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12/07/1993
TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 7 , 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of the Minutes of November 16th and 18th, 1993 10] Communications: a] Barb Mahar, request to use space at former city hall building b] Dave Kaufenberg, request from Hockey Association for lights at former ice bubble hockey rink at Lions Park 11] Public Hearings: None 12] Boards and Commissions' Recommendations: Energy and Transportation: a) Refuse Collection Contract - Addendum #2 13] Reports from Staff: -I- a] Application for Tattoo License - memo on table *b] Amending 1993 Budget - Res. No. 3917 *c] Purchase of Unused Holiday Time - Police Department *d) 1994 Workers Compensation Insurance *e] Waiver of Certain Special Assessment Appeal Rights f] Stop Sign Request on 7th and Dakota g] Metropolitan Waste Control Commission/Met Council TENTATIVE AGENDA December 7 , 1993 Page -2- 13] Reports from Staff continued: h] Pierce Street Vacation/Improvements from 3rd to 4th *i] Release of Shiely Drainage Easement j ] 1994-98 State Aid Capital Improvement Program *k) Approve Bills in the Amount of $227, 178 . 61 *1] 1994-96 Public Works Labor Agreement *m] Rahr Forcemain Easement *n] Feasibility Study for P & V Addition o] Employee Group Insurance Proposals p) Insurance Coverage For Open Meeting Defense Costs 14] Resolutions and Ordinances: *a] Resolution No. 3912 - Approving Plat of Westridge Lake Estates First Addition *b] Resolution No. 3906 - Initiating Vacation of A Portion of Alley in Block 30, Shakopee Plat c] Resolution No. 3907 - Ordering Plans and Specifications for Sidewalk on Marschall from 4th to 10th, and on 10th from Tyler to the Mall *d] Resolution No. 3911 - Ordering Report on 11th Avenue Storm Sewer Laterals *e] Resolution No. 3908 - Ordering Report on Improvements to An Unnamed Street Connecting Existing CR-18 with Proposed New CR-18 *f] Resolution No. 3914 - Accepting Work on 2nd Avenue, Project No. 1991-3 *g] Resolution No. 3916 - Accepting Work on Vierling Drive, Project No. 1992-3 *h] Resolution No. 3915 - Premises Permit - Prior Lake Lions Club *i] Resolution No. 3918 - Apportionment of Special Assessments (27-004069-0) 15] Other Business: a] b] c] 16) Recess for executive session to discuss land acquisition 17] Re-convene 18) Adjourn to Wednesday, December 8, 1993 at 7: 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FCR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting December 7, 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of November 3rd & 18th, 1993 Minutes 3 . Park Board - Request to Amend TIF Plan and Project Area 4 . Rehab Grant Program Amendments 5 . Substitute Letter of Credit Request - Jacobs Realty Inc . 6 . Title Insurance for David Rutt 7 . Other Business a) b) 8 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 3 , 1993 Chairman Beard called the meeting to order at 7 : 06 P.M. with Commissioners Vierling, Lynch, Sweeney and Mayor Laurent present. Also present were: Dennis R. Kraft, Executive Director; Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Dave Hutton, Public Works Director. Vierling/Sweeney moved to approve the Minutes of October 5, 1993 . Motion carried unanimously. There being no further business to come before the H.R.A. , Chairman Beard adjourned the meeting. Meeting adjourned at 7 : 07 P.M. Dennis R. Kraft Executive Director Judith S. Cox City Clerk Recording Secretary HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 1993 Acting Chair Lynch called the meeting to order at 5: 00 P.M. with Commissioners Vierling, Sweeney and Lynch present. Commissioners Beard and Laurent were absent. Also present: Barry A. Stock, Acting Executive Director; Gregg Voxland, Finance Director and Dave MacGillivary, Springsted Inc. Vierling/Sweeney moved to approve the special call. Motion carried unanimously. Sweeney/Vierling moved to authorize the appropriate HRA officials to execute the Tax Increment Pledge Agreement for the 1993C $1, 000, 000 GO TIF Refunding Bonds. Motion carried unanimously. Vierling/Sweeney moved to adjourn the meeting at 5: 05 P.M. Motion carried unanimously. Barry A. Stock Acting Executive Director - 3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Park Board - Request to Amend Tax Increment Financing Plan and Project Area DATE: November 23 , 1993 INTRODUCTION: For the past two months the Park and Recreation Advisory Board has been discussing various funding options for park development projects. In order to facilitate the use of tax increment funds for future park improvement projects, the Park and Recreation Advisory Board is recommending that HRA consider amending the Tax Increment Financing Plan and Project Area. BACKGROUND: Tax increment financing is a possible source to fund park improvement projects. However, the existing Tax Increment Financing Plan and Project Area does not provide for funding park improvement projects. The Park and Recreation Advisory Board and City Council have identified a number of projects in the Five Year Capital Improvement Program that cannot proceed without the identification of alternate funding sources. The City's bond counsel has stated that it would be possible to amend the Tax Increment Financing Plan and Project Area to include park improvement projects. The mere inclusion of projects in the Tax Increment Financing Plan does not necessarily mean that they will proceed. The inclusion of the items into the plan simply allows for the potential to fund these projects with tax increment funds. Prior to proceeding with any of the projects, official City Council and Housing and Redevelopment Authority action would be necessary to order said projects. The Park and Recreation Advisory Board is recommending that the HRA authorize the appropriate officials to work with the City's Bond Counsel to draft the necessary amendments to the City's Tax Increment Financing Plan and Project Area in such a fashion to allow for funding park improvement projects. ALTERNATIVES: 1. Authorize the appropriate HRA officials to work with the City's Bond Counsel to develop the necessary Tax Increment Financing Plan amendments to allow for the potential financing of park improvement projects. 2 . Do not amend the Tax Increment Financing Plan to allow for the potential to fund park improvement projects. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Authorize the appropriate HRA officials to work with the City's Bond Counsel to develop the necessary Tax Increment Financing Plan amendments to allow for the potential financing of park improvement projects. MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program Guideline Amendments DATE: November 23 , 1993 INTRODUCTION: The Community Development Commission (CDC) has completed their review of the Rehab Grant Program Guidelines. They are recommending a variety of amendments to the program. BACKGROUND: On May 4 , 1993 the Shakopee HRA approved a 180 day moratorium on the Rehab Grant Program. The purpose of the moratorium was to allow the CDC time to review and recommend revisions to the program guidelines. During the review period the CDC worked closely with Mr. Steve Cross, Architect to complete drawings illustrating potential facade improvements for a variety of block faces in the downtown area. Shown in attachment #1 is a copy of the Downtown Rehab Grant Program Guidelines. Language that is being proposed for deletion has a solid line through it. New language proposed by the CDC for adoption is underlined. Following is a brief summary of several provisions proposed for deletion by the CDC: 1. Deletion of the provision requiring evidence of financing. 2 . Deletion of the repayment provision. 3 . Deletion of the provision requiring grant applicants to post a bond or letter of credit. 4 . Deletion of program language specifying a grant funding cycle. 5. Deletion of the review and ranking criteria. The majority of the provisions proposed for deletion by the CDC are difficult to enforce and somewhat onerous in terms of the burden on both staff and the property owner. Deletion of the aforementioned provisions will stream line the grant process while maintaining the original program objective (to stimulate improvements in the downtown area that are consistent with the overall Downtown Redevelopment Plan) . Following is a brief summary of several of the major additions that the CDC would like to be included in the Rehab Grant Program Guidelines: 1. Replacement of the former City exterior building and design standards (Attachment #2) with new exterior building and design standards modeled after the City of Hastings. (Attachment #3) 2 . The addition of a provision requiring that professionally completed architectural elevation drawings to scale be submitted with each application prior to formal review. 3 . The establishment of two levels of funding. Grant amounts between $1, 000 and $9, 999 equating to 25% grant money ($4 , 000. 00 - $39, 999. 99 project size) and grant amounts between $10, 000 and $25, 000 equating to 33% grant funding ($40, 000. 00 - $100, 000. 00) . Several of the other downtown redevelopment concepts suggested by Mr. Cross are being incorporated into an overall Downtown Redevelopment Plan that is being drafted by the Community Development Commission. Staff is optimistic that these concepts will be submitted to the City Council and HRA for consideration early in 1994 . ALTERNATIVES: 1. Move to approve the Rehab Grant Program Guideline amendments as submitted by the Community Development Commission. 2 . Table action pending further information from staff. 3 . Decide on those amendments that the HRA wishes to adopt and those which the HRA wishes to maintain the status quo and recommend approval accordingly. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to approve the Rehab Grant Program Guideline amendments as submitted by the Community Development Commission. Rehabilitation Grant Program Program Guidelines Program Intent The Rehabilitation Grant Program created by the City of Shakopee and Housing and Redevelopment Authority (HRA) for the Downtown Business District is intended to encourage the preservation and beautification of our downtown buildings by enhancing their original character in order to create a more attractive, inviting downtown shopping environment . The HRA shall annually consider allocations will initially dcdictcd $50, 000 from the HRA reserve fund to match private building owner or merchant financing at a ratio of 25% grant money to 75% owner or merchant financing in grant amounts ranging from $500 . 00 $1, 000 . 00 to $25, 000 . 00 $9, 999 . 00 and 33% grant money to 67% owner or merchant financing in grant amounts ranging from $10 , 000 . 00 to $25, 000 . 00 . The grants will be awarded to approved applicants by the HRA based on a review and recommendation from the Community Development Commission. an prc cctabliahcd ranking and scoring syatcm. _ _ - - utilizing the Commcrcial/Rctail Inccntivc Program. A. Eligible Applicants Any owner or tenant manager (with written consent of the owner) of a downtown commercial building. Shown in exhibit A is a map of the Downtown Central Business District . (B-3 zoning district) B. Eligible Projects 1 . Grants will be awarded under the Program for the rehabilitation of commercial buildings. A commercial building shall be any building the primary ground floor function of which is retail, service or office use . 2 . To be eligible, the building to be rehabilitated : a. Must be located within the B-3 zoning district; b. Must comply, after rehabilitation with the City' s Comprehensive Plan. c . Must comply, after rehabilitation with the City' s exterior building and sign design standards . (Exhibit B) C. Eligible Expenditures and Improvements 1 . Rehabilitation grants shall not include expenditures for the acquisition, installation or repair of furnishings or trade fixtures . 2 . Eligible improvements shall be limited to the following improvements : A. Awnings B . Canopies C. Exterior Painting D. Signage E. Parapet Type Lighting F. Windows when tied to opening previously covered windows or new windows that improve the energy efficiency and architecturally enhance the appearance of the building consistent with the theme of the restoration project . G. Enhancement of historical building features (Cornice work, tuck pointing, brick work) include only those relating to thc exterior portion of a commercial building. (Including repairs to thc building' s All work done must meet City Code . 3 . Grant proceeds shall be used for the rehabilitation of existing buildings and shall not be used for the construction of new facilities . However, construction of reasonable additions to existing buildings which, together with other rehabilitation improvements, will enhance the commercial use of the building shall constitute qualifying rehabilitation expenses . 4 . The rehabilitation of residential units shall not be allowed under the program. 5 . Refinancing of existing debt shall not be allowed under the program. 6 . Construction materials, labor (but not owner, applicant or employee labor) architect or engineer fees, building permit and program application fees are eligible program expenses . 7 . Grants shall not be made for the acquisition of property. D. Grant Requirements and Restrictions 1 . The grant minimum amount shall be $500 . 00 $1, 000 . 00 and the maximum grant amount shall not exceed $25, 000 . 00 . 2 . The grant applicant must providc - - - o thc eligible projcct coot . 4 2 A completed application shall be submitted to the City prior to thc grant deadline review. (The application form is attached as exhibit C. ) A . The applicant must rctain ownership or operation of thc building for five years from thc datc of funds disbursed. If Z a sale occurs before 5 years arc up, the City would have to be rep id by tho owner, or by thc tenant manager through the owncr (if the tenant was thc applicant) on a 20% amortization from the date of grattdi3buracment, thc owncr would bc rc3pon3iblc for paying back 40% of thc grant amount) . and specifications shall bc submitted with the grant application. Completed Professional done Architectural elevation drawings to scale shall be submitted by the (if - - applicant prior to City review. G 4 If an application is approved, the City will notify the applicant so he/she can arrange for loan closing (if applicable) with a financial institution. A copy of closing documents shall be provided to the City. 4 5 . If an application is denied, the City shall state reasons for denial in writing. If funds arc available in the funding cycle, the applicant may resubmit the application with changes . 6 . No more than one grant per year may be awarded per parcel . t-e approved applicants. S- 7 . Grant proceeds will be disbursed to approved applicants when the following has occurred: a. The work has been inspected and approved by the local building official . b. When the applicant has submitted reccipt3 lien waivers verifying that said applicant has paid 75% 100% of the project costs . for the remaining 25% of project coots . he City then pay-3 the contractor, architect or engineer directly for the remaining costa. 4 8 . The building improvements must be consistent with the Downtown Building Design Standards. 10 . Successful grant applicants must post a bond or letter of credit with the City in an amount equal- to the grant Such time thatthe building i3 sold and amortized grant amount 11 . The grant funding cycle will take place on an annual basis 3 21st . day of March to evaluate and rank thc applications for funding. The Shakopee Housing and Redevelopment Authority Shall meet in April to approve and announce thc 3uccc33ful— grant app-licants . If all dedicate+, - . - = - allocatcd, a second funding cycle may be announced. 12 9 . Successful grant applicants must complete their project within 12 months of formal notification of grant award. Projects exceeding the 12 month completion period will forfeit the City' s grant commitment unless an extension is submitted in writing and approved by the HRA. 1310 . Successful grant applications must enter into a grant agreement with the HRA. 11 Grants may be submitted at any time . All grant applications will be reviewed by the CDC and the Shakopee HRA for approval or denial . 12 . Project cost over-runs in excess of the approved grant amount shall be the responsibility of the applicant . E . Crant Rcvicw Criteria and Ranking 1 . Ability of project to improve thc cxtcrior facade of the character of thc building. (Maximum 15 25 points) 2 . Plans f-or se-ctrrin.g 75°s regiaircd point3) 3 2 . Rca3onablcnc33 of the budget for the proposed project . 1 . Dcmon3trated long term commitment to the project . (Maximum 10 points) forth in the Downtown Revitalization Plan and Comprehensive Plan. (Maximum 15 25 point3) - - -- - - _ -- - -- -- _- . - = =_ - -- -_ • t- o ' -- D- - - - -o - - _ 25 point3) ?- -- - -- - - -- - -o - o succc33fully complete the proposed project . (Maximum 10 point3) Total potential point3 arc 100 . To receive arecommendation for funding. All applications will be reviewed by a Review Tcam consisting of one member of the Downtown Committee, one member of thc Community Development Commission, one member of thc City Council , one mcmbcr of thc Housing and Redevelopment Authority and one member from staff . The Rcvicw Tcam will meet on the date specified in thc guidelines . City staff will provide a summary sheet for each application to the Review T am. The Review T am Community Development Commission will rank review the proposals and make recommendations regarding funding to the Shakopee Housing and Redevelopment Authority after staff has reviewed the application to ensure that all grant application criteria are met . The review process will take approximately three weeks 30 days . All applicants will be notified in writing of their ranking grant status following final action of the Housing and Redevelopment Authority. CITY OF SHAKOPEE, MINNESOTA DATE REHAB GRANT APPLICATION FEE (1% of grant amount) GENERAL INFORMATION 1 . Applicant (Name) (Address) (Phone #) 2 . Property Owner (Name) (Address) (Phone #) 3 . Site (Address) (Business Name) PROJECT DESCRIPTION 1 . The rehabilitation will include (Check as many as apply) : Clcaning of building Painting of building Work on the facade, such as mortar repair, restoration or replacement of architectural features, etc . Facdc work will includc: Front f ac-adc Roar f ac do Both Work on the cntryway, to includc : Front Entry Roar cntry Both Work on display window3 and/or window di3play arca3 . Windows - when tied to opening previously covered windows . Signage ehangee Awnings installation or renovation Awnings will be : Retractable Stationary Rcinforccmcnt of structural Stability of roof, walls, floor3, or cciling. Plca3c Explain: Parapet Type Lighting Other, Please describe : C 2 . Please indicate the contractor (s) who will be doing the work: Please attach: Copy of specifications, plans e and architectural drawings for the work, including cost quotes for materials, labor, architectural fees, building permits, etc . FINANCIAL INFORMATION 1 . Estimated project cost : $ Amount allocated to interior improvcmcnt3, c .g. structural work on roof, walla, floor, etc . : $ 2 . Grant amount applying for: $ (250/330 of total project cost) 3 . How will the balance of the project cost be paid? Loan My own money Plea3c attach: Copy of letter from lender committing to loan, indicating loan amount, term of loan, and intercjt rate. If an applicant is not pur3uing a loan for hi3/her 75% commitment, plca3c attach documentation verifying the applicant' 3 ability to pay hi3/her 75% share. Appropriate documentation may include evidence of Savings account balance, certificate3 I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program' s Design Guidelines . Signature Date 7 Please have the following statements completed as appropriate . BUILDING OFFICIAL REVIEW I, , City Building Official, have inspected the property mentioned in this application and have found it to be structurally sound. I have reviewed this application and believe that the building' s structural stability warrant the investment proposed in this application. Signature Date BUILDING OWNER CONSENT (If owner is not applicant) I, , Owner of the property mentioned in this application, have reviewed the proposed project with the Applicant and consent to have the work done as proposed. Signature Date g City Council Adopted 9/1/87 ATTACHMENT fZ DOWNTOWN DESIGN STANDARDS (B-3 District) A. General Standards 1 . Original building elements and materials should be repaired as necessary and retained, rather than being removed or covered. In e new ereplacement is necessary, material should match the material being replaced in composition, design, , color, texture and other visual qualities. 2 . The removal or alteration of building elements or architectural details should be minimized. 3 . Rehabilitation work should correct any code violations on the facade. In addition, if existing non-facade code violations can be corrected only with increased difficulty and expense because of the facade work, then the necessary improvements should be included as part of the exterior rehabilitation project. 4. Rehabilitation should be encouraged which maintains an appearance consistent with the actual character of the building and that exhibits quality of design, materials , and features. 5 . Alterations to the original facade -- where desirable -- should be done in a manner such that, if the alteration were removed in the future, the essential form and integrity of the original building would not be impaired. 6 . . Buildings which are part of a series -- or • group of similar buildings -- should demonstrate continuity of design. 7 . Signs, materials and other existing features which do not meet these design standards should be removed. 8 . Contemporary design for facade renovation may be acceptable if such design is co;:pati ble with the size, scale, color, materials and character of the building and its surroundings . The imitation of historic styles not compatible with the actual character of a building is strongly discouraged. • R. Building Elements (storefronts, windows, doors and openings, upper facade and windows, cornices and building caps, sides and rears . ) 1 . The size and shape of original doors and windows should not be altered. Recessed window glazing and door wells should be maintained. 2 . Clear distinctions between first floors and upper floors should be maintained. 3 . Cornices, parapets and related elements which make up the top of the facade should be repaired as necessary and retained. 4 . Where energy conservation in buildings with large window areas is a concern, preferred solutions are insulating glass, internal shutters, and solid opaque panels mounted inside the windows. If the complete closing of a glazed bay is reasonable, the use of a deeply recessed panel which maintains the bay outlines is the desirable solution. 5. The horizontal and vertical alignments of window frames and the patterns created by upper story windows should be maintained. 6 . Sides and rears of buildings which have prominent views from public streets should be rehabilitated at the time that the front facade is improved. 7 . Previously boarded or bricked up windows and doors should be re-ported whenever possible . C. Rehabilitation Elements (repairs, materials, painting) 1 . Repair and cleaning of existing surfaces and materials-- particularly those characterized by fine detail-- is strongly preferred to adding new surfaces and obscuring original materials and surfaces . 2 . The sides and rears of buildings should incorporate-- where possible-- the same primary materials and similar colors and details used on the front facade . 3 . Brick surfaces should be cleaned by the most _entle method possible (e.g. cleaning with a mild detergent; sandblasting should not be undertaken) . Painting previously unpainted brick surfaces is strongly discouraged. Z • B . Building Elements ( storefronts, windows, doors and openings, upper facade and windows, cornices and building caps, sides and rears . ) 1 . The size and shape of original doors and windows should not be altered. Recessed window glazing and door wells should be maintained. 2 . Clear distinctions between first floors and upper floors should be maintained. 3 . Cornices, parapets and related elements which make up the top of the facade should be repaired as necessary and retained. 4 . Where energy conservation in buildings with large window areas is a concern, preferred solutions are insulating glass, internal shutters, and solid opaque panels mounted inside the windows . If the complete closing of a glazed bay is reasonable, the use of a - deeply recessed panel which maintains the bay outlines is the desirable solution. 5 . The horizontal and vertical alignments of window frames and the patterns created by upper. story windows should be maintained. 6 . Sides and rears of • buildings which have prominent views from public streets should be rehabilitated at the time that the front facade is improved. 7 . Previously boarded or bricked up windows and doors should be • re-ported whenever possible . C. Rehabilitation Elements (repairs, materials, painting) 1 . Repair and cleaning of existing surfaces and materials-- particularly those characterized by fine detail-- is strongly preferred to • adding new surfaces and obscuring original materials and surfaces. 