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08/17/1993
TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 17, 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] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of August 3 , 1993 8] Communications: None 9) 7 : 00 P.M. Public Hearings: a] Vacation of the Northerly 17 feet of 10th Avenue lying South of 971 Miller Street - Res. No. 3845 b] Appeal of Planning Commission denial of a conditional use permit to allow some retail sales on Heavy Industrial property located at 4110 Valley Industrial Blvd. S. 10] Boards and Commissions: Planning Commission: a] Final Plat of The Meadows 9th Addition located east of CR-79 and west of CR-17 - Res. No. 3843 b] Final Planned Unit Development of Westridge Bay Estates II and Preliminary Plat - Res. No. 3844 Park & Recreation Advisory Board: *c] Establishing A Policy For Accepting Gifts For Parks, Res. No. 3849 TENTATIVE AGENDA August 17, 1993 Page -2- 11) Reports from Staff: a] Jerry's Bar Liquor License Violations - Res. No. 3842 *b) Applications for On Sale and Sunday Liquor Licenses from Springers On Main (formerly Cheers 2 Ya) - table c] Rescue Boat Replacement - tabled 8/3/93 *d] 1993-94 Police Officer Union Contracts *e) 1993-94 Police Sergeant Union Contracts *f) Sewer Construction and Maintenance Agreement *g) Extension of Time to Record Final Plat of Market Place *h) Approve Bills in the Amount of $363 , 120.53 i] Public Works Storage Yard Landscaping Screening *j ) Cooperative Purchasing Agreement & Night Depository Services Contract *k] Sewer T.V. Camera 1) 1993 Street Reconstruction m) Downtown Alley Project *n) Industrial Park Drainage Improvements *o] Joint Powers Agreement with St. Louis Park for Health Facility Revenue Bonds - Res. No. 3850 12] Resolutions and Ordinances: *a] Res. No. 3846 - Apportioning Special Assessments for Parcel No. 27-148004-0 *b] Res. No. 3847 - Apportioning Special Assessments for Valley Park 11th Addition *c] Res. No. 3848 - Ordering Feasibility Report for Alley In Block 48 *d] Res. No. 3840 - Awarding Bids For Bypass Drainage and Upper Valley Drainage, Project 1993-3 *e] Res. No. 3851 - Amending 1993 Budget 13 ) Other Business: a) Set date for budget worksession b] c) d] 14 ) Recess for Executive Session to discuss collective bargaining 15) Re-convene 16) Adjourn Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council a;(3u7 FROM: Dennis R. Kraft, City Administrator � RE: Non-Agenda Informational Items /. ) _ di DATE: August 13, 1993 1 . Attached is the Police Newsletter for Council : 2 . Attached is a memorandum from the City Cl corrections to City Council minutes of July 20th. 3 . Attached is the Building Activity Report for July. 4 . Attached is the Notice of Filings Open for City Councilpersons and Mayor. 5 . Attached is a memorandum from the Building Official regarding lead water service pipe at 404 East First Avenue. 6 . Attached is a copy of the second quarter newsletter from the Minnesota Police Recruitment System for your review. 7 . Attached is a copy of the Thank you card from the Hector Cox family. 8. Attached is the Board of Adjustments and Appeals minutes of August 5, 1993 . 9 . Attached is the Planning Commission minutes of August 5, 1993 . 10. Attached are the revenue and expenditure reports for July 31, 1993 . 11. Attached is the Shakopee Public Utilities Commission minutes of July 6, 1993 . MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk / RE: Corrections to City Council Minutes of July 20th DATE: August 6, 1993 I have made changes to the Minutes of July 20th as indicated on the attached excerpts from the Minutes. I apologize for not reviewing the minutes earlier after returning from my vacation. Upon checking with the City Attorney, I was advised to make the corrections and advise City Council of the corrections. If any Councilmember desires to handle the housekeeping change differently, please put the matter on the Council agenda under Other Business. c o c.'T" 1E D 20, 1993 Official Proceedings of the JulyJ0- Shakopee City Council age Cncl. Sweeney commentedhe at he oningould not ordinanceste in favor of are being rewrittenxt amendments as long as ode ich Ms. Marty informed Councilof Section 1104 of the Citbetween when an amendmentCunderh requires that six months passthe Code is wholly and partially voted down and the time you can bring it back. Therefore, she suggested tabling this item until November in order to bring it back at that time. Mr. Hutton appeared at this time. Beard moved to table this matter until the first regular scheduled meeting in November. Motion failed for lack of second. Cncl . Beard commented that he dlike to see needed to looktats theswhole iness remain in Shakopee and that Council situation and help these businesses. Vierling/Beard moved to table until the first meeting in November. Motion carried with Cncl . Lynch and Sweeney dissenting. Mr. Ekola gave a presentation on the amendment requested to allow wood preservation facilities in the I-i District . Hemmnted d that there were four additional requirements added to protect environment . w . -Sweeney/Lynch offered Ordinance No. 359, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Land Use e e ulation (Zoning) , Section 11 . 32 . Light Indus ) by pg Subdivision in Lieu 3, Conditional Uses, and Enacting One New Thereof, Relating to the Same Subject, and moved its adoption. Cncl . Sweeney wanted to speak against the mo ion •y stating that he did not want to make any changes to the ordinance until the entire ordinance is rewritten. Cncl . Vierling stated that commentedno hat she would be sis to be changed upporting the y the Zoning Advisory Committee. She motion. Cncl . Beard stated that s e would also C the that using the conditionalp the City could control what was going on and to review the project every year. Mr. Jim Scheible, Universal Forest Products, stated that he would like to remain in ShaStaff to prepareee to do ness thisand that amendmente and asked been working closely with Council to approve it . oD 20, 1993 Official Proceedings of the JulyJ0- age Shakopee City Council Cncl. Sweeney commented thahe zoninuld not g ordinancese in favor of any are being rewrittenxt amendments as long as the ordinances Ms . Marty informed Council of Section 1104 of the City Code which requires that six months pass o d down hen and the timean myou canebring r the Code is wholly and partially it back. Therefore, she suggested tabling this item until November in order to bring it back at that time. Mr. Hutton appeared at this time. Beard moved to table this matter until the first regular scheduled meeting in November. Motion failed for lack of second. Cncl . Beard commented ttat he a Councildneed d to look to see tats theswhole iness remain in Shakopee andQh situation and help these businesses. Vierling/Beard moved to ale an the Sweeney first dissenting. November. Motion carried with Cncl . Lynch Mr. Ekola gave a presentation on the amendment requested to alw wood preservation facilities in the�Yemebts trict .added to He comlo mt ted that there were four additional requ__ environment . -'�—� ---Sweeney/Lynch offered Ordinance No. 358, and moved its adoption. Cncl. Sweeney wanted to speak against the motion by stating that he did not want to make any changes to the ordinance until the entire ordinance is rewritten. Cncl . Vierling stated that no zoning is to be changed by the Zoning Advisory Committee. She commented that she would be supporting the motion. Cncl . Beard stated that he would lsp spe eak for that using the conditional use permits the Cy eouldcorol what was going on and to review the project every year. Mr. Jim Scheible, Universal Forest Products, stated that he would been like to remain in Shakopee to do repareness thisand that amendments and asked working closely with Staff to prepare Council to approve it . Mayor Laurent commented that he would be voting in favor of the amendment since the fact the process of redoing the zoning ordinance was going on is not the applicant' s fault . C c) k 1: L. C T a- 0 Official Proceedings of the July 20, 1993 Shakopee City Council Page -4- that the shows usually start about 8 : 00 and end around 10 :30, 11 : 00 PM, usually dictated by the artist. He stated that the shows would run from Memorial Day to Labor Day and only about 30 shows a year. Mr. Reichow informed Council that Ladbroke would be willing to give the Racing Commission back the Class A License if the amphitheater went through in Shakopee. Ms. Marty explained the differences between a PUD and Conditional Use Permits. Sweeney/Beard offered Ordinance No. 358, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Land Use Regulation (Zoning) , of the City Code, Section 11 . 36, Race Track District, By Deleting Subd. 2, Uses Permitted By Planned Unit Development (PUD) , and Enacting One New Subdivision in Lieu Thereof,Seeey asked Relating to to speak Same Subject, and moved its adoption. against the motion. Mr. Dana Dougherty, Director of Thoroughbred Association, commented that he would like Ladbroke to continue looking for supporters in the racing business. Mr. Rod Krass, representing the Thoroughbred Association, stated that they did not want to lose the racing district and that there are 7 other zones that a conditional use could be used to allow the amphitheater. Mr. Daniel Milsweth, Red Wing Horseman, requested Council to keep Canterbury Downs in the racing district . He also submitted some petitions to the Council of citizens who want the race track continued. Cncl . Lynch asked the Thoroughbred Association representatives how long they would perceive to keep the track available for future use if this amendment was turned down. Mr. Dougherty commented that if Ladbroke did not gain the vote of the Council for the amphitheater then Ladbroke would continue to negotiate with HBPA to conduct racing in ' 94 . Mr. Tom Knutson, West St. Paul, served on the Racing Commission, stated why in his opinion Ladbroke no longer has a license to race live . Mr. Tom Goodspeed, 207 Atwood Street, stated that as far as traffic concerns, that would be resolved by the new highway, there would be little crime due to police and security, little sound due to sound walls . He stated that it would not only be rock and roll concerts, but also country, etc . He stated there are many benefits including the ice arena, the jobs and the tax base. 20, 1993 Official Proceedings of the JulyJ0- Shakopee City Council age Mr. Reichow informed Council that Ladbroke would be willing to give the Racing Commission back the Class A License if the amphitheater went through in Shakopee. Ms. Marty explained the differences between a PUD and Conditional Use Permits. �.� Sweeney/Beard offered Ordinance No. 385, and moved its adoption. Cncl. Sweeney asked to speak against the motion. -. Mr. Dana Dougherty, Director of Thoroughbred Association, commented that he would like Ladbroke to continue looking for supporters in the racing business. Mr. Rod Krass, representing the Thoroughbred Association, stated that they did zones that a conditionalusedistrict be used and there tonot want to lose the allow 7 other the are amphitheater. Mr. Daniel Milsweth, Red Wing Horseman, requested Council to keep Canterbury Downs in the racing district . He also submitted some petitions to the Council of citizens who want the race track continued. resentatives how n . Lynchey aleerceivehe oto keen the track availabred Association le for future use long they wouldp if this amendment was turned down. Mr. Dougherty commented the amphitheater Ladbroke the Council for n Ladb oke would continue to negotiate with HBPA to conduct racing in ' 94 . Mr. Tom Knutson, West St. Paul, served on the Racing Commission, stated why in his opinion Ladbroke no longer has a license to race live. Mr. Tom Goodspeed, 207 Atwood Street, stated that as far as traffic concerns, that would be resolved by the new highway, there would be little crime due to police and security, little sound due to sound walls. He stated that it •would not only be rock and roll concerts, but also country, etc. He stated there are many benefits including the ice arena, the jobs and the tax base. Mr. Curt Olson, 620 McDevitt Circle, commentedtraffic problems reet and peddlers that follow the bands, the noise, in favor of the drunk driving possibilities. conference center, but not the amphitheater would be Ms. Katherine Kincs, 2860 Eagle Creek, was concerned about the noise abatement since the homes are 50 feet or more above the flat plane that Canterbury Downs is on. She was also concerned about the property value of their home. 3 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JULY 1993 July 1993 July 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. 41 0 5, 651,9 Single Family-Sewered 17 87 7 , 305,772 11 7 70 5, 651,941 Single Family-Septic 3 16 1, 888 , 548 2 Multiple Dwellings 2 13 2 , 093 , 322 1 10 1, 030,322 (# Units) (YTD Units) (8) (34) (2) 20 ) - 10 52 11 57 284 , 301t 207,751 Dwelling Additions Other - 9 31,731 2 6 13 ,950 3 8, 635, 000 - 1 85, 000 New Comm. Bldgs 59 , 750 - 1 80, 000 Comm. Bldg. Addns. - 3 159 , 750 - - - New Industrial-Sewered - -1 2 , 549 , 300 - - - Ind. Sewered Addns. - _ _ - New Industrial-Septic - - - - - - Accessory/Garages Ind. Septic Addns. - - 2 22 384 , 970 10 21 197 , 154 ,305 Signs & Fences 10 60 91, 601 6 1 40 73 31, 305 Fireplaces/Wood Stoves 2 4 8, 700 11, 500 2 7 537 , 060 Grading/Foundation 1 3 - - _ - Moving - 47 , 213 Razing - 7 73 , 813 - Remodeling (Res. ) 3 17 91, 273 2 21 70,358 Remodeling (Comm/Ind. ) 4 35 2 , 375, 108 4 23 1, 676,900 TOTAL 55 337 25,984, 689 50 268 11, 321,859 No. YTD. No. YTD. Electrical 54 359 49 278 7 Plumbing & Heating 61 391 40 319 Total dwelling units in City after completion of all construction permitted to date 4,929 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1993 10071 Daniel Oas 1290 Emerald Lane Fence 700 10072 LeRoy Sign Co. 1100 Shakopee Town Sq. Sign 20, 000 10073 Stan Pint 610 East 5th Avenue Remodel 12 , 182 10074 Mark Neu 933 Goldenrod Lane Deck 1, 512 10075 George's Const. 1308 11th Avenue East Deck 1,470 10076 Novak Fleck 1407 Primrose Lane House 74, 452 L 5 B 4, Meadows 8th 10077 Dalles Properties 1900-1912 Vierling Dr.E. Townhouses 304, 000 , L1-4 B 4, Dalles Townhome 10078 Detail Home Bldrs. 1212 Granite Court House 92, 000 L 2 B 2 , Heritage Place 4th 10079 Laurent Builders 1905 W. 11th Avenue House 67, 000 L 15 B 1, Minn. Valley 7th 10080 Flood Bros. Inc. 735 E. 1st Avenue Grading 7, 000 10081 Doug Loebertmann 1427 Prairie Lane Fence 1, 500 10082 Scott Wenisch 1280 Sapphire Lane Fence 200 10083 Rick Hennes 1040 Pierce Street Deck 1, 428 10084 Earl Zacharias 8937 13th Avenue E. Addition 7,488 10085 Dale Tiedeken 1540 Roundhouse Circle Deck 700 10086 Gerold Bros. Const. 965 C. R. 78 House 152, 000 L 1 B 8, Beckrich Park Estates 10087 Ken Chermak 595 So. Main Street Porch/Deck 7,520 10088 Laurent Builders 1153 Polk Street House 60, 000 L 6 B 2, Minn. Valley 7th 10089 Detail Home Bldrs. 1272 Granite Court House 76, 900 L 8 B 2, Heritage Place 4th 10090 Novak Fleck 1309 Thistle Lane House 73, 203 L 2 B 3 , Meadows 8th 10091 Corporate Finishes Shakopee Town Square Remodel 230, 000 10092 Montgomery Design/Build 2003 Pike Lake Road House 87, 278 L 3 B 1, Meadowbrook Run 10093 Met-Con Companies 889 Valley Park Drive Slab/Wall 5,400 10094 William Horne 2057 Murphy Avenue Fence 400 91, 286 10095 Detail Home Bldrs. 2045 SBGranite,age eriteHouse Place 4th 10096 Elmer Otto 1057 Eastview Circle Fence 196 10097 Brenda Ward 807 Larkspur Court Fence 2 , 338 10098 James Boone 728 Dakota Circle Remodel 596 1054 Primrose Lane Deck 1, 568 10099 Gregory Motter T 10100 Detail Home Bldrs. 1985BGraniteite DrivePlace 4House 85, 000 4 t 10101 Al Herrmann Const. 1414 8 PrimrosesedLa ne8th House 95,470 L s 10102 T. C. Construction 133B 2Thistle ledLaLane 8th House 88,670 L 4 s 10103 E & G Builders 718 So. Atwood Garage 11, 500 10104 Lawrence Lake 1126 Quincy Street Remodel 6, 300 10105 Rich Logeais 1381 Thistle Lane House 71,986 L 11 B 3 , Meadows 8th 10106 Novak Fleck 1325 Thistle Lane House 77, 000 L 4 B 3 , Meadows 8th 10107 Vanessa Lynn Duong 1516 Roundhouse Circle Deck 1,400 10108 Craig LaFaver 1211 Clover Court Fireplace 3,000 10109 James Jaggars 440 East 4th Avenue Fence 116 10110 Joseph Klehr Const. 725 So. Scott Street Addn. /Garage 21, 000 10111 Robert Jasper 1133 Shawmut Street Deck 500 House 100, 636 L13 B 10112 Detail Home Bldrs. 247 ranite Court 2, Heritage Place 4th 10113 Detail Home Bldrs. L095BGi, HeritagePlace 4th ite rive House 100, 636 10114 Viereck Fireplace 630 East 5th Avenue Fireplace 2, 000 10115 Dauenhauer Const. 943 So. Pierce Porch 12, 000 10116 Void 10117 Bryant Wagner 1171 Minnesota Street Deck 3 , 024 10118 Tom Skraba 2080 Eaglewood Lane House 118, 000 L 7 B 1, Eaglewood 3rd 10119 Greystone Construction 441 West 1st Avenue Awning/Sign 9, 000 10120 Stephen Urbanski 936 Aster Lane Fence 200 10121 Menke Construction 605-617 Milwaukee Road Townhouses 246, 000 L 1-4 B 4, Milwaukee Manor 10122 Detail Home Bldrs. 2065 Granite Drive House 107, 755 L 8 B 1, Heritage Place 4th 10123 Laurent Builders 1112 Polk Street House 64, 000 L 11 B 1, Minn. Valley 7th 10124 Scott Ricketts 918 Goldenrod Lane Deck 2, 200 10125 Paul Schwaesdall 125 E. 3rd Avenue Remodel 35, 000 10126 Detail Home Bldrs. 1257 Granite Court House 85, 029 L 12 B 2, Heritage Place 4th Total: $2, 727,739 NOT I C E FILINGS OPEN CITY OF SHAKOPEE Notice is hereby given that affidavits of candidacy may be filed in my office at 129 Holmes Street South between 8 :00 a.m. and 4 :30 p.m. beginning Tuesday, August 24th and ending Tuesday, September 7th for the office of : 1 Mayor - two year term 2 Councilpersons - four year term Dated this 2nd day of August, 1993 . Judith S. Cox City Clerk City of Shakopee MINNESOTA POLICE RECRUITMENT SYSTEM SECOND QUARTER NEWSLETTER The purpose of this Newsletter is to summarize for the Board of Directors major activities of the MPRS for the period between April 1 and June 30, 1993. Placements During the second quarter only six placements were made through the MPRS. Communities making such placements were Blaine, New Brighton, Plymouth and St. Anthony. This brings to twenty-two the number of placements made through the System this year. In addition, at the end of the quarter seven communities were in the process of interviewing candidates for a total of eight positions. 1994 Fees In accordance with the policy adopted at the last annual meeting of the MPRS Board of Directors, the 1994 Proposed Budget will include an increase in the placement fee approximating the increase in cost-of-living for the Minneapolis- St. Paul metropolitan area from July, 1992 to July, 1993. This figure is not yet available, but it is assumed to be about 3%. Thus, a placement fee of$825 will be included in the Proposed Budget. No increase in the annual membership fee is being proposed. Lawsuits The MPRS and its attorney would like to thank members' staffs for their prompt response to plaintiffs' Interrogatories and Requests for the Production of Documents in the Starks and Fields lawsuits. At this point in time nearly all MPRS members have submitted the requested material to the System. It is anticipated that discovery in this matter will continue through the end of August. In the past we have noted our inability to establish any meaningful contact with the plaintiffs' attorney, Jeffrey Anderson. We also have noted that prior to initiating these lawsuits Mr. Anderson had no contact with the System and made no effort to obtain information regarding the validity of the MPRS testing process. In this regard, an article describing Mr. Anderson's similar conduct in another case recently appeared in the Star-Tribune. Enclosed is a copy of this article. • ARTICLE FROM JUNE 26, 1993 STAR—TRIBUNE (page 1) Clergy abuse suit • .- :::: . story was made up, Roach says. p By Martha Sawyer Allen son of St. Paul, and said they may take legal' Staff Writer action against him for pursuing what they de-: scribed as a"frivolous"case. . A lawsuit that accused Bishop Gerald O'Keefe of Davenport, Iowa. of sexually abusing two "The real villain here is the attorney who tbok women in the 1960s while serving as a priest in this case to court," said O'Keefe's lawyer, Fat= the Twin Cities has been dismissed because the rick Schiltz. '-' Y. women made up the story, Archbishop John Roach said Friday. Anderson was in Chicago yesterday, his office . said,and could not be reached for comment'..• In announcing the dismissal of the suit, attor- neys for O'Keefe and the Archdiocese of St. Schiltz said Anderson,who has a national'repu-' Paul and Minneapolis took the unusual step of denouncing the women's lawyer,Jeffrey Ander- Bishop continued on page 11A Bishop 'I do not blame the women,' Contiptned from page IA tatiori'Tirt pursuing clergy sex abuse Bishop O'Keefe says in letter cases,particularly against the Roman Catholic Church, filed the suit The following are excerpts from by a satanic cult and that she against O'Keefe and the Archdiocese Bishop Gerald O'Keefe's letter had contact with a UFO. Both of St. Paul and Minneapolis in April to Catholics in his Diocese of women have repeatedly said 1992 without making basic checks of Davenport, Iowa: that they have trouble distin- the facts. ' guishing real memories from "I want to tell you just a few false ones. "Bishop O'Keefe got the suit in the details about the litigation so mail without even so much as a that you will have no doubt "While I therefore harbor no an- phone call beforehand," said Schiltz, about my innocence.We discov- ger toward these women, I am who defends churches and clerics in ered that both of the women appalled at the conduct of their sexual misconduct cases. Schiltz said who had accused me of sexual attorney.This attorney knew O'Keefe was out of the country dur- abuse have long histories of dis- very well that there were many ing some of the times the women honest and criminal behavior. In reasons to doubt the women's contended that he molested them. the course of this litigation, both stories. Had this attorney con- women made sworn statements tacted me, I would have given Schiltz said he and the two women that were false and withheld evi- him information that would have who accused O'Keefe(who have nev- dence from us. . . . In describing left no doubt in his mind about er been identified publicly) are con- their alleged abuse,the women my innocence. . . . sidering bringing complaints of pro- accused me of doing things that fessional misconduct against Ander- were literally impossible in loca- "I was accused of abusing my son and against a therapist who tions that did not exist and at power as a priest.The only pow- counseled the women. He would not times that I was most likely not er th wasentrabuseded hmed re wasmbers of elaborate. even in the United States. power the legal profession.. . . I ask for "I've handled 350 cases of clergy sex- "I do not blame the women for your continued prayers as I en- ual misconduct, and I've never seen making these allegations.We ter retirethe womero ask k you to a for such a frivolous case. I believe that if have learned that both women pray c- it were against anyone other than a are very sick. . . . Both apparent- cused me and for all those who Roman Catholic bishop, [Anderson] ly suffer from multiple personal- have suffered sexual abuse and would not have brought it,"he said. ity disorder. . .One of the wom- mental illness." en believes that she was abused . • The first suit, filed on behalf of Jane Z. Doe, was dismissed May 4 in Ramsey County District Court. "It was the plaintiffs' attorney who Judge Michael DeCourcy signed dis- dragged these women through the missal orders Monday for the second process. The people who should be lawsuit,filed on behalf of G.G. Doe. the most angry are true victims themselves. A case like this gives Schlitz and Andrew Eisenzimmer, ammunition to people who want to the archdiocese's attorney, both con- believe that [clergy sex abuse] tended that the therapist, whom they doesn't happen." did not name, was responsible for planting false memories in both The Roman Catholic Church in the women. The women are both men- United States has been riven by a tally ill, the lawyers said, and were growing number of clergy sexual led to conclude things that never abuse cases. Two bishops have re- happened.They had claimed in their signed amid such allegations and di- suits that O'Keefe abused them as oceses have paid millions of.dollars children while he served as rector of to abuse victims. the St. Paul Cathedral from 1961-66. Anderson has filed numerous suits The dropping of the suits"is a mixed against the Twin Cities archdiocese, blessing for me,"said O'Keefe, 75, in and the animosity between him and a letter released yesterday by Roach. local church officials is palpable. • "I am obviously relieved that the litigation has ended. At the same Responding to questions, the attor- time, I am disappointed that I will neys for the church yesterday dis- not have the opportunity to prove in cussed the incidence of false accusa- court that the allegations are false." tions made against priests. Eisen- zimmer, the archdiocese's attorney, Roach and O'Keefe have been said that he is seeing a "very small friends for 50 years, and when the fraction" of cases built on false suits were filed, Roach called a news memories. conference to personally defend the bishop against the charges. "We're seeing it nationally, the sug- gestion that some things just aren't He said that calling yesterday's news accurate," he said. "These things are conference was unusual. But since so often hard to determine.A person the accusations against O'Keefe had can become confused. It's frighten- been widely publicized, he said: "I ing because the therapeutic commu- hope that the dismissal of those nity is involved." charges will receive equal treatment." Roach said that he has watched He said he considered carefully what O'Keefe suffer through the 16 action to take, because he wanted to months since the suits were filed. clear his friend's name but did not want to make it sound as if the "We're going to be together in Oma- archdiocese was backing off from its ha later today [for installation of a policy of aggressively investigating new archbishop] and I can assure complaints of clergy sexual miscon- you there will be a lot of rejoicing duct. among our brother bishops," he - said. "We could give into temptation here and say'Ha, ha, see there,' but that's "Many of us have known Bishop a luxury we can't afford," Roach O'Keefe as a kind and spiritual man said."We don't want this to color in of integrity. We are delighted, but any way our response to victims of not surprised, that he has been vin- abuse. We want to be as responsive dicated of the charges brought as we can be to all those cases, but against him. Not only was there no this is the best illustration of a false evidence to support the claims, but accusation that does happen." there is strong reason to question why some investigation and evalua- Schiltz said Anderson and a thera- tion was not done before the claims pist, who he contends planted false were filed." memories in the women's minds, put • O'Keefe and the women through 16 months of needless pain and suffer- ing. aloin /kid aedaeon, 71i ii).144) /rli A p j_ii,-2,1;i1-_, ..--=...,...E.,..-::,.::4-47 i::..-„:„.-..........:::..-:._,,-,:....c.,Is.-.&...-.,..r.:::::::,::„...,,,-..:. t 0.,..,) 54f.APcs.,,./..),(-i,k, of „,;,,,,,r„.„7 ...0... /4.4a . . .. ,,,(1..uti.A... . . c3-( el.1 Aye -ea ,11••P/u - J / ' . (- xt,,.$,\ Q..0r)C., I _.J F OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS P Regular Session Shakopee, Minnesota August 5, 1993 MEMBERS PRESENT: Mars, Madigan, Kelly, Joos, Zak, Christensen, and Spurrier MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, City Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 30 P.M. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JULY 8, 1993 MEETING MINUTES Comm. Joos requested that Item IV. of the July 8, 1993 , meeting minutes be revised to read, "Vice Chrmn. Kelly" instead of "Chrmn. Mars" . The meeting minutes were approved as amended, with Comm. Spurrier and Mars abstaining from the vote due to their absence from the meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars. recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. ADJOURNMENT The meeting adjourned at 7 : 32 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota August 5, 1993 MEMBERS PRESENT: Joos, Madigan, Kelly, Zak, and Christensen, Mars and Spurrier MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 32 P.M. The roll call was taken as noted above. II. APPROVAL OF AGENDA The City Planner requested that the agenda be amended to add an update on the Chaska Interceptor as Agenda Item No. 11.C, and to set a public hearing date for a Comprehensive Plan Amendment as Agenda Item No. 11.D. The agenda was approved as amended. III. APPROVAL OF THE JULY 8TH MEETING MINUTES The minutes of the July 8, 1993, meeting were approved as presented, with Comm. Spurrier and Mars abstaining from the vote due to their absence from the meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER THE FINAL DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT AND THE PRELIMINARY PLAT OF WESTRIDGE BAY ESTATES II Chrmn. Joos introduced the Final Development Plan for the Planned Unit Development, and opened the public hearing for the proposed Preliminary Plat. The City Planner provided a brief presentation on the proposed project. He introduced the requested variance which would reduce the setback for the placement of buildings on the islands. He also commented on the four detailed plans to be approved by the Planning Commission, prior to approval of the Final Development Plan by the City Council. He noted that staff recommended approval of all four plans. Minutes of the Page 2 Shakopee Planning Commission August 5, 1993 Commissioner Spurrier asked the following four questions: 1. Why was the variance needed now? 2 . Will the covenants be reviewed by the City? 3 . A request for clarification on the western street access to CR 14 . 4 . What is the status of the Grading and Drainage Plan and the Stormwater Management Plan? Mr. Ekola responded to the first three questions. He noted that the applicant has further studied building pad sizes and placement on the two Chessen islands. The driveway, septic tank, drain field, and well and their required setbacks create considerable limitations on the location of an adequately sized building pad. He noted that it was appropriate for the developer to request a variance with the PUD process. Mr. Ekola noted that the City Attorney will review the recently submitted covenants. He noted that further comments on the street access to CR 14 had recently been received by the Scott County Highway Dept. An acceptable design solution for this intersection has been reached by the County with the developer. The City Engineer commented that all the required plans for the stormwater management and grading have been submitted and reviewed. The applicant is nearing the completion of this review process. Only a few minor changes will need to be made to the plans. Commissioner Mars questioned what would happen if the calculations for park dedication fees resulted in a higher than average fee. Mr. Ekola commented that the City has not encountered this situation but that an appraisal could be performed if it were. The applicant, Mr. Darrel Gonyea, addressed the 75' setback variance request. He noted that the Planning Commission had previously recommended approval of the 75' setback. He further discussed the building pad placement issues. Mr. Gonyea noted that he and his engineer have worked closely with the County Highway Dept. in resolving the access to CR 14 on the western side of the development. Chrmn. Joos noted that consideration for VA loans should be made early in the process for the common well requirements. Comm. Spurrier questioned the design requirement for the two private drives to the each lot on the Chessen Islands. He asked if the driveways were to be a paved or graveled surface. Minutes of the Page- 3 pint 5, 1993 Shakopee Planning Commission The applicant responded that with the cost of the bridge and the lots on the islands he felt that the driveway would be constructed of a high quality. Comm. Spurrier suggested that a portion of the driveway toe the island on an easement across another property be paved order to provide a more durable roadway surface. The applicant agreed to the paving of this portion of the driveway. Motion: Comm. Christensen/Mars moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak moved to recommend to the City Council the approval of the Final Development Plan for the Planned Unit Development and the Preliminary Plat of Westridge Bay Estates II , subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The following variances are approved: A. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the lots on the two islands (Lot 1 of Block 6 and Lot 1 of Block 7) . Private streets shall be paved and shall be maintained by a Homeowners Association. Minutes of the Shakopee Planning Commission APage- 4 August5, 1993 B. A variance to Section 12 . 07 , Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul-de-sac street up to 3 , 200 feet in length. C. A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. D. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. E. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. F. A variance to Section 11. 35, Subd. 7 .B is approved to reduce the minimum distance of the two driveways providing access to the lots on the islands to be no less than twenty-five feet from the ordinary high water mark. G. A 25' variance to Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. A minimum setback of 75 feet is required for Lot 1, Block 6, and Lot 1, Block 7 . 4 . The applicant shall implement restrictive covenants for the development of the two islands to ensure neutral or earth tone colors for the homes on those lots, and that a buffer of natural, unmown vegetation within 50' of the shore be maintained. Selective cutting to provide one 20' wide access to one dock per lot shall be allowed. 5. The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 6. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. Minutes of the Page- 5 Shakopee Planning Commission August 5, 1993 7 . The number of single family residential lots is limited to a maximum of 59. The maximum number of lots on the peninsula and two islands shall be 15. Only one lot will be allowed on each island. 8 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 9 . No direct access from lots to CSAH 14 will be permitted. 10. No trees or monuments will be permitted within the right- of-way of CSAH 14 . 11 . No raising of water levels within the right-of-way of CSAH 14 will be permitted. 12 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 13 . The applicant shall provide a revised Final Development Plan which renames the six (6) wetlands as "Wetland A" through "Wetland F" . 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 15. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 16. Access from a County Road requires an approved County Entrance Permit. 17 . A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 18 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval by the City Council: A. The Wetlands Mitigation Plan B. Dredging activities in O'Dowd Lake. Minutes of thePage- 6 Shakopee Planning Commission August 5, 1993 C. Bridges providing access to the two islands. D. Residential development on the two islands. E. Boat docks. 19. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 20. Approval of the Final Development Plan is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. 21. Approval of the Final Development Plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive, and the County Engineer's approval of the design of the intersection. 22 . Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: A. The Preliminary Grading and Drainage Plan; B. The Erosion Control Plan; C. The Stormwater Management Plan, including the stormwater calculations; and D. The Final Construction Plans for all public improvements. 23 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which provides 50 feet of right-of-way dedication along CSAH 14 . 24 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which adjusts the lot lines adjacent to Lot 5, Lot 7 , Lot 14 , and Lot 15, Block 5, to allow these lots to meet the minimum lot width of 150 feet as approved by variance with the Preliminary Development Plan. 25. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 26. The portions of the driveways to the Chessen islands which cross Lots 11 and 13 of Block 5 shall be paved as approved by the City Engineer. Minutes of the Page 7 Shakopee Planning Commission August 5, 1993 Vote: Motion carried unanimously. VI. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW STRUCTURES IN EXCESS OF 35' IN HEIGHT Chrmn. Joos reopened the public hearing for the proposed Conditional Use Permit. He brought to the attention of the Planning Commission a letter on the table from Mr. John O'Loughlin requesting that the public hearing regarding this request be delayed until after 9 : 15 to allow his attendance at the hearing. Motion: Comm. Zak/Kelly moved to continue the public hearing until later in the meeting after 9: 15 P.M. Vote: Motion carried unanimously. VII. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW FILL IN A FLOODWAY IN HUBER PARK Chrmn. Joos re-opened the public hearing regarding an application for a Conditional Use Permit to allow fill in a floodway in Huber Park. The Assistant Planner stated that the City is requesting that the Planning Commission continue the public hearing regarding this request to the November 4 , 1993 , meeting to allow time to obtain additional survey information. Motion: Comm. Mars/Zak offered a motion to continue the public hearing regarding this request to the November 4 , 1993 , meeting of the Planning Commission. Vote: The motion was approved unanimously. VIII VACATION: TO CONSIDER THE VACATION OF A 17 FOOT WIDE PORTION OF THE 10TH AVENUE RIGHT-OF-WAY, LOCATED SOUTH OF 971 MILLER STREET - JEFFREY D. & BECKY BOLDT. Chrmn. Joos introduced the proposed vacation. The Assistant City Planner stated that the City has received a petition requesting the vacation of a portion of the 10th Avenue right-of-way from Jeffrey and Becky Boldt. The petitioners are requesting that the City vacate the 17' by 152 . 32' portion of the 10th Avenue right-of-way located directly south of their residence at 971 Miller Street. The petition that was submitted by the Boldts was signed by all Minutes of the Page 8 Shakopee Planning Commission August 5, 1993 four of the property owners which reside to the north, south, east, and west of the subject site. She stated that the portion of 10th Avenue that is being considered for vacation has an existing street width of 44 feet. There is approximately 28 feet of boulevard on each side of the street. Vacating this 17' by 152 . 32' portion of the 10th Avenue right-of-way as requested by the applicant, would reduce the right-of-way width to 83 feet, and would provide a continuance of an additional 17 feet of private yard for the subject site, and yet approximately 11 feet of boulevard space would remain for utilities, signs, snow removal, etc. The Assistant City Planner stated that City staff has contacted various utilities for their comments on the proposed vacation. Both U. S. West and Minnegasco have commented that they have existing utilities within this portion of 10th Avenue, and have requested that, if the vacation is approved, the entire area that is currently right-of-way be reserved as an easement. She stated that staff is recommending the approval of the vacation request, while reserving drainage and utility easements within the current 10th Avenue right-of-way area to protect the existing utilities. Clarification on the location of the proposed vacation was requested by Comm. Christensen. Discussion on a previous vacation of a portion of 10th Avenue took place. Chrmn. Joos requested that the applicant address the Planning Commission. Mr. Jeffrey Boldt, 971 South Miller Street, approached the podium and explained his reasons for the request. Motion: Comm. Mars/Spurrier moved to recommend approval of the vacation to the City Council, while reserving drainage and utility easements within the current 10th Avenue right-of-way area to protect the existing utilities. Vote: Motion carried unanimously. IX. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF THE MEADOWS 9TH ADDITION, LOCATED EAST OF CR 79 AND WEST OF CR 17 - GOLD NUGGET DEVELOPMENT. Chrmn. Joos introduced the proposed final plat. The Assistant City Planner stated that Gold Nugget Development has submitted an Application for Approval of the Final Plat of Minutes of the Page- 9 August 5, 1993 Shakopee Planning Commission The Meadows 9th Addition. it contains 66 residential lots and one outlot on 28.49 acres. The area is zoned Urban Residential. She said that since this plat is located adjacent to the proposed Highway 101 Bypass, noise mitigation measures are required to protect the future residents. The applicant has submitted a noise analysis performed by Pioneer Engineering. Although the noise analysis recommended a number of methods to protect the insides of the structures, it did not recommend the construction of any type of continuous barrier (berm or wall) along the south boundary of the site to reduce the noise impact to the maximum nighttime 55 dBA sound level. Staff has recommended a condition requiring that the developer construct a noise mitigation barrier along the south side of the plat to reduce the noise impact from the bypass. The City also requested that the MNPCA review the noise analysis. In your agenda packets is a letter from Charlie Kennedy, Noise Program Coordinator for the MNPCA which expresses support for the recommended noise mitigation. She added that staff is recommending the approval of the Final Plat of The Meadows, 9th Addition, subject to 11 conditions. Chrmn. Joos requested the applicant to address the Commission. Mr. Paul Cherney, Pioneer Engineering, approached the podium to represent Gold Nugget Development. He stated that the noise issues regarding the TH 101 bypass were not raised during the Preliminary Plat process, nor during the process for the Environmental Assessment Worksheet. He stated that the City has only a 70 dBA requirement, while the Minnesota Pollution Control Agency has more stringent requirements. He felt that these issues should have been raised when the Preliminary Plat was proposed and not brought up at this time. Comm. Kelly explained to Mr. Cherney that the noise limitation requirements of the Minnesota Pollution Control Agency supersede those of the City's. The City Planner stated that the permits for the TH 101 Bypass have already been approved based upon the land use at that time. He added that the request for approval of The Meadows 9th Addition is coming in after the approval of the TH 101 Bypass. Chrmn. Joos stated that it would be best to rectify the situation now, rather than wait for complaints from future residents. Discussion on methods of achieving the maximum 55 dBA requirement took place. Minutes of the Page-10 Shakopee Planning Commission August 5, 1993 The City Planner brought the letter from the Minnesota Pollution Control Agency to the attention of the Planning Commission. He stated that the letter states that it is the responsibility of the City to enforce the 55 dBA requirements. He added that staff is requesting a recommendation from the Planning Commission to the City Council at this time, and that staff will try to work with the applicant to try to identify noise mitigation measures prior to the City Council meeting. Comm. Spurrier asked why the applicant is requesting a one year waiver to install the iron monuments. The City Planner stated that Minnesota state law now allows for a one year delay in setting of the iron monuments to allow for mass grading, provided a bond or letter of credit is posted to ensure compliance with the one year time frame. Motion: Comm. Mars/Madigan moved to recommend to the City Council the approval of the Final Plat for The Meadows 9th Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. A total of three (3) street signs will be required. f. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. Minutes of the Page-11 August 5, 1993 Shakopee Planning Commission g. The applicant shall dedicate Outlot A to the City for parkland dedication, as per the Preliminary Plat. The park dedication requirement for The Meadows 9th Addition is 2 .85 acres (10%) . This amount, less the dedication of Outlot A for parkland (4 .7 acres) , less the parkland dedication credit of 1. 2054 acres which resulted from the 8th Addition, results in a park dedication requirement credit of 3 . 0554 acres. This land dedication shall be credited to the parkland dedication requirements for future developments of the plat. h. The applicant shall construct an 8' bituminous trail within Outlot A between Lot 13 , Block 4 , The Meadows 8th Addition, and the proposed Lot 1, Block 4 , The Meadows 9th Addition, to provide a connection between the proposed parkland and the proposed intersection of Primrose Lane and Lupine Court, as designated in the preliminary plat. i. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall post a bond or letter or credit to ensure compliance within the one year time frame. 3 . The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the proposed noise mitigation plan prior to the recording of the Final Plat. 4 . The applicant shall incorporate noise mitigation features into the design of the homes within this addition. Homes within the zone of excessive noise will be constructed according to the standards of the Department of Housing and Urban Development (HUD) using triple-paned windows, central air-conditioning, and 2 ' x 6' construction as a means to reduce ambient noise within the homes to levels acceptable by the Minnesota Pollution Control Agency. 5. The developer shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development. The maximum nighttime sound level shall be 55 DBA (L10) . 6. The developer shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. Minutes of the Page-12 August 5, 1993 Shakopee Planning Commission 7 . If part of the plat is abstract, and part of the plat is torrens, the applicant shall provide a revised final plat which shows this division. 8 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (6 lots) . Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 9 . Prior to the recording of the Final Plat, all repairs required by the City shall be made to the Upper Valley Drainageway, and the City shall formally accept the ditch and ponds. 10. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 11. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. Vote: Motion carried unanimously. X. ANNUAL REVIEW: THE SHIELY COMPANY - RESOLUTION NO. 375 - CONDITIONAL USE PERMIT AND MINERAL EXTRACTION AND LAND REHABILITATION PERMIT. Chrmn. Joos introduced the annual review for The Shiely Company. The Assistant City Planner stated that in 1985, the Planning Commission issued Conditional Use Permit No. 375 to the Shiely Company for their mining operation on east Highway 101. The Planning Commission approved the renewal of this permit in May of 1991, and added four additional conditions. The plan of operation submitted for the renewal in 1991 was adopted as the mining permit, and the Shiely Company must carry out its operation in compliance with this plan, as well as the conditions of the Conditional Use Permit. She stated that staff inspected the site on July 29th to review Shiely's compliance with the conditions of the permit and the 1991 plan of operation. Other than the three small items that were discussed in the staff report, staff found no evidence to indicate that The Shiely Company is not complying with conditions of the permit. She added that staff recommends approval of the annual review of the Mineral Extraction and Land Reclamation Permit No. 375, Page- 13 Minutes of the Auguste 13 Shakopee Planning Commission and its subsequent amendments, subject to the replacement of the missing portions of the fence on the north side of the site, and the application of dust control measures when necessary. Chrmn. Joos requested that the applicant approach the Planning Commission. Mr. Bob Bieraugel of The Shiely Company,approached the Steve Giereke, the Shakopee Plant Manager, app podium. Comm. Mars asked if the applicants have removed all of the overburden from their westerly site. Mr. Bieraugel stated that the overburden has not been touched as yet. He added that there have been two small changes to their Shakopee operation since their review one year ago. In the beginning of July, they purchased additional property to the south west of their current site. In addition, they have placed a wash plant on the site. Mr. Bieraugel provided maps to staff and the Planning Commission which showed the locations of both of these items. Discussion on past mining moratoriums and the deletion of mining as a Conditional Use within the Agricultural (AG) and Rural Residential (R-1) Zoning Districts took place. The City Planner reminded the Commissioners that the Shiely site is located within the Heavy Industrial (I-2) Zoning District. Discussion regarding whether or not the additional property and the wash plant would be considered an approved portion of the original permit took place. Mr. Bieraugel stated that an amendment to the Conditional Use Permit would be required in order to mine their recently acquired property. He explained that their screening process is the same as previously, however, with the addition of the wash plant, they now wash the stone. Comm. Zak requested that a representative of The Shiely Company, a hydrologist, and Comm. Zak get together to discuss the pumping of water from the City of Shakopee into the Minnesota River. Motion: Comm. Christensen/Mars moved to approve the annual review of the Mineral Extraction and Land Reclamation Permit No. 375, and its subsequent amendments, subject to the replacement of the missing portions of the fence on the north side of the site, the application of dust control measures when necessary, and that the applicant include a review of the accessory wash plant in its application for renewal. Vote: Motion carried unanimously. Minutes of the Page-14 August 5, 1993 Shakopee Planning Commission At 8: 55 P.M. , the Planning Commission recessed for a five minute break. The meeting reconvened at 9: 00 P.M. XI. CONDIC HEING ITIONAL USE PERMIT CONTINUED:TOALLOW STRU TURES APPLICATION TO CONSIDER CONDINEXCESS OF 35' IN HEIGHT Chrmn. Joos reopened the public hearing for the proposed Conditional Use Permit. The Assistant City Planner stated that at the July 8th meeting, the Planning Commission opened the public hearing for this request. They continued the public hearing to tonight's meeting to allow the applicant to provide additional information to the affected property owners. She stated that additional information that has been provided by Mr. McGoldrick has been included in the staff report. Included are letters that were sent to the affected landowners, an areal photograph of the site, and a letter from Mr. McGoldrick which discusses recent visits with affected property owners. She added that there was also a discussion on the location options that were reviewed prior to choosing the site. Those involved in this review concluded that the chosen site would minimize the impact upon the environment. She stated that staff is recommending approval of the request for a Conditional Use Permit for structures in excess of 35 feet in height. She added that Mr. Bill McGoldrick is here again tonight representing Cooperative Power and to answer questions from the Commission. Chrmn. Joos asked the applicant to approach the Planning Commission. Mr. Bill McGoldrick, representing Cooperative Power, approached the podium. He stated that he has met with e of the thecpP their discussions went pretty wellh nobody . is aboutproject, Comm. Spurrier requested clarification on the location of the site due to his absence from the last meeting. He asked why this utility does not follow a highway corridor. Mr. McGoldrick stated that the location of the proposed substation was chosen because the service needed to be there. He added that they could not run the lines down CR 83 due to the proposed widening and improvements to the road, and because of future industrial developments. Minutes of the Page-15 August 5, 1993 Shakopee Planning Commission Chrmn. Joos expressed concern over the environmental impact of the proposed project, such as the loss of air space, site lines, d that benefits nefitsr to the Mdewakantoo n Dakota hCommun Community candoncerned toabout thethe City of Prior Lake at the expense of 65' towers crossing the yards of residents of the City of Shakopee. Comm. Spurrier stated that people expect highways to be utility corridors, and that one of the purposes of highway right-of-ways are to contain utilities. He stated that this type of proposal devalues properties and is injurious to the land owners. He added that a highway corridor, such as CR 83 , would be more appropriate. Mr. McGoldrick clarified that a federal highway is not intended to be used as a utility corridor. Mr. John O'Loughlin, 2988 Valley View Road, Shakopee, approached the podium. He stated that the Mdewakanton Dakota Community are the ones benefitting from the proposed project. He added that there are alternative sites available. Mr. Don McKush, 15279 Howard Lake Road, Prior Lake, stated that he appreciates the concerns of the Planning Commission, and believes that the applicant is working hard on the behalf of the affected land owners. He stated that alternative sites are available, and that CR 83 currently has power lines anyway. Mr. Craig Turner, Minnesota Valley Electric in Jordan, responded by stating that citing the project along CR 83 would require the condemnation of property and the eviction of residents. He stated that Vina Dolan would need to be evicted due to the placement of her home. He added that the City of Shakopee has already requested service from the proposed substation. Shakopee needs a new substation in that area, and that there is a definite benefit to the City of Shakopee. Mr. Jim Hiser, Cooperative Power, stated that it is unfortunate that a high power electric line has to be over 35' in height for safety reasons due to the swag in the line between the poles. Comm. Christensen stated that the last bit of testimony helped her make her decision. She commented that the commissioners had been considering roads and not the people. Also, that the excess height is necessary in order to comply with other safety requirements. Motion: Comm. Mars/Madigan moved to close the public hearing. Minutes of the Page-16 August 5, 1993 Shakopee Planning Commission Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak offered Resolution No. PC-664 , a Resolution Approving a Conditional Use Permit for Structures in Excess of 35 Feet in Height. Vote: Motion failed with 1 vote in favor, and 6 votes in opposition to the adoption of the resolution. Comm. Spurrier commented that he wanted the minutes to reflect the Planning Commission's reasons for denial of the request, and provided the following reasons: 1. That the height of the structures would be visually objectionable; 2 . The height of the structures would devalue the rural residential properties; and 3 . Concern about the placement of these facilities in what will be future interior lots within rural residential properties. Chrmn. Joos provided the following objections to the proposed overheight structures: 1 . The height of the structures would be detrimental to the environment due to the loss of old trees that are aesthetically pleasing; and 2 . Objections to cutting off the tops of the trees to accommodate the lines. Motion: Comm. Spurrier/Mars offered a motion to deny the request for the Conditional Use Permit for structures in excess of 35 feet in height. Vote: Motion was approved with six votes in favor of the motion, and Comm. Christensen in opposition. XII. OTHER BUSINESS: A. 1994 - 1998 Capital Improvement Program. The City Planner gave a brief overview on the 1994 - 1998 Capital Improvement Program (CIP) . He noted the organization of the CIP, its purpose, and the focus of the 1994 Capital Budget Projects. Comm. Spurrier questioned the impact of the urban section design on the proposed county roads and the cost forced on the City. Minutes of the August 5, 1993Page-17 7 Shakopee Planning Commission The City Engineer reviewed the four proposed county road projects in the 1994 Capital Improvement Budget. He noted that the Scott County Highway Dept. determines which portions of county roads would require a urban design section. He added that an urban design section requires City participation in terms of funding. Comm. Spurrier commented on the county road designs being elevated and the effects it has on driveways onto private properties in the City of Shakopee. He identified this as being one design concern. The City Engineer further reviewed the cost participation policy and related issues. Comm. Kelly commented on the CR 18 project. He noted the impact of the City spending $250, 000 for the urban design sections which would benefit relatively few number of its citizens. He commented that the urban design section is due to the County not wanting to acquire the necessary additional right-of-way for the rural design section. He felt that the appropriation of money by the City for the urban design sections for county roads was a bad expenditure. The City Engineer identified that the County Board has decided to improve CR 18 with four lanes. He added that the City Council is aware of this decision. Comm. Kelly questioned with respect to the expenditure County/State Aid Funds the requirement of the City to approve the plans for the proposed county road projects. He noted that the City could deny the signing off of the plans. The City Engineer noted that the City Council is aware of this authority. He added that they voted to not hold up the plans. Additional discussion was made on the street which would connect CSAH 18 with the old CR 18 . Comm. Spurrier questioned the Harrison St. project and why not vacate this particular right-of-way. The City Engineer responded by stating that both the Harrison St. and Pierce St. projects could possibly be vacated. He noted that in the feasibility study process the City staff would address the possible vacation issues. Minutes of the Page-18 August 5, 1993 Shakopee Planning Commission Comm. Spurrier questioned the proposed time frames for the construction of various segments of Vierling Dr. He felt that access to the mall from Hwy 169 needs to occur as soon as possible. The City Engineer noted that the Planning Commission can make a recommendation to the City Council which would move up various segments of Vierling Dr. in the CIP. Comm. Spurrier questioned the ADA requirement for sidewalks. The City Engineer identified that curb ramps will be included into the annual sidewalk repair program. The Planning Commission reviewed and discussed with staff all other CIP categories. Motion: Comm. Spurrier/Madigan offered a motion to recommend the approval of the proposed 1994 -1998 Capital Improvement Program to the City Council with project A20, Vierling Drive from Polk Street to the mall be moved to 1994 . Vote: Motion carried unanimously. B. Meeting Procedures - Consent Agenda. The City Planner stated that no action is required to begin the use of a Consent Agenda due to the previous scussion ensued on the adoption of lcy thatn 1986.would bel placed on the Consent typess of f approvals Agenda. C. Update on the Chaska Interceptor. The City Planner provided a summary on the progress of the Chaska Interceptor. No action from the Planning Commission was required. D. Set public hearing date for Comprehensive Plan Amendment. Discussion on a public hearing date took place. However, the Planning Commission decided to delay the setting of this public hearing date until their next regular meeting on September 9, 1993 . XIII ADJOURNMENT. The meeting adjourned at 11: 26 P.M. CITY OF SHAKOPEE REVENUE REPORT ...,AS OF 07/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED _____----_ = _ FUND 001 GENERAL FUND 3100 PROPERTY TAx 2,357,630.00 0.00 1,163,985.13 -1,193,644.87 49.37 3102 TAX INCREMENT 0.00 0.00 23,870.95 23,870.95 0.00 3104 FISCAL DISPARITIES 318,380.00 0.00 102,777.43 -215,602.57 32.28 3140 LODGING TAX 75,000.00 8,715.16 35,109.11 -39,890.89 46.81 SUBTOTAL TAXES $2,751,010.00 $8,715.16 $1,325,742.62 S-1,425,267.38 48.19 3212 CABLE FRANCHISE 36,000.00 9,877.32 29,242.78 -6,757.22 81.23 3215 TRACK FRANCHISE 0.00 0.00 0.00 0.00 0.00 3220 LIQUOR LICENSE 62,000.00 0.00 49,157.00 -12,843.00 79.29 3221 BEER LICENSE 4,500.00 205.00 4,697.00 197.00 104.38 3223 CIGARETTE LICENSE 800.00 0.00 30.00 -770.00 3.75 3229 MISC BUSINESS PERMITS 600.00 0.00 1,375.00 775.00 229.17 3240 BUILDING PERMITS 150,000.00 15,692.47 122,110.93 -27,889.07 81.41 3241 PLUMBING PERMITS 24,000.00 8,190.91 22,927.68 -1,072.32 95.53 3242 MECHANICAL PERMITS 10,160.00 1,421.75 8,482.42 -1,677.58 83.49 3243 ELECTRICAL PERMITS 25,060.00 2,612.00 18,214.06 -6,845.94 72.68 3244 SEWAGE SYSTEM PERMITS 0.00 75.00 675.00 675.00 0.00 3245 SEWER & WATER PERMITS 3,500.00 420.00 2,790.00 -710.00 79.71 3250 STREET OPENING PERMITS 2,500.00 625.00 4,400.00 1,900.00 176.00 3260 DOG LICENSES 300.00 10.00 176.00 -124.00 58.67 3270 MISC. NON-BUSINESS PERMITS 0.00 85.00 85.00 85.00 0.00 SUBTOTAL LICENSES & PERMITS $319,420.00 $39,214.45 $264,362.87 S-55,057.13 82.76 3341 LGA 147,220.00 73,614.00 73,614.00 -73,606.00 50.00 3342 HACA 417,230.00 208,873.50 208,873.50 -208,356.50 50.06 3343 MOBILE HOME 800.00 0.00 95.38 -704.62 11.92 3346 POLICE TRAINING REIMBURSEMENT 6,500.00 0.00 0.00 -6,500.00 0.00 3348 STATE AID - MAINT 18,200.00 41,265.60 92,847.60 74,647.60 510.15 3351 STATE AID - POLICE 76,000.00 0.00 0.00 -76,000.00 0.00 3361 AGGREGATE 8,000.00 0.00 3,989.26 -4,010.74 49.87 SUBTOTAL INTERGOVERNMENTAL REVENUE 5673,950.00 $323,753.10 $379,419.74 S-294,530.26 56.30 3404 ADMINISTRATIVE CHARGES 70,400.00 1,049.83 9,604.18 -60,795.82 13.64 3406 PLAN CHECK 87,600.00 8,847.88 58,023.49 -29,576.51 66.24 3407 SALE OF DOCUMENTS 4,000.00 787.20 3,265.65 -734.35 81.64 3408 ASSESSMENT SEARCHES 2,200.00 890.00 3,430.00 1,230.00 155.91 3409 RELEASE OF DEVELOPER AGREEMENT 0.00 70.00 190.00 190.00 0.00 3410 COMPREHENSIVE PLAN FEE 0.00 0.00 100.00 100.00 0.00 3411 LAND DIVISION ADMINISTRATION 8,000.00 1,735.00 14,251.22 6,251.22 178.14 3420 POLICE SERVICES 12,600.00 360.00 10,746.00 -1,854.00 85.29 3421 FIRE SERVICES 25,000.00 0.00 8,025.00 -16,975.00 32.10 - CITY OF SHAKOPEE REVENUE REPORT Page 2 AS OF 07/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED 3424 POUND FINES & FEES =---- 1,200.00 0.00 632.00 -568.00 52.67 3425 VALLEY FAIR 11,000.00 34302AEARL 0.00 12,336.48 1,336.48 112.15 2,000.00 3,212.30 5,877.78 3,877.78 293.89 3432 PUBLIC WORKS RENTAL 0.00 3433 MISC PUBLIC WORKS 0.00 751.00 751.00 0.00 2,500.00 608.00 3,236.54 736.54 129.46 3435 ENGINEERING FEE 306,580.00 -624.00 98,428.65 3436 ENGINEERING GRADE FEE -208,151.35 32.11 2,000.00 285.00 2,124.00 124.00 106.20 3450 REFUSE CHARGES 520,000.00 41,575.11 3452 REFUSE COUPONS 237,454.18 -282,545.82 45.66 0.00 1,116.25 7,777.50 7,777.50 0.00 3470 POOL SEASON TICKETS 16,000.00 1,333.00 3471 POOL ADMISSIONS 16,104.00 104.00 100.65 20,000.00 8,049.30 11,739.30 -8,260.70 58.70 3472 POOL SWIMMING LESSONS 10,000.00 1,779.50 3473 POOL SLIDE FEES 7,676.50 -2,323.50 76.77 11,000.00 3,694.00 4,715.00 -6,285.00 42.86 3477 YOUTH ACTIVITIES 39,190.00 3,402.15 3478 ADULT ACTIVITIES 28,253.77 -10,936.23 72.09 37,700.00 23,400.00 27,706.00 -9,994.00 73.49 3479 CONCESSIONS 10,500.00 4,160.60 3481 NON-RESIDENT FEE 6'478'68 -4.021.32 61.70 2,500.00 150.00 -805.00 -3,305.00 -32.20 3489 NON-RESIDENT FEE/TOWNSHIP PYMT 3,300.00 0.00 3490 OTHER RECREATION FEES 20.00 -3,280.00 0.61 5,900.00 363.00 3,065.00 -2,835.00 51.95 SUBTOTAL CHARGES FOR SERVICES $1,211,170.00 $106,244.12 $581,206.92 S-629,963.08 47.99 3500 FINES & FORFEITS 102,000.00 6,135.74 34,294.49 -67,705.51 33.62 SUBTOTAL FINES & FORFEITS $102,000.00 $6,135.74 $34,294.49 $-67,705.51 33.62 3620 MISCELLANEOUS 20,000.00 600.00 3621 INTEREST 3,720.15 -16,279.85 18.60 100,000.00 0.00 798.91 -99,201.09 0.80 3622 RENTS 2,220.00 1,985.00 3623 CONTRIBUTIONS 5,629.00 3,409.00 253.56 8,000.00 0.00 5,470.00 -2,530.00 68.38 SUBTOTAL MISCELLANEOUS $130,220.00 $2,585.00 $15,618.06 $-114,601.94 11.99 3920 OPERATING TRANSFERS 889,400.00 0.00 0.00 -889,400.00 0.00 3921 TRANSFER FROM ELECTRIC FUND 274,384.00 20,032.00 120,192.00 -154,192.00 43.80 SUBTOTAL TRANSFERS IN $1,163,784.00 $20,032.00 $120,192.00 $-1,043,592.00 10.33 3980 SALE OF FIXED ASSETS 0.00 0.00 2,340.00 2,340.00 0.00 SUBTOTAL SALE OF ASSETS $0.00 $0.00 $2,340.00 $2,340.00 0.00 FUND GENERAL FUND TOTAL $6,351,554.00 $506,679.57 $2,723,176.70 $-3,628,377.30 42.87 CITY OF SHAKOPEE EXPENSE REPORT AS OF 07/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND 001 GENERAL FUND 4101 WAGES FT REG 2,244,856.00 - 266,530.01 1,310,581.86 -934,274.14 58.38 4102 OVERTIME-FT 47,300.00 3,309.45 24,322.66 -22,977.34 51.42 4110 WAGES - TEMP 273,494.00 46,344.15 101,361.08 -172,132.92 37.06 4111 OVERTIME-TEMP 1,000.00 26.82 26.82 -973.18 2.68 4121 PERA 162,835.00 18,615.83 94,101.80 -68,733.20 57.79 4122 ;ICA 124,303.00 15,722.67 70,141.42 -54,161.58 56.43 412. =IRE PENSION 25,200.00 6,245.00 6,245.00 -18,955.00 24.78 4125 'EDICARE 4,729.00 0.00 0.00 -4,729.00 0.00 4131 iEALTH & LIFE 218,925.00 17,456.80 94,616.53 -124,308.47 43.22 4142 UNEMPLOYMENT 0.00 17.32 30.31 30.31 0.00 4151 WORKERS COMPENSATION 83,448.00 0.00 71,330.00 -12,118.00 85.48 4170 COMPENSATED ABSENCES 23,400.00 0.00 0.00 -23,400.00 0.00 SUBTOTAL PERSONNEL SERVICES $3,209,490.00 $374,268.05 $1,772,757.48 S-1,436,732.52 55.23 4210 OPERATING SUPPLIES 102,460.00 15,286.47 54,821.51 -47,638.49 53.51 4215 MATERIALS 29,000.00 2,506.04 22,246.41 -6,753.59 76.71 4222 MOTOR FUELS & LUBRICANTS 35,600.00 2,056.44 12,629.67 -22,970.33 35.48 4230 BUILDING MAINT 84,320.00 3,829.37 42,880.74 -41,439.26 50.85 4240 EQUIPMENT MAINTENANCE 86,450.00 4,846.34 48,266.87 -38,183.13 55.83 4242 PAVEMENT PRESERVATION 95,000.00 0.00 0.00 -95,000.00 0.00 4250 MERCHANDISE 11,500.00 1,064.34 4,067.51 -7,432.49 35.37 4310 PROFESSIONAL SERVICES 369,680.00 19,525.82 163,404.57 -206,275.43 44.20 4316 FILING FEES 1,830.00 0.00 34.00 -1,796.00 1.86 4320 POSTAGE 9,600.00 1,870.43 6,677.88 -2,922.12 69.56 4321 TELEPHONE 25,380.00 2,236.60 13,550.98 -11,829.02 53.39 4330 TRAVEL/SUBSISTENCE 16,410.00 369.13 3,866.40 -12,543.60 23.56 4340 ADVERTISING 4,000.00 86.00 1,500.05 -2,499.95 37.50 4350 PRINTING/PUBLISHING 34,070.00 3,304.97 12,389.75 -21,680.25 36.37 4360 INSURANCE 143,000.00 129,799.72 131,839.96 -11,160.04 92.20 4380 UTILITY SERVICE 659,750.00 52,382.01 304,868.93 -354,881.07 46.21 4390 CONFERENCE/SCHOOL/TRAINING 32,700.00 225.00 8,253.50 -24,446.50 25.24 4410 RENTALS 35,340.00 4,683.53 20,811.83 -14,528.17 58.89 4430 MISCELLANEOUS 10,100.00 120.87 2,481.27 -7,618.73 24.57 4431 CASH SHORT/OVER 0.00 0.00 -7.90 -7.90 0.00 4433 DUES 21,490.00 379.75 9,115.37 -12,374.63 42.42 4435 SUBSCRIPTIONS/PUBLICATIONS 0.00 83.44 1,905.53 1,905.53 0.00 4437 PROPERTY TAX/SPECIAL ASSESS 2,000.00 0.00 6,949.94 4,949.94 347.50 4438 SALES TAX 0.00 1,865.52 1,996.88 1,996.88 0.00 4490 CONTINGENCY 83,850.00 0.00 14,414.39 -69,435.61 17.19 SUBTOTAL SUPPLIES & SERVICES $1,893,530.00 $246,521.79 $888,966.04 $-1,004,563.96 46.95 4550 EQUIPMENT 905,810.00 7,810.91 178,575.34 -727,234.66 19.71 CITY OF SHAKOPEE Page 2 EXPENSE REPORT AS OF 07/31/93 CURRENT Y.T.O. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED = _____ _____________ SUBTOTAL CAPITAL EXPENDITURES $905,810.00 $7,810.91 3178,575.34 S-727,234.66 19.71 4720 INTERFUND OPERATING TRANSFERS 0.00 0.00 0.00 0.00 0.00 SUBTOTAL TRANSFERS OUT $0.00 $0.00 $0.00 $0.00 0.00 FUND GENERAL FUND TOTAL $6,008,830.00 $628,600.75 $2,840,298.86 S-3,168,531.14 47.27 r MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on July 6 , 1993 at 4: 00 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O' Toole , Cook and Kirchmeier. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kirchmeier to approve the minutes of the June 7 , 1993 regular meeting. Motion carried. BILLS READ: City of Shakopee 20 ,032. 00 ABM Equipment and Supply, Inc. 8 .01 ARA/Cory Refreshment Services 78. 00 R.W. Beck and Associates 959. 12 Bentz Construction, Inc . 711 .00 Border States Electric , Inc . 598 . 54 Burmeister Electric Co . 1 ,121 . 62 Business Essentials , Inc . 111 . 02 Clay' s Printing Service 145 .10 City of Shakopee 740 .49 City of Shakopee 44 ,087 . 32 Cooperative Power 37 ,130. 99 Copy Equipment , Inc . 192 . 92 DCA, Inc . 150 .00 Feed-Rite Controls , Inc . 593 .01 FRESCO 215 .95 Gopher State One-Call , Inc . 714 . 39 Graybar Electric Co . , Inc . 2 ,410.00 Hance Cable Testing and Locating 422 .80 Hotsy Corp. 90 . 08 Krass and Monroe Chartered 280 .00 Lano Equipment , Inc . 148 . 03 Leef Bros . , Inc . 24 . 05 Ray LeMieux 56. 40 Locator and Monitor Sales 33 . 10 M-V Thermogas Co . of Chaska 8 . 79 Midwest Engine Service and Supply 36 . 34 Minnegasco 27 . 70 Minnesota Conway 122 .89 Minnesota Dept . of Revenue 5 , 748 .00 Minnesota Municipal Utilities Association 545 . 00 Minnesota Valley Electric Coop 38, 328 . 00 Minnesota Valley Electric Coop 293 . 75 Minnesota Valley Testing Labs, Inc . 70 . 00 Motor Parts Service Co. , Inc . 36 . 18 Mitch Mullins 33 . 75 Northern States Power Co. 408,964 . 75 Northern States Power Co . 1 , 405 . 80 Ottertail Power Co. 222 . 34 RESCO 1 , 695 . 48 Reynolds Welding Supply Co. 4 . 62 Schilz Ornamental Iron 20 . 00 Shakopee Ford, Inc . 265 . 95 Shakopee Public Utilities Commission 43 . 34 Shakopee Tire and Auto Service Center 39 . 00 Al Smith Excavating 1 , 650 . 00 Snap on Tools Corp 83 . 66 Starks Cleaning Services , Inc .^ 72 . 42 Dean Struck 135 . 84 Total Tool 88 . 00 Lou Van Hout 2,242 . 14 Van Paper Co . 111 . 08 Voss Electric Supply Co . 163 . 90 Water Pro 331 .81 WESCO 122 . 48 Yarusso ' s Hardware Co . 38 . 85 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication from the Chamber of Commerce asking for our participation in Derby Days was acknowledged. Liaison Sweeney gave the liaison report . Various projects that require SPUC participation were discussed. An update on the substation acquisition was reported. Motion by Cook, seconded by Kirchmeier to offer Resolution #401 A Resolution Establishing Rates for Residential , Commercial, and Water heating Services also Service For Senior Citizens and Large-General Service and Large Industrial Service . Ayes : Commissioners O'Toole, Cook and Kirchmeier . Nayes : none. Motion carried. Resolution passed. Motion by Kirchmeier , seconded by Cook to offer Resolution #402 A Resolution Establishing Rates for Electric Service in An Area Acquired From Minnesota Valley Electric Cooperative . Ayes : Commissioners Cook, Kirchmeier and O'Toole . Nayes : none. Motion carried. Resolution passed. A communication from Jon Albinson, Valley Green Business Park regarding releasing of Document 47391 - An agreement to Complete Water System was discussed. Karen Marty, City Attorney was present to discuss the legal aspects for releasing certain lots from the looping agreement . A discussion followed. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission authorize the appropriate Commission officials to execute a Resolution to release the looping agreement for Lots 1-7 Elk 1 and Lots 1-3 Elk 2 Canterbury Park 1st Addition . Motion carried. A resolution will be drafted for the next meeting. A communication from Dave Hutton regarding a petition to prepare a feasibility study on the sewer and watermain to the new St . Francis Hospital site was acknowledged. The Commission would like to see included in the feasibility study recommendations for a crossing site , determining site for a well and booster, cost sharing on booster and funding by assessment for the watermain. Dale Dahlke addressed the Commission regarding water to a plat . Ken Adolf , Engineer with Schoell and Madson was present to present the Comprehensive Water Study. Motion by Cook, seconded by Kirchmeier to accept the comprehensive water study dated April , 1993 as prepared by Schoell and Madson. Motion carried. Art Young, Water Systems Supervisor advised the Commission of the results of the lead and copper testing recently conducted by the Shakopee Public Utilities . The Shakopee Public Utilities Commission water system passed the testing. Bill Fahey, Fahey Companies was present to give an update as to the financial work being done on the bonding for the new facilities of the Shakopee Public Utilities Commission. Motion by Kirchmeier, seconded by Cook to offer Resolution #403 A Resolution Authorizing the Issuance and Sale of $4,250 ,000 Utility Revenue Bonds , Appointment of Financial Advisor and Appointment of Bond Counsel . Ayes : Commissioners Kirchmeier, O'Toole and Cook. N'ayes : none. Motion carried. Resolution passed. A communication from Jaspers Streefland and Company regarding engagement for the annual audit for year ending Dec . 31 , 1993 at a fee of $8 , 900 . 00 was acknowledged. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission engage Jaspers , Streefland and Company for audit services for 1993 . Motion carried . A communication from Norman Hoffeld regarding obtaining a new residents list was acknowledged. A letter will be sent to Mr. Hoffeld stating we have discontinued our new residents list due to complaints from new customers . There were no lost time accidents for June, 1993 . There were no new plats for June, 1993 . Motion by Cook, seconded by Kirchmeier to adjourn to executive session for purpose of discussing retirement package for Ray Friedges . Motion by Cook, seconded by Kirchmeier to adjourn from executive session . Motion catried. The next regular meeting of the Shakopee Public Utilities Commission will be held on August 9 , 1993 at 4: 30 P .M. in the Utilities meeting room. Motion by Cook, seconded by O'Toole that the meeting be adjourned. Motion carried. Barbara Menden, Office Supervisor DOT METRO" DIST . TEL No .612-297-7328 Aug 13 ,93 16 : 19 No .012 P .02 4. orq MINNESOTA DEPARTMENT OF TRANSPORTATION w&ih >4-) kgicf iiews Release August 13, 1993 Contact: Kerry Edman "I'raffi c FOR IMMEIDIATE RELEASE (612) 591-4601 Donna Lindberg Public Affairs (612) 582-1366 ALTERNATE ROUTE TO RENAISSANCE FESTIVAL TO HELP EASE TRAFFIC CONGESTION THROUGH SHAKOPEE (Roseville, Minn.) The Minnesota Department of Transportation in cooperation with the City of Shakopee, the Shakopee Police Department and the Renaissance Festival has designated an alternate route for visitors traveling westbound on Highway 101 to the Festival in order to bypass road construction on 1st Avenue (Highway 101/169) in downtown Shakopee. Visitors will be directed to go south on County Road 17 (Marschall Road) just east of Shakopee to County Road 14 (150th Street W) west to Highway 169. Traffic will be routed north on Highway 169 for a short distance in order to access the Renaissance Festival entrance, Renaissance visitors are advised to watch for signs on Highway 101 and along this alternate route directing you to the Renaissance Festival. A police officer will also be on duty at various times during the Festival to help direct traffic to other alternates if traffic becomes heavy. -more- Metro Division 3485 Hadley Avenue N., Oakdale, MN 55128, (612) 779-1100 DOT ?1ETR0- DIST . TEL No .612-297-7328 . Aug 13 ,93 16 : 19 No .012 P .03 Page Two -- Renaissance Festival Alternate Route Traffic leaving the Festival may return via normal routes. Traffic will be directed to an alternate eastbound route in the event that traffic leaving the Festival becomes heavy. Ramp and lane additions to help ease congestion through the "mini" bypass construction project on Highway 169/101 in downtown Shakopee during the Renaissance Festival will still take place beginning Saturday, August 14. _.�-jam_._-�..�_....__:_:.... . _ DOT METRO DIST . TEL No . 612-297-7328 Aug 13 ,93 16 : 19 No .012 P .04 tAtrii W` , <c:. 4110 c eto�. i v"M . o y( ( ' EI I I• 51d V 0 p. II 1 0 ,.....z ...:_ yV5Vtl:..41 ...,... 'C ,..., w . g � • � c 4 +fir\ air..,-"'. .. rte} fzr...yJ ;4..4,x x2 to-0t- ems. ::, :_ .. -�. � .. k xx .. stbioi [1 cr ;r:,,- '3' � —avrs ti: .:;_. . J....., <.', m„ - d � • o 35, $ 3 Ar A7w00D T. ._ m g 3 •? .i. ' ..+ 8 S 1 0+ • b • d �'Twiv� r� HOLM ES 57. "ili'TH 1691 :•,...-.. 4 101 a`zy .,:t•.. 50MMERVILLE ST. .lb • Z m ' s 9 Z : MAIN ST. Qrt 2 S" ' 0 4•i g o `ora OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 3 , 1993 Mayor Laurent called the meeting to order at 7:05 PM with Cncl. Vierling, Lynch, Beard and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director; and Judith S. Cox, City Clerk. Ms. Marty requested taking 13h) Sewer Construction and Maintenance Agreement off the agenda. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7 :06 PM for an H.R.A. meeting. Mayor Laurent reconvened the City Council meeting at 7 : 07 PM. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's Report. Councilmembers removed the following items from the consent agenda: 9) Approval of the Minutes of July 20, 1993 ; 14e) Comprehensive Sanitary Sewer Study; 14c) Awarding Bids for Upper Valley Project; and 14d) Adopting New Swimming Pool Construction Requirements. Sweeney/Beard moved to approve the consent business as modified. Motion carried unanimously. Mr. Kraft stated that the minutes for July 20, 1993 did not state his presence and that he was present at that meeting. Vierling/Lynch moved to approve the Minutes of July 20, 1993 adding Mr. Kraft to the minutes. Motion carried unanimously. Sweeney/Beard moved authorize the appropriate city officials to purchase new playground equipment from Earl F. Anderson not to exceed the bid amount of $45, 684 . 67 and allocate $3 , 000 for the purchase of border and pathway materials which will be installed by City staff with d and Motion carrfor the led ]under consentect to be lbusinessr�m the Park Reserve Fun Mayor Laurent read a letter to the audience concerning Murphy's Landing property from a concerned citizen. Dr. Roland PistulkChair, read Minnesota summary ofValley theeeventslof on Project, gave a presentation Murphy's Landing to the Council. Official Proceedings of the August 3, 1993 Shakopee City Council Page -2- Ms. Kim Omotoe, teacher in Minneapolis, spoke very fondly of Murphy's Landing and stated that she brings her students to see it every year. She stated that it is a very good learning device for the children and should be kept open for that main reason. Cncl. Sweeney commented on the trustee account bills and noted that they would not be considered bills because they are trust funds held in trust for Federal Revenue Service. He asked where the figure of $35, 000 came up, it should only be $1918 . Cncl. Sweeney commented on the delinquent payroll taxes and expressed concern that if the City of Shakopee put money into Murphy's Landing then it could also end up being liable for the payroll taxes. He stated that the necessary bills, public utilities, were not being paid. Mr. Gary Barker, Director of Murphy's Landing, commented on the lack of staff they have had in the past and how that has effected the running of Murphy's Landing. He stated that a new person had filled the accounting position and was unaware of the deposits to the withholding taxes, and the figure includes interest and penalties. Mr. Barker informed Council of the 24 residents living at Murphy's Landing, these people are also employed at the site. Mr. Ries, Fire Chief, commented that the Fire Inspectors have not been out to Murphy's Landing for at least two years. He stated he had gotten complaints that there were no smoke detectors in the buildings. Mr. Stock commented that the Building Official and himself had gone there to look for smoke detectors and fire extinguishers, and that they were present in the two sites they looked at. Cncl. Vierling suggested referring this to the Committee of the Whole to have another meeting with Murphy's Landing to discuss further issues. Cncl. Lynch stated that she did not want to start giving them money and every few years they would be back for more. She stated that if they were not going to make it maybe it would be best to close down now. She also asked about the long-term legal ramifications if Murphy's Landing closed now. Mr. Kraft commented that the City does own the site. Cncl. Sweeney suggested that for the Committee of the Whole meeting for Staff to prepare what costs are, estimate of closing down costs and securing and maintaining a closed site. Cncl. Vierling suggested Staff to look into low-interest loans and fund maintenance system if it's cost justified. 1993 , Official Proceedings of the Page August 3 3 , Shakopee City Council Mayor Laurent stated that he felt Murphy's Landing was more of a regional facility and benefit to other cities and counties and they should be helping out with the funding. Dr. Pistulka commented that many of the surrounding cities have been . He stated that to help and o many hopefullythey tthe therbe ale tcities first obtain rstask an IFSS grant.approached what Shakopee is contributing and then they go from there. He stated that they would be closing September 15th if they did not receive any help. Mayor Laurent suggested August 11 at 7 :00 for a Committee of the Whole meeting to continue discussions on this topic to include the County Board and Commissioner of the City of Shakopee. Mr. Underforth, Commissioner of the County Board, commented that he would like Murphy' s Landing to try to get a business plan organized for the meeting to give the Council and Board an idea as to where they want to go in the future. Mayor Laurent recessed the City Council meeting at 9 : 04 PM for a short break. Mayor Laurent reconvened the City Council meeting at 9 : 20 PM. Sweeney/Beard moved to approve the application and grant a temporary non-intoxicating liquor license to the Shakopee Jaycees for August 14th-15th, 1993 at Pine Ridge Fitness Center. (Motion carried under consent business. ) Mr. Kraft commented that the City has been in the process of meeting with Metropolitan Council staff and Metropolitan Waste Control Commission staff to address the issues of cost ost participation for the Chaska Interceptor. He stated they oare exploring the idea of a forcemain across Highway 41 to a high p of Shakopee, and from that point a gravity main. Mr. Kraft stated they are also looking at availablee Metropolitan roParious Urban Serviccategories a for Area future SA) line and land development. Mr. Ekola gave the background information to the Chaska Interceptor and showed the Council five development possibilities to the year 2040 for single-family homes and asked Council for direction. Dan Boxrud, Consultant, Short-Elliott-Hendrickson, Inc. , stated that the Shakopee 500 area does not have sewers from the bypass North to Highway 101. He commented that he would like to provide two development sceariosthtoMet e CMetkCCouncil so they can provide cost estimates to connect Official Proceedings of the August 3 , 1993 Shakopee City Council Page -4- Sweeney/Lynch moved to present options one and four to Metropolitan Council. Motion carried unanimously. (MUSA Expansion Concept 1: maximizes use of Chaska gravity interceptor first, then develops east side. MUSA Expansion Concept 4 : limits initial use of Chaska gravity interceptor with east side developing next. ) Sweeney/Beard moved to grant permission for Lathrop Paint Supply company to hold a tent sale on public property adjacent to the Lathrop Paint Supply building on Lewis Street for Wednesday, September 22, 1993 . (Motion carried under consent business. ) Cncl. Sweeney stated that he did not approve of the increase of additional costs in the consulting contract with Short-Elliott- Hendrickson, Inc. Mr. Hutton commented that all consultant contracts are hourly based. He commented that he did discuss this with the consultant firm and they have lowered their request. He stated the funding would be coming from the sanitary sewer fund. Cncl . Vierling spoke in favor of spending the money to get things done at a reasonable pace and done properly. Vierling/Lynch moved to approve of an increase in the contract with Short-Elliott-Hendrickson, Inc. to $196, 386 for the completion of the Comprehensive Sanitary Sewer Plan. Mr. Boxrud, Consultant, commented that the contract was authorized in August but not signed until November, so there was time spent detailing the final scope of the work. He commented that these costs were not anticipated. Motion carried with Cncl. Sweeney dissenting. Sweeney/Beard moved to approve bills in the amount of $114, 631. 65. (Motion carried under consent business. ) Sweeney/Beard moved to declare the following items surplus property: 1974 Chev van #CPY354V317352 1985 Ford truck #1FDPF82K5FVA68473 1987 Chev Caprice #1G1BL568HX200703 1976 Spartan trailer #761601709, boat and motor (Motion carried under consent business. ) Frank Ries, Fire Chief, stated that the reason that the two quotes for the rescue boat are from the same company is that they are the only ones who sell that type of boat. He stated it's the boat they would want and it has a flat bottom for stability. 1993 , Official Proceedings of the Page August 3 3 , Shakopee City Council Cncl. Sweeney suggested looking at discount catalogs. Terry Link, Fireman, commented that they could come back withmore bids from theh disc °ent catalogs. He of boat through the Marane.hat they could possibly get type Beard/Sweeney moved to table the rescue boat replacement until next regular meeting to bring back more quotes. Motion carried unanimously. Sweeney/Beard offered Resolution No. 3838 , A Resolution Receiving a Report and Calling a Hearing on the Downtown Streetscape Project, Phase II on 1st Avenue from Holmes Street to Sommerville Street, Project No. 1993-12 and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard offered Resolution No. 3839, A Resolution approving Plans and Specifications and Ordering Advertisement for Bids for the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No. 1992-9 and the Rahr Malting Forcemain and Gravity Sewer from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer, Project No. 1993-1 ied under consent business. ) and moved its adoption. (Motion car Vierling/Sweeney offered Resolution No. 3841, A Resolution Authorizing the Execution of a Cooperative Construction Agreement with MnDOT for the Shakopee Bypass Drainage Project No. 1993-3 , and moved its adoption. Motion carried unanimously. Ms. Marty stated that if there was a need for a building permit then the new provisions would apply, otherwise they would not. Cncl. Sweeney asked whether it would be appropriate to have a public hearing on this since it could effect a lot of people. lic hearing would be Ms. Marty commented that she did not feel some of the questions she necessary and explained she had been getting concerning swimming pools and why the ordinance was changed. She also stated an alternative; that Council require Ordinances to have two readings at two separate meetings before being passed. Mr. Kraft commented on the alternative stated by Ms. Marty that that policy does not work well and would not suggest the City following it. Vierling/Beard offered Ordinance No. 361, an ordinancemits amendind ng City Code Chapter 4 , Construction Licensing, h D, Regulations, Sec. 4 . 