethylene (HDPE) or laminated polyvinyl chloride (PVC). DRY KILN A second building will house a kiln to dry some of the treated wood, making it suitable for permanent wood foundations under buildings, and for other indoor purposes where a low moisture content is required. This building will probably be constructed of sheet steel on a steel framework and a concrete base. Although not firmly decided yet, the kiln will probably be of the dehumidifier type, using electrical power to drive an air refrigeration unit, and a gas fired burner to supply the additional heat needed in the drying process. The kiln drying process, Ile the wood preserving process, will not produce any airborne emissions of a ha77rdous nature. During drying processes, sometimes condensation of water occurs any condensate will be returned to the treating plant to be used as makeup water. FUEL, T NNS There is an unusual 10,000 gallon fuel tank on the premises that is empty and is for sale. It has a 4' high gravel dike built around it, put in place about 1983, and we believe it is on a concrete pad. The ground around the tank is asphalt We also have a 1000 gallon LP tank, a 500 gallon diesel fuel tank, and a 250 gallon gasoline tank all of which are above the ground, and in use. We have no underground tanks on our property. GOVERNMENT REGULATIONS TO BE SA'IISFILO The Federal Government now has a design requirement for wood treating operations. This includes the integrity of the containment systems and isolation of stormwater from the treatment process. Shakopee Report Page 3 We intend to fully comply with these Federal regulations, which were finally published December 24, 1992., and take effect either June 24, 1993, or when adopted by an authorized state. In our earliest discussions with the Minnesota Department of Trade and Economic Development, we inquired about state permits needed for such an operation. Because of the type of process, we believe that the only permit required will cover stormwater discharged from the site, and we propose applying for an NPDES Permit for this. As with our present operations, we will be anxious to liaise with the local Fire Department and the Environmental Quality Board to formulate and modify the emergency plans which are an essential component at each of our facilities HAZARDOUS WASTE A very small annual quantity of hazardous waste will be generated at this plant in the form of sludge (mainly dust coming from the yard), which collects at the foot of tanks, etc. Before starting operations, we will acquire an EPA registration number for this waste generation. The waste will be removed from the site by our chemical suppliers,who operate licensed ha7nrdous waste vehicles, and the final destination of this material, after stbilization. will be an approved hazardous waste landfill We do not anticipate generating more than three or four 55 gallon drums of waste each year, and all of it will be properly manifested to EPA requirements. We enclose a table showing the location of Universal Forest Products' ten existing wood treating plant, with local government contact. CONTINGENCY AIS EMERGENCY PLANS Over the years, the company has developed procedures to be adopted during an emergency such _ _ as a fire, chemical spill, and other unlikely but possible eventualities. Using a common format, a site specific contingency plan and emergency cleanup plan is drawn up, discussed with local emergency teams, and tested by mock emergency training. Emergency numbers are posted by telephones, and all our wood treating crews have access to a telephone in an emergency at any hour of the day or night In addition, we install high water alarm systems which automatically call local management if there is any significant water buildup in a containment pit by calling them at home. An additional call is made to a 24 hour answering service at our corporate office. 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I ..;..i, 11) •.., .. \ ') ../ !) t-i i . !,..:•••• „ . ,%; N.. r i...1p.:1 .1. • ki‘ ' „.., ; ..„....,..,...:,..., .. .t., 4 :,:, v.,,i,. ...i ._,, ,.. . . , .i ., ,. .. . ...,,,,_ . .,• _..4 ..... . \: • 12)------!--ri: • x ‘ . .....• J-- ks. • : . .:•••••,•••,. , Ir,z(h...iiilk,• .ir . . • V7-1 ' I, i ) : . . , • •••:-. ' i \ • co • — • • • - •- -•• • . E HIBIT B March 16, 1993 UNIVERSAL Mr. Lindberg S. Ekcla City of Shakopee FOREST 129 South Holmes Street PRODUCTS Shakopee, M 55379 1570 East mgnway 101 RE: Text Amendment' SeakoDee. MN 55379 Teiednone (612)496-3080 A nationwioe network of Dear Mr. Ekola: building material distribution centers. manufacturing We are writing to request that you consider amending the facilities ane woos treatment code for light Industrial (I-1) to allow us a conditional otants serving me housing. tDTmercial and industrial use for a wood preservation facility. ntarxets In our continuing e__,._. ,o grow we feel that a wood preservation facility is needed. We presently wholesale treated wood as a part of our product line and have the wood processed off site. Our company has extensive experience in the process thereby making our building a facility to process the wood on our property a natural progression. We enjoy our location in Shakopee and choose to stay here. We feel that we are a good neighbor now and wish to continue that posture. As you know, the land that we wish to use is presently undeveloped. The enclosed information is for your review. We are available at anytime to answer questions about our company or the proposed facility itself. Very truly yours, UNIVERSAL FOREST PRODUCTS 41A-P-o6). 6-11j; J mes W. Scheible General Manager of Operations cc: Allen Frechette, Scott County Environmental Health A JWS/vmk Iiii Universal Company • ' r • :j: \ • / / II 8 „, \ r i•. 1 ........7.• ''-• ,i I.i: �':;: 1 i t •I ,� 2 ,1 1 Vt l ,- 1 %1�� • At Z14, —I t h? ” • I • r,r. N ,, :I.' •,ill,' `',• ', `T l;,f:;,. ' •I e' O .4I I .•,it i a;!:,,.....,,Imo 1‘[.lj,2► ,}r"' •�i� �'r ! '-i•'�` ;..I t'I :L Y;ti_ 'I ':sn: j'.z''1::It l i+ l :�. _ •' C.) I{ ..,' ,r-i.11.. 1 { i ': •.f ' 1t111�'- 1rr .i. . I: . . , 1. l i =., : ;t: .,1 r• is 44 . I(t it - .F •. Ii. 9 : 1 'AI, .:....•,� tyl ,111 -1.1 .11.1 •...,r ‘11•11;.F11: /1. '1;11t p�aV.'.%uy C., b, 1 - �i C= Pna, ran?: o yArk \I -f?..•;.; pi.;f 1.ak;,...-- ii-c. \\..ir, ,,,,,,. ., . q /N.—A n37 '. r .R- ..CCCClI•,r I°,. ems: l 4 `lT.` I i'''"'" i:1 NI .1 t.• c } r i 0 - c a m p J d 2 a -V ;•'''''. I•. 4 , A ! ,,, ,Ns.. . , „ . , 0: „. „ ., . .. • • ,.....,..„:........,: ., , A 1 iii ?41.�'2 '_a 1 ,-Jf ,� ajj. jai}'9�"� v 1.• 1• I •' I :tills ','�$Firfc:j��•t'' '� / '''.11y �i�,f l, 4r�/ -�: ...w,t .�74,... .. •�a �1, ••. Ir; E h II ' • {3r. • 3 5ra1 i 2) & . ;:. '1 1 \ f \ N Ili: ' 1 MATCH \ ! . '-'"- • H MINEtt t y CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Rate Regulation Issues DATE: June 30, 1993 INTRODUCTION: The 1992 Cable Act provides cable franchise authorities with the ability to regulate rates and impose new customer service standards. The 1992 Cable Act identified the Federal Communications Commission (FCC) as the body to develop rules and regulations relating to rate regulation and customer service standards . On June 21, 1993 the Shakopee Cable Communications Advisory Commission discussed this issue and is recommending that the City maintain the status quo in terms of rate regulation and customer service standards . BACKGROUND: On June 15, 1993 I received a correspondence from Moss and Barnett indicating that the FCC has extended their effective date of cable rate regulation until October 1, 1993 . (See attachment #1) Shown in attachment #2 is an executive summary regarding rate regulation. Note that the summary indicates that franchising authorities are not entitled to regulate the rates charged for services outside of the basic tier. The basic tier of service includes all PEG access channels, over the air broadcast stations and any other stations which the operator chooses to add. Fees for channels outside of the basic tier may be deemed unreasonable upon submittal of a "complaint" to the FCC. The FCC will then review, on a case by case basis, whether the rates charged for the other cable programming services are unreasonable under a bench mark formula to be established by the FCC. Upon reviewing the attached information you will soon discover that the procedures for regulating rates is somewhat onerous. Staff believes it would require approximately 20% of the Assistant City Administrator' s time over a six month period to complete the rate regulation and customer service standards process. Cost estimates for consultant services to complete the FCC procedures for rate regulation equate to approximately $10, 000 . 00 . On June 21, 1993 the Cable Commission discussed whether or not they believed it was in the best interest of the City to get involved in rate regulation. The Cable Commission felt that since cable television service is a non-essential service, the City should not attempt to regulate rates. The Commission also felt that competition from Direct Broadcast Satellite (DBS) programming as well as the potential for telephone companies to enter the industry in a relatively short time frame, will dictate the appropriate level for cable television rates . The other point considered by the Commission was the amount of staff time that would be needed to complete all of the appropriate procedures to establish rate regulation. The Commission believed that if the City attempted to regulate rates the end result would not be worth the amount of time spent . Furthermore, the Commission noted that if we selected to embark on the rate regulation process, we may discover that the cable rates currently charged in Shakopee may not be unreasonable in the eyes of the FCC. The second area of regulation discussed by the Commission related to customer service standards. Generally, the Cable Commission felt that the cable company in Shakopee was very responsive in terms of dealing with customer service issues . Once again, the Commission noted that the process established to enforce customer service standards was excessive and not worth the time to consider given the performance of our current provider. Since the issue of rate regulation and customer service standards are policy issues, the Cable Commission is recommending to City Council that the City maintain the status quo. ALTERNATIVES: 1 . Move that the City maintain the status quo in terms of it' s cable franchise ordinance and not regulate rates and/or customer service standards . 2 . Move that the appropriate City officials prepare an amendment to the Cable Franchise Ordinance providing the City with the ability to regulate rates and implement customer service standards consistent with FCC rules and regulations . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move that the City maintain the status quo in terms of it' s cable franchise ordinance and not regulate rates and/or customer service standards. BAS/tiv 441LlutiJw 1— ; ( LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION HERMAN J.RATELLE ROBERT J.LUKES 4800 NORWEST CENTER PETER A.KOLLER NANCY M.KISKIS PATRICK F.FLAHERTY J.MICHAEL HIRSCH RICHARD J.KELBER HEIDI A.SCHNEIDER WAYNE A.VANDER VORT EDWARD J.BLOMME 90 SOUTH SEVENTH STREET STEVEN Z.KAPLAN CHARLES E.JONES DONALD E.WIESE MARGO S.STRUTHERS NICK HAY BRIAN T.GROGAN HOWARD S.COX ANN K.NEWHALL MINNEAPOLIS, MINNESOTA 55402-4129 JEANNE K.STRETCH CORY LARSEN BETTENGA PAUL VAN VALKENBURG MICHAEL J.AHERN REESE E.CHEZICK JEANNE-MARIE ALMONOR MICHAEL L.FLANAGAN MAHER J.WEINSTEIN TELEPHONE (612) 347.0300 LAURA J.MCKNIGHT DANIEL P.DAMOND W.SCOT!'HERZOG PHILIP GAINSLEY BARBARA JEAN D'AQUILA MARGARET K.LAHAMMER WAYNE A.HERGOTT JEFFREY L.WATSON TELECOPIER (612) 339-6686 ELIZABETH A.SNELSON JAMES E.O'BRIEN THOMAS J.SHROYER SUSAN C.RHODE JOHN P.STONE DALE M.WAGNER M.CECILIA RAY PAUL G.NBIMANN BARBARA G.STUART THOMAS M.HUGHES EDWARD L.WINER DAVID P.JENDRZEJEK PAUL T.EIDSNESS ADRIAN E.HERBST DANIEL J.GOLDBERG DANIEL R.SUNDELL RETIRED WILLIAM N.KOSTER CURTIS D.SMITH JOSEPH R.KLEIN J.BRAINERD CLARKSON WIWAM A.HAUG DAVE P.SENGER DAVID M.HENRY FREMONT C.FLETCHER CHARLES A.PARSONS.JR. LOUIS).SPELTZ JENNIFER A.BROOKS VERNE W.MOSS PHILIP A.PPAPPLY MITCHELL H.COX WRITER'S DIRECT DIAL NUMBER ANN M.MEYER JAMES H.HENNESSY RICHARD J.JOHNSON MICHAEL J.BRADLEY VINCENT J.FAHNLANDER STANLEY R.STASEL June 14, 1993 SPECIAL ALERT REGARDING CABLE TELEVISION On June 11, 1994, Federal C'nr.,m,nirata0,,s Crommissi0_r,. Charman James M. Quello, issued the following statement: The FCC today is issuing a Public Notice announcing the deferral of the effective date of cable rate regulation until October 1, 1993. The cable rate freeze will also be extended. This extended date is necessary to provide time for the FCC to complete the detailed administrative processes and to plan for additional resources when supplementary funding is finalized. It will also allow time for the FCC to act on numerous requests for reconsideration and to establish cost-of-service standards. The Commission will soon issue a Further Notice of Proposed Rule Making to establish cost-of-service standards. The deferred date will also provide operators, particularly small systems, time to adjust to the new regulatory requirements. At the present time, we have no further information regarding this public notice. It appears, however, that the original effective date for rate regulation, June 21, 1993, has now been deferred to October 1, 1993. Although the cable rate freeze (due to expire on August 3, 1993) has been extended, no definite date was provided in the Chairman's statement. Should you have further questions regarding this matter, please do not hesitate to contact Brian T. Grogan, 612-347-0340. CUSTOMER SERVICE STANDARDS The FCC's new customer service standards (adopted March 11, released April 7, 1993) become effective July 1, 1993. However, franchising authorities cannot enforce the FCC's new customer service standards, unless they provide their cable operators 90 days advance written notice. Such notice should be sent via Certified Mail, Return Receipt Requested. Despite the fact the standards become effective July 1st, the 90-day notification can be sent out any time following the April 7th release date. Please contact Adrian E. Herbst or Brian T. Grogan for additional information regarding these standards. 679Z140 MOSS & BARNETT A PROFESSIONAL ASSOCIATION EXECUTIVE SUMMARY REGARDING RATE REGULATION The confusion began on May 3, 1993, when the FCC released its 522-page Report and Order regarding rate regulation. Since that time, municipalities and cable operators across the country have attempted to wade through the complicated and confusing formulas contained within the FCC' s new rate regulations . Many of the country' s largest multiple system operators have had teams of economists and accountants working literally around the clock in an attempt to determine the impact of these new regulations on their bottom line. Two weeks after the regulations have been released, few, if any, operators have yet to understand what the ultimate impact will be for their system. We have attempted to summarize the salient provisions of the 522-page Report and Order and include this summary herein as Attachment B. However, even this summary extends over 20 pages and can be quite confusing given the complexity of the regulations . We have, therefore, prepared this brief overview and the enclosed "Rate Regulation Checklist" (included as Attachment A) in an attempt to provide the Commission with a very brief outline of the key issues regarding implementation of the regulations and tasks which you must undertake should you desire to regulate rates . A threshold distinction in this rate regulation scheme is the application of the FCC' s regulations to the "basic cable service tier" as opposed to "other cable programming services . " Franchising authorities have the right to regulate rates for only the basic cable service tier. This is the tier that includes all PEG access channels, essentially all over-the-air broadcast stations (including must-carry stations) , and any other stations which the operator chooses to add. Franchising authorities are not entitled to regulate the rates charged for other cable programming services. Rather, subscribers, the franchising authority, or other governmental entities may issue a "complaint" to the FCC that these rates are unreasonable. The FCC will review, on a case-by-case basis, whether the rates charged for these other cable programming services are unreasonable under the benchmark formula they have established. Other cable programming services consist of almost everything offered over the cable system except the basic cable service tier and pay-per-view or pay-per-program services . The Commission, as franchising authority, has an obligation to assist subscribers who wish to issue a complaint to the FCC, but the Commission is not required to join the complaint unless it so chooses . The first hurdle which must be crossed by the Commission when seeking to regulate the rates for basic cable service is to determine whether the system is subject to "effective competition. " Under the new definition for effective competition, the vast majority of systems across the United States will not be subject to effective competition. For purposes of this summary, we will, therefore, assume the absence of effective competition. Franchising authorities which desire to regulate the rates for basic cable service will then essentially be required to: 1. Submit a certification form to the FCC; 2. Adopt regulations consistent with the FCC' s rate standards; 3 . Notify the cable operator that it desires to regulate rates; 4 . Review the cable operator ' s rates and determine whether they meet the FCC' s benchmark formula; and 5 . Review future rate increases as they arise. Please note that regulation of the basic cable service tier also includes regulation of the rates for equipment necessary to offer the basic cable service tier including remote controls, converters, additional outlets, as well as home wiring and installation. It is important to note that if a franchising authority attempts to regulate the rates of an operator ' s basic cable service tier, it is possible for the operator to require a "cost-of-service proceeding" should the operator be dissatisfied with the decision of the franchising authority. These proceedings can be quite complex and oftentimes expensive as expert assistance will, in all likelihood, be necessary. Due to the bulk of the Report and Order and all of the forms attached thereto, we did not include actual copies of these materials for your review. The FCC forms and benchmark rates are available to any interested Commissioners upon request. Attachment A includes a Rate Regulation Checklist which provides the key dates and timing for the various phases of the rate regulation process . 