2 . The sides and rears of buildings should incorporate-- where possible-- the same primary materials and similar colors and details used on the front facade. 3 . Brick surfaces should be cleaned by the most Gentle method possible (e.g. cleaning with a mild detergent; sandblasting should not be undertaken) . Painting previously unpainted brick surfaces is strongly discouraged. Z • • 4 . Materials which are normally painted, or where paint has been applied in the past, should primarily utilize "earth tones" ( i. e. browns and beiges, golds, green-browns, grey- greens) , used to highlight trim and other accent features . 5 . In cases in which facades have been wholly or partially resurfaced with wood, glass veneer, stucco, or other materials, strong encouragement is given to removing these materials and repairing the original surface. D. Building Appurtenances (signs, canopies, and awnings, mechanical equipment) 1 . Signs should be subordinate to buildings, in terms of size and design. Signs should fit within the existing facade. Preferred locations are the "sign panel" ( first floor area above windows and doors) , on windows, and on the edge of canopies. 2. Signs should identify the business only, rather than any particular product or band. 3 . TV antennas, air conditioners, stacks, vents, solar panels, and other mechanical equipment should be placed in as inconspicuous a location as possible. 4 . Where heavy clusters of mechanical, heating and/or air conditioning equipment must be placed on the roof , attractive screening should be used. 5 . Unused appurtenances and miscellaneous elements (e.g. empty electrical conduits and unused sign brackets) should be removed. 6 . The use of awnings to unify groups of buildings is encouraged. This should be accomplished through the use of uniform materials, height and width. 7 . Fabric canopies and awnings which conform with the design guidelines and standards are acceptable. Permanent metal awnings , mansard-shaped awnings and canopies, and flat canopies should be avoided. 8 . Signs, canopies and awnings , and mechanical equipment should not obscure building features . 3 RESOLUTION NO. 2784 A RESOLUTION ADOPTING DOWNTOWN DESIGN STANDARDS FOR REHABILITATION OF EXISTING BUILDINGS IN THE DOWNTOWN AREA WITH THE HELP OF INCENTIVE PROGRAMS WHEREAS, it is the intent of the Shakopee City Council to offer incentive programs to property owners in the downtown area (B-3 ) to encourage the improvement or renovation of building exteriors; and WHEREAS, the Downtown Committee has developed a set of design standards that will promote a respect for original quality of building design, protection of property values of adjacent buildings, and improvement of Shakopee ' s downtown image and potential physical attractiveness; and WHEREAS, in adopting a set of design standards, it is with the understanding that the application of the standards should be flexible, realizing that a standard which doesnot reasonably address or "fit" a particular building style should not be considered binding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Downtown Design Standards , outlined in Attachment T1, attached hereto and made a part hereof, are hereby adopted with the explicit purpose of incorporating them into all of the City incentive programs that may be used for the rehabilitation of buildings in the downtown area. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of September, 1987 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1987 . City Attorney RESOLUTION NO. 2784 A RESOLUTION ADOPTING DOWNTOWN DESIGN STANDARDS FOR REHABILITATION OF EXISTING BUILDINGS IN THE DOWNTOWN AREA WITH THE HELP OF INCENTIVE PROGRAMS WHEREAS, it is the intent of the Shakopee City Council to offer incentive programs to property owners in the downtown area (B-3 ) to encourage the improvement or renovation of building exteriors; and WHEREAS, the Downtown Committee has developed a set of design standards that will promote a respect for original quality of building design, protection of property values of adjacent buildings, and improvement of Shakopee ' s downtown image and potential physical attractiveness; and WHEREAS, in adopting a set of design standards, it is with the understanding that the application of the standards should be flexible, realizing that a standard which does not reasonably address or "fit" a particular building style should not be considered binding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA . that the Downtown Design Standards , outlined in Attachment ';1, attached hereto and made a part hereof, are hereby adopted with the explicit purpose of incorporating them into all of the City incentive programs that may be used for the rehabilitation of buildings in the downtown area. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of September, 1987 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1987 . City Attorney ATTACHMENT #3 HOUSING AND REDEVELOPMENT AUTHORITY CITY OF SHAKOPEE DESIGN GUIDELINES FOR THE DOWNTOWN REDEVELOPMENT AREA I. BASIC PRINCIPLES The purpose of design guidelines for the downtown area is to protect and enhance the historic character of that neighborhood. The basic principle, in respect to existing buildings, is to preserve and enhance their original design, material and architectural detail, specifically the exterior, and if practicable, the interior. The basic principle, in respect to new or infill construction, is to preserve the unity of scale, material, set-back, roof-line and proportion of window/door space to wall space as shown in the original buildings of the Historic District. II. APPLICATION OF THE GUIDELINES A. The guidelines apply to all buildings within the B-3 Zoning District utilizing the Rehab Grant Program. B. The guidelines apply to rehabilitation,remodeling,addition or demolition, changes of exterior appearance, and new or infill construction when the land, the building, or the work receives financial assistant through the Housing and Redevelopment Authority. C. These guidelines are not hard and fast regulations. They are flexible criteria. They assure property owners that design review will be based on clear, public and uniform standards. Consideration will be given to the amount and quality of original material and design remaining in the building. Consideration will also be given to clear cases of economic hardship or to deprivation of reasonable use of the owner's property. III. THE GUIDELINES A. The Preservation and Rehabilitation of Structures and Material. 1. The original features of a building should not be destroyed. The removal, alteration or covering up of original material or design shall be avoided. a. The original material and design can be determined by physical inspection, old photographs, consultation with prior owners and building records. See the Housing and Redevelopment Authority for assistance. b. In some cases alterations have been made with materials or designs which have become irreplaceable or representative of a unique architectural style or period. Such alterations shall be respected. c. Alterations which have totally removed the original material, but not done with irreplaceable materials or representative of a unique style, may be removed, replaced or covered. 2. Deteriorated features should be repaired rather than replaced. Repairs should maintain the design,texture, material and other appearances of the original. 3. Alterations which conceal the original design and materials, or which are not appropriate for the age of the building, should be removed. Siding, signs, canopies, filler panels, framing, etc. of cedar plank or shakes, unpainted aluminum or metal, stucco, concrete block, ceramic tile, plastic, fiberglass and glass block are examples of inappropriate materials on older buildings. 4. Missing materials or features should be replaced if possible. Replacement should be based on evidence from historic, physical or pictorial sources. Only if evidence for the specific building is not available, may replacement be based on similar buildings of the same age. The replacement material or feature should duplicate the design, material, texture and appearance of the original to the extent possible. 5. Clean original materials as gently as possible. Sandblasting shall not be used, with the possible exception of on metal. Masonry should be cleaned with low pressure water (under 300 psi) and soft bristle brushes. Heat guns or Strep-Eze should be used on painted wood. Chemical cleaners should be tested on a small patch to determine their effect. Test patches should include areas where deterioration or patching is evident. Hydrozo, Diedrich and Tamms products are recommended by the HRA. 6. Mortar should be repaired only when there is evidence of water standing in joints or a significant amount of mortar is missing. Replacement mortar should match the color, texture, coefficients of expansion and contraction, and ingredient ratio of the original mortar. 2 Portland cement shall not be used for reappointing. Pneumatic hammers should not be used to remove mortar. Original joint size, method of application and profile shall be duplicated. 7. The original or early color and texture of masonry surfaces should be retained. a. Unpainted masonry should not be painted. It should be sealed with a water proofing which breathes such as Hydrozo or Thoro-Seal. b. Masonry surfaces may have been painted for maintenance or appearance. Paint should not be removed if the building was originally painted, or if the removal will damage the surface. c. Most paint traps moisture inside soft bricks. Special masonry paints should be used. d. Cement based paint or tinted slurry may be used to protect deteriorated masonry. e. The roofing, parapet, cornice, coping, scuppers and gutters should always be inspected, cleaned and repaired before painting or other masonry work. 8. Original window and door openings should be retained. a. New windows and doors should not be opened in original materials, particularly on the major or visible sides of the building. b. Original windows and door openings should not be expanded, reduced or infilled. If a window must be closed, a shutter which can be removed is recommended. c. Original windows and doors should be retained. If the original is gone, or must be replaced, the replacement should closely match original pane, size, mullions, sash and frames. Replacement should completely fill the original opening. Double and triple pane windows are recommended for energy conservation. Wood or painted metal are acceptable materials; unpainted metal is not. B. For Design of Restoration or Remodeling 1. In general, it is expected that buildings will be restored to their original or early appearance. 3 a. All building should be recognized as products of their own time. Remodeling should not borrow designs, materials or colors from other eras. b. When complete restoration to original appearance is not possible, or extensive replacement is not necessary, remodeling for compatibility with the character of downtown should be considered. Removal of flat canopies, window infill or siding, painting bare metal, repainting building to reunify appearance, new signs and new awnings are suggested. 2. In general,it is expected that restoration or remodeling will contribute to the visual unity of the building, neighboring buildings, and the neighborhood. a. Restoration or remodeling should not exclude or isolate portions of the building. The entire front, sides and back should be considered as a whole design. b. Contemporary design for replacements, additions, or remodeling should not be discouraged when such designs do not destroy or cover original material, and are compatible with the building and its neighbors in respect to size, scale, color, material or character. 3. The traditional elements of a commercial building should be retained, restored or replaced. a. The decorative cornice should be repaired and maintained, or replaced if necessary. b. Window sills and hoods should be repaired and maintained. c. Decorative patterns of masonry should be repaired and maintained. d. Windows should fill the entire opening. They were usually double hung with two panes per sash. e. The lintel should be uncovered. It may be the best place for sign. f. Transom panes should be uncovered, inside and out. g. If cast iron pillars supported the lintel, they should be replaced. 4 h. Storefronts should have the largest possible windows area in keeping with the original opening. i. The bulkhead should be no more than about two feet high. Original bulkheads were wood panel, not brick. They may be replaced with wood or painted metal to simulate wood panels. j. The entrance should be recessed, without steps. k. The entire storefront should be set back about 6 inches from the front of the building. 1. The door should be commercial in style and typical for the period. It must open in and out. m. Recommended a water tap for cleaning walks, windows, facades. 4. Historic paint colors appropriate for the age of the building should be used. A common approach to color will enhance the appearance of each building and the character of downtown. At the same time, individuality is preserved through the owner's choice of base and trim colors. a. There is a wide range of historically appropriate colors. See the HRA for assistance. In general, there are three era color preference: 1. Built 1860s-1870s: soft tints of brown, gray, green and blur trimmed with white. 2. Built 1870s-1900s: dark browns, grays,reds, olives,yellows and greens, trimmed in darker and lighter shades of same color or complimentary colors. 3. Built 1900s-1920s: light grays,yellows and browns trimmed with complimentary colors, ivory or white. b. Colors should also be selected to harmonize with neighboring buildings. c. Colors should be used to unify the appearance of the building. No more than a base color, a trim color and an optional detail color should be used. All walls of a building should be painted consistently. 5 d. Bare aluminum or metal doors, windows and frames should be painted. An aluminum cleaner, zinc chromate primer and metal paint should be used. 5. Signs should be consistent with the design of the building and the character of the downtown. a. Signs should not cover up the traditional design elements of a building. b. The size of a sign should be proportionate to the building. As a rule, the area of the sign should be no more than 1.25 square feet fir every front foot. Do not exceed sizes established by City Ordinance. c. The traditional locations for signs are: painted inside the windows or door pane or inside the transcom pane; flush on the storefront cornice or lintel; letters painted or attached directly on the cornice or lintel; mounted flush between the lintel and second floor windows. d. The style, colors, lettering and materials of the sign should reflect the age of the building. Examples may be found in old photographs and surviving signs. See a professional sign painter for advice. e. Contrast between a dark background and light lettering, or vice versa, is more important than size. The lettering style should be chosen for it's legibility. f. Plastic, aluminum and back lit signs are not usually appropriate on older buildings because of their materials, colors, size and style of lettering. The content and logo of corporate and product signs can be transferred to more traditional materials and styles of sign. 6. Canvas or treated cloth awnings are recommended where they are compatible with the age of the building and the character of downtown. a. Aluminum or plastic materials and flat, horizontal canopies are not consistent with the appearance of older buildings. b. Colors should compliment the colors of the building and neighboring buildings. Lettering should follow guidelines for signs. 6 c. Awnings should not cover distinctive architectural details or transcoms. However, awnings may be used to cover alterations which are not original to the building. d. Awnings may be fixed or retractable. They should be appropriate to the shape of the window or storefront. 7. Grills, air conditioners and exhaust fans should not be mounted on the front of the building if it can be avoided. They should be incorporated into filler panels and painted the same color as the panel. They should not extend over the sidewalk or entrance to the building. 8. Ceilings are a distinctive architectural feature which should be retained or restored. a. Tin ceilings are often concealed by a dropped ceiling to save heating and cooling costs. Ceiling fans can accomplish the same purpose and are recommended in preference to dropped ceilings. b. Dropped ceilings usually conceal the transcom panes above the display window and entrance. Transcom panes are sometimes cut, pressed, etched, colored or stained glass and should be visible inside and out. Removal of dropped ceilings, at least at the front of the building is recommended when a transcom does exist. c. Window openings and frames are often reduced with filler panels to conceal dropped ceilings. Full opening windows with a black panel between the glass and the dropped ceiling is recommended instead of filler panels. C. For New and Infill Construction New construction means totally new structures, moved-in structures and new additions to existing structures undergoing restoration and rehabilitation. 1. Generally, any new construction should be consistent with neighboring buildings and the character of downtown. a. The important elements of the character of downtown are defined by the following guidelines. b. The reproduction of historic design is recommended only for infill on a small scale or for additions to original buildings. 7 c. Contemporary design for new construction is not discouraged. These guidelines focus on general rather than specific design elements in order to encourage new design compatible with the character of downtown. 2. The height and width of the facade should reflect the average proportions of the older downtown buildings. a. Buildings should be two or three storied high but no more than sixty feet. b. Infill should fill the entire width of the lot. c. Horizontally, the building should be massed in increments of approximately 22 and 44 feet. 3. The new facade should be flushed with the sidewalk, or if adjacent buildings are not, then flush to its neighbors. 4. The exterior materials should be brick or stone masonry, similar in color or texture to the older downtown buildings. 5. Infill buildings should reflect some of the detailing of neighboring buildings in window shapes, cornice lines and brick work. 6. The amount of solid wall to window and door openings on the facade should be proportional to that of the older downtown buildings. a. The ground floor should be a transparent store front style, with window size and height similar to that of neighboring buildings. b. The upper stories should have windows of the same general spacing and height to width proportion as those of neighboring buildings. 7. The cornice or roof line should be flat. TAMIIADMINIHRAGUIDE 8 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Request to Substitute Jacobs Realty Inc. Letter of Credit for that present being held by the HRA posted by the Ladbroke Racing Corporation for payment of taxes for Canterbury Downs . DATE: December 1, 1993 Attached is correspondence from Mr. Daniel T. Lindsey representing the Jacobs Realty Inc. Mr. Lindsey would like to secure the HRA' s approval for substituting the Jacobs Realty letter of credit for the Ladbroke letter of credit which guarantees the payment of property taxes for Canterbury Downs through 1995 . At this time I believe what is being sought is an indication from the HRA of their willingness to allow a substitute letter of credit provided that certain other conditions are met . The closing on the sale of property was originally scheduled to occur on December 15, 1993, however because of litigation initiated by a group of people lead by Susan Bala of Fargo, N.D. , the date of closing cannot be determined at this time. Obviously, Jacobs Realty Inc . would not want to provide a letter of credit taking Ladbroke out of their position of having to guarantee the payment of property taxes without actually owning the property. I'm sure this would be fine with Ladbroke but I doubt that Jacobs Realty would want to do this . Therefore any action taken by the HRA should contain certain contingencies . These contingencies should include : (1) The letter of credit will be substituted after Jacobs Realty has closed with Ladbroke on the sale of the property; (2) That the bank upon which the letter of credit is drawn is one that is totally acceptable to the HRA (this provision was also a requirement of the Ladbroke letter of credit) ; (3) That all other applicable provisions of the agreement between Ladbroke and the HRA be incorporated into the agreement between Jacobs Realty and the Shakopee HRA. RECOMMENDATION: It is recommended that the HRA approve the concept of the substitution of a letter of credit from Jacobs Realty replacing the Ladbroke Corporation' s provided that all necessary and applicable conditions be met . ACTION REQUESTED: Move to indicate to Jacobs Realty that the Shakopee Housing and Redevelopment Authority is willing to consider the replacement of the Ladbroke letter of credit with one from Jacobs Realty, Inc . provided that all of the applicable conditions in the original agreement with Ladbroke Corporation be met by Jacobs Realty Inc . and further that this letter of credit be substituted only after the successful closing of the real estate transaction for Canterbury Downs between Jacobs Realty, Inc. and Ladbroke Racing Corporation (New Canterbury Downs) . ■ Daniel T. Lindsay 100 South Fifth Street Suite 2500 Minneapolis,Minnesota 55402 Telephone:612/337-1853 November 30, 1993 Mr. Dennis Kraft City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Kraft: As we discussed on the telephone last Wednesday afternoon, it is contemplated that an action of the city council will be required to substitute Jacobs Realty, Inc. for the letter of credit presently posted by Ladbroke Racing in support of the facility's commitment to pay the outstanding taxes on Canterbury Downs through 1995. It is our proposal to substitute the Ladbroke letter of credit written on a bank from the east coast with one issued by the First Bank System, Inc. of Minneapolis. The substitute letter of credit would have the identical terms and conditions as the existing one, contemplating that it would have a declining balance as the taxes are paid over the ensuing two years. Please advise me on how I might proceed to get permission to substitute the letter of credit as contemplated by our Purchase Agreement. I understand that it is still possible to be placed on the agenda for the City Council Meeting that takes place on December 6, 1993 . Sincerely, (L16_40 .:‘L . _ Daniel T. Lindsay DTL/sj 4 (s:) MEMORANDUM TO: MEMBERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE FROM: Karen Marty, City Attorneys ' DATE: December 3, 1993 RE : Title Insurance Request BACKGROUND: Many months ago the Housing and Redevelopment Authority authorized the sale of certain land to David Rutt for development . There were problems with the title to the property, and the Housing and Redevelopment Authority entered into the Torrens process to clear the title. The Torrens process is still ongoing, and will not be completed until this spring. Meanwhile, Mr. Rutt desired to go ahead and acquire the property, subject to the title problems, since the HRA had agreed to complete the Torrens process . On August 23 , 1993 we closed on the property, placing the purchase price in escrow until the Torrens process is complete. At the time of the closing, Mr. Rutt purchased title insurance for the property for $380 . 00 . He is requesting that the HRA reimburse him for this expenditure . DISCUSSION: The purchase agreement entered into between the HRA and Mr. Rutt included the standard clause relating to clear title. It provided as follows : Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered property abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments . Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections which shall be made in writing or deemed waived. If any objection is so made, Seller shall have 10 business days from receipt of Buyer' s written title objections to notify Buyer of Seller' s intention to make title marketable within 120 days from Seller' s receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Purchase Agreement according to its term. If no such notice is given or if notice is given but title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement . Buyer agrees to accept an owner' s title policy in the full amount of the purchase price in lieu of an abstract of title if the property is subject to a master abstract or if no abstract of title is in Seller' s possession or control . If Buyer is to receive such policy (1) the title examination period shall commence upon Buyer' s receipt of a current title insurance commitment and (2) Seller shall pay the entire premium for such policy of no lender' s policy is obtained, and only the additional cost of obtaining a simultaneously issued owner' s policy if a lender' s policy is obtained (Buyer shall pay the premium for the lender' s policy) . Mr. Rutt feels that he should not have to pay for the title insurance policy, since the HRA was unable to provide him with clear title to the property. At the time of the closing, city staff refused to agree to pay for the insurance, because (1) that was not included in any directive from the HRA or City Council, and (2) because the insurance would not have been necessary if Mr. Rutt not asked for the closing prior to completion of the Torrens proceeding. ALTERNATIVES : 1 . Approve the payment to Mr. Rutt of $380 for title insurance. 