03 , Building Permits, by repealing paragraph g P Swimming Pools, of Subd• Construction and move its adoptionand adopting one new Section in lieu thereof, Official Proceedings of the August 3, 1993 Shakopee City Council Page -6- Cncl. Vierling suggested that at a later meeting Council discuss public hearings for ordinances. Motion carried unanimously. Cncl. Beard commented on the Shakopee contribution to the Scott County Transportation Coalition and whether Shakopee had sent that check off. Mr. Kraft commented that the City had not received a bill. He stated he would look into the matter. Mayor Laurent recessed the City Council meeting for an Executive Session at 10 : 50 PM to discuss collective bargaining. Mayor Laurent reconvened the meeting at 11: 09 P.M. No action was taken during the executive session. Mayor Laurent adjourned the City Council meeting to Tuesday, August 17th, 1993 at 7 : 00 P.M. Meeting adjourned at 11: 09 P.M. Judith S. Cox Cy Clerk Debra Zabel Recording Secretary Memo To: Mayor Laurent and Councilmembers From: Barry A. Stock, Asst. City Admin. RE: Renaissance Traffic Issues Date: August 13 , 1993 This weekend marks the start of the Renaissance Festival. The Downtown Bridge and Bypass project will certainly have an adverse impact on traffic patterns in Shakopee. MnDot originally expected that the construction work along 101 would be completed by this time. Unfortunately, it now appears that only one lane of traffic will be open through the duration of the Renaissance Festival on the Easterly portion of the project. This week, City staff met with MnDot and Renaissance Festival Officials to devise a plan that might mitigate traffic problems. In the past, utilizing police officers to direct traffic at the Holmes St. /169 intersection has not been effective and is extremely costly. This year, one Police Officer will be available to respond to traffic concerns and ensure that intersections are not blocked. The Police Chief will also be on site to handle traffic issues as they arise. City staff and MnDot have developed several alternative routes that will direct traffic away from Downtown Shakopee. (See attachment) The Renaissance Festival and MnDot public relations/marketing departments will be taking the appropriate steps to inform the public of the alternative routes. This weekend, we will be monitoring traffic closely. A meeting has already been set up for Monday to review and amend traffic control plans as needed. ttl I'-] L HWY. 1 9 o o 444 D `` Z n o .11 ao sC/3o `G bti -e O b p C.R. 17 eirY \-:_.Ta t i/ ', :::b b C IR 83 4. t, P 1 J c, , __. 0 7) to . o —1 � - ( N J •: � - 0 __, ----N - 4 -"( * N w D D 0 rn Z./ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of Portion of the 10th Avenue Right-of-Way Located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition DATE: August 11, 1993 INTRODUCTION: The City has received a petition requesting the vacation of a portion of the 10th Avenue right-of-way from Jeffrey and Becky Boldt. The petitioners are requesting that the City vacate the 17' by 152 . 32 ' portion of the 10th Avenue right-of-way located directly south of their residence at 971 Miller Street. At their August 5, 1993 , meeting, the Planning Commission recommended the approval of this vacation request to the City Council. The City Council will hold the public hearing to consider this vacation request at their August 17 , 1993 , meeting. BACKGROUND: Attached is a copy of the zoning map showing the location of the portion of the 10th Avenue right-of-way that is being considered for vacation. (See Exhibit A. ) Also attached is a copy of the plat map for Scenic Heights 2nd Addition (plat no. 31) which was platted in 1969 . (See Exhibit B) . The right-of-way width that was dedicated with this plat for this portion of 10th Avenue is 100 feet in width. The roadway width is 44 feet. This results in a boulevard of approximately 28 feet on each side of the street between the curb and the adjacent property lines. In the mid-block area between Miller Avenue and Merrifield Street, and located directly east of the Lot 3 , Block 3 , Scenic Heights 2nd Addition, the right-of-way for 10th Avenue narrows from 100 feet to 66 feet. The pavement width remains at 44 feet. This portion of 10th Avenue to the east of the subject site was platted with J.E.J. Addition (plat no. 52) in 1973 . A 66 foot right-of-way was dedicated for all of the streets within this plat. Scenic Heights 1st Addition (plat no. 27) was platted in 1967 , and dedicated 100 feet of right-of-way for 10th Avenue. Scenic Heights 2nd Addition (plat no. 31) was platted in 1969 and also dedicated 100' of right-of-way for 10th Avenue. Sixty feet of right-of-way was dedicated for most of the other streets within these two plats. (See Section Map attached as Exhibit C. ) In June of 1992 , the City Council considered the vacation of a portion of the 10th Avenue right-of-way east of CR 17 . The purpose of the vacation was to narrow the City's right-of-way from 100 feet to 66 feet in width. An equal amount of land on both the north and south sides of the 10th Avenue right-of-way was proposed to be vacated. On July 21, 1992 , the City Council approved the vacation, but during the recording process it was discovered that the 100 feet of right-of-way was originally dedicated by the two subdivision plats on the north side of 10th Avenue (Scenic Heights 1st and 2nd Additions) . If that vacation had been recorded, the 17 feet of vacated right-of-way located on the south side of 10th owned by the property r on the north of Avenue w10th Avenue.have This would have result d in an undesirable side land ownership pattern. In response to this situation, the City requested that the property owners on the north side of 10th Avenue consider whether or not they would consider deeding the south 17' of the 10th Avenue right- of-way to the adjacent property owner on the south side of 10th Avenue. During i 11 nthis to deedess, Mr. Bolt this land to informed property owner that he to the would be g south. On July 28 , 1993 , the City Council rescinded the resolution approving the vacation and directed staff to prepare the appropriate deeds for the transfers of the portion of the 10th Avenue right-of-way. At the January 5, 1993 , meeting, he y Council directed staff to terminate their efforts due to the descriptexpense orto the ity for the the deeds, a d that not all parties descriptionsaration of the legal parties were agreeable to the transfer of the property. DISCUSSION: The portion of 10th Avenue east of CR 17 is designated as a local street in he drft 1990 eui esa that streets pdesignated asrehnsive alocal n. Tstreet he Subdivision e160 Ordinance r qq feet of right-of-way dedication and 36 feet of roadway. The portion of 10th Avenue that is being considered for vacation has an existing street width of 44 feet. There is approximately 28 feet of boulevard on each side of the street. The existing roadway is 8 feet wider than the current requirement for roadway widths for local streets. Vacating this 17' by 152 . 32' portion of the 10th Avenue right-of-way as requested by the applicant, would reduce the right-of-way width to 83 ' . The portion of 10th Avenue directly east of the subject site was platted with a 66 foot right-of-way dedication and constructed with 44 feet of roadway. Vacating the north 17' of the right-of-way directly to the west of this area would provide a continuance of an additional 17 feet of private yard for the subject site, and yet approximately 11 feet of boulevard space would remain for utilities, signs, snow removal, etc. (See Exhibit D. ) The exact amount of boulevard space would depend upon the exact location of 10th Avenue within the existing right-of-way. Although the remaining 83 ' of right-of-way width is not the current standard for local streets, it would be more than sufficient for maintenance and utility purposes. The petition that was submitted by Jeffrey and Becky Boldt was signed by all four of the property owners which reside to the north, south, east, and west of the subject site. The names and locations of these residences are provided on the portion of the Section Map attached as Exhibit C. Staff has contacted various utilities for their comments on the proposed vacation. U.S. West has commented that buried cables cross 10th Avenue and run along the rear property line of the subject site. Minnegasco has commented that they have an existing gas main within the portion of 10th Avenue proposed for vacation. They have requested that the entire area that is currently right- of-way on the north side of the 10th Avenue be reserved as an easement if the vacation is approved. The 1990 draft Comprehensive Plan has designated the majority of this area for Single Family Residential use, and this portion of 10th Avenue as a local street. Vacating a portion of this right- of-way will not conflict with the goals of the Land Use or Transportation elements of the draft 1990 Comprehensive Plan. ALTERNATIVES: 1. Approval of the vacation of the 17' by 152 . 32 ' portion of the 10th Avenue right-of-way located directly south of Lot 3 , Block 3 , Scenic Heights 2nd Addition, while reserving drainage and utility easements within the current 10th Avenue right-of- way area to protect the existing utilities. 2 . Do not vacate the 17 ' by 152 . 32' portion of the 10th Avenue right-of-way as requested by the petitioners. 3 . Continue the public hearing to allow staff time to provide additional information regarding the proposed vacation. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No 1. ACTION REQUESTED: Offer Resolution No. 3845, A Resolution Vacating the 17 Foot by 152 . 32 Foot Portion of the 100 Foot Wide 10th Avenue Right-of-Way Lying North of a Line 33 Feet North of the Centerline of Sc10th Avenue, and Located Directly South of Lot 3 , Block 3 , Heights 2nd Addition, while Reserving Drainage and and m Utility Easements Within the Vacated Right-of-Way Area, adoption. RESOLUTION NO. 3845 A RESOLUTION VACATING THE 17 FOOT BY 152 .32 FOOT PORTION OF THE 100 FOOT WIDE 10TH AVENUE RIGHT-OF-WAY LYING NORTH OF A LINE 33 FEET NORTH OF THE CENTERLINE OF 10TH AVENUE, AND LOCATED DIRECTLY SOUTH OF LOT 3, BLOCK 3, SCENIC HEIGHTS 2ND ADDITION, WHILE RESERVING DRAINAGE AND UTILITY EASEMENTS WITHIN THE VACATED RIGHT-OF-WAY AREA. WHEREAS, a 100 foot right-of-way has been dedicated directly south of Lot 3 , Block 3 , Scenic Heights 2nd Addition for 10th Avenue; and WHEREAS, it has been made to appear to the Shakopee City Council that a 17 foot by 152 . 32 foot portion of the 100 foot wide right-of-way lying north of a line 33 feet north of the centerline of 10th Avenue, and located directly south of Lot 3 , Block 3 , Scenic Heights 2nd Addition serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7 : 00 P.M. on the 17th of August, 1993 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at Shakopee Public Utilities, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . ) That it finds and determines that the vacation hereinafter described is in the public interest; 2 . ) That a 17 ' by 152 . 32' portion of this 100 foot right-of- way serves no further public need; 3 . ) That all that part of the 17' by 152 . 32 ' portion of the 100 foot right-of-way lying north of a line 33 feet north of the centerline of 10th Avenue and located directly south of Lot 3 , Block 3 , Scenic Heights 2nd Addition, Scott County, Minnesota, be, and the same hereby is vacated; 4 . ) That the City reserves, however, to the City of Shakopee its licensees and franchise holders a perpetual drainage and utility easement on, under, and over the said vacated right-of-way for utilities with the right to install, maintain, repair, lay, and relay the utilities by the City, its licensees and franchise holders; and 5. ) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1993 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney • EXHIBIT A . __.______ .. s,.., .-:. • ; ;,, ........-•------ , • :----1-.-÷r ! 2 . : 1: '• 1 1••••=•1=411=141 R4 .... , .• : I •.. _ . . . i . , , ... ! _..... -.._, i ...„.„....,... , _ -•. , — 7-_,-.... .....,,,._- ... _. . t.---i - . .,;-- • -, • r----i l•- , 1 Ilit 4ft. •. „ . 1 ••7? ***.% 4' tp; ,:e. %,. • I .., . • : .f ' , . • ' . '',.. %.. -4-4.._a - s .. : • -.... . • ,. .... •-..., ..• ••••,..... . : f;>, .....1 3 ! •-, 4-4 - .• \ ; • :' -' ; 2 4 /'/•-••-t.--i - % 11 I • • __......it4_ ._..........__. ........._,...„.... .. . •,..' '5%1157 %.4..,:r5---• I-771 r.."."(''''.4.. .. %. ...c-s\\ C5.-.... • i i--4.--1 i-..—:"...... , . . - ,,,,,%,...6. ,• .------w' ' F --i-•*4 ' - •••. . 4' ' .;"-;:,..,' ••...".- \ „ ,..i . f „.. , . , I • ..... ; ., ;,,.;.; . ! '""---"""t•k .1.--....- '.'" 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G AGRICULTURE i 4 . .--- ,..... „a...0 ... ..... •.,••••7" ---.-, • :z • r•.a - Y.."' , v - L.: rzlf• •a•.?• (, •8 Ow.---Tar'•Y.-.. -, ?"---• .P4.`4--- R 1 RURAL RESIDENTIAL 1"r-7.UAW," qe0;ir i-t- ..• ,.. 1.... R2 URBAN RESIDENTIAL ,-i 1....... ,--, • • i .2' f).2° 7, : R3 MID-DENSITY RES. . ', ad : P PgrAl : , 2• , •• • R4 MULTI FAMILY RES. • B 1 . 40. . • , , : • , r-r • ----___ Da B 1 HIGHWAY BUSINESS ---------- - , -__ 82 COMMUNITY BUSINESS • . : B3 CENTRAL BUSINESS _ i - - - -- - .[ _ _ ... -.... - II LIGHT INDUSTRIAL _ - - - - - • • - _- _. .... .... ....._______ 12 HEAVY INDUSTRIAL - -----•- -- - _ _ - • _ , - - ,• S SHORELAND ' _ - - - - - - • _ - _ - --_. -.! . • NI FLOODPLAIN DISTRICT - -- - , •-•-•• MANDATORY PUD - - . - , RIP RACETRACK DISTRICT' . • . ---:... - ,.. Zoning Map - _ . City of SHAKOPEE . _ _ • - r EXHIBIT B ,.) ND a �11C earip Hc1cHrs _ SHAKOPEE . MINN. 9.34 VALLEY Etna.C®• If P110* LAKU,MINN. '''•c _�: , r •"- `` ` • F .`i is g•1;4 WU4,4, -- --- 6.1's.4_2%',.. ....- 4.,,„ ' - r� o Y v:: P4 `\ 1 •• . irk: '? �/ ., ��' ms 's• 'p �-/\' its ei,.. II $ filti/ t. r - — — — - - — I ti 4'0 `/ ., ILA • :: 3 0 y�l 1.•y R -41 b0 e 0 •• t s 4 ,)'�i ! f '1O 44 410 J= _ •„!w 9 j!fA t- - - - - - - rs irs lye • . . . V..... is 1I : 4:5;s '44, • r ` • r r � Co � .• - B e, • 1." 2 1� • • Iv. s3s sri___ r, �to ,„ 4 1 ) w. . : .i.!iiiiiiiiiiiiiiiIiii4.... of 3z > >:: j ` SO. � • 111 , i7 . . rs - • :: ' r1 3 • SUBJECT SITE 1O TM AV g• . - - 01S' i$. £• rt . ` r .AN.. I 7 . -.r :ems-a- EXHIBIT C M` r:_ 373.5 \ `� 175349 — --- - i 2 �g0k4c 2336 4 3 F ST I • Poo 217039 14` 1 miiiH314/t- 4.4.... ._ / . 41111P , 2 3 3 cn 2� - 9 . '4 fre 2 •. /)8 SS C— EN / Oq 4 3 1 8 1 2p Rk, T 93p3 cn 5 I .- 4 .. 7 MCGUIRE I - ---.-..-_ 5 . . BECKMAN. r BOLDT3 S ����j ,.�cpp2, 6 • LIESMAKI SA/ �, .... ..`..: :: - SDA 00 8 / AV E 10 T H P FF ti / . 9 14 1 I 14 SCHMITZ 1 I 3 to r1,0 13 2 I 13 2 2 CC w 15 4 O, \v LJ F2 12 3 1 2 Ct 3 3 1 4 5 Cid : 3 11 3 a 11 J a 5 4 J 13 6 10 5 10 g 5 0 12 7 10 , 9 E 9 • 6 6 1 1 8 cr 9 Cc w g 7 6 • 8 7 8 7 7 10 9 8 AVE 11 T AVENUE _ i— 1— I Cc 4 5 —14 15 16 i 2 U 3 6 13 i iH ,+1 27 I 3 I w 2 7 / E 12 �- \ / { I2N . 28 4 1 8 X it ' J T IHO0L 01ST. 7 2 ! 9 I 10 N29 PA R K . __-. I :T �J-1 ) - -H' rl� ,j :' ... to L� ►r Q ..... W �—Zp' S. I • .-- .I 1 .. I >. Q Er Q,...,_ M q 4: ::>:: :>:> f.,, vim, Z 4 Z::-... iVk EMill ) i' k eC iter4c41.::::. • .1:;. ).1..11:al p ir... - 6L-1 • • • tilr.-;:-...z4crir. /, 0-4 '_/ = T V X I CD 11.1.11111111 Ey1 -6 i; w k L :: • , i:x::.:*...,-::::i::i:::i*::: ::..: ! - b • .; / :r :Min:.iii:if:'.::..:i&s,: 1 CrAILA(rf 1 i %./ CilliiNiii::il • • • a); I :: I 4Wril :•:::::::is....::::.....:. ii } ::$mo { Wv r }} < i:2a: : t::i ::ii: ;: = :{ ti : F : ii2tiii } :: i ii { < .............. ........................................ :: ::.. .................. ..�:: Z .• a ►4Wcc cel ErxwwE.. T b MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Appeal of the Decision of the Shakopee Planning Commission - B & B Sales and Services DATE: July 9 , 1993 INTRODUCTION: Mr. Barry Blum and Mr. Doug Bell of B & B Sales and Services have requested approval of a Conditional Use Permit to allow retail sales on a 1. 3 acre site owned by Roger and Carolyn Wacker, and Shawn Wacker. The site has recently been used by "Minnesota Tack Supply" , and is zoned I-2 , Heavy Industrial. (See Exhibit A. ) At the June 3 , 1993 , meeting, the Planning Commission opened the public hearing regarding this request, and continued the public hearing to the July 8th meeting date. At the July 8th meeting, the Planning Commission denied the request for the Conditional Use Permit. The applicants have appealed this decision to the City Council. BACKGROUND AND DISCUSSION: The 1990 draft Comprehensive Plan has designated this site for industrial uses. The intent of this land use classification is to allow a variety of industrial activities, such as assembly, warehousing, wholesale distribution, manufacturing, research and development, and office activities. The subject site is currently zoned Heavy Industrial (I-2) . The purpose of the I-2 district is to provide a full complement of urban services, such as water sewer, rail, and highway transportation for intense manufacturing and processing operations. Within the Heavy Industrial Zoning District, retail sales may be allowed with a Conditional Use Permit. Section 11. 33 , Subd. 3 (N) states the following: "Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. " Attached to this Staff Report as Exhibits B and C are explanations of the proposal which were submitted by the applicants. Exhibit B was submitted on May 10th, and Exhibit C was submitted on May 28th. A copy of a portion of the Section Map which shows the site is attached as Exhibit D. The applicants have stated that their principal business is wholesaling, and that they are proposing to house the offices for B & B Sales, B & B Services, and B & B Pawn at the subject site. B & B Sales imports tools and antiques for wholesale to auction companies. They also manufacture some craft and wood products. Exhibits E and F are drawings of the floor plans of the principal structure which were submitted by the applicants on May 28th. The main floor measures 2 , 600 square feet in area, and the upper floor measures 1, 000 square feet in area. This results in a total area of 3 , 600 square feet. The applicants are proposing to use 451. 50 square feet of the structure's total 3 , 600 square feet of area to conduct retail sales. This would result in 13% of the structure being used for the proposed retail space. Prior to opening, Doug Bell contacted numerous City employees regarding licensing, zoning, and requirements for doing business in Shakopee. He was advised to comply with the Zoning Ordinance, along with other City Code provisions. B & B Sales and Services appears to be currently functioning as a retail operation. Retail sales are not a permitted use within the Heavy Industrial (I-2) Zoning District. The applicant has posted a number of signs at the site and along CR 83 . None of these signs had received an approved Sign Permit from the City of Shakopee. Section 4 . 30, Subd. 3 , General Provisions Applicable to all Districts, regarding free-standing signs, states that "off-site free-standing advertising signs are prohibited in all districts" . Staff has received complaints regarding the pawn shop located within the Heavy Industrial Zoning District, and complaints regarding the number of off-site signs. At their July 8th meeting, the Planning Commission denied the application for the Conditional Use Permit for the following reason: 1. The proposed use does not meet the intent and language of Section 11. 33 , Subd. 3 (N) . Retail sales, including pawn shops, are not a permitted use within the Heavy Industrial (I- 2) Zoning District, and are not "necessary to" a permitted principal use, as required by this portion of the City Code. The applicants submitted the attached letter requesting an appeal of the decision of the Planning Commission. (See Exhibit G. ) In this letter, the applicant refers to a previous Conditional Use Permit that was approved for the site. A copy of this permit has been attached as Exhibit H. Please note that this Conditional Use Permit did not approve retail sales, but allowed the construction of a veterinary clinic. Veterinary clinics are a Conditional Use within the Heavy Industrial (I-2) Zoning District. ALTERNATIVES: 1. Uphold the decision of the Planning Commission and affirm the denial of Conditional Use Permit Resolution No. PC-662 , 2 . Overturn the decision of the Planning Commission and approve Conditional Use Permit Appeal Resolution No. CC-662 to allow retail sales, as per Section 11. 33 , Subd. 3 (N) . 3 . Continue the public hearing and table the decision to allow the applicant or staff to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1 . Offer Appeal Resolution No. CC-662 , A Resolution Denying a Conditional Use Permit to B & B Sales and Services to Conduct Retail Sales within the Heavy Industrial (I-2) Zoning District, and move its approval. 2 . Inform the applicant that any retail use and all illegal signs must be removed within 10 days after the public hearing regarding this appeal request. APPEAL RESOLUTION NO. CC-662 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A CONDITIONAL USE PERMIT TO B & B SALES AND SERVICES TO CONDUCT RETAIL SALES WITHIN THE HEAVY INDUSTRIAL (I-2) ZONING DISTRICT. WHEREAS, B & B Sales and Services, applicant, and Roger and Carolyn Wacker, and Shawn Wacker, owners, 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 conduct retail sales as per the requirements of Section 11. 33 , Subd. 3 (N) ; and WHEREAS, within the Heavy Industrial zoning district, retail sales may be allowed with a Conditional Use Permit, as Section 11. 33 , Subd. 3 (N) states the following: "Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. " 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 West 165 feet of Lot 9, Block 1, Valley Park Fifth Addition, (as measured at right angles to the West line of said Lot 9) ; and WHEREAS, notice was provided and on June 3 , 1993 , and on July 8 , 1993 , the Planning Commission conducted public hearings regarding this application, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing the Planning Commission voted to deny the application; and WHEREAS, a written appeal was filed with the City Administrator within seven days of the Planning Commission action; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, and the Planning Commission's action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit No. PC-662 is hereby DENIED for the following reason: 1. The proposed use does not meet the intent and language of Section 11. 33 , Subd. 3 (N) . Retail sales, including pawn shops, are not a permitted use within the Heavy Industrial (I-2) Zoning District, and are not "necessary to" a permitted principal use, as required by this portion of the City Code. 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: City Attorney .,..•.___ EXHIBIT A •• • .. .....------- .........57:77... . ,,:,,,,i;;::,,,:•,,,,,;:..„:,,,,,,••• s. ... ,..-7-7,-7.7:7„.„-,.:,..::.•,:....„.......,..„.„-)::.....„,.,:...•,,,,,,,......,.......:..„ 1 .---- ,...,—.-7-1,4,,,,::ia:,,,t,,,,,,,,,,,,,.-„7:.:.:.•.,.:: 17.e., s, -•.:.--.... .WOUtr.,,.::•5,•.:..if::13.*::)::::M<.:-:•::.,4;i:MS :;:.5 --',i:i: ',IA-... .-...:*ii:::i...:7::ii,:':.:::: ::iii,..,:. ••••..__..___,. . . • •••• .....izz::::::::ii:iiiii ;k1:2,! ,,,*,:-:1....i:;:. ;:,$:•:•::1:?iti>i :::;•;:::,,,,,,5:.%.,:•:•:•:•: :•:•:•:•:•:•....::::.--: ,:-.7.57.._ Of7- 4t- -....r.L::::';.:`'L,:::.-.,...::::*.P;:::':W..i.iiIRA:;:;;i;'':-.:i:::1;•:.... ,...----,-.-1. 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EXHIBIT B B&B Sales and Services 4110 Valley Industrial Blvd. So. Shakopee, Mn 55379 May 10 , 1993 Planning Commission City of Shakopee 129 East 1st Avenue Shakopee , Mn 55379 Dear Commission; The applicant is requesting a conditional use permit to open a business to conduct a warehouse, office space--wholesale and retail space at 15% or less . The effect of the proposed use upon the occupants of surrounding lands will be minimal . Our use of the property will not harm the use and enjoyment of surrounfing land owners . Our business will increase area property values by bringing new business to the area . Adequate utilities and facilities are already provided. No measures will need to be taken to prevent or control nuisances as none are involved in our business. The existing land use will continue under our business . The purpose of the land use in the past has been to be a buffer between business and industry and will continue to be this . Existing businesses will not be adversly affected . Our business will have no unusaal noise, odor, or lighting effects . Our business will be conducted in a professional manner. Our business will consist of buying, selling, of new and used merchandise. The business will be open daily, with extended hours on the weekends . Employees will be two per shift. We request that this application for a conditional use permit be granted. Thank you for your time and cooperation . Respectively; B&B Sales and Service B/fir rycy Doug Bell • EXHIBIT C To city planer Shakopee Mn. Date 5/27/93 In regards to 4110 Valley Ind. Blvd. S. We will be housing all of our offices for B & B. Which includes B & B SALES and B & B SERVICE, as well as B & B PAWN. We will have four offices, and up to and not exceeding 15 percent retail space. The warehouse space will be used for holding merchandise from B & B SALES which imports tools for resale to auction Co. on a wholesale business ,and antiques also to auction Co. , and antique stores with sale tax permits with also the manufacturing of some craft and wood products for wholesale with some limited retail in our limited space. One of our office spaces may also include some advertising • consulting by some of our employees for large and small local Co. The major part of our business will be using this as our hub to receive items to wholesale in a two state area of MN. and IA. B & B SALES & SERVICE is our main business and will, hopefully have more shops around the metro area. We will keep this property as our main offices and warehousing. We look forward to working with the city to make, Shakopee the home of B & B SALES & SEVICE. If you have any questions please feel free to call me or my partner. Barry Blum /6 Doug Bell CPL:C4k • i441111.3 Yd3P.M. EXHIBIT D u+ J 1 1 or�T�eT r 4 _ �RAGZ 55 R� S I U � I 4 i `II Gi •c-c- \ I i ;Ram' S5 I R \-• S I I I I VL�FY (OVICH VALLEY a ( 1ST ADD'N I Io DI I 9 466.69 1— ` 2 1 1 1 8 0 V) \ cCi; . ECIL BEHRINGER 1 7 v 176194 1 `D ccU 1J 51H i © PpRK 3 s a VALLEY i 6 z 466.69 - = 12 1 o a it 1 I i 4 I r I z m v U 1 i 3R0 PARK LEY BLOCK ,` ypL i r. • _: t/. , :=- EXHIBIT E :—. r - tisS t' 4 ..�:t �.r. . 4,14 �;-a -i_� _-`-� I • X == ..... .:_..... F EXHIBIT F s 1 a C'" os a9�,v-:,,,:•:-.- Le:Vi,µ..„"..g.:„..„.*i. o� fs.":a,'� x ;."�,... z :t:-.;,-P3k.'...,.....f,,,..*'?-:-..-::'. y N "'4z:-4*...2,,,:..f..:..• 7:•-': ' '" ---..:;',.... -:•. V 1 �" 'v )/fib. T li 1 rT4/ / ?..-'-.>..s ' x k3 0,4* r4A c� •••• •:.,,...•-: -• •-r....'-i-•,1?-.?"..?*.k,,,..:••f•i-ft,..f•••••,,.. ..'••-i .'•."••.•• :/C...••••Ooo.- ;•••-4-.....i....11*--.*r,••.iir•:.,-..•.:'.,,,--.-- v., GC, 6....:'''' N. Y T7•(.,tip S-. .. - .. + j s v � j ice' r �� .4'..::::14.. �v. t ', � ' �-- -1--:-.S-' +• ::SY":-..4..-..... �.c'_'� ,•,„..„,„.- =i K ,t-.. j.�_ Jaz - yl e : S a { VI• • t '*ilk .v,. _ "•;',! ' c f--..-i`.- A "- •- � .. _ - r- �,7....: t. -:-.. -..i• .fit q'= -; • s9 ter"- a• „ - 4:V• • she 7 ' .` Tom$ -.7 •"o 1•; " t , .: ) 0 ;,,,....-:., , ic .i.-t r,-,. ...., ;, 1 ••. ,......,49,..,...„v„,...,....,....„..,_.... • ... .. , .:., ....,. 'al Ito. . ,... ...-• -- -• o4.---....r.7.... ,-.4..- - • :: a ray • 4-. _ ..?: •__,.1-,-...•:;,-•-,!- -•,--- .7-2-:-.•e-------,,,,-. ...-!::.•-.--,-- . -- -:,-..-,-. „-6----i ,.,_,-,-4- --T••••:--.--.?,.:.,...- ,.....-",--•::-_,-... 7. . + r r • _ _ , :r .i::YL}..- _.�..-ice , __. .-/ '�''"a'1• °i - � L. r ..ter ----t•-.44. caiv !!4'..,t •rd i.f4 rare-. s I:3U �?i'/)• PROPOSED RETAIL SPACE: 451.50 Square Feet STRUCTURE'S TOTAL AREA: 3,600.00 Square Feet = 13% / 46 I (\f iI Tr I C/E a U (rte .......-----N �� \ C r � A Y l CA .� (}1�rc L 401 1 6-C Ge , l�C � , rr cACk Akc (13,:cjclL-, C;rc, 6(1 C le I. U 'p9er 4f—QU '(- , \N) _), - - ,S [ : 3CP1i. B Se B SALES & SERVICE Application for CUP Reso . No _ PC- 662 :.:fir ri. . • - -R lam. i=+ milt:. on � '�:i:..t �'^•s:`�T`$ a�=i.4 r •2`F.[h�'3�+,�4f��.' i t �. `-`�!jC+'- � _ .�i. e isc .4:444"..= ' - - 4 J - SHAKOP$ i— ., -.. ` MINN.TACK SUPPLY } SIRE SABIE MLAR'IS r • - A'T mm I t P 41411V- . - ' r. . - B&B Sales & Service . - ----:=---;.---_---------- ... mommom.....mm.=.. .a. ..... ....mimilk. 4" ,....J • . -- -R£C.101101NA^ONWCE.+Am ..... •S......trte benhacast sr stn.., -, . '''''.... •V.*,ma..SC.0 x.•,...cc,and.........".'. resiii PagerViart $6-95 ! 1 • • .....,_. _ ... .... . i. • I ‘-' i - •• III 11P 1111 gx. _ 1 . 4,1 ) ...1 •-.,,,, . - - • __ -_, --,.. ..:.-7-4.:t.-..:1"" , _ . . , .. ._-,-,...,,-' .7-2.•-,.. r n • iip 7---- .- - . • -I gli , . t/-.-.,--; • KI.I. ,. ..... ..,-..- ..‘ -.•sa-lkin..1:cia., -.- A':'-'‘''"' Ill•F3)WT1- — :. •,'4s--'-',"‘.';.'i_----4::ie0-k-.7.,`' -.... .- . . .-I- .j, •E.,...... • .... - ...: •,---•-•---• -,-,..",...-.... • . -.1.. ', ' ,- • • .-.: . . ., .:. •_Sar....-.5',_ , yikw:-.:-.. . 1.,.Ir..----',--''7.•`-- ..- - ... .. , •. . v. - . .:it, ...—... e 1. i•---.' . .:•4t--_ A. _, _.• . F.7.....-...--._-_ __.,.... c 6..- • .... . ...... 1 i • _ . a " ,..1111.11ii, --- .../M0/1........ 1 I I . B&B Sales & Service -.3- : 3- • ., • Pinmt Nam 4riZA"QM* ISI - - -- • Vis. -x V991 1 JyE S,7 _. QA N L • —.. . i EXHIBIT G JULY 1 5, 1993 SHAKOPEE PLANNING COMMISSION TERRIE SANDBECK ASSISTANT CITY PLANNER SHAKOPEE,MN 55379 RE: APPLICATION FOR APPEAL OF DENIAL FOR CONDITIONAL USE PERMIT. DEAR PLANNING COMMISSION, WE WOULD LIKE TO APPEAL THE CONDITIONAL USE PERMIT THAT WE APPLIED FOR, TO EXPAND OUR BUSINESS OF WAREHOUSING AND WHOLESALING . THIS PROPERTY THAT WE ARE APPLYING FOR HAS A HISTORY OF HAVING A CONDITIONAL USE PERMIT ,WHICH WAS GRANTED WHEN THIS BUILDING WAS BEING DESIGNED AND BUILT AND IS VERY NECESSARY FOR THE STYLE AND PURPOSE OF WHICH THE USE IS NO LONGER NEEDED WITH THE CLOSING OF CANTERBURY DOWNS . PROPERTY IN OUR AREA WHICH IS ADVERTISED FOR SALE BY VALLEY GREEN BUSINESS PARK, IS ADVERTISED AS BEING INDUSTRIAL AND COMMERCIAL . WE FEEL THAT IS COMPATIBLE TO THE NATURE OF BUSINESS WE ARE GOING TO OPERATE . THANK YOU FOR YOUR COOPERATION. WE ARE LOOKING FORWARD TO MAKING ALL INFORMATION ACCESSABLE TO ALL INTERESTED PARTIES. SINCERELY, DOUG GENERAL PARTNER B&B SALES & SERVICE EXHIBIT H CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION NO. 400 WHEREAS, Minnesota Valley Equine Veterinary having duly filed an application for a Conditional Use Permit dated 3/27/85 under the provisions of the Shakopee Zoning Ordinance, Section 11.04 Subd. 6A , as follows : A C.U.P. to construct a veterinary clinic in the I-2 District . ; and WHEREAS, the present zoning for the parcel on which the Conditional Use Permit is being requested is designated as: I-2 ; and WHEREAS, the property upon which the request is being made is described as : 4110 Valley Industrial Blvd. South ; and WHEREAS, upon hearing the advice and recommendation of the City Planner and upon considering the suggestions and objections raised by the affected property owners within a radius of 350 feet thereof in a public hearing duly held thereon. • NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned - Conditional Use Permit application be and is hereby: Approved as follows : . • 011001 1) Receipt of a drainage easement on Tract B (PID #27-� -1) 2 ) All natural plantings must be in place within three months of issuance of a building permit. 3 ) Final drainage plans to be approved by the City Engineer. • • BE IT FURTHER RESOLVED, that pursuant .to Shakopee City Code, Section 11. 04, Subd. 6C-12, if an approved Conditional Use Permit - • is not utilized within one year from date herein approved or by April 9 , 19 86 , it shall become null and void. Adopted in Special session of the Shakopee Planning Commission of the City of Shakopee, . Minnesota held this 9th day of April • , 19 85 . In.JC! i_ 4iA.,r ID0 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat of The Meadows 9th Addition DATE: August 6, 1993 INTRODUCTION: At their meeting on August 5, 1993 , the Shakopee Planning Commission recommended approval of the Final Plat of The Meadows 9th Addition. The developer is Gold Nugget Development, Inc. The subject site is located south of Vierling Drive and east of County Road 79, and extends Primrose Lane, Thistle Lane, and Sage Lane. This is the ninth phase of the development and it contains 66 residential lots and one outlot on 28 .49 acres. The area is zoned R-2 , Urban Residential. (See Exhibit A. ) BACKGROUND: 1. The Final Plat for The Meadows 9th Addition is in substantial agreement with the approved Preliminary Plat. (See Exhibit C. ) 2 . The Upper Valley Drainageway is located to the north of the plat. This drainage and utility corridor was dedicated to the City in 1988 with The Meadows 1st Addition. It is generally 120 feet in width and will contain the VIP sewer main. South of this drainage and utility corridor is an open space and ponding area. The Drainageway and ponds were constructed in numerous phases during the 1st through the 8th Additions. The trail through The Meadows is proposed to be constructed this fall as part of the completion of the Upper Valley Drainageway to Tahpah Park. Drainage from the TH 101 Bypass will access the Upper Valley Drainageway through a storm sewer beneath the proposed Sage Lane, Primrose Lane, and the existing Lupine Court. The storm sewer will connect with the TH 101 Bypass through the 20' drainage and utility easement located on the east side of Lot 21, Block 2 . 3 . The Minnesota Pollution Control Agency (MNPCA) has established noise standards on a statewide basis. The noise standards are provided in average decibels levels (dBA) for daytime (7: 00 a.m. to 10 p.m. ) and nighttime (10:00 p.m. to 7 : 00 a.m. ) . The noise standards have also been established for the amount of time within any given hour. The term L50 means the sound level exceeded 50 percent of the time in any one hour and L10 represents the sound level exceeded 10 percent of time in an hour. The following table lists the MNPCA noise standards for residential areas: 1 Daytime Nighttime L50 L10 L50 L10 60 dBA 65 dBA 50 dBA 55 dBA The nighttime standards between the hour of 6: 00 to 7 : 00 a.m. can be difficult to achieve with early morning commuter traffic. Local governments may also adopt ordinances to regulate noise. The City's current Subdivision Regulations currently provide less noise protection than the standards established by the MNPCA. Sec. 12 . 07 , Subd. 6 requires the buffering of residential subdivisions adjacent to arterial streets so that noise can be abated to a level of 70 dBA or below at all times. 4 . Since this plat is located adjacent to the proposed TH 101 Bypass, noise mitigation measures are required to protect the future residents. The applicant has submitted a noise analysis performed by Bill Bleckwenn, Pioneer Engineering, PA, for the proposed development. However, this noise analysis did not recommend that any type of continuous barrier (berm or wall) be constructed along the south boundary of the site to reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. The City has requested that the MNPCA review the noise analysis. The applicants are proposing to incorporate noise mitigation features into the design of the homes within this addition. Homes within the zone of excessive noise will be constructed according to the standards of the Department of Housing and Urban Development (HUD) using triple-paned windows, central air-conditioning, and 2' x 6' construction as a means to reduce ambient noise within the homes. (See Exhibit D. ) According to HUD, these methods will generally reduce interior noise levels by 25 to 30 dBA, thus bringing the interior noise levels significantly within the standards of the Minnesota Pollution Control Agency (MPCA) . However, the applicants are not proposing any noise mitigation measures for the areas outside of the homes or for the private yards. Staff is recommending that the applicant also provide external noise abatement measures, such as a berm, wall, etc. Staff has recommended a condition requiring the applicant to record an agreement which will notify home buyers of the future Bypass and its possible noise impacts. Staff has also sent a copy of the proposed noise mitigation measures to the MPCA for their review. 2 5. A 76' wide easement and a Minnegasco gas line crosses the proposed final plat. The easement crosses Outlot A and follows the property lines for proposed lots. Although it reduces the buildable area for lots adjacent to it, sufficient area exists for the development of the lots. 6. Outlot A measures approximately 4.7 acres in size. The Preliminary Plat designated that this outlot be dedicated as parkland, and that a trail be constructed between the lots to connect the proposed parkland to the intersection of Primrose Lane and Lupine Court. Previous plats required trail construction to connect Lupine Court from the 8th Addition to Mint Circle of The Meadows 4th Addition. Staff recommends that Outlot A of the 9th Addition be dedicated to the City and count toward the parkland dedication requirement for this plat. Staff also recommends that the developer construct an 8 foot wide trail within Outlot A between Lot 13 , Block 4, The Meadows 8th Addition, and the proposed Lot 1, Block 4 , The Meadows 9th Addition, to provide a connection between the proposed parkland and the proposed intersection of Primrose Lane and Lupine Court, as designated in the preliminary plat. 7 . All 66 of the lots within the proposed Final Plat meet or exceed the 9, 000 square foot minimum lot size requirement within the R-2 zoning district, and 26 of the lots meet the requirements for development with two-family dwellings. A condition has been suggested which limits the number of twin homes to no more than 10% of the lots within the plat (6 lots) . 8 . The developer is requesting a one year delay in the requirement to set the iron monuments for the plat. A condition has been recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City will require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. 9 . Since the Upper Valley Drainageway was constructed in several phases, the City has never accepted the drainageway. Currently, there are some final repairs and clean up required prior to final acceptance by the City. The City Engineer is recommending that the approval of the Final Plat be contingent on all repairs being made to the Upper Valley Drainageway and the City formally accepting the ditch and the ponds. 10. Grading and drainage plans, stormwater calculations, an erosion control plan, and final construction plans have been submitted and are in the process of being reviewed by staff. 3 11. If part of the plat is abstract, and part of the plat is torrens, the applicant shall provide a revised final plat which shows this division. 12 . Since the preliminary plat for The Meadows was approved after June 1, 1986, this project is exempted from the Wetlands Conservation Act of 1991. 13 . Approval of the Preliminary Plat required dedication of land for park purposes. Since the developer is phasing the final platting, he will be dedicating additional parkland to the City in future phases. The park dedication requirement for The Meadows 9th Addition is 2 .85 acres (10%) . This amount, less the dedication of Outlot A for parkland (4 .7 acres) , less the park dedication credit of 1. 2054 acres which resulted from the 8th Addition, results in a park dedication requirement credit of 3 .0554 acres. This land dedication shall be credited to the parkland dedication requirements for future developments of the plat. 14 . There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Final Plat of The Meadows, 9th Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 4 each per sign pole. A total of three (3) street signs will be required. f. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. g. The applicant shall dedicate Outlot A to the City for parkland dedication, as per the Preliminary Plat. The park dedication requirement for The Meadows 9th Addition is 2 . 85 acres (10%) . This amount, less the dedication of Outlot A for parkland (4 .7 acres) , less the parkland dedication credit of 1.2054 acres which resulted from the 8th Addition, results in a park dedication requirement credit of 3 . 0554 acres. This land dedication shall be credited to the parkland dedication requirements for future developments of the plat. h. The applicant shall construct an 8' bituminous trail within Outlot A between Lot 13, Block 4 , The Meadows 8th Addition, and the proposed Lot 1, Block 4 , The Meadows 9th Addition, to provide a connection between the proposed parkland and the proposed intersection of Primrose Lane and Lupine Court, as designated in the preliminary plat. i. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. 3 . The developer shall submit verification that the Minnesota Pollution Control Agency has approved the proposed noise mitigation plan prior to the recording of the Final Plat. 4 . Noise mitigation features shall be incorporated into the design of the homes within this addition prior to the issurance of the building permit. Homes within the zone of excessive noise will be constructed according to the standards of the Department of Housing and Urban Development (HUD) using triple-paned windows, central air-conditioning, and 2' x 6' construction as a means to reduce ambient noise within the homes to levels acceptable by the Minnesota Pollution Control Agency. 5. The developer shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development in accordance with the MNPCA noise standards. 5 6. The developer shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. 7 . If part of the plat is abstract, and part of the plat is torrens, the applicant shall provide a revised final plat which shows this division. 8. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (6 lots) . Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 9 . Prior to the recording of the Final Plat, all repairs required by the City shall be made to the Upper Valley Drainageway, and the City shall formally accept the ditch and ponds. 10. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 11. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. ACTION REQUESTED: Offer Resolution No. 3843 , A Resolution Approving the Final Plat for The Meadows 9th Addition, and move its adoption. 6 1Dav RESOLUTION NO. 3843 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF THE MEADOWS 9TH ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of The Meadows, 9th Addition on August 5, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of The Meadows, 9th Addition, described as: Outlot A, The Meadows 8th Addition; and That part of Outlot A, The Meadows 1st Addition, Scott County, Minnesota, lying westerly of a line parallel with and distant 30. 00 feet easterly of the westerly line, subject to easement. is hereby approved, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. A total of three (3) street signs 7 f. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. g. The applicant shall dedicate Outlot A to the City for parkland dedication, as per the Preliminary Plat. The park dedication requirement for The Meadows 9th Addition is 2 .85 acres (10%) . This amount, less the dedication of Outlot A for parkland (4.7 acres) , less the parkland dedication credit of 1. 2054 acres which resulted from the 8th Addition, results in a park dedication requirement credit of 3 . 0554 acres. This land dedication shall be credited to the parkland dedication requirements for future developments of the plat. h. The applicant shall construct an 8' bituminous trail within Outlot A between Lot 13 , Block 4 , The Meadows 8th Addition, and the proposed Lot 1, Block 4, The Meadows 9th Addition, to provide a connection between the proposed parkland and the proposed intersection of Primrose Lane and Lupine Court, as designated in the preliminary plat. i. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall post a bond or letter or credit to ensure compliance within the one year time frame. 3 . The developer shall submit verification that the Minnesota Pollution Control Agency has approved the proposed noise mitigation plan prior to the recording of the Final Plat. 4 . Noise mitigation features shall be incorporated into the design of the homes within this addition prior to issurance of the building permit. Homes within the zone of excessive noise will be constructed according to the standards of the Department of Housing and Urban Development (HUD) using triple-paned windows, central air-conditioning, and 2' x 6' construction as a means to reduce ambient noise within the homes to levels acceptable by the Minnesota Pollution Control Agency. 5. The developer shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development in accordance with the MNPCA noise standards. 6. The developer shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. 8 7 . If part of the plat is abstract, and part of the plat is torrens, the applicant shall provide a revised final plat which shows this division. 8 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (6 lots) . Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 9. Prior to the recording of the Final Plat, all repairs required by the City shall be made to the Upper Valley Drainageway, and the City shall formally accept the ditch and ponds. 10. Prior to the recording of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 11. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. 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: City Attorney 9 . EXIHBIT A • -w -% `tom--... ,.w-.... f t.•^7Cf+- _.:-br_!. -s73•-`-'t -:ze-: -.-+ .. - - Q1,.` .. y f .-I!_-.-.1 1 • ..1 i - _. .._.._ <: ri.' t • 7. . ,r;--,.. ... t 8g ✓ r _•___ y r�' _ r...�..+. In-7 11 rte." --'7-1 r •--- --1 ---.. -- • 1.. ..7.:,_:�' : _:2 mit_: _... :. .---° .�_.-.L ----- •••- .. ---- ----1 -: per `____ -=- -f'� '\2 ligir .4S ', . A . . S Q - �, P o" �• w ,...-_.t. . . . 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I. s•....' , .. . ,,-- :'a.!':\A52"..:. : -..i-':,:3::: -• ie: ,•1‘..;N t • . - .., 4 P ill „. ...,1. 11i• 8, ••�l 7 @ 1 t.1 .� •�1 IrkY�`�' )Ci - • •t-i . , ,,,� --,46.4.,;04,„?.., .. , ' � tzl I I 3 , 4 ���MERITOR DEVELOPMENT „01 110. `•«w £i COflPORATION �.,. ,. _ ,i i PRELIMINARY PLAT . N 1 'THE MEADOWS. •• •.. • • • ••••1•••••11 .r .001. . { EXHIBIT D MEMORANDUM TO: Lindberg Ekola, Planner, City of Shakopee FROM: Bill Bleckwenn, Pioneer Engineering, P.A. DATE: 1 July 1993 RE: Projected noise levels, Meadows 9th Addition Noise levels were modeled for selected receptors in the proposed Meadows Ninth Addition using the projected traffic counts for Trunk Highway 101 for the years 1996 and 2005 generated by the Minnesota Department of Transportation (MnDOT). The noise levels were developed using the STAMINA 2.0 noise modeling software also used by MnDOT and the Minnesota Pollution Control Agency (MPCA) to project noise levels. The results of the noise analysis are detailed on the attached exhibits. Projected daytime noise levels from TH 101 traffic for the year 1996 were within the MPCA standards of 65 dBA (L10) and 60 dBA (L50) for the 27 residential receptors that were modeled. Projected daytime noise levels for the year 2005 did not exceed the MPCA L10 standard of 65 dBA for any selected receptors, but did exceed the L50 standard of 60 dBA for receptors R1 to -R5. The noise level at these receptors exceeded the standard by a maximum of 1.2 dBA. P.ojected nighttime noise levels for the -year 1996 exceeded the MPCA nighttime residential noise standards of 55 dBA (L10) and 50 dBA (L50) for receptors R1 to R15 and R22 to R26. The noise level at these receptors exceeded the standard by a maximum of 4.3 dBA. For the year 2005, projected noise levels exceeded the MPCA L10 standard at receptors R1 to R16 and R20 to R26 by amounts of .4 to 6.0 dBA. The L50 standard was exceeded at all receptors by an amount of 0.2 to 6.0 dBA. The zones in which excessive noise levels are projected are shown on the attached exhibits. Generally, the proposed building locations that may experience noise levels in excess of MPCA standards are located in the two tiers of lots adjacent to the TH 101 corridor. It should be noted that the hours selected for the analysis were 6-7 AM for the nighttime period and 4-5 PM for the daytime period. These two hours definitely represent worst case conditions for daytime and nighttime periods. The majority of the time will experience much reduced traffic and traffic- generated noise since the traffic counts that were modeled for both periods represent peak hour conditions. Noise mitigation features shall be incorporated into the design of the homes within the Meadows Ninth Addition. Homes within the zone of excessive noise shall be constructed according to the Department of Housing and Urban Development (HUD) standards, using triple-paned windows, central air-conditioning, and 2 x 6 construction as a means to reduce ambient noise within the homes. According to Dan Maloga, Environmental Officer with HUD, these methods will generally reduce interior noise levels 25 to 30 dBA, thus bringing interior noise levels significantly within MPCA standards. Unlike noise impacts that proposed highways may have on existing homesites, the Meadows Ninth will have noise attenuation features built into the houses which may reduce the need for additional peripheral noise abatement. N r 0 . Fr K x m m .— D a 00 - 33m N o Zcji z � ,-- r---: -7 .-;IT.--„5--6--.):-/ -: -(7..1.:.....-..r.:1\4-1...--2, :•"5' .e0.,,_„.;: . . / . .:\.. \\ '. —ma. ' .., '1,i's 1, 7-te.,7... . . \41) 1...t ,\-. • s_\. 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' ss.• 1 \ l • ;i)as ,` �' .. 0 ' i t • it / : �4 Sp ' 1 2(4., ' 1-a... rA a4,........-...... me, -:,• ,..,., y \ , )."fk\ c ' T 'if i : i' '-- - \ \ `-'/\-.1 z .1_,, ... c: „z ; ... ...: .. .7., far • ..,. , 7., _. 1_, ---1 : m : • •1: :. „,::-.„, .,....„0-1,7 ,- i ,.\----. \\ ' .....osi0 >",,t4 . ...._.(- 7.• \\ \ ''. \ 5. : -(7,L,--'7 .. .-Cm)-——727 —r—7--- ---- \'''\. .1' \ \ \• \ . '‘10 (I) ' --r._.L.,•-:---. :-•-...' •c\A , . •!.... 'i \ 1 \ 1\ i , :111.-. 1.,,,i.g 1 .- A Z.o k , ( a cn m ♦ I ( .% :, n '‘.. trill '-.! 111 ::- . 't li k i I \ [ /\1 I I 1 ',/1"/ .*-7:-,.:\s. .: •\,. .:,1 11 i \ 1 ♦ / I \ / =: / I / "41 i / / / / • ( I \ \ l 1 ♦ JUL 30 '93 09:53AM FCA AIR 0'I^' TT`•' nT',r7,"!, EXHIBIT E Minnesota Pollution Control Agency Ilia, • Post•It'"brand fax transm ttal memo 7671 i•of mos To From July 30, 1993 0. �..� • • °' /A."(-7 L A Dep NOWIRIIIIIIIIIIII w - ■x'L-lu s - - - ie.,. Ms. Terrie Sandbeck City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Ekola: Subject: The Meadows 9th Addition Thank you for the opportunity to comment on the Meadows 9th lAdditioonur development proposal. As indicated in the information supe Trunk Highway office, oproximity of sesthe concernsws 9th regardingition to excessivehe exterior$noise levels at a nun 101 project raise a number of sites within the develoc�rridorBased does notaincludeenoisermitigationthe construction plan for the T.H. 10 adjacent to the Meadows 9th Addition• BecusedtheceitMinnthesotasDepartmentctructn ofhe Transportation has received a permroaoved noise mitigation plan, the T.H. t to 101 project, including an appbecomes responsibility to ensure compliance with complianceswithe asaiddstandards iSat of the city. The city's ability to affect addressed in Minn. Rules ch. 7010.0030, Noise Control Requirement: "Any municipality having authority to regulate to prevent take all reasonable measures within its jurisdictionea he establishment of land use activities listed in innnoiseearea standards classification (NAC) 1, 2, or 3 in any established in part 70110.00S • 7010.0040 will be violated immediately upon establishment of the land To ensure compliance with the provisions sControle aAgencyrds i(MPCA)respect to the Meadows 9th Addition), the Minnesota Pollution recommends that the city require construction of noise mitigation along the T.H. 101 corridor adjacent to the proposed development. The mitigation should be designed to minimally achieve compliance withrailsstate t teodaytime analysis me and nighttime noise standards, at all affected year 2005. Possible design alternaco��inationthe ofmbothatiThecould MYCA advises earthen berming, noise walls, or a against the use of vegetation as a noise abatement practice. TDD (for hearing and speech impaired only) : (612)297-5353 printed on recycled paper containing at least 10% fibers from paper recycled by consumers. 520 Lafayette Rd.: St. Paul, MN 55155-4194: (612) 296-63C0: Regional Offices: Duluth•Brainerd •Detroit Lakes•Marshall •Rochester Equal Opportunity Employer•Printed on Recycled Paper JUL JU y.J U7' JJHI'I r'l,H Him UUHLL I Y U1'J1SiVlV �'` Ms. Terrie Sandbeck July 30, 1993 Page 2 Again, thank you for the opportunity to provide comment on this project. The MPCA invites and encourages this level of coordination in addressing issues that may have long standing impact within a community. If you should have specific questions regarding the enclosed comments, you may contact me directly at (612)296-7372. Sincerel .�.,. Charlie R. Kennedy l Noise Program Coordiri t.p .. Air Quality Division CRKtjmd cc: Jim Hansen, Minnesota Department of Transportation IDI MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Proposed Planned Unit Development: Final Development Plan and Preliminary Plat for Westridge Bay Estates II DATE: August 6, 1993 INTRODUCTION: At their August 5, 1993 , meeting, the Planning Commission recommended approval of both the Final Development Plan for the Planned Unit Development and the Preliminary Plat, subject to 26 conditions. BACKGROUND: Mr. Darrel Gonyea of Westridge Bay Company has submitted an application for approval of the Final Development Plan of the proposed Planned Unit Development (PUD) and an application for approval of the Preliminary Plat for Westridge Bay Estates II. The proposed development covers 129. 18 acres of land and is located north of CR 14 , along the southern shore of O'Dowd Lake. The majority of the subject site is zoned Shoreland (S) . The southern portion of the site is zoned Rural Residential (R-1) . (See Exhibit A. ) At their June 1, 1993 , meeting, the City Council approved the Preliminary Development Plan for this proposed development, subject to 26 conditions. (See Exhibit B. ) The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. The City Council approved several variances for the proposed PUD with their approval of the Preliminary Development Plan. However, they did not approve the applicant's request for a 25 foot variance to the 100 foot setback from the Ordinary High Water (OHW) mark required on the two islands. The applicant is having difficulties in siting a house pad on the island to the east using the 100 foot icant is setback rega i25m foot varianceement. With his to the 100 application, 100 foot setback requestingkfr m the Ordinary High Water (OHW) mark for the two islands. 1 CONSIDERATIONS: 1. The properties that the applicant is proposing to develop are unique in shape and character. The main peninsula extends approximately 2 , 300 feet into O'Dowd Lake. The island to the east measures 2 .47 acres in size, and the island to the west measures 2 . 39 acres in size. The main peninsula covers approximately 27 . 5 acres. 2 . The applicant has submitted a letter (See Exhibit C) which lists changes made since the Planning Commission's review of the Preliminary Development Plan. These changes include: A. The number of lots on the two islands has been reduced from two lots to one lot per island. B. The total number of lots has been reduced from 64 to 59 . C. The number of lots on the peninsula was reduced by 4 lots. D. The location of Peninsula Point Road was shifted so as not to disturb the wetland. 3 . In the review and approval of the Preliminary Development Plan, the City Council approved the following variances at their June 1, 1993 , meeting: A. Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-way. Two lots have been proposed on the two islands which would not have frontage on a public right- of-way. (Lot 1, Block 6, and Lot 1, Block 7) Access would be provided on two access easements located on proposed private property (Lot 11 and Lot 13 , Block 5) . B. Section 12 . 07 , regarding Design Standards for Subdivisions, Subd. 1.B (f) , to construct a cul-de-sac in excess of 1, 000 feet in length. The applicant is proposing to construct a cul-de-sac over 3 , 070 feet in length, beginning at the northern edge of WestRidge Drive, going east on Vista Ridge Lane, and to the northern end of Peninsula Point Road. C. Section 12 . 1, Subd. 3 regarding the split of the Chessen property. The applicant is proposing to split the two islands from the Chessen property to the east and connect them with the Schneider property in the PUD. The portion of the Chessen property to not be included in the PUD is less than 500 feet in width and less than 20 acres. D. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding minimum lot size of 2 . 5 acres. The applicant 2 is proposing a minimum lot size of 1 acre, as per Section 11.40.C. , regarding Planned Unit Developments, paragraphs 2 and 3 . E. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet. The applicant is proposing to construct lots at only 150 feet in width. F. Section 11. 35, Shoreland Zoning District, Subd. 7 .B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for a private drive and the proposed Peninsula Point Road. 4 . With the approval of the final development plan, the applicant is requesting approval of the following variance: A. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. The applicant is proposing a minimum setback of 75 feet for Lot 1, Block 6, and Lot 1, Block 7 . The Department of Natural Resources has stated that they would not be opposed to a building setback of 75' if restrictive covenants are in place that would ensure neutral or earth tone colors for the homes on those lots, and a buffer of natural, unmown vegetation within 50' of the shore. They stated that selective cutting to provide a 20' wide access to a dock would be reasonable. A condition has been recommended to require that these restrictive covenants are in place. The Planning Commission has recommended approval of this variance request. 5. The Planning Commission recommended approval of the Preliminary Development Plan to the City Council upon the applicant receiving approval of four detail plans in addition to other conditions. (See Exhibit D. ) These plans (as listed below) were approved by the Planning Commission at their August 5 meeting: Condition No. Plan 10 Emergency Access Plan 11 Phasing Plan 12 Common Water Distribution Plan 17 Sewer Treatment Plan 6. The City Council approved the Preliminary Development Plan subject to five conditions required by the Engineering Department (Conditions 8, 9, 18, 19 and 20) . The applicant has submitted the required plans (grading and drainage plans, stormwater management plan, wetland delineation plan etc) . These plans are to be approved prior to or concurrent with the final development plan and the preliminary plat approval by 3 the City Council. The applicant has made good progress on receiving approvals for these plans. Staff will provide an update on these plans at the August 17 meeting. 7 . Section 11. 40, Planned Unit Development (PUD) , Subd. 2 , states that PUD lots must be a minimum of 1/2 acre in size and have two septic sites identified. Two septic system sites have been identified for all of the lots on the Final Development Plan. In addition, this portion of the City Code requires that a minimum of 70% of the lots be adjacent to open space, and lots not adjacent to open space must be a minimum of one acre in size. The proposed development meets these requirements. 8. Section 11.40, Planned Unit Development (PUD) , Subd. 4 .E, states that where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to forty (40) percent of the requirements of the Park Dedication Requirements may be given, provided that the following conditions are met: A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to service the development. With this application, the applicant has requested a reduction of 40% . (See Exhibit E. ) In reviewing the 40 percent park dedication credit, the City Council should consider the five criteria (listed above) . Staff is of the opinion that a credit should not be granted since the proposed open space is passive in design and will not significantly reduce the demand 4 for public recreational facilities. 9 . Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The resulting park dedication fees are extremely low. The park dedication requirement would be approximately $9 , 195, or only $155. 65 per residential lot. Over the past two years, the average park dedication fee has ranged from $350 to $550 per single family residential lot. Based on the low calculations, staff would recommend hiring an appraiser to perform an appraisal for the parcels. The appraisal would cost approximately $1, 000 and would be funded by the Park Reserve Fund. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 10. If the City approves the two access easements across the residential lots, approval from the Minnesota Department of Natural Resources (DNR) will be required in order to construct two bridges to the islands because this work would be performed on wetlands that are under the jurisdiction of the Army Corps of Engineers. The applicant has submitted a Permit Application to Work in Protected Waters or Wetlands to the DNR. The applicant had originally proposed to raise the land for the access drives above the ordinary high watermark (OHW) of 945. 2 feet. However, the DNR would not issue a permit to fill in these areas. 11. The developer will be required to dedicate drainage and utility easements for each of the lots. Ten foot wide easements are required along the sides of the lots that are located along the perimeter of the plat, and the sides of the lot which abut a street. Five foot wide utility easements are required along all other lot lines. With the first addition, the applicant is proposing 10' drainage and utility lines around the perimeter of all lots. With the platting of the two islands, drainage and utility easements will need to be dedicated in order to provide utilities to these lots. 5 12 . The subdivision regulations limit cul-de-sac street lengths to 1, 000 feet in length in the rural service area. The developer is proposing a 2, 650 foot permanent cul-de-sac street (Peninsula Point Road) in this PUD. The interim measurement of Peninsula Point Road would measure 3 , 100 feet until street access to the east is constructed. The high ground on the peninsula tends to be located toward the western end. There are two wetlands located in the isthmus of the peninsula. These wetlands, along with the narrowing of the peninsula limit the development of lots in this isthmus. The developer is proposing to retain much of this area in common open space (Outlot D) . In 1992 , the City Council adopted an interim policy on cul-de- sac street lengths. This policy identified the 200 Average Daily Traffic (ADT) volume as one of the criteria in granting variances to cul-de-sac street lengths limits. Other criteria included street alignment and topography. This policy expired in September of 1992. The developer originally proposed that 21 lots be constructed with access onto Peninsula Point Road. Condition No. 13 of the resolution approving the Preliminary Plat recommended that at least one lot be removed from the peninsula to reduce the traffic volume from 210 ADT to the 200 ADT level. With this application, the applicant is proposing 15 lots with access onto Peninsula Point Road. The ADT generated by 15 home would not exceed the previous policy of 200 ADT (150 trips) . In terms of alignment and topography, the street is limited in its location. The developer has located the street along the center ridge of the peninsula. The alignment is generally straight except in the isthmus area. In this narrow are, the street would be adjacent to approximately 500 feet of open space which will not generate any traffic. 13 . There are three alternatives to provide access to the lots on the Chessen islands. The following list identifies these alternatives: 1. Public cul-de-sac streets on public rights-of-way. 2 . Private driveways on outlots owned and maintained by the homeowners association. 3 . Private driveways on private easements owned and maintained by the affected property owners only. The Planning Commission recommended the second alternative to the City Council. At the May 18 City Council meeting, discussion was made in preference toward the third alternative. The applicant is now proposing private 6 driveways. The Planning Commission is recommending that the portion of the driveways to the Chessen islands which cross the private lots (Lots 11 and 13 of block 5) be paved. 14 . Mr. Larry Schlasinger is the fee owner of the Chessen property, including the two islands. The Chessens are purchasing the property on a contract for deed basis. The City Attorney has commented that in the subdivision platting process all parties holding an interest in the properties must sign the subdivision plat. Mr. Schlasinger, as the fee owner, would have to sign the plat and other development documents in order for the subdivision plat to be recorded. If Mr. Schlasinger does not sign these documents, the plat cannot be recorded. 15. The City Engineer has commented that the applicant is proposing to avoid the disturbance of any wetlands within the proposed development. City staff will be verifying this information and issuing the applicant a Certificate of Exemption to the Wetlands Act of 1991 upon the completion of this verification. 16. The Department of Natural Resources has reviewed the proposed Final Development Plan and Preliminary Plat and has recommended their approval. 17 . The applicant's engineer and the Scott County Highway Department staff have designed as acceptable alignment for the Vista Ridge/CR 14/CR 79 intersection. This action satisfies one of the conditions from the preliminary PUD. Other comments from the County Engineer will be carried through the review process as appropriate. 18 . Condition 22 required a 50 foot right-of-way dedication along CSAH 14 . The applicant is currently proposing only between 33 ' and 40' of right-of-way dedication with this application. The 50 foot right-of-way must be provided on the final plat. 19 . With the approval of the Preliminary Development Plan, the City Council approved a variance to Section 11. 35, Subd. 6 to allow the minimum lot width to be reduced to 150 feet. Lot 5, Lot 7 , Lot 14 , and Lot 15 of Block 5, do not meet the 150' minimum lot width requirement. A condition has been recommended requiring these lot lines to be adjusted to meet this requirement. 20. A copy of the final development plan is attached as Exhibit F. A copy of the reduced preliminary plat has been attached as Exhibit G. Since the preliminary plat information has been shown on the preliminary and final development plan, the proposed 7 preliminary plat is being used to illustrate the configuration for the final plat. (The 11"x17" copies of the preliminary plat are attached at the end of the packet. ) ALTERNATIVES: 1. Approve the Final Development Plan and the Preliminary Plat for Westridge Bay Estates II, subject to conditions. 2 . Modify the conditions recommended by the Planning Commission, and approve the Final Development Plan and the Preliminary Plat. 3 . Deny the request for approval of the Final Development Plan and the Preliminary Plat. 4 . Table the decision requesting further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Final Development Plan and the Preliminary Plat for Westridge Bay Estates II (Alternative No. 1) , subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The following variances are approved: A. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the lots on the two islands (Lot 1 of Block 6 and Lot 1 of Block 7) . Private streets shall be paved and shall be maintained by 8 a Homeowners Association. B. A variance to Section 12 . 07, Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul- de-sac street up to 3 , 200 feet in length. C. A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. D. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. E. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. F. A variance to Section 11. 35, Subd. 7 .B is approved to reduce the minimum distance of the two driveways providing access to the lots on the islands to be no less than twenty-five feet from the ordinary high water mark. G. A 25' variance to Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. A minimum setback of 75 feet is required for Lot 1, Block 6, and Lot 1, Block 7 . 4 . The applicant shall implement restrictive covenants for the development of the two islands to ensure neutral or earth tone colors for the homes on those lots, and that a buffer of natural, unmown vegetation within 50' of the shore be maintained. Selective cutting to provide one 20' wide access to one dock per lot shall be allowed. 5 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 6. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 7 . The number of single family residential lots is limited to a maximum of 59. The maximum number of lots on the peninsula and two islands shall be 15. Only one lot will be allowed on 9 each island. 8 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 9 . No direct access from lots to CSAH 14 will be permitted. 10. No trees or monuments will be permitted within the right-of- way of CSAH 14 . 11. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 12 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 13 . The applicant shall provide a revised Final Development Plan which renames the six (6) wetlands as "Wetland A" through "Wetland F" . 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 15. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 16. Access from a County Road requires an approved County Entrance Permit. 17 . A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 18 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval by the City Council: A. The Wetlands Mitigation Plan B. Dredging activities in O'Dowd Lake. C. Bridges providing access to the two islands. D. Residential development on the two islands. E. Boat docks. 19 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 10 20. Approval of the Final Development Plan is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. 21. Approval of the Final Development Plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive, and the County Engineer's approval of the design of the intersection. 22 . Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: A. The Preliminary Grading and Drainage Plan; B. The Erosion Control Plan; C. The Stormwater Management Plan, including the stormwater calculations; and D. The Final Construction Plans for all public improvements. 23 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which provides 50 feet of right-of-way dedication along CSAH 14 . 24 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which adjusts the lot lines adjacent to Lot 5, Lot 7 , Lot 14 , and Lot 15, Block 5, to allow these lots to meet the minimum lot width of 150 feet as approved by variance with the Preliminary Development Plan. 25. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 26. The portions of the driveways to the two Chessen island which cross Lot 11 and 13 of Block 5 in private easements shall be paved as approved by the City Engineer. Driveway improvements shall be the responsibility of the island lot owners. ACTION REQUESTED: Offer Resolution No. 3844 , A Resolution Approving the Final Development Plan for the Planned Unit Development and the Preliminary Plat for Westridge Bay Estates II, and move its adoption. 11 RESOLUTION NO. 3844 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT, AND THE PRELIMINARY PLAT, FOR WESTRIDGE BAY ESTATES II. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Development Plan for the Planned Unit Development, and the Preliminary Plat, of Westridge Bay Estates II on August 5, 1993 , and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Development Plan for the Planned Unit Development, and the Preliminary Plat, of Westridge Bay Estates II, described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The following variances are approved: A. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the lots on the two islands (Lot 1 of Block 6 and Lot 1 of Block 7) . Private streets shall be paved and shall be maintained by a Homeowners Association. B. A variance to Section 12 . 07 , Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul-de-sac street up to 3 , 200 feet in length. 12 C. A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. D. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. E. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. F. A variance to Section 11. 35, Subd. 7 .B is approved to reduce the minimum distance of the two driveways providing access to the lots on the islands to be no less than twenty-five feet from the ordinary high water mark. G. A 25' variance to Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. A minimum setback of 75 feet is required for Lot 1, Block 6, and Lot 1, Block 7 . 4 . The applicant shall implement restrictive covenants for the development of the two islands to ensure neutral or earth tone colors for the homes on those lots, and that a buffer of natural, unmown vegetation within 50' of the shore be maintained. Selective cutting to provide one 20' wide access to one dock per lot shall be allowed. 5. The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 6 . The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 7 . The number of single family residential lots is limited to a maximum of 59 . The maximum number of lots on the peninsula and two islands shall be 15. Only one lot will be allowed on each island. 8 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 13 9. No direct access from lots to CSAH 14 will be permitted. 10. No trees or monuments will be permitted within the right-of- way of CSAH 14 . 11. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 12 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 13 . The applicant shall provide a revised Final Development Plan which renames the six (6) wetlands as "Wetland A" through "Wetland F" . 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 15. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 16. Access from a County Road requires an approved County Entrance Permit. 17 . A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 18 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval by the City Council: A. The Wetlands Mitigation Plan B. Dredging activities in O'Dowd Lake. C. Bridges providing access to the two islands. D. Residential development on the two islands. E. Boat docks. 19 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 20. Approval of the Final Development Plan is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. 21. Approval of the Final Development Plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive, and the County Engineer's 14 approval of the design of the intersection. 22 . Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: A. The Preliminary Grading and Drainage Plan; B. The Erosion Control Plan; C. The Stormwater Management Plan, including the stormwater calculations; and D. The Final Construction Plans for all public improvements. 23 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which provides 50 feet of right-of-way dedication along CSAH 14 . 24 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which adjusts the lot lines adjacent to Lot 5, Lot 7 , Lot 14 , and Lot 15, Block 5, to allow these lots to meet the minimum lot width of 150 feet as approved by variance with the Preliminary Development Plan. 25. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 26. The portions of the driveways to the two Chessen islands which cross Lot 11 and 13 of Block 5 in private easements shall be paved as approved by the City Engineer. Driveway improvements shall be the responsibility of the island lot owners. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development, the Preliminary Plat, and the developer's agreement. 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: City Attorney 15 EXHIBIT A •• , . ..,•,; : ..,d;a sit....t.r• r.., ---..—.--7,0 .., . ' • --7.—. ...71.1. ." ........". .. z • .4 .._.____ ......... 1.11 ••• g,-1 : ,-......•• • . •— • :.---- . At .,......., A—. on i . ...VISi.-..--...-._ 2 1 -----m-jr-1-----=:4--z--..-e,-rre-Acc..... _________—!----- ' ),It E t3'Art S 1: • .-3 iili ii • li I it I Zir. I it i • Of -------2-------'--"Ill - - - . ..i• _____zit________:L.-....np,3, ,e _ c; 4 7 7 I 1i is e i ... - -- _______ 1 P, "N 1 1 1 1 2 4• i s9 ___ ------ . •- II i i .:\ .:.'• 1 i ' . • a .. . .• t) \. TRAILS 7,71,.. 1 1 I A 0 011 i , ••,, .. - , 1. i • 0 1 0 i I, i .--- k.e. / •' \ ! - -111.-.. ..r,r‘k 11. • • (4 \ s••1',. ,t- • • I . --7. - ‘ --) \ 4—", - 77/2„t",.• 0, ;var. rg 7------1,...----------...--1 ......' ...,..... •1/4.... I.,.._ i ,,L,I ..- . \1 ; l'i 'Dowd t.cote i Q.-, A.._. / "I • 11 11 \,,, 1 • —A..— ' 70:::".• \ 7 /... — • . e-- 11 4.' A . • • • , .-,. ,..- I', ( • 11 4.; _r_ ••••- _- - - 1 — --- ' SI,: 1 t `--... I N. AG AGRICULTURE , . ...._ -.. 400' •..::::.i: '' i'''':' ..•.-'. . Maginnki:..,..........:.,..;.4 -C i 4,,,,,..:%,..•::::,:,,,-•.::.,,,'":,:.:.,,,,,,,,,..x. i 1 °CEA i R 1 RURAL RESIDENTIAL Nr..:,.. j ,i,liml•:.:",i:::..4:..:„:„,...:1.11.,..!.!....":11,, 1:4671.--i-r--.--.7f t 1 AOC tT _ ..... R2 URBAN RESIDENTIAL , ...„.:Th , t--...-- .....ii,,,3ifiwgii.: I ,,,s•, L R3 MID—DENSITY RES. • ...48,PA R4 MULTI FAMILY RES. ......ktfratter.. SUBJECT snt > Bi HIGHWAY BUSINESS • CSA 14 B2 COMMUNITY BUSINESS - ,--...... — i (- ,,......0 . ‘• B3 CENTRAL BUSINESS • ../.... : --, i t 1 c.,-, .. 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND --I-7;----: . :- \ C' 1 _. ---‘ I. i - --...-..-;.0 ..-- , .. i i \ L it 4 r 1 •-•••'...1`. 146A41 . i \..r\ 1 31 • \ ' ------- . . wil FLOODPLAIN DISTRICT 1 1----*--r----- i , .7, 1.1 \ . _,...•. .......___, --- MANDATORY PUD ______ ___—.,2-11 ' ) ,-------:: ,,—, . i 1 • . - 1,-._-...„'.1 RTD RACETRACK DISTRICT - ---- - -- - • _ ... g ZoninMap . ., City ' of SHAKOPEE __ EXHIBIT B RESOLUTION NO. 3797 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR WESTRIDGE BAY ESTATES II. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Westridge Bay Estates II on May 6, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Development Plan of Westridge Bay Estates II, described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. A variance to Section 11 . 03 , Subd. 3 , requiring frontage on a public right-of-way is approved for the lots on the two islands (Lot 15 of Block 6 and Lot 6 of Block 7) . Access shall be provided by private driveways on private easements owned and maintained by the owners of the respective island lots. 2 . A variance to Section 12 . 07 , Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul-de- sac street up to 3 , 200 feet in length. 3 . A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. 4 . A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. 5. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. 6. A variance to Section 11 . 35, Subd. 7 .B is approved to reduce the minimum distance of the two driveways providing access to the lots on the islands to be no less than twenty-five feet from the ordinary high water mark. 7 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 8 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval: a. The Wetlands Mitigation Plan b. Dredging activities in O'Dowd Lake. c. Bridges providing access to the two islands. d. Residential development on the two islands. e. Boat docks. 9 . The applicant must obtain City of Shakopee approval for compliance with the 1991 Wetlands Conservation Act prior to approval of the preliminary plat. 10. An Emergency Access Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 11. A Phasing Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 12 . A Common Water Distribution Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 13 . The number of single family residential lots is limited to a maximum of 62 . The maximum number of lots on the peninsula and two islands shall be 19. Only one lot will be allowed on each island. 14 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 15. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 16. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 17 . A Sewer Treatment Plan which contains a soils report with analysis by a qualified septic system designer must be approved by the Planning Commission prior to or concurrent with the final development plan. 18. The preliminary Grading and Drainage Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 19 . The Erosion Control Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 20. The Stormwater Management Plan including the stormwater calculations must be approved by the City Engineer prior to or concurrent with the final development plan. 21. Approval of the preliminary development plan is contingent on County Engineer's approval of the CR 79/Vista Ridge Drive/CR 14 intersection. 22 . 50 foot right-of-way dedication along CSAH 14 . 23 . No direct access from lots to CSAH 14 will be permitted. 24 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 25 . No raising of water levels within the right-of-way of CSAH 14 will be permitted. 26. Access from a County Road requires an approved County Entrance Permit. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Preliminary Development Plan and Development Agreement. 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: City Attorney EXHIBIT C July 12 , 1993 Honorable Mayor Gary Laurent and Members of the City Council City of Shakopee 129 South Holmes Shakopee, MN 55379-1376 SUBJECT: Westridge Bay Company Westridge Bay Estates II Dear Mayor Laurent and Council Members: On June 1 , 1993 , the Shakopee City Council approved the Preliminary Development Plan for westridge Bay Estates II by Resolution No. 3797 . The applicant, westridge Bay Company, hereby requests approval of the Final Planned Unit Development Plan and the Preliminary Plat. The changes to the Preliminary Planned Unit Development Plan are as follows: 1 . The number of lots on the Chessen Islands has been reduced to one on each island. 2 . After a thorough On-Site Sewer Evaluation, the total number of lots has been reduced from 64 lots to 59 lots. 3 . The number of lots on the Peninsula was reduced by 4 lots. 4 . Peninsula Point Road was shifted slightly, so as not to disturb the Wetland. At the June 1 , 1993 meeting, the Shakopee City Council did not approve the 75 foot setback for the buildings on the Chessen Islands. The Final P.U.D. shows the difficulty of siting a house on the Eastern Island. The applicant is hereby requesting a variance from 100 feet to 75 feet for the building setback on the Chessen Islands. Sincerely, WESTRIDGE BAY CO /,;(-""-ci•-'14/ - , 4 • Darrel E. Gonyea President EXHIBIT PARK DEDICATION REQUIREMENTS WORKSHEET City of Shakopee Applicant WESTRIDGE BAY COMPANY Project Name Westridge Bay Estates II Project Location Section 30. Township 115. Range 22. Cnnnty Road 14 27-930003-0 PID Numbers 27-930004-4 Project Size 123.45 acres Year Property Purchased _ Not yet purchased _ _ Purchase Price $ To Be Determined Last Year Property Appraised NO Appraisal Value $ NO Scott County Assessed Value $ 112,600.00 Will a deferral of the Park Dedication requirements be requested? x Yes Fo Reasons for deferral request: Two property owners are involved and it would be a hardship on one landowner to pav fees before a lot is sold. Written requests for deferrals must be submitted with this application and the application for preliminary plat approval or the preliminary plat application cannot be processed. (PARJmIDLAPP) REASON FOR REDUCTION OF PARK FEE REFERENCE: PARK DEDICATION REQUIREMENTS INFORMATIONAL HANDOUT It appears that the basis in which the park fee is calculated in the rural unsewered areas places a greater burden on lots in this subdivision. If a farmer has owned the land for many years, the assessed value and/or appraised value would be much lower than a recent purchase price. If a parcel of land in the sewered areas of Shakopee is purchased at $6,000.00/per acre and the City allowed 2.5 lots per acre, the park fee per lot would be $240.00. If a parcel of land in the City of Shakopee in an unsewered area is purchased at $6,000.00/per acre and the City allows 1 lot per 2.5 acres, the park fee per lot would be $1,500.00. In the above referenced document, the city requires that an amount equal to 10% of the underdeveloped land be reserved or dedicated to the pub- lic for public use for parks, playgrounds, trails, wetlands or open space. The grass land area of both parcels is 171.5 acres. The amount of land above the normal shoreline is 123.45 acres. The amount of land that will be dedicated by the applicant with the plot of Westridge Bay Estates II is as follows: (A) Land below normal shoreline 48.05 acres (B) Open space 30.90 acres (C) Total dedicated land 78.95 acres The open space required by the P.U.D. is 24.69 acres. The applicant is providing an additional 6.21 acres over and above the requirement and requests a credit of 6.21 acres against the 12.345 acre park requirement. This 6.21 acre dedication is equal to 50.3% of the total 12.345 acre park requirement. Section 11.40, Subdivision 4.E of the P.U.D. ordinance allows for a cre- dit of 40% of the park requirement for the dedication of the required open space of 24.69 acres. According to the above referenced document, the fair market value of the land is to be determined in order of a set preference. There has been no sale or appraisal of the land within the last year. The value determined by the County Assessor for tax purposes is $122,600.00. The applicant therefore requests that the park dedication be computed as follows: ACRES AMOUNT Total Park Requirement 12.345 $12,260.00 P.U.D. 40% Credit 4.938 4,904.00 Excess Dedication 6.21 6,166. 78 Balance of Park Requirement 1.197 1,189.22 EXHIBIT I) EMERGENCY ACCESS PLAN RE: Lot 1, Block 6 and Lot 1, Block 7, Westridge Bay Estates II . In accordance with Requirement 10 of Shakopee City Council Resolution No. 3797, the applicant has developed an Emergency Access Plan with the Shakopee Fire Chief . Enclosed is a copy of the Emergency Access Plan Map which shows the Common Water System and future stand pipes to implement the Emergency Access Plan. 1 . The bridge connecting Lot 1, Block 6 with Lot 11, Block 5, shall be a minimum of 12 feet wide and shall be able to support emergency vehicles and equipment weighing 30 tons . These bridge specifications shall be submitted to and approved by the Shakopee Fire Chief prior to issuance of a building permit for Lot 1, Block 6 . 2 . The bridge connecting Lot 1, Block 7 with Lot 13, Block 5, shall be a minimum of 12 feet wide and shall be able to support emergency vehicles and equipment weighing 30 tons . These bridge specifications shall be submitted to and approved by the Shakopee Fire Chief prior to issuance of a building permit for Lot 1, Block 7 . 3 . The stand pipe shown on the Emergency Access Plan Map for Lot 1, Block 6 shall be constructed by the owner of Lot 1, Block 6 . The location and specifications of the stand pipe shall be sumitted to and approved by the Shakopee Fire Chief prior to issuance of a building permit for Lot 1, Block 6 . 4 . The stand pipe shown on the Emergency Access Plan Map for Lot 1, Block 7 shall be constructed by the owner of Lot 1, Block 7 . The location and specifications of the stand pipe shall be sumitted to and approved by the Shakopee Fire Chief prior to issuance of a building permit for Lot 1, Block 7 . . I • ,---•--- - _ ---- I • ininismp. i,fi . I • I . 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I . :,j.' ..,•''' ..V. l>. ;A^I .,:. • / '......,. .4. \ \tr..; E ..-- 014. • 's .Z.•, " . .---_... .!t. ---" - s •--;:'...•. ;... E 0 . ..... . . - a . . .11:10 z 2, n. :5'4 ••:.:...y• ....= . :;;.,..,:t..,-2„......./ ING1 0 0''''0 NI:TZ a. • V.11 . .:ip.' bt ' t-s Z.m. 2.-. C " •tf. . 14° ..;::..4";.. ^ CP.. . . ..c 2 `it 2 Jr ' r: t0. .c.-- l•1. I to —0 r , 4. •i' ,i IT, P ti E ,. ,., ,;•. .. , m la 3 \ . t., ......; . . ?,. \.:...'....1..... :-...f , —I il .... -e, ',... :• ', . t 0 g" r. ' • i . .• _- -n . .. ... cn I i .... m .• ',.... m cn . ONSENT Memo To: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor, Parks and Recreation Department Re: Gift Policy for Parks Date: 8/12/93 Introduction Early this spring, the Parks and Recreation Department Advisory Board spent considerable time researching and discussing a "Gift Policy" for City parks. A "Gift Policy" will establish a standard and procedure for accepting gifts for City parks. Background The City should do all it can to promote gift giving for its parks and recreation system. This can be done through the establishment of a gift catalog or some sort of foundation. However, to avoid accepting gifts with conditions attached, the City should establish policies and standards and a philosophy for accepting gifts for City parks and trails. The intended gift should also be consistent with the "master plan" for the park system. Alternatives 1 . Approve the request made by the Park and Recreation Advisory Board to establish a "Gift Policy" for City Parks. 2 . Continue the request for more information and discussion. 