661Z140 -2- MOSS & B A R N E T T ATTACHMENT A A PROFESSIONAL ASSOGATION RATE REGULATION CHECKLIST BASIC TIER 1 . JUNE 21 , 1993: - CITIES MAY SEEK CERTIFICATION • SUBMIT FORM 323 TO FCC • SEND VIA REGISTERED MAIL, RETURN RECEIPT REQUESTED • PROVIDE CABLE OPERATOR WITH A COPY - THERE IS NO DEADLINE TO SEEK CERTIFICATION 2. CERTIFICATION EFFECTIVE WITHIN 30 DAYS: - UNLESS FCC FINDS PROBLEM • IF SO, CITY MAY REFILE 3. WITHIN 120 DAYS OF CERTIFICATION: - CITIES MUST ADOPT REGULATIONS CONSISTENT WITH FCC'S • MAY BE BY ORDINANCE AMENDMENT OR SEPARATE ORDINANCE 4. OPERATORS HAVE 30 DAYS FROM GRANT OF CERTIFICATION: - TO SEEK RECONSIDERATION BY FCC 5. OPERATORS MAY, AT ANY TIME, PETITION FCC: - TO REVOKE CERTIFICATION MOSS & BARNETT A PROFESSIO\AL ASSOCIATION 6. IF PETITION CONCERNS EXISTENCE OF "EFFECTIVE COMPETITION": - "AUTOMATIC STAY" FOR RATE REGULATION - SUBJECT TO REFUNDS IF UNSUCCESSFUL - SUBJECT TO FORFEITURES IF FRIVOLOUS 7. ONCE CITY IS READY TO REGULATE, IT MUST: - NOTIFY OPERATOR • SHOULD OBTAIN RETURN RECEIPT • OPERATOR HAS 30 DAYS TO RESPOND 8. IF RATES ARE WITHIN FCC' STANDARDS: - RATE WILL BE EFFECTIVE 30 DAYS AFTER SUBMISSION OF SCHEDULE 9. CITY MUST ISSUE A WRITTEN DECISION FOR: • APPROVAL • DISAPPROVAL • CONTINUANCE 10. IF CITY NEEDS MORE TIME (I.E. CONTINUANCE): - UP TO 90 DAYS ALLOWED - UP TO 150 FOR COST-OF-SERVICE PROCEEDING -2- MOSS & BARNETT A PROFESSIO\AL ASSOCIATION 11 . IF RATES EXCEED FCC STANDARDS: - CITY HAS POWER TO ORDER REFUNDS BACK TO THE SHORTER OF • JUNE 21, 1993; OR • 1 YEAR EXPANDED BASIC 1 . DECEMBER 18, 1993 = DEADLINE FOR COMPLAINT ON EXISTING RATES: - THEREAFTER WITHIN 45 DAYS OF INCREASE 2. COPY OF COMPLAINT MUST BE SENT TO BOTH: - CITY AND CABLE OPERATOR • USE FCC FORM 329 - SEND VIA REGISTERED MAIL, RETURN RECEIPT REQUESTED • OPERATOR HAS 30 DAYS TO RESPOND TO FCC 3. FCC MAY ORDER: - PROSPECTIVE REDUCTION IN RATES - REFUNDS, WITH INTEREST, FROM DATE OF COMPLAINT 4. OPERATOR MAY REQUIRE COST-OF-SERVICE ANALYSIS. 659Z140 -3- MOSS & BARNETT ATTACHMENT B A PROFESSIONAL ASSOCIATION RATE REGULATIONS (Assumes Absence of Effective Competition) 1. REGULATION OF BASIC SERVICE TIER A. Jurisdiction 1. Franchising Authorities : i . Must certify to FCC that-- • Rate regulations consistent with FCC' s . • Have legal authority to adopt, and personnel to administer, rate regulations . • Procedural rules provide an opportunity for consideration of the views of interested parties. ii . Certification form may be filed with FCC on or after June 21, 1993 • Certification will become effective 30 days after filing unless otherwise notified by FCC. • If disapproved, FCC will notify regarding revisions or modifications needed. • If disapproved, FCC will exercise franchising authority' s regulatory jurisdiction until franchising authority becomes qualified via a new certification. Such new certifications will become effective upon approval by the FCC, which approval (or disapproval) will be issued within 90 days of filing for recertification. 2 . FCC Will Not Exercise Jurisdiction Unless : • A local franchising authority' s certification is denied or revoked; Qi • The franchising authority requests FCC to regulate basic rates because it has insufficient resources to regulate or it lacks the legal authority to do so . MOSS & BARNETT A PROFESSIONAL ASSOCIATION - Franchising authority requesting FCC intervention due to insufficient funds must explain why franchise fees cannot be used. - The FCC will not regulate basic rates where local government voluntarily chooses not to seek certification because it is satisfied with the rates charged by the local cable operator. B. Preemption Issues 1. Preemption of Franchise Agreements : • All provisions in franchise agreements that prohibit rate regulation are preempted by the 1992 Cable Act. 2 . Preemption of State Law: • State laws that preclude rate regulation are not preempted, although in such cases the FCC will assume jurisdiction over basic service and equipment rates . C. The Certification Process 1. The Certification Form: • Franchising authorities intending to regulate basic rates must first submit a form certification with the FCC. 2 . Joint Certification: • Joint certification for communities served by the same cable system is permitted but not required. 3 . Approval of Certification by the FCC: i . Franchising authorities may begin filing certifications on June 21, 1993 . ii . There is no deadline by which a franchising authority must seek certification. iii . Franchising authority must either mail the form by registered mail, return receipt requested, or hand deliver the form and obtain a date stamped copy. -2- MOSS & BARNETT A PROFESSIONAI.ASSOCIATION • Certification will automatically go into effect in 30 days unless the FCC finds it is defective. The 30-day period will run from the date stamped on the return receipt or copy. v. Franchising authorities will not be able to begin regulating rates until they have adopted regulations consistent with those adopted by the FCC and have implemented rules which give interested parties a reasonable opportunity to comment during the rate regulation process . • Franchising authorities have 120 days from the effective date of certification to adopt these rules and regulations . 4 . Cable Operator ' s Challenge to Certification: i . Cable operators may file a petition for reconsideration challenging the franchising authority' s certification • Petitions may be filed any time within the 30 day period after a certification has become effective. • Operators may file petition for reconsideration on the ground system is subject to effective competition. - Operators will be granted an automatic stay of rate regulation until resolution of this petition, subject to refund liability back to the date the petition was filed, if the FCC subsequently determines that there is no effective competition. - Operators filing frivolous effective competition petitions to take advantage of the "automatic stay" provision will be subject to forfeitures. ii . If an operator believes the franchising authority cannot be certified due to other defects (lack of legal authority, lack of adequate resources or inconsistent rate regulations) , the operator may file either: -3- MOSS & BARNETT A PROFESSIONAL ASSOCIATION (1) a petition for reconsideration (which would be filed within 30 days after the certification becomes effective) , or (2) a petition for revocation (which could be filed at anytime) . • Operators filing such petitions will not be entitled to an automatic stay of regulation but may request a stay. • If the FCC denies a franchising authority' s certification, it will be notified and informed of necessary modifications to obtain FCC approval . D. Revocation of Certification 1. Certification may be revoked if franchising authority fails to fulfill one of the above-referenced three conditions for certification. • While a petition for revocation is pending, a franchising authority may continue to regulate the basic service rates of its franchises . • If a certification is revoked, the FCC will assume jurisdiction over basic service rates until franchising authority becomes recertified. 2 . An operator not subject to effective competition that later becomes subject to effective competition may petition the franchising authority for a change in its regulatory status . • The operator bears the burden of proving the existence of effective competition. • Cable operators denied a change in status by a franchising authority may seek review of that finding at the FCC by filing a petition for revocation. • A joint statement may also be submitted by the cable operator and a franchising authority stating that effective competition exists . E. Assumption of Jurisdiction 1. If the FCC denies or revokes a franchising authority' s certification, it will exercise the franchising authority' s jurisdiction over basic rate regulation until the authority requalifies . -4- MOSS & BARNETT A PROFESSIONAL ASSOCIATION • Upon denial of or revocation of certification, the FCC will assume jurisdiction and notify the franchising authority and the cable operator. This notification to the cable operator will require it to file its basic rate schedule with the FCC within 30 days, with a copy to the franchising authority. 2 . Basic rate filings for existing rates or proposed rate increases for services and equipment must be accompanied by the appropriate FCC forms . 3 . Cable operators with existing or proposed rates above the permitted tier rate must submit a cost-of-service showing to the FCC sufficient to support a finding that their rates are reasonable. 4 . The FCC will assume basic rate jurisdiction until the franchising authority files a "petition for recertification" that is subsequently approved. • The petition must contain a clear showing, supported by either objectively verifiable data such as a state statute, or affidavit, that the underlying reasons for revocation or denial no longer pertain; and • Must attach a copy of the earlier decision denying or revoking the original certification. 2. IMPLEMENTATION OF BASIC TIER RATES A. Initiation of Basic Cable Rate Review: • Once a franchising authority has been certified and has adopted the appropriate rules, it must notify the cable operator that these requirements have been met and that it intends to regulate basic service rates . - The cable operator will have 30 days to file its basic rate schedule (and any supporting material concerning the reasonableness of its rates) with the franchising authority. B. Franchising Authority Review of Basic Cable Rates: • A two-step approach will be utilized by franchising authorities to review a cable operator ' s current rates for the basic service tier and accompanying equipment, or proposed increases in those rates . -5- MOSS & BARNETT A PROFESSIONAL ASSOCIATION 1. First Step: If a franchising authority is able to determine that a cable operator ' s "current rates" are within the FCC' s reasonable rate standards, the rates may go into effect 30 days after they are submitted. If the franchising authority finds that a "proposed rate increase" is within the FCC' s rate standards, the increase may go into effect 30 days after filing with the franchising authority. 2 . Second Step: If the franchising authority is unable to determine whether the rate in issue is within the FCC' s reasonable rate standards, based on the material before it, or if the cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC' s reasonable rate level, the franchising authority may take an additional period of time to make a final determination. - A franchising authority may take an additional 90 days if it needs more time to ensure that a rate is within the FCC' s rate standard. - The franchising authority may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level . • The franchising authority must issue a brief written decision regarding its invocation of the additional time period. • If no action is taken within these time periods, the proposed rates will go into effect, subject to subsequent refund orders if a franchising authority later issues a decision disapproving any portion of the proposed rates . C. Notification of Rates • The cable operator must notify subscribers, as well as the franchising authority at least 30 days before any proposed increase is effective. - The cable operator will not be required to publish a notice of the proposed rate increase in newspapers or provide information to subscribers regarding how to lodge a complaint. - Operators will be required to include in their subscriber notifications the name and address of -6- MOSS & BARNETT A PROFESSIONAL ASSOCIATION the local franchising authority, so that the requisite information on complaint procedures can be readily obtained by a subscriber. D. Due Process • The franchising authority is required to issue a written decision to the public whenever it disapproves: i . An initial basic cable rate; ii . A request for an increase in whole or in part; or iii . Approves a proposed rate over the objections of interested parties . No written decision is necessary approving a basic cable rate or rate increase in its entirety if there have been no objections . E. Proprietary Information • Franchising authorities have the right to collect information, including proprietary information, in order to make a rate determination in those cases where operators have submitted initial rates or proposed rate increases that exceed the FCC' s reasonable rate standard. F. Remedies • Franchising authorities may order prospective rate reductions and, where they have determined that existing or proposed rates are unreasonable, prescribe a reasonable rate. • Franchising authorities may also invoke the remedy of ordering refunds in three (3) situations : 1. If the operator fails to comply with a rate decision and continues to charge unreasonable rates : - The franchising authority can order refunds back to the effective date of its rate order. 2 . As part of its initial review of existing cable rates, an authority has the discretion to order refunds for reasonable rates that exceed the -7- MOSS & BARNETT A PROFESSIONAL ASSOCIATION FCC' s permitted tier charge and are not supported by a persuasive cost-of-service showing by the cable operator. 3 . If the franchising authority has tolled a proposed rate increase for 90 or 150 additional days and has not completed its review by the end of these time periods : - The proposed rates can go into effect subject to a refund if portions of the rates are later found to be unreasonable. Note: For matters 2 and 3 above, the refund period is limited to a maximum of one year . G. Notification of Basic Tier • Cable operators must notify subscribers of the availability of basic tier service within 90 days or 3-billing cycles from the effective date (June 21, 1993) of the FCC' s rules and are required to notify new subscribers at the time of installation. Cable operators who can demonstrate they have satisfied the notification requirement in the 12 months prior to June 21, 1993, will be exempt from this requirement provided their notice conforms to the format and content requirements of the FCC' s rules . 3. REGULATION OF BASIC SERVICE TIER RATES AND EQUIPMENT A. Benchmark Used to Govern Rates for the Basic Service Tier i. Introduction of Benchmark: • The FCC has adopted a table of benchmarks based on the average September 30, 1992, rates of systems subject to effective competition. • The FCC applies different benchmark rates to systems based on the individual system' s - number of channels, - subscribers, and - satellite signals . -8- MOSS & BARNETT A PROFESSIONAL ASSOCIATION 2 . Application of Benchmark Formula: a. The FCC will consider reasonable a per-channel rate for the basic service tier that is at, or below, the benchmark level when a system becomes subject to regulation. The initial regulated rate for such a system shall be its rate in effect on the date the system becomes subject to regulation, regardless of the amount that rate is below the benchmark. b. Rates exceeding the applicable benchmark at the time regulation begins are presumably unreasonable because they exceed the average rate charged by system subject to effective competition. c. Some systems with rates at the onset of regulation that are above the benchmark may have had rates that were below the benchmark on September 30, 1992. Such systems are not subject to a rollback from levels in effect on September 30th, because the rates were presumably reasonable on that date. • These systems must reduce rates from existing levels to the benchmark, but they may maintain increases from September 30, 1992, levels up to the benchmark and adjust rates to reflect inflation. d. For a system with basic tier rates above the benchmark, both when it becomes subject to regulation and on September 30, 1992 : The maximum permitted rate will be the September 30, 1992, rates reduced ten percent (10%) but no lower than the benchmark rate for that system. e. Those systems with initial rates based on adjusted September 30, 1992, rates may further adjust those rates to reflect inflation occurring between September 30, 1992, and the time when regulation of the basic service tier begins . -9- MOSS & BARNETT A PROFESSIONAL ASSOCIATION They must also apply an efficiency adjustment, specified the rules, to those rates if the total number of subscribers or channels on the system changes between September 30, 1992, and the time of regulation. After those adjustments are made, the initial permitted rate for the basic service tier will then be capped as described herein. B. Adoption of the Price Cap • The FCC has adopted a price cap mechanism to ensure that future rate increases remain within reasonable bounds . - The price cap rate for the basic service tier will be expressed as a rate per channel to facilitate rate calculations and review. - The price cap applies to all regulated systems, including those systems with rates that are below the benchmark on the date that regulation commences: • unless a cable system justifies higher rates based on cost-of-service principles . 1. Annual Adjustment Index: • The FCC establishes an annual adjustment index that permits changes in each system' s cap for the basic service tier based on general changes in the cost of doing business . • The FCC adopts the GNP fixed weight price index (GNP-PI) as the annual adjustment index for the cap for basic service tier rates. • Cable operators may adjust the capped base per-channel rate for the basic service tier annually after the final GNP-PI is published by the Department of Commerce for the preceeding year. 2 . External Costs : a. Retransmission Consent • The FCC concludes that retransmission consent costs should be treated as external to the benchmark. -10- MOSS & BARNETT A PROFESSIONAL.ASSOCIATION Retransmission consent costs shall be accorded external treatment only after October 6, 1994, and only for new or additional fees beyond those already in effect on October 6, 1994 . b. Programming Costs Other Than Retransmission Consent: • FCC will treat programming cost increases, other than retransmission consent, as external to the benchmark. - The FCC' s accounting and cost allocation requirements will determine the share of programming costs to be allocated to the basic service tier. - Programming costs for programming obtained from affiliated entities is limited to the percentage change in the admissions component of the Consumer Price Index between the effective date of the price increase and the date the previous price took effect. • The FCC also excludes from the cap-- - taxes, franchise fees, and - the costs of satisfying franchise requirements including : • costs of satisfying franchise requirements for local, public, educational, and governmental (PEG) access channels . • The FCC' s accounting and cost allocation requirements provide the costs associated with PEG channels carried on the basic tier will be directly assigned to the basic tier where possible and remaining costs will be allocated between tiers in proportion to the number of channels on each tier. • For all categories of external costs, other than franchise fees, changes in external -11- MOSS & BARNETT A PROFESSIONAL ASSOCIATION costs shall be measured from the date on which the system becomes subject to regulation, or 180 days from the effective date of the FCC' s regulations (December 20, 1993) , whichever occurs first . • Changes in external costs occurring prior to December 20, 1993, including from September 30, 1992, will not be accorded external treatment. C. Cost of Service Showings • The cable operator is permitted to make a cost-of-service showing to determine the reasonable rate for its system. - The resulting rate determination will supersede the FCC' s benchmark/rollback provisions . - An operator may exceed the benchmark or capped rate if it can make the necessary cost showings in certain circumstances . - A cost-of-service determination resulting in a rate below the system' s September 30, 1992, rate minus ten percent (10%) will prescribe that system' s new rate. • The FCC will shortly issue a second further Notice of Proposed Rulemaking to seek additional comment on the development of appropriate cost-of-service standards . • Pending the above-referenced rulemaking, cable operators may elect to maintain current above-benchmark rates and attempt to justify them in their initial rate filings pursuant to the general principles for cost-of-service regulation. D. Cost of Service Standards • Alternatively, operators may elect to reduce these rates as required by the FCC' s benchmark regulations . • Cable operators that reduce rates in accordance with FCC requirements may seek to raise rates above the cap pursuant to the general procedures the FCC is establishing for cable operators seeking rate increases for the basic service tier. • Franchising authorities (or the FCC in appropriate circumstances) will review cost-of-service showings -12- MOSS & BARNETT A PROFESSIONAL ASSOCIATION by cable operators seeking to raise rates above capped levels . Cable operators or subscribers may appeal a local decision to the FCC. The FCC will review such local decisions on a case-by-case basis pending the cost-of-service rulemaking . 