2 . Do not approve the payment to Mr. Rutt . 3 . Table for additional information from staff . RECOMMENDATION: Discuss the issue and select an alternative. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 16, 1993 Acting Mayor Lynch called the meeting to order at 7 : 04 PM with Cncl . Beard, Vierling and Sweeney present . Mayor Laurent arrived at 7 : 07 p.m. Also present : Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Added to the agenda was 14a) Tax Levy Hearing and 14c) Executive Session to discuss price of land. Deleted from the agenda was lib) Application for Tattoo License . Beard/Vierling moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent arrived and took his seat . Mayor Laurent gave the Mayor' s report . Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. John O'Laughlin, 2988 Valley View Road, inquired about the City' s intentions for the metro waste land on CR 16 . Mayor Laurent explained that the City does not have a specific plan for that property and it has been discussed in the Executive Session which is not for public knowledge at this time . Randy Sampson, 9835 Buckingham Drive, Eden Prairie, talked about the relationship with Canterbury Downs and the Minnesota Horse Racing Association. He stated that although the horse racing business has not been happening for sometime, the MN Horse Racing Association would like to maintain communications with Shakopee . He explained that the Horseman Organizations and MN Racing Commission are in the process of creating a referendum in November of 1994 for off site betting and asked for Council support for its passage . Councilmembers deleted from the consent business: lli) 1993 Street Reconstruction, Project 1993-7; 13b) Certifying Cost of Weed Cutting; and 13c) Certifying Cost of Delinquent Storm Drainage Bills . Lynch/Vierling moved to approve the consent business as modified. Motion carried unanimously. Lynch/Vierling moved to approve the Minutes of November 3 , 1993 . (Motion carried under consent business . ) Official Proceedings of the November 16, 1993 Shakopee City Council Page -2- Mr. Stock gave a brief presentation on the request from Valley Ice Arena that the lease agreement between the city and Valley Ice Arena be terminated effective November 16, 1993 . He also commented that Valley Ice Arena has had to have insurance on the site which terminates as of November 16, 1993 and they would not like to renew this policy. Mr. Stock stated the Hockey Association is requesting to use the building for storage of their zamboni and they have offered to surface the rinks once an ice base was established. Sweeney/Lynch moved to direct the appropriate city officials to take the appropriate steps to terminate the lease agreement by and between the City of Shakopee and Valley Ice Arena Inc. effective November 16, 1993 . Cncl . Vierling asked whether the building could be used for shelter. Mr. Stock stated that the plan would be to eventually turn the building into a warming house possibly by 1994 . Motion carried unanimously. Beard/Sweeney moved to approve Valley ice Arena Inc. ' s request to store the zamboni in the former ice arena building. Motion carried unanimously. Lynch/Vierling moved that the land acquisition for the community center, on the property located southwest of the high school, west of CR 79 and north of the extended Vierling Drive, is in compliance with the adopted Comprehensive Plan. (Motion carried under consent business . ) Lynch/Vierling moved that the land acquisition for the proposed electrical substation near the intersection of CR 17 and CR 78 is in compliance with the adopted Comprehensive Plan. (Motion carried under consent business . ) Lynch/Vierling offered Resolution No. 3895, A Resolution Approving the Final Plat for Westridge Bay Estates II, First Addition, and moved its adoption. (Motion carried under consent business . ) Mr. Hutton gave a presentation on the 12th Avenue improvements and proposed assessments . He stated that since the developer petitioned and waived the right to have a public hearing there would not be one in this case . Mr. Hutton stated that the developer has brought two issues to the Council . One, being the sewer crossing the proposed Shakopee bypass site in the amount of $56, 000 . The developer does not feel there is a benefit to his property since the Metropolitan Waste Control Commission (MWCC) moved the sewer interceptor to the north. He explained that these costs are not in the proposed assessment . He stated that staff has Official Proceedings of the November 16, 1993 Shakopee City Council Page -3- approached MWCC on this issue. Second issue is that the entire sewer project on 12th Avenue could have been constructed differently if the sewer interceptor would have been north of the bypass all along. The sewer could have been installed shallower to provide service to the adjacent lands . The developer has stated that his additional costs are approximately $50, 000 . Mr. Hutton stated that SPUC is paying for the oversizing costs of this project . Jon Albinson, 5276 Valley Industrial Boulevard South, stated that the MWCC has designed a tap at 83 for the water drainage to the south. Cncl . Vierling commented that the need for the lift station would be negated and the flow will be picked up by the interceptor. Mr. Albinson stated that the lift station pipes would have some use in a 400 foot area, however they would have to be resloped. He stated the sewer pipes would have been put in differently if the interceptor was known to be on the north side and gave some examples . He said that Valley Green has estimated that they incurred an additional $30, 000 in costs above what they would normally have spent for the 12th Avenue sewer line if it had been known that the interceptor was going on the North side of the bypass versus the south side . Sweeney/Beard moved to direct staff to enter into an agreement with Valley Green Industrial Park to restore any dollars in excess of $56, 230 . 97 that the city obtains from the MWCC to reduce the developer' s loss on this project. Mayor Laurent explained that if the $56, 000 was taken out of the assessment and the additional $33 , 000 was obtained from MWCC and the MWCC also corrected the slope of the sewer pipes, then the developer would be gaining rather than becoming even. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 3901, A Resolution Adopting Assessments for 12th Avenue Sewer and Watermain Improvements, between County Road 83 and Valley Park Drive, Project No. 1992-4 and moved its adoption. Motion carried unanimously. Discussion ensued on the request to close 3rd Avenue between Scott and Atwood from 3 :25 - 7 :25 p.m. on Wednesday afternoons from now through April . Cncl . Sweeney stated that this closing could cause precedent since it is for the protection and safety of the children. He stated Official Proceedings of the November 16, 1993 Shakopee City Council Page -4- that possibly caution signs. lights could be used rather than closing the street . Cncl . Vierling suggested routing the children across the street to one of the parking lots and having the parents pick them up there. Liz Cole, 925 Apgar Street, Coordinator, Shakopee Area Religious Education Grade 1-6, stated that the children exit on 3rd Avenue to the patrol crossing on Atwood and 3rd Avenue and that parents have been asked to pick their children up in the parking lot to no avail . Jackie Franek, Jackson Township, Coordinator Secretary, stated that the parents park on 3rd Avenue and the children run out into the street to catch their ride. Cncl . Vierling suggested putting no parking signs up on 3rd Avenue from certain times during the day. Sweeney/Lynch moved to direct staff to initiate the placement of no parking, no standing, no stopping signs on the south side of 3rd Avenue from Scott Street to Atwood Street and on the north side of 3rd Avenue from Scott Street to middle of the block (from 3 :25 - 7 :25 p.m. on Wednesday afternoons from September to April) . Motion carried unanimously. Lynch/Vierling moved to approve of the pay off of the special assessment for the Apgar Street project against city owned parcel number 27-001267-0 in the amount of $2, 061 . 96 with funding from the Capital Improvement Fund. (Motion carried under consent business . ) Lynch/Vierling moved to direct staff to submit an official request to the Mn/DOT indicating a desire to turnback 1st Avenue, between Holmes Street and Sommerville Street from Trunk Highway 101 to a City street and to request Mn/DOT reimburse the City of Shakopee for all or part of the pavement replacement costs associated with the reconstruction of 1st Avenue. (Motion carried under consent business . ) Lynch/Vierling moved to delay the request for stop sign warrant studies at the intersections of 4th Avenue/Holmes Street, 6th Avenue/Holmes Street, 4th Avenue/Fuller Street, and 6th Avenue/Fuller Street for approximately one year to allow for street and road construction projects to be completed downtown and for the results of the Scott County' s 4th Avenue/6th Avenue turnback study. (Motion carried under consent business . ) Mr. Hutton gave a brief presentation of the history of working • improvements on McKenna Road. He also explained the estimated assessments that could be used for this project and possible Official Proceedings of the November 16, 1993 Shakopee City Council Page -5- alternatives . He stated that possibly the City should hire an appraiser to determine the amount properties could be assessments on rural gravel roads . Mr. Hutton stated three of the four gravel roads in the City are on State Aid and would receive additional funding. The City can either take that funding into consideration or not apply an assessment at all to these properties . Sweeney/Lynch moved to accept the offer of the Sioux Community, apply the special assessment policy and direct staff to obtain benefit appraisals for properties abutting McKenna Road for purposes of determining the amount of assessments each property can withstand by improving McKenna Road. Mr. Hutton explained that there would need to be a public hearing held on improving McKenna Road. He stated that the Mdewakanton Sioux Community if assessed as a regular property would have to pay an estimated $13 , 000 . Motion carried unanimously. Lynch/Vierling moved to approve the vacation carry over request submitted by Mr. Stock providing that said vacation is used on or before March 31, 1994 . (Motion carried under consent business . ) Lynch/Vierling moved to authorize payment in the amount of $9, 890 . 00 to Plehal Blacktopping for asphalt paving on 29th Avenue, as part of the street maintenance program. (Motion carried under consent business . ) Mr. Hutton gave a brief presentation on the 1993 street reconstruction projects . He explained that the contractor is requesting that two remaining blocks under construction be postponed until next year (Spencer and Fillmore) . He stated the contractor is responsible for all maintenance on uncompleted roads, filling, grading and pot holes . Cncl . Sweeney commented that this project should have been completed before winter. He asked whether it was the city' s own regulations which caused delays or the contractors. Mr. Hutton explained that the job was awarded in July and that is a late starting date. Mayor Laurent asked about the costs to the contractor and whether the contractor could have used other options; such as another alternative to drying. Mr. Hutton stated that the city did work with the contractor giving other alternatives and suggestions, but the contractor has the last Official Proceedings of the November 16, 1993 Shakopee City Council Page -6- choice and did not view these alternatives as viable . Cncl . Lynch asked whether penalty clauses could be in place for a project such as this . Mr. Hutton stated there are two penalty clauses on this project : One, final completion date which is in July of 1994 and that' s $200 a day. The other clause is an interim completion date that all work started this year had to be finished with pavement and if they did not it would be $100 a day. The interim completion date is November 16, 1993 . Vierling/Lynch moved to direct staff to grant S .M. Hentges & Sons, Inc. an extension to the completion date of paving Spencer Street, between 2nd Avenue and 3rd Avenue and Fillmore Street, between 3rd Avenue, 4th Avenue, until June 1, 1994 with the conditions of putting in sidewalks and grading the streets . Motion carried unanimously. Cncl . Vierling suggested that in future contracts add that the city could come in and put up remedial work at the expense of the contractor. Mr. Stock explained that the language of the current contracts requires the contractor to put up construction bonds in case they fail to perform the conditions of the agreement . Ms . Marty stated that it is difficult to prove the contractor could not finish the project if the city steps in and does remedial work. Mr. Hutton stated that possibly the city could put down temporary blacktop. Sweeney/Lynch moved to reconsider the motion. Motion carried unanimously. Vierling/Beard moved to direct staff to grant S .M. Hentges & Sons, Inc . an extension to the completion date of paving Spencer Street, between 2nd Avenue and 3rd Avenue and Fillmore Street, between 3rd Avenue, 4th Avenue, until June 1, 1994 with the conditions that the sidewalks be completed and the street be graded and temporary blacktop be installed. Motion carried unanimously. Lynch/Vierling moved to approve bills in the amount of $3 , 578, 285 .24 (includes $2, 492, 208 . 33 for transfers) . (Motion carried under consent business . ) Lynch/Vierling moved to terminate the probationary status of Jim Grampre effective November 24, 1993 . (Motion carried under consent business . ) Official Proceedings of the November 16, 1993 Shakopee City Council Page -7- Lynch/Vierling offered Resolution No. 3898, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee American Legion, and moved its adoption. (Motion carried under consent business. ) Cncl . Lynch asked if it is past practice to add weed cutting costs to real estate taxes . Ms . Marty stated this is what the city has done for many years. Cncl . Vierling asked whether there is a large amount of uncollectible fees . Cncl . Sweeney stated that the property cannot be transferred without paying the taxes . Vierling/Lynch offered Resolution No. 3899, A Resolution Certifying the Cost of Weed Cutting for Collection on the Tax Rolls Payable 1994, and moved its adoption. Motion carried unanimously. Cncl . Lynch asked whether this was past practice to add delinquent storm drainage bills to real estate taxes . Ms . Marty stated this is past practice . Lynch/Vierling offered Resolution No. 3900, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1994 , and moved its adoption. Motion carried unanimously. Lynch/Vierling offered Resolution No. 3897, A Resolution Accepting Work on the 1993 Sidewalk Replacement Program, Project No. 1993-11 and moved its adoption. (Motion carried under consent business . ) Lynch/Vierling offered Resolution No. 3896, A Resolution Accepting Work on the 1992 Sidewalk Replacement Program, Project No. 1992-7 and moved its adoption. (Motion carried under consent business . ) Lynch/Vierling offered Resolution No. 3904, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Subdivision of Land, Parcel No. 27-001535-0, and moved its adoption. (Motion carried under consent business . ) Lynch/Vierling offered Resolution No. 3905, A Resolution Accepting Work on the Foothill Trail Storm Drainage Improvements, Project No. 1993-2 and moved its adoption. (Motion carried under consent business . ) Mr. Stock explained that public hearing on the Tax Levy is scheduled for December 8, 1993 . Official Proceedings of the November 16, 1993 Shakopee City Council Page -8- Cncl . Sweeney volunteered to make the presentation at the hearing as he did the last year. Vierling/Lynch moved to keep the presentation on the Tax Levy in the same format as 1992 . Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 9 : 12 PM for an Executive Session to discuss price of land. Mayor Laurent reconvened the City Council meeting at 9 :40 PM. No action was taken during the Executive Session. Sweeney/Vierling moved that the Council finds that the proposed sale of property along CR 15 to Minnesota Department of Transportation (MnDOT) does not materially affect the comprehensive plan. Motion carried unanimously. Beard/Vierling moved to direct appropriate staff and officials to enter into an agreement with MnDOT to sell one acre of land along CR 15 for $15, 800 . 00 . Motion carried unanimously. Mayor Laurent adjourned the meeting to Thursday, November 18, 1993 at 5 : 00 p.m. Meeting adjourned at 9 :44 p.m. �u ith S. Cox • y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 1993 Acting Mayor Lynch called the meeting to order at 5 : 06 P.M. with Councilmembers Vierling, Sweeney and Lynch present. Mayor Laurent and Councilmember Beard were absent. Also present: Barry Stock, Assistant City Administrator; Gregg Voxland, Finance Director and Dave MacGillivary, Springsted Inc. Mr. Stock stated that he had two items to add to the agenda under other business: 1. Request from Jackson Township for Committee of the Whole Meeting, and 2 . Recess for Executive Session to discuss litigation matters. Vierling/Sweeney moved to approve the agenda as amended. Motion carried unanimously. Mr. MacGillivary, Springsted Inc. , reviewed the bids received for the two bond sales. Sweeney/Vierling offered Resolution No. 3902 , a Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $1, 400, 000 General Obligation Improvement Bonds, Series 1993B and moved its adoption. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3903 , a Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $1, 000, 000 General Obligation Tax Increment Refunding Bonds, Series 1993C and moved its adoption. Motion carried unanimously. Mr. Stock stated that Jackson Township officials have contacted City staff requesting a Committee of the Whole meeting with City Council to discuss annexation. It was the consensus of those present to attempt to schedule a meeting for November 30th at 6 : 00 P.M. Mr. Stock stated that he would contact Mayor Laurent and Councilmember Beard to see if this meeting date and time fit into their schedules. He stated he would get back to Councilmembers as soon as a date and time has been fixed. Vice Mayor Lynch recessed the meeting for an Executive Session to discuss litigation. Vice Mayor reconvened the meeting at 5 :20 P.M. stating that City Council took no action during the Executive Session. Sweeney/Vierling moved to adjourn the meeting at 5 : 21 P.M. Motion carried unanimously. �\ Barry A. Stock Jidith S� Cox Acting City Administrator C ty Clerk Recording Secretary /04(., MEMO TO: Mayor Laurent and City Councilmembers FROM: Barry A. Stock, Assistant City Administrator RE: Former City Hall Building - Request to Utilize Space DATE: November 30 , 1993 INTRODUCTION: On November 30, 1993 a correspondence was received from the Chairpersons of the All Night Graduation Party Committee . (Attachment #1) . The Chairpersons are requesting permission to utilize the former City Hall building as a site for their decoration committee to meet and construct sets . BACKGROUND: For quite some time, parents of children who are graduating have sponsored an all night graduation party. Each year a theme is selected for the party and sets are designed and constructed. In the past, the All Night Graduation Party Committee has successfully found space in the community to utilize for the purpose of constructing sets for the party. This year the committee has encountered great difficulty in finding a site and is requesting City Council to consider allowing them to utilize space in the former City Hall building between January 1 and June 9, 1994 . Since we have completed the sale of surplus property, the main floor of the former City Hall building is vacant . Shown in Attachment #2 is a map illustrating the layout of the former City Hall building. If Council wishes to honor the request, staff would like to propose that the shaded space illustrated in Attachment #2 be offered to the All Night Graduation Party Committee . The proposed area could be partitioned off from other sections of the building so that they could be made available for other purposes . Staff believes that the area identified as section A could be suitable for a future tenant . Due to the extreme shortage of meeting room space in the community, staff is proposing that section B be utilized as meeting space for various community groups . To complete the building usage scenario as described herein, several minor building modifications would need to be made in terms of door installations . These improvements could be made by the Public Works staff . The doors to be installed are already available . With the reconstruction scheduled for 1st Avenue next year, staff believes that our efforts to attract lessors to the facility will be difficult . I have informed the representatives from the All Night Graduation Party Committee that if Council does approve their request, heat for the facility will be kept at a minimum level . They have stated that this will not present any hardship for their needs . Staff is recommending that the All Night Graduation Party Committee be allowed to utilize a portion of the space at the former City Hall building between January 1 and June 9, 1994 . ALTERNATIVES: 1 . Grant permission for the All Night Graduation Party Committee to utilize space at the former City Hall between January 1 and June 9, 1994 . 2 . Do not allow the All Night Graduation Party Committee to utilize space at the former City Hall building. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to grant permission for the All Night Graduation Party Committee to utilize space at the former City Hall between January 1 and June 9, 1994 . BAS/tiv TAMI/ADMIN/PARTY Barb Mahar 1158 Quincy Street Shakopee, Mn 55379 November 29, 1993 Mayor Laurent and the Shakopee City Council Shakopee City Hall Holmes St. Shakopee, Mn 55379 Dear Mayor Laurent: We are writing this letter on behalf of the Senior Class of 1994. We are the chair couples for the all night graduation party and are in desperate need of a place to do the decorating for this party. We would like you and the city council to allow our group to use the former city hall building for this purpose. The approximate time frame that we are looking at is from January 1 to June 9, 1994. We have checked into several other locations and nothing is available for this period of time. I thank you in advance for your consideration and ask that you get back to us as soon as possible. Sincerely,, Bob and Barb a ar Steve and Paula Jenkins A6aZ k� ' /q' >1 i 7c 41 Former City Hall Building 129 E. 1st. Ave Main Building Second Floor = - Office - 1380 `� rv' - Commons - 110 First Floor - Office - 1380 - mons - Com110 1490 Basement - Total 4470 1 Annex Building Second Level -2 731. 5 Lower Level 731. 5 �� � Main Floor - 1005 . 0 JNsIA!/ed h�e.A y Commons - 477 . 04K411.70,4511i 7� Tota 1 - `= ? :::;::>:; teireiNIPMEY iln I ii ! �F.4 3i:'\:: 27-6 k :.�F Ff :,;yFF '\/----Iiiilgrollip!Itio -i-,.., :: _y.�k.:„, , :i",.-"" Y Ove ..- :..- :' " .({ �:'-i iii: X7-6" ;_:;,'?{_�:�;•�,..�.•; ��:-:-:'"---••,,,,._:.::::.-z. ?:" i-•: }i:,\.i:::�. :, : .,.•;iii: E .--1 , E--- 1 MittgagiNVAR r)c,„e 40 M C-,:::::-.*:::if*iiilitaktatt (bed AeAke ..„.... ,......, „4.00,...."........... • Fo- .}.::•1F •i i4 iiF•\4�,C!• %:vF ''L.:ry�;kF {{'C{ {'i.+" loi3 MEMO TO: Mayor Laurent and Council FROM: Barry A. Stock, Assistant City Administrator RE: Hockey Association Request - Dave Kaufenberg DATE: December 2, 1993 INTRODUCTION: Attached is a correspondence from Dave Kaufenberg, President, Shakopee/Prior Lake Hockey Association. Mr.Kaufenberg would like to request the City of Shakopee to consider funding light fixtures for the new outdoor rink at Lion' s Park. (Former Ice Bubble Rink) BACKGROUND: The Shakopee/Prior Lake Hockey Association would like the City of Shakopee to consider funding 50% of the cost to install outdoor light fixtures at the new skating rink at Lion' s Park. The Hockey Association has received cost estimates that range between $4, 500 and $5, 000 . The Hockey Association is offering to contribute up to 50% of the project cost (not to exceed $2, 500) . The Hockey Association is requesting the City of Shakopee to consider paying the other 50% of the project . The 1993 budget does not have adequate funds to cover the Hockey Association request . The Park Reserve Fund or the General Fund Balance however could be utilized if Council so desired. ALTERNATIVES: 1 . Move to allocate up to $2, 500 from the Park Reserve Fund to offset the costs of installing outdoor light fixtures around the former ice bubble hockey rink at Lion' s Park. 2 . Do not approve funding to install outdoor light fixtures at Lion' s Park. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to allocate up to $2 , 500 from the Park Reserve Fund to offset the costs of installing outdoor light fixtures around the former ice bubble hockey rink at Lion' s Park. BAS/tiv City of Shakopee Shakopee City Council 129 Holmes Street Shakopee, Mn. 55379 12/1/93 Dear Council Members, We are writing in regards to the old Bubble rink located at Lion's Park. We would first • like to thank you for your support of our program, by agreeing to help us maintain the rink this winter. Secondly, we would like to ask for your support again, by helping us supply lighting for the rink. We have asked for some estimated costs from Shakopee Public Utilities and a private company to install outdoor lighting around the rink. The estimates indicate that it would take approximately $4,500. to $5,000 to install adequate lighting fixtures. Shakopee Youth Hockey would be willing to invest up to half (not to exceed $2,500) of the estimated project costs. We are asking the City of Shakopee if it would pay for the other half of the project. As you know, our program is suffering because of the short supply of indoor ice time. The outdoor ice is very important to us, and the added ice sheet at Lion's Park would help us tremendously. The added lighting (which includes a timer button) would also serve the whole community. Lastly, the outdoor season is fast approaching, and the lighting would need to be installed as soon as possible. Thank you for concern and help in this matter. Sincerely, ii‘; David Kaufenberg President, Shakopee/Prior Lake Hockey CONSENT cv MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Refuse Collection Contract - Addendum #2 DATE: November 24, 1993 INTRODUCTION: The refuse collection contract currently contains a provision allowing for the contract to be reopened should refuse disposal rates increase and/or decrease by 10% . Waste Management officials have informed the City that they will be disposing of their waste at a new disposal site . The new disposal site offers a gate rate that is more than 10% less than the current contract disposal rate . The Energy and Transportation Committee is therefor recommending that the refuse collection contract be amended accordingly decreasing refuse disposal rates and that the 1994 Fee Schedule be amended accordingly. BACKGROUND: Recently, Waste Management Inc . selected an alternative site to dispose of refuse. Attached is a correspondence from Mike Berkopec, Waste Management Inc . Division President outlining the impact of the lower disposal rate on Shakopee' s rates . The end result is that Shakopee residents could receive a rate reduction of approximately $1 . 00 per month on the 64 gallon rate and $ . 22 per month on the 32 gallon rate. The Energy and Transportation Committee did discuss the possibility of establishing an escrow fund to hold the cost savings as a result of the disposal decrease. This option was being considered because Scott County maybe requiring all refuse collected in Scott County to be disposed of at the NRG facility. When the NRG facility goes on line, Shakopee disposal rates for a typical household could increase by over $2 . 00 per month from the levels being proposed. Funds deposited in the escrow fund could have been used to write-down refuse disposal costs and gradually phase in a rate increase should the County be successful in implementing disposal designation. Waste Management is particularly concerned about the potential impact of the County waste designation since the current contract specifies that the contract will only be reopened at 6 month intervals for rate adjustments. The Energy and Transportation Committee felt that it would probably be longer than six months before the Scott County ordinance would go into effect . Additionally, the Committee felt that perhaps the City of Shakopee could be exempt from disposal designation until such time that the six month interval expired. Worst case scenario, the Energy and Transportation Committee felt that if the County did not allow Waste Management Inc . to be exempt from the designation ordinance that the Committee would look favorable upon a amendment to the contract in regard to the six month reopener provision. Shown in attachment #2 is addendum #2 to the Refuse Disposal Collection Contract by and between Waste Management Inc . and the City of Shakopee . The addendum establishes a new refuse disposal rate for Shakopee customers . If Council approves the contract addendum #2 as proposed herein, staff would take the necessary steps to include the new refuse disposal rates in the 1994 Fee Schedule. The new rates would first appear on the January 1, 1994 utility billing statement . Since Waste Management has been disposing of the Shakopee waste at the McCloud County site since October, they have been receiving windfall savings for the past 2 1/2 months . Waste Management recognizes this and has agreed to provide a check to the City of Shakopee equal to the gross decrease of disposal costs incurred as a result of disposing of waste at the McCloud County site since October. The cash payment equates to $7, 082 . 50 . ALTERNATIVES: 1 . Move to approve contract addendum #2 to the Refuse Collection Contract by and between the City of Shakopee and Waste Management Inc . 2 . Do not approve the contract addendum #2 . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to approve contract addendum #2 to the Refuse Collection Contract by and between the City of Shakopee and Waste Management Inc . Waste Management-Savage Attachment #1 12448 Pennsylvania Avenue South 9 A WasteManagement Company Savage, Minnesota 55378pan 612/890-1100 • FAX: 612/890-5143 November 9 , 1993 Barry Stock Assistant City Administrator City of Shakopee 129 E. 1st Ave Shakopee, MN 55379 Dear Barry: Disposal of solid waste continues to be a controversial subject both in Scott County and throughout Minnesota. The current debate rests in the determining the most environmentally sound and cost effective alternative for waste in light of certain federal court decisions. The controversy benefits the consumer by forcing planning agencies to review past practice given improved technology in the industry. The City of Shakopee's solid waste management program continues to be a leader in Scott County. Shakopee residents currently recycle over 28% of their solid waste in a recycling program that majors on the majors (i. e. heavy material) -newspaper, cardboard and mixed mail/magazines. In addition to these materials, residents are also able to recycle their cans, glass, and plastic bottles "co-mingled" together. The program's ease increases participation and maximizes recycling. Waste Management' s disposal site closed in the first part of October and we are now using a new site in McLeod County. The site, located near Biscay, Mn is in full compliance with all applicable State and Federal regulations and has both a leachate collection system and a 60 mil plastic bottom liner. The site is owned by a Sanifill, a national corporation. As you are aware, Waste Management closely investigates all sites to protect both our liability and our customers. This site currently offers a gate rate that is $13 .70- per ton ($42 . 66) less than the current contract disposal rate of $56. 36. Site conditions, local roads, and distance leave the transportation component of the contract unchanged. The result for Shakopee is a per home rate reduction of $1. 00 per month on the 64 gallon rate and $ . 22 per month on the 32 gallon rate (see attached calculations) . The new rates will be $12 . 53 and $11. 73 respectively. a division of Waste Management of Minnesota, Inc. Given the move toward mandatory processing in Scott County, this new rate may not hold for very long. I have been told by Scott County officials to expect new ordinances that require processing in the Spring of 1994 . I expect these new regulations to increase disposal fees to between $60 . 00 and $75. 00 per ton. The worst case scenario would increase household rates over $2 . 00 per month from the levels proposed above. I look forward to discussing the various alternatives facing the City of Shakopee and the related costs . Finally, Waste Management has purchased 500 new recycling containers at no charge to the city to serve as replacements and for new growth over the coming year. Sincerely WA 1E MANAGEMENT-SAVAGE AIM Mike Berkopec Division President enclosures CITY OF SHAKOPEE RATE CALCULATIONS 210 -TONS PER MONTH OF SOLID WASTE 60 -TONS PER MONTH OF RECYCLABLES 3037 -TOTAL RESIDENCES 2833 -64 GALLON CUSTOMERS 204 -32 GALLON CUSTOMERS (2833 X 64GAL = 181312 GALLONS) + (204 X 32GAL = 6528 GALLONS) = 187840 TOTAL GALLONS 64 GALLON CUSTOMERS GENERATE 98% OF THE SOLID WASTE BY VOLUME 32 GALLON CUSTOMERS GENERATE 2% OF THE SOLID WASTE BY VOLUME GROSS DECREASE AT DISPOSAL SITE IS $2 , 877 . 00 PER MONTH $2 , 833 . 00 (98%) / 2833 CUSTOMERS = $1. 00 PER MONTH $ 44 . 00 ( 2%) / 204 CUSTOMERS = $ . 22 PER MONTH ATTACHMENT #2 REFUSE COLLECTION CONTRACT ADDENDUM NO. 2 THIS AGREEMENT, made and entered into this day of , 1993 , by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 Holmes Street South, Shakopee, MN 55379, and Waste Management, Inc . - Savage, with offices at 12448 Pennsylvania Avenue South, Savage, MN 55378, hereinafter referred to as the "Hauler" . WITNESSETH: THAT, WHEREAS, in early 1992 the City and the Hauler entered into a Refuse Collection Contract, running from January 15, 1992 until January 14 , 1995; and WHEREAS, this Refuse Collection Contract incorporated an Exhibit A, which provided that if landfill tipping rates increase or decrease by more than 10% from December 1991 rate, the contract would be reopened; and WHEREAS, Addendum #1 to the contract was approved by the Shakopee City Council on June 2, 1992 to reflect an increase in refuse disposal rates, and WHEREAS, on October 15, 1993 landfill tipping decreased by more than 10% . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Hauler as follows : 1 . That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting paragraphs 1 and 2 under CHARGES, and inserting new paragraph 1 and 2 which shall read as follows : 1 . From and after November 15, 1993 , the contract rate for regular pickup shall be $12 . 53 per month. 2 . Should landfill tipping rates increase or decrease by more than 10% from the October 15, 1993 rate of $42 . 66 per ton, the parties agree to reopen the contract . This contract provision may not be renegotiated more often than at six month intervals . 2 . That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting paragraph 4 under PACKAGING OF REFUSE AND RECYCLABLE MATERIALS; VOUCHERS, and inserting a new paragraph 4 which shall read as follows : 4 . The Hauler shall provide, upon request, in lieu of the 64 gallon refuse cart, a 32 gallon cart . The contract rate for weekly collection of a 32 gallon refuse cart shall be $11 . 73 per month from and after November 15, 1993 . 3 . The Hauler shall pay to the City the sum of $7, 082 . 50 as compensation for the rate differential experienced by the Hauler between October 15, 1993 and November 15, 1993 . 4 . All other provisions of the Refuse Collection Contract shall remain in full force and effect . Executed the day and year first above written. HAULER - WASTE MANAGEMENT CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared by: Karen Marty, City Attorney 129 Holmes Street South Shakopee, MN 55379 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tattoo License DATE: December 7, 1993 INTRODUCTION: An application has been received from Linda Ann Kurian, 1st in Hair and Tanning/Body Art, 205 So. Lewis Street, for a tattoo license. BACKGROUND: Application for a tattoo license from Linda Kurian was received in September. Because the city's tattoo ordinance is relatively new and addresses health related issues, it has taken some time to locate a qualified and willing individual to do the on site inspection. Mr. Reynold Paskoff, a registered environmental health specialist, inspected the site on December 4th. In conjunction with the application for a license, Ms. Kurian is requesting three variances from the city code. Ms. Kurian has provided the City with a certificate of insurance evidencing the required liability insurance through 12-8-94 (new one coming through 12-31-94) . The police department has conducted the appropriate background investigation. The application is now in order for council consideration. 1. Ms. Kurian is requesting a variance from the city code provisions for the following: a. Use of a dry heat sterilization unit as opposed to an autoclave for sterilization. (Current city code provides for a variance. ) b. Use of a dental "operatory" chair as opposed to a metal chair for the clients. (Current city code does not provide for a variance. The city code would have to be amended. ) c. Use of color washable garments versus white washable garments for technicians. (Current city code does not provide for a variance. The city code would have to be amended. ) 2 . Mr. Paskoff, who also works part-time for the City of Minneapolis as a sanitarian, has submitted the attached report on his findings as a result of his inspection of the subject premises. a. The city code requires 150 sq. ft. of floor space where the practice of tattooing is conducted. The area set apart for tattooing is 64 sq. ft. and is a small portion of the beauty shop area of over 800 sq. ft. Mr. Paskoff feels that the 64 sq. ft. tattooing area is large enough. City Council will need to find that the area is sufficient. b. Because Ms. Kurian is using disposable needles, Mr. Paskoff is recommending a variance from the requirement of an autoclave. (He would like a statement from a medical professional who could witness her procedure, but would not hold the license up for that letter. Ms. Kurian has offered to follow-up and obtain such a letter from the dentist in her building. ) c. Mr. Paskoff is recommending approval of the use of a dental chair versus a metal or stainless steel chair. He feels that it can be easily cleaned. d. Mr. Paskoff recommends approval of colored washable garments versus white. In summary, Mr. Paskoff feels that Ms. Kurian is thoroughly familiar with tattooing techniques and he carefully reviewed her procedures for before and after tattoo care. He is satisfied that she understands the procedures. 3 . The certificate of insurance has been reviewed by the city attorney and is in compliance with city code requirements. 4 . The police department has conducted the customary background investigation on the applicant and has found no information developed to show that the license should not be approved. ALTERNATIVES: 1] Approve variance requests. 2] Deny variance requests. 3] Direct staff to prepare amendment to city code to permit variances 4) Approve issuing a license. 5] Deny issuing a license. 6] Table application for more information. 7] Determine that 64 sq. ft. is sufficient area to practice tattooing within the 800+ sq. ft. establishment. RECOMMENDATION: Staff has delayed putting this application on the city council agenda waiting for everything to be in order. Everything is so close to being in order. Ms. Kurian has been very patient in waiting and would very much like to know whether or not she is get a license. Staff, therefore, recommends council take going to actions with any conditions they deem Staff recommends alternatives 1) approve variance requests, 3) direct preparation of amendment to the city code to permit variances, 7) find that 64 sq. ft. is sufficient area in which to practice tattooing, and 4) approval of a license. Staff also recommends that the license be approved for the balance of 1993 and all of 1994 . RECOMMENDED ACTION: 1] Approve variance requests of Linda Kurian for a tattoo license to permit the use of dry heat for sterilization (only when using disposable needles) , use of a dental chair for clients, and use of colored washable garments for technicians to be effective upon the date of publication of an amendment to the city code permitting said variances. 2] Direct the city attorney to prepare the appropriate ordinance amending the city code to permit the variances requested. 3 ] Find that 64 sq. ft. is sufficient area in which to practice tattooing. 4] Approve the application and grant a tattoo license to Linda Ann Kurian, 1st in Hair and Tanning/Body Art, 205 So. Lewis through December 31, 1994 effective upon the date of publication of an amendment to the city code permitting the variances requested. November 4, 1993 City Council Shakopee, MN I respectfully requesting your Regarding Shakopee's Tattoo oft Licensing ring variances:•- consideration and appy requires use of an autoclave for sterilization.closely have vreresearched this 1. Current licensing Q matter extensively, and found that in other sta'Glawhere is of sterilization. heat is an equivalent Please note intICalifornia), dry approval of this that I have already provided `h detailed information on this subject. Please you with Inasmuch as I own an FCC approved dry heat sterilization unit, I request yourpP variance. 2. licensing recommends use of a metal chair for tli ma stained in a clean, successfulave been Currenta dental "operatory" chair, which can easily in locatingof this operatory chaid ' ' n. This chair meets American Dental Association standarpds, and affords considerablyonary cm more comfort for the client. I request your approvaltechnicians. Currentr. licensing recommends clean; white, washableegarmentsrse Coltec nisi is perhaps Since3. pigments of permanentlength of time. the tattooing process utilizes ig any most impractical clothing color to maintain in a "cleaen"ncoo`n i i o washablefor colored attire the psionsa fll laundry attire Both theo medical and dental thepin intent of a sanitary environment. Havingaaccomplished. For while salon,nuing to maintainsanitary can be easily P such clothing appropriately in the keeping ty� your approval of colored washable garments. the purpose of practicality, I seek PP theseYo requested variances will help ensure that dse being ices of compliance with the highest ur approval of Q willingto workh caliber are offered in a professional environment. I am committed mandates and standards in all my business activities, and am very appropriate with the City Council to ensure that my small but growing business is an asset to Shakopee eciate our time and consideration, and am hopeful of your favorable and its residents. I aper Y response. 'ncerely, 15 a 4 ''nda A. Kurien BodyArt 1.1 0 I Rey Paskoff 1325 Pennsylvania So. Minneapolis, MN 55426 RE: Inspection of Tattoo Parlor at 205 Lewis St . Shakopee, MN Linda A. Kurier Judy Cox City Clerk City of Shakopee At your request I have inspected the premises at 205 Lewis St . , Shakopee, Minnesota pursuant to the granting of a tattoo license. The tattoo area is located in the rear area of a beauty shop. The area is 64 square feet, brightly lighted, and the walls and floor are easily cleanable. The tattoo room is separated from the rest of the establishment by a full height door that does not have a locking device . Inside the tattoo room there is a large enclosed glass case with sliding doors which will satisfy your ordinance. I feel that your ordinance states 150 sq. ft, but I believe this area is large enough for tattoo. She is thoroughly familiar with tattoo techniques and we carefully reviewed her procedures for before and after tattoo care. I am satisfied that she understands these procedures . There is present 2 hand lavatories and a utility sink for general clean up. There is hot and cold water under pressure. At the time of my inspection 12 : 00 hrs on 12/4/93 at 205 Lewis Shakopee . I found the following compliance with the ordinance: (1) Sterile dressings (2) A stock of tattoo rigmer (3) A supply of single service receptacles . (4) An enclosed glass case for equipment . In my opinion she has all the disposable equipment necessary, for a tattoo parlor. The applicant has asked for a variance for some equipment : and will I . I have examined a variance.athe dry heatSince sterilization sheisusing td disposable approve it needles . II . The chair that is on the premises is an approved dental chair that can be lowered almost to the floor with side rails . It is substantial and can be easily cleaned. III . She will be wearing operation room scrubs, which are blue, but they will be changed between clients . She has an on site laundry and this is present and accepted practice . I am satisfied that at this time the applicant has a thorough knowledge of the tattooing business . I would feel more comfortable if I could receive a statement from a medical professional like a dentist, M.D. , or registered nurse who could witness her procedure. But I would not hold the license pursuant to that letter. I will state this is my opinion at this time and can not guarantee what happens in the future. Reynold R. Paskoff 1325 Pennsylvania Ave. S . Mpls, MN 55426 /s/ Rey Paskoff This document was retyped by City staff from a hand written document . TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget Amendment DATE: December 2, 1993 Introduction An amendment tot he 1993 budget is requested to deal with a couple of more or less housekeeping type items. Background Council authorized the use of a safekeeping custodian for city investments. The cost was to be offset in the General Fund by interest earnings. This amendment makes those adjustments to the budget. Based on the experience of the last two years, the allocation for the increase in the liability for accrued leave hours in the police division is under budgeted. It is proposed to increase this appropriation by $5,000 and offset it by a reduction in the appropriation for unallocated insurance. Also, when Finance calculated the budget adjustment for 1992 backpay and 1993 wage increases, an error was made and the police division budget was shorted. It is proposed to increase the wage appropriation by $5,000 and offset it by a reduction in the appropriation for unallocated insurance. Another budget adjustment routinely made towards the end of the year is to increase the appropriation for police overtime and offset the change with a revenue increase in police contracted services. The expected amount of activity for the year is $8,000. As a side note, the City has collected $13,686 more than budgeted for police state aid. Alternatives 1. Adopt the resolution. 2. Amend and adopt the resolution. 3. Do not adopt the resolution. Recommendation Alternative number 1. Action Offer Resolution Number 3817 A Resolution Amending Resolution No. 3720 Adopting The 1993 Budget and move its adoption. RESOLUTION NO. 38:7 A RESOLUTION AMENDING RESOLUTION No. 372D ADOPTING THE :993 BUDGET WHEREAS, the City Council has adc=:ed a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY =HE CITY COUNCIL OF THE CITY OF SHAKOPEE, M:NNESOTA, that the accounts are changed as follows: Amount Fund Division Accour.: $ 900 General Revenues Interest 900 Finance Supplies/Services Personnel Services $ 11,000 General Police (11,000) Unallocated Insuran=e Personnel Services $ 8,000 General Police (8,000) Revenue Police Services Adopted in session of :he 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 O1JSENT TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Purchase of Unused Holiday Time DATE: 12 01 93 INTRODUCTION: In accordance with the terms of existing union contracts, the officers listed below have requested that the city buy back unused holiday time in the amounts indicated. BACKGROUND: The police union contracts both contain the following provision: "The employer may, at his option, buy back from any employee so requesting 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. " Last year, 10 officers sold back 660 hours of unused holiday time for $11,772 . In some cases, officers sold back all the holiday time they earned during the year. Although Council was not comfortable with the numbers involved, they felt some pressure to buy the time back because if they did not, the officers involved would not be able to use it and would lose much of it. At that time, Council directed that steps be taken to keep this situation from recurring and indicated that any plan presented should contain a 40 hour cap. The following solution was implemented with Council approval: 1. The City will not buy back more than 40 hours of Holiday time from any individual unless a special situation such as a severance package is involved. 2 . Officers will be allowed to carry up to 40 hours of unused holiday time 90 days into the next calendar year. This year, 11 officers are requesting that the City buy back a total of 431 hours at a total cost of $8 , 200.57 according to the following formula: Carlson 40 hr $780.75 Nelson 40 hr $767 .83 Erlandsen 39 815. 63 Patrick 40 588 . 62 Forberg 38 735.77 Robson 38 648 . 82 Flynn 40 780.76 Scherer 38 741.72 Kaley 38 817 .72 Tucci 40 761. 64 Koch 40 761. 64 The Finance Director indicates that funds exist within the budget pay for this expenditure but money must be moved to the appropriate location before it can be used for this purpose. He has prepared a budget amendment to accomplish this. ALTERNATIVES: 1. Buy back unused holiday hours as requested. 2 . Buy back unused holiday hours but fewer than requested. 3 . Do not buy back unused holiday hours. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City Officials to buy back unused holiday hours from the individuals listed above in the amounts indicated. PONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1994 Workers Compensation Insurance DATE: November 18, 1993 Introduction The current workers compensation insurance coverage for the City of Shakopee expires December 31, 1993. Background The current workers compensation insurance coverage for the City of Shakopee expires December 31, 1993. Coverage is provided by the League of Minnesota Cities Insurance Trust (LMCIT) which is a self insurance pool comprised of the majority of the cities in the state. A renewal quotation from LMCIT for 1994 shows a deposit premium in the amount of $114,566. The deposit premium for 1993 was $89,860. Of the $24,706 increase, 87% is due to the less favorable (.75 to .93) experience modification factor Shakopee has received. The balance of the increase is due to a larger employee wage base and a small change in the premium discount. Alternatives 1. Accept quotation from LMCIT. 2. Seek other quotations. Recommendation Alternative number 1. Action Move to accept the quotation from the League of Minnesota Cities Insurance Trust for workers compensation coverage for 1994 with a deposit premium of $114,566. _ ) 3 . CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Waiver of Certain Special Assessment Appeal Rights DATE: November 29, 1993 Introduction Council authorization to execute a waiver of certain special assessment appeal rights is requested. Background The VIP extension II project has a procedural mis-step in that the contract was not awarded within one year of the ordering of the project. In order to best preserve the special assessment process for the project, property owners were asked to sign a waiver on the hearing process but reserving the right to appeal the amount of the assessments. The City is a property owner involved in the project. The obtaining of the waivers from the affected property owners will preserve the improvement bond sale in its present form. The next best option for this project if the waivers are not obtained is to convert the part of the bonds for the project to GO Sewer Revenue backed bonds and recoup the costs by a sewer trunk charge upon platting. Due to the timing factor, Council was polled on November 30 for authorization to execute the waiver with formal authorization to follow at the next Council meeting which is December 7. Action Move to ratify the authorization of the proper city officials to execute a waiver of special assessment appeal rights for city property for the VIP II sewer extension project. CITY OF SHAKOPEE WAIVER OF CERTAIN SPECIAL ASSESSMENT APPEAL RIGHTS The undersigned hereby affirms the desire for the City of Shakopee to construct the following improvements and to assess them pursuant to Minnesota Statutes Chapter 429 : VIP Sanitary Sewer Interceptor Extension, Project 1992-9 The undersigned hereby voluntarily waives any objection to the manner in which the special assessments were or are adopted, including the timing of the improvements. The undersigned retains the right to appeal the amount of said assessments . Dated this 30 day of /4WD )(42,L) , 1993 . r .44.s..AtAir) - .-4/2 0 STAIO OF MINNESOTA ) ss. COUNTY OF SCOTT On this �` �� day of 1993 , before me personally appeared 6 ck4,.,.�,t ,u;,k,,p f-f ),IL%4.4k, @.4g• , who, being duly sworn, did say that said instrument was executed as his/her/their free act and deed. • TONI NOT WARHOL SCOTT COUNTY MY COMMISSION EXPIRES 1-17.03 This instrument was drafted by: City of Shakopee 129 S. Holmes St . Shakopee, MN 55379 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Stop Sign request at 7th Avenue and Dakota Street DATE: November 30, 1993 INTRODUCTION & BACKGROUND: Staff has received a request from Mr. Bob Greeley of 734 Dakota Street for the installation of stop signs at 7th Avenue and Dakota Street. Dakota Street previously did not exist between 7th Avenue and 5th Avenue. With the construction of the Milwaukee Manor Subdivision, 7th Avenue was completed,which opened this street up to additional traffic. Currently, the intersection of 7th Avenue and Dakota Street is controlled by yield signs. On past stop sign requests, the City Council has elected not to act on the requests until a warrant study has been completed. Staff recommends that the City Council continue to follow this practice on any stop sign requests. The warrant study may take longer due to winter because of the inability to leave the automatic traffic counters on the streets during plowing conditions. ACTION REQUESTED: Move to direct staff to complete a warrant study to determine if stop signs are warranted at the intersection of 7th Avenue and Dakota Street and report back to the City Council at the earliest opportunity. DEHlpmp SIGNS l � MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Chaska Interceptor Agreement with the Metropolitan Council, the Metropolitan Waste Control Commission and the Shakopee City Council DATE: December 3 , 1993 INTRODUCTION: As the City Council is well aware the staff has been negotiating with representatives of the Metropolitan Council and the Metropolitan Waste Control Commission (MWCC) for some period of time in an attempt to formulate an acceptable agreement for the funding of the proposed Chaska Interceptor. This agreement also has other planning related items of extreme interest to the City Council . BACKGROUND: In the past the MWCC has allowed communities to connect to metro- wide interceptor sewer facilities at no additional cost . This policy is no longer followed because of a reduction in federal funding in the sewer construction area. In the past the MWCC received large federal grants which funded a much bigger proportion of interceptor sewers . At the present time the level of federal funding in the sewer construction area has been dramatically reduced. As a result of this the MWCC has not had those surplus funds to offset additional capacity interceptor sewers to serve specific communities . Therefore, the new policy of the MWCC is for local communities to cost share in the over sizing of interceptor sewers . The decision before the Shakopee City Council at this point initially is whether the Council would like to request that the MWCC design the Chaska Interceptor larger so that it can function as both a regional interceptor sewer and a trunk sewer for the City of Shakopee. If the decision is made at this time to not cost share in that sewer construction the facility will be designed to only handle the flow from Chaska and Chanhassen, as a consequence, at some time in the future the City of Shakopee will be construct a trunk sewer to provide sewer service to those areas South of the proposed Shakopee Bypass . After several months of negotiation the cost of Shakopee' s share of the sewer system, should the City choose to participate in this endeavor, will range from approximately $4 million for a more westerly connection to about $2 . 6 million for a more easterly connection. As Councilmembers may remember the initial cost being discussed for Shakopee' s share was in excess of $10 million. Several funding scenarios have been evaluated by the staffs of the various agencies. Two will be presented for your consideration at this time . At the City Council meeting a more detailed presentation will be given relative to the impacts of each of the alternate decisions. Because of the significance of this decision and the amount of information to be presented and analyzed no decision is being requested from the City Council at the December 7th meeting. Depending upon the progress made at this meeting if necessary it will be possible to set up a Committee of the Whole meeting for December 14th to discuss this subject in greater detail, or to have a second presentation and decision at the City Council meeting of December 21st . The Metropolitan Council has requested that the City Council render a decision by December 21st so that the Metropolitan Council can decide on this issue by the end of the year. Please review the attached contract . Staff will make a detailed presentation on the contract at the City Council meeting. RECOMMENDATION and ACTION REQUESTED: No decision is requested on this contract at this time. It is requested that the City Council direct the City Administrator to set up a Committee of the Whole for more lengthy discussions if Councilmembers deem that to be desired. Otherwise the item will be placed on the December 21st agenda for further discussion and decision. .DEC-02-'93 THJ 15:03 ID:METROPOLITAN COUNCIL TEL HO:612•'291-6550 p771 F02 DRAFT 1211/93 Cgp'rox SHAKOPEEICHASI{ AGREEMENT COST SHARING is made and entered Into between the METROPOLITAN COUNCIL " THIS AGR METROPOLITAN WASTE CONTROL COMMISSION (hereinafter (hereinafter"the Council"), OF SHAKOPI E (hereinafter "the City"). " PEE Cotnmisaion"), and thh e CITY dad the WHEREAS, the Council and Commission, following review and analysis, have amen Commission's 194ll depi010 cted Implementation Plan to include the construction of an interceptor sewer(the "Facility"), generally depicted on Exhibit A attached hereto and made a part hereof,to convey�'+'a8 e from the City of Chaska to the Commission's Blue Lake Wastewater Treatment Plant; and WIIEFLEAS, a portion of the Facility serving Chaska will be located within the boundaries of the City, and could, with certain design changes, simultaneously serve as a Commission interceptor and a local trunk sewer for the City; and WHEREAS, the Council, the Commission and the City have agreed that the Facility can be and used simultaneously as a Commission interceptor sewer and a local trunk sewer for the designedthe design of the Facility to City. In consideration of the Council and Commission City modifying acs to pay for a portion of the accommodate the City's need for a local trunk sewer, furtherf costa of the Facility over and above its SAC chargecontribution onnand the se Ci plan and project amendments to its comprehensiveplan, erns to make necessary official controls to ensure the avoidance of premature growth or urbanization in accordance with Council policies. NOW,TIWEREFORE, the parties to this agreement, in consideration of the mutual covenants contained in this agreement, agree as follows: SECTION 1. RECITALS 1.1 �. Pursuant to Minnesota Statutes, section 473trc146, the ['�ntictl Nnd Cpm] Council has adopted a Wastewater Treatment eadMfnn Handling StatuPesaSection 431S1I authorizes the and disposal of sewage In the Metropolitan Area. Commission to acquire, construct, equip, maintain and operate all interceptors and treatment works needed to implement the Council's Wastewater Treatment and Handling Policy Plan. tit • • ,. ,. . The Council and Commission have determined that the Facility is necessary for and shall be constructed pursuant to the Council's Wastewater Treatment and Handling Policy Plan and the Commission's 1992-2010 Implementation Plan. This work is identified as Commission Project Number 92060 the gene al 1.3 QuIssYsi. The City has planned the construction joint use of a single rsowcg pipe to rbe route of the Facility. The City has determined that the the constructed, owned, and operated by the Commission will satisfy neee.sscertain y ndesewerr law anservice needs of City. The Citye�icthat ate in the coat crall che ��n c,f the acillty. to authorise tt p P DEC-02-'93 THU 15:04 ID:METROPOLITAN COUNCIL TEL N0:612/291-6550 13331 P03 DRAFT 1211/93 1.4 Cootructipur The interceptor and trunk sewer can be constructed as a single pipe and the design of the Facility and its construction can best and most economically be undertaken by the Commission. Construction of the Facility will be carried out by the Commission through an agreement with the Minnesota Department of Transportation (hereinafter "MnDO'I"). That agreement will provide that MnDOT will construct the Facility in conjunction with its construction of the Shakopee Bypass with the costs thereof to be billed by MnDOT to the MWCC at the time of construction. After construction, ownership and operation of the Facility will be turned over to the MWCC. SECTION 2. FACILITY CONSTRUCTION AND CAPACITY 2.1 Flans and Specification. The Commission will prepare plans and specifications for the construction of the Facility. The plans and specifications for the Facility shall include adequate design capacity to enable the City's use of the Facility as specified in this Agreement for trunk sewer purposes, as well as use of the Facility as a Commission interceptor. The Commission shall design the Facility to provide capacity for planned growth to the year 2040 of the land within the City tributary to the Facility. This capacity shall be determined on or before Commission approval of the plans and specifications for the Facility. Specifically, the Facility shall, at a minimum, be designed with 17 cubic feet per second peak capacity for City trunk sewer use. The Commission agrees to allow the City to review and comment on the plans and specifications for the Facility so as to insure that adequate trunk sewer capacity is provided. Notwithstanding any other provisions of this Agreement, the Commission shall be solely responsible for approving plans and specifications for the Facility. 2.2 CcultraclAdrninistraticfn. Facility construction will be carried out by the Commission through an agreement with MnDOT. That agreement will provide that the construction project will be completed in accordance with the design plans and specifications described in section 2.1. The Commission retains sole authority to determine whether construction is consistent with the design plans and specifications. SECTION 3. PROJECT FINANCING 3,1 Shared Costs. The Commission and City shall share the costs of constructing the gravity sewer portion of the Facility as set forth in this Section 3. Costs to be shared (hereinafter "Shared Costs") shall consist of the following: A The total of unit price coats for the gravity sewer portion of the Facility as determined by the award to the general contractor on the project on a competitive bid basis. B. A pro rata share of common or project-wide costs (e.g. mobilization, seeding, erosion control, etc.) u determined by the project bid, allocated to the gravity sewer portion of the Facility on the basis of length of that portion versus the -2- DEC-02-'93_ THU 15:05 I D:IiETROPOL I THt 1 COUNCIL TEL HO:612/291-6=O 4331 PO4 DRAFT 12/1/93 length of the entire sewer interceptor as well as rtoiro ata sharessue bf he actual costs incurred by the Council and the Commission Any additions or subtractions to the costs set forth in paragraphs A or B C. /fiy resulting from project change orders. scent of the total costs as determined in paragraphs A, B, and Cengineering, D. Fifteen (15) percent inspection/management, and administrative C as engineering, overhead. E. Construction period financing coats calculated by applying the rate of _ percent from the date of each payment to the general contractor until the date of project completion. Project be the date on which tholetion for the uF�purpose is put this paragraph E(and paragraph 3.3)she into operation. "Shared Costs" aro currently estimated at approodmately S . However, It is expressly agreed by the City that said figure is an estimate only and that actual final Shared Costs will be determined as provided in this section 3.1. agreesto paythe Commission the City's portion of the Shared 3.2 . .itv Port�ua. The City which is proportional to the Costs as calculated as a percentage of the total contpaid too theeFacility al lwtastcwater flow pursuant to the amount of wastewater flow from Shakopee as compared following: A B C D E P G H I The amount so calculated shall constitute the principal portion Share o i the Shared e Coats n FIs hereinafter ere na by the City to as "City with tl:Principal."ovisions of section t 3.4. Thep City shall also pay interest on an the in annual basis to the Commission in accordance with the provisions of section 3.3. 3.3 Intercalate. The City Share Principal shall bear simple interest on thea per annum rate which is equal to unpaid the principal balance from the date of project completion the bonds issued for the project• interest rate charged to the Council and the Co The City shall make payments of City Share principal in 3.4 PY3D�1>�•-P� prepay all or any portion of the accordance with the schedule included as Exhibit B. The City may p p Y outstanding City Share principal at any time. 3.5 t_ Payments under section 3.3 and section 3.4 shall be made DEC-O2-'93 THU 15:06 ICI:METROROLITAN COUtICIL TEL NO:612/291-6550 3:1331 F05 DRAFT 1711/93 payable by certified check to the"Metropolitan Waste Control Commission" at the following address: Chief Administrator Metropolitan Waste Control Commission 230 East Fifth Street St. Paul, Minnesota 55101 3.6 Acceleration of Payments. If any default is made in the payment of any installment principal and/or interest due and owing pursuant to section 3.3 or section 3.4, the Commission may at its option and upon ninety (90) days written notice to the City, elect and declare its intent that the entire unpaid City Share principal amount (plus accrued interest) shall become immediately due and owing. Following delivery of the notice, the City shall be given ninety (90) days, to cure the default, If the City fails to cure the default within the ninety (90) days, and following formal consideration during which the City shall be given an opportunity to state Its position,the entire unpaid City Share principal plus accrued interest shall immediately become due and owing on the first day following the expiration of said ninety (90) day period. 3.7 callKagailliallaang. The parties to this Agreement expressly agree that the City's payment obligations pursuant to this Agreement constitute a charge payable pursuant to Minnesota Statutes, section 473.521. In the event the City falls to make any installment payment or portion thereof, and accrued interest, pursuant to this Agreement, the Commission at its option may recover or collect any such amounts due and owing by one or more of the following methods: A. A deficiency tax levy pursuant to Minnesota Statutes, section 473.521, subs. 4. In such case the City expressly represents and agrees that such charges are a legitimate and necessary charge. B. Addition of the amounts owed to the City's regular sewer bills from the Commission for sewer service, C. By any other appropriate legal proceedings. SECTION 4. OWNERSHIP AND USE 4.1 Qnahip of,,the Facility. The Commission shall be the sole owner of the Facility and shall be responsible for its operation, maintenance, repair, and reconstruction. The Commission shall operate and maintain the Facility in good, working order, and shall preserve and maintain that portion of the capacity of the Facility as described herein for use by the City as a trunk sewer so long as the Facility is needed and utilized by the Commission as an interceptor sewwer. If the Facility is no longer needed by the Commission as an interceptor sewer, the City, the Commission, and the Council may negotiate an agreement to sell or otherwise convey the Facility to the City. The Commission may utilize any portion of the capacity assigned to the City pursuant to this Agreement and not currently being utilized or needed by the City for trunk sewer purposes. The Commission shall not be responsible for construction, operation, maintenance, repair or reconstruction of any connection to the Facility which is not constructed by the Commission as part of Commission Project Number 920601. - 4 . UEC-02-'93 THU 15:07 ID:NETROFOL1TAN COUNCIL TEL NO:612/291-6550 1~331 FE6 DRAFT 12/1193 The City shall be authorized to make use of he Facility as a trunkewer 4'2 � amounts for each section of pipeas indicated on Fxhi for flows not exceeding the following B C D E bit A F 0 H I Comprehensive Plan and Any such use shall be consistent with the efor the Faciliions of ty sarea>smtnbutary annex the o the Facility Comprehensive Sewer Plan, and the design plans lands are brought within the City's urban service area availableforand annicezcd by the City after the date future. Provided, however, that no such use parties on a recalculation of the City's cos of this agreement unless there is agreement among ther nnection permit for all directr share for such additional use. The City shall apply to the Facilityand shall comply with the Commission's technical and engineering er requirements uir event I as paidthe City such connection. All costs of such connections shall be i by teretes as abridging or limiting the depicted on Exhibit A. N°th1II$ in this agreement ' ion's enforcement of Waste Discharge Rules regulating the use of the metropolitan disposal Commlaa system. 43 Igivaignallgl. The City agrees to indemnify and hold harmless cthe Commission, ;s its employees,or agents from and against all claims,damages,lossesfrthe���' of the trunk sewer P feta, attributable to any claims arising out of or resulting nae � attributable to bodily capacity in the Facility provided that any suchclaim,o destruction of,or tangib�property including the ions injury,sickness, disease or death, or to injuryand hold harmless the City, its therefrom. The Commission agrees to indemnify including City, its of use resultingand expenses,employees, or agents from and against all claims, damages, losses fees, attributable to any claims arising out of or r resulting from construction, operation, or maintenance of the Facility, except for any such claimsattributable to the City's use of the trunk sewer capacity in the Facility provided that any such claim, damage, loss, or expense Is attributable sickness,disease or death,or to injury to or destruction of tangible property including to bodily jury, the loss of use resulting therefrom. SECTION 5. RIGHT-OF-WAY ACQUISITION 5.1 . The City shall assist the Commission in acquiring the necessary. ro , rights of entry and other property interests or permits needed for construction of the p within the boundaries of the City. Such assistance shall Facility and that portion of the Facility lying include: S . DEC-02-'93 THU 15:07 I D:I iETROPOL I TA!i COUNCIL TEL NO:612/291-6550 13331. PJ7 DRAFT 12/1193 A. Conveyance to the Commission at fair market value,of the following easements along the final route of the Facility: 1. all sanitary sewer easements now owned or hereinafter acquired by the City', and 2. all sanitary sewer easements on city-owned property which the Commission determines are necessary for construction, operation, or maintenance of the Facility. B. Conveyance to the Commission,without charge,of any easements located on property conveyed by MNDoT to the City as part of the Project which are determined necessary by the Commission for construction, operation, or maintenance of the Facility. C. Approval and authorization for use,without charge, of public rights of way within the City along the final route of the Facility. D. Cooperation with the Commission in acquiring easements or other property interests from governmental subdivisions, business entities and private individuals determined necessary by the Commission for construction of the Facility. 3,2 bilajagam The City stipulates and agrees that construction of the Facility is for a public purpose and that acquisition of property therefore is necessary and authorized by law pursuant to Minnesota Statutes Chapter 117 (1992). SECTION 6. LAND USE PLANNING AND CONTROL 6,1 Grorth Cotrel. In accordance with the Council's Metropolitan Development and Investment Framework and the metropolitan system plans, the City agrees to use its best efforts to prevent the premature urbanization of areas outside the year 2000 Metropolitan Urban Service Area. Specifically, the City agrees that it shall do and perform the following on or before January 1, 1996: A. Submit to the Council for review a comprehensive plan or comprehensive plan amendments, including a comprehensive sewer plan, to comply with the following provisions of this Agreement. Amendments to the City's comprehensive plan shall be submitted to the Council for review pursuant to the Metropolitan Land Planning Act following approval by the City's planning commission and after consideration but before final approval by the City's governing body to meet the following objectives! 1. A provision designating a reconfigured year 2000 urban service area containing no more than 2311 acres of vacant developable land which includes platted lots and undeveloped portions of certain large industrial holdings, but does not include lakes, streams, or other waterbodies, wetlands, floodplain, and other lands used for public purposes as mutually agreed to by the City and the Council. Because the City's supply of vacant developable land within - 6 - DEC-OZ-'93 THU 15:08 I Li:HETPOPOL I TAN u_I L TEL IIO:61? '291-6550 X331 P©8 DRAFT 12/1193 the urban service area is sufficient to meet the eman urban future development beyond the year 2000, the e pr18a yearcres of industrial land rvice area will include a land trade taking out of the urban service area, asorve the de nd to serve for residential on Exhibit C, and adding approximately 360 acres of residential l development. 2. A provision regarding the existence of the Facility which will ensure conformity with metropolitan system plans. 