3 . Do nothing. Park and Recreation Advisory Board Recommendation The Park and Recreation Advisory Board recommend Alternative #1. Action Requested Offer motion to approve Resolution No. 3849 a resolution establishing a policy for accepting gifts for city parks. RESOLUTION NO. 3849 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ESTABLISHING A POLICY FOR ACCEPTING GIFTS FOR PARKS . WHEREAS, the Park and Recreation Advisory Board recommends revising the present Gift Policy; and WHEREAS, the City Council desires to set forth the policies, standards, and a philosophy for accepting gifts for parks for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : 1 . The City Administrator shall be authorized, on behalf of the City of Shakopee, to accept or decline contributions valued at less than $2 , 000 . 2 . Park and Recreation gifts valued at over $2, 000 shall be reviewed by the Park and Recreation Advisory Board and recommended to the City Council for acceptance or • rejection. 3 . All gifts must be unconditional . 4 . The City of Shakopee will not accept gifts with prohibitive liability risk or prohibitive operation and maintenance costs. 5 . Donors who desire to have a plaque placed in a City building or on park property for memorial or other purposes shall meet the following criteria: a. The contribution must be valued at $3 , 000 or more and include the cost of the plaque. b. The plaque must be metal . c. The plaque should be no larger than 8 inches by 11 inches . d. Requests for plaques must be reviewed by the Park and Recreation Advisory Board, which shall recommend acceptance or rejection to the City Council . Adopted by the City Council of the City of Shakopee, Minnesota, this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [MURPHY.MEMJ -2- EXHIBIT G JULY 1 5, 1993 SHAKOPEE PLANNING COMMISSION TERRIE SANDBECK ASSISTANT CITY PLANNER SHAKOPEE,MN 55379 RE: APPLICATION FOR APPEAL OF DENIAL FOR CONDITIONAL USE PERMIT. DEAR PLANNING COMMISSION, WE WE WOO APPEAL THAT WAREHOUSING AND WHOLESALING . APPLIEDED FOROR,, TOOE THIS PROPERTY THAT WE ARE APPLYING FOR HAS A HISTORY OF HAVING A CONDITIONAL USE PERMIT,WHICH WAS GRANTED WHEN THIS BUILDING WAS BEING DESIGNED AND BUILT AND IS VERY NECESSARY FOR THE STYLE AND PURPOSE OF WHICH THE USE IS NO LONGER NEEDED WITH THE CLOSING OF CANTERBURY DOWNS . PROPERTY IN OUR AREA WHICH IS ADVERTISED FOR SALE BY VALLEY GREEN BUSINESS PARK, IS ADVERTISED AS BEING INDUSTRIAL OMMARE GOING FETOEL OPERATE.THAT THANK COMPATIBLE TO THE NATURE OF BUSINESS WE THANK YOU FOR YOUR COOPPEERATION. WEL IARERLLOOKING ED GAROOIW RD TO MAKING ALL INFORMATION ACCESSABLE Z22:) DOUG GENERAL PARTNER B&B SALES & SERVICE 1k MEMORANDUM TO: The Mayor and Members of the City Council FROM: Karen Marty, City Attorne DATE: August 13 , 1993 RE: Jerry' s Bar Liquor License Violation BACKGROUND: On July 27, 1993 , the City Council, acting as a committee of the whole and hearing board, conducted a hearing regarding liquor license violations by Clair' s Bar, d/b/a Jerry' s Bar (hereinafter "Jerry' s Bar" ) . A report has been prepared setting forth findings of fact, conclusion, and a recommendation, based on that hearing and the discussion that followed. Resolution No. 3842 has been prepared which incorporates this report . The report was sent to Jerry' s Bar for review on August 5, 1993 . They have had ten days to file exceptions to that report, and may present argument if they wish at the City Council meeting on August 17, 1993 . The Committee of the Whole directed staff to collect the expenses, so that these may be included in the order of the City Council . No expenses were reported by any department other than the bill of the Court Reporter. This bill was for $30 . This amount has been included in the resolution. Once a resolution is adopted with the provisions desired by the City Council, the resolution will be mailed to each party. Within 30 days an aggrieved party may appeal to the Court of Appeals . ALTERNATIVES: 1 . Adopt Resolution No. 3842 . 2 . Amend Resolution No. 3842 and adopt it . 3 . Direct staff or the representative of Jerry' s Bar to prepare a new draft resolution. 4 . Do not adopt Resolution No. 3842 . RECOMMENDATION: Alternative 1 : Offer Resolution No. 3842, a Resolution imposing a penalty and costs on Clair' s Bar, d/b/a Jerry' s Bar, for liquor violations, and move its adoption. [4 JERRYB] RESOLUTION NO. 3842 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY AND COSTS ON CLAIR' S BAR, D/B/A JERRY' S BAR FOR LIQUOR VIOLATIONS. WHEREAS, on July 27, 1993 , the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the liquor laws by Clair' s Bar, d/b/a Jerry' s Bar (hereinafter "Jerry' s Bar" ) ; and WHEREAS, the committee of the whole submitted its report and recommendation as to a penalty; and WHEREAS, this report was mailed to Jerry' s Bar on August 5, 1993, more than ten days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 27, 1993 , hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Jerry' s Bar violated an applicable law relating to alcoholic beverages, and is subject to penalty under Minn. Stat . Sec. 340A.415 . That the City Council makes the following order: That the liquor license of Clair' s Bar d/b/a Jerry' s Bar be suspended for a period of three (3) days. This suspension of the license shall be held in abeyance for a period of one year, on condition that (1) by August 16, 1993 , the owner of Jerry' s Bar shall submit to the City Attorney a satisfactory written policy for use by bar employees, which provides guidance in complying with the state and local liquor laws, and (2) there be no further violation of the liquor laws. In addition, Jerry' s Bar shall pay to the City a sum of $30 to cover the costs incurred by the City. Passed in regular adjourned 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 [4 JERRYB) -2- rir\K% r---m7 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler RE: Applications for Liquor Lic ses From Springers on Main DATE: August 13 , 1993 INTRODUCTION AND BACKGROUND: I have received applications for On Sale and Sunday Intoxicating Liquor Licenses from Springers on Main. This is a new corporation which is planning to operate the on sale lounge formerly known as Cheers 2 Ya. I have advertised that the City Council will be considering the applications at their meeting on August 17th. Although the amount of time available for the police department to do the customary background investigation was short, we decided to go for the August 17th meeting. As it turns out, the investigation will not be complete by the time of the City Council meeting on the 17th. ALTERNATIVES: 1] Approve Applications 2 ] Table Applications 3 ] Deny Applications RECOMMENDATION: Table applications. RECOMMENDED ACTION: Table applications from Springers on Main, Inc. for On Sale and Sunday Liquor Licenses at 911 East First Avenue. #// C, R EV I S E D TO: Shakopee City Council FROM: Shakopee Fire Department RE: Rescue Boat Replacement DATE: 8/16/93 Introduction: The Shakopee Fire Department has been on call for 25 + years for water rescue. The means of water rescue have changed dramatically. We now utilize divers instead of dragging for the victims, people who were once considered dead can now be revived. With the changing techniques and more equipment involved with these rescues a more versatile boat that handles more equipment and parsonnel is required. Background: The current boat is 25 years old and is a "fishing boat". It cannot handle the weight of 2 divers, a victim, a diver, and the weight of the equipment. It is not suitable for diving and present day rescue techniques. The new rescue boat is a 1993 budgeted item of$9000.00. We have acquired 2 bids for the replacement of the current boat, We have selected the Zodiac Virage Mark II based on the excellent performance of this style of rescue boat which has been tested under real life conditions by other local fire departments with great success. At the last council meeting on 8/3/93 council tabled the proposal for lack of 2 bids from different companies. The committee has secured 2 bids, one from Defender Industries for the boat motor and trailer for a price of $7064.90 plus the shipping cost of at least $250.00 to $500.00 (the company could not give a exact price for shipping), and one from Great American Marine for the price of $8244.00 plus tax for a complete package including the listed equipment. Recommendation: The Shakopee Fire Department recommends the purchase of the Zodiac with the equipment listed from Great American Marine for the price of $8244.00 plus tax. We have tried to get bids from 2 (two) other companies other than listed but have recieved no reply. Working with Defender Industries has been difficult. We specifically asked for a complete bid for the City of Shakopee to include shipping and tax. We recieved this bid that you see, We then called them to get the complete price with shipping and tax and to fax it to us. To this date we have recieved nothing. If we were to award the bid to Defender Ind. we still would have to take the boat to Great American Marine for getting it fitted for navigation lights, gas tank holder, and the tie down kit installed. The bid from Great American Marine would make this rescue boat ready for service immediatly upon delivery. Respectfully Submitted, Frank Ries Shakopee Fire Chief AUC.--..12 - 975 THU 1 .73' : 27 CRT AMER I CAN MAR P - 0r• PRICE QUOTE GREAT AMERICAN DATEILZ .- NEti(NUZ-..irk ::::10 J - 7, , k 280 WrsI 8411f S . likxlfffiffgtnfi, MN 55420 - q - 7 1S . __ 888-2350 :t f,/rx•h s Wast c f Nicol cul R•lrll I'Hc)NI 1.4( ` wl+rk i ..Ir...P1 1......,1.4 } il•1.... . 1110, CM' I AM i+ Yl nR • l�f �:f31PT1()N ` / , UNf l PRIG:f TOTAL ��F�i'� d.ti�L, I�'MC t.l k a- V t rU Li- 15 — , 1 tJ 1 1'tg`/ ✓I (-11 UA -.. 1- t t� I. (CI. ) (d4.0 1 e TV \ *Z-4_4_ ic_,...,,..., 8qg _ � � - j73p3 cL_✓t..5 ._) Lajj2., 1: (,,, -1 -}1\AVV,LC\- 7,15 •- I I C•A( \ •) I L.' APPUX 50 X1l t"'l C. � . . . __� LIG i c:�\�l /. .co )CG? k 7q -. toyc.51( k. a_sz., c a } HOC) � — 1 II 'I (\ t 1c k) L( Loll\ r Ic._1\_0( - q. q -- . 1 1 •It.t.;11 k f t ti t BOAT.MOTOR, TRAILER SZy Li 1 • � l TRADE-INMOOEL ';F.HIAI r • (LESS) TRADE IN j ' } 80AT/MOTOR 1 , �..1 i I ,w 1 f(At t PRICE TRAILER I - ACCESSORIES TOTAL } Nit :. •Icu•Il . I l 1Vf ft --~ SUBTOTAL SALES - ..I • . 1.41 , TAX r...FGT/PREP -. — — ( PIGGING T;•I T J 1 f DEFENDER INDUSTRIES, INC. 265 MAIN STRGcT • NEW ROCHELLE. NEW YORK • (914) 632-3001 ...,41-1k• •i' FAX: (914) 632-6544 1 '1 `'�.-1 MAILING -----S 4 _ i 820 -New Rochelle. New York 10802.0820 �• August 6, 1993 Terry Link 1234 Ererald Lane Shakopee, Mn. 55379 Dear Mr. Link, . Please find the quote as per requested: ZODIAC VIRAGE MARX 2S4,_115.00 (if this quote is for a municipality there will be an extra 9% discount.) EVINRUDE E3OTEET model yr. 1993 2,402.00 (includes propeller) *only if available from OMC inventory EVINRUDE E3OTEER 1994 model 2,441.00 (does not include propeller) ?rice for alu^inu= propeller i8.93s ENGINE TOTAL 2,519.95 1A RAV N TRA/LER (in stock) 429.95 ** A ?ACZAGE ?URC SSE Or ALL THREE COMPONENTS WOULD EARN AN - ADDIT_ONAL 4: DISCOUNT. Thank you for your inquiry, Betsy R. Poe I .---7-fi / 6911 o.. 1 k N. 0 le J gokr 9 z, 0, / �P o I Y �� 41407 ' �� ,� 1.4,/ ks .. /., /71` I-�`xr� 7b3OO .j,S%m8u'Oa 01 Boar BJoc•ng .ater:ats polyester. coos),resins and/.hers. liOerglaSS ctorn. airex. pigments. mat. roving. etc 4..S.. corno'ete esec:ron.cs arc::rstr,n. a is engines ,nttataOte ocats. canvas procucts. Nautolex necking. marine heads. stoves. tetrrgerarors COA.MP.E T c o,,tlitting lot pleasure craft #1/ c R E V I S E D TO: Shakopee City Council FROM: Shakopee Fire Department RE: Rescue Boat Replacement DATE: 8/16/93 Introduction: The Shakopee Fire Department has been on call for 25 + years for water rescue. The means of water rescue have changed dramatically. We now utilize divers instead of dragging for the victims, people who were once considered dead can now be revived. With the changing techniques and more equipment involved with these rescues a more versatile boat that handles more equipment and parsonnel is required. Background: The current boat is 25 years old and is a "fishing boat". It cannot handle the weight of 2 divers, a victim, a diver, and the weight of the equipment. It is not suitable for diving and present day rescue techniques. The new rescue boat is a 1993 budgeted item of$9000.00. We have acquired 2 bids for the replacement of the current boat, We have selected the Zodiac Virage Mark II based on the excellent performance of this style of rescue boat which has been tested under real life conditions by other local fire departments with great success. At the last council meeting on 8/3/93 council tabled the proposal for lack of 2 bids from different companies. The committee has secured 2 bids, one from Defender Industries for the boat motor and trailer for a price of $7064.90 plus the shipping cost of at least $250.00 to $500.00 (the company could not give a exact price for shipping), and one from Great American Marine for the price of $8244.00 plus tax for a complete package including the listed equipment. { Recommendation: The Shakopee Fire Department recommends the purchase of the Zodiac with the equipment listed from Great American Marine for the price of $8244.00 plus tax. We have tried to get bids from 2 (two) other companies other than listed but have recieved no reply. Working with Defender Industries has been difficult. We specifically asked for a complete bid for the City of Shakopee to include shipping and tax. We recieved this bid that you see, We then called them to get the complete price with shipping and tax and to fax it to us. To this date we have recieved nothing. If we were to award the bid to Defender Ind. we still would have to take the boat to Great American Marine for getting it fitted for navigation lights, gas tank holder, and the tie down kit installed. The bid from Great American Marine would make this rescue boat ready for service immediatly upon delivery. Respectfully Submitted, Wee/st--1/..47.1Frank Ries Shakopee Fire Chief MAR P . O UGC=.1 2 - 93 THU 1 .3 2T GRT PRICE AN QUOTE a' 1 /A2cle-5--- _ GREAT AMERICANSOI IJ k I /0 . .... ..- , ylim[NE • ..1....,..s. ......a _ . I .L ...,. __i. sa.,.)-11 , 280 Wt:til ti•tl It Si. iOwn iiiiir;ton. MN 55420 G? -- 888-2350 ::hie.A' W'c•it ctiNirul(c•1 ort R•!(!t t4.1c1r,t He.,,r w"'t OD Gm. t . ..l..w.l ..t• ..NNII SII M..., I 1111 on, Mi it � YF Aii r)r Sc:RIPTIc)N UNIT PRit'i I( TAI iggq LIK.,t..- ►N•'1C u•i - V► ro L i H 5 - I f I _ _ I' f' i3 C.c,t.. )1t:1u 1 (Zt..cit•,..} e 73 r__- t�,, L,Li rvtPk.l�..�LA� ,k Vc- k f 7 4 `rvx 50 .1.. '� . _ +, K)C✓TP L3t 7q 41 Clot � Cly tot A W l `�� �1(� �,k��CJS � �•' �y�-��. 1 100 ` li roc 4•v� LIQ. ILoll\ r Ic.;\_0( • Lt. q -- . t te., 1 11.o' , k ►t 9 1 - • . . MOTOR. MWAILER 1UZL141 — 1 eO TRADE•IN MOOEL SF.kIAL J 1 (LESS) TRADE IN PRICE {8OA4OTOR . •.I IA u ► . I IN 11(At I T TRAILER _ I ACCESSORIES t Mt 1. .,I It.l, . 1 i NI H :_ ISUBTOTAL I. •t,1 .1 rt ,:., I. ~ALES —.--., I • ..I • . Irl , I - TAX - F?IGGING - 3 rrtTA1 .. _ . • DEFENDER INDUSTRIES, INC. • 255 MAIN S R21 • NEW ROCHELLE. NEW YORK • (914) 632-3001 /aft'I FAX: (914) 632-8544 '1 MAILING AOORESS P 0 Boz 820 • "' � ; New Rocoeite.New York 108024820 7 a`. • • August 6, 1993 • Terry Link 1234 Emerald Lame Shakopee, Mn. 55379 Dear Mr. Liuk, Please find the quote as per requested: ZODIAC VIRAGE MARK 2 S 4, 1, 5.00 (i this quote is for a municipality there will be an extra 9Z discount.) EVIN U E E3O ZIT model yr. 1993 2,402.00 (includes propeller) *only if available from OMC inventory EV:NRUD_ _30 E R 1994 model 2,441.00 (does no: include propeller) Price for alu=411= propeller 78.95 ENGINE TOTAL 2,319.93 K RAVA.v TRAILER (in stock) 429.95 ** A PACKAGE PURC ASE OF ALL TEREE COMPONENTS WOULD LAZY AN ADDITION I. 4Z DISCOUNT. • Thank you for your inquiry, Betsy R. Poe • A?z,i • • e- S. d ke 6 ofS/1. 00 c: ck .1 1/ y ,,� z-/7x 063, 00 �•s%a'BU•'O' or Sca: 5j..c r y -a•er ars poryesler. a a'y resans and rtrers. r•oergrass erorn. ager p.gments. mat. etc comoiete ereC:rn.cs arm.rstr;,e a'-ts e.g'nes 'nttalac'e =Cats. car as prouets. Nautoter Ce:k.ns-,• trarw,e tams• stoves. reingerators ovrl.rt.nc lot pre2s l'e crab _ l I c� SI-TAKOPEE FIRE D?-,l'ARTMENT 129 East First Avenue. Shakopee, .. established 1870 TO: Shakopee City Council FROM: Shakopee Fire Departmant RE: Rescue Boat Replacement DATE: 7/26/93 Introduction: The Shakopee Fire Department has been on call for 25 + years for water rescue. The means of water rescue have changed dramatically..We now utilize divers instead of dragging for the victims, people who were once-considered dead can now be revived. With the changing techniques and more equipment involved with these,rescues. a more versatile boat that handles more equipment and personnel is required. 1 Background: The current boat is 25 years oldand is a "fishing boat ": It cannot handle the weight of 2 divers, a victim, a driver, and the weight'of the equipment.' It is not suitable for diving and present day rescue techniques. _ - - -- The new rescue boat is a 1993 budgeted item of 59000.00. r We have aquired 2 bids for the replacement of the current boat, We have selected the Zodiac Virage Mark II based on the excellent performance of this style of rescue boat :which has been tested under real life conditions by other local fire departments-With great success: • Recommendation: - 7 " `ref , ` t'; The Shakopee Fire Department-recomtriends the purchase of the Zodiac Virage Mark II with the equipment listed oh the bid sheet"fora t tal-'bf"SS e plus tax: ,� -�--^- g2,41(4:0.0 The listed equipment will make.tEus rescue boat.ready for service immediatly upon delivery. Respectfully Submitted, Frank Ries Shakopee Fire Chief t Fire station—334 West Second Avenue AU G*--.1 2 — 9 3 T H U 13 : 27 GRT AMERICAN MAR P . 0 2 ` PRICE QUA^TE GREAT AMERICAN DAZE 41 zlq5 ._ �!�r. > I•O 1 '�f r .. ...,. .101 .- . • r :"...t(-1 , ......._ 280 W( til 8-III) SI. I iloomington. MN 5542() . . q -- W7 1g 888-2350 :1 hlrx•h" Wast c,fNicul el on 8411, -- I'HOM Home . . Wtuk -,- I . ..I ..�h M l l.1I M 1.1 1. ..1.,,,o, I.M M,i .4I•1 .1 . 1 I I t M' I on two r I YE'AR or ScRIPTION UNIT PRICE I IOTA! 14:11q7. 4:6 K.:A. .., r'1 - V I c t•t k_ T 'ro Li- ( 15 ` 1 I i 41Y (;:: ki 1 (-1 I (Ack . .0 1-1:76 k5( — I 1. 1(i 3 1.,“...)1(..v. \ i CU_ It...,,L) 7I t4-) L.E ..trvtMt:.ALA. I L. c Vt.: - Ic_�.tk � If q ,.. L. J > I Z/ 4 rU 13-0 Clot cAlt: '...Cv,K-.c)G? ' ` I `� 1 tid -r ccd ib kc> :J.L 15 — 100 `�'h ' A t 1C lav, • • LI . LOU\ rtC-44)r 14 q J -- . I + .1. �-_l.3i I kl 9t — . lBORT.MOTOR, TRAILER 3ZC.1(.1 1 ...1.r` { \vet Q\J( - TRADE.IN MODEL NFHIAI M 46 ttP flt1 ,`�Ja<��'' -- . .- --_ _ i'`Q . _.... _ _ (LESS) TRADE IN .I 11 11 I • t iN I i(At E PRICE BOAT/MOTOR I TRAILER Mt I. .,;It'•t . 1 I NI I( ACCESSORIES • TOTAL I• •I .1,1 '.\t.I.:I • •'•I • . I SUBTOTAL •I. 1 , — SALES 1 I _ TAX - FGT/PREP RIGGING .. ..._.. ?PITA 1 .. -- i . DEFENDER INDUL-RIES, INC. 255 MAIN'STR 8 • NEW ROCHELLE. NEW YORK • (914) 632-3001 y/41,10; Z FAX: (914) 632.6544 \*-- MAILING ADDRESS I 'n ���, PO Box 820 r. New Rochelle. New York 10802-0820 � P/~ Nk, August 6, 1993 Terry Link 1234 Emerald Lane Shakopee, Mn. 55379 Dear Hr. Link, Please find the quote as per requested: 4 5.00 ZODIAC VIRAGE MARK 2S -i--1�--- (if this quote is for a municipality there will be an extra 9% discount.) EVINRUDE E30TEET model yr. 1993 2,402.00 (includes propeller) *only if available from OMC inventory EVINRUDE E30TEER 1994 model 2,441.00 (does not include propeller) 78.95 Price for aluminum propeller 2,5 95 ENGINE TOTAL KARAVAN TRAILER (in stock) 429.95 ** A PACKAGE PURCHASE OF ALL THREE COMPONENTS WOULD EARN AN ADDITIONAL 4% DISCOUNT. Thank you for your inquiry, r Betsy R. Poe . S ' rr v -‘s V ` " \ a� J � • U DIS TRIBU"OR o1 Boat Building materials polyester. epoxy resins and fillers. fiberglass cloth. airex. pigments. mat. roving. etc SO complete electronics and instruments. engines. inflatable oat. g pleasure s. vas out s.autolex decking. marine heads. stoves. refrigerators incl 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 - Police Officers DATE: August 10, 1993 INTRODUCTION: Shown in attachment #1 is a copy of the proposed labor agreement between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 - Police Officers . Staff is recommending that the appropriate City officials be authorized to execute the proposed labor agreement . BACKGROUND: The proposed labor agreement establishes a contract for calendar years 1993 and 1994 . A 3% cost of living adjustment is provided for those employees within the police officers bargaining unit for calendar years 1993 and 1994 . The agreement also increases the City' s health and life insurance contribution to $286 . 66 in 1993 and $306 . 66 in 1994 or whatever the non-union employees receive whichever is greater. Finally, the agreement increases the Investigator/Detective pay differential to $150 . 00 in 1993 and $180 . 00 in 1994 . The number of employees eligible to receive the Investigator/Detective pay differential shall be limited to three . 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 Employees Union Local 320 - Police Officers . 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 Employees Union Local 320 - Police Officers for 1993 - 1994 . LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 (Police Officers) Effective January 1, 1993 through December 31, 1994 INDEX Page ARTICLE 1. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 2 ARTICLE VI. UNION SECURITY 3 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. SENIORITY 6 ARTICLE X. DISCIPLINE 6 ARTICLE XI. CONSTITUTIONAL PROTECTION 7 ARTICLE XII. WORK SCHEDULE 7 ARTICLE XIII. OVERTIME 7 ARTICLE XIV. COURT TIME 7 ARTICLE XV. CALL BACK TIME 8 ARTICLE XVI. WORKING OUT CLASSIFICATION 8 ARTICLE XVII. INSURANCE 8 ARTICLE XVIII. STANDBY 8 ARTICLE XIX. UNIFORMS 8 ARTICLE XX. LONGEVITY 8 ARTICLE XXI. HOLIDAYS 9 ARTICLE XXII. VACATIONS 9 ARTICLE XXIII. SICK LEAVE 9 ARTICLE XXIV. BEREAVEMENT LEAVE 9 ARTICLE XXV. SEVERANCE PAY 10 ARTICLE XXVI. INJURY ON DUTY 10 ARTICLE XXVII. PREMIUM PAY 10 ARTICLE XXVIII. WAIVER 10 ARTICLE XXIX. DURATION 11 APPENDIX A. WAGES 12 APPENDIX B. PERFORMANCE PAY SYSTEM 13 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 1993, between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 1 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 3.9 BASIC HOURLY RATE: Employee's hourly rate of compensation excluding night differential, Sunday pay and any other fringe benefit excluded by mutual agreement. 3.10 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. 2 ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice (s) and announcement(s) . 6.4 The union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of the Article. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement raised by an employee against the employer as to the interpretation or application of the specific terms and conditions of this agreement or agreements referred to by it. 7.2 Union representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and 3 give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances' , as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing 4 within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived' . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. 5 ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job - relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion; or e) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 6 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employees regular base pay rate for hours worked in excess of the employees regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual emergency circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employees base pay rate, or two hours minimum compensatory time off at time and one-half (1 1/2) , at the employees discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 7 ARTICLE XV. CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half times the employees base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1993 the Employer shall contribute up to two hundred eighty- six dollars and sixty-six cents ($286.66) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1994 the Employer shall contribute up to three hundred six dollars and sixty-six cents ($306.66) per month per employee toward health, life, and long term disability insurance or the amount received by non-union City employees for calendar year 1994 whichever is greater. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be four hundred fifty dollars ($450.00) cash for calendar year 1993 and 1994. ARTICLE XX. LONGEVITY 20.1 The following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty-eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. 8 20.2 In lieu of the longevity pay plan outlined in section 20.1, employees may chose to be covered under the performance pay system outlined in Appendix B to this agreement. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays) . 21.2 Any employee required to work on any of the eleven (11) paid holidays shall receive an additional one-half (1/2) times his/her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE XXIIr VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except as permitted by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without given two (2) weeks written notice and except for reasons of ill health, he/she shall forfeit his right to accumulated vacation. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. ARTICLE XXIV. BEREAVEMENT LEAVE Sick leave also may be granted for a maximum of three days per occurrence for death of the employee's spouse, child, step-child, parent, step-parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-brother, step- sister, son-in-law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. Funeral leave benefits 9 for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE XXV. SEVERANCE PAY 25.1 Any employee who is separated from his/her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his/her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, they shall forfeit his/her right to all accumulated leave. 25.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. ARTICLE XXVI. INJURY ON DUTY 26.1 Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE XXVII. PREMIUM PAY When no supervisor such as the Police Chief, Deputy Chief or a Sergeant is working, but two or more officers are working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standards and procedures necessary for the department to function properly. Being in charge for a period of two hours or more will the qualify the senior officer for premium pay of $.88 per hour. ARTICLE XXVIII. WAIVER 28.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within 10 the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXIX. DURATION This agreement shall be effective as of the first (1st) day of January, 1993 and shall remain in full effect until the thirty-first (31st) day of December 1994. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_. FOR THE CITY OF SHAKOPEE FOR TEAMSTERS LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk ' 11 APPENDIX A - WAGES A.1 Effective January 1, 1993 the Police Officer Salary Schedules shall be as follows: After 36 months $3,188.35 per month After 24 months (90% of Top Patrol rate) $2,869.52 per month After 12 months (80% of Top Patrol rate) $2,550.68 per month Start (75% of Top Patrol rate) $2,391.27 per month A.2 Effective January 1, 1993 the Employer agrees to pay one hundred fifty dollars ($150.00) per month shift differential to the employees appointed or assigned by the Employer to act as an Investigator/Detective. The number of employees eligible to receive the Investigator/Detective pay differential shall be limited to three (3) . A.3 Effective January 1, 1994 the Police Officer Salary Schedules shall be as follows: After 36 months $3,284.00 per month After 24 months (90% of Top Patrol rate) $2,955.60 per month After 12 months (80% of Top Patrol rate) $2,627.20 per month Start (75% of Top Patrol rate) $2,463.00 per month A.2 Effective January 1, 1994 the Employer agrees to pay one hundred eighty dollars ($180.00) per month shift differential to the employees appointed or assigned by the Employer to act as an Investigator/Detective. The number of employees eligible to receive the Investigator/Detective pay differential shall be limited to three (3) . 12 APPENDIX B - PERFORMANCE PAY SYSTEM Employees may earn additional compensation based on the following criteria: B.1 Education/Training ($100/month or $1,200 year) Two Components 1. Education ($50/month) - employees with a Bachelor's or Master's degree in job related field would be eligible to receive this additional compensation. - Immediate eligibility 2. On-going education/training ($50/month - annual requirement) (a) Academic - 2 courses (minimum 6 credits) , or (b) training - 24 P.O.S.T. credits - Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. - Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. - The training requirements are above and beyond the normal P.O.S.T. licensing requirements. - The courses/training sessions must be attended on off-duty time. - Eligibility after 3 years of service. B.2 Performance ($50/month or $600/year) - Employees who perform at an above average level will be eligible to receive merit pay. - Merit pay will be based solely on the employee's annual performance evaluation. - The City will not place restrictions on the number of employees that will be eligible to receive merit pay. - Employees that have received merit pay may lose it if their performance does not continue at an above average level. - Since the merit pay is based on annual performance evaluations, it may be grieved to the Police Chief and City Administrator , but is not arbitrable. 13 - Eligibility after 2 years of service. B. 3 Community Service ($50/month or $600/year) - Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc. ) would be eligible to receive additional compensation. - Community service does not have to occur in the City of Shakopee. - Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. - Community service activities need to occur on an annual basis. - Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. - Eligibility after 4 years of service. B. 4 Wellness/Fitness ($30/month or $360/year) - Employee would need to make substantial progress on personalized wellness/fitness goals and objectives to qualify for additional compensation. - Employee would receive a personalized wellness/fitness profile with certain goals/objectives. Employee would be required to make substantial progress toward meeting the various goals/objectives or to maintain a sound wellness/fitness profile. - Employee would be evaluated for compliance every two years or more frequently if factors warrant. - Eligibility after 2 years of service. B. 5 Skill Assessment ($40/month or $480/year) - Employee must pass an annual written assessment that would be developed by the staff and administered by the Chief of Police to qualify for additional compensation. - The assessment will be based on information from the Department's Policy & Procedures Manual, criminal code, City ordinances, traffic laws and IACP training keys. - The evaluation will be 50 questions and score of 75$ or above is considered passing. - Eligibility after 1 year of service. 14 CONSENT /lam 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 - Sergeants DATE: August 10, 1993 INTRODUCTION: Shown in attachment #1 is a copy of the proposed labor agreement between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 - Sergeants. Staff is recommending that the appropriate City officials be authorized to execute the proposed labor agreement . BACKGROUND: The proposed labor agreement establishes a contract for calendar years 1993 and 1994 . A 3% cost of living adjustment is provided for those employees within the Sergeants bargaining unit for calendar years 1993 and 1994 . The agreement also increases the City' s health and life insurance contribution to $286 . 66 in 1993 and $306 . 66 in 1994 or whatever the non-union employees receive whichever is greater. Finally, the agreement provides Sergeants with the same vacation schedule and court time benefits as presently received by the Police Officers . 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 Employees Union Local 320 - Sergeants . 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 Employees Union Local 320 - Sergeants for 1993 - 1994 . LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 (Police Sergeants) Effective January 1, 1993 through December 31, 1994 INDEX Page ARTICLE 1. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE VI. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 2 ARTICLE VI. UNION SECURITY 2 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. SENIORITY 5 ARTICLE X. DISCIPLINE 6 ARTICLE XI. CONSTITUTIONAL PROTECTION 6 ARTICLE XII. WORK SCHEDULE 6 ARTICLE XIII. OVERTIME 7 ARTICLE XIV. COURT TIME 7 ARTICLE XV. CALL BACK TIME 7 ARTICLE XVI. WORKING OUT CLASSIFICATION 7 ARTICLE XVII. INSURANCE 8 ARTICLE XVIII. STANDBY 8 ARTICLE XIX. UNIFORMS 8 ARTICLE XX. LONGEVITY 8 ARTICLE XXI. HOLIDAYS 8 ARTICLE XXII. VACATIONS 9 ARTICLE XXIII. SICK LEAVE 9 ARTICLE XXIV. BEREAVEMENT LEAVE 9 ARTICLE XXV. SEVERANCE PAY 9 ARTICLE XXVI. INJURY ON DUTY 10 ARTICLE XXVII. WAIVER 10 ARTICLE XXVIII. DURATION 10 APPENDIX A. WAGES 11 APPENDIX B. PERFORMANCE PAY SYSTEM 12 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 1993, between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice (s) and announcement(s) . 2 6.4 The union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of the Article. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 7.2 Union representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) 3 calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances' , as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 4 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived' . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his/her layoff before any new employee is hired. 5 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion; or e) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; 6 c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (1/2) times the employees regular base pay rate for hours worked in excess of the employees regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employees base pay rate, or two hours minimum compensatory time off at time and one half (1 1/2) , at the employees discretion. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE XV. CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half times the employees base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 7 ARTICLE XVII. INSURANCE Effective January 1, 1993 the Employer shall contribute up to two hundred eighty- six dollars and sixty-six cents ($286.66) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1994 the Employer shall contribute up to three hundred six dollars and sixty-six cents ($306.66) per month per employee toward health, life, and long term disability insurance or whatever non-union employees receive for employer contribution whichever is greater. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. This allowance will be four hundred fifty dollars ($450.00) cash for calendar year 1991. ARTICLE XX. LONGEVITY 20.1 The following longevity pay plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty-eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. 20.2 In lieu of the longevity pay plan outlined in Section 20.1, employees may chose to be covered under the performance pay system outlined in Appendix B to this agreement. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays) . 21.2 Any employee required to work on any of the eleven (11) paid holidays shall receive an additional one-half (1/2) times his/her base pay rate in addition to the regular holiday time off. 8 21.3 The Employer may, at his/her option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE XXII. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours. 22.2 No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except as permitted by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without given two (2) weeks written notice and except for reasons of ill health, he/she shall forfeit his right to accumulated vacation. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendars shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. ARTICLE XXIV. BEREAVEMENT LEAVE Employees may receive three (3) days of bereavement pay for the death of members of immediate family which shall be charged to sick leave. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE XXV. SEVERANCE PAY 25.1 Any employee who is separated from his/her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45'6) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his/her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, shall forfeit his/her right to all accumulated leave. 25.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. 9 ARTICLE XXVI. INJURY ON DUTY 26.1 Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE XXVII. WAIVER 27.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXVIII. DURATION This agreement shall be effective as of the first (1st) day of January, 1993 and shall remain in full effect until the thirty-first (31st) day of December 1994. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_ FOR THE CITY OF SHAKOPEE FOR TEAMSTERS LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk 10 APPENDIX A - WAGES A.1 Effective January 1, 1993 the Police Sergeant Salary Schedules shall be as follows: After 6 months $3,535.00 per month Start $3,384.55 per month A.2 Effective January 1, 1994 the Police Sergeant Salary Schedules shall be as follows: After 6 months $3,641.05 per month Start $3,486.09 per month 11 APPENDIX B - PERFORMANCE PAY SYSTEM Employees may earn additional compensation based on the following criteria: B.1 Education/Training ($100/month or $1,200 year) Two Components 1. Education ($50/month) - employees with a Bachelor's or Master's degree in job related field would be eligible to receive this additional compensation. - Immediate eligibility 2. On-going education/training ($50/month - annual requirement) (a) Academic - 2 courses (minimum 6 credits) , or (b) training - 24 P.O.S.T. credits - Academic courses must be from an accredited institution of higher learning and be approved by the Chief of Police prior to enrolling. The City would reimburse employees for college courses consistent with the City's tuition reimbursement policy. - Training sessions must be approved by the Chief of Police prior to attending. The City would pay for the training sessions. - The training requirements are above and beyond the normal P.O.S.T. licensing requirements. - The courses/training sessions must be attended on off-duty time. - Eligibility after 3 years of service. B.2 Performance ($50/month or $600/year) - Employees who perform at an above average level will be eligible to receive merit pay. - Merit pay will be based solely on the employee's annual performance evaluation. - The City will not place restrictions on the number of employees that will be eligible to receive merit pay. - Employees that have received merit pay may lose it if their performance does not continue at an above average level. - Since the merit pay is based on annual performance evaluations, it may be grieved to the Police Chief and City Administrator , but is not arbitrable. 12 - Eligibility after 2 years of service. B. 3 Community Service ($50/month or $600/year) - Employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc. ) would be eligible to receive additional compensation. - Community service does not have to occur in the City of Shakopee. - Community service activities are an excellent means of personal growth and development, and should result in the employee having substantial input into the community. - Community service activities need to occur on an annual basis. - Community service activities must be pre-approved by the Chief of Police and employee must show evidence of participation in the group/activity. - Eligibility after 4 years of service. B. 4 Wellness/Fitness ($30/month or $360/year) - Employee would need to make substantial progress on personalized wellness/fitness goals and objectives to qualify for additional compensation. - Employee would receive a personalized wellness/fitness profile with certain goals/objectives. Employee would be required to make substantial progress toward meeting the various goals/objectives or to maintain a sound wellness/fitness profile. - Employee would be evaluated for compliance every two years or more frequently if factors warrant. - Eligibility after 2 years of service. B. 5 Skill Assessment ($40/month or $480/year) - Employee must pass an annual written assessment that would be developed by the staff and administered by the Chief of Police to qualify for additional compensation. - The assessment will be based on information from the Department's Policy & Procedures Manual, criminal code, City ordinances, traffic laws and IACP training keys. - The evaluation will be 50 questions and score of 75t or above is considered passing. - Eligibility after 1 year of service. 13 CONSENT i1 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne 4 DATE: August 12, 1993 RE: Sewer Construction and Maintenance Agreement BACKGROUND: Members of the Shakopee Mdewakanton Sioux Community have asked the City to review and approve a Sewer Construction and Maintenance Agreement . I have reviewed the agreement, and it imposes no obligations on the City. Shakopee has the authority to provide sewer service, and receive the revenues from that activity, to all property in the City. The Community owns property in Shakopee (the old McKenna farm) , and wants Prior Lake to provide sewer service to that property, since Shakopee does not have sewer service in that area and does not plan to provide sewer service in that area for some time. This agreement is merely to obtain the City' s approval for Prior Lake to provide that sewer service. I have spoken with Dave Hutton, and the Public Works Department has no objection. This item was placed on the last Council agenda, but pulled because I had requested some changes in the agreement . (The agreement repeatedly used the phrase "the City" without specifying whether it meant Shakopee or Prior Lake. ) We did not receive the corrected document prior to that meeting. Those changes now have been made and the agreement is approved for signature . ALTERNATIVES : 1 . Authorize the appropriate City officials to enter into the sewer construction and maintenance agreement . 2 . Do not authorize signing the agreement . 