4. REGULATIONS GOVERNING RATES FOR EQUIPMENT A. Equipment Covered • The FCC concludes that equipment "used to receive the basic service tier" includes: - Converter boxes - Remote controls - Connections for additional television sets and cable home wiring • All systems subject to rate regulation must comply with the actual cost standards for equipment and service installations used to receive the basic service tier. B. Unbundling • Cable systems must unbundle charges for equipment, installation, and additional outlets from the rates for basic service. - Operators must also calculate separate charges for installations, remote control units, converter boxes, and other customer equipment . C. Actual Cost Standards • Franchising authorities regulating equipment used to receive the basic service tier shall require cable operators to establish an equipment basket to which the operator will assign the direct costs of service installation, leasing, and maintaining and servicing customer equipment. The basket will include an allocation of all system joint and common costs that installation, leasing, and repairing equipment share with other system activities, excluding general system overhead. -13- MOSS & BARNETT A PROFESSIONAL ASSOCIATION • The equipment basket costs include a reasonable profit. A cable operator must also calculate an hourly service charge ("HSC") through which it would recover all equipment basket costs (including a reasonable profit) except for the operator ' s cost of purchasing and financing the lease of customer equipment. • Charges for leasing each type of remote control unit shall be designed to recover the operator' s cost of purchasing and financing the remote, and expected repair and service charges over the useful life of the equipment. - Expected repair and service charges are to be determined by multiplying the estimated average number of repair and service hours per remote by the HSC. - Charges for leasing converter boxes and all other equipment shall be calculated in the same manner as for remotes . • For installation charges, the cable operator must elect a uniform installation charge that is calculated based upon either: - The HSC x the person hours of the visit; Q - The HSC x the average hours spent per installation visit. • The FCC' s rules do not preclude an operator from selling equipment to subscribers . The equipment price shall be set at no higher than necessary to recover the operator ' s costs, including all costs incurred for storing and preparing equipment for sale up to the time it is provided to the customer, including a reasonable profit. D. Promotions • FCC rules permit operators to offer promotions, including a permanent below-cost offering of installations. Cable operators must exclude the costs of promotions from the equipment basket, but may -14- MOSS & BARNETT A PROFESSIONAL ASSOCIATION include these costs in general overhead as part of a cost-of-service showing . E. Additional Connections • The FCC requires that costs associated with the installation of, and equipment used with, additional connections be included in the equipment basket. The installation charged for additional connections is the HSC x the person hours of the visit or the HSC x the average number of hours spent per visit. • If the operator elects to use an average installation time, the FCC requires two rates: 1. For wiring additional connections at the time of the installation; and 2 . If the operator makes a separate visit to install the additional connection. • The FCC allows a cable operator, if it incurs additional charges for programming carried on basic or cable programming services channels that it transmits to additional outlets, to recover these charges through a monthly charge levied for additional outlets in fact receiving that programming. F. Cost of Franchise Requirements • The FCC has determined that cost attributable to satisfying franchise requirements shall include: 1. The sum of per-channel costs for the number of channels used to meet franchise requirements for public, educational, and governmental channels; 2. Any direct costs of providing any other services required under the franchise; and 3 . A reasonable allocation of overhead. G. Customer Changes • The FCC' s standards and procedures are expected to prevent unreasonable charges for a customer changing equipment or service tiers . The FCC' s regulations apply to any changes in the number of service tiers and charges for -15- MOSS & BARNETT A PROFESSIONAL ASSOCIATION changing equipment that are initiated at the subscriber ' s request after the installation of initial service. • These same standards apply to upgrades and downgrades in service tiers . The FCC requires that customers be allowed 30 days after notice of retiering or rate increases to change service tiers at no charge. • Operators may impose only a nominal charge for changing service tiers affected solely by coded entry on a computer terminal or by other similarly simple method. - The FCC considers any charge under $2. 00 nominal. - These charges cannot exceed the actual costs of changing tiers . • Operators who believe their system has an increasing and unacceptable level of "churn" in service tiers may establish an increased charge for changing service tiers more than two times in one year. - The operator must prove to the franchising authority that the churn level in cable service tiers has reached an unacceptable level and that its escalating scale of charges is reasonable. - The operator must notify all subscribers that they will be subject to an increased charge if they change service tiers more than the specified number of times in one year . • For changes in service tiers or equipment that involve more than coded entry on a computer or other similarly-simple method, the FCC adopts the actual cost guidelines for equipment and installation. - The actual cost charge would be either the HSC x the amount of time it takes to affect the change or HSC x the average time such changes take. 5. REGULATION OF CABLE PROGRAMMING SERVICES Note: "Cable programming services is defined broadly as all video programming provided over a cable system except that provided on the basic service tier or on a per-channel or per-program basis . -16- MOSS & BARNETT A PROFESSIONAL ASSOCIATION A. Complaints Regarding Cable Programming Service Rates i. Procedures for Receiving, Considering, and Resolving Complaints : • The FCC will not regulate cable programming service rates until it receives a complaint that a particular operator ' s rates are unreasonable. - Complaints alleging that a cable operator ' s current programming rates are unreasonable will have 180 days from the effective date of the FCC' s rules to challenge existing rates (approximately December 10, 1993) . - With regard to rate increases, complainants must file complaints about cable programming service and equipment rates within 45 days from the time subscribers receive a bill that reflects the rate increase. • The complainant must supply certain readily available factual information and must allege that the rate is unreasonable because it violates the FCC' s rate regulations . - Complainants must use the complaint form adopted by the FCC and serve a copy on the cable operator and franchising authority. - Franchising authorities are encouraged to assist subscribers in completing complaint forms and subscribers are free to attach the view of the franchising authority when submitting a complaint to the FCC. - Franchising authorities will not be permitted to formally review and adjudicate cable programming service complaints in the first instance. • Upon receipt of a cable programming service complaint submitted on the FCC form, the FCC will review the complaint to determine whether it meets the minimum showing needed to permit the complaint to go forward. - The operator must respond to a complaint filed on the standard complaint form within 30 days of service of the complaint, unless the FCC notifies the operator that the -17- MOSS & BARNETT A PROFESSIONAL ASSOCIATION complaint fails to satisfy the minimum showing requirement. B. Remedial and Enforcement Procedures for Rates Found to be Unreasonable • If cable programming service rates are found to be unreasonable, the FCC will order the operator to reduce rates perspectively and to reflect that reduction in perspective bills to customers . - The operator will also be required to refund overages (plus interest) to subscribers, with refunds being calculated from the date the complaint was filed until the date the operator implements the reduced rate perspectively in bills to subscribers . • When assessing a complaint that a cable system' s cable programming service rates are unreasonable, the FCC will use the same test of reasonableness adopted for basic service rate regulation. • The FCC will use a benchmark approach as the principal form of rate regulation for cable programming services, with cost-of-service showings used only by cable systems whose rates exceed the benchmark. C. Adoption of the Benchmark and Price Cap for Cable Programming Services • The FCC adopts the same competitive benchmark for cable programming services as for the basic service tier and applies it in the same manner to determine the initial permitted per-channel rate for cable programming services . • The FCC also adopts the same price cap requirements for cable programming service as for the basic service tier, including the same annual adjustment index, and requirements for, and treatment of, external costs . 1 . Application of Benchmark: • Systems with a per-channel rate for cable programming services at or below the benchmark at the time the system becomes subject to regulatory review will be considered reasonable and that rate will be its permitted rate. -18- MOSS & BARNETT A PROFESSIONAL ASSOCIATION • Systems with rates in effect at the time of regulation that are below the benchmark will be capped at that level. • For systems with rates at the time of regulation that are above the benchmark, the permitted level for such systems will be determined by a further comparison to the benchmark of rates in effect on September 30, 1992. • For systems with September 30, 1992, rates that are above the benchmark, the rates shall be the September 30, 1992, per-channel rate reduced by ten percent (10%) but no lower than the benchmark, and then adjusted forward by inflation. • For systems with rates on September 30, 1992, that were below the benchmark, the permitted rate shall be the benchmark rate adjusted forward by inflation. 2 . Application of Price Cap: • The price cap will then be applied to the per-channel rate determined by the above comparison of rates to the benchmark. Price cap requirements will be the same as for the basic service tier . • As for basic service, the FCC will permit cable operators to exceed the benchmark rate for cable programming services based on costs . D. Installation or Rental of Equipment Used to Receive Cable Programming Services • Complaints concerning rates for equipment and installation used to receive cable programming services, either solely or in conjunction with unregulated programming, shall be subject to the same actual cost standard implemented for basic tier equipment and installation. The costs of equipment and installation used to receive cable programming services shall be included in the "equipment basket" and the charges associated with this equipment shall be determined on the same basis as charges for other equipment subject to the actual cost methodology. -19- MOSS & BARNETT A PROFESSIONAL ASSOCIATION • Cable operators are required to unbundle equipment and installation rates from the equipment used to receive these services. Cable operators are required to unbundle installation rates for cable programming services from rates for equipment leasing . 6. PROVISIONS APPLICABLE TO CABLE SERVICE GENERALLY A. Geographically Uniform Rate Structure • A cable system must have a uniform rate structure throughout the franchise area . • Cable operators may offer reasonable discounts to senior citizens and other economically disadvantaged individuals (persons who receive federal, state, or local welfare assistance) . B. Negative Option Billing • Cable operators may not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. This provision shall not apply to changes in the mix of channels in a tier, or restructurings of service, even when those changes are accompanied by a rate increase, unless the changes alter the fundamental nature of the service tier. C. Small System Burdens • Franchising authorities regulating small cable systems are permitted to exempt those systems from having to file an initial rate schedule with the franchising authority. In such cases, the small system need simply certify to the authority that its rates for basic service and equipment are reasonable and are within the applicable benchmark formula . A small system whose rates exceed the benchmark, a small system proposing to increase its basic rates or a small system that is the subject of a cable programming service complaint, is not exempted from the procedures the FCC has established. -20- MOSS & BARNETT A PROFESSIONAL ASSOCIATION • For these purposes, a "small system" is a system served by an integrated headend with fewer than 1, 000 subscribers . D. Leased Commercial Access • A cable operator and commercial leased access user may negotiate channel placement and tier access for leased programming . - Cable operators may not set terms and conditions for users based on content except to the extent necessary to establish a reasonable price for use of channel capacity and to comply with the FCC' s indecency standards . - Cable operators are also required to provide billing and collection services for leased access users, unless the operator demonstrates the existence of third party billing and collection services which in terms of cost and accessibility, offer leased access users an alternative substantially equivalent to that offered comparable non-leased programmers . • The maximum commercial leased access rates that a cable operator may charge is the highest net implicit fee charged by any nonaffiliated programmer within the same program category. - The implicit rate is calculated by determining the amount paid per month by subscribers for the service and deducting from that the amount that is paid per month to the programming service vendor. - The difference between the amount received and the amount paid is the net implicit leased channel rate. - Such rates are to be calculated separately for : 1. Pay-per-program or pay channels; 2 . Channels containing more than 50% direct sales (home shopping networks) ; and 3 . All other channels . -21- MOSS & BARNETT A PROFESSIONAL Assoc.,,,ON E. Subscriber Bill Itemization • Cable operators may identify as a separate line item on each subscriber bill the amount of any fee, tax, assessment, or charge imposed by a government entity on the transaction between the operator and the subscriber. 649Z140 -22- lI/ TO: Mayor Laurent Councilmembers Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Vacant Police Sergeancy DATE: 06 29 93 INTRODUCTION: Sgt. Gerald Poole was assigned the duties of Acting Deputy Chief of the Shakopee Police Department in January 1992 which left a Patrol Sergeancy vacant. BACKGROUND: State law requires the Police Civil Service Commission to establish "eligible registers" and to certify the three names standing highest on the appropriate list to fill any vacancy. These lists must be the result of competitive testing. On 05 11 93 , the appropriate notices were posted inviting officers who wished to establish themselves as candidates for the rank of Sergeant to notify the Commission of their intentions. On 06 01 93 , the Commission invited eight officers who identified themselves as candidates to participate in written testing which was administered on 06 15 93 . The officers who passed the written test were interviewed on 06 24 93 . On 06 28 93 , the Commission established an eligibility list for the position of Police Sergeant. The top three names on the list are: 1. Brian Clark 2 . John Flynn 3 . Robert Forberg Funds exist in the 1993 Police Budget to pay for this position. ALTERNATIVES: 1. Promote Officer Clark to Sergeant. 2 . Promote Officer Flynn to Sergeant. 3 . Promote Officer Forberg to Sergeant. 4 . Do not fill the vacant sergeancy. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Appoint Officer Clark to the position of Police Sergeant, effective immediately, at the 1992 rate of $3285. 97 per month with subsequent adjustments as provided for by the Police Sergeant' s Union Contract. ) b MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Labor Agreement Between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 - Clerical, Custodial and Technical Employees DATE: June 30, 1993 INTRODUCTION: Shown in attachment #1 is a copy of the Bureau of Mediation Services ruling on the decertification petition filed by certain employees of the Union. The ruling rescinds the Maintenance of Status Quo Order and finds the decertification petition to be invalid. It would therefore be appropriate at this time to authorize the appropriate City officials to execute the proposed labor agreement . BACKGROUND: The proposed labor agreement was included in the June 1, 1993 agenda packet . Please refer to agenda item lla. from said packet if you need to reference the proposed agreement . The proposed labor agreement provides for a 3% cost of living adjustment for those employees within the bargaining unit . The proposed cost of living adjustment is consistent with the increase received by non union employees for calendar year 1993 . The duration of the proposed agreement is two years with a contract reopener in 1994 to discuss wages . Shown in attachment #2 is Appendix A to the labor agreement as amended. The wage schedule has been amended to correct a mistake made in the Building Inspector wage . Staff is recommending that the appropriate City officials be authorized to execute the proposed labor agreement . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employee Union, Local 320 - Clerical, Custodial and Technical for 1993 and 1994 . 2 . Do not authorize the appropriate City officials to execute the proposed labor agreement . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employee Union, Local 320 - Clerical, Custodial and Technical for 1993 and 1994 . Attachment #1 BOREAL OF MEDLAT10\SEK\"ICES State ot Minnesota IN THE MAI hR OF A PETITION FOR DECERTIFICATION OF AN EXCLUSIVE REPRESENTATIVE: June 25, 1993 Certain Employees of the City of Shakopee, Shakopee, Minnesota - and - Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, Minneapolis, Minnesota - and - City of Shakopee, Minnesota BMS Case No. 93-PDE-1731 RULING ON OBJECTIONS AND NOTICE OF DISMISSAL INTRODUCTION On June 10 , 1993 , the State of Minnesota, Bureau of Mediation Services (Bureau) , received a petition filed by Certain Employees of the City of Shakopee, Shakopee, Minnesota (Certain Employees) . The petition requested that the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, Minneapolis, Minnesota (Local 320) , be decertified as the exclusive representative for certain employees of the City of Shakopee, Minnesota (City) . On June 14 and 16, 1993 , Local 320 filed two motions to dismiss the decertification petition. The first motion requested dismissal on the basis that the petition was untimely. The second motion requested dismissal on the basis that the deauthorization cards submitted in support of the petition were not valid. Pursuant to the filing of the petition and motions, the Bureau scheduled a hearing for Tuesday, June 22 , 1993 , to investigate the objections and to finalize processing of the petition. (612)649-5421 FAX:(612)643-3013 1380 Energy Lane•Suite#2•St. Paul. MN 53108-3253 An Equal Opportunity Employer 5�80 Notice of Dismissal BMS Case No. 93-PDE-1731 Page 2 . . .June 25, 1993 PARTIES. At the hearing Ms. Tamara Vidmar, Spokesperson, appeared on behalf of Certain Employees of the City of Shakopee; and Mr. Lowell Lynch and Ms. Sue Mauren, Business Representatives, appeared on behalf of Local 320. The City of Shakopee made no appearance at the hearing. ISSUES. 1. Is the decertification petition timely? 2 . Are the deauthorization cards valid? DISCUSSION. 1. Timeliness. A cornerstone of our labor relations system is the right of employees to freely determine whether they wish to be represented by a labor organization. In adopting a system for regulation of public sector labor relations, the legislature incorporated into the Public Employment Labor Relations Act (PELRA) the following: It is the public policy of the State of Minnesota to. . . [grant] public employees certain rights toorganize and choose freely their representatives. . . Therefore, a primary concern of the Bureau is to protect the statutory rights of employees to freely determine whether they wish to be represented by a union and, if so, by which one. In protecting this employee interest, however, we must also be sensitive to the rights of the employer and exclusive representative to a stable environment within which to carry out the responsibilities of collective bargaining. The coal of "orderly and constructive relationships" is a fundamental public policy objective of the PELRA.2 To this end, the Bureau has determined that a contract bar principle is appropriate to establish stated policy in the public sector. Where a labor contract is in effect between a public employer and an exclusive representative, a decertification petition will be considered "untimely" . In affect, the petition is "barred" from being filed because of the existing contract. 1Minn. Stat. (1990) 179A. 01. 2Ibid. Notice of Dismissal BMS Case No. 93-PDE-1731 Page 3 . . .June 25, 1993 We have also found that an unsigned contract also may act as a bar to a decertification petition. In County of Lincoln we concluded that: "an unsigned agreement can serve as a bar to the processing of a decertification petition) In these cases a contract bar exists where: 1. A tentative agreement has been reached between the representatives of the employer and the exclusive representative; and 2 . The exclusive representative and the governing body of the employer have ratified the tentative agreement. These findings are applicable to this case. BACKGROUND. On June 8 , 1992 , the Bureau certified that Local 320 was the exclusive representative for the following unit of employees: All clerical, engineering and maintenance workers employed by the City of shakopee, Minnesota, who are public employees within the meaning of Minn. Stat. 179A. 03 , subd. 14 , excluding supervisory, confidential , and all employees represented by an exclusive repre- sentative. A petition was filed on May 12 , 1993 , by Ms. Tamara Vidmar on behalf of Certain Employees of the City of Shakopee requesting that Local 320 be decertified for the above appropriate4 unit. This petition was dismissed on June 2 , 1993 , as untimely.4 of Lincoln, Ivanhoe, Minnesota, and American Federation of State, County and Municipal Employees, Council No. 65, Hibbing, Minnesota, BMS Case No. 84-PR-867-A, May 8 , 1984 . 4It should be noted that the petition was erroneously dismissed based upon the contract bar standard. In fact, the petition was untimely because a one-year period from the initial date of certification had not passed as required by Minn. Stat. 179A. 12 , subd. 12 . Notice of Dismissal BMS Case No. 93-PDE-1731 Page 4 . . .June 25 , 1993 On June 10, 1993 , Ms. Vidmar refiled the decertification petition using the same deauthorization cards that had previously been submitted with the May 12 , 1993 , petition. Between May 12 and June 10, 1993 , Local 320 held a meeting for purposes of ratifying the newly-negotiated labor contract covering the employees in the unit. The employees voted 14-1 to ratify the proposed agreement. The City Council was scheduled to consider ratifying the agreement with Local 320 on June 15, 1993 . However, the City removed this item of business from its June 15, 1993 , agenda because the City had received a Maintenance of Status Quo Order issued as a result of the June 10 petition. A review of the standards applicable to timeliness establishes that the decertification petition is timely because: 1. A one-year period of time had passed since the initial certification of Local 320; and 2 . The proposed labor contract had not been ratified by the City prior to the date the decertification petition was received. 2 . Validity of Deauthorization Cards. Turning now to the issue presented on the deauthorization cards, the record establishes: 1. The deauthorization cards submitted with the June 10 decertification petition were all dated prior to May 8 , 1993 . 2 . The deauthorization cards represent signatures from 35% of the employees included in the appropriate unit. 3 . The contract ratification vote occurred on June 2 , 1993 . Approximately 94% of the group voting favored ratification of the contract. The Bureau has found that employees may--and do--change their mind after signing an authorization card of any nature.5 The question 5Certain Employees of the City of Minneapolis and Minneapolis Professional Employees ' Association and City of Minneapolis, BMS Case No. 84-PR-1128-A, August 22 , 1984 . Notice of Dismissal BMS Case No. 93-PDE-1731 Page 5. . .June 25, 1993 in this case is whether the employees negated their original deauthorization cards by subsequently voting in favor of ratification of the contract or by their written statements submitted at the June 22 hearing? Testimony of Ms. Vidmar indicated that she did not inform the employees that their cards would be resubmitted to the Bureau with a second petition. After Ms. Vidmar was informed of Local 320 ' s objection to the cards, she attempted to have the employees resign deauthorization cards. Only five of the seven employees were willing to resign deauthorization cards. However, no cards were submitted at the .June 22 heari nr Individual signed statements by the employees who had signed deauthorization cards were submitted by Ms. Vidmar at the hearing. These individual statements were dated either June 21 or 22 and establish that five of the seven employees support having a new election; and two support the petition submitted by Ms. Vidmar. The deauthorization cards submitted with the May 12 and June 10 petitions specifically stated that the signing employees: " . . .no longer wish to be represented [by Local 320] . . . Five of the seven individual statements presented at the hearing ask for an election. In this regard, the Bureau has previously determined that: In determining the validity of authorization cards the Bureau requires that the card clearly reflect the individual employee' s support for the purpose of the petition. A request for an election is not considered evidence that employees no longer wish to be exclusively represented by an employee organization. Based on the foregoing, we find that five of the original deauthorization cards are no longer evidence of the wishes of the employees. The remaining two deauthorization cards are less than the required 30 percent showing of interest necessary for processing of the petition. 6Rosemount Education Association and Independent School District No. 196 and School Service Employees, Local No. 284 , BMS Case No. 87-PR-788 , June 19 , 1987 . Notice of Dismissal BMS Case No. 93-PDE-1731 Page 6. . .June 25, 1993 FINDINGS AND ORDER. 1. The decertification petition is dismissed based on the lack of a 30 percent showing of interest. 2 . The Maintenance of Status Quo Order issued on June 11, 1993 , is rescinded. 3 . The City shall post copies of this Order at the work location(s) of all involved employees. STATE OF MINNESOTA Bureau of Mediation Services PETER E. OBERMEYER, Commissioner Y.,4q JEAN L. KING, Representation Unit Manager PEO: jlk cc: Tamara Vidmar Sue Mauren Dennis Kraft (2) (Includes Posting Copy) Note: Amended Appendix A to correct mistake made Attachment #2 in Building Inspector Wage. APPENDIX A WAGES 1993 WAGE SCHEDULE Step 1 Step 2 Step 3 Step 4 Job Title Points 75% 80% 90% 100% Bldg. Official 82 30, 229 32, 245 36, 275 40, 306 Bldg. Inspector 80 29 , 469 31 , 434 35 , 363 39 , 292 Eng. Tech. IV 80 29, 469 31,434 35, 363 39, 292 Eng. Tech. III 70 25,706 27, 419 30, 847 34, 274 Eng. Tech. II 65 23 , 824 25, 412 28, 589 31, 765 Sr. Acct. Clerk 61 28, 459 30, 356 34 , 151 37, 945 Secretary 56 20, 440 21, 803 24 , 528 27 , 254 Acct. Clerk 55 20, 060 21, 398 24 , 072 26, 747 Clk. Typist II 54 19 , 689 21, 002 23 , 627 26, 253 Clerk Typist 47 17, 057 18 , 194 20, 468 22 , 742 Receptionist 46 16, 677 17, 789 20, 012 22 , 236 Custodian 37 14 , 813 15, 801 17 ,776 19, 751 The parties agree that the 1994 wage schedule only is negotiable for 1994 . Movement from one step to another on anniversary date of employment is contingent on satisfactory performance. Disputes as to performance are grievable but not subject to arbitration under Article V of this Agreement. 12 CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Auditor Comment Follow Up DATE: June 28, 1993 Introduction Council's auditor firm for 1992 was Deloitte and Touche. They had several comments or suggestions for the improvement of the financial operation of the city. Background Listed below are the changes in procedures being implemented by the Finance Department in response to the management comments made by the auditors as a result of the 1992 audit. These changes should alleviate all comments raised by the auditors, depending on Council decisions regarding investment custodial services and reclassification of special revenue funds. 1. Electronic Funds Transfer. The City has one checking account and utilizes one depository (bank) . All funds are wired into or out of that account. There is a check issued to the bank for each wire out and that check appears on the check list for Council. The bank requires that their authorization form be signed for a transfer. For short term investing, the city uses the 4M fund set up by the League. Controls are in place such that transactions for the 4M fund are only between the checking account and the 4M fund. Other wire transfers out will be accompanied by a letter with two authorized signatures and the bank will be asked to require such a letter before wiring funds out. For broker transactions such as maturities or sales, the broker will be asked to require faxed confirmation with two authorized signatures for transfers to any other account other than the checking account of the city. The only case I can recall involving a broker transfer to an account other than the city checking account is when a broker account was closed and the securities, or proceeds of liquidation, were transferred to another broker account. 2. Cash and Investment Management. This comment was generated by the fact that there were some investments with First Bank (old Marquette - Minneapolis) at year end that were in excess of the amount of applicable insurance. All but one of the investments were liquidated in the first quarter of 1993. Those investments were intended to be short term. It was determined that the insurance that First Bank had was not the appropriate type of insurance to provide the city additional protection in addition to the $500,000 SIPC coverage. Staff will limit the use of First Bank for brokerage services to the amount covered by SIPC unless and until First Bank provides additional appropriate insurance that will cover the city's investments. An alternative would be to have a custodial arrangement with a third party. First Trust and Norwest offer such a service. All securities owned by the city would be held (physically or electronically) by the custodian for the city instead of the broker or the brokers safekeeping department. Purchases, sales and interest payments would go through the custodian. This is the safest possible arrangement for the holding of the city's securities. Cost is based on several factors and would range between $3,000 and $5,000 depending on volume and number of transactions. Council declined to use such a service in 1991. The portfolio is currently about 18 million dollars. 3. Fixed Assets Quarterly reconciliation of fixed asset records is being implemented as recommended. 4. Payroll Processing. In accordance with the recommendations, for each payroll, an "edit" list will be produced for review by the Finance Director and forwarded to the department heads. This list shows employee additions, terminations, address changes, pay rate changes, etc. With each payroll, departments will received a leave hours report and a labor distribution report which will contain the information in the auditors recommendation. Another employee other than the one who processes payroll will distribute the pay checks in accordance with the recommendations. 5. General Fund Programs The recommendation is to move some programs or activities out of the general fund or special revenue fund type and thereby reduce the fund balance potentially subject to state scrutiny. The most likely candidate would be to move the Capital Equipment Fund to an internal service fund. Council has a memo on this for the 1994 budget. Second most likely candidate would be to make the HRA a capital projects fund because most of its activity is project oriented. A separate memo on reclassifying programs and/or funds is forth coming. 6. Collateralization of Deposits On a date selected for testing, the bank balance of the city's checking account exceeded the amount of insurance and collateralization. The events leading to this situation are; The city issued a check in the amount of $784,000 to a downtown financial institution on a Thursday. It was anticipated that the check would clear on Friday because we have had a case where a check mailed at 5:00 PM was deposited by midnight and cleared the following day. The check was covered in the checking account on Friday. The check did not clear until the following Wednesday. There are two alternatives to alleviate the situation. One is to request that the bank pledge more collateral. The bank normally looks at the average account balance and not the occasional peak in determining what they are willing to pledge. The other alternative is to use wire transfers more often for the larger payments that we make. Staff will investigate both alternatives. 7. LOGIS Logis has not had an audit of its general computer controls for several years. This issue is being pursued by several cities in LOGIS and it is expected that such an audit will take place in 1994. 8. Governmental Accounting Standards Board Statement No. 14. This statement could affect the way some data is presented in the 1993 Comprehensive Annual Financial Report. Staff will be reviewing and studying the issue as part of the preparation of the 1993 report. Alternatives 1 Status Quo with investment safekeeping. 2 Utilize the services of a custodian to safekeep the investments in the city portfolio. Recommendation Alternative 2. Using a custodian is the safest way to protect the investments of the city. The cost of $3,000 to $5,000 is minor compared to the size of the investments and a potential loss. Council could direct that the cost of the program be reimbursed to the general fund from interest earnings. Action Requested Move to authorize the appropriate city officials to establish a custodial safekeeping account for the investment portfolio with the cost to covered by interest revenues before the allocation of interest earnings to other funds. CONSEN MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Flag Pole - Former City Hall Building DATE: June 29, 1993 INTRODUCTION: The Shakopee VFW has requested whether or not it would be possible for the City of Shakopee to donate or sell the flag pole at the former City Hall facility back to the VFW. BACKGROUND: When the City Hall building was relocated from the corner of 2nd Avenue and Lewis St . to it' s First Avenue location, the Shakopee VFW donated a flag pole that was placed in front of the building. Now that the building is vacant and the City does not have a need for the flag pole since we have flag poles at all of our other City buildings (which were donated to the City by the VFW) they have requested that the flag pole be donated back to the VFW. The VFW is in need of a flag pole to be installed at the upcoming Vietnam Memorial which will be constructed at Canterbury Downs this September. The VFW has also offered to remove the flag pole from it' s existing site at no cost to the City. In order for the City Council to comply with the request made by the VFW it would be first necessary for the City Council to declare the flag pole at the former City Hall surplus property. Next it would be appropriate to authorize the appropriate City officials to sell the flag pole to the VFW for $1 . 