3. A provision that the City will not exceed the Council's year 2000 sewer flow allocation of , annual average flow or such final sewer flow allocation as ay resultmentFramework or he successorto frevisions to the rom Metropolitan that document. Development and Investment 4. A provision designating rural se he density standards g dards of one residential unit per ten (10) acres consistent a. In those sections of the City where, as of the date of this agreement, the number of existing dwelling units, developable lots shown in preliminary or final plata approved by the City as of the date of this agreement and unsubdivided parcels exceeds the one (1) unit per n (10) acre density computed on the basis of 640-acre parcels (sixty-fou (64) units per six hundred and forty (640) acres), •developable lots shown in preliminary or final plats approved by the City as of the date of this agreement may continue to be developed as zoned and platted; •unsubdivided parcels of ten (10) acres or greater may continue to be platted and/or developed provided that the parcel meets the one (1) unit per ten (10) acre density standard; •developable lot' shown in preliminary or final plata approved by the City as of the date of this agreement and unsubdivided parcels must meet the conditions contained in the Appendix entitled 'Criteria for Council Approval of Local Plans that are Inconsistent with MDIF Rural Area Policies' to the Amencinsenct to the Metropolitan Development and Investment Framework, Policies for the Rural Service Area, adopted by the Council on December 5, 1991. The Council encourages communities to allow lot sizes of less than 2.5 acres consistent with rural development standards to better provide for clustering of development to more efficiently provide future urban services. This provision shall apply to sections 9, 13, 18, 19, 24, 30, and 32 in the City. - 7 - DEC-02-'93 THU 15:09 ID:I1ETPOPOLITA1 COUNCIL TEL N0:612.291-55'0 7~331 F09 DRAFT 12/1!93 b. In all rural area sections where, as of the date of this agreement, the number of casting dwelling units, developable lots, and unsubdivided parcels is leis than one (1) unit per ton (10) acre density the city must adopt policies and official controls consistent with the Anendments to the Metropolitan Development and Investment Framework, Policies for the Rural Service Anna, adopted by the Council on December 5, 1991. 5. A description of adopted on-site sewage disposal ordinance provisions consistent with applicable requirements set forth in the Council's Water Resources Management, Part 1, Wastewater Treatment and Handling Policy Plan. 6. A policy and ordinance adopting the Council's Interim Strategy to Reduce Nonpoint Source Loading to the Minnesota River. Within 30 days following the completion of review of the comprehensive plan or comprehensive plan amendment by the Council, the City agrees to adopt the above- described comprehensive plan amendments. Notwithstanding any other provisions of this Agreement, no use of the Facility as a trunk sewer shall be permitted until the City has finally adopted the above-described comprehensive plan amendments following the completion of Council review. B. Within one year following the date of this agreement, the City agrees to transmit to the Council a description and analysis of the difference between the City's comprehensive plan and its zoning ordinance provisions with respect to items A (1 through 3) above and a method approved and adopted by the City for reconciling the two which is acceptable to the Council, if different from one another with respect to land use types, densities, and urban service timing and staging. The City further agrees that by January 1, 1996, it shall repeal or appropriately amend any official control or fiscal device that is in conflict with items A (1 through 3) above of Its comprehensive plan. C, The City agrees to use its best efforts to work with Scott County to limit the spacing of access points on County Road 18 consistent with the Minimum Access Spacing Guidelines included as Exhibit D to this agreement and incorporated as part of this agreement. The City further agrees that it will follow Scott County's recouuncndation, if any, following the County's review of plats for access to County Road 18, 6.2 Daus ji.6_1.14.1cns ____ADaluailliarg. Future changes to the urban service area must occur under the applicable requirements and procedures of the Metropolitan Development and Investment Framework or the successor to that document as it is revised over time. The Council agrees that, as consistent with Council policies, if the City gets the planned household and job growth and needs additional land within the Metropolitan Urban Service Area, expansions of the Metropolitan Urban Service Area will be granted in areas where metropolitan systema are not adversely impacted. 63 Ceu,ty Road 2. Following the City's compliance with section 6.1(A) of this - 8 - DEC-02-'93 THU 15: 10 ID:METROPOLITAN COUNCIL TEL NO:612/ 1-6550 tt331 P10 DRAFT 1211193 agreement and the Council's review and acceptance of Scott County's TransportationTrtt ntiPlan which limits the spacing of access points on County� 18or direct City,the � between �� 18 and and the Council will approve, the controlledrequest the new County Road 18 in Shakopee (south of the Trunk Highway 101 By-pass). SECTION 7, SANCTIONS FOR BREACH OF CONTRACT 7.1 jWlttions on Cita RIQbt to list. It is expressly agreed that in the event that the City commits a material breach or violation of any provision of this Agreement, the Council or Commission may, following formal consideration during which the City shall be given an opportunity to state its position, delay or limit the City's right to use the Facility for trunk sewer purposes or take such other action as may be appropriate, provided, however, the Council or Commission shill not disconnect any connection by the City to the Facility for which a connection permit has previously been granted pursuant to Section 4.2 of this Agreement. Prior to any such delay or limitation, the City shall be given a reasonable time which shall not be less than ninety (90) days after Not in writing of the claimed violation, to achieve compliance with the terms of this Agreement. �g herein shall be construed to remove or modify the liability of the City under Section 3 of this Agreement. Notwithstanding the provisions of this Section 7.1,the City shall have)the right to initiate such action or actions that the City shall deem appropriate requesting a judicial determination of whether a material breach or violation of any provision of this Agreement has occurred and, if so, whether the delay or limitation on the City's right to use the facility for trunk sewer purposes as imposed by the Council or Commission or any other action taken by the Council or Commission is appropriate and equitable under the circumstances. 7.2 Design of FsKility. Upon any breach of this Agreement by the City, the Council and Commission may determine to design the Facility without capacity for the City,and/or take such other action as may be appropriate with respect to the design of the Facility. 7.3 Did Sttgulat(2us. To assist in the enforcement of Section 6 of this Agreement, the parties hereto agree and stipulate to the following lidding of fact: Any amendment to the City's comprehensive constitutes� � avi�cantial dn that eparture fromoes not pametropolitan with the tem ions of Section 6 of this Agreement plan within the meaning of Minn. Stat. 473.175. The parties hereto have entered this Agreement in express reliance on the above-stated facts and the parties shall be estopped from denying or contesting the truth of said facts. It is expressly agreed that if the City fails to perform the tasks specified in Section 6 of this Agreement, the Council may obtain a court order under Minn. Stat. 473.175 requiring the City to perform those actions specified in Section 6 of this Agreement. No action or inaction by the City pursuant to any order, judgment or decree of any court, governmental or administrative agency shall constitute a violation on the part of the City of any provision of this Agreement, provided that if the City cannot meet its obligations pursuant to Suction 3 because of such order,judgment, or decree, the Council and Commission shall have no obligation to provide trunk sewer service to the City under this Agreement. 7.4 Clty'e Remed1e$. It is expressly agreed that in the event that the Council or • 9 - DEC-02-'93 THU 15: 11 ID:METROPOLITAN COUNCIL TEL HO:612%291-6550 «331 P11 DRAFT 1211193 Commission violates any of the provisions of this Agreement, the City may, in addition to any other remedy at law, seek specific performance of this Agreement. IN WITNESS WKEREOF, the parties hereto have executed this Agreement on the day of , 1993• Approved as to form METROPOLITAN COUNCIL By Assistant Counsel Chair By Executive Director Approved as to form METROPOLITAN WASTE CONTROL COMMISSION By Chair By Chief Administrator Approved as to form CITY OF SHAKOPEE By City Attorney Mayor By City Administrator By City Clerk - 10 - • DEC-02-'93 THU 15: 11 ID:METROPOLITAH COUNCIL TEL NO:612'291-6550 p331 Prf---- DRAFT 32!1/93 EXHIBIT A - 11 - DEC-02-'93 THU 15:12 ID:METROPOLITAH COUNCIL TEL N0:612/291-6550 12331 P13 DRAFT 12/1/93 EXHIBIT B • • 12 - UEC-02-'93 THU 15: 12 ID:I1ETROPOLITAN COUNCIL TEL NO:612/291-6550 4331 P14 ,IINIIMMINIIIIIMI... - ... iNailIPOIWINI • . q A :, 1;1 1 • • . • • IIM{ 1,12,..r....,._.. .._._,:____. / I w IA i. 1. II ;��; ► • 111 • awes< .»- • till .7...# 4.111Ik l; 1r • 1 a >,i. I 401#Awa . . 404 , .. ....,,i; , I! •• : ' 1 p 1I. • 17 !„ I t dill . t , ; ; i �_,' j � �, i : ;; i • Al . 'j ,if , ..' ••' i. ,'� 1 rte : V � I`1 • • s:.i. C '41 • i } ! . .,.: .„. ...: Y 'i..c. : , ,..t. • r • lA ii . ' .;.'...,, .', ' • • T .:.1:-.`-',.::."It,' ,'. I• • .711/1 J!i,.:1'...1,' • 1 Y.'01.t.'.:::1..e.1 W . ' . .,,..*IC ,;: ---"*---7 V. 41 L / . . i, 1 IMi ..q.: •%.,..... -J- '1,..:;:...:1..,...:4 1.G I ��.--_-�-;/. I._—•. _ 1 II • .M ,I•.H• ''.. -.I. • - • •.' . DECt-02-'93 THU 15: 13 I D:HETPDFOL I TPH COUNCIL TEL NO:612/291-6550 p331 P15 IDRAFT 5 II 1 ' 1 fli 1 11 mli ill limnBID t ' . 1 I I I fob . • . E I 1 ! I ! Ill NI I 0 5. AL' To w 1 1 I I P P il - i: 1 i , s 3 51N sU i 1 ill ilg SIB 1 . b 1 as 1 I P p it f 0h ill ! • I 3 2 80 2 3 _ % ti 0 1 s1g I g1 ii II q ti ii I W o i : a h1 41 1, 1 NI LA N 8 . 1 - g , 11, < 1 1 li II fi II 11 I IR , n i 3i illa Id ! II . 4411 i 1 1 of- v P P l' I ! !el i 1 1 lif Ili di di II! lith4 ' WO 1 Iiiilill i' t! 11 II iiii ) 141 ri0 ii 1 11 1 1 1 ' ii111 ) 11 !, 21 A i M d d W w Og ] 4-44ui /5 9-- • MWCC COST SHARING OPTIONS VARIABLES A - MUSA Plan #1 (17 cfs), 1st City connection @ Point B B - MUSA Plan #1 (17 cfs), 1st City connection @ Point D C - MUSA Plan #2 (15 cfs), 1st City connection @ Point B D - MUSA Plan #2 (15 cfs), 1st City connection @ Point D City Cost City Cost After Credit A $5.3 Million $4.0 Million B $4.9 Million $3.6 Million C $4.2 Million $2.9 Million D $3.9 Million $2.6 Million MUSA Plan #1 - Development from West to East MUSA Plan #2 - Development from East to West All options will receive a $1.325 Million credit for diversion sewers to avoid MWCC from replacing their interceptor along T.H. 101 (7023). See attached map for connection points to MWCC Interceptor. David E. Hutton December 7, 1993 N 1000 0 1000 2000 .7000 ,'�7.1.. .."k"--,12/ /,. 3s w_ a.tox f �v �� / '", �q °"q "",, g4� i� � f ff, Al •. ] ......,. 4t4.1.11.--- 1 A A . I „:.,....................................... 1 1 'h. - 74%,-,.... ..;$‘0. i r a tfes_...., I -Ai,, - • • ---- ..4 a i•m i•i i 1 i i II i piliv I iiiiMMONIMIPTI 7 •:• • i 30- f4a t im., 4.,y U 1, .;a�,.,S !,4 �......., 'r - "0K''''st. , ' ' ;,,„efe` , ......„ “i,i-,Mitrini.41., 4iiii .''.%#,211..- it~ pr uQ4i e� i Tfir V f i gam,, • r ��- SOUTH CORRI] PLAN A & PLA FORM STATION —WAY ATION N Figur* No. I SES — CENTRAL AND SOUTH CORRIDORS 6-6 i /3A.14581 c� 5909 BAKER ROAD.SUITE 590,MINNETONKA.MN 55345 612931-9501 FAX 612 93 1-1 188 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION October 12, 1993 RE: Shakopee, Minnesota Miscellaneous Services Trunk Sewer Alternatives for South Shakopee SEH File No.: SHAK02423.00 Dave Hutton, P.E. City Engineer/Director of Public Works City of Shakopee 129 South Holmes Street Shakopee MN 55379 Dear Dave: You had requested that SEH further explore what options might be available to the City of Shakopee should negotiations with the MWCC and Met Council fail relative to cost-sharing of the gravity Chaska Interceptor. Work done by SEH during the negotiations provided certain information. Cost estimates were also prepared for a South Shakopee interceptor sewer system, along the TH101 Bypass from the Prior Lake Interceptor westerly to County Road 17, as part of the Comprehensive Sanitary Sewer Plan. With this information as background, we further evaluated what options the City of Shakopee might have. The range of options includes the following: Alternative A This alternative addresses service only to the current MUSA boundary. Urban residential land demand would need to be satisfied by land use and zoning changes creating urban residential property out of vacant industrial or commercial property already within the MUSA boundary. The land within the current MUSA boundary can be serviced without using the proposed Chaska Interceptor. Trunk sewer extensions need to be made (VIP and Rahr Malting) along with other local extensions. In addition, the MWCC will need to upgrade Lift Station L-16 and the forcemain, MWCC Interceptor 7024. As the area tributary to MWCC Interceptor 7023 (Shakopee Interceptor) reaches saturation, this interceptor would become surcharged and would need to be supplemented at a cost of $1.2 million as estimated by the MWCC. The City would not need to construct the VIP diversion, but would need to construct a crossing of the TH101 Bypass at County Road 17 to serve Sewer Districts VP-H and SS-I. The lift station at the east end of 12th Avenue and the lift station at Secretariat Drive would need to be kept in operation. An additional lift station servicing Sewer District VP-I north of CSAH16 and west of Secretariat Drive would need to be constructed. The components and approximately costs for Alternative A are listed in the attached cost summaries. SHOP"E_LIOTT6'=- SO' HEND= ^SON INC ST PAUL.MN ST CLOUD.MN C-='EWA FA___ :: • Dave Hutton, P.E. October 12, 1993 Page 2 Alternative B In order to accommodate development of any of the Jackson Township property north of the Bypass or any additional land south of the Bypass and west of the Prior Lake Interceptor,the VIP diversion and additional trunk and interceptor sewers would be needed. Alternative B assumes an MWCC gravity interceptor is constructed. This alternative would provide maximum service to the County Road 17 area. The service area could extend southerly to include Sewer Districts SW-E and SW-F, or instead of SW-E and SW-F, include part of Jackson Township south of the Bypass. MWCC cost-sharing alternatives assume some service to Jackson Township. The City's cost for a gravity Chaska Interceptor will be better defined upon completion of the Comprehensive Plan and receipt of bids on the interceptor. Alternative C Alternative C assumes that the MWCC builds a forcemain all the way to the Prior Lake Interceptor, with the City constructing the South Shakopee Interceptor Sewer as shown on the April 5, 1993, "City of Shakopee Ultimate Trunk Sanitary Sewer System" map. This alternative would serve the "ultimate" service area including Jackson Township, most of which would be developed after the year 2040. Alternative D Alternative D is similar to Alternative C,but would not serve any Jackson Township property south of the TH101 Bypass. Alternative E Alternative E serves the same area as Alternative D. However, this alternative uses a shallow pipe making a lift station necessary to service approximately half of Sewer District SS-F and it does not eliminate the two existing lift stations north of the TH101 Bypass. Alternative E is more practical to construct than Alternatives C and D due to its shallower depth near an 8" gas main. Alternative Comparisons Some of the cost summaries are fairly accurate (feasibility study accuracy), while other cost estimates are less accurate and were generated purely for purposes of this quick comparison. The present worth analysis for the operation and maintenance costs on the lift stations is based on the previous analysis done for the lift station at Secretariat Drive. The present worth for the construction projects is the same as the project cost, indicating an assumption of all components being constructed in the same year, or the interest rate matching the construction cost inflation rate. No present worth was assigned for O&M costs on the gravity sewers. No easement costs were included. Dave Hutton, P.E. October 12, 1993 Page 3 Review of Alternatives B, C, D, and E indicates that the present worth of Alternatives B and E are the lowest and,for all practical purposes,the same. Alternative E has the lowest initial project cost and the cost of constructing a lift station for Sewer District SS-F would be delayed until such time as needed. However, there are negative impacts of ownership and maintenance of three lift stations that do not show up as cost items. Alternative B removes any lift station ownership responsibilities and, in fact, most of the ownership responsibilities of the entire interceptor system. Considering all of the foregoing, it appears that Alternative B would be in the overall best interest of the City. However, if negotiations on the gravity Chaska Interceptor should cease and the MWCC builds a forcemain all the way to the Prior Lake Interceptor,Alternatives C, D, and E all provide for future growth, with Alternative E being the most cost effective. We'll be happy to meet with you or others to more fully explain the background information behind the alternatives presented and the comments provided above. If you require anything further, please feel free to call. Sincerely, Short Elliott Hendrickson Inc. f=- L7 r1 rl L x Daniel R. Boxrud, P.E. ymb Alternative A Service to Current MUSA Item - City Costs Project Cost Present Worth VIP Interceptor Extension $380,000 $380,000 Rahr Forcemain 300,000 300,000 TH101 Crossing at C.R.17 200,000 200,000 O&M 12th Avenue L.S. NA 99,360 O&M Secretariat Drive L.S. NA 99,360 L.S. for VP-I 32,000 32,000 O&M L.S. for VP-I NA 99,360 VIP Diversion NA NA SSIS, Prior Lake Interceptor to C.R. 16 NA NA SSIS, C.R. 16 to C.R. 17 NA NA SSIS, C.R. 17 to C.R. 79 NA NA Sewer to Eliminate Secretariat Dr L.S. NA NA L.S. for SS-F NA NA O&M L.S. for SS-F NA NA City Share of MWCC Alternative 3B NA NA Less Credit for Diversions [S133.000] 0 0 Total $912,000 S1,210,080 'This has not been discussed with Metropolitan Council or MWCC. No joint City-MWCC project to credit against, assume no credit. i_ i Alternative B MWCC Gravity Interceptor Item - City Costs Project Cost Present Worth VIP Interceptor Extension $380,000 $380,000 Rahr Forcemain 300,000 300,000 TH101 Crossing at C.R.17 NA NA O&M 12th Avenue L.S. NA NA O&M Secretariat Drive L.S. NA NA L.S. for VP-I NA NA O&M L.S. for VP-I NA NA VIP Diversion 570,000 570,000 SSIS, Prior Lake Interceptor to C.R. 16 NA NA SSIS, C.R. 16 to C.R. 17 NA NA SSIS, C.R. 17 to C.R. 79 - Urxlrudf a- 391,4101 391,4101 Sewer to Eliminate Secretariat Dr L.S. 130,000 130,000 L.S. for SS-F NA NA O&M L.S. for SS-F NA NA City Share of MWCC Alternative 3B 4,891,780 4,891,780 Less Credit for Diversions [1.325,863] [1,325,863] Total $5,337,327 $5,337,327 'Difference in estimated cost between MWCC Alternatives 3A and 3B. /V) //J -.445.r. : i' Alternative C MWCC Forcemain with City Constructing SSIS as Shown on April 5, 1993, Drawing - Serves "Ultimate" Service Area Item - City Costs Project Cost Present Worth VIP Interceptor Extension $380,000 $380,000 Rahr Forcemain 300,000 300,000 TH101 Crossing at C.R.17 NA NA O&M 12th Avenue L.S. NA NA O&M Secretariat Drive L.S. NA NA L.S. for VP-I NA NA O&M L.S. for VP-I NA NA VIP Diversion 570,000 570,000 SSIS, Prior Lake Interceptor to C.R. 16 (60") 5,300,000 5,300,000 SSIS, C.R. 16 to C.R. 17 950,000 950,000 SSIS, C.R. 17 to C.R. 79 (36") 700,000 700,000 Sewer to Eliminate Secretariat Dr L.S. 130,000 130,000 L.S. for SS-F NA NA O&M L.S. for SS-F NA NA City Share of MWCC Alternative 3B NA NA Less Credit for Diversions [$1,325,863] 0 0 Total $8,330,000 $8,330,000 'This has not been discussed with Metropolitan Council or MWCC. No joint City-MWCC project to credit against, assume no credit. Alternative D MWCC Forcemain with City Constructing SSIS as Shown on April 5, 1993, Drawing, Except no Service to Jackson Township south of TH1O1 Bypass Item - City Costs Project Cost Present Worth VIP Interceptor Extension $380,000 $380,000 Rahr Forcemain 300,000 300,000 TH101 Crossing at C.R.17 NA NA O&M 12th Avenue L.S. NA NA O&M Secretariat Drive L.S. NA NA L.S. for VP-I NA NA O&M L.S. for VP-I NA NA VIP Diversion 570,000 570,000 SSIS, Prior Lake Interceptor to C.R. 16 (48") 4,400,000 4,400,000 SSIS, C.R. 16 to C.R. 17 535,000 535,000 SSIS, C.R. 17 to C.R. 79 (18") 350,000 350,000 Sewer to Eliminate Secretariat Dr L.S. 130,000 130,000 L.S. for SS-F NA NA O&M L.S. for SS-F NA NA City Share of MWCC Alternative 3B NA NA Less Credit for Diversions [S1,325,8631' 0 0 Total $6,665,000 $6,665,000 'This has not been discussed with Metropolitan Council or MWCC. No joint City-MWCC project to credit against, assume'no credit.` r Alternative E MWCC Forcemain with City Constructing a Shallow SSIS to Serve only Shakopee and not eliminate Two Existing and One Future Lift Station Item - City Costs Project Cost Present Worth VIP Interceptor Extension $380,000 $380,000 Rahr Forcemain 300,000 300,000 TH101 Crossing at C.R.17 NA NA O&M 12th Avenue L.S. NA 99,360 O&M Secretariat Drive L.S. NA 99,360 L.S. for VP-I NA NA O&M L.S. for VP-I NA NA VIP Diversion 530,000 530,000 SSIS, Prior Lake Interceptor to C.R. 16 (36") 2,600,000 2,600,000 SSIS, C.R. 16 to C.R. 17 535,000 535,000 SSIS, C.R. 17 to C.R. 79 (18") 350,000 350,000 Sewer to Eliminate Secretariat Dr L.S. NA NA L.S. for SS-F 100,000 100,000 O&M L.S. for SS-F NA 150,000 City Share of MWCC Alternative 3B NA NA Less Credit for Diversions [$1,325,863]' 0 0 Total $4,795,000 $5,143,720 'This has not been discussed with Metropolitan Council or MWCC. No joint City-MWCC project to credit against, assume no credit.` COST SUMMARY OF SEWER OPTIONS AVAILABLE TO THE CITY Alternative A - No MUSA Expansions $ 500,000 Alternative B - Alt. 3A by MWCC $4,000,000 w/City using Chaska Interceptor Alternative C - No Chaska Interceptor $7,000,000 Alternative D - No Chaska Interceptor $5,400,000 Alternative E - No Chaska Interceptor $3,800,000 12U7 93 16:21 $'6125555969 KR.tSS & Mft\ROE 1JU02:UO2 r . 1'.:JLf K rrt•�t .pli.cci ///yyy 7:r::rdlq l= \Ircn�h.m t Wink; }l;ad: 1 >Ivan:s•• RAS S 104:1 k AI't ih.t na.n Rim'n Mom (-, 1)1a1r1 i CAh MIj \ J1f c:uF O. laahr.�r r:a(VAnr- :.i i.. r,3r:rrrti' J(;ayr S l.c:.:fcld U'w Hrch.;%1 i Osh;rnt December 7, 1993 VIA FAC$IMILE 445-6718 City of Shakopee Attn: Dennis Kraft • Re: Shakopee 500 Property Honorable Mayor and City Council : We understand that tonight you will begin discussing the contract with the Metropolitan Council involving the Chaska Interceptor. We would very much like to have an opportunity to present some thoughts , concepts and plans for the utilization of some of the MUSA capacity that may be available under that contract to begin development of our property. If you would allow us to, we would like to make such a presentation at your next meeting. Thank you for your consideration. Very truly yours, BRASS MONROE & MOXNE S S CHARD Dh,(10,40 8. Kc& Phillip R. Krass Attorney at Law PRK6W •S,L3 I I•,gtI( 1III I'.Sum. 1 it xi, Ib ill 11x1 .;;ia1 11171,114)4v Ib121 IRO-5999F•\\lta:f ftH .'•!K;!t •t.,77n.o Crn M Arrmilaa t I...Mmnu:.1 V. "": •'J`a•�aNJW+a, i.Jl(unw +N:-�atwrraJ.l S.01 MAIL. DEC—t�7-1993 15 24 6128855969 95Z P•2 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer Pilo) SUBJECT: Vacation of Pierce Street from 3rd Avenue to 4th Avenue DATE: November 30, 1993 INTRODUCTION: Attached is Resolution No. 3910, a resolution initiating the vacation of Pierce Street from 3rd Avenue to 4th Avenue and setting a public hearing for January 4, 1994, and Resolution No. 3909, a resolution setting a public hearing on the proposed improvements to Pierce Street on January 4, 1994. BACKGROUND: During discussion on the 1994 - 1998 Capital Improvement Program, the City Council deleted the reconstruction of Pierce Street and ordered staff to prepare a feasibility report for vacating Pierce Street from 3rd Avenue to 4th Avenue. This report has been completed and is attached for City Council review. The feasibility report recommends vacating Pierce Street and constructing an alley from 3rd Avenue to the existing alley to provide access to adjacent property owners. (Option No. 4 in feasibility report). Staff will give a short presentation on all options outlined in the feasibility report at the City Council meeting. On November 29, 1993 staff held an informal neighborhood meeting to solicit comments from residents in the area. The vacation process requires that Council adopt a resolution initiating the process and setting a public hearing on the vacation. Prior to the hearing, staff will obtain comments from the Planning Commission and relevant City Departments. These comments will be forwarded to City Council for review. If Council moves to vacate Pierce Street, a separate public hearing would be required to consider any improvements, as a result of the vacation, which may be assessable. If there are to be no assessments, the second public hearing is not needed. If the Council desires, the hearing to consider the improvements and estimated assessments can take place on the same night as the vacation hearing, provided it occurs subsequent to the vacation hearing. The assessment amounts can be made available as soon as Council selects a vacation option. Staff could prepare the estimated assessments for all options in the vacation report and have those available at the combined vacation/improvement hearing. Attached is Resolution No. 3910 which sets the vacation hearing for January 4, 1993 and also Resolution No. 3909 which sets the improvement hearing for the same night. ALTERNATIVES: 1. Adopt Resolution No. 3910, setting the vacation hearing. 