3 . Table and return the matter to staff for further information. RECOMMENDED ACTION: Move to authorize the appropriate City officials to enter into the sewer construction and maintenance agreement . [12CCL] SEWER CONSTRUCT PION AND MAINTENANCE AGREEMENT This Agreement is entered into to allocate the responsibilities and authorities of various governmental entities for the construction and maintenance of sanitary sewer facilities to serve the Shakopee Mdewakanton Sioux Community's Reservation in the Cities of Prior Lake and Shakopee, Scott County, Minnesota, and provides as follows: WHEREAS, the Shakopee Mdewakanton Sioux (Dakota) Community (the Community), the City of Prior Lake, Minnesota (the City), the Metropolitan Council (the Council) and the Metropolitan Waste Control Commission (the MWCC) have heretofore entered into an Amended Sewer Construction and Maintenance Agreement (the Amended Agreement) relating to the construction and maintenance of sanitary sewer facilities to serve the Community's Reservation in the Cities of Prior Lake and Shakopee; and WHEREAS, the Amended Agreement was submitted to the Area Director, Minneapolis Area Office, Bureau of Indian Affairs, United States Department of the Interior for approval as required by 25 U.S.C. §81. It was subsequently amended to state a fixed, limited time for the Amended Agreement to run (Amendment No. 1). WHEREAS, the Amended Agreement, and Amendment No. 1 to the Amended Agreement,was approved by the Area Director, Minneapolis Area Office, on March 22, 1990, pursuant to 25 U.S.C. §81; and WHEREAS, the Metropolitan Council, as the governmental body charged with responsibility for overseeing development in the seven county Metropolitan area, has a need for information regarding proposed development by the Shakopee Mdewakanton Sioux (Dakota) Community, which information will ensure that development by the Community will not exceed the capacity of the various physical infrastructure systems which the communities of the seven county area use; and WHEREAS, the Shakopee Mdewakanton Sioux (Dakota) Community recognizes the legitimate need of the Metropolitan Council for information regarding development by the Community, and the Community desires to cooperate with the Metropolitan Council to engage in an orderly process of development which will encourage and enhance the government to government relationship of the Metropolitan Council and the Community; and WHEREAS, the Shakopee Mdewakanton Sioux (Dakota) Community has acquired additional property which will require sewer service, and has development projects planned for those lands which form the Reservation, which development will require that additional sewer service be provided; and WHEREAS, the consent of the City of Prior Lake is required to permit those sewer facilities contemplated by this Agreement to pass through lands outside the Reservation which are under the jurisdiction of the City of Prior Lake; and WHEREAS, the consent of the MWCC, as the entity which provides sewage treatment facilities, is required for the Community to expand sewer capacity as contemplated by this Agreement. NOW, THEREFORE, in order to insure the future success of the government to government relationship which exists between the Metropolitan Council, the MWCC, the City of Prior Lake and the Community, and to ensure that those issues which are necessarily within the coverage of this Agreement are addressed, this Sewer Construction and Maintenance Agreement for the North portion of the Reservation provides as follows: WITNESSETH: Definitions. As they are used in this Agreement, the following terms shall have the meaning given to them in this Section: A. City of Prior Lake. "City of Prior Lake" shall mean the government of the City of Prior Lake, Minnesota. B. City of Shakopee. "City of Shakopee" shall mean the government of the City of Shakopee, Minnesota. C. Community. "Community" shall mean the Federally recognized tribal government of the Shakopee Mdewakanton Sioux Community,which is organised under the provisions of the Indian Reorganization Act of 1934, and which is located within the geographical city limits of the City of Prior Lake, Scott County, Minnesota. D. County. "County" shall mean the government of Scott County, Minnesota. E. Facility. "Facility" shall mean the sanitary sewer facility to be constructed to serve the Reservation under this agreement. F. IHS. "IHS" shall mean the Indian Health Service, United States Department of Health and Human Services. G. Interceptor. "Interceptor" shall mean the sewer interceptor line owned by the MWCC and running within the right-of-way of the intersection of Scott County Highways 42 and 21 in the City of Prior Lake. H. William R. Engelhardt. "William R. Engelhardt" shall mean William R. Engelhardt Associates, Inc., a Minnesota corporation. 2 I. Metropolitan Council. " Metropolitan Council" shall mean the agency created by Minnesota Statutes, Section 473.123. J. MPCA. "MPCA" shall mean the agency known as the Minnesota Pollution Control Agency, created by Minnesota Statutes, Section 116.02 K. MWCC. "MWCC' shall mean the Agency known as the Metropolitan Waste Control Commission, created by Minnesota Statutes, Section 473.503. L. Ordinance. "Ordinance" shall mean the Sanitary Sewer Ordinance of the Shakopee Mdewakanton Sioux Community, a copy of which is attached hereto as Exhibit 1,which has been duly adopted by the Community to govern construction, maintenance and use of sanitary sewer facilities serving the Reservation. M. Parties. "Parties"shall mean the two Cities,the Community, the Metropolitan Council, and the MWCC, all of whom are signatory parties to this Agreement. N. Reservation. For the purposes of this Agreement only, "Reservation" shall mean all the lands identified on the map attached hereto as Exhibit A, which lands consist f two separate and distinct parcels, one lying north of Scott County Road 42, and the other rig south of Scott County Road 42, together with those additional lands, not to exceed a total of 300 acres, which the Community may hereafter acquire within the next six (6) months which are contiguous to the present reservation, and which are thereafter transferred to trust status, however, this Agreement applies only to the north portion of the Reservation. Upon acquisition of additional lands, the Community shall promptly provide to the City of Prior Lake, the Metropolitan Council, and the MWCC a revised Exhibit A reflecting the added lands. O. Residential Equivalent Units. "Residential Equivalent Units" shall mean a measure of sewage flow equivalent to an average maximum of 274 gallons per day. . Recitals. The following facts have given rise to this Agreement, and are pertinent to its interpretation: A. The parties have determined that the provision, construction, and maintenance of sewer facilities to the Community need to be addressed in two separate agreements which speak to that area of the Reservation lying north of Scott County Road 42 and that portion of the Reservation lying south of Scott County Road 42 at the date of the execution of this Agreement. This Agreement shall reflect only that Facility to be constructed and to serve the Community on that portion of the Reservation situated north of Scott County Road 42. B. The Facility referred to in this Agreement is intended to serve the housing subdivision of the Community currently situated north of Scott County Road 42 and consisting of 34 home sites which were constructed in the 1970's and are currently served 3 by individual on-site septic systems. It shall also serve further Community uses of the Reservation land situated north of Scott County Road 42 which the Community may later develop. C. A portion of the Reservation is partially situated within the Shakopee city limits as are some of the potential points of origin of sewer discharge. This Agreement is intended to make clear that the Community shall pay any and all costs identified as its responsibility for such use on the Reservation. III. Construction of Sanitary Sewer Facilities. For the reasons described in Sections II. A, II. B, and II. C of the Agreement, and under the terms of this Section III, the Parties agree that the Facility will be constructed to serve the Reservation (and, in the event a portion of the Facility is oversized in accordance with Section XIV, to serve other residents of the City of Prior Lake), and to connect to the Interceptor. A. Preliminary Design. The preliminary design of the Facility shall be in substantial accord with the design outlined in the Preliminary Engineering Report on Sanitary Sewer and Water Distribution Systems of the Shakopee Mdewakanton Sioux Community, dated May, 1993, and prepared by William R. Engelhardt Associates, Inc. A copy of this Preliminary Report is attached hereto as Exhibit B and C, however there shall be a gravity line at the intersection of McKenna Road and Scott County Road 42. B. Plans and Specifications. Prior to the commencement of construction of the Facility, it shall be the obligation of the Community to provide to the City of Prior Lake plans and specifications for the Facility, prepared by a registered professional engineer. Such designs shall be in accordance with the requirements of the IHS; and for areas outside of the Reservation shall comply with all code requirements which would be imposed on such a project, were the project not being constructed by a Federally recognized Indian Tribe. The designs shall include a metering facility of a type sufficient to perform the metering of flow required by Section VI.B of this Agreement. The City of Prior Lake shall have the right to review and comment upon the plans and specifications for the portion of the Facility lying inside the boundaries of the Reservation, and shall have the right to review,and approve the plans and specifications for the portion of the Facility lying outside the Reservation, prior to the commencement of construction. The plans and specifications also shall be submitted by the Community to the Prior Lake/Spring Lake Watershed District, MWCC and MPCA for review and comment for that portion beyond the Reservation boundaries. C. Necessary Approvals and Rights-of-Way. Prior to the commencement of construction of the Facility,the Community shall obtain all necessary approvals and right-of- way from persons and entities owning land or rights in land across which the Facility will be constructed. Prior to connection of the Facility to the Interceptor, the Community will apply for and will satisfy all conditions necessary to obtaining a Connection Permit from the MWCC. The Community will specifically obtain the consent of the County to the use of any 4 • road right-of-way owned by the County which will be affected by the Facility. The City of Prior Lake agrees that it will cooperate in the acquisition of any easements which are necessary for the construction and operation of the Facility, but will not have any obligation to exercise its powers of eminent domain unless the Community agrees in advance to pay all costs and attorney fees that would be incurred by the City of Prior Lake as a consequence of such exercise, and unless the City of Prior Lake determines that such exercise would be legal and proper. E. Inspection During Construction. It shall be the obligation of the Community to provide full-time inspection of the Facility during its construction by a registered professional engineer in order to ensure that the construction comports with the plans and specifications described in Section III.B of this Agreement. The City of Prior Lake shall have the right to provide full-time inspection during the construction of the Facility and to review and approve any changes in the design of the Facility lying outside the boundaries of the Reservation. The City of Prior Lake shall give the Community notice in writing if it does not intend to provide such inspection. F. Cost. The cost of all aspects of the design, construction and inspection of the Facility shall be borne by the Community for that portion of the facility which is the equivalent of an 8 inch gravity line on County Road 42, and the cost of any oversizing shall be borne by the City of Prior Lake. G. As-Built Designs. Upon completion of the Facility, the Community shall provide As-Built Designs,prepared by a registered professional engineer, to the City of Prior Lake and the MWCC, and shall retain a copy of the same in the records of the Community. If the As-Built Designs indicate that the Facility as constructed is not in conformance with the City of Prior Lake approval of the initial plans and specifications and all modifications thereof, the City of Prior Lake shall have the right to refuse to accept title to the Facility outside the boundaries of the Reservation. H. Regional Limitations As Limitation on Community. The Community recognizes that certain regional limitations in sewer capacity exist which might impact the sewer capacity which shall be available for allocation to the Community in the future. IV. Reserved Capacity. The Community agrees to pay the MWCC reserve capacity charges (which presently take the form of Service Availability Charges), or any statutory successor to such charges, pursuant to MWCC regulation and policy. Such payments will be made to the MWCC through the City of Prior Lake which shall immediately pass on such payments to the MWCC. Although the City of Prior Lake shall collect for the MWCC those reserve capacity charges owed by the Community to the MWCC, in no case shall the City of Prior Lake bear ultimate responsibility for the collection of such charges pursuant to Minnesota Statutes, Chapter 473, for connections within the Reservation, and responsibility for collection of said charges shall remain at all times with the MWCC. Furthermore, any default in payment of charges due from the Community shall only be considered a default 5 by the Community and shall not, under any circumstances, be considered a default by the City of Prior Lake. Upon the occurrence of an event of default by the Community under the terms of this Agreement, or a default by the Community in the payment of charges due under this clause, the MWCC shall bear all responsibility for seeking cure of the default, and shall be responsible for collecting any and all fees outstanding. Reserve capacity payments which will become due and payable for any new construction, modifications of existing construction, or alterations of whatever type which result in additional sewage discharge, whether of a residential, commercial or industrial nature shall be made at or before the date of the issuance of the first building permit for the proposed project. A. Initial Phase. Before the Facility is authorized to connect to the Interceptor, the Community shall pay to the MWCC reserved capacity charges, at the then-prevailing rate, for as many Residential Equivalent Units as are, at the time, connected to the Facility, and shall pay to the City of Prior Lake the hookup charges normally paid by developers who have paid for utility improvements in the City of Prior Lake, less the credits normally granted to such developers, if any. These payments shall authorize a maximum average daily flow into the Facility and the Interceptor of the number of Residential Equivalent Units for which SAC units have been paid. The Initial Phase shall not exceed 35 Residential Equivalent Units. B. Additional Phases. After the Initial Phase, no additional hookups to the Facility shall be permitted unless all of the following conditions are met: 1. Payment of Reserved Capacity Charges and City of Prior Lake Hookup Charges. Reserved Capacity Charges, and City of Prior Lake Hookup Charges at the rate normally paid by other developers who have paid for utility improvements in either city, less the credits normally granted to such developers, if any, must have been paid by the Community to the MWCC and to the City of Prior Lake for any additional Residential Equivalent Units resulting from the proposed additional hookup. 2. Restoration of Letters of Credit. If either or both of the letters of credit which the Community is obliged to provide, under the provisions of Section VIJI.B, has been the subject of any draw by the City of Prior Lake or the MWCC under the provisions of Section VIII.B or Section X, and if the letters of credit have not been restored to their original face amount at the time the Community desires to initiate additional hookups to the Facility, then the Community must take whatever steps are necessary to restore the letters of credit to their original amounts before additional hookups shall be permitted under this Agreement. 3. Notice to Parties. Each of the Parties to this Agreement has been given 30 days' notice, under the provisions of Section IX of this Agreement, of the Community's intent to add additional hookups to the Facility, accompanied by a description both of the buildings that will be hooked up, and the uses to which those buildings will be put. 6 4. Notice of Construction Where Construction May Require Amendment of This Agreement. If a construction project, development project, capital improvements project or other project of whatever kind is planned, anticipated, contemplated or considered which would have the capacity to increase the sewage flow rates by 25 REC units or more over the level which exists at the first date at which the project is considered, anticipated, planned or contemplated, then the Community shall provide notice of the anticipated project to the Metropolitan Council, the MWCC, and to the City of Prior Lake in an manner which complies with the notice provisions of this Agreement. C. Maximum Flow Permissible. Subject to the Community's meeting the requirements of Section IV.B of this Agreement, the Community shall be entitled to discharge up to, but not more than, 325 Residential Equivalent Units into the Facility and the Interceptor from the North parcel of the Reservation. This maximum amount shall pertain to that land identified in Section II herein, and to those additional lands, up to 300 acres which the Community may hereafter acquire within the next six months and which are submitted for transfer into trust status. The right to discharge sewage which the Community obtains under the terms of this Agreement, and the amount of capacity which the Community has the right to use is obtained exclusively by and for use by the Community, and no portion, allotment, apportionment or share of the rights so obtained by the Community may be assigned, allocated, granted or sold by the Community to any other person, governmental body, corporation or entity of whatever type during the term of this Agreement. An amendment to this Agreement would be necessary, in addition to any other applicable requirements, should the Community desire to discharge more than the amount designated herein. D. Community Allocation Not to Affect Either City's Allocation. The Metropolitan Council covenants and agrees that the sewer capacity allocated to the Community pursuant to this Agreement, as it may be amended from time to time, shall not be charged against nor diminish the sewer capacity allocated to the City of Prior Lake or the City of Shakopee by the Metropolitan Council. E. City of Prior Lake Hookup Charges. For each hookup to the Facility, the Community will pay in advance to the City of Prior Lake the hookup charges normally paid by other developers who have paid for utility improvements in either city, less any credits normally granted to such developers, if any. Thereafter the Community shall have no obligation to pay for any inspection, maintenance or repair costs for any portion of the Facility lying outside the boundaries of the Reservation, except for sewer hookup charges for future hookups, user charges, and costs associated with replacement of the entire Facility. V. Ownership of the Facility. Upon completion of the Facility, the Community shall retain all right, title, and interest in and to all portions of the Facility which lie within the Reservation, and the Community shall convey to the City of Prior Lake all of the Community's right, title, and interest in and to the portions of the Facility which lie outside 7 the Reservation, subject to the provisions of Section III.F of this Agreement. The Parties agree that, except for the connections that may be authorized under the provisions of Section XIV of the Agreement, the City of Prior Lake will not authorize any person or entity outside the Reservation to connect to, or discharge into, the Facility, unless this Agreement is amended to permit such hookup or discharge. VI. Use and Monitoring of the Facility. The Parties agree that the following actions are necessary to monitor the Facility and its use: A. Ordinance. The Community has adopted the Ordinance, which is intended to supplement and aid the enforcement of the Waste Discharge Rules of the MWCC, but which is not intended to and does nor preempt those Rules. It is the express agreement of the Parties that the Waste Discharge Rules of the MWCC (including the MWCC's strength discharge provisions) shall apply to users of the Facility within the boundaries of the Reservation. The use of the Facility on the Reservation shall be in all respects consistent with the provisions of the Permit for the Construction and Operation of a Disposal System, issued to the Community or the IHS by the MPCA, and shall also be consistent with the terms of the Ordinance, which incorporates and applies with full force and effect the provisions of the Permit. By execution of this Agreement, the Community agrees that it will take no action to rescind or modify the Ordinance before it has provided written notice of such action, in accordance with the provisions of Section IX. of this Agreement, to the Metropolitan Council, the MWCC, and the City of Prior Lake, not less than thirty days in advance of the effective date of such action. B. Access for Inspections. The Community will require users of the Facility on the Reservation to grant access to the City of Prior Lake and the MWCC, but only specifically for reading meters and conducting necessary inspections of the Facility and hookups to the Facility on the Reservation. The Community will grant the City of Prior Lake and the MWCC access to its sewer hookup records in order to permit the City of Prior Lake and the MWCC to verify that the Reserved Capacity Charges and City of Prior Lake Hookup Charges which have been paid by the Community are correct. C. Metering. Sewage flow from the reservation shall be metered at a point of outlet from the Facility to the Interceptor. The electronic controls for the metering station shall be installed to permit the meter to record sewerage flow accurately. The Community shall be responsible for the cost of acquisition,installation and maintenance of the electronic controls and meter. Once electronic metering is functioning, the meter shall be read on a routine basis by representatives of the City of Prior Lake, and the maintenance portion of such charges as are customarily charged to users similarly situated shall be paid by the Community to the City of Prior Lake. Payment or nonpayment by the Community shall not affect the City of Prior Lake's obligation to pay the charges billed to it by the MWCC, exclusive of Reserved Capacity Charges which the Community shall pay directly to the MWCC in accordance with Section IV of this Agreement. Copies of all sewerage flow records will be made available to the Community and the City of Prior Lake, and duly 8 authorized representatives of the Community and the City of Prior Lake shall have access to all records and to the metering device. During periods when the metering device is out of operation the flow from the Community shall be assumed to be the same as the previous billing period or 274 gallons per Residential Equivalent Unit per day,whichever is mutually agreed upon by the Community and the City of Prior Lake. VII. Maintenance of the Facility. Responsibility for the maintenance of the Facility shall be allocated as follows: A. Portions of the Facility on the Reservation. It shall be the responsibility of the Community to provide inspection, operation and maintenance of the portions of the Facility, including the lift station or stations and meter, located within the Reservation. The Community will permit the IHS to inspect the Facility and all on-Reservation hookups to the Facility, on a routine and an emergency basis. The Parties understand that the reports of the IHS resulting from such inspections are public documents and will be available to the City of Prior Lake and the MWCC. B. Portions of the Facility Outside the Reservation. It shall be the responsibility r,f the City of Prior Lake to provide inspection, maintenance and repair of the portions of he Facility lying outside the Reservation, and to bear all costs of such activity. C. Level of City of Prior Lake Services and Manner of Determining Costs. The level of services rendered by the City of Prior Lake to the Facility, including emergency call service, shall be the same as it renders to other similar sewer pipes in the City of Prior Lake. VIII. Remedies for Non-Performance. In addition to, and not in lieu of, any other remedies that may be available to the Parties under law, the Parties agree that the following remedies for non-performance shall be available under this Agreement: A. Non-Performance by the City of Prior Lake or the MWCC. If, by reason of any negligent or wilful failure by the City of Prior Lake or the MWCC to perform, any obligations or provide any services contemplated by this Agreement, the Community reasonably incurs any expense, then the Community may deduct the amount of such expense from any amounts that may in the future be owing from the Community to the City of Prior Lake or the MWCC, as the case may be, under this Agreement, and the Community may seek equitable relief, including, but not limited to, specific performance, from any court of competent jurisdiction. The remedies in paragraph VIII B., including waiver of immunity, extend to any suit brought by the City of Prior Lake or the MWCC to recover any funds deducted by the Community pursuant to this Section VITT. A. B. Non-Performance by the Community. To ensure its performance under this Agreement, the Community agrees to obtain two irrevocable letters of credit, one in favor of the MWCC, which shall be in the amount of fifty thousand dollars ($50,000.00), and one in favor of the City of Prior Lake, which shall be in a sum of twenty-five thousand dollars 9 ($25,000.00), which letters of credit shall be paid prior to the execution of this Agreement for a five year term, and which shall serve as the letters of credit for the Sewer Construction and Maintenance Agreements for both the North and South portions of the Reservation, and which are attached hereto as Exhibit D. The letters of credit shall be in a form acceptable to the MWCC and the City of Prior Lake, and shall be automatically reissued after the initial five year term has expired, and after each five (5) year period thereafter during the term of this Agreement. If, by reason of any failure by the Community to perform any obligations or provide any services contemplated by this Agreement, the City of Prior Lake or the MWCC incurs any expense, or does not receive payment as provided herein, then the City of Prior Lake or the MWCC, as the case may be, may proceed against the letter of credit in its favor to obtain compensation for such expense or payment. In addition, if the Community fails to perform its obligations under the provisions of this Agreement, then either the City of Prior Lake or the MWCC may disconnect the Interceptor from the Facility, or refuse to provide service to the Facility, in accordance with the provisions of Subsection C of this Section, or the City of Prior Lake, the MWCC, or the Metropolitan Council may sue the Community in a court of competent jurisdiction for equitable relief against the Community's failure to perform its obligations, including its obligation not to exceed the average flow of sewage permitted under Section IV of this Agreement. It is expressly agreed by all of the Parties that the Community does herewith waive its immunity from suit for the following express purpose only: if the MPCA and/or any of the Parties contend that the Community has violated its obligations with respect to the amount or type of sewage entering the Facility, or with respect to the number pf hookups connected to the Facility or the payments owing to the City of Prior Lake or the MWCC under the provisions of Section IV of this Agreement, the Community waives its immunity from suit by the MPCA and/or any of the Parties for equitable relief only from such violations in any court which would have subject matter jurisdiction over such an action. Immunity from suit for damage relief shall not be waived and is denied. The Community does not waive its immunity from suit for any other purposes nor to any other provision or aspect of this Agreement. The Community reserves the right to cancel the letters of credit from the issuing financial institution if the Community determines to enter into a relationship with another financial institution during the five-year period for which the letters are issued. However, before the Community may exercise this right,, the Community shall provide thirty (30) days notice to the City of Prior Lake and the MWCC of intent to exercise its right to cancel, and the Community shall, prior to the termination of the then current letters of credit, secure replacement letters of credit in the amounts set forth above and in form acceptable to the City of Prior Lake and the MWCC, but the term for the replacement letters shall be the remainder of the then current five-year term. C. Procedures for Disconnection or Refusal to Provide Services. No action shall be taken by the MWCC or the City of Prior Lake to disconnect the Facility from the Interceptor, or to refuse to provide service to the Facility, for any failure of the Community to comply with this Agreement, unless the Community has first been provided thirty (30) days' written notice, in accordance with Section IX of this Agreement, of such failure and of the intention of the City of Prior Lake or the MWCC to take such action. It is 10 understood by the Parties, however, that the MWCC retains the right to shut off service in accordance with its rules in emergency cases when such shutoff is consistent with its Rules. D. Order of Remedies. The parties agree that in the event of a failure by the Community to perform hereunder, or in the event one of the parties is subject to liability for which the Community must indemnify that party, the remedies available shall be exercised as follows: (i) if the Community defaults in the payment of money due the City of Prior Lake or the MWCC hereunder, then the City of Prior Lake or the MWCC shall have recourse to the letters of credit for the amount of such default, and if the default in the payment of monies due hereunder continues for more than thirty (30) days, then the City of Prior Lake or the MWCC may proceed with an action for equitable enforcement of the payment provisions of this Agreement, and shall be indemnified for the costs and expenses of such action, and the payment of such indemnification may be ordered by the Court simultaneously with the equitable relief; (ii) if the City of Prior Lake, the Metropolitan Council or the MWCC is subject to any claim, liability, action, demand, damage, or loss including costs and expenses arising out of the negligent or wilful acts of the Community or its employees, officers or agents, and which result in bodily injury, sickness, disease or death, or injury for the destruction of tangible personal property under the provisions of Section X of this Agreement, then the aggrieved party may proceed with a claim for indemnification, and may proceed simultaneously with an action for equitable relief requiring compliance by the Community with the provisions of this Agreement and, if the activity of the Community which gave rise to the claim for indemnification has not been voluntarily terminated by the Community, equitable relief requiring termination of the activity of the Community which gave rise to the claim for indemnification; and (iii) if the City of Prior Lake, the MWCC, or the Metropolitan Council are subject to penalties for environmental harms which are attributable to the Community under the provisions of Section X of this Agreement, then the aggrieved party may proceed with a claim for indemnification, and may proceed simultaneously with an action for equitable relief requiring compliance by the Community with the provisions of this Agreement and, if the activity by the Community which gave rise to the penalty against the City of Prior Lake, the MWCC or the Metropolitan Council has not been voluntarily terminated by the Community, equitable relief requiring termination of the activity of the Community which gave rise to the penalties in the first instance. IX. Notice. Notice provided under this Agreement shall be in writing, signed by the officers signatory to this Agreement or their successors, and shall be sent by Certified Mail, Return Receipt Requested, to the Parties at the following addresses: To the Community: , Chairman Shakopee Mdewakanton Sioux Community, 2330 Sioux Trail N.W. Prior Lake, MN 55372 11 To the City of Prior Lake: City Manager City of Prior Lake Prior Lake City Hall 4629 Dakota Street S.E. Prior Lake, MN 55372 To the City of Shakopee: City Administrator City of Shakopee City Hall 129 S. Holmes Shakopee, MN 55379 To the Metropolitan Council: Chair Metropolitan Council Mears Park Center 230 East 5th Street St. Paul, MN 55101 To the MWCC: Chief Administrator Metropolitan Waste Control Commission Mears Park Center 230 East 5th Street St. Paul, MN 55101 Notice of Amendments to the Notice of Addresses shown above shall be provided in accordance with the terms of this Section. X. Hold Harmless and Indemnification. A. The Community agrees to indemnify and save the Metropolitan Council, the City of Prior Lake, the City of Shakopee and the MWCC harmless against and from any and all claims, liabilities, actions, demands, damages, costs and expenses, including reasonable attorneys' fees for the defense thereof, arising out of or resulting from any negligent or wilful breach or default on the part of the Community in the performance of any covenant or agreement on the part of the Community required to be performed pursuant to the terms of this Agreement, provided that such claim, suit, damage, loss, action, demand or expense is attributable to bodily injury, sickness, disease or death, or to injury for the destruction of 12 tangible property including loss of use resulting therefrom, or to economic loss or costs incurred by the MWCC in operating or repairing the Facilities, but only to the extent caused by negligent or wilful acts of the Community, a contractor or subcontractor for the Community, anyone directly employed by them or anyone for whose acts they may be liable. The liability of the Community on any claim within the scope of this section shall not exceed (i) two hundred thousand dollars ($200,000.00) when the claim is one for death by wrongful act or omission and two hundred thousand dollars ($200,000.00) to any claimant in any other case; (ii) six hundred thousand dollars ($600,000.00) for any number of claims arising out of a single occurrence; or (iii) twice the limits provided in clauses (i) and (ii) when the claim arises out of the release or threatened release of a hazardous substance, whether the claim is brought under Chapter 115B.01 to 115B.15 of the Minnesota Statutes or under any other law. No award for damages on any such claim shall include punitive damages. The liability of the Community for the act of any employee, officer or agent of the Community for a tort arising out of an alleged negligent or wilful act or omission occurring in the performance of duty shall not exceed the amounts and shall be subject to the same conditions as the liability of the Community, and the liability of any employee, officer or agent for any tort arising out of an alleged negligent or wilful act or omission occurring in the performance of duty shall not exceed the amounts and shall be subject to he same conditions as the liability of the Community. The total liability of the Community n a claim against it or its employees, officers or agents shall not exceed the limits set forth �l (i), (ii), and (iii) above. The limitations imposed on individual claimants by this section includes damages claimed for loss of services or loss of support arising out of the same tort, and includes damages for loss of business profits. The Community further agrees to indemnify the City of Prior Lake, the City of Shakopee, the Metropolitan Council and the MWCC against, and hold them harmless from those claims, liabilities, demands, damages, costs and expenses arising out of negligent or wilful actions by the Community, its employees or residents which result in penalties imposed against the City of Prior Lake, the Metropolitan Council or the MWCC, whether by federal, state or local governmental units, for violations of permits which are required for the City of Prior Lake, the Metropolitan Council or the MWCC to continue operation of the sewer facilities to which the Community is connected. Such indemnification shall be limited to those violations for which the liability of the Community is shown by clear and convincing evidence, and shall be available to the complainant only after notice to the Community and failure by the Community, within a reasonable time, to discontinue the activity which violates the permit, however, the indemnification remedies shall still be available to the extent of any liabilities and costs already incurred. For the purposes of those seeking relief under this section, jurisdiction over any and all claims, liabilities, demands, actions, damages, costs and expenses shall be available in any court of competent jurisdiction, including, but not limited to, the Federal District Court for the District of Minnesota. In the sole event of a claim brought by one of the parties hereto, that party shall first seek relief in the Federal District Court for the District of Minnesota for indemnification, and the Community hereby expressly and unequivocally grants a waiver 13 of its sovereign immunity from suit for the limited purpose of permitting the exercise of the indemnification remedies provided in this Section X. Such specific and limited waiver of the Community's sovereign immunity from suit is not and shall not be construed to be a general waiver of the Community's sovereign immunity from suit or a consent to suit for any other purpose than to permit the parties to this Agreement to seek relief for indemnification under the limitations of this Section X., nor shall this specific and limited waiver be deemed to be a consent to suit other than to the extent necessary to secure and exercise the rights of the parties to indemnification hereunder. The parties agree that the limitations on indemnification for penalties imposed against the parties hereto for which the liability of the Community is shown, as set forth in the first paragraph of this Section X., shall be the maximum amount of any liability of the Community to any party hereunder, and shall be sufficient to cover any loss to the parties indemnified under this Section X. In the event of an inconsistency or conflict between the terms of this Section X. and any other provision of this Agreement or any other document made a part of this transaction, the terms of this Section X. shall prevail. B. The City of Prior Lake agrees to indemnify and save the Community harmless against and from any and all tort claims, liabilities, demands, actions, damages, costs and t:xpenses, including reasonable attorneys' fees for the defense thereof, arising out of any 3.icgligent acts on the part of the City of Prior Lake or its employees with respect to the ortions of the Facility located outside the boundaries of the Reservation to the extent permitted, and not to exceed the maximum liability authorized, pursuant to Minnesota Statutes, Section 466.01, et seq. XI. Jurisdiction. Except as provided in Section VIII.B of the Agreement, nothing herein shall be deemed to affect the jurisdictional powers and immunities which the Community, the Cities, the MWCC or the Metropolitan Council enjoy under the laws of the Shakopee Mdewakanton Sioux Community, the laws of the United States of America or of the State of Minnesota. XII. Successors and Assigns. The rights, privileges and obligations of the Parties under this Agreement are intended to, and shall, remain in full force and effect and shall bind any successor agencies or entities to which the authorities and obligations of the Parties may be assigned by law. XIII. Effective Date. The Agreement shall be effective upon all of the following having taken place: (a) this Agreement having been approved by Resolution of the General Council of the Community, by Motion of the Metropolitan Council, by Resolutions of the City Councils of the Cities of Prior Lake and Shakopee, and by Resolution of the MWCC; (b) this Agreement having been approved by the Area Director, Minneapolis Area Office, Bureau of Indian Affairs, U.S. Department of the Interior; and (c) this Agreement having been signed by all of the officers designated as signatories below. XIV. Possible Oversizing of a Portion of the Facility. The Parties recognize that the City 14 of Prior Lake may wish to have a portion of the Facility near the Interceptor constructed with a gravity sewer pipe of 12 inches, for purposes of providing sanitary sewer service to an area in the City of Prior Lake outside the Reservation. As to this possibility, the parties agree that the Facility shall not utilize a force main larger than six inches, and shall not be connected to any building or development outside the Reservation, unless the following requirements are met: A. Increased Cost to be Borne by City of Prior Lake. Any difference in the cost of the design and construction of the Facility that results from the oversizing contemplated by this Section XIV will be borne by the City of Prior Lake, and the City of Prior Lake hereby agrees that the costs of such construction shall be paid by trunk charges. B. Necessary Approvals. No assessments for those facilities outside the Urban Service Area or use of the facilities outside the Urban Service Area will be made by the City of Prior Lake unless the Metropolitan Council allows the redesignation of said lands to include them within the Urban Service Area. This provision shall not be construed as a redesignation of said lands within the Urban Service Area. C. Non-Reservation Use Not to Affect Community's Allocation. Any allocation sewer capacity to the areas in the City of Prior Lake lying outside the Reservation will : ot affect the Community's conditional entitlement to 325 Residential Equivalent Units under the provisions of Section IV of this Agreement. XVI. Intent to Enter Into Memorandum of Understanding. It is hereby agreed that it is the understanding of the parties hereto that the Community and the Metropolitan Council will enter into a Memorandum of Understanding regarding long-range planning, which Memorandum shall be executed simultaneously herewith, and which shall determine the understandings, rights and duties of the Council and the Community with regard to their government to government interactions. XVII. Assent of Shakopee to the Provisions of This Agreement. The City of Shakopee recognizes that this Agreement requires the consent of the City of Shakopee to the provi,sion of sewer services by the City of Prior Lake to Reservation lands within the exterior boundaries of the Shakopee City limits, and the City of Shakopee further recognizes that such provision of services does not involve any sewer facilities of the City of Shakopee. Therefore, the City of Shakopee, by and through the execution and delivery of this Agreement, hereby consents to the provision of sewer services by the City of Prior Lake to those Reservation lands within the exterior boundaries of the City of Shakopee. XVIII. Intent to Enter Into Fees In Lieu of Taxes for Services Provided Agreement. It is hereby agreed that the City of Prior Lake and the Community will enter into a Fees In Lieu of Taxes Agreement regarding the compensation provided by the Community for those services provided to the Community by the City of Prior Lake, which Agreement shall be executed simultaneously herewith. 15 XIX. Term of Agreement. This Agreement shall be effective for a term beginning on the Effective Date described in Section XIII and ending on January 1, 2089. XX. Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. Signed: Shakopee Mdewakanton Sioux Community, Approved as to form: By : JWi. $/7 (: 3 `4-- al-airman 4LChairman Date City of Prior Lake, Minnesota, Approved as to form: By: _ _ Mayor � By: g 1'73 _AO�. City Man-" D.te ' City of Shakopee, Minnesota, Approved as to form: By: By: Mayor City Clerk By: City Administrator Date 16 Metropolitan Council, Approved as to form: By: Chair Date Metropolitan Waste Control Commission, By: Chair Date Approved as to form: By: Chief Administrator Date I herewith approve this agreement on behalf of the United States Department of Interior, Bureau of Indian Affairs, pursuant to the authority delegated to me under the provisions of 25 U.S.C. §81. By: Area Director, Minneapolis Date Area Office, Bureau of Indian Affairs 17 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY RESOLUTION APPROVING SANITARY SEWER ORDINANCE WHEREAS the Shakopee Mdewakanton Sioux Community has the authority under Article V, Section 1 (h) of its Constitution to promulgate and enforce ordinances which are intended to safeguard and promote the general welfare of the Community by regulating the use and disposition of property upon the Community' s Reservation; and WHEREAS the Shakopee Mdewakanton Sioux Community has the authority under Article V, Section 1( a) of its Constitution to negotiate and contract with local governments on behalf of the Community; and WHEREAS the Shakopee Mdewakanlon Sioux Community wishes to develop for the benefit of Community members certain lands which it has purchased , and which have been conveyed to the United States of America in trust for the Community; and WHEREAS no development of the lands referred to in the preceding paragraph will be possible unless the lands are served by city sewer facilities ; and WHEREAS the Community has authorized and directed its representatives to negotiate with other governmental entities , including particularly the Metropolitan Council of the Twin Cities area , the Metropolitan Waste Control Commission, the City of Prior Lake , Minnesota, and the government of Scott County, Minnesota, to accomplish the extension of sewer facilities to the Community' s reservation from the main sewer interceptor line , owned by the Metropolitan Council , lying near the reservation ; and WHEREAS the negotiations which resulted from the authorization and direction discussed in the immediately preceding paragraph have yielded a Sewer Construction and Maintenance Agreement which, if approved by all parties , will permit the Community to construct the sewer facilities it requires ; and WHEREAS the Sewer Construction and Maintenance Agreement referred to in the immediately preceding paragraph requires the Community to adopt a sanitary sewer ordinance which contains certain specific provisions; NOW THEREFORE BE IT RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does approve the attached Sewer Construction and Maintenance Agreement, and does authorize the Chairman of the Community to sign it on behalf of the Community; and EXHIBIT 1 • BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does approve the attached Sanitary Sewer Ordinance ; and BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does request that the Area Director of the Minneapolis Area Office , Bureau of Indian Affairs , United States Department of the Interior approve the attached Sanitary Sewer Ordinance , inasmuch as it may in the future affect , or result in the levy of assessments on , non-Indians , and therefore must be reviewed and approved under the Article V, sections 1 (q ) and 1 ( h ) of the Constitution of the Shakopee Mdewakanton Sioux Community; and BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does request that the Area Director of the Minneapolis Area Office , Bureau of Indian Affairs , United States Department of the Interior approve the attached Sewer Construction and Maintenance Agreement , under the provisions of 25 U.S .C. §81 ( 1982 ) . CERTIFICATION: This resolution was passed by a vote of yes , / no, abstentions , with a quorum present , at a duly called special meeting of the General, Council of the Shakopee Mdewakanton Sioux Community held date at the Shakopee Mdewakanton Sioux Community Center Building . i ?_c CPia i rma n Secretary-Treasti"r • SANITARY SEWER ORDINANCE OF THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Section 1 . Definitions . As they are used in this Ordinance , the following terms shall have the following meanings: a . Agreement. "Agreement" shall mean the Sewer Construction and Maintenance Agreement between the Shakopee Mdewakanton Sioux Community, the City of Prior Lake, Minnesota, the Metropolitan Council of the Twin Cities area , and the Metropolitan Waste Control Commission of the Twin Cities area , together with any amendments to that Agreement . b. Assignment . "Assignment" shall mean a land assignment made on the Reservation to a member of the Community. c . City . "City" shall mean the government of the City of Prior Lake , Minnesota. d . Community. "Community" shall mean the Federally recognized tribal government of the Shakopee Mdewakanton Sioux Community. e . Facility. "Facility" shall mean the sanitary sewer facility that is constructed to serve the Reservation under the Agreement. f . IHS. "IHS" shall mean the Indian Health Service , United States Department of Health and Human Services . g . Metropolitan Council . "Metropolitan Council" shall mean the agency created by section 473 . 123 , Minnesota Statutes ( 1984 ) . h . MWCC. "MWCC" whall mean the agency known as the Metropolitan Waste Control Commission, created by section 473 .503 , Minnesota Statutues ( 1984 ) . i . Reservation. "Reservation" shall mean the lands now or in the future held in trust by the United States of America for the Community which have been declared by the government of the United States to be an Indian reservation . j . Residential units. "Residential units" shall mean a measure of sewage flow equivalent to an average maximum of 274 gallons per day . k . Tribal Administrator. "Tribal Administrator" shall mean the Tribal Administrator employed by the Community. Section 2 . Intent. It is the intent of the Community in • adopting this Ordinance to ensure the safe, efficient, and economical construction and maintenance of the Facility. It is the further intent of the Community by this Ordinance to supplement and aid the enforcement of the Waste Discharge Rules of the MWCC which appear at Ch . 5900 of Minnesota Rules . It is expressly not the intent of the Community to preempt those Rules by this Ordinance. Rather, it is the express understanding of the Community that the Waste Discharge Rules of the MWCC will apply to users of the Facility within the boundaries of the Reservation . Section 3 . Community Compliance with Agreement. The Community shall comply in all respects with the obligations which it has undertaken by the Agreement . This compliance shall include, without limitation, compliance with the requirements that appropriate Reserved Capacity Charges, Sewer Hookup Charges , and user fees be paid ; compliance with the requirements that letters of credit be maintained ; and compliance with the requirements that records of sewer hookups and sewer maintenance he maintained and he available for appropriate review. Section 4 . Responsibility for Administration . Responsibility for the administration and maintenance of. the Facility shall be vested in the Tribal Administrator. This responsiblity shall include the responsibility of. the Tribal Administrator, working in conjunction with the Community' s accounting office , to keep all records and make all payments and assessments contemplated by this Ordinance, and to take all steps necessary to ensure that the Facility is properly constructed and maintained . It shall also include the responsibility to establish and maintain a system whereby the users of the Facility pay to the Community, on an appropriately allocated basis , the user fees which the Community pays to the City under the Agreement . And it shall include the responsibility to establish and maintain a system of records which will permit the orderly administration and maintenance of the Facility, and will comply with the Community' s obligations under the Agreement . Section 5 . Conditions to Use of Facility . In each instance where a person or entity on the Reservation wishes to hook up a residence or other structure on the Reservation to the Facility, before authorizing such hook up it shall he the obligation of the Tribal Administrator to obtain the written agreement of such person or entity to the following conditions : a. Volume of Discharge . The person or entity wishing to hook up to the Facility must agree that the discharge into the Facility which will result will not exceed a specific number of Residential Units , which number shall he established by the Tribal Administrator having due consideration for the type of structure to be hooked up, and for the number of Residential Units to which the Community is entitled under the provisions of the Agreement. b. Compliance with Waste Discharge Rules and Permits . The person or entity must agree to comply with all of the terms governing the amount and content of sewer discharge that may be imposed on the Community by any Waste Discharge Permit issued by the Minnesota Pollution Control Agency to the Community, and with all of the terms governing the amount and content of sewer discharge imposed by the Rules of the MWCC. c . Reserved Capacity Charges , Sewer Hookup Charges , and User Fees. The Person or entity must agree to pay any Reserved Capacity Charge and Sewer Hookup Charge assessed to the Community as a consequence of the proposed hook up, and must agree to pay, as they are assessed , that proportion of the sewer user charges that the Community is obliged to pay the City which is appropriately allocable to the Person or entity. _._ • i i.1•) LL ) • • o . • � — 2' * _a I R , • III C rv+ 1 • --1 . \ \ r71 • I ' N. . , . 1_ .... __ _ . ii ..1 rr (n (,) bok,s 11%Ni iiii,„. . . a p N. �' • P. a- c x- fD X O P. 'CI ' rr to (D '•< (D (D (D • n m < (D 3 (D r S CL .- .44t1k1S % ®i )itq • Cf rr a • j• i1 O a I Z) .., (Do rr � n4 M'j .. i � C 1► n (Da- .�_ t ` i 1 C) 1 N.. I 7 ,• • % ' . I. • t l Z I / ` l •f fl fit) � \�� _ !i 41,/, ill • .- ` 1 _�_i •L 'fir1 Z - •• . .• 1 C - 44 . • , • • r �~'�' ' �1- •• . • ' :4 I EXHIBIT 2 1•- t'.tY l \• t • •. •I••i• 1 �= -- ...:s.-.0:•••••••`may ---7 J �� - • �� ..--- -- • ; i kiaI' J , �.� ... _ • m• .7...__.:__.i,%42,n , SHAKOPEE MDEWAKANTON SIOUX COMMUNITY RESOLUTION APPROVING SANITARY SEWER ORDINANCE WHEREAS the Shakopee Mdewakanton Sioux Community has the authority under Article V, Section 1 (h) of its Constitution to promulgate and enforce ordinances which are intended to safeguard and promote the general welfare of the Community by regulating the use and disposition of property upon the Community' s Reservation; and WHEREAS the Shakopee Mdewakanton Sioux Community has the authority under Article V, Section 1(a) of its Constitution to negotiate and contract with local governments on behalf of the Community; and WHEREAS the Shakopee Mdewakanton Sioux Community wishes to develop for the benefit of Community members certain lands which it has purchased , and which have been conveyed to the United States of America in trust for the Community; and WHEREAS no development of the lands referred to in the preceding paragraph will be possible unless the lands are served by city sewer facilities ; and WHEREAS the Community has authorized and directed its representatives to negotiate with other governmental entities , including particularly the Metropolitan Council of the Twin Cities area, the Metropolitan Waste Control Commission, the City of Prior Lake , Minnesota, and the government of Scott County, Minnesota, to accomplish the extension of sewer facilities to the Community' s reservation from the main sewer interceptor line , owned by the Metropolitan Council , lying near the reservation; and WHEREAS the negotiations which resulted from the authorization and direction discussed in the immediately preceding paragraph have yielded a Sewer Construction and Maintenance Agreement which, if approved by all parties, will permit the Community to construct the sewer facilities it requires; and WHEREAS the Sewer Construction and Maintenance Agreement referred to in the immediately preceding paragraph requires the Community to adopt a sanitary sewer ordinance which contains certain specific provisions; NOW THEREFORE BE IT RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does approve the attached Sewer Construction and Maintenance Agreement, and does authorize the Chairman of the Community to sign it on behalf of the Community; and EXHIBIT 1 • BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does approve the attached Sanitary Sewer Ordinance; and BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does request that the Area Director of the Minneapolis Area Office , Bureau of Indian Affairs, United States Department of the Interior approve the attached Sanitary Sewer Ordinance , inasmuch as it may in the future affect, or result in the levy of assessments on, non-Indians , and therefore must be reviewed and approved under the Article V, sections 1(q) and 1(h) . of the Constitution of the Shakopee Mdewakanton Sioux Community; and BE IT FURTHER RESOLVED that the Shakopee Mdewakanton Sioux Community hereby does request that the Area Director of the Minneapolis Area Office , Bureau of Indian Affairs , United States Department of the Interior approve the attached Sewer Construction and Maintenance Agreement, under the provisions of 25 U.S .C. §81 ( 1982 ) . CERTIFICATION: This resolution was passed by a vote of yes , / no, abstentions, with a quorum present, at a duly called special meeting of the General, Council of the Shakopee Mdewakanton Sioux Community held date at the Shakopee Mdewakanton Sioux Community Center Building . I CFiairman / 7%7 • e*. ,res 1 Secretary-Treasti 1SHAKOPEE MDEWAKANTON SIOUX COMMUNITY L • RESERVATION LAND 1.J „r //H r Vn/‘,.'/ Ltd.s7. `'' I. //•Y7G 7ra1c..J L I �j Hca Card /4G. /rd.lty. yn.. 27.35 I 1 4/1,3 .�Y <�o ✓ SH AKO PE E Ld /c45..-/ 1..=. r /a/1Gl y . r qin ,- //e51 6.��a � :r." 44-1'_,�� exac ' ?`• s,�` s 79'14 " ,3s ) C .er/f,o p e �ranGe ifiti- /�L 70 ? _ V • 233.57 Yl �` ?iD.lHanson,. tI i5 I - .-,o y '•.kJ•,.•.,,r.r i /.221, �(D' //,'4 ..,, ✓ �c tL aA.lC• . e ,s r� Snug l ~c�� ,r+, ir,'. ; v . . . Paerit 40 f l Ytt /z5 !�oL Lrtr \l n• gD • .:�I '{II`'10°' /.. «y l�__— t4 .38 5 •.J 4 - -&:,..1..-z. ..:;wwise Oma. L t 1 • N 39:45.4.--•.:`C; '`a Si•I Z-;, c G "' _ t��( + IP° r- ilk X7/0.0/,>.wa" ` r ,tJ-.ig., - ;: 17",-,‘" * t i n - 2:.f7dd,lils/Y .:.: • 'f O(!1. • ` I„/'T_GYM:—:' : _i:=:c.--' 1.-..,\ 1N.:i ..:.;.. I m' .C:ti lett,rGG � 1 , ,(.,,plJ � � Coif. -/0.:{.• :�``-� :::,:,....41-41..i.::-.,..,: . �t. 1,2-,..i.�. �C..Zal' �� I H::#�-. US ::::;.:41; 2. //G �_ - r Gr_zpii -'EI P, l }� i. :•'787✓ ,� -\� ,e , a ,, ''r i - kt- LZO /v0 /J.. 1 :> : ��� acrcnS� > • 11 aid r '.•: 5 ""� o i ; LQ- ✓1rZall_ MI L�[scncl� i'': 4 cl ��� �i�,.:ti,ice.. ,.: . i rr� 11 1 I �^� ins SSl� -_ ':'4 , .Pnt�rE �L n� /7 �- A li I I����' •lf' • I1I �' . .` �� �c c/GJ`ers 5a rc •_ G5 6.1 mgm�i%19;-�J#• ` li,,(� 80 PRIOR /76.37 i _ _•• f C� €: .: _ I49J 7 • IIIiIisl1i.'•. %I,il Q • r P.-.// l Ll.'Ar..JXAS Z. 1 II .,_OC1rY[1:✓ ME!<S.!,Ii lii 11 T.r.', ''”"?ice T/1 e- /i,s.n ' /C3 �t0 + i ` `- % -�o i 1I •``F{' z ''Ill "�r .F Llez X ILO GO. �. ;. Cn k. I!' F •._ It..f9;il,+ t �2CL.S 93./4 moi- • .E'.4 76- -1 a1d ., .0 rd Z .(3k V[J'.2. i .3/B.Z2 \-, r � .. • .444''1' s.•, rfon/L'S , i M,n/) 3 1-/lyG ./L) /� ,•-. -. -- r� i, 7Y4Z— ,1 LAKE i a �. ..ter,;.,r°-1 , ' 7 'g• •^•f i I 1:;11".” ;•rilili 0. I ,``F' a., �y,./'., f ?s Y If kg fes±=i�`': ` y. tL �llll = � :ts ' zie. . II ;1 il?l:iltlii`I`':i,;`is-P i(11 �rirtt'L�� V f�I—'-- I r,,•.,,.",,�"l. .a l a , L I +'if.`:.115 4. 't:Ii I:it .`E .Pyv,ard.. ... r, B r^ �..o,,, :> , ti, 11.111111111141;11111III!'� za/�.-a - FF : ,�<<,e a _ ,,.:. 4.-+ `,:Vt....`,1 \ <..' -% 57 S. f ...,. .. i. i ;,30 ),C%r..�xr v3 `l n r. ♦'. --fit . -p v .r {l I�i� ►I+:l �� I�; ,sir-�'' ? ; z � � � _ I "7.';'..=_I.,'-'02:-J- `''ark 1 • �� �ti� I mo/�_ 1 A O ti.•!,--'f----1 Ptv ,� • ,. _ .; ��_.�� of Npp,(�"• F � `,©h�'.�sQl ^ r r ` F��d. I _.. .,."5* � E ..(J' Qi O M SPRING LAKc < � 4.44 �� }w �Prigil ' 3 X'F :. 1� b /.A E °GING L PARK ► I 7 a -:-• e -'.: 2 'S.... RESERVATION LANDS NORTH AGREEMENT 1 VIII 11 RESERVATION LANDS SOUTH AGREEMENT EXHIBIT A. / -Z • 0 c \ :' .0 -, • - 11 II • 0 ' c.^ I I 11 . 1 _ I + 1• I I a ti, I I u II ° 01] u �� ED I 11 x H l m 0 u x II O i''' x 1 ,1111 �o ch Ej N N 711 1 ;�t II II. ,11 I N ;1 1 i l. -. II l Q 11 I I II. I — I.L'\ I __ ( II I g l 0 1 I c - . 1 U - m O-4 I CD i i © �` a..)-----) �v� outioT c x / / �o la Opp 6�6" I PJ i _. / O / I i o / -4 / ". %-- 1 o { o Q� =u ' 1.1 1 O :IF;� N AI111 . / x 1 ' 1III ( Im / Ju g r I1 o •O ° II x ION11 x13", I Nf11 I l F -1I Q ;' ItEXHIBIT B 11 Q 11 , I- 11 N £� 0 IDS ° , i o i1'1 SHAKOPEE MDEWAKANTON ---- SIOUX COMMUNITY yp{([111IA ROAD UTILITY UPGRADE STUDY SANITARY SEWER PROPOSED 8' SANITARY SEWER 1 PROPOSED FORCEMAIN W,1,1JAM R. EN GELHA.RDT ASSOCATES CONSULTING ENGINEERS CHASKA, MINNESOTA 55318 SC,'. 1=30.7 JANUARY, 1952 a33 � OQ 1 a 1 1 . a I I I O1 _ ago ! • l827 I r FORMER McKENNA '4 I PROPER Y - - o �..._,_..'f . f. a 905- .0.,_:-...,,_,,,_ _ ; ,--)"%\--s--.—.... ,\--. .... 220 .S. NO. 2 _ , • _,_..r"c\iiI.2l „ . ii itk.„ • It . --------:-. ------ ..• 0 "... C 0 1 c'''e°2_ ‘.11 .rar-r-N5Sj(K-1 . cC... (.‘ -/---:% -),...,_, '117-7-4•'7- ---7:-... . -,. � ~ s . i - IO?'S .S. NO. 3� L V, 1. ) 3 ,-;:j...9 ..s, QC; 0 LO OVo :\jl - _ -I \ c=c-r; ' ' CI4 . • o .. e/.., (-71, (.. \,,,...•, ,.---. , 'L.--. .. ;------*`-:--•,\--.. ‘,%:!----"-' 17)-• :..\\ .'. -1-- 1 -(----//- , -1 l.),0)•1% 0 ‘r-6."/..)--si .` \J 1 Q ' \ C (.x211 �_. -- .' : - . .� • :, . � •13 1N. _. 22 6\7"--., v . � -:.� _ o . !` - - , _RESIDENTIAL- C \�' i,\_j' • - _ V o c _ 872 — '3 M .. • --r.-.7-- - :�� - 3 __/1�.1� .. ) ''�•• - • �. -moi �[ .:I _924 _ --.;• •:;-.:i.: . •--1. . ra '..\.7,-, L'-f' I I: 8�•a .:. Ii,...."- • _• _ GRAVITY - - PRIOR LAKE SWR;,• ..:-� _. �� ." _. I___. _ _ -----),-.....,",1/4:-.7./.-:-7.( CLL • I ! � - • -� -X17. �` •�; . - • i ' 904 , 4i %\1` �% IORLAK I "o. ,y! '✓ INT_ERC1PT0^ •-` I • . •.( \ )�, .. , / r ( '_ On/2 ';--i.j i s. _ I I .I ::. / • _,' -). (---.. ; ,-------,/ - P\ v _, l I-. . .a� s. , , 862 .1� � <\. = (�, 1` N -- �,, ; ' , \, SHAKOPEE MDEWAKANTON /-=';:,.-z,..- ~ ��" / _ SIOUXCOMMUNITY SES \. ' A .'"_-��; _ ` IX.i' _ _ ��'' �--- (. ( � UTILITY UPGRADE STUDY --_----- ----.--;_t) - - (��� ''' r,' _--- \-)1 7'' //_--:,- LIFTSTATION & FORCEMAIN CONCEPT PLAN J4-��=�� ,. I •��� LIFT STATION 6 ���-'� .t__`—� / �c I -- FORCEMAIN �i �-�, PRE?aP.EO 3Y� r' J /;-'---------. 11%c;\ /'�f `NILL!AM R. ENGEL I-;ARDT ASSOC!AT ES. INC. C•ONSUL',IN6 _NG;NE_BS �-` ~ '-• ' 1107 HAZELTINE 3LV3.. SUITE =eo -�•.�.,�� ��/ CyASiC A, ,111NNESv:a :5318 \/ ivy ��� �� ;621448-3o 3H 1 EXHIBIT C I Prior lake State MBank June 8, 1993 IRREVOCABLE LETTER OF CREDIT NO. 1140 Metropolitan Waste Control Commission Mears Park Center Expiration: June 8, 1994 230 East 5th St St Paul MN 55101 Gentlemen: Prior Lake State Bank hereby establishes an Irrevocable Letter of Credit in the amount of Fifty Thousand and 00/100ths dollars ($50,000.00) in your favor for the period beginning June 8, 1993 and expiring June 8, 1994 for the account of Shakopee Mdewakanton Sioux Community. This credit shall be available against your draft at sight on us accompanied by the original Letter of Credit. { This Letter of Credit sets forth in full terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument or agreement referred to herein or in which the Letter of Credit is referred to or to which this Letter of Credit relates. Any such reference shall not be amended to incorporate herein by reference any document, instrument or agreement. Your draft so drawn must bear this clause "Drawn under Prior Lake State Bank, Prior Lake, Minnesota Irrevocable Letter of Credit Dated June 8, 1993." We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn on and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. In connection herewith, we specifically waive our rights (if any) including but not limited to Section 5422 (1) A & B of the UCC Code, to defer or delay honor of any sight draft. This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credit (1983 Revision) International Chamber of Commerce Publicaton No. 400. Sincerely, - 111 Joh R. Breitbach • e President P.O.Box 369, 16677 DULUTH AVENUE SE PRIOR LAKE.MINNESOTA 55372-0369-TEL 612-447.2101 •FAX 612-447-3337 EXHIBIT D Prior Lake State MBank June 16, 1993 IRREVOCABLE LETTER OF CREDIT NO. 1141 City of Prior Lake 2629 Dakota St. SE. Expiration: June 16, 1994 1 Prior Lake MN 55372 Gentlemen: Prior Lake State Bank hereby establishes an Irrevocable Letter of Credit in the amount of Twenty-five Thousand and 00/100ths dollars ($25,000.00) in your favor for the period beginning June 16, 1993 and expiring June 16, 1994 for the account of Shakopee Mdewakanton Sioux Community. This credit shall be available against your draft at sight on us accompanied by the original Letter of Credit. This Letter of Credit sets forth in full terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument or agreement referred to herein or in which the Letter of Credit is referred to or to which this Letter of Credit relates. Any suci reference shall not be amended to incorporate herein by reference any document, instrument or agreement. Your draft so drawn must bear this clause "Drawn under Prior Lake State Bank, Prior Lake, Minnesota Irrevocable Letter of Credit Dated June 16, 1993." We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn on and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. In connection herewith, we specifically waive our rights (if any) including but not limited to Section 5-122 (1) A & B of the UCC Code, to defer or delay honor of any sight draft. This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credit (1983 Revision) International Chamber of Commerce Publicaton No. 400. Sincerely, n R. Breitbach •ice President P.O.SOX 369.16677 DULUTH AVENUE SE PRIOR LAKE.MINNESOTA 55372-0369-TEL 612.447-2101 •FAX 612-447-3337 EXHIBIT D COi' T -o\ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for Extension of Time to Record the Final Plat for Market Place with the Scott County Recorder's Office DATE: August 4, 1993 INTRODUCTION: The City has received a request from Mr. David Rutt to extend the 180 day time period for the filing of a Final Plat after approval of the plat by the City Council. The City Code states that if a plat is not filed within 180 days after approval by the Council, the Council may rescind its approval. The applicant received approval from the City Council to extend this time period for an additional 180 days at their February 2 , 1993 , meeting. Since the applicant has not yet received proper title to the property, he is again requesting an extension of another 180 days. BACKGROUND: On August 18 , 1992 , the City Council approved the Final Plat for Market Place. City Code Section 12 .03 , Subd. 4 .F states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder / Register of Titles" . The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the final plat itself. In addition, City t Staff pls not at have the proposed that would necessitate a new review and approval of the plat by the City at this time. ALTERNATIVES: 1. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Market Place by an additional 180 days. 2 . Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Market Place by a shorter period of time. 3 . Offer and pass a motion denying the request to extend the 180 May time period the Plat for Market P1 and require the developer to resubmit the Place plat for approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion granting the developer ofi t ketwiPlace an Sadditional 180 days in which to file the Final P Recorder's Office, and move its approval. 8/3/93 City of Shakopee . 129 Holmes Street S . Shakopee , Minn . 55379 RE : Market Place I would like to extend the time for recording the plat . if possible six months . I have not received proper title for the property yet . Sincerely . David Rutt Jib' CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (8/12/93) for the 1993 budget, although on the attached printout there appear to be a few divisions running close to their budget. Attached is a print out showing the budget status as of 08/12/93 for 1993 based on data entered as of that date. V/2/S_ CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED = 00 N/A 0 5 7 0 11 MAYOR & COUNCIL 69,140 5,681 33,396 48 12 CITY ADMINISTRATOR 252,920 14,687 146,900 58 13 CITY CLERK 113,100 4,926 68,048 60 15 FINANCE 269,480 6,407 162,987 60 16 LEGAL COUNSEL 155,820 7,646 87,169 56 17 PLANNING 294,360 6,516 138,560 47 18 GENERAL GOVERNMENT BUILDINGS 115,410 4,285 72,560 63 31 POLICE 1,309,220 41,470 855,640 65 32 FIRE 805,820 638 112,370 14 33 INSPECTION-BLDG-PLMBG-HTG 163,964 4,852 89,145 54 41 ENGINEERING 336,380 12,757 164,234 49 42 STREET MAINTENANCE 684,446 15,526 314,973 46 44 SHOP 148,120 3,425 64,125 43 46 PARK MAINTENANCE 315,940 18,730 198,804 63 48 REFUSE COLLECTION 513,550 40,334 293,576 57 61 POOL 150,300 22,307 112,258 75 64 RECREATION 200,010 9,002 122,439 61 91 UNALLOCATED 110,850 2,585 24,887 22 TOTAL-GENERAL FUND 6,008,830 221,779 3,062,078 51 17 PLANNING 360,860 12,909 196,154 54 TOTAL TRANSIT 360,860 12,909 196,154 54 12 CITY ADMINISTRATOR 64,870 832 33,063 51 TOTAL HRA 64,870 832 33,063 51 ___ 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 _________ _______ == ___ C) C) 0 0 o x 0 w w co w w w w w +4 V x 0 O. 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N N N N N I-. 0 W W 0 UI N C" VI OD N O '.0 'Cl) Fr F' V Co OD 0 Fr V Co N LA '.0 0 N C. l.• N V+ V � 1--' 0% Vt 0 0% CO O N VC 0 W CT C% N . '.O sal 0% .. Vt 0 Co 0 v Vt 0 1-' .L' W V+ 1-4 CO w 0 0 0 w N .0 VI fV CA W to VI .. Vt 0 b TO 00 CD 1-' i/.4' MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTORM SUBJECT: PUBLIC WORKS YARD r, DATE: AUGUST 5, 1993 INTRODUCTION City Council requested that staff investigate the possibility of providing landscaping screening adjacent to the fence around the Public Works yard. BACKGROUND Due to new development just west of the Public Works storage yard, the City Council directed staff to explore the possibility of improving the visual aesthetics of this storage yard. Staff has obtained an estimate to plant trees along the west fence line to screen the yard from the adjacent residential development. It is estimated to cost around $1500 to plant Techny Arborvitaes every 6 feet apart along this fence. These evergreen shrubs will grow anywhere from 12 to 25 feet high. Another option would be to plant 2 rows of spruce trees (staggered) about 20 feet apart. These trees will grow much larger, to a height of 35-45 feet high. The cost of this option is around $1200 . The City' s tree inspector recommends using the Techny Arborvitae bushes along the west fence and Spruce trees along the south fence. If the City Council also wishes to screen the east fences, the cost estimate for that side would be approximately $1800. Currently, there is vacant land east of the yard, which could be develop in the future. There is existing residential development south of the storage yard and new development west of the yard. The total cost for all 3 sides would be $4500 . In addition to providing the landscape screening, City crews have been cleaning up and reorganizing the storage yard and will continue to do so to improve the appearance of the outdoor storage area. The 1993 Public Works budget does not contain funds for this expenditure. If the City Council wishes to proceed with this project an interdepartmental transfer would be necessary. Currently, there is $6400 remaining in the Supply Budget for the Park Division and $5900 remaining in the Supply Budget for the Street Division. Since both departments utilize the storage yard, one-half the costs for the trees can come from each division. Another option would be to direct staff to add this to the 1994 budget. This would result in increasing the 1994 budget levels over the 1993 levels, unless some additional cuts were made in other areas. ALTERNATIVES 1. Authorize staff to spend $4500 to plant trees around the Public Works yard to screen it, utilizing the existing supply budgets. 2 . Direct staff to include this request in the proposed 1994 budget. 3 . Direct staff to take some additional action. RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Move to authorize staff to spend a maximum of $4500 for planting trees around the Public Works storage yard, to be funded out of the 1993 Supply Budget for the Street and Park Divisions. equipmnt/yard r-' (:) 7' r7 I I ?j- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Contract Authorization DATE: August 3, 1993 Introduction Council authorization to execute two contracts/agreements is requested. Background Council authorization to execute two contracts/agreements is requested. The first is for the use of the Marquette Bank night depository box for pool deposits after hours. The second is for the annual membership in the State of Minnesota Joint Purchasing Cooperative. At this point, it appears that we will be buying at least rock salt and a full size squad car off the state contracts in the next 12 months. The City Attorney has reviewed both contracts/agreements. Alternatives 1. Authorize execution of both contracts. 2. Authorize execution of one contract. 3. Do not authorize execution of any contract. Recommendation Alternative number 1. Action Requested Move to authorize the appropriate city officials to execute contracts/agreements for the State of Minnesota Cooperative Purchasing Agreement and for the night depository services of Marquette Bank Shakopee. COJSENT i i K MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTORI)) SUBJECT: SEWER T.V. CAMERA DATE: AUGUST 10, 1993 INTRODUCTION Staff is requesting permission to repair or replace the sewer televising camera. BACKGROUND The City' s televising camera is not functioning properly, so staff sent it in to the manufacturer (CUES) to get an estimate on repairing it. The manufacturer has indicated that the cost to repair this camera would be approximately $1, 035 . 00 . They also indicated that because if its age (1979) , additional repairs may be needed once they start looking into it. In addition, we have received the following quotes from CUES : 1. Purchase of a newer used T.V. camera - $1, 000 . 00 2 . Purchase of a new T.V. camera - $4 , 900 . 00 The sewer T.V. camera is used extensively during the year for investigating sewer problems, performing the annual preventative maintenance on the sewer system, researching the condition of the existing sewer pipes within street reconstruction areas and for final inspection of new sewer pipe installations. Based on the departments excellent annual televising program and meticulous record keeping, the City routinely defends or avoids sewer back up claims. In short, this camera is an essential piece of equipment for maintaining the sanitary sewer system. ALTERNATIVES 1. Repair the existing T.V. camera for a cost of $1, 035 . 00 . 2 . Purchase a used T.V. camera for $1, 000 . 00. 3 . Purchase a new camera for $4 , 900 . 00. 4 . Do nothing. RECOMMENDATION Staff recommends Alternative No. 2 , to purchase a used camera for $1, 000 . 00 . It does not appear to be economically viable to repair the old camera as compared to buying a newer used camera. The used camera has been utilized by the Sewer Department on a trial basis for about 1 week to determine if the camera is compatible to the existing equipment and it does met the City' s needs. This item was not included in either the 1993 Budget or proposed 1994 Budget request for the Sewer Division. Attached are the Sanitary Sewer Division Budget sheets from the 1993 Budget. Staff also recommends that the entire Sewer Televising System, including the van, electronics, cables, controls, etc. , be evaluated for possible future Capital Equipment expenses. The entire system was originally purchased in 1979 and may be approaching the end of its accepted service life. Staff will be evaluating this system for future Capital Equipment Budgets. 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O 0 Z O U MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director id SUBJECT: 1993 Street Reconstruction Project DATE: August 10, 1993 INTRODUCTION: City Council direction is being requested regarding the installation of sidewalks on the 1993 Street Reconstruction Project. BACKGROUND: The 1993 Street Reconstruction Project consists of 6 separate streets as follows: Spencer Street 4th Avenue Naumkeag Street Fillmore Street 8th Avenue Atwood Street At the March 30, 1993 public hearing to consider these improvements the City Council ordered sidewalks installed on both sides of 4th Avenue and Spencer Street, due to these streets being collector streets. These sidewalks will not be assessed. In regards to the remaining streets, the Engineering Department's past practice has been to reconstruct all existing sidewalks during the reconstruction of a street. In other words, if there are existing sidewalks, they will be replaced during a street reconstruction, but if there are none, no new sidewalks are added without prior City Council direction. In regards to the 1993 Reconstruction Project, Naumkeag Street and Fillmore Street do not have any existing sidewalks so staff is not proposing any during the project. Atwood Street (adjacent to the hospital) has sidewalks on both sides of the street so the sidewalks will be replaced as part of the project. The problem arises when a street has partial sidewalks on it, like 8th Avenue. Do the existing sidewalks get removed or are new sidewalks added to fill in the gaps? Shown on Attachment No. 1 is a listing of the location of the existing sidewalks on 8th Avenue. As indicated, there are many areas of partial sidewalk and some of these areas should either be filled in with sidewalk or removed. RECOMMENDATION: Staff recommends the following pertaining to the sidewalk on 8th Avenue. Atwood to Holmes Due to the presence of the church at Fuller Street and 8th Avenue, staff recommends filling in all gaps in the sidewalk for this two block area. There are only a few lots that currently do not have existing sidewalks (Note: 16 of the 20 lots currently have sidewalk). Holmes to Lewis Retain the existing sidewalk that is on the south side for the entire block. Lewis to Sommerville There is no existing sidewalk on this block. Leave as is. Sommerville to Spencer Remove the existing sidewalks. There is partial sidewalk on the north side only. If the Council fills in the gap for this sidewalk, then some consideration should be given to adding sidewalk to one side of the street between Lewis and Sommerville as this will be the only block in this stretch of 8th Avenue without sidewalk. In all segments, staff is also recommending that all new sidewalk installed to fill the gaps be included in the total street reconstruction costs and assessed at 25% along with all other reconstruction costs. ACTION REQUESTED: Move to authorize staff to install sidewalks on 8th Avenue between Atwood Street and Holmes Street to fill in any missing gaps in the existing sidewalks as part of the 1993 Street Reconstruction Project. DEH/pmp MEMO ATTACHMENT NO. 1 EXISTING SIDEWALKS ON 8TH AVENUE Block Existing Sidewalk Atwood to Fuller North Side - 4 out of 5 Lots South Side - 3 out of 5 Lots Fuller to Holmes North Side - Entire Block South Side - 4 out of 5 Lots Holmes to Lewis North Side - None South Side - Entire Block Lewis to Sommerville North Side - None South Side - Entire Block Sommerville to Spencer North Side - 3 out of 5 Lots South Side - None 11MO MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ik SUBJECT: Downtown Alleys DATE: August 12, 1993 INTRODUCTION & BACKGROUND: On April 20, 1993 the City Council held a public hearing and ordered the improvements to the Downtown Alleys. This project consists of reconstructing several of the alleys downtown along with replacing the overhead electrical lines with underground. This project is a joint effort between the City of Shakopee and Shakopee Public Utilities Commission (SPUC). The City is the lead agency for designing the project, but SPUC's consultant will be doing all of the electrical design work. At the public hearing ordering this project, staff indicated that if the design was completed in a timely fashion, this project could be bid and constructed yet in 1993. It is becoming quite apparent that the design will not be completed in time for a 1993 bid letting. Staff is therefore recommending that the letting and construction of this project be delayed until 1994. The Utilities Manager concurs with this recommendation. ACTION REQUESTED: This is being provided to Council as an informational item and no specific action is required by the Council unless the Council disagrees with staff's decision. DEH/pmp ALLEYS CONSEgN I N MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director TO SUBJECT: Industrial Park Drainage Improvements DATE: August 10, 1993 INTRODUCTION: Staff has been advised of a drainage problem in the Industrial Park requiring storm sewer improvements. BACKGROUND: As part of the development of the site in the Industrial Park owned by Brambilla's the Engineering Department required that an extensive stormwater management plan be prepared to address the increased runoff created by the construction of the building and parking lots. The owner of the property was required to maintain the pre-development runoff rates after development to minimize the effects on downstream parcels and storm conveyance systems. As a result of this requirement, the owner was required to construct a detention pond on-site at a considerable expense. Based on the large amounts of rain received this year, staff can attest that the detention pond is working properly, as designed. The owner has advised the City of a drainage problem associated with upstream parcels and the amount of runoff coming into the Brambilla site. Basically, the ditch along Brambilla's west property line which conveys the incoming runoff from the Industrial Park to the detention pond cannot handle the volume of water going through it. Attempts to establish vegetation or utilize rip rap in this ditch have failed. There is a continuing erosion problem that washes sediments into this pond and prevents turf from being established in the channel. All of the runoff in this ditch comes from properties outside of the Brambilla property. In short, the detention pond is designed to adequately handle the volume of water for the drainage basin, but the conveyance channel cannot. When the upstream parcels were developed (i.e. Shakopee Valley Printing), the City did not require any extensive stormwater management plan. These parcels were developed with City of Shakopee approved grading plans. Due to the current concern and trends regarding stormwater runoff statewide, cities have had to address this issue for new developments such as Brambillas. Mr. Brambilla has contacted staff regarding the problem and the fact that he does not feel it is his responsibility to repair this ditch as the problem is associated with upstream parcels. The upstream parcels do not feel any responsibility because their properties were developed under City approval. Therefore, Mr. Brambilla is requesting that the City address this problem. Staff has investigated the amount of runoff entering this ditch and due to the lack of any upstream ponding,there is a tremendous volume of water coming into this channel. The velocity of the water is too great for a grass lined channel and rip rap has also proven to be in-effective. The only method to eliminate the erosion problem is to install either a concrete lined channel or install a storm sewer pipe. This pipe would need to go from the outlet of the culvert under the railroad spur to the detention pond in Brambilla's site or a distance of approximately 228 feet. Staff has developed a cost estimate completing this work and it is estimated to cost around $11,000.00. Staff is seeking authorization to proceed with this project and receive direction on the funding mechanism for it. ALTERNATIVES: 1. Fund this project utilizing the Storm Drainage Utility Fund. 2. Assess this project back to all parcels in the affected drainage area. (Would require a public hearing). 3. Require the project be constructed at Brambilla's expense. (i.e. Do nothing option). 