00 . ALTERNATIVES: 1 . Declare the flag pole at the former City Hall facility surplus and authorize the appropriate City officials to sell the flag pole to the VFW for $1 . 00 . 2 . Do not declare the flag pole surplus and do not sell it to the VFW. 3 . Declare the flag pole surplus and authorize the appropriate City officials to negotiate a higher sale price. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Declare the flag pole at the former City Hall facility surplus and authorize the appropriate City officials to sell the flag pole to the VFW for $1 . 00 . CONSENT / 6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Stop Sign Request - 4th Avenue & Market Street DATE: June 22, 1993 INTRODUCTION: Staff has received the attached citizen request for a traffic study at the intersection of 4th Avenue and Market Street for purposes of installing stop signs at this intersection. BACKGROUND: Currently, there are stop signs on Market Street at 4th Avenue, but none on 4th Avenue. Attached is a letter from Mr. George Realander, 206 Main Street, requesting that a traffic study be done and that additional stop signs be installed on 4th Avenue. 4th Avenue is currently under the jurisdiction of Scott County. All traffic signing requests must be approved by the County Highway Engineer. Therefore, staff recommends submitting this request on to the County Engineer for review and action. ACTION REQUESTED: Move to direct staff to submit a request to the Scott County Highway Engineer to do a stop sign warrant study at the intersection of 4th Avenue and Market Street. DEH/pmp June 11, 1993 George Realander 206 Main Street Shakopee, Minnesota 55379 City Clerk Cita of Shakopee i29 South Holmes Shakopee, Minnesota 55379 Please present to the city council this request for an engineering/traffic study at the intersection of Market Street and 4th Avenues. Proceeding south on Market to the intersection of Market and 4th Avenue I have frequently experienced lengthy delays in turning left onto 4th Avenue or in crossing 4th avenue. From 2:45 to 3:00 I have experienced the longest delays as traffic proceeding west along 4th avenue has blocked access to that street. I suggest stol signs on 4ht avenue at Market or traffic signals. G-o ge AgeS V k‘r- CONSEF\JI MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Valley Park 11th Addition DATE: June 29, 1993 INTRODUCTION: Attached is a license agreement for City Council consideration from the Chicago and Northwestern Transportation Company for work associated with Valley Park 11th Addition. BACKGROUND: The developer of Valley Park 1 lth Addition, Valley Green Business Park, petitioned the City to install all public improvements in this plat (street, sewer, water, etc.). In accordance with the developer's agreement, 100% of this project will be assessed to the developer. On June 1, 1993, the City Council awarded the contract for this project to Arcon Construction Company, Inc. Part of the project consists of installing a new storm sewer pipe through the Chicago and Northwestern Transportation Company track in the Industrial Park. The railroad requires all utilities crossing their tracks to execute a license agreement and to reimburse them for the costs for replacing their rails. Attached is the license agreement for City Council consideration. The license fee is $475.00 and the cost for replacing the rails is $5,705.00. All costs will be included in the total project costs and assessed. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached license agreement with the Chicago and Northwestern Transportation Company for a storm sewer crossing associated with the Valley Park 11th Project No. 1993-10. DEH/pmp VP11 WILLIAM R. ENGELHARDT ASSOCIATES, INC. ingiweis 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 16121 448-8838 June 22 , 1993 City of Shakopee c/o Mr. David Hutton 129 South Holmes Shakopee, MN. 55379 RE: Storm Sewer Pipe Replacement Chicago and Northwestern Transportation Company Valley Park 11th Addition Dear Mr. Hutton: Enclosed are copies of the proposed license agreement for the replacement of a storm sewer pipe under the Chicago and Northwestern Transportation Company branch line. Please arrange to have the license agreement executed. The one-time rental charge for the pipe replacement is $475. 00 and the estimated cost to remove and replace the rails is $5,705. 00. The $250. 00 license preparation fee has already been paid for by our firm. If you have any questions please contact us. Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. SCJ' Dennis W. Saari DWS/las encl. Chicago and North Western Transportation Company NORjNWESTERN 1c» N >treci Cnic igo. Illinois(loom, June 17, 1993 Enginecr:ng Dcpnment Mr. Dennis W. Saari William R. Engelhardt Associates, Inc. 1107 Hazeltine Boulevard Chaska, MN 55318 Dear Mr. Saari : Attached are duplicate copies of a proposed license agreement to cover a drainage pipe to serve the City of Shakopee, Minnesota at Shakopee, Minnesota. Please arrange for the proper execution and attesting of both copies, along with a certified copy of resolution authorizing the execution and a check in the amount of $475.00 to cover the one time rental charge, directly to me for further handling. The estimated cost to remove and replace rail , ties, and other material to accommodate the open cut method of installing a twenty seven inch drainage pipe is $5,705.00. If the $250 preparation fee has not yet been submitted, you should arrange to do so at this time. When all are received and in order, the license will be executed on behalf of the C&NW and a fully executed copy will be furnished to you for your file. The Roadmaster, Communication and Signal Supervisor, and the Office Manager- Administration must be notified five working days prior to entering C&NW Transportation Company's property. The insurance policy or certificate must be in this office ten days prior to entering C&NW Transportation Company's property for our review and approval . Attached are application forms to use in applying for additional licenses. All new applications for licenses should be sent to Mr. F. D. Tippy - Senior Manager of Engineering Services at the above address. If you have any questions, please contact me direct at 312-559-6294. Very truly ours, 40. R. H. Sande Enclosures A:\RHS.16 (bd) Fora 2036 - Page 1 Revised 1981 LICENSE No. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company") hereby licenses CITY OF SHAKOPEE, MINNESOTA, (hereinafter called "Licensee") to construct, maintain and use, a twenty-seven inch (27") drainage pipe (hereinafter called "facility" ) upon the property of the Company and under the tracks at Shakopee, Minnesota in the location and position, and in accor- dance with the specifications shown on map dated June 3, 1993 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license is given upon such express terms and conditions as are inserted below, as well as those contained upon the subsequent printed pages, and should the Licensee at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Company may, at its option, immediately revoke this license. The foregoing license is subject to the following conditions: For the privilege herein permitted the Licenee shall pay to the Company, in advance, the sum of Four Hundred and eventy Five Dollars ($475.00). The licensee will require all contractors performing work on or adjacent to the Company 's right-or-way to furnish to the Company a railroad Protective Liability Insurance Policy written in name of railroad company and to carry regular Public Liability and Property Damage Insur- ance, and having limits of liability not less than the following: Railroad Protective - $2,000,000 Combined Liability Insurance Single Limit Occurrence. - $6,000,000 Aggregate Limitation. General Liability Insurance: Personal Injury - $ 500,000/Person $1,000,000/Occurrence Property Damage - $ 500,000/Occurrence $1,000,000/Aggregate Workmen's Compensation: Employee Injuries - Statutory Employer's Liability $ 100,000 Evidence of said insurance coverage shall be furnished to the Company Engineering Services at 165 N. Canal Street, Chicago, Illinois 60606, for approval , and no work shall be performed nor shall the Licensee's contractor be permitted to enter upon the Company's right-of-way until insurance coverage has been approved by the Company. FIRST. The work of construction and maintenance shall be done and completed in good and workmanlike manner at the sole expense of the said Licensee. Said work shall be done in such manner as in no way to interfere with or endanger the use of the property or tracks of the Company, or the operation thereon of any engines, cars or trains. The Chief Engineer of the Company shall have the right to inspect such work from time to time and to require such changes to be made as will in his opinion decrease the hazards incident to said facility; but any such inspection or required changes or any failure to so inspect, or to require changes to be made, shall not effect any of the obligations assumed by the said Licensee hereunder. SECOND. The said Licensee shall bear the cost of all protection which the company may require for its tracks or property during construction and maintenance hereby authorized and of all repairs, changes, additions or betterments to said Company 's track or property made neces- sary on account of same. If in the judgement of the Company it shall be necessary to provide support for its tracks during the work of construction or maintenance the Company will provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon re- ceipt of bill therefor. Form 2036' - Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general and special , license fees or othe' charges which may become due or which may be assessed against the premises of the Company be- cause of the construction, existence, operation or use of said facility, the Licensee, or the business conducted in connection with said facility, and shall reimburse the Company for an% such taxes, license fees or other charge which may be paid by the Company promptly upon the presentation by the Company of bills therefor. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ter days' notice in writing before entering upon the right of way of the Company for constructior purposes, or for the purpose of making necessary repairs. The Company reserves the right tc judge of the necessity of repairs to said facility, and to require the Licensee to make sucr repairs upon ten days ' notice in writing. In such case, said Licensee may enter upon saic right of way without the ten days' notice above referred to, and shall proceed forthwith tc make such repairs, and upon failure to do so within ten days, the Company shall have the right to make said repairs and collect the entire cost thereof from the Licensee. The Company re- serves the right, in case in its opinion the safety of its tracks or property demands it, tc make emergency repairs without notice to the Licensee and to collect the cost thereof from Li- censee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility, it will comply with all applicable laws, including, but not limited to, any laws, standards . regulations, or permit requirements relating to environmental pollution or contamination or tc occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company from all claims, demands , lawsuit, or liability for loss, fines , damage, injury, and death anc all expenses and costs, including attorneys' fees, resulting from or arising out of the con- struction , maintenance, or use of the facility, including any discharge or emission therefror or for the violation of any law, standard, regulation, or permit requirement relating to envir- onmental pollution or contamination, or to occupational health and safety. SIXTH. It is understood by the Licensee that said facility is subject to and may in- crease the dangers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks thereof. Therefore, and as a material consideration to the Company for entering into this license and without which the Company will not enter same, the Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury tc or death of any person, or persons whomsoever, including all costs and expenses incident there- to, however arising from or in connection with existence, construction , maintenance, repair, renewal , reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the Licensee or members, officers, agents or employees of the Licensee to abide by or comply with any of the terms or conditions of this license; and the Licensee forever indemnifies the Company against and agrees to save it harmless from al ' claims, demands, lawsuits or liability for any such loss, damage, injury and death, costs anc expense, even though the operations of the Company's railroad may have caused or contributes thereto. Notice to or knowledge by the Company of any act or omission by the Licensee which is or might be a breach by the Licensee of any of the terms or conditions of this Agreement to bE performed by the Licensee, and the acquiescense by the Company in or to such act or omission. shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted tc it under this paragraph. SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, property and right of way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate an) change, repair, renewal , removal or relocation of said facility, or any part thereof, the Li- censee shall perform such work at such time as the Company may approve and if the LicenseE fails to do so such work may be performed by the Company at the expense of the Licensee and the said Company shall not be liable to the Licensee on account of any damage growing out of an use which the Company may make of its tracks, property and right of way. In case any of the terms or provisions of this license have been performed or carried ou* prior to the actual date of execution hereof, it is understood and agreed that this licens' shall nevertheless be of the same force and effect as though same had been executed by the par- ties prior to such performance. Form2036 2 Forn 2036 - Page 3A R2aised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days' notice in writing to the Licensee and at the expiration of the time limited by said notice, or upon any other revocation of this license, the Licensee shall promptly , and in the manner directed by said Chief Engineer, remove all construction hereby authorized from the premises of the Company and leave said premises in the same condition in which they were before the installation of the same. Upon default of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such wai ver. TENTH. This license is personal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company' s giving to the Licensee the rights anc privileges above specified, the Licensee, by the acceptance of this license, hereby agrees that it will not levy or assess any special tax or special assessment against Company or against or upon Company's properties for the construction or use of the improvement of which said facility is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands , lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing provisions any such special tax or special assessment shall be levied or assessed upon or against said Company 's properties, the Company shall have the following elections to wit: (a) Company may make such payments as may be necessary to satisfy and discharge any liens for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by filing notice of termination with such Recorder of Deeds for recording and forwarding a copy thereof through certified or registered mail , postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations or any liability on the part of Company in respect to any payments , setoffs, counterclaims , recoupment, crossbills or cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, either for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. Form 2036 - Page 4AAA Revised 1991 In Witness Whereof this instrument is executed this day of , 19 ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By gy Assistant Secretary Vice President - Engineering and Materials Pursuant to authority granted by resolution of the of the CITY OF SHAKOPEE, MINNESOTA, adopted The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. Attest CITY OF SHAKOPEE, MINNESOTA By By (Seal ) City Clerk City Mayor IVO ilk t. • ' Y. �. 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D /' o.�• l.. x :.2. 7 t i- 33 • rn ..:..I -a , . ir:'?;?.:‘'.111 '7--;:• • ,> m � T.; m' z; % \ 1 I. i ATI • m O .a • ' Ir , io W. . . . . . .• ‘\ . .\ .1A. . .1. .. .'. >. t'' f i AeFLICATION TO Cm CAGO & NORTH WESTERN TRANSPORTATION COMPANY FOO PERMISSION TO CONSTRUCT AND MAINTAIN WATER LINES, SEWER LINES, PETROLEUM LINES AND OTHER FACILITIES ON AND/OR ACROSS THE RIGHT-OF-HAY OF SAID TRANSPORTATION COMPANY name and street address of appl i cant) Check One: Corporation : Incorporated in the state of Partnership : Nares of all Partners: Individual: : Other (specify) ?inicipal, County, State or Federal Gov+errrrental Agency Location of Facilities: Agency (City or town; or nearest city or town plus Tcwn, Range, and Section) (Distance from fixed point on railway, i.e., ruiterei bridge, center line of street crossing or section line (mile posts are rot a fixed point.) Type of Crossing (check): Overhead: Underground: Other (specify): Ttiach Print or Sketch Showing: 1. Plan and profile of crossing. 2. North point of compass. 3. Proposed location of applicant's facilities, giving distances to nearest rail . 4. Location of existing facilities on Transportation Company right-of-gray. 5. Clearance over or under the rails. 6. Angle of crossing with nein track, if not at right angle. 7. Show proposed facility to actual profile of ground and tracks. `finish Following Construction Details For Pipe Lines Carrier Pipe Casing Pipe Contents to be handled Irai de diameter Material and type of pipe Specification and grade Wall thickness Actual working pressure Actual test pressure Type of joint Coating Method of installation Protection at ends of casing: Both ends One end Type Depth: Base of rail to tap of casing Ft. in.