2. Deny Resolution No. 3910. 3. Adopt Resolution No. 3909, setting the improvement hearing. 4. Deny Resolution No. 3909. RECOMMENDATION: Staff recommends Alternative No. 1 and Alternative No. 3. Staff feels that it would be best to hold a single public hearing for both issues. ACTION REQUESTED: 1. Offer Resolution No. 3909, A Resolution Calling a Hearing on an Improvement to Pierce Street from 3rd Avenue to 4th Avenue, Project No. 1994-5 and move its adoption. 2. Offer Resolution No. 3910, A resolution Initiating the Vacation of Pierce Street from 3rd Avenue to 4th Avenue Except Alley, Original Plat of Shakopee, Scott County, Minnesota and move its adoption. 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IO'IDKf1OD AID'Mit AS A'IOSa 11138 1110,4a113311`MOM •aadcoimis Jo quid Flippo `£b )iooig pur Zb Nooig 3o Rug tp tou alp ut Sallr ppm 2ooJ 91 r un ai satlstnn liounoD DD 00do3FggS atp'svalragm puu `uanp aq lsnut joaiatp aouou palsod pug patistlgnd qaam on3 pure uaNulaq ueo not}ott tions aiojaq petl aq lsnuz 2ul recti otlgnd `SvaIggM pure `.lsaiani Jo asn otlgnd ou sanaas anuanV anuaiw pi wag `�aaus aaaatd Imp pounoc ADD aadoNetis atp of madde apeut uaaq seri It `gyagaHM 1 osauuJAJ `A3unoa joz 4aadomeqs jo laid IEIH !JO Achy jdaaxa anuaAA qjl o; anuaA' PIE moag baa qs 33.1aid ;o UO9e3EA aqj 2uijemul uouniosag V 016£ '0M NOL1111OSIUI FEASIBILITY TO CONSIDER THE VACATION OF PIERCE STREET FROM 3RD AVENUE TO 4TH AVENUE CITY OF SHAKOPEE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. de,p . Date 2A/P— Registration No. 19133. December 1993 TABLE OF CONTENTS ITEM PAGE NO. Introduction 1 Background 1 Proposed Improvements 2 - 4 and Description of Options Estimated Costs 4 Assessments and Funding 5 Recommendation 5 Conclusions 6 Appendix INTRODUCTION This report evaluates the feasibility of vacating the right-of-way for Pierce Street from 4th Avenue to 3rd Avenue. The feasibility is based on the magnitude of the impacts of vacation and the costs associated with vacating right-of-way. BACKGROUND The existing Pierce Street from 3rd Avenue to 4th Avenue is in extremely poor condition. The pavement is cracked, raveled and in some cases missing all together. There is no curb and gutter, driveway or sidewalk in this block. It does not appear that this street was constructed to any accepted street standards. There is alley access to the east and a dead-end alley to the west of Pierce Street. A major problem with Pierce Street is the exceptionally steep grade (in excess of 20%). Reconstructing the street with such a grade is likely to be very costly while providing little benefit. Pierce Street currently experiences little through traffic, and has only two residences which use the street for access via the alley on the west. This block of Pierce Street connects an industrial area to the north with a residential area to the south. If the right-of-way were vacated, this would serve as a buffer between the industrial and residential areas (See zoning map in the Appendix). The vacation of Pierce Street would cause an access problem for properties to the west of Pierce Street which would have to be addressed as part of the vacation process. The existing alley right-of-way to the west of Pierce Street is 8 foot wide and extends from Lot 5 to Lot 3. The alley to the west of Lot 3 has been vacated. The vacated alley and extremely steep terrain to the west of Pierce Street eliminates the option of connecting the alley to Webster Street to provide access for Block 42. The existing alley does not conform to current minimum width requirements (16 feet for right-of-way, 12 feet for driving). U.S. West has indicated that they have telephone utilities in Pierce Street and the alley in Blocks 42 and 43. Minnegasco has indicated that they have gas main crossings in the alley and at the south side of 3rd Avenue. 1 Shakopee Public Utilities has overhead electric lines running east and west along the alley. They _ have maintained a utility easement through the vacated alley to the west of Pierce Street. There are no sanitary sewer, storm sewer or water utilities within the Pierce Street right-of-way between 3rd Avenue and 4th Avenue. PROPOSED IMPROVEMENTS This report has identified five options for vacating Pierce Street from 3rd Avenue to 4th Avenue and providing access for the residents using this roadway. Since the focus of the report is to vacate Pierce Street, reconstructing Pierce Street was not considered as an option. If vacating Pierce Street is not found to be feasible, other options such as reconstruction can then be considered. A map of each option has been included in the Appendix. OPTION NO. 1 VACATE PIERCE STREET FROM 3RD AVENUE TO 4TH AVENUE AND EXTEND THE ALLEY FROM SHUMWAY STREET TO THE WEST With this option, the City would retain 16 feet of right-of-way for the alley to extend east-west through the present Pierce Street right-of-way. Access to the west of Pierce Street would be provided via the alley to Shumway Street. This would create an alley that is approximately 560 feet long. The City Planner has indicated that a long alley would not cause a safety issue since the lots in Block 42 have emergency access from 4th Avenue. The City Code calls for dead end alleys to have a turn around whenever possible. The 8 foot wide right-of-way at the end of the alley prohibits the installation of a turn around. The impact would be that snow and garbage removal vehicles would have to back out of the 560 foot long alley. It is recommended that the new alley section be constructed as a gravel alley with 6" of Class V and that the existing alley west of Pierce Street be redone to a 6" Class V surface. 2 OPTION NO. 2 VACATE PIERCE STREET FORM 3RD AVENUE PIERCE STREET V E ANDVACATE THE ALLEY TO THE WEST With this option the City would have to provide access to the lots to the west of Pierce Street in the form of private driveways. The options for driveway locations are somewhat limited. The steep topography in the area prohibits access onto 4th Avenue. The most feasible solution is to make the existing alley to the — west of Pierce Street into a private drive to provide access. This report recommends constructing 2" thick bituminous driveways to the existing garages and — constructing the alley extension with 6" of Class V. The work on private property would require a temporary construction easement. — The City would need to retain drainage and utility easements to provide access to utilities in the area. — This option would also create a dead end alley in Block 43. - OPTION NO. 3 VACATE PIERCE STREET FROM 'i RE SOUTH EDGE - OF THE ALLEY TO 4TH This option would require the City to reconstruct Pierce Street from 3rd Avenue to the alley. The street would be constructed to a 36 foot width with 6" of Class V, 1 1/2" bituminous base and 1 1/2" bituminous wear. Concrete curb and gutter would also be added to help prevent erosion. Access would be maintained for all residents and a dead end alley in Block 43 would be avoided. (See Option No. 2). The City would need to retain drainage and utility easements through the — vacated section of Pierce Street. The option of reconstructing the south half of Pierce Street was considered, but was eliminated — due to difficulties with plowing and maintenance. 3 _ OPTION NO. 4 VACATE PIERCE STREET FROM 3RD AVENUE� TO SOUTH EDGE AND RETAIN 16 FOOT OF RIGHT-OF-WAY OF THE ALLEY TO 3RD AVENUE Option No, 4 is basically the same as Option No. 3 except the City would be constructing an alley rather than a street. Due to the steep grades it is recommended that the alley be paved to avoid erosion. OPTION NO. 5 VACATE PIERCE STREET FROM 3RD AVENUE TO 4TH AVENUE AND RETAIN 16 FOOT RIGHT-OF-WAY FROM 3RD AVENUE TO 4TH AVENUE With this option the existing Pierce Street would be replaced with an alley. This would maintain current access levels while being less expensive than reconstructing the entire street. Due to the steep grade it is recommended that the alley be paved to avoid erosion. COST ESTIMATE Listed below are the estimated costs for each proposed improvement option. These costs include the construction costs as well as a 10% contingency and 25% engineering and administration costs. A detailed cost estimate for each option has been included in the Appendix. Option No. 1 $ 3,114.38 Option No. 2 $ 4,063.13 Option No. 3 $14,348.13 Option No. 4 $ 7,404.38 Option No. 5 $11,811.25 4 FUNDING/SPECIAL ASSESSMENTS The five proposed improvement options detailed herein can be divided into three categories to discuss funding and special assessments. A table with estimated assessment amounts has been _ included in the Appendix. Category 1: Gravel Alley Construction Options 1 and 2 fall into this category. The current Special Assessment Policy does not specifically cover the construction of gravel alleys. It is felt that the construction of a gravel alley does not constitute an "improvement" but rather a "remedy" for an otherwise undesirable situation. As such, gravel alley construction does not qualify for assessment under Section 2 of the Special Assessment Policy. This means that Options 1 and 2 would be 100% funded by the Capital Improvement Fund. _ Category 2: Street Reconstruction Option 3 falls into this category. The current Special Assessment Policy calls for assessing 25% of street reconstructions. The remaining 75% would be funded from the Capital Improvement Fund. Category 3: Paved Alley Construction in Existing Street Right-of-Way Options 4 and 5 involve constructing paved alleys instead of reconstructing the existing roadway. As such it is felt new alleys in existing roadways should be assessed as a street reconstruction (25% assessed) rather than as a paved alley construction (100% assessed). RECOMMENDATION The intent of this report is to determine the feasibility of vacating Pierce Street from 3rd Avenue to 4th Avenue and, if feasible the best way to do so while maintaining access to the surrounding property owners. With the options provided it does seem feasible to vacate Pierce Street with minimal impact on residents of the area, although further discussion on the best option is needed. Option No.'s 1 and 2 are the most cost effective, but pose the most problems with access and maintenance. The excessively long dead end alley in each option makes them undesirable, even though they are the least expensive options. Options 3, 4 and 5 all provide adequate access to 5 _ the area while avoiding dead end alleys. Of these options, No. 4 is the least expensive. It is felt that Options 3 and 5 provide little additional benefit over Option No. 4 for the extra expense. This report recommends vacating Pierce Street from 3rd Avenue to 4th Avenue and constructing an alley per Option No. 4 as detailed herein. CONCLUSION Pierce Street from 3rd Avenue to 4th Avenue is one of the worst public streets in the City of Shakopee, and in need of repair. Vacating the right-of-way and taking other measures to provide access for the adjacent properties seems more feasible than reconstructing the street to current standards. 6 APPENDIX _ PAGE NO. — Zoning 1 Option 1 Map 2 Option 2 Map 3 Option 3 Map 4 Option 4 Map 5 _ Option 5 Map 6 Cost Estimates 7 - 11 Estimated Assessments 12 �:�qtl \_________3rc-\ v--\ 1----\.„UVA3 J la nilp n\---\0 uu 11 i Sr 14\A-\/ 4-1612i I 1 11 CQ\----\\eu?311100s - 1 V 1 - 0 0 IN * 13131 U WE - < a_ Mal " U 1 V 3,VI________H_ ittliki : it ,CUIU 0- zz- \ iii _ 1111 _‘;F:::. 'k nestin < • c° l'‘AUR - > `J - 0 ilUM110 06 , • t-\!1\Wil 0 \'-' 3a 1 w\- Iss3fN ! 0 - Z till svA'cioL --Z_ \‘" i 0 .- . 7 N - -- \ ' . gpv VlipA ( ..* , \ ~gym ~y , .. l , A V AA71 n HS 'M'0'2:i ,9l - r-, D _ _ , ii. ____ el iorp,.. .. 1 f w a cn c E 0 O Li-- F--- • v °; " � ,1/4-- �-- Q w Z E.: 0 0 -0 'M'0' (8 F___ 0 (7) E xs O > a) 0 1 1 1 _ ). \-/ AA n Hs \- . a .__, ‘,.- '' \ / . r--) 'i?›. e, Q Li=(/) +- Q (/) w >--0 > 0 Q QZo \ U e 0 Q � Y � % _ � <0om — , a-77 Q) > � � 12.<....0 'M'0'2i ,9 O a� 0 - f-- 0 U -0 0 > 0 3 1 1 AV AA A T H S 'M'0'e1 ,9l —0 W 1 I— Q U Q _ > • # , • • _-_. _. 0 __ ® W Q N U 0 0 N.., • •• • CL CN.\ - (2 z ii: o O W -- 'M"0' ,8 0 0 > c "17H- 0 +- a . U _C O 0 -f- U > (f) d- 4 i ______, AVMVNflHS ___ 'M'0'2, <9l --1 N. �_ I--- 0 C F-- ›- W a.* Z J O .J U < N \ \ \ \i0 X 6 ® cc 0 = • 0 rr (r) w U 0 Q C\\, - i '4 '-c) >.' -- --c > o ° Z O c ---.- _ 'M.0'N <8 1 O 0 U O x O > a) -i- 5 i AVMA '1 HS 'M'0'2i ,9l 0." --• f \r) — _ U S F w ,o..R Z J O J U < — \,, .\\\ k 4 . \ ���W W >, n _ 0 O w Q L,3 ‹ in L. 0 _i_ u.) 0 0 -4- >0.) c C.) C\\: - 1 ' F- - z a_ .- 0 O � --- 'M'0'2i ,8 0 W E _____..... E--.— a E U -0 �, O E 0 0 > 4- 60 COST ESTIMATES OPTION NO. 1 UNIT TOTAL ITEM QUANTITY UNIT COST COST 1. Remove Pavement 840 S.Y. $1.50 $1,260.00 2. Common Excavation 75 C.Y. $4.00 $300.00 3. Class V 70 TONS $6.50 $455.00 4. Sod 100 S.Y. $2.50 $250.00 Total $2,265.00 Plus 10% Contingency $226.50 Subtotal $2,491.50 Plus 25% Engr./Admin. Fees $622.88 GRAND TOTAL $3,114.38 7 COST ESTIMATES OPTION NO. 2 UNIT TOTAL ITEM QUANTITY UNIT COST COST 1. Remove Pavement 840 S.Y. $1.50 $1,260.00 2. Common Excavation 75 C.Y. $4.00 $300.00 3. Class V 60 TONS $6.50 $390.00 4. Type 41 Wear 18 TONS $35.00 $630.00 5. Sod 150 S.Y. $2.50 $375.00 Total $2,955.00 _ Plus 10% Contingency $295.50 Subtotal $3,250.50 Plus 25% Engr.IAdmin. Fees $812.63 GRAND TOTAL $4,063.13 8 COST ESTIMATES - OPTION NO. 3 UNIT TOTAL ITEM QUANTITY UNIT COST COST 1. Remove Pavement 840 S.Y. $1.50 $1,260.00 — 2. Common Excavation 110 C.Y. $4.00 $440.00 3. Class V 200 TONS $6.50 $1,300.00 4. Type 31 Base 55 TONS $32.00 $1,760.00 — 5. Type 41 Wear 55 TONS $35.00 $1,925.00 6. B-618 Curb &gutter 320 L.F. $10.00 $3,200.00 6. Sod 220 S.Y. $2.50 $550.00 — Total $10,435.00 Plus 10% Contingency $1.043.50 Subtotal $11,478.50 — Plus 25% Engr./Admin. Fees $2,869.63 GRAND TOTAL $14,348.13 9 COST ESTIMATES OPTION NO. 4 UNIT TOTAL ITEM QUANTITY UNIT COST COST 1. Remove Pavement 840 S.Y. $1.50 $1,260.00 2. Common Excavation 50 C.Y. $4.00 $200.00 3. Class V 70 TONS $6.50 $455.00 4. Type 31 Base 35 TONS $32.00 $1,120.00 5. Type 41 Wear 35 TONS $35.00 $1,225.00 6. Sod 450 S.Y. $2.50 $1,125.00 Total $5,385.00 Plus 10% Contingency $538.50 Subtotal $5,923.50 Plus 25% Engr./Admin. Fees $1,480.88 GRAND TOTAL $7,404.38 10 COST ESTIMATES OPTION NO. 5 UNIT TOTAL ITEM QUANTITY UNIT COST COST 1. Remove Pavement 840 S.Y. S1.50 S1,260.00 — 2. Common Excavation 95 C.Y. S4.00 $380.00 3. Class V 130 TONS $6.50 $845.00 4. Type 31 Base 65 TONS 532.00 $2,080.00 5. Type 41 Wear 65 TONS 535.00 $2,275.00 6. Sod 700 S.Y. $2.50 $1,750.00 Total $8,590.00 Plus 10% Contingency $859.00 Subtotal $9,449.00 Plus 25% Engr./Admin. Fees $2,362.25 GRAND TOTAL $11,811.25 11 r ESTIMATED ASSESSMENTS - ESTIMATED ESTIMATED OPTION PROJECT AMOUNT ASSESSMENT NO. COST ASSESSABLE _ PER LOT 1 $3,114.38 $0.00 80.00 - 2 84,063.13 $0.00 $0.00 3 814,348.13 83,587.03 $358.70 4 87,404.38 $1,851.10 $185.11 5 811,811.25 $2,952.81 $295.28 i The assessment per lot was based on assessing 1/2 block in either direction of Pierce Street, which equals 10 lots total. Note: If the entire street were reconstructed between 3rd Avenue and 4th Avenue, the estimated costs and assessment rates would be approximately double that listed under Option No. 3. 12 t i 1 i 1 i i CONSENT / 3 At MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer,0 SUBJECT: Release of Shiely Drainage Easement DATE: November 30, 1993 INTRODUCTION & BACKGROUND: Last summer the Chicago and Northwestern Railroad reconstructed a section of track which extended through the Prior Lake Outlet Drainage Channel. As part of this reconstruction, the existing bridge was replaced with a box culvert. This smaller culvert will cause stormwater to back-up into an area outside of the existing drainage easement and onto property owned by J.L. Shiely Company. Staff has prepared a new easement which will accommodate the new water levels and has forwarded it to J.L. Shiely Co. for review. Mr. Robert Bieraugel of J.L. Shiely Co. has indicated they are ready to sign the new easement provided that the existing easement is vacated, as the new and existing easement overlap (See Attachment No. 1). The existing easement was drafted under a Joint Powers Agreement between the City of Shakopee and the Prior Lake-Spring Lake Watershed District (PLSLWD), and both parties are named as grantees on the easement. In order to release the existing easement, both the City of Shakopee and the PLSLWD must do so. Mr. Bill Dilks, Chairman of the PLSLWD is handling the matter for the Prior Lake-Spring Lake Watershed District, and has informed staff he hopes to address it at their December 14, 1993 meeting. Prior to actually releasing the old easement, staff recommends obtaining the new easement as executed by J.L. Shiely Co. ACTION REQUESTED: Direct staff to obtain the executed agreement for the new easement and authorize proper City officials to prepare and sign appropriate documents to release the existing easement with J.L. Shiely Co. DMN/pmp SHIELY I VALLEY PARK / DRIVE if 415/ AVM ' _ r.. co 1 I r 1 _____ :::-.1**0110.0,... ‘y z‘ 1 m I 7) z o . m r- 1, o 0 i m m m m m f 0 m m z -H U) Z --Im - i Pi I i / O _ - D 1 .. O se Fri Fri 1 i z I 1 1 i 3W MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer'/ MJ SUBJECT: 1994-1998 State Aid Capital Improvement Program DATE: December 1, 1993 INTRODUCTION: Attached is supplement to the 1994-1998 Capital Improvement Program (CIP) which deals specifically with the State Aid System for City Council review. BACKGROUND: This report was prepared by staff as a planning and management tool for the Municipal State Aid System. Although several of the projects were included in the 1994-1998 CIP, staff felt that additional regulation of State Aid Routes and fund balances was needed. The report was designed to be included into next year's CIP as a permanent addition. The projects for 1994 have not changed with the exception of McKenna Road and St. Francis Road (a new collector street adjacent to the St. Francis Hospital). The project selection list will be updated each year with the CIP. The benefits of managing the State Aid System are that larger projects can more easily be budgeted and proper fund management can help to increase the amount of State Aid funding available for use in Shakopee. ACTION REQUESTED: Offer a motion to approve the 1994-1998 State Aid Capital Improvement Program. DMN/pmp CIP 1994 - 1998 MUNICIPAL STATE All) SYSTEM CAPITAL IMPROVEMENTS PROGRAM STATE AID CIP INTRODUCTION: This report is intended to provide guidance in managing the annual State Aid apportionments and planning for projects which are eligible for State Aid funds. This report should be considered as supplemental to the 1994-1998 Capital Improvement Plan (CIP) which was adopted by the Shakopee City Council on October 5, 1993. In order to effectively administer the State Aid System in compliance with the rules and regulations, staff feels that the State Aid System requires additional management and planning above and beyond that provided by the C.I.P. The State Aid System readily lends itself to two areas of management: 1) designation of State Aid routes and additional mileage; and 2) managing fund balances and project selection. These two management areas are discussed in the following sections. 1. MSA ROUTE SELECTION AND MILEAGE DESIGNATION: The amount of a municipality's streets which are eligible for State Aid funding is based on the total mileage of City and County roads within the City limits. Currently, a City may designate a maximum of 20% of its total mileage as Municipal State Aid routes. As a City grows, the mileage available for State Aid routes increases. Over the last five years, Shakopee has added an average of two miles of City streets each year, which equates to 0.4 miles of additional State Aid mileage being available each year. If these miles are not designated as MSA routes, the City will loose apportionment money for each year the miles remain "off system". Therefore, in order to maximize Shakopee's yearly apportionment, the available State Aid mileage needs to be designated in an orderly and timely fashion and keep the undesignated balance as close to zero as possible. In addition to designating State Aid routes to secure apportionment dollars, State Aid routes should be designed with some thought to future development. State Aid routes are required to connect to other State Aid routes (County or City) or to State trunk highway. State Aid routes are also intended to carry large volumes of traffic and the State has adopted strict design standards for these routes. These requirements lend themselves to collector and minor arterial roads. For Shakopee this means that State Aid routes should be designated as collector or minor arterial roads to accommodate future development. Vierling Drive is a perfect example of what a State Aid route should be. Vierling Drive is a collector street connecting County roads which carry heavy traffic loads and allow for future development. It was with these standards that the following plan was prepared for designating State Aid routes from 1994 to 1998. FIVE YEAR MILEAGE DESIGNATION PLAN The five year mileage designation plan is summarized in the following table (Figure 1). The table begins with the current miles available which is equal to 0.9 miles are added to the system yearly to reflect annual City growth. In years 1994- 1996, 0.40 miles are added each year. 1997 and 1998 show additions of 0.45 and 0.50 miles respectively which reflects accelerated growth that is predicted for 1996-1997. FIGURE 1 5 YEAR MILEAGE DESIGNATION PLAN NEW MILES MILES ADDED MILES YEAR ACTION i DESIGNATED TO SYSTEM AVAILABLE 1993 Beginning Balance 0.90 1993 Delete Valey View 1.00 1.90 Road - C.R. 21 to C.R. 83 1993 Add St. Francis Road 1.75 0.15 C.R. 17 to C.R. 83 1994 Yearly Apportionment 0.40 0.55 1994 Add Viking Steel Road 0.45 0.10 C.R. 16 to 4th Avenue 1995 Yearly Apportionment 0.40 0.50 1996 Yearly Apportionment 0.40 0.90 1996 Add Vierling Drive 0.53 0.37 C.R. 15 to C.R. 77 1997 Yearly Apportionment 0.45 0.82 1997 Add Shenandoah Drive 0.50 0.32 C.R. 16 to 4th Avenue 1998 Yearly Apportionment 0.50 0.82 1998 Add St. Francis Road 0.75 0.07 C.R. 17 to C.R. 79 DISCUSSION: 1. DELETE VALLEY VIEW ROAD, COUNTY ROAD 21 TO COUNTY ROAD 83 This is a non-existent road which is in an area that is not likely to experience development in the next 5 years. It is felt that this Statemileage Aid Funds, no would isbetter no penalty zed elsewhere. Since this road was not improved using for removing it from the system. 2. ADD ST. FRANCIS ROAD FROM COUNTY ROAD 17 TO COUNTY ROAD 83 St. Francis Road is a new collector street located south of the bypass (See maps in Appendix). This road will provide access to the St. Francis Hospital site at County Road 17 and provide for development to the east of thehospital. 3. ADD VIKING STEEL ROAD FROM COUNTY ROAD 16 TO 4TH AVENUE This non-existent road will serve as a collector between County Road 16 and 4th Avenue, and is needed for development in the area. 4. ADD VIERLING DRIVE FROM COUNTY ROAD 15 TO COUNTY ROAD 77 This land is currently outside the City limits in Township.omp ete Vierling 1Drve from that this area will be annexed by 1996. This addition will T.H. 169 to County Road 16. 5. ADD SHENANDOAH DRIVE FORM COUNTY ROAD 16 TO 4TH AVENUE This section is being added to accommodate future development in an area that was "jumped over" by surrounding development. 6. ADD ST. FRANCIS ROAD FROM COUNTY ROAD 17 TO COUNTY ROAD 79 This section is being added to accommodate future development south of the bypass. 2. MANAGING FUND BALANCES AND PROJECT SELECTION: Each year Shakopee receives an allocation of State Aid monies which are deposited in our State Aid fund. The money in the fund is available for construction of roadways which are designated as State Aid routes. Over the past five years Shakopee's yearly allocation averaged $400,000. This amount usually varies by ± $20,000. Currently, the State Aid Rules Committee is considering implementing an incentive program to help Cities keep their State Aid fund balance at "reasonable" levels. With this new plan, Cities with fund balances of more than twice their annual apportionment amount would suffer a reduction in the next year's allocation. Conversely, if the fund balance is below 1.5 times the yearly allocation, an increase in the next year's allotment is awarded. For Shakopee, a fund balance below $800,000 would avoid penalty and a balance below $600,000 would earn a credit. Under this incentive plan, careful management of the fund can increase Shakopee's available State Aid dollars. In addition to securing additional yearly allocations of State Aid monies, fund management is needed to ensure the funds are available to construct projects as they are needed by the community and private development. Projects which are less than $400,000 are easier to plan for because they can be constructed from a single year's allocation. Projects in excess of $400,000 require monies from several year's allocations and must be planned for in advance. Another reason for fund management is project priority. With a poorly managed fund, a City may wish to construct several projects in a certain year which they cannot afford, or not have any projects scheduled in a year which only increases their fund balance, and possibly incurs penalties. All of these factors were considered in the preparation of the 1994 to 1998 Five Year State-Aid Plan. The Five Year State Aid Plan: Figure 2 shows the proposed Five Year Plan. The five year State Aid fund balances are illustrated in Figure 3. The top priority identified in the plan was to complete Vierling Drive over the next five years. Vierling Drive has been identified as an important collector street north of the bypass which not only provides for development in that area, but also provides access to residential and commercial areas along the bypass. The secondary priority was to construct roads which provide for development proposals such as 4th Avenue and St. Francis Road. The yearly apportionments shown in Figure 3 increased from 1995 to 1996 to show the projected effects of population growth and proper fund management. Individual project sheets detailing each project are included in the Appendix. The numbers on the bottom of each individual project sheet corresponds with CIP project number designations. Projects A46 and A47 are new and are not in the current CIP. I— Z W 2 2 0 0 Z o 0 0 0 0 0 o ao 0 coU CD M M CC I- 0 0 0 0Z 0 0 O0 U rn L 64 U- r^ O 0 0 0 1 CC o 0 o � \ C� < (D co `.J > r (9. 64 L•14 0 O a w 0 00 E- Q 0 0 0 0 0 W 0 0 rn N N to 7 w to 64 (A W Z cc N O _ 0 0 0 0 0 0 c M w0 o 6 00 co 0,4 rn 0 00 to o o r c) Uci, ca (ft C7 .-� a w yQ Q = p., ›.- � ? va a •;c- __,a) a a ..TC a a �+ Q U -.it- E.-4 Q Q 4? a: a) a) Wv 0z -- ry W 00 tiLL53 � co u) ON o t� 0 0 0 0 0 0 `,1 1 04 w 0O 0 0 0 0 0 0 0 0 H O 0 0 r 0 0 0 0 114 cr\ Q 0 06 co tr.) to co 0 co to U co 64 x W x 0 A 0 �' a) ►� Z N W ' as d _ Er0 0 ° ° > u) � > v > 0 E"' cc u) a� a' . a) a) L o O W cc Q O p O O Q 3 C Q Q — o N 4. a In T a (O (fl 0) 4.:. Q T Cr) r C CA > U (40 U > U > n. vU > U > o I\ 0 ~ Z < Q Q Q Q Q Q Q C' 0) 0) 0) D) 00000 T- CI) M CO CO co O co co co co coO coO CO Cr- (OD M o C.C. CD CD (D (D CD (D CD CO CD _ O O vs-CI) (!) co O O O O N N N r r N N N N N i. V co co co co co 0) C0)D '7 0 Q) O 0 CA 69 69 69 69 6964 69 69 64 LL td 64 co 0 000 O 0 0 0 0 0 0 C E M OO 6 O C oo O o o o o Ll. O O 69. O 64- 69 CI) ME ) L°a 69 Z a a 0 0 0 0 0 (n 000 00 0 M 0 0 0 0 0 0 0 0 co O O 0 O O CO O O O r 0 1.6 LI) 0 o 1.- 0 CO CM r r N NCh a. 69 64 69 69 69 E4- 69 69 69 O O O 0 0 0 0 0 0 ` r1 CO O r 1- 0 NO r0 0 I CO0 a) -0 4 h C� r . co 0 0 O '� r O .- r r 0 0 ET V- I r T r ' ' I r T r V- .� CCD 0. Z COD CCD CDD CCO D CD (D CO CD CCD r r r r r r r Q OOLi) as Q caO p 5 d as to 1-.1) Q O o O o O a cc r L O O (/) D U Q 0 '4 `� a .. L 0 C O C ^ C f` .2 a) N r ,- a) U co .. a) h a) r a +- i 0 r T C cE C cc 03 C C as V U O O F- 0 Q O 0 O 0 `W C2 '47.; a) cr oO o — > 47, p V O > O > I� 0 Q. 'C co Q Q. O 'i. Q_ O Q. c.0. Q. L a Q. Q '(� (u Q Q Q C Q Q 0 Q a) 0) Q 0 >� C C a) > a (s C >+ 0) C > > > C L C a) i .a LL O ti.. C L a < (d '- cd as — O O a) MCC (000)) > > v) 2 > > > > v >- > >- > ILIQ Li co rnrnrnrnrn CO CD N- h.- CO CO CC0) 01 rnrn1:7) 0') 0) 0) 0) 0) 8 8 8 _ 8CDM D D 7 M 8 M M 8 L A 0a APPENDIX 1. Current/Proposed State Aid Routes 2. Project Location for Projects on the Five Year Plan 3. Individual Project Data Sheets MO' — — - e,`-°°r' /II' .- o _ IKPrii _ i X111 r4. '-'�'\... Minn r'. E[�r"" 1 = •.Z.� 1 Y 7 1 1 t YSTEM (YEAR) OM SYSTEM S l/Th \ / I GRAPHIC SCALE L/ 0�/ r ( ager) I ixh = 800 ft ROI- OSI ,' !) S )_ CONS7 'RUCJ 'h 1 994 1 t, Y \ \\....._. „,,,„,,,„„... S,yf �q4. O� qy 996 AVE. - JPy Q� i 6N C.''\C' PCYTIC:t q4;4., �`` A • 34) ( I- ff g R fl- �G(f�qR d h y N (� � RrdG 1TH I DAVIS Z f�P ----\\*N„,____________, CONS CI N Z o z „E aN ygUfpS c) 0 o �0 . ' f•EX> TRgj4 W ,ba A..•Ira _1 > AVE T 02'" 8 Cq,yf v, Z GRANITE Q' A. �' CIR. O� = Mb a O r----3,. o �� 5 ' ��� 4P W �fS �r '7' gRiv,. v 1. , t V IES ING / HOUND ST. F Nk N H $AND W 'ECONSTR CT ST. g y 1995 Y Ztr' W o Y W .994 1994-1998 Capital Improvements Program P CIP CATAGORY: Streets and Highways R O PROJECT: Vierling Drive J E C Location of Project: C.R. 15 West to Harrison St. T Departmental Priority: High Requested by: Public Works Dept. N F O Proposed Year of Completion: 1994 F U Cost Estimate: S300,000 N D Source of Funding: 100% State Aid. Assessments - $200,000, Total Project Costs - $300,000 N Impact on City Budget: None G M Problems(s): Non-existant roadway which is needed to develop this area of Shakopee. S C E L L A Recommendations(s): Construct as a 50' collector street to State Aid Standards. N Assess equal to a 36' wide local street. E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: Developer may construct as part of new development and then the City would need to pay oversizing costs. If constructed by City, the local street costs would be assessed. The feasibility report should address future Vierling Street alignments west to the mall. A9. '.:::?:T):.»T?:.>::::::::: :::::::::: ::?:: ':_. '.. ....::•:Liry:iJ:\::Lni:::.'.$?}}:{.:::grih:r,{• '.i•¢::...:.>:.. .............. ...... ..... ��9�#-1998 Capital Im P CIP CATAGORY: Streets and Highways R O PROJECT: St. Francis Road J E C Location of Project: C.R. 17 to 500' East T Departmental Priority: High Requested by: Public Works Department N F O Proposed Year of Completion: 1994 F U Cost Estimate: $100,000 N D Source of Funding: 100% State Aid. N Impact on City Budget: G M I Problems(s): Non-existent roadway needed for development by St. Francis Hospital. S C E L L A Recommendations(s): Construction as 50' collector street. N E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: A47. . ................:::::..:::::::::::::. P CIP CATAGORY: Streets and Highways R O PROJECT: McKenna Road J E C Location of Project: C.R. 16 to South Corporate Limits T Departmental Priority: High Requested by: Mdewakanton Sioux N Community(M.S.C.) F O Proposed Year of Completion: 1994 F U Cost Estimate: $200,000 N D Source of Funding: Donations (M.S.C.), State Aid and Special Assessments (See comments below). N Impact on City Budget: Minimal. G M Problems(s): Gravel road. S C E L L A Recommendations(s): Upgrade by paving. N E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: Due to large parcels abutting this road, special assessments may need to be supplemented by other funding, such as State Aid funds and M.S.C. contribution. This project was requested by the M.S.C. in 1993 and a feasibility report prepard, but the project was postponed at the request of the M.S.C. They are now requesting that the road be constructed in 1994 and have offered to pay 100% of the construction costs. A30. I 1994 :199$ Capitat 1 'proueme is ogr i >< . ........ ........ ..... c P CIP CATAGORY: Streets and Highways R O PROJECT: Viking Steel Road J E C Location of Project: C.R. 16 to 4th Avenue T Departmental Priority: High Requested by: Public Works Department N F O Proposed Year of Completion: 1995 F U Cost Estimate: $250,000 N D Source of Funding: 100% State Aid. N Impact on City Budget: G M Problems(s): Non-existent roadway needed for development. S C E L L A Recommendations(s): Construct as urban section collector street. N E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: A48. :........ .. - .1994 1998 Pitat 1m oVarnents Pro 9 P CIP CATAGORY: Streets and Highways R O PROJECT: Vierling Drive J E C Location of Project: Harrison Street West to the Mall (T.H. 169) T Departmental Priority: High Requested by: Planning Commission N F O Proposed Year of Completion: 1995 F U Cost Estimate: $300,000 N D Source of Funding: State Aid Funds and Special Assessments. N Impact on City Budget: None G M I Problems(s): Needed to relieve traffic congestion around the mall which will further g increase with the bypass construction. Development will need this C street also. E L L A Recommendations(s): Construct to State Aid Standards and connect up with existing N T.H. 169 or frontage road by mall. The segment from Polk Street west E to the mall is a new street. The segment between Polk Street and O Harrison Street would need to be reconstructed. U S OTHER PERTINENT INFORMATION ON THE PROJECT: Council ordered a traffic study done for 1994 with the intent to construct in 1995. A20. m tints. Prbia P CIP CATAGORY: Streets and Highways R O PROJECT: 4th Avenue J E C Location of Project: C.R. 17 to Shenandoah Drive T Departmental Priority: High Requested by: Public Works Dept. N F O Proposed Year of Completion: 1996 F U Cost Estimate: $1,100,000 N D Source of Funding: State Aid -$550,000 I Sewer/Water-$550,000 (Assess) N Impact on City Budget: G M Problems(s): Narrow roadway section in poor condition. Rural section with no curb S &gutter in a developing urban area. Need to extend sanitary sewer and C water utilities for future development. E L L A Recommendations(s): Construct as urban section with curb &gutter and storm sewer. N Also add sanitary sewer and City water facilities. E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: A14. 1 Capita' Lm raVemen og . : :....... . P CIP CATAGORY: Streets and Highways R O PROJECT: Vierling Drive J E C Location of Project: C.R. 79 to C.R. 77 T Departmental Priority: Medium Requested by: Public Works Dept. N F O Proposed Year of Completion: 1997 F U Cost Estimate: $500,000 N D Source of Funding: State Aid will pay 100%. City will still assess 36/50 or$360,000. N Impact on City Budget: None G M Problems(s): New street needed for development. S C E L L A Recommendations(s): Construct as needed for development. Construct as a 50' wide N collector street to State Aid Standards. E O U S OTHER PERTINENT INFORMATION ON THE PROJECT: This project was originally scheduled for construction in 1994, but due to the delay of the Community Center, the project has been pushed back to 1997. A10. 1994-1998 Capital !m rovements Program A p P CIP CATAGORY: Streets and Highways R O PROJECT: Vierling Drive J E C Location of Project: C.R. 77 to C.R. 15 T Departmental Priority: Low Requested by: Public Works Dept. N F O Proposed Year of Completion: 1997 F U Cost Estimate: $500,000 N D Source of Funding: State Aid will pay 100%. City will still assess 36/50 or $360,000. N Impact on City Budget: None G M I Problems(s): New street needed for development. S C E L L A Recommendations(s): Construct as needed for development. Construct as a 50' wide N collector street to State Aid Standards. E 0 U S OTHER PERTINENT INFORMATION ON THE PROJECT: Portions of this area are outside the current City Limits. A27. l3k Attached is a print out showing the division budget status as of 12/2/93 for 1993 based on data entered as of that date. There appears to be a few divisions running close to their budget. Included in the attached bill list is the below listed educational reimbursement for employees. Employee Class Cost Therese Van Cleve Data Base Mgt $669.22 Writing for Law Enforcement Intro to Criminal Justice Computer Applications - Spreadsheets CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EPPENDED 00 N/A 0 0 2,486 0 11 MAYOR & COUNCIL 69,140 69 50,882 74 12 CITY ADMINISTRATOR 198,110 5,152 171,154 86 13 CITY CLERK 114,510 2,788 101,648 89 15 FINANCE 272,620 5,761 225,109 83 16 LEGAL COUNSEL 158,120 4,564 134,769 85 17 PLANNING 376,940 7,308 280,892 75 18 GENERAL GOVERNMENT BUILDINGS 119,426 968 99,484 83 31 POLICE 1,413,630 38,934 1,241,375 88 32 FIRE 255,820 106 219,008 86 33 INSPECTION-BLDG-PLMBG-HTG 165,804 4,320 134,654 81 41 ENGINEERING 342,720 9,168 254,895 74 42 STREET MAINTENANCE 688,710 11,070 506,748 74 44 SHOP 149,420 3,321 116,313 78 46 PARK MAINTENANCE 318,770 6,554 270,976 85 48 REFUSE COLLECTION 521,389 0 421,546 81 61 POOL 150,300 0 139,073 93 64 RECREATION 214,011 5,046 173,633 81 91 UNALLOCATED 1,153,645 0 502,323 44 TOTAL GENERAL FUND 6,683,085 105,129 5,046,968 76 17 PLANNING 360,860 226 276,544 77 TOTAL TRANSIT 360,860 226 276,544 77 12 CITY ADMINISTRATOR 64,870 1,141 45,161 70 TOTAL HRA 64,870 1,141 45,161 70 00 N/A 339,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 339,400 0 0 0 Pk a4 aa as waaaaap. w a a as Pk H H H H H H 1-4 H H H H H H H H H 1-1 H H H H H r-4 z 00 to a •6 z 0 a w 000 U N H 0 H M M M M M M M H M rl c74" CC . 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H H H E-i G'i g r 7 gZ N N CO CO M H .--I M .* 1-4 Z co co co co rn tar .4 d C 0' 0% rn Z 0 44 H cn co 0 H x .--I .-4 H H .--I U A .--1 .-4 .--4 Cl) V) a A W x 0 H .* in N CO 0 .-4 N .-4 In M .D I's 0 0 0 0 0 W 0 .-1 .--I 0 0 .-4 .--I N N N M M M .-4 M .--I M .7 =.. 0 .--I .-1 M M M M C .'t 4' .t .7 .t I� N� CO CO CO 0 a H * 4t k it * % It it 4t 4k 4t 4t 4t 4t 4k #t #t 4t 0 Z A Ann A A A A A A Ian A A A A A A A Z Z Z z ZZ ZZ ZZ ZZ Z Z Z Z Z Z 0 A A A A A A A A A A A A A A A A A A 0 w w w w w w rx4 w w w w ru Cu w Cu w w Cu 3OSEI\11 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Labor Agreement Between the City and Local 320 (Public Works 320 for 1994 - 1996) DATE: December 1, 1993 Attached please find a copy of the labor agreement between the Teamsters and the City for the Public Works bargaining unit . This 3 year agreement is consistent with our earlier discussions. RECOMMENDATION: It is recommended that the City Council approve the labor agreement between the City and Minnesota Teamsters Local No. 320 Public Works unit for the period January 1, 1994 - December 31, 1996 . ACTION REQUESTED: Move to approve the labor agreement between the City and Local 320 (Public Works) for January 1, 1994 - December 31, 1996 . LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, 1994 through December 31, 1996 INDEX Page ARTICLE I. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 3 ARTICLE VII. UNION SECURITY 5 ARTICLE VIII. SAVINGS CLAUSE 6 ARTICLE IX. WORK SCHEDULE 6 ARTICLE X. OVERTIME 7 ARTICLE XI. CALL BACK 7 ARTICLE XII. LEGAL DEFENSE 7 ARTICLE XIII. SUBCONTRACTING WORK 7 ARTICLE XIV. DISCIPLINE 7 ARTICLE XV. SENIORITY 7 ARTICLE XVI. PROBATIONARY PERIODS 7 ARTICLE XVII. SAFETY 8 ARTICLE XVIII. JOB POSTING 8 ARTICLE XIX. INSURANCE 8 ARTICLE XX. HOLIDAYS 8 ARTICLE XXI. VACATIONS 9 ARTICLE XXII. SICK LEAVE 9 ARTICLE XXIII. SEVERANCE PAY 9 ARTICLE XXIV. INJURY ON DUTY 9 ARTICLE XXV. COVERALLS/UNIFORMS 9 ARTICLE XXVI. REPLACEMENT 10 ARTICLE XXVII. WAGES 10 ARTICLE XXVIII. WAIVER 10 ARTICLE XXIX. DURATION 10 APPENDIX A. WAGES 11 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 between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Worker ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 1 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3 .6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Effective July 1, 1992 overtime shall be defined as follows: Any employee working more than 40 hours in a seven day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time worked shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time which is taken without pay. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.9 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 4.1 The Union agrees that during the life of this Agreement, it 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. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. 2 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. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 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. 6.2 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. 6.3 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. 6.4 Procedure. Grievances, as defined by Section 6.1, 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 to 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 3 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 2 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 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. 6.5 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 or application of the express terms of this Agreement and to the facts of the grievance presented. 4 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. 6.6 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. 6.7 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 of Article VI or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VI or another appeal procedure, and sign 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 VI. ARTICLE VII. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 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 this Article. 5 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. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:30-4:00 day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME 10.1 Overtime, as defined in 3.7 will be compensated at the rate of time and one-half (1 1/2) and will be paid in cash or in compensatory time off, as determined by the City Administrator. 10.2 Overtime shall be distributed as equally as practicable by an established seniority list for the department used as a rotating overtime call list. Overtime refused by an employee will, for record purposes, be considered as unpaid overtime work. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Employees contacted under the above policy to work overtime, but refusing it because of illness, will not be recorded as worked. Also, employees who would be contacted but are on vacation will not be recorded as having worked when called for overtime work. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 6 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.5 The employees will be compensated at the rate of time and one-half (1 1/2) for so working. ARTICLE XI. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the City Administrator. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XIV. DISCIPLINE The Employer will discipline employees only for just cause. ARTICLE XV. SENIORITY Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other qualification factors are equal. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) month probationary period. 16.2 All employees will serve a six (6) months' probationary period in any classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. 7 ARTICLE XVII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX. INSURANCE Effective January 1, 1994 the Employer shall contribute up to three hundred twenty-eight and 32/100 dollars ($328.32) per month per employee toward health, life and long-term disability insurance. This amount includes up to $306.66 per month contribution for the aforementioned insurance which represents the amount paid by the employer as the regular insurance contribution plus an amount of $21.66 per month contributed by the employer which represents the difference paid to non-union City employees in 1993 as compared to the amount paid to members of this bargaining unit. This $21.66 contribution shall terminate as of December 31, 1994. Effective January 1, 1995 the Employer shall contribute an amount equal to that received by non-union City employees for calendar year 1995. Effective January 1, 1996 the Employer shall contribute an amount equal to that received by non-union City employees for calendar year 1996. ARTICLE XX. HOLIDAYS The Employer will provide the following ten (10) paid holidays: January 1 1st Monday in September 3rd Monday in February 2nd Monday in October Friday before Easter Veteran's Day, November 11th Last Monday in May 4th Thursday in November 8 July 4th December 25th In addition to the above 10 paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to taken as a holiday during the current year and cannot be carried over to the next year. ARTICLE XXI. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years 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 in emergencies and exceptional cases to be determined 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 giving two (2) weeks written notice, and except for reasons of ill health, he shall forfeit his right to all accumulated vacation leave. ARTICLE XXII. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month. Sick leave may accrue at the rate of twelve (12) days per year to a maximum of nine hundred and sixty (960) hours. ARTICLE XXIII. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal one-third the value of all accumulated sick leave calculated on the basis of his/her current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. ARTICLE XXIV. INJURY ON DUTY 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 twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. ARTICLE XXV. COVERALLS/UNIFORMS The City of Shakopee shall provide one (1) set of coveralls as needed for each Street and Park employee as determined by the City Administrator. 9 For the duration of this agreement the City of Shakopee will pay 100% of the cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the shelf and two (2) jackets for the City Mechanic(s) . The City of Shakopee will also pay 100% of the cost of weekly uniform rental for maintenance workers to include three (3) uniforms in, three (3) uniforms out, one (1) on the shelf and two (2) jackets. ARTICLE XXVI. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE XXVII. WAGES See Appendix A & B. 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 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 January 1, 1994 and shall remain in full force and effect until December 31, 1996 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_ FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative 10 City Clerk APPENDIX A Salary and Benefit Schedule for Local No. 320 for 1994. #1 #2 #3 #4 Start After After After Performance 1 yr. 3 yrs 5 yrs Bonus Maintenance Worker $11.639 $12.339 $13.081 $13.874 $ .50/hr Mechanic $11.742 $12.442 $13.194 $13.987 $ .50/hr Acting Foreperson Assignment $ .60/hr Salary and Benefit Schedule for Local No. 320 for 1995 #1 #2 #3 #4 Start After After After Performance 1 yr. 3 yrs 5 yrs Bonus Maintenance Worker $11.988 $12.709 $13.473 $14.290 $ .50/hr Mechanic $12.094 $12.812 $13.590 $14.407 $ .60/hr Acting Foreperson Assignment $ .60/hr Salary and Benefit Schedule for Local No. 320 for 1996 #1 #2 #3 #4 Start After After After Performance 1 yr. 3 yrs 5 yrs Bonus Maintenance Worker $12.348 $13.090 $13.877 $14.719 $ .50/hr Mechanic $12.457 $13.199 $13.914 $14.839 $ .60/hr Acting Foreperson Assignment $ .60/hr 11 The starting salary through the fifth year (Steps One through Four) are based on years of service, demonstrated skill levels and satisfactory performance. Employees classified as Maintenance Workers or Mechanics at Step #4 of the Wage Schedule are eligible to receive a bonus if their performance is determined to be above average upon completion of the annual performance evaluation. The Employer shall utilize the same criteria in evaluating all Employees during any calendar year. The Employer may amend the evaluation criteria during subsequent years of this contract. Employees receiving this bonus may be returned to the base salary level for their position if their performance does not continue at an above average level. Performance evaluations for 1994 shall be completed within 30 days from the signing of the contract, or January 31, 1994 whichever is later. Performance evaluations for 1995 and 1996 shall be completed by January 31, 1995 and January 31, 1996 respectively. Employees eligible for performance bonuses shall receive them retroactive to the first payroll period in 1994, 1995 and 1996, as applicable. Employees classified as Maintenance Workers shall be paid an additional $.125/hour to compensate for the operation of all heavy equipment. Employees classified as Mechanic shall be paid an additional $.15/hour to compensate for the performance of periodic administrative duties and the operation of heavy equipment. Employees assigned by the Employer as acting Foreperson shall be compensated $.60/hour above the Maintenance Worker Step Four position for the time they are assigned to that position. Assignments shall be for a minimum period of two hours. The position shall be assigned at the sole disgression of the Employer. 12 CONSENT / 3A MEMO TO: Dermis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Rahr Forcemain DATE: November 30, 1993 INTRODUCTION: City Council approval of an easement across the State's Correctional Facility property for the Rahr forcemain is requested. BACKGROUND: In order to construct the Rahr forcemain around the Women's Correctional Facility, a 20 foot easement adjacent to the street right-of-way on 6th Avenue and Adams Street is needed, The City Council previously determined that if the Corrections Department would not tear down the Boy Scout Barn, the City Council would allow them to tie into the new sewer (gravity) in 10th Avenue without any assessments. The correction's officials have indicated that they would be willing to grant the desired easement and staff has been working with the Department of Administration and the Attorney General's office for the last two months to secure the easement. The City's contractor has continued to work on all other aspects of the project, but has basically completed the rest of the sewer work except around the prison. Because of that, the obtaining of the easement became critical in order to allow the contractor to continue on schedule. Staff has completed the discussions on the easement language with State officials and the City Attorney has approved of the final language. Most, if not all, of the conditions in the easement are established by State Statute and the City cannot change those conditions. In order to maintain the contractor's schedule, it was required to have the easement executed by City officials by November 29, 1993. Attached is the executed easement. Staff would like the City Council to