4. Any combination of the above. RECOMMENDATION: Staff recommends Alternative No. 1 because the problem is not related to Mr. Brambilla's runoff, but rather upstream parcels which were developed with City of Shakopee approval. Staff feels that this is an excellent use of the Storm Drainage Fund and is an example of a project that should be corrected utilizing this fund. The City has utilized this fund to correct other drainage problems not associated with the directly affected parcels, most notably reconstructing a ditch at Valley Fair in 1991 due to the construction of the Northstar Auto Auction and the recent decision involving the Foothill Trail ditch. ACTION REQUESTED: Move to authorize staff to solicit quotes for purposes of correcting the problem in the drainage channel at Brambilla's site utilizing the Storm Sewer Utility Fund and to construct the improvements for a maximum cost of$11,000.00. (If the quotes are higher than that, this item will be brought back to Council). ENGINEER'S ESTIMATE ORR-SCHELEN-MAYERON & ASSOCIATES OSM PROJECT NUMBER: 5126.00 DATE: PROJECT: SHAKOPEE\BRAMBILLA STORMSEWER BY: Peter R. Willenbring CITY OF SHAKOPEE PROJ. NO.: BRAMBILLA STORMSEWER Estimated Estimated Estimated Item No Spec No Description Quantity Units Unit Price Item Total 1 2501.511 24" RC PIPE CULVERT 228 L.F. 28.00 6,384.00 2 2501.515 24" RC PIPE APRON 2 EACH 650.00 1,300.00 3 2105.501 COMMON EXCAVATION 240 C.Y. 5.00 1,200.00 4 2575.555 4" TOPSOIL SEED, MULCH, AND DISC. ANCHOR 1 ACRE 1,200.00 1,200.00 5 2511.501 RANDOM RIP-RAP CLASS III 12 C.Y. 50.00 600.00 TOTAL BRAMBILLA STORMSEWER $10,684.00 GRAND TOTAL $10,684.00 1 OF 1 DE NTION if BRAMBILLA' • DITCH PROPERTY LINE w 0 SHAKOPEE VALLEY ct PRINTING 0 >— Vq BEY A/D• 8 > SVD • S. Du I 1.1T I/ o MEMORANDUM TO: MAYOR AND MEMBERS OF THE CIT��Y11 COUNCIL FROM: Karen Marty, City Attorneyl DATE: August 12, 1993 RE: Joint Powers Agreement with St . Louis Park for Bonds BACKGROUND: We have been asked to enter into a joint powers agreement with St . Louis Park, to enable them to issue revenue bonds for us . The bonds would be used to construct a new Park Nicollet clinic in Shakopee, as well as other medical facilities in other cities . These are revenue bonds, and would impose no obligation on the city. The draft agreement and bond documents were forwarded to bond attorney Dave Kennedy, of the Holmes & Graven law firm, for review. Mr. Kennedy' s letter is attached. As he indicates, there "is no expense to the city and the city will have no responsibility for the payment of the bonds. " The agreement also notes that "The Revenue Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith or loan of credit of St . Louis Park or Shakopee, within the meaning of any charter, Constitutional or statutory provisions . " ACTION REQUESTED: Adopt Resolution No. 3850, authorizing the execution and delivery of a joint powers agreement with the City of St . Louis Park, Minnesota, in connection with the issuance of health facility revenue bonds . [12CCL] Attachment HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M.LEFEVRE,JR. 470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT J.LINDALL ROBERT A.AISOP (612)337-9300 LAURA K.MOLLET RONALD H.BATTY BARBARA L PORTWOOD STEPHEN J.BUBUL Facsimile(612)337-9310 JAMES M.STROMMEN JOHN B.DEAN JAMES J.THOMSON,JR. MARY G.DOBBINS LARRY M.WERTHF.IM STEFANIE N.GALEY BONNIE L.WILKINS CORRINE A.HEINE GARY P.WINTER JAMES S.HOLMES WRITER'S DIRECT DIAL DAVID L.GRAVEN(1929-1991) DAVID J.KENNEDY 337-9232 — JOHN R.LARSON OF COUNSEL WELLINGTON H.LAW ROBERT C.CARLSON CHARLES L.LEFEVERF. ROBERT L.DAVIDSON August 10, 1993 Karen Marty City Attorney City of Shakopee 129 South Holmes Shakopee, MN 55379-1376 RE: Park-Nicollet Refunding and Project Financing - Joint Powers Dear Karen: I have reviewed the materials prepared by Popham Haik relating to the above transaction and find that they are in proper form for consideration by the city council at its meeting on August 17. The transaction, as you can see from the materials, is mammoth but Shakopee's requested participation is minimal. All of the bonds will be issued by the City of St. Louis Park on behalf of the other cities (Minneapolis, Eden Prairie and Burnsville) who each, like Shakopee, will enter into a joint powers agreement with St. Louis Park. The execution of the joint powers agreement is authorized by Minnesota Statutes, Sections 469.155, subdivision 9, and 471.59. The proposed financing in Shakopee is for a "project" as defined in Minnesota Statutes, Section 469.153, subdivisions 2(b) and 2(d). There is no expense to the city and the city will have no responsibility for the payment of the bonds. Any administrative costs incurred by the city in connection with entering into the joint powers agreement should be billed directly to Park- Nicollet clinic. No public hearing in Shakopee is required prior to the adoption of the resolution approving the joint powers agreement; the St. Louis Park public hearing will meet that requirement. If you have any questions, please contact me. ours truly, , ' / a David J. Kenne. • DJK:jes cc: Paul Tietz DJK57092 814155-11 POPHAM HAIK SCHNOORICH & K A U F M A N. LTD. INTERNATIONAL OFFICES: SUITE 3300 U.5 OFFICES: 222 SOUTH NINTH STREET LEIPZIG.GERMANY Of Nvl R, COLORADO MINNEAPOLIS, MINNESOTA 55402 TEL 01137-41.4918471 TEL 303-893-1200 TEL 6 1 2-3 3 3.4 8 0 0 FLORIDA FAX 6 1 2.3 3 4.8 8 8 8 STUTTGART.GERMANY MIAMI, TEL 01149-711-29830 7E1_305-530-00503 !L303-330.0030 WASHINGTON, D.C. TEL 202-982-8700 Paul H. Tietz, Esq. Direct Dial (612) 334-2711 July 29, 1993 VIA FACSIMILE Mr. Dennis Kraft, Administrator City of Shakopee City Hall 129 South Holmes Shakopee, Minnesota 55379-1376 Re: Joint Power Agreement with Respect to the Issuance of Health Facility Revenue Bonds Dear Mr. Kraft: The City of St. Louis Park, Minnesota has received a request from an obligated group of affiliated nonprofit Minnesota entities consisting of HealthSystem Minnesota The Healthcare Network, Methodist Hospital, Park Nicollet Medical Center and PNMC Holdings to issue up to $235,000,000 aggregate principal amount of revenue bonds to finance certain capital projects, to refund certain outstanding bonds and to refinance certain existing debt. A more complete description of the Project is attached hereto. Portions of the Project are located outside of the geographic limits of St. Louis Park. The Obligated Group has asked St. Louis Park to enter into separate joint power agreements 341/22009870 729193 with the Cities of Minneapolis, Eden Prairie, Burnsville and Shakopee, so that the portions of the Project located in such cities can be financed or refinanced through a composite issue. The Obligated Group has asked me to request on their behalf that the City of Shakopee consider entering into the enclosed joint powers agreement. It is my understanding from my telephone call with you that there are no formal application procedures for such a request. Thus, I am sending this letter as the application or request for such action. Attached hereto is a proposed form of resolution authorizing the joint powers agreement and the proposed form of joint powers agreement. As the Obligated Group has requested, the City of St. Louis Park to approve the Bonds on August 23, 1993, they request that the joint powers resolution be considered by the City of Shakopee at the city council meeting on Tuesday, August 17, 1993. The majority of the facilities to be financed or refinanced by the bond issue are located in St. Louis Park. The total to be financed through the four proposed joint powers agreements is approximately $18,000,000 of the proposed $235,000,000. The bonds to be issued for facilities located in the City of Shakopee is approximately $4,500,000. The proceeds will be used to finance the acquisition, construction and equipping of an approximately 20,000 square foot, one or two story medical clinic facility to be located on a portion of one of the following parcels of land, all of which are located within the boundaries of the City of Shakopee, Minnesota: (a) The third parcel of farmland (comprising approximately 60 acres) located on the east side of Scott County Road 17 (Marshall Road) approximately 1/4 to 1/2 mile south of the new Highway 169 Bypass (currently under construction); (b) A twenty-seven acre parcel of land located at the southwest corner of Vierling Drive and Scott County Road 17 (Marshall Road); (c) An eighteen acre parcel located at the northwest corner of Vierling Drive and Scott County Road 17 (Marshall Road). Please let me know if you require any further information, whether it is necessary for me, St. Louis Park or the Obligated Group to take any further action, and if there are any fees or charges in connection with the joint powers agreement. If you have any questions, please feel free to call me directly or to call Bill Telleen at Park Nicollet Medical Center (612-927-3381), Steve Martin at Methodist Hospital (612-932-5017) or Charlie Meyer, City Manager, at St. Louis Park (612-924-2525). SincereI Paul H. Tietz cc: Bill Telleen (via U.S. Mail) Steve Martin (via U.S. Mail) Charlie Meyer (via U.S. Mail) 341/22009870 729193 PROJECT DESCRIPTION CITY OF ST. LOUIS PARK, MINNESOTA HEALTHCARE FACILITIES REVENUE BONDS (HEALTHSYSTEM MINNESOTA OBLIGATED GROUP PROJECT) Series 1993 The Project consists of: (a) advance or currently refund all or a portion of the outstanding principal amount of the City of St. Louis Park's (the "City") $27,070,000 principal amount Hospital Facilities Revenue Bonds (Methodist Hospital Project), Series 1990-A issued by the City on November 15, 1990 (the "Series 1990-A Hospital Bonds"), (ii) the City's $66,170,000 original principal amount Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-C issued by the City on November 15, 1990 (the "Series 1990-C Hospital Bonds"), (iii) the City's $19,440,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1990-A, issued by the City on October 30, 1990 (the "Series 1990-A Clinic Bonds"), (iv) the City's $9,735,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1991-A, issued by the City on July 2, 1991 (the "Series 1991-A Clinic Bonds"), and (v) City of Burnsville, Minnesota $9,865,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1992-A, issued by the City of Burnsville on June 2, 1992 (the "Series 1992-A Clinic Bonds"); and (b) refinancing of all or a portion of the currently outstanding principal amount of (i) a $6,518,000 existing mortgage loan, the proceeds of which were used to finance or refinance the acquisition, construction and equipping of the approximately 221,000 square foot, seven story medical office building and clinic facility located at 5000 West 39th Street in the City, currently owned by Holdings and operated by the Clinic, (ii) a $819,000 existing mortgage loan, the proceeds of which were used to finance the acquisition and equipping of a 8,200 square foot, one story medical office building and clinic facility located at 7800 Eden Prairie Road in Eden Prairie,Minnesota, currently owned and operated by the Clinic, and (iii) a $2,574,000 existing mortgage loan, the proceeds of which were used to finance the acquisition and equipping of a 43,000 square foot, two story medical office building and clinic facility located at 2001 Blaisdell Avenue South in Minneapolis, Minnesota, currently owned and operated by the Clinic; and (c) the acquisition, construction and equipping of a 50,000 square foot, four story medical office building and clinic facility to be located at across 39th Street from 341122008906 7/29/93 the Clinic's main facility at 5000 West 39th Street in the City and a 55,000 square foot, two story medical office building and clinic facility to be located adjacent to the Clinic's main facility at 5000 West 39th Street in the City, both of which facilities are to be initially owned by Holdings and operated by the Clinic; and (d) the improvement, renovation and equipping of the Clinic's existing facility located at 5000 West 39th Street in the City, which facility is currently owned by Holdings and operated by the Clinic; and (e) the improvement, renovation and equipping of the existing hospital facilities owned and operated by the Hospital located at 6500 Excelsior Boulevard in the City; and (f) the construction, acquisition and equipping of an approximately 20,000 square foot medical clinic facility located in the City of Shakopee, Minnesota to be owned and operated by the Clinic. The proceeds of the Series 1990A Hospital Bonds were loaned to the Hospital and used to refund $28,000,000 of the $30,070,000 then outstanding principal amount of the City's Hospital Facilities Revenue Bonds (Methodist Hospital Project) Series 1985A (the "Series 1985-A Hospital Bonds"). The proceeds of the Series 1985-A Hospital Bonds and the Series 1990-C Hospital Bonds were used to finance the acquisition, improvement, renovation and equipping of the hospital facilities owned and operated by the Hospital and located at 6500 Excelsior Boulevard in the City. The proceeds of the Series 1990-A Clinic Bonds were loaned to the Clinic and used to finance (i) health/safety code compliance improvements to the approximately 173,000 square foot, seven story clinic facility located at 5000 West 39th Street in the City then leased by the Clinic from the owner, Park Nicollet Medical Foundation, (ii) work and code compliance, remodeling and the acquisition and installation of CT/MRI equipment and other equipment at the Imaging Center located at 4959 Excelsior Boulevard in the City and leased and operated by the Clinic, (iii) the acquisition, construction and equipping of a 38,000 square foot medical center and medical retailing facility owned and operated by the Clinic and located at 5320 Hyland Greens Drive in Bloomington, Minnesota, and (iv) the acquisition, constructing and equipping of a 20,000 square foot medical center and medical retailing facility owned and operated by the Clinic at 1885 Plaza Drive in Eagan, Minnesota. The proceeds of the Series 1991-A Clinic Bonds were loaned to the Clinic and used to finance a 45,000 square foot, three story medical center, pharmacy and medical retailing facility and a 231 parking space single level parking deck located at 15111 12 Oaks Center Drive in the City of Minnetonka, Minnesota, which facility is owned and operated by the Clinic. 34122008906 7/29/93 2 The proceeds of the Series 1992-A Clinic Bonds issued by the City of Burnsvilleuwere loaned to the Clinic and used to finance the acquisition, construction and equipping oui in of a 55,000 square foot addition to the 42,000 square foot medical office and clinic facility located at 14000 Fairview Drive in the City of Burnsville, which facility is owned and operated by the Clinic, and to refund the City of Burnsville Industrial Development Revenue Bonds (Nicollet Clinic Properties Project) Series 1982, the proceeds of which were used to finance such facility. 341/22008906 729/93 3 DRAFT 7/29/93 RESOLUTION NO. 3$S RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WITH THE CITY OF ST. LOUIS PARK, MINNESOTA IN CONNECTION WITH THE ISSUANCE OF HEALTH FACILITY REVENUE BONDS WHEREAS, the City of Shakopee (the "City") has received a request from an obligated group of nonprofit Minnesota entities through the City of St. Louis Park, Minnesota that the City enter into joint powers agreement with St. Louis Park providing that St. Louis Park may issue revenue bonds on behalf of the City to finance the project described below; and WHEREAS, the obligated group will consist of HealthSystem Minnesota The Healthcare Network, Methodist Hospital, Park Nicollet Medical Center and PNMC Holdings; and WHEREAS, the project consists of the financing of the construction, acquisition and equipping of an approximately 20,000 square foot medical clinic facility located in the City of Shakopee, Minnesota to be owned and operated by the Clinic. WHEREAS, the aggregated principal amount of the revenue bonds will not exceed $235,000,000 and the principal amount of bonds to be issued on behalf of the City to finance the above-described project is approximately $4,500,000. NOW, THEREFORE, be it resolved by the City Council of the City of Shakopee as follows: 1. The City hereby approves and authorizes the issuance of revenue bonds by the City of St. Louis Park, in the name of the City of St. Louis Park, pursuant to a joint powers agreement substantially in the form set forth as Exhibit A to this resolution. 2. The joint powers agreement is hereby approved inndsubstantially the form f the set Ciry forth in Exhibit A hereto and the are hereby authorized to execute and deliver, and the City Clerk is hereby authorized to seal and attest, the joint powers agreement with such changes as the officers executing such joint powers agreement deem appropriate as evidenced by their execution thereof. 34122008906 7(29/93 3. This resolution shall become effective immediately upon its adoption without further action or publication. 34122008906 7/29/93 2 Exhibit A to Resolution No. — JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 TO FINANCE PROJECTS ON BEHALF OF HEALTHSYSTEM MINNESOTA THE HEALTHCARE NETWORK, METHODIST HOSPITAL, PARK NICOLLET MEDICAL CENTER AND PNIMIC HOLDINGS This JOINT POWERS AGREEMENT is entered into as of the — day of August, 1993 between the City of St. Louis Park, Minnesota ("St. Louis Park"), and the City of Shakopee, Minnesota ("Shakopee"). St. Louis Park and Shakopee are hereinafter together referred to as the "Cities." 1. Statement of Purpose and Powers to be Exercised. 1.1 Under Minnesota Statutes, Section 469.152 through 469.165 (the "Act"), each of the Cities is authorized to (i) issue its revenue bonds to finance properties, real or personal, whether or not now in existence, used or useful in connection with a revenue producing enterprise, including revenue producing enterprises whether or not operated for profit, engaged in providing health care services, and (ii) enter into and perform contracts and agreements with other cities concerning planning, purchase, acquisition and financing of a project and whereby one city issues its revenue bonds in behalf of one or more other cities. 1.2 The Act recites that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration and that the welfare of the State of Minnesota requires adequate health care facilities so that adequate health care services are available to residents of the State of Minnesota at reasonable cost. 1.3 HealthSystem Minnesota The Healthcare Network, a Minnesota nonprofit corporation; Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Medical Center, a Minnesota nonprofit business trust, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the "Borrower"), has proposed that the Cities enter into a joint powers agreement under Minnesota Statutes, Section 471.59 and the Act, pursuant to which St. Louis Park, acting for and on behalf of itself and Shakopee will issue one or more series of revenue bonds in an amount not in excess of$235,000,000 (the "Revenue Bonds") and loan the proceeds thereof to the Borrowers to finance the costs of the Projects shown on 341/22008906 7/29193 Schedule I attached hereto, of which an amount of approximately $4,500,000 will be loaned to the Borrower in connection with the portion of the Project located in Shakopee as described in Schedule I. 1.4 The undertaking of the proposed Projects and the issuance of the Revenue Bonds to finance the cost thereof will promote the public purposes and legislative objectives of the Act by providing substantial inducement for the Borrower to acquire and construct the Projects, and each of the Projects constitute a "project" within the meaning of the Act. By the execution of this Agreement, Shakopee approves the financing of the Project to be located within Shakopee. 2. Manner of Exercising Power. Shakopee has adopted a resolution authorizing the joint issuance of the Revenue Bonds in an aggregate principal amount not in excess of $235,000,000 of which approximately $4,500,000 will be issued on behalf of Shakopee. St. Louis Park shall exercise the powers of the Act on behalf of itself and Shakopee by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue and sell the Revenue Bonds and such other resolutions, documents and agreements as shall be necessary or required in connection with the issuance of the Revenue Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Revenue Bonds are issued and/or secured. 3. Source and Contribution of Funds; Allocation of Funds. The source of funds for the Projects shall be the proceeds of the Revenue Bonds and, if necessary, a contribution to be made by the Borrower. The funds shall be deposited and applied as provided in an Indenture of Trust between St. Louis Park and as trustee, and the Loan Agreement between St. Louis Park and the Borrower. 4. Nature of Revenue Bonds. The Revenue Bonds shall be special, limited obligations of St. Louis Park, payable solely from proceeds, revenues and other amounts pledged thereto and more fully described in the Indenture. The Revenue Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith or loan of credit of St. Louis Park or Shakopee, within the meaning of any charter, Constitutional or statutory provisions. 5. Term of Agreement; Termination. Unless otherwise provided by concurrent action of the Cities, this Agreement shall terminate upon the retirement of the last outstanding Revenue Bond, and this Agreement may not be terminated in advance of such retirement. 6. Amendments. This Agreement may be amended by the Cities at any time by a writing signed by each. No amendment may impair the rights of the holders of the Revenue Bonds, unless the Trustee shall have consented to such amendment in the manner provided for an amendment of the Indenture. 341/22008906 729/93 2 IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF ST. LOUIS PARK, MINNESOTA By Its Mayor And Its City Manager ATTEST: By Its City Clerk CITY OF SHAKOPEE, MINNESOTA By Its And Its ATTEST: By Its 341/22008906 7/29/93 3 SCHEDULE I PROJECTS The Project consists of: (a) advance or currently refund all or a portion of the outstanding principal amount of the City's $27,070,000 principal amount Hospital Facilities Revenue Bonds (Methodist Hospital Project), Series 1990-A issued by the City on November 15, 1990 (the "Series 1990-A Hospital Bonds"), (ii) the City's $66,170,000 original principal amount Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-C issued by the City on November 15, 1990 (the "Series 1990-C Hospital Bonds"), (iii) the City's $19,440,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1990-A, issued by the City on October 30, 1990 (the "Series 1990-A Clinic Bonds"), (iv) the City's $9,735,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1991-A, issued by the City on July 2, 1991 (theSeries 1991-A Clinic Bonds"), and (v) City of Burnsville, Minnesota $9,865,000 original principal amount Health Care Facilities Revenue Bonds (Park Nicollet Medical Center Project), Series 1992-A, issued by the City of Burnsville on June 2, 1992 (the "Series 1992-A Clinic Bonds"); and (b) refinancing of all or a portion of the currently outstanding principal amount of (i) a $6,518,000 existing mortgage loan, the proceeds of which were used to finance or refinance the acquisition, construction and equipping of the approximately 221,000 square foot, seven story medical office building and clinic facility located at 5000 West 39th Street in the City, currently owned by Holdings and operated by the Clinic, (ii) a $819,000 existing mortgage loan, the proceeds of which were used to finance the acquisition and equipping of a 8,200 square foot, one story medical office building and clinic facility located at 7800 Eden Prairie Road in Eden Prairie, Minnesota, currently owned and operated by the Clinic, and (iii) a $2,574,000 existing mortgage loan, the proceeds of which were used to finance the acquisition and equipping of a 43,000 square foot, two story medical office building and clinic facility located at 2001 Blaisdell Avenue South in Minneapolis, Minnesota, currently owned and operated by the Clinic; and (c) the acquisition, construction and equipping of a 50,000 square foot, four story medical office building and clinic facility to be located at across 39th Street from the Clinic's main facility at 5000 West 39th Street in the City and a 55,000 square foot, two story medical office building and clinic facility to be located adjacent to the Clinic's main facility at 5000 West 39th Street in the City, both of which facilities are to be initially owned by Holdings and operated by the Clinic; and 341/22008906 729193 (d) the improvement, renovation and equipping of the Clinic's existing facility located at 5000 West 39th Street in the City, which facility is currently owned by Holdings and operated by the Clinic; and (e) the improvement, renovation and equipping of the existing hospital facilities owned and operated by the Hospital located at 6500 Excelsior Boulevard in the City; and (f) the construction, acquisition and equipping of an approximately 20,000 square foot medical clinic facility located in the City of Shakopee, Minnesota to be owned and operated by the Clinic. The proceeds of the Series 1990A Hospital Bonds were loaned to the Hospital and used to refund $28,000,000 of the $30,070,000 then outstanding principal amount of the City's Hospital Facilities Revenue Bonds (Methodist Hospital Project) Series 1985A (the "Series 1985-A Hospital Bonds"). The proceeds of the Series 1985-A Hospital Bonds and the Series 1990-C Hospital Bonds were used to finance the acquisition, improvement, renovation and equipping of the hospital facilities owned and operated by the Hospital and located at 6500 Excelsior Boulevard in the City. The proceeds of the Series 1990-A Clinic Bonds were loaned to the Clinic and used to finance (i) health/safety code compliance improvements to the approximately 173,000 square foot, seven story clinic facility located at 5000 West 39th Street in the City then leased by the Clinic from the owner, Park Nicollet Medical Foundation, (ii) work and code compliance, remodeling and the acquisition and installation of CT/MRI equipment and other equipment at the Imaging Center located at 4959 Excelsior Boulevard in the City and leased and operated by the Clinic, (iii) the acquisition, construction and equipping of a 38,000 square foot medical center and medical retailing facility owned and operated by the Clinic and located at 5320 Hyland Greens Drive in Bloomington, Minnesota, and (iv) the acquisition, constructing and equipping of a 20,000 square foot medical center and medical retailing facility owned and operated by the Clinic at 1885 Plaza Drive in Eagan, Minnesota. The proceeds of the Series 1991-A Clinic Bonds were loaned to the Clinic and used to finance a 45,000 square foot, three story medical center, pharmacy and medical retailing facility and a 231 parking space single level parking deck located at 15111 12 Oaks Center Drive in the City of Minnetonka, Minnesota, which facility is owned and operated by the Clinic. The proceeds of the Series 1992-A Clinic Bonds issued by the City of Burnsville were loaned to the Clinic and used to finance the acquisition, construction and equipping of a 55,000 square foot addition to the 42,000 square foot medical office and clinic facility located at 14000 Fairview Drive in the City of Burnsville, which facility is owned and operated by 34122008906 729/93 2 the Clinic, and to refund the City of Burnsville Industrial Development Revenue Bonds (Nicollet Clinic Properties Project) Series 1982, the proceeds of which were used to finance such facility. 341/22008906 7/29/93 3 C 0 X1 C.)(7 61 I ) 24-) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk ' RE: Res . No. 3846 , Apportioning' Special Assessments for Parcel #27-148004-0 DATE: August 6, 1993 • INTRODUCTION & BACKGROUND: Parcel #27-148004-0 has been subdivided into two parcels as a result of the sale of . 23 acres of a 21 . 60 acre parcel to Minnegasco. It is appropriate that the existing special assessments be apportioned against the two new parcels. The property owners have been advised of the proposed apportionment . RECOMMENDED ACTION: Offer Resolution No. 3846 , A Resolution Apportioning Special Assessments For Parcel #27-148004-0 (Tract D of RLS-134) , and move its adoption. JSC/tiv 3 RESOLUTION NO. 3846 A RESOLUTION APPORTIONING SPECIAL ASSESSMENTS FOR PARCEL 27-148004-0 (TRACT D OF RLS-134) WHEREAS, on October 1, 1985 , Resolution No. 2451 adopted by the City Council levied assessments against properties benefitted by the construction of Valley Park Drive and 12th Avenue (Project No. 1984-5) ; and WHEREAS, Parcel D of RLS-134 has been subdivided into two new parcels; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against these two new parcels; and WHEREAS, the property owners have been advised of the proposed apportionment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the 1993 payable remaining balance of assessments for the 1984-5 Valley Park Drive and 12TH Avenue Improvements for parcel 27-148004-0 is $43 , 507 . 77 and is hereby apportioned as outlined in exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution No. 2451 shall continue in effect. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of August, 1993 . Mayor ATTEST: City Clerk City Attorney Approved as to form EXHIBIT A Assessment Reapportionment P.I.D. NO. PROPERTY OWNER LEGAL DESCRIPTION ASSESSMENT 27-148004-0 Valley Green Industrial Park Tract D Ex. S. 100' $43,044.49 5276 Valley Industrial Blvd. of E. 100' Shakopee, Mn. 55379 RLS #134 27-148004-1 Arkla, Inc. S. 100' of E. 100' $463.28 201 So. 7th Street Tract D Minneapolis, Mn. 55402 RLS #134 TOTAL = $43,507.77 COi"JSEf\IT gab MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk � Z RE: Res . No. 3847, ApportioningvSpecial Assessments for Valley Park 11th Addition DATE: August 6, 1993 INTRODUCTION & BACKGROUND: The final plat of Valley Park 11th Addition has been recorded with the County Recorder and it is now appropriate to apportion the a existing special assessments against the new parcels . The apportionment contained in Resolution No. 3847 is the apportionment agreed to by the Developer and outlined in the Developer' s Agreement . RECOMMENDED ACTION: Offer Resolution No. 3847, A Resolution Apportioning Special Assessments Among New Parcels Created As A Result Of The Platting of Valley Park 11th Addition, and move its adoption. JSC/tiv I RESOLUTION NO. 3847 A RESOLUTION APPORTIONING CREATED AS A RESULT OF THE PLATTING OF VALLEY PARK 11TH ADDITION WHEREAS, on October 1, 1985 , Resolution No. 2451 adopted by the City Council levied assessments against properties benefitted by the construction of Valley Park Drive and 12th Avenue (Project No. 1984-5) ; and WHEREAS, Outlots A and B of Valley Park 10th Addition have been subdivided into the plat of Valley Park 11th Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against the parcels created because of the platting of Valley Park 11th Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Valley Park 11th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the 1993 payable remaining balance of assessments for the 1984-5 Valley Park Drive and 12TH Avenue Improvements for parcels 27-157003-0 and 27-157004-0 is $59 , 080 . 72 and $13 , 800 . 98 , respectively, and they are hereby apportioned as outlined in exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution No. 2451 shall continue in effect. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of August, 1993 . Mayor ATTEST: City Clerk City Attorney Approved as to form EXHIBIT "A" Assessment Reapportionment for P.I.D. 's 27-157003-0 and 27-157004-0 al Description Assessment P.I.D. Property Owner Leg i p 27-176001-0 Valley Green Industrial Park Lot 1 Block 1 $26,885.88 5276 Valley Industrial Blvd. Valley Park 11th Addition Shakopee, Mn. 55379 27-176002-0 Valley Green Industrial Park Lot 1 Block 2 $32,194.84 5276 Valley Industrial Blvd. Valley Park 11th Addition Shakopee, Mn. 55379 27-176003-0 Valley Green Industrial Park Lot 2 Block 2 $13,800.98 5276 Valley Industrial Blvd. Valley Park 11th Addition Shakopee, Mn. 55379 aaaa COSE1\1T , z � MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Alley in Block 48 DATE: August 11, 1993 INTRODUCTION: Attached is Resolution No. 3848, which orders a feasibility report prepared on improvements to the alley in Block 48 of the Original Plat of Shakopee. BACKGROUND: On July 2, 1991 the City Council discussed a drainage problem associated with the alley in Block 48 of the Original Plat of Shakopee. Block 48 is bounded by Holmes and Fuller Streets and 3rd and 4th Avenues. The alley is currently paved but the pavement is fairly deteriorated. This particular alley does not have adequate drainage. The ends of the alley are higher than the middle, resulting in water being trapped in the ally. The situation was made worse due to the construction of the Kohlrusch-Abstract building, which blocked the overland drainage out of the low point in the alley. The roof of this building is also pitched toward the alley, resulting in increased runoff towards the alley. On July 2, 1991 the City Council directed staff to contact the owner of the Kohlrusch building to make the necessary improvements to eliminate the trapped water. The concept was to cut a channel through the Kohlrusch parking lot into a concrete drainage swale alongside the building to allow the water to get to 3rd Avenue. The Council indicated that if the property owner did not take any action, this item should be brought back to Council to review. Staff has been unable to get the property owner to make any improvements to the adjoining parking lot voluntarily. Because the alley does not have a positive outlet for drainage, staff feels that the alley should be reconstructed to provide positive drainage out to the streets or install a storm sewer to pick up the low spot. Due to the deteriorated pavement condition, this alley is a candidate for reconstruction. Staff would like the City Council to authorize the preparation of a feasibility report to consider the improvements for this alley. ALTERNATIVES: 1. Adopt Resolution No. 3848, which orders a feasibility report prepared. 2. Deny Resolution No. 3848. RECOMMENDATION: Staff recommends Alternative No. 1. The feasibility report will address alternative cost estimates and funding sources. ACTION REQUESTED: Offer Resolution No. 3848, A Resolution Ordering the Preparation of a Report on an Improvement to the Alley in Block 48 (Original Plat) and move its adoption. DEH/pmp MEM3848 RESOLUTION NO. 3848 A Resolution Ordering The Preparation Of A Report On An Improvement To The Alley in Block 48 (Original Plat) WHEREAS, it is proposed to improve the alley in Block 48 (Original Plat) by pavement recontruction and storm sewer 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 for study and that he is instructed to report to the to whether council with all convenient speed advising he Council in a preliminary to whether it should best be madesas proposed the proposed improvement is feasible and as 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 CO1\JSE \1T MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shakopee Bypass/Upper Valley Drainage Project No. 1993-3 DATE: August 12, 1993 INTRODUCTION: Attached is Resolution No. 3840, which accepts the bids and awards the contract for the Upper Valley Drainage/Shakopee Bypass Project No. 1993-3 BACKGROUND: On June 15, 1993, the City Council of Shakopee ordered the advertisement for bids for the Bypass Drainage Project. This project consists of constructing the remainder of the Upper Valley Drainage Project located between County Road 79 and Tahpah Park and also constructing five north-south drainage lines between the Shakopee Bypass and the Upper Valley Drainageway. This project will be jointly funded by Mn/DOT and the City of Shakopee. Mn/DOT is paying approximately 54% of the project and on August 3, 1993 the City Council of Shakopee authorized the execution of an agreement with Mn/DOT to cover the funding on this project. On July 30, 1993, sealed bids were received and publicly opened for this project. A total of ten bids were received and are summarized in the attached resolution. The low bid was submitted by Ryan Contracting, Inc. with a total bid of$2,088,468.00. The Engineering Department has reviewed all bids for completeness and also the qualifications of Ryan Contracting, the low bidder and have determined that they are able to perform the work as described by the plans and specifications. The Engineer's estimate for this project was approximately $2,300,000.00. Staff is also requesting that the City Council authorize a contingency amount equal to 5%of the contract to cover minor change orders or quantity adjustments that may occur on this project. The 5% contingency is equal to $104,423.00. Prior to awarding the bid, the City of Shakopee is required to receive Mn/DOT concurrence on the award. Staff is anticipating that Mn/DOT will submit this concurrence prior to the August 17, 1993 City Council meeting. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3 840 awarding the contract to Ryan Contracting. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to Ryan Contracting, Inc. for a total amount of $2,088,468.00. ACTION REQUESTED: 1. Offer Resolution No. 3840, A Resolution Accepting Bids on the Upper Valley Drainage Project, Phase II and the Shakopee Bypass Drainage Facilities, Project No. 1993-3 and move its adoption. 2. Approve of a contingency in the amount of 5% of the contract for use by the City Engineer in authorizing change orders and quantity adjustments on this project. DEH/pmp MEM3840 RESOLUTION NO. 3840 A Resolution Accepting Bids On The Upper Valley Drainage Project, Phase II And The Shakopee Bypass Drainage Facilities Project No. 1993-3 WHEREAS, pursuant to an advertisement for bids for the T.H. 101 Bypass Drainage Facilities and Upper Valley Drainageway, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Ryan Contracting, Burnsville $2,088,468.00 S.M. Hentges, Shakopee $2,144,812.50 Richard Knutson, Savage $2,259,705.40 Park Construction, Minneapolis $2,334,059.00 Barbarosa & Sons, Osseo $2,351,084.00 Kenko, Inc., Blaine $2,395,540.92 Brown & Cris, Lakeville $2,530,856.40 Carl Bolander, St. Paul $2,693,203.00 Arcon, Mora $2,784,760.98 C.S. Mcrossan, Maple Grove $2,905,025.00 AND WHEREAS, it appears that Ryan Contracting, Inc., 1534 East Cliff Road, Burnsville, MN, 55337 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 Ryan Contracting, Inc., in the name of the City of Shakopee for the improvement of T.H. 101 Bypass Drainage Facilities and Upper Valley Drainageway 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. 3. Because a portion of this project will be funded by Mn/DOT under a Cooperative Construction Agreement, the award of bids to Ryan Contracting, Inc. is DOT and the City of Shakopee andtcontnt on the ngent on execution of the Agreement between Mn receiving the final approval of the construction plans by Mn/DOT officials. 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 1 , O1\ISENT TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant RE: 1993 Budget Amendment Resolution No. 3851 DATE: August 12 , 1993 Introduction Due to the transfer of the MIS department to Planning we must transfer the corresponding budget for 1993 . Thus an amendment for the 1993 budget is warranted. Background Attached is a resolution that amends the 1993 budget to provide for the transfer of departments. Alternatives i. Approve resolution as presented and make "transfer" . 2 . Amend resolution and approve and make "transfer" . 3 . Do not approve resolution and do not "transfer" . Action 1. Offer Resolution No. 3851 A Resolution amending Resolution No. 3720 Adopting the 1993 Budget and move its adoption. RESOLUTION 3851 A RESOLUTION AMENDING RESOLUTION 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount General Administration Personal Services (53,200.) General Planning Personal Services 53,200. General Administration Supplies & Services (6,900. ) General Planning Supplies & Services 6,900. 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 A- 1' b. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: University of Minnesota Internship DATE: August 16, 1993 INTRODUCTION: A contract with the University of Minnesota needs to be approved by the City Council in order to hire the recommended intern candidate for the Planning Department for the academic year 1993 to 1994. BACKGROUND: For the past several years the Center for Urban and Regional Affairs (CURA) at the University of Minnesota has sponsored an internship program for graduate planning students. This internship program involves the placement of students in local planning offices in the Twin Cities metropolitan area. Sponsoring communities have been selected on a competitive basis. Approximately 2/3 of the cost of the student's ary is 1 3 of theredsby tel CURA. The local government covers approximately / The internship program for the academic year 1993 to 1994 will cost local governments approximately $3 , 800. The intern will work at 50% time for the academic year starting September 16, 1993 and ending June 15, 1994 . Attached is a copy of the letter to the City of Shakopee from CURA awarding the internship. DISCUSSION: Over the past several months Planning staff has interviewed potential internship candidates. A candidate has been selected and has indicated acceptance for the internship. Final confirmation of the internship position is contingent upon the completion of a contract with the University of Minnesota. Attached is a copy of the contract for the internship program. The contract submitted by the University of Minnesota to the City for review is consistent with their hiring policies. There are two payments to be made by the City to the University of Minnesota to cover the City's share. The first is due on December 31st of this year. The second would be due on March 31, 1994 . The University of Minnesota internship is a budgeted item in the 1993 budget. Adequate funds have been budgeted to cover the first payment of $1, 902 . 33 . The preliminary 1994 budget as presented to the Committee of the Whole in June also includes adequate funds for the internship in 1994 . STAFF RECOMMENDATION: zed Staff rmthe contracth with the University te City official Minnesotatforl to executeutethe Planning Department internship. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the contract with the University of Minnesota for the Planning internship for the 1993 - 1994 academic year. • UNIVERSITY OF MINNESOTA Twin Cities Campus Center for Urban and Regional Affairs 330 Hubert H.Humphrey Center 301 19rh A�•enue Sourh Minneapolis,MN 55455 612-625-1551 Fax:612-626-0273 June 10, 1993 Lindberg S. Ekola City Planner City of Shakopee 129 Holmes St. S. Shakopee, 1,2 55379-1351 Dear Mr. Ekola: I am happy to report that we will be able to support your proposed project for our internship program involving the place- ment of University of Minnesota graduate students in local government planning offices. We are now beginning to identify the pool of students who will be eligible for this program when it begins in the fall and we will keep you apprised of our progress. The students will be on the CURA payroll and we will bill you for the one-third cost at a later date. In the meantime a con- tract will be required and we will send you a sample copy soon. If you have any questions , please feel free to call me, Ed Drury, or Barbara Lukermann. Sincerely, 4P T- Thomas M. Scott Director, CURA and Professor, Political Science TS/ld cc: Shirley Bennett Contract Between City of Shakopee and the Center for Urbanand Regional Affairs (CUBA) , University of Xinnesota Description of Project: The Center for Urban and Regional Affairs agrees to provide a graduate student from the Masters in Planning Program of the Hubert H. Humphrey Institute ofall , winter, of Public f University andsringquarters f Minnesota,o . . to the City of Shakopee the 1993-94 academic year. The graduate student will work as an intern for the City of Shakopee to assist the Planning development staffview process.developing a series of improvements in the Payment to the Student: • The student will be appointed as a research assistant at 50 percent time for the period September 16 , 1993 - June 15, 1994 . The salary will be paid to the student in equal amounts on a semi- monthly basis in the amount of $459 . 50. The checks will be picked up by the student at the CURA office at 330 H H Center. The student will be eligible for resident tuition rates d for a percent tuition waiver each quarter of the appointment. to be given for holiday tine off with pay (4 hours per holiday) the following University of Minnesotaember a holidays :December Slow1993s 25 , and November 26 , December 23 , January 17 , March 25 , May 30 , 1994 . Project Director: Edward J. Drury, research fellow, has been designated as the director of this project. He is responsible for any changes in the terms, conditions , or amounts specified herein. His phone number is 625-1551. University Administrator: Susan Stensland, Office of Research Technology and Transfer, . has been designated to act as the contract administrative administrator. m n m.ata to . Sheds responsible for financial ^and 25 3515 . contract. Her phone number Exclusions: 1 . There are no indirect costs for this grant. 2 . If the student should discontinue paid bywork thewith City willfbe or any unexpended reasons, any returned to the City. . Contract -- City of Shakopee 1993-94 page 2 Budget: Shakopee CURA 2757 .00 5514 .00 Salary � Fringe Benefits @ 38% 1047. 66 2095. 32 Total ..xp i enses $3804 .66 $7609 . 32 Payment Schedule: The City, of Shakopee agrees to make payments 2to the Uy iversity ty of Minnesota on the following schedule: $1s902.33 31 , 1993 ; the second payment of $1902 . 33 is due byMarch 31 , 1994. All payments should be sent to the Office of Resea*e and mon Ave. Technology Transfer, University of Minnesota, 1100 Washington Ave. S. , Suite 201, Minneapolis, MN 55415 . The University r will contact the City i3on ofthe end of the any unexpended fundsCt period for instructions on dispost Requirements for CURA: CURA agrees to monitor the graduate student's registration in the University of Minnesota Graduate School. by by City of Shakopee Edward J. Drury Center for Urban and Regional Affairs, U of M date: date: Office of Research and Technology Transfer, U of M date: # 13C . MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director pG SUBJECT: 1993 Street Reconstruction Project 4th Avenue Watermain DATE: August 17, 1993 A recent decision by Shakopee Public Utilities Commission (SPUC) will result in substantial delays in the completion of the above referenced project. Basically, SPUC has decided to lower the proposed new watermain to a depth of 7 1/2 feet. This decision means that the contractor will need to excavate bedrock to install the new watermain. Because of the presence of many other utilities in this street, including gas lines and fiber optics phone lines, blasting the bedrock is not possible so the contractor will need to use a backhoe to excavate the rock. This is an extremely slow process, as evidenced by the State's contractor on 1st Avenue for the Minibypass. It would not be unlikely for this work on 4th Avenue to take over one month to complete, as opposed to one week if installed to the depth shown on the plans. Basically, the extent of the problem is as follows: The entire length of watermain on the 4th Avenue Project is 2,200 feet. All but 800 feet of the new watermain meets the 7 1/2 foot depth requirement of SPUC. Of this 800 feet, about 400 feet of it is at least 7 feet deep, leaving an area of about 400 feet with less than 7 feet of cover over the new watermain. The current decision by SPUC is to install all watermain at 7 1/2 feet deep, with no deviations. As contract administrator for this project, I am opposed to this decision because it unnecessarily delays the project (along with increasing the cost to SPUC) for little or no benefit to the watermain system. The existing watermain in the problem area of 4th Avenue is only 6 feet deep and it has not experienced any past problems according to SPUC. The watermain is about 50 years old and would not be getting replaced except for the street and sewer work being done. The new watermain will be constructed with improved materials, better joints, and the addition of insulation was proposed to be installed to prevent any possibility of freezing. If the old watermain never experienced freezing problems, how can the new watermain (installed in the same trench but with improved materials and insulation) be subject to any freezing? In my opinion, there is absolutely no engineering reason to lower the proposed watermain to 7 1/2 feet and this position has been conveyed to SPUC. They continue to stand by the decision to lower the watermain for the only reason that the SPUC design criteria require watermain to be 7 1/2 feet deep. Staff is continuing to try and get SPUC to agree to a minimum depth of 7 feet, but so far this has not happened. Since this decision adversely affects this City project and since there is no authority to appeal this decision to, staff wanted the City Council to be aware of the impacts of this decision on the project and to alert the Council that it is highly likely that this project will not get finished in 1993. This is another example of the difficulties being encountered on construction projects due to the contract administrator not having any authority relative to SPUC decisions regarding watermain issues, even though these decisions affect all other aspects of the project such as street and sewer designs, completion deadlines, cost, etc. Staff feels that the contract administration issue on joint City/SPUC projects needs to be discussed in greater detail and staff will be presenting this back to City Council prior to the 1994 projects being initiated. DEH/pmp WATERMAIN