(5.5 Feet Minirn n) Death: (Not beneath tracks) Ft. in. Depth: (Roadway ditches) Ft. in. Cathodic protection R9PR CS: For Line Paralleling Transportation Company Right-of-Way: Length of Parallel ;including feet on or encroaching upon Transportation Co. right-of way. (Furnish details) Separation frau near rail: feet: fran existing facilities feet. Date Approval Desired (allow reasonable Processing Ti rre): Date Ry Title CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY ENGINEERING SERVICES ONE NORTH WESTERN CENTER 165 NORTH CANAL CHICAGO, ILLINOIS 60606 There is a minimm license preparation fee for all licenses and your check in that aTcunt, rude payable to the Chicago and North Western Transportation Cr:marry should accorrpary this form. '7 ‘,.s charge is not to be confused with any annual or one-tirre rental charges. Preparation fee for all standard licenses S 250 Preparation fee for all rraster licenses 2X0 Contact this office for anrual or one tirre rental dlarges, and rates for longitudinal oca,pations, for crossarn overhang, for attadirents to Corrpary poles and structures, and other occupations not specified, as well as for crossings of high-value property in major population centers. All one tirre rental charges are payable in advance. All arrual rentals are subject to review at anniversary date or vtren revised. Under rural ci rozrstances, no annual charge wi 11 be node for crossings within the confines of an authorized public-travelled crossing as long as there are no poles, rrertroles, guys, or structures within the confines of Carpary ri c tt-of-wqy. Application Rev 3-30-93 Pb (Form"A") 1-2 133_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Ice Arena Design DATE: June 29, 1993 INTRODUCTION: This past April the Shakopee City Council authorized the appropriate City officials to execute an agreement by and between the City of Shakopee and Greystone Construction for ice arena design and construction management services . With the referendum failure, Greystone Construction has inquired whether or not they should complete the design plans and specifications as originally planned. BACKGROUND: Greystone Construction has completed the majority of the design plans and specifications for the ice arena. The plans and specifications still need additional work in terms of footing design. In order for Greystone Construction to complete the footing design plans and specifications it would be necessary to obtain additional soil boring and a complete topographic survey of the project area. Greystone Construction has received three cost quotations for each of the aforementioned services. I should point out that the quotations that were received specified that the contractors perform the work in a relatively short time frame . At the time the quotes were received we anticipated that the referendum would pass . Therefore, a relatively short turn around period was expected on behalf of the contractors . Since the referendum has failed, the timing of the soil boring and topographical analysis are not as important . Therefore, we expect that new quotes in the amount of approximately $3 , 000 for soil borings and $4, 000 for topographic survey work could probably be achieved. Greystone Construction has inquired whether or not the City wishes to expend the additional dollars for the two aforementioned studies so that the final design plans and specifications can be completed. Staff believes that the additional work needed for soil borings and topographic work will be useful data in the future . Staff also believes that since the design has gone so far on the ice arena already that it would be beneficial to have the plans completed. The additional work on the design plans and specifications as well as the soil boring and topographical work will have a relatively long file life. Funding for the architectural design services, soil borings and topographic work would be allocated from the Capital Improvement Fund. Staff is recommending that the appropriate City officials be authorized to proceed in obtaining soil borings and topographic survey work as needed to complete the ice arena design plans and specifications. ALTERNATIVES: 1 . Authorize the appropriate City officials to obtain soil borings and a topographic survey to complete the ice arena design plans and specifications with funding to be allocated from the Capital Improvement Fund. 2 . Direct the appropriate City officials to inform Greystone Construction to cease work on the ice arena design plans and specifications . 3 . Authorize the appropriate City officials to order soil borings and a topographic survey to complete the design plans and specifications for the ice arena project with funding to be allocated from some other source. 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to obtain soil borings and a topographic survey to complete the ice arena design plans and specifications with funding to be allocated from the Capital Improvement Fund. BAS/tiv grit T1 Tit TIM PTA t11. T T'� kiktrili a I tyn July 2 , 1993 CONSTRUCTION COMPANY Mr . Barry Stock City of Shakopee 129 S . Holmes Street Shakopee , MN 55379 Re : Design of Ice Arena Community Center Site Dear Sir : Our contract with the city for Design and Construction Management Services for the construction of the Ice Arena included $25 , 000 . 00 for Design Services . Design Services can be broken down as follows : Design/Development $13 , 000 . 00 Construction Documents $12 . 000. 00. Total Design Services $25 . 000 . 00 As requested by city staff , Greystone performed design development work in anticipation of a favorable referendum vote . This would have allowed construction to proceed to meet a December 1 , 1993 completion date . The cost of Design/Development work completed to date is approximately $8 , 000 . 00 . The Construction Document phase has not been started . In order to complete Design/Development , a Topography Survey and Soil Borings are required . Proposals for this work have been submitted to the city staff . Once soil borings and a topo is available , Design/Development could be completed for an additional $5 , 000 . 00 . The city would then have Architectural Drawings , Structural Drawing , Mechanical Performance Specifications and Electrical Performance Specifications required to build the Ice Arene on this site . Construction Documents could be completed at a later date . Please inform me as to how we should proceed . Sincerely, Kevin W. O ' Brien KWO/sb 1221 East Fourth Avenue, Suite 110 Telephone: 612-496-2227 Shakopee, Minnesota 55379 Fax 612-445-4191 k_ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: St. Francis Hospital Sewer Petition DATE: June 28, 1993 INTRODUCTION: Staff has received the attached petition for sanitary sewer and water service for the new hospital facility from the St. Francis Regional Medical Center. BACKGROUND: Attached is correspondence from Mr. Donald J. Leivermann, President, St. Francis Regional Medical Center petitioning the City of Shakopee to install sanitary sewer and watermain to their new hospital facility. Specifically, Mr. Leivermann is requesting that a feasibility study on the improvements be initiated. The issue of crossing the Shakopee Bypass with sewer and water along County Road (C.R.) 17 poses some interesting scenarios in regards to the timing of the construction of these utilities. In addition, the final timing of the new MWCC Interceptor from Chaska adds another factor in regards to this petition. Because the hospital needs sewer and water by September, 1994, they can ill-afford to wait for these other issues to be resolved in order to start the process. Staff would like to discuss these issues in more detail, specifically as it relates to the sanitary sewer. The hospital would prefer to hook into the new Chaska-Shakopee Interceptor in order to avoid crossing the Bypass and extending the sewer north to the City's V.I.P. Trunk Sewer. But if the new interceptor is not available by September, 1994, the hospital would then be forced to cross the Bypass and go to the V.I.P. Trunk Sewer. If the sewer is to cross the Bypass, casing pipes need to be installed under the new highway. St. Francis previously notified the City that they would be willing to pay for installing the casings pipes in case the sewer needs to cross the Bypass. If the casings are not utilized, the hospital would pay for all costs associated with installing and abandoning the casings. If the sewer does eventually cross the Bypass, the casing costs would be included in the total project costs and assessed to all benefitted properties. Because Mn/DOT is already constructing the new bridge at C.R. 17, there are several options available to the City. 1. Contact Mn/DOT immediately and request that they install the 3 casing pipes under the current bridge contract. There are 3 sewer casings needed - one for the main bypass roadway and one each for each exit/entrance ramp roads. The estimated construction costs for these casings is $34,000.00. Mn/DOT has indicated that they could add these casings to the current contract via a change order. If the MWCC Interceptor is not built in time, the casings could be used to extend sewer service from the VIP Trunk Sewer to the hospital. 2. Same option as No. 1, only in addition to installing the casings the City could also install the sewer pipe from the Bypass to the V.I.P. Trunk Sewer. This may be advantageous in order to take advantage of the current construction along C.R. 17 and Vierling Drive, to avoid disturbing these roads a second time next summer. This option would cost approximately $150,000. Options 1 and 2 above assume that the casings and sewer pipe are located within the current Mn/DOT project limits. There are two other options that would not involve the current construction. 3. The City could design the sanitary sewer along the east edge of the C.R. 17 right-of-way which means the sewer and casings do not need to be installed until the next phase of the Bypass construction. This phase has been delayed until Spring, 1994, allowing time to add the casings to the plans and avoid any change orders to the current contract. This would also allow time for an in-depth feasibility study to be completed on the requested sewer line and hopefully, all issues regarding the timing of the new MWCC Interceptor may be resolved. This option would either cost$34,000 if just the casings were installed or $150,000 if the casings and pipe were installed. 4. The sewer crossings of the Bypass could be moved further east (± 1,000 feet) to avoid crossing the exit/entrance ramps and result in only 1 casing pipe needed, not 3. This would result in a casing pipe cost of$15,000 (as opposed to $34,000), but would result in much higher overall costs (approximately $200,000 total project costs) due to the longer length of sewer main needed. In addition, the pipe would probably be outside Mn/DOT right-of-way, resulting in additional easement acquisition costs. The cost estimates for all of the above options are for construction costs only and are for the sewer located from the south bypass right-of-way to the V.I.P. Trunk Sewer. No cost estimates have been prepared for the sewer going south to serve the hospital or for any watermain costs. These costs will be determined in the feasibility report, along with the funding options and assessable areas. RECOMMENDATION: Staff recommends preparing a feasibility report (Alternative No. 3) on the petitioned improvements to determine the specific alignments, cost estimates, benefitted areas and proposed assessments. Even though there is construction activity along C.R. 17 at the moment, there are several other opportunities for the City or Mn/DOT to install the casings and sewer pipe on future contracts. The only casing pipe that may need to be installed under the current Mn/DOT project is through Vierling Drive. Because it is not felt that the submitted petition represents 35% of the affected property owners, this project would need to be Council initiated, which requires a 4/5 vote of approval rather than a majority. Furthermore, if the MWCC proceeds with constructing the new Interceptor in 1994 as they are planning, there may not be the need to cross the Bypass with any sewer casing pipes. ACTION REQUESTED: Offer Resolution No. 3828, A Resolution Ordering the Preparation of a Feasibility Report for St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements and move its adoption. DEH/pmp MEM3828 RESOLUTION NO. 3828 A Resolution Ordering The Preparation Of A Feasibility Report For The St. Francis Regional Medical Center Sanitary Sewer And Watermain Improvements WHEREAS, it is proposed to install sanitary sewer and watermain on County Road 17 from the V.I.P. Trunk Sewer to the new St. Francis Regional Medical Center 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 David E. Hutton, 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 , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1101 01 St.Francis REGIONAL MEDICAL CENTER June 8, 1993 Mr. David C. Hutton City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Hutton: St. Francis Regional Medical Center, as purchaser of real property fronting on County Road 17 (Marschall Road) and as described below, hereby petitions the City Council of the City of Shakopee for city water and sanitary sewer service to meet the needs of a proposed hospital facility and associated development; said requested utility services needed by September, 1994. In making this petition, St. Francis Regional Medical Center understands that the City of Shakopee, its agents or employees, cannot guarantee the amount of assessment until a feasibility study of the requested improvements has been prepared and accepted by the City Council in accordance with MSA Chapter 429. Property Description as Follows: The Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) , the north 21.15 feet of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) and the South Half (S1/2) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) , all in Section 18, Township 115, Range 22, Scott County, Minnesota. Sirrerely, 4 . HIS . Donald J. eivermann Presiden copy: Dennis Kraft is 325 West Fifth Avenue,Shakopee,Minnesota 55379(612)445-2322 Afhrmante Action Employs r A member of the Benedictine Health System. . . ......\\__ 0 ' . LTERNATIVE 4 __ ...:. _ . . . _ - . „... , _-. .. • • • . -, ‘ ) ,- , ).(v..I,. 1-4.j3_1 . V . . I. P. . Sewer _ . _ _ -t • (•,..) __ L.________. __ • ..-- \/-------F -------"NN.. \\N---------_______ U . Ai) \......) -----..______ ------:----------._______ • , 1 . .._ • ..- _ 1---- 1 f.'..::.:,; V.• . 0 •?:. ) ) ‘.. t.:I •••'-'. ... ( . 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Frances ra. u.. .,_.,....... . -•.L...1....____ ....... ---.., 1 4 .:2, -••••• .-- R 8 5 ,..,..„..., ,.,..„. cs.)t.::1‘. ii (‘4 I,., I,.•,.) . 7--C-:"'"— . 9 8 2 / ... 5 ss 1 ,...• I • •: •. . _ t S itej. -.< _ Hospital ' 8 / R____--) 8 5 0 , 0 . . _ ....._ . _ cONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Derby Days DATE: June 30, 1993 INTRODUCTION: Plans are well underway for this years Derby Days Celebration. Consistent with past practice the 1993 Derby Days Committee would like to request City Council assistance in several areas. BACKGROUND: The 1993 Derby Days Celebration will commence on Thursday, August 5, 1993 . Events scheduled for Thursday include the Downtown Sidewalk Sales and the Taste of Shakopee. Last year the Taste of Shakopee was a tremendous success. The Derby Days Committee would like to request permission to close the 2nd Avenue parking lot at approximately 3 : 00 p.m. to allow time to set up for the Taste . Section 7 . 08 of the Shakopee City Codes allows for the sale of goods upon public property with City Council approval . Therefore, the Derby Days Committee would also like to request City Council to approve the sale of goods on City property for the Taste of Shakopee, food and refreshment vendors at Lion' s Park, craft vendors and downtown business merchants during the Derby Days Celebration. The Derby Days Committee would again like to utilize assistance from the Public Works Department to prepare the Taste of Shakopee site and Lion' s Park. The work tasks include delivering picnic tables, refuse containers, pick up and delivery of barricades, bench delivery and clean up. The tasks are comparable to work performed by the Public Works Department in previous years . With the unusual river conditions, the 5k Run will be relocated to Lion' s Park this year. A portion of the 5K Run route will utilize Adams Street (CR-15) heading South. The Shakopee Police Chief and Scott County Sheriff have been advised of the route and will be working with the Derby Days Committee to ensure public safety. On Friday, August 6, 1993 the Carson and Barnes Circus will hold two shows at Canterbury Downs. On Saturday, August 7, 1993 the majority of the Derby Day events will be held at Lion' s Park. This year, an all class reunion softball tournament has been added to the slate of activities. The Derby Days Committee is looking forward to this years celebration and believes that it will be bigger and better than last year. (Providing it doesn' t rain) In summary, the Derby Days Committee would like to request City assistance in the following two areas : 1) Permission for the sale of goods on public property and 2) Permission to utilize Public Works maintenance crews to assist in preparing for the celebration and to assist in clean up following the event . ALTERNATIVES: 1 . Move to approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1993 Derby Days Celebration. 2 . Do not approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1993 Derby Days Celebration. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to approve the 1993 Shakopee Derby Days Committee request for City Assistance granting permission for the following: 1) Permission for the sale of goods on public property including downtown sidewalks, Lion' s Park and the 2nd Avenue parking lot . 2) Permission to utilize Public Works maintenance crews to assist in preparing for the celebration and to assist in clean up following the event . BAS/tiv 1 31 CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (6/29/93) for the 1993 budget. Attached is a print out showing the budget status as of 06/29/93 for 1993 based on data entered as of that date. The check to Marquette in the amount of $26, 900 is for the escrow account for the 1993A TIF Refunding Bonds. The check to ISD 720 in the amount of $112, 792 is for the remittance of TIF due to the referendum. The check to FMG in the-amount of $167, 688 is for remittance of TIF pursuant to the plan/agreement. CITY OF SHAKOPEE EXPENSES-BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 2,834 22,861 33 12 CITY ADMINISTRATOR 252,920 19,132 105,514 42 13 CITY CLERK 112,370 7,454 46,770 42 15 FINANCE 267,370 47,634 128,332 48 16 LEGAL COUNSEL 155,820 14,746 61,147 39 17 PLANNING 293,510 19,258 101,217 34 18 GENERAL GOVERNMENT BUILDINGS 114,160 8,578 51,153 45 31 POLICE 1,307,140 103,288 658,968 50 32 FIRE 805,820 5,771 67,756 8 33 INSPECTION-BLDG-PLMBG-HTG 161,754 12,054 62,387 39 41 ENGINEERING 332,280 20,253 109,726 33 42 STREET MAINTENANCE 683,896 76,446 255,711 37 44 SHOP 148,120 9,533 50,462 34 46 PARK MAINTENANCE 315,940 53,890 131,019 41 48 REFUSE COLLECTION 513,550 46,850 211,219 41 61 POOL 150,300 33,050 44,556 30 64 RECREATION 198,540 14,897 85,137 43 91 UNALLOCATED 126,240 10,196 19,563 15 TOTAL GENERAL FUND 6,008,870 505,864 2,213,498 37 17 PLANNING 360,860 28,741 160,003 44 TOTAL TRANSIT 360,860 28,741 160,003 44 12 CITY ADMINISTRATOR 64,870 6,430 25,532 39 TOTAL HRA 64,870 6,430 25,532 39 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 n n /� /7�� � x 0 9 N V N 9 N A N N V N V N Q N V N V \ V 3 V \7 V 7; n LA V1 VI LA A 4- 4. 4- w w w w H L. w N r V 0% V+ w N w N r 0 Z t'' on r r r r r r r r r r r r r r n x Vo '0 'D .o 0 0 0 '0 0 0 0 .o 0 0 x Czf .o 0 %0 .o 0 0 0 '.o 0 0 0 0 .o '.o Cil n w w w w w w w w w w w w w w n 7C \ \ \ \ \ \ \ \ \ \ \ \\ \ 7; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CT 0% 0% o' 0% CT 0% of 0% 0% 0% 0% 0% 0% C CT/ \ \ \ \ \ \ \ \ \ \ \ \\ \ > C) N N N N r r r r r N N r r r r3 H N N N N 0% 0% C% 0% 0% co 0% V V V C=1 'N-3 C:1 n 70 = C=7 NV) N N N N 1A n r r-' <0<) r r <A</) <)<0 N r r 73 '=1 V V .0 0 r r VI VI VI VI w 0 N 73 <A<1) V)</) . - <0</) - - - - . . 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Co N � N '.O O' cc) A r V A l- Na 4, Vi i, sr) '.D . 0 r Vt 0 l- r Co 0 v r r V+ Cr 4, to r V+ 0 V+ V+ -J r O O V+ 0 w 0 r F O O Co O O O O -4 Co 0 0 0 'O %O 0 Cr 0 0 In 0 0 0 0 N.) * .b I)) ao fD r l3 fc TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Sale of Surplus Property DATE: July 1, 1993 Introduction Council action to accept bids on surplus property is requested. Background Council has previously declared the old sewer jetter and bucket machines surplus property. The first time these items are advertised for sale, there was no response. The second time there was one response from Flexible Pipe Tool Company. They have bid $766.00 for the bucket machines. There was no interest in the old jetter. If the jetter body is scrapped and the chassis (1952 model) sold at auction, the city should be able to get at least $1,500 on the sale. Alternatives 1. Keep old equipment. 2. Accept bid for the bucket machines and direct Public Works to scrap the jetter body and sell the cab chassis at the Hennepin County auction. Recommendation Alternative no. 2. Action Requested Move to accept the bid of Flexible Pipe Tool for the sewer bucket machines and accessories in the amount of $766.00 and direct the Public Works Department to remove and scrap the jetter body from the old sewer jetter in order to sell the chassis cab and spare parts at the Hennepin County auction this year. roSENT ct. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Task Force Membership Renewal DATE: 06 11 93 INTRODUCTION: The Shakopee Police Department wishes to continue participating as a member of in the Southwest Metro Drug Task Force. BACKGROUND: Each year, as part of the application process for the grant which provides the major part of the funding for the Southwest Metro Drug Task Force, it is necessary for the governing body of each member city or county to pass a resolution authorizing that entity to enter into a contract with Office of Drug Policy which is part of the Minnesota Department of Public Safety. ALTERNATIVES: 1. Authorize participation. 2 . Do not authorize participation. RECOMMENDATION: Alternative # 1. ACTION REQUESTED: Offer Resolution # -62 2-O authorizing the appropriate city officials to execute such agreements as are necessary to implement membership in the Southwest Metro Drug Task Force and move its adoption. cc: City Attorney SMDTF Coordinator SOUTHWEST METRO DRUG TASK FORCE P.O. Box 540 a Shakopee, Minnesota 55379 Serving the June 2, 1993 Communities of: Carver County Chief Tom Steininger Shakopee Police Department ScottCounty 476 Gorman Street McLeod County Shakopee, Minnesota 55379 Excelsior Greenwood RE: 1994 Cash Match & Resolution Tonka Bay Shorewood Dear Tom: Chaska The 1994 Grant requires the following documents . Chanhassen Please provide as soon as possible, as the grant Shakopee will be submitted the first part of July. Mound a. A resolution from. -the. governing body of the St Bonifacius county •or c.i.t1 !authc:r::zing that entity to Minnetrista enter .into .alcont.ract ��'_th .the :Departmen-: of Public Sa.fetc� Prior Lake b.. .A. cash match. .verification of..±he specific cash match commitment from each participating agency. This can be a letter of commitment, a board resolution or any form that documents the intent of the participating agency to provide the cash • match. I have attached the documents your agency provided for the 1993 grant. Please contact me if you have any concerns or questions . Sinc. ely, Sgt , lliam M Hudson • RESOLUTION NO. 3820 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING EXECUTION OF AGREEMENT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City of Shakopee shall enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force during the period from January 1, 1994 , through December 31, 1994 . The Mayor and City Clerk are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Shakopee. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: , % y-____114 17 City Attorney [RES] CO1SE11T MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County Roads 17 and 83 DATE: June 24, 1993 INTRODUCTION: Attached are two cooperative agreements with Scott County regarding the construction of County Roads 17 and 83 for City Council approval. BACKGROUND: Scott County has a cost participation policy requiring municipalities and townships to participate in funding a portion of the County road project. This policy was approved by the City of Shakopee in 1985. Due to the construction of the Shakopee Bypass and associated ramps at County Roads 17 and 83, Scott County is proposed to reconstruct County Roads D177Tand 83 ttouat4-1ion o the eurbxisting section 4- with curb and gutters, between the northerly point of Mn/DOT's sections of these roadways. According to the sewers County's cost these two projects.cipation olicy, the City must pay for 50% of all curb and gutter and storm Attached are two cooperative agreements for City Council consideration for these Road 10 unty are projects. As indicated in the agreements,3 are $45,069 91 Funding for these projecmated City costs for ts ty will come from $23,815.59 and for County Road the Storm Drainage Fund. The City Attorney has reviewed these agreements and has approved of them as written. ALTERNATIVES: 1. Authorize the execution of the two agreements. 2. Deny the request. 3. Table the request for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3823, A Resolution Authorizing the Execution of Scott County Cooperative Agreements No. 83-9203 and 17-9202 for Cost Participation in Scott County Project No. 93-83-08, County Road 83 from the Shakopee Bypass North and Scott County Project No. 70- 617-12, County Road 17 from the Shakopee Bypass North and move its adoption. DEH/pmp MEM3823 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 June 10, 1993 Asst. Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: CP 93-83-08 Dear Mr. Hutton: Enclosed are two copies of Cooperative Agreement No. 83-9203 for the above referenced project. Please have both copies signed and returned to this office. One fully executed copy will be sent to you. If you have any questions or would like additional information. please contact this office. Sincerely, Daniel M. Jobe, P.E. Design Engineer DMJ/kmg Enc. An Equal Opportunity/Affirmative Action Employer Agrea_. nt No. 83-9203 County Project No. 90-83-08 CR 83 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvements of County Road 83 from approximately 300 feet north of 12th Avenue to approximately 1450 feet North of 12th Avenue (Engineer' s Stations SB 53+50 . 00 to SB 67+38 . 00) as shown on the County Engineer' s plans for County Project 90-83-08, which improvements contemplate and include grading, aggregate base, plant-mixed bituminous surfacing, concrete curb and gutter, storm sewer, landscaping and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer' s estimate of quantities and unit prices of material and labor for the above described projects and an estimate of the total cost for contract work in the sum of Two Hundred Twelve Thousand Four Hundred Forty-two Dollars and Ninety-three cents ($212 , 442 . 93) . The sum of Forty-five Thousand Sixty- Nine Dollars and Forty-nine cents ($45 , 069 .49) has been determined to be the City of Shakopee' s cost participation for this project . 1 Agreement No. 83-9203 A copy of said estimate (marked Exhibit "A" ) is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec . 162 . 17, Subd. 1 . NOW, THEREFORE, IT IS HEREBY AGREED: I The County or its agents will advertise for bids for the work and construction of the aforesaid Project No. CP 90-83-08, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof . II The County or its agent shall administer the contract and inspect the construction of the contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work . III The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost 2 Agree...ent No. 83-9203 Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer' s Estimate referred to on Page 2 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV In addition to payment of the City' s proportionate share of the contract construction cost, the County and the City further agree to participate in the construction engineering, which includes the complete staking, inspection and supervision of the construction, in an amount of eight percent (8%) of the final contract amount . Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge . The County and the City shall participate in the cost of the storm sewer construction as per the Scott County Highway Department' s proposed "Policies for Cost Participation with Municipalities. " V The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) of the estimated City' s share of the construction and engineering costs as partial payment within thirty (30) 3 Agreement No. 83-9203 days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City' s share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County' s final, itemized, statement of the project costs . In the event the partial payment exceeds the City' s share of these final costs, such overpayment shall be returned to the City by the County. VI The County Engineer shall prepare monthly progress reports as provided in the specifications . A copy of these reports shall be furnished to the City upon request . VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities . IX The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project . 4 Agrea" nt No. 83-9203 X Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County Road 83 constructed under this project . No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees . XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, 5 Agreement No. 83-9203 allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees . XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all 6 Agreent No. 83-9203 claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of M.S. 181 . 59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 7 Agreement No. 83-9203 County Project No. 90-83-08 CR 83 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor (SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date 3y County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date K-WP51\AGRMT\COOP\R92732 04/13/92 Rev. 06/10/93 8 0 0 0 0 0 0I0I—l0 0 0 0 0 0 0l0 co I o 0 0 0 0 0 0 01 l0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 o 0 0 0 o 0 car o 0 0 0 0 0 0 0 0 0 0 o OQ 0 oel o O6 . o o, .0 O co C) co 0 0 0 ^ ^ o w U w 0- 0 0 Y I Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 Q '7 O O U) O W W O CO U. O 0 F- i= 0) ¢ F- } M Z U m m LU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CV 0 0 0 0 0 0 U) N- 0 0 0 Q 0 0 0 O tl) CV CO U) 0 0 0 0 0 U) 0 CV 0 CO O CO Ni O /. O O Q ca C) N- U) O O Q ^ CD ^ 0 0 0 0 0 ^ O N O I- Q CO Q O CO co O 0 O O n f` N co .- N Le,N- N Q O0 0 n O n O O O ^ ^ 0 ^ N O Q C7 C7 0 CO to Q ^ CO I,- C CO O CO O 0 I,. O N 0 r. N ^ CO. 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V (n . . 888 088888888888888088888888 , 40 n W a N W N 0.- N (n 0 N8 CD (n N N N O (J pg N3 0. ( . . co -I ')N Ca 0 (O (I N P C8pOO OO (TNJO (1O (iO (1 `0 $ 88 88888 . 888888888188888888 ^ m c m > 30) 0 N o o C ? 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 June 10, 1993 Asst.Highway Engineer-Design DON D.PAULSON Asst.Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: SAP 70-617-12 Dear Mr. Hutton: Enclosed are two copies of Cooperative Agreement No. 17-9202 for the above referenced project. Please have both copies signed and returned to this office. One fully executed copy will be sent to you. If you have any questions or would like additional information, please contact this office. Sincerely, Daniel M. Jobe, P.E. Design Engineer DMJ/kmg Enc. An Equal Opportunity/Affirmative Action Employer AgreeN nt No. 17-9202 State Aid Project 70-617-12 CSAH 17 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvements of County State Aid Highway 17 from Vierling Avenue to 700 feet north of Vierling Avenue (Engineer' s Stations SB 1434+00 . 00 to SB 1441+00 . 80) as shown on the County Engineer' s plans for State Aid Project 70-617-12 , which improvements contemplate and include grading, aggregate base, plant-mixed bituminous surfacing, concrete curb and gutter, storm sewer, landscaping and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer' s estimate of quantities and unit prices of material and labor for the above described projects and an estimate of the total cost for contract work in the sum of One Hundred Seventeen Thousand One Hundred Nineteen Dollars and one cent ($117 , 119 . 01) . The sum of Twenty-three Thousand Eight Hundred Fifteen Dollars and Fifty-nine cents ($23 , 815 . 59) has been determined to be the City of Shakopee' s cost participation for this project . 1 Agreement No. 17-9202 A copy of said estimate (marked Exhibit "A" ) is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162 . 17, Subd. 1 . NOW, THEREFORE, IT IS HEREBY AGREED: I The County or its agents will advertise for bids for the work and construction of the aforesaid Project No. SAP 70-617-12, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties . The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof . II The County or its agent shall administer the contract and inspect the construction of the contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. III The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer' s Estimate referred to on Page 2 of this agreement is an estimate 2 Sem., Agree.„nt No. 17-9202 of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV In addition to payment of the City' s proportionate share of the contract construction cost, the County and the City further agree to participate in the construction engineering, which includes the complete staking, inspection and supervision of the construction, in an amount of eight percent (8%) of the final contract amount . Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. The County and the City shall participate in the cost of the storm sewer construction as per recommendation of the Hydraulics Engineer of the Minnesota Department of Transportation and the Scott County Highway Department' s proposed "Policies for Cost Participation with Municipalities . " V The City shall , based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) of the estimated City' s share of the construction and engineering costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. 3 Agreement No. 17-9202 The remaining amount of the City' s share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County' s final, itemized, statement of the project costs . In the event the partial payment exceeds the City' s share of these final costs, such overpayment shall be returned to the City by the County. VI The County Engineer shall prepare monthly progress reports as provided in the specifications . A copy of these reports shall be furnished to the City upon request . VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VTTI The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. Ix The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project . 4 Agreement No. 17-9202 X Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County State Aid Highway 17 constructed under this project . No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees . XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, 5 Agreement No. 17-9202 allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees . XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all 6 ,., Agrent No. 17-9202 claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of M. S. 181 . 59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 7 Agreement No. 17-9202 State Aid Project 70-617-12 CSAH 17 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor (SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. 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U ,-, co C Lu (.n N N N N N N N N N N NN 1 N fn (n RESOLUTION NO. 3823 A Resolution Authorizing The Execution Of Scott County Cooperative Agreements No. 83-9203 And 17-902 For Cost Participation In Scott County Project No. 93-83-08, County Road 83 From The Shakopee Bypass North And Scott County Project No. 70-617-12, County Road 17 From The Shakopee Bypass North WHEREAS, Scott County has a cost participation policy which has been adopted by the City of Shakopee; and WHEREAS, Scott County desires to reconstruct County Roads 83 and 17 from the Shakopee Bypass north. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City officials are hereby authorized to execute the attached Cooperative Agreements No. 83-9203 and 17-9202 outlining the City's cost participation in these projects. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of . 1993. Mayor of the City of Shakopee ATTEST: City Clerk Appoved as to form: City Attorney ONSEN IYG MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Foothill Trail Storm Drainage Project No. 1993-2 DATE: June 29, 1993 INTRODUCTION: Attached is Resolution No. 3824 which accepts bids and awards the contract for the Foothill Trail Storm Drainage Project No. 1993-2. BACKGROUND: In March, 1993 the City Council of Shakopee ordered the drainage ditch to the east of Foothill Trail be relocated so it falls within the existing storm drainage easement. The Engineering Department has received and opened bids for this project. The low bidder is Wickenhauser Excavating at a cost of$19,775.00. The engineer's estimate was approximately $24,000.00. We have solicited references from the contractor and determined that Wickenhauser Excavating is qualified to complete the work as per the specifications. Staff is also requesting that the City Council authorize a contingency in the amount of 10% of the bid price to cover any change orders which may be required. ALTERNATIVES: 1. Accept the low bid and award the contract to Wickenhasuer Excavating, Inc. 2. Reject the low bid and award the contract to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the contract to Wickenhauser Excavating, Inc. for a total of $19,775.00. ACTION REQUESTED: 1. Offer Resolution No. 3824, A Resolution Accepting Bids on the Foothill Trail Storm Drainage Project No. 1993-2 and move its adoption. 2. Approve a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project. RESOLUTION NO. 3824 A Resolution Accepting Bids On The Foothill Trail Storm Drainage Improvements Project No. 1993-2 WHEREAS, pursuant to an advertisement for bids for the Foothill Trail Storm Drainage Improvements, Project No. 1993-2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Wickenhauser Excavating, Inc. $19,775.00 R.J. Valek Construction $55,450.00 AND WHEREAS, it appears that Wickenhauser Excavating, Inc., 350 Villa Drive, Cologne, MN 55322 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Wickenhauser Excavating, Inc., in the name of the City of Shakopee for the Foothill Trail Storm Drainage Improvements by relocating the drainage ditch into the easement according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Ca\1SENT /4/C1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer 041) SUBJECT: 1993 Street Reconstruction, Project No. 1993-7 DATE: June 29, 1993 INTRODUCTION: Attached is Resolution No. 3825, which accepts bids and awards the contract for the 1993 Street Reconstruction Project No. 1993-7. BACKGROUND: On June 1, 1993 the City Council of Shakopee authorized the advertisement for bids for the 1993 Street Reconstruction. The bids were publicly opened on June 25, 1993. The low bidder was S.M. Hentges & Sons at a cost of$1,324,060.00. The engineer's estimate for this project was approximately $1,500,000.00. S.M. Hentges& Sons has contracted several projects for the City of Shakopee and staff feels they should be able to complete the work in a timely and efficient manner. Staff realizes that time is of the essence for this project with the late start date in July. The contractor has been notified and has agreed to abide by the 14 day time limit to restore a street once the utility work is done. As a last resort, the Engineering Department may suggest to the contractor that a section of the project remain intact until spring, if the weather or other uncontrollable events prevent the contractor from completing all the streets before winter. In other words, the contractor will only open up those streets that can be covered up and paved before winter. Staff is also requesting that the City Council of Shakopee authorize a 10% contingency for use by the City Engineer in approving change orders for this project. ALTERNATIVES: 1. Accept low bid and award contract to S.M. Hentges & Sons, Inc. for a total of $1,324,060.00. 2. Reject low bid and award the contract to another bidder. 3. Reject all bids. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the contract to S.M. Hentges & Sons, Inc. ACTION REQUESTED: 1. Offer Resolution No. 3825, A Resolution Accepting the Bids on the 1993 Street Reconstruction Project No. 1993-7 and move its adoption. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project. DMN/pmp MEM3825 SHAKOPEE June 29, 1993 Mr. Steve Hentges S.M. Hentges & Sons, Inc. P.O. Box 212 Shakopee, MN 55379 RE: 1993 Street Reconstruction Program Project No. 1993-7 Dear Mr. Hentges: - The City of Shakopee is extremely concerned about the completion of the above referenced project. Please be advised that the City of Shakopee intends to strictly enforce the provisions of the contract and I would like to call your attention to the following contractual requirements: 1. Article 4 of the Special Provisions state that you will have 14 days upon completion of the utilities in any segment of the project to complete the street construction of that segment, including base course of bituminous. Failure to complete the street construction within the 14 days will result in liquidated damages for that segment. 2. Article 5 of the Special Provisions states that the base course of bituminous on all streets must be completed by October 15, 1993. The final wear course must be completed by June 15, 1994. 3. Article 6 of the Special Provisions indicate that the liquidated damages for this project are $200.00 per day for the entire project and $100.00 per day for the individual street segments. Again, please be advised that the City of Shakopee will be strictly enforcing all contractual provisions, including those cited above. Prior to the July 6, 1993 City Council meeting awarding this contract, I would like to request that a detailed schedule of how you plan on competing this project be submitted to my office. CoivIrv1u\'m'PRIDE SENCE 1857 129 Hohnr.?treet�on::it .-11,tk ree \tttlnr,nta - ._44 -Zn;i1 \\ Information that I would need to review includes a listing of the various segments you are dividing the project up into, along with starting date, completion of utilities for each segment, completion of street construction for each segment, number of crews working, final completion date, etc. It would be preferable if this information be provided to me in a bar chart. Please contact me if you have any questions or comments. Sincerely, David E. Hutton, P.E. Public Works Director DEH/pmp HENTGES cc: Bret Weiss 06-29-1993 09:14AM FROM TO 4456718 P.02 Iiiiiiiiiiigh\ SM Hentges &Sons Inc. P. O. BOX 212 SHAKOPEE, MN. 55379 '‘•SI AkOPEE MN. 34S-:004 (612) 445-7004 `�rQ?lE5•TRUCV.' June 29, 1993 Dave Hutton Director of Public Works City Hall 129 South Holmes Shakopee, MN 55379 Re: 1993 Street Reconstruction Program Street and Utility Construction City Project No. 1993-7 Dear Dave, We propose to construct this project in an orderly fashion, removing enough of the existing street to facilitate utility construction and upon completing the utilities, finish the street to include the base course of bituminous. By doing the construction in this manner we hope to minimize the disruption for the residents and have open just enough to keep our crew(s) operating and meet the specified completion schedule. We would like to start on Naumkeage and continue on Fourth Avenue with the first crew. when the second crew becomes available we will proceed with additional construction per you direction. We look forward to working with your office again this year. - -rely, • Kephart hief Estimator GENERAL CONTRACTOR SEWER & WATER, EXCAVATING, SITE DEVELOPING, TRUCKING & HEAVY EQUIPMENT MOVING RESOLUTION NO. 3825 A Resolution Accepting Bids On The 1993 Street Reconstruction Project No. 1993-7 WHEREAS, pursuant to an advertisement for bids for the 1993 Street Reconstruction Project No. 1993-7, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges & Sons $1,324,060.00 S.J. Louis Construction $1,382,898.00 C.S. McCrossan Construction $1,476,058.93 Arcon Construction $1,563,800.57 Barbarossa & Sons $1,593,322.05 Northdale Construction $1,626,003.00 Ryan Contracting $1,630,390.00 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., P.O. Box 212, Shakopee, MN 55379 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges& Sons, Inc., in the name of the City of Shakopee for the 1993 Street Reconstruction Project improvements including pavement, curb& gutter, sidewalks, storm sewer, utilities and all the necessary appurtenances according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CCSEI\JT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shakopee Bypass so DATE: June 28, 1993 INTRODUCTION: Attached is Resolution No. 3827, authorizing the appropriate City officials to execute a Temporary Permit to Construct for City owned property along County Road (C.R.) 15 for the Shakopee Bypass. BACKGROUND: As part of the Shakopee Bypass construction, C.R. 15 between the Bypass and 12th Avenue will be realigned and reconstructed to a 4-lane road. Because of the proposed construction, Mn/DOT needs additional easements along the east side of C.R. 15 from City owned property. specifically, property located within Tahpah Park and Outlot E of South Parkview 1st Addition. Mn/DOT is currently in the process of obtaining appraisals on this property for purposes of negotiating the easement acquisition with the City of Shakopee. Because the City is in the process of bidding the Upper Valley Drainageway and Bypass Drainage Project and since Mn/DOT's policy is to have all right-of-way obtained prior to bidding, the easement acquisition may once again delay the drainage project. One way to avoid any further delays and to meet Mn/DOT policy, is to sign a Temporary Permit to Construct to allow construction to occur prior to the land transaction being completed. This permit does not jeopardize or comprise the City's portion in any way regarding the property acquisition negotiations. Attached is Resolution No. 3827, authorizing the execution of this permit. ALTERNATIVES: 1. Approve the request. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. The drainage project has already been delayed several times. At the June 15, 1993 meeting the Council ordered the bids on this project. Additional delays in the drainage project would not be in the best interest of the City or developers who need the drainageway for development. ACTION REQUESTED: Offer Resolution No. 3827, A Resolution Authorizing the Appropriate City Officials to Execute the Attached Temporary Permits to Construct and move its adoption. DEH/pmp MEM3827 Rin/DOT 36622 (5-89) S.P. 7005 Parcel 48 County of Scott TEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 101 in Scott County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Scott County, Minnesota, described as follows: Pt. SE 1/4 of SE 1/4 Section 11, Township 115N, Range 23W and Pt. Outlot E, South Parkview 1st Addition as indicated in red on the attached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to~ construct, maintain and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301 (4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: Title: Title: Title: RESOLUTION NO. 3827 A Resolution Authorizing The Appropriate City Officials To Execute The Attached Temporary Permit To Construct WHEREAS, the Minnesota Department of Transportation desires to reconstruct County Road 15 as part of the Shakopee Bypass; and WHEREAS, as part of this construction, additional easements are needed from the City of Shakopee as shown on the attached exhibit; and WHEREAS, the City Council understands that the execution of this permit in no way jeopardizes or comprises any damages to which the City may be entitled to pursuant to eminent domain action by the Minnesota Department of Transportation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City officials are hereby authorized to execute the attached Temporary Permit to Construct with the Minnesota Department of Transportation. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JULY 6, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Recess for H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8 ] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9 ] Approval of the Minutes of June 9th and 15th, 1993 10] Communications: a] Carla Distad, St. John's Evangelical Lutheran Church, regarding "Clean Rivers Team" project 11] 7 : 00 P.M. PUBLIC HEARING on an appeal from Bituminous Materials Inc. on Condition #8 contained in their conditional use permit to operate an asphalt plant at the J. L. Shiely property at 6896 Hwy. 101 12 ] Boards and Commissions' Recommendations: Planning Commission: a] Conditional Use Permit No. PC-593 : Terminal Transport b] Amendment to Zoning Ordinance to Allow Wood Preservation Facilities With A Conditional Use Permit In An I-1 Zone, Universal Forest Products - tabled 6/15 Cable Communications Advisory Commission: *c] Cable Rate Regulation TENTATIVE AGENDA July 6, 1993 Page -2- 13 ] Reports from Staff: a] Vacant Police Sergeancy b] 1993-94 Clerical, Custodial, Technical Employees Contract - bring 6/15 agenda item lla *c] 1992 Auditor Comment Follow Up *d] Flag Pole - Former City Hall Building *e] Stop Sign Request - 4th Avenue & Market Street *f] Valley. Park 11th Addition - License Agreement With Chicago and Northwestern Transportation Company g] Ice Arena Design h] St. Francis Hospital Sewer Petition - Res. No. 3828 *i] Shakopee Derby Days *j ] Approve Bills in the Amount of $597, 594 . 18 *k] Sale of Surplus Property 14 ] Resolutions and Ordinances: *a] Res. No. 3820 - Authorizing Execution of Agreement *b] Res. No. 3823 - Authorizing Execution of Agreements With Scott County for Construction of CR-83 and CR-17 From The Bypass North *c] Res. No. 3824 - Accepting Bids on Foothill Trail Storm Drainage Improvements, 1993-2 *d] Res. No. 3825 - Accepting Bids on 1993 Street Recon- struction Project No. 1993-7 *e] Res. No. 3827 - Authorizing Execution of Temporary Permits To Construct Along CR-15 Between The Bypass and 12th Avenue 15] Other Business: a] b] c] 16 ] Recess for Executive Session to discuss collective bargaining 17 ] Re-convene 18] Adjourn to Tuesday, July 13 , 1993 at 7 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting July 6 , 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of June 1, 1993 Minutes 3 . Rutt Land Transaction 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 1, 1993 Chairman Beard called the meeting to order at 7 : 04 p.m. with Commissioners Vierling, Sweeney, and Mayor Laurent present . Commissioner Lynch arrived at 7 : 06 p.m. Also present : Dennis R.Kraft, Executive Director; Karen Marty, City Attorney; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. Sweeny/Vierling moved to approve the May 4, 1993 minutes. Motion carried unanimously. Commission Lynch entered and took her seat . Ms . Marty updated the Commissioners on the registering of the property being sold to Mr. Rutt . She stated that if everything goes well the process should be completed within the next three months . She explained the need to extend the date for the closing on the sale of the property for an additional three months. Sweeney/Laurent moved to extend the closing date in the purchase agreement with Mr. Rutt for an additional three months until August 27, 1993 . Motion carried unanimously. Chairman Beard adjourned the meeting at 7 : 07 p.m. Dennis R. Kraft Executive Director Judith S. Cox Recording Secretary H e9 MEMO TO: Dennis R. Kraft, Shakopee HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Rutt Land Transaction DATE: June 29, 1993 INTRODUCTION: Mr. David Rutt has requested that the Shakopee HRA take whatever steps are necessary for an immediate title transfer to occur in regard to the property that he is acquiring from the HRA adjacent to 5th Avenue and Market Street . BACKGROUND: In February of 1992 the Shakopee HRA approved a purchase offer submitted by Mr. Rutt for the property adjacent to the 5th Avenue/Market St . Project . The original closing date for the property discussed herein was set for May 31, 1992 . The closing date has been pushed back on several occasions due to problems that the City experienced in obtaining clear title to the property. In order to secure clear title, the torrens process was initiated. The torrens process is not expected to be complete before August 27, 1993 . To complicate matters, the HRA may remember that the City of Shakopee originally acquired the property through a condemnation process . Both the Shakopee City Council and Shakopee HRA had previously agreed to convey the property from the City to the Shakopee HRA. The condemnation award for the property that was paid by the City equated to $54, 000 . 00 . The Shakopee City Council has not officially approved conveyance of the property to the Shakopee HRA. The actual conveyance of the property from the City to the Shakopee HRA did not occur as a result of the cloud on the title that was discovered at about the same time the HRA was negotiating the sale of the property to Mr. Rutt . Technically speaking then, the proper course of action that must take place is for a conveyance of property to occur between the City of Shakopee and the Shakopee HRA. Once that process is completed then the HRA can complete the sale of property to Mr. Rutt . Mr. Rutt has suggested that the HRA escrow money for the torrens process with the title insurance company insuring the title so that the closing can occur on the property as soon as possible . Mr. Rutt expected to develop the property in 1992 . He already has completed the preliminary and final plat for the property. I have attempted to contact the law firm completing the torrens process for the City in an attempt to determine what needs to be done in order for a conveyance of property to occur between the City, the HRA and Mr. Rutt . I have also attempted to contact the title insurance company that Mr. Rutt is using to determine if they have any ideas in terms of expediting the closing of the property given the fact that the torrens process is incomplete. At the meeting on July 6, 1993 the City Attorney will be prepared to discuss possible options regarding this matter. At this point, I believe it would be premature for the City to convey title to the HRA or to Mr. Rutt without having the torrens process complete. I understand that this has placed Mr. Rutt in a difficult position. Therefore, one option that immediately comes to mind is to release Mr. Rutt from the purchase agreement and reimburse him for out of pocket expenses occurred in this land transaction if he is not willing to wait for the torrens process to be completed. I have been unable to reach Mr. Rutt regarding this option. However, I tend to believe that he is still interested in acquiring the property. Staff will be prepared to make a firm recommendation for the HRA' s consideration at the July 6, 1993 meeting. At this time, further information is needed in order to prepare a sound recommendation. ALTERNATIVES: 1 . Authorize the appropriate HRA officials to execute the necessary documents pertaining to the acquisition of approximately 3 . 2 acres of property from the City of Shakopee adjacent to the 5th Avenue and Market Street Project in the amount of $54, 000 . 2 . Authorize the appropriate HRA officials to take the necessary steps to close on the sale of property to Mr. Rutt in as timely manner as possible. 3 . Allow the torrens process to proceed and complete the land transaction following the completion of the torrens process . 4 . Release Mr. Rutt from the purchase agreement and provide for reimbursement of all out of pocket expenses incurred by Mr. Rutt in completing the preliminary and final plat . 5 . Withhold action until further information can be obtained and presented to the HRA STAFF RECOMMENDATION: Staff recommends alternatives #5 . ACTION REQUESTED: Staff is researching possible alternatives and will be prepared to make a recommendation for HRA consideration at the July 6, 1993 meeting. BAS/tiv OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 9, 1993 Acting Mayor Joan Lynch called the meeting to order at 5: 00 P.M. with Councilmembers Gloria Vierling and Robert Sweeney present. Councilmember Michael Beard and Mayor Gary Laurent were absent. Also present: Dennis R. Kraft, City Administrator; Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk. Acting Mayor Lynch stated that the purpose of the meeting is to award the sale of $2, 690, 000 General Obligation Tax Increment Refunding Bonds. Mr. Dave MacGillivray, Springsted Inc. , advised the City Council of the bids received. He explained that by refunding the 1989-A and 1989-B issues the City will save over $217, 000 in interest over the life of the bonds. He recommended awarding the bid to Firstar Bank Milwaukee, N.A. at a net interest rate of 4 . 5955%. Sweeney/Vierling Offered Resolution No. 3809, A Resolution Authorizing Issuance, Awarding Sale, Prescribing The Form And Details And Providing For The Payment of $2 , 675, 000 General Obligation Tax Increment Refunding Bonds, Series 1993A, and moved its adoption. Motion carried unanimously. Vierling/Sweeney moved to adjourn to Tuesday, June 15, 1993 at 7: 00 P.M. The meeting adjourned at approximately 5 : 15 P.M. 1 141a 6 . 0/26 ith S. Cox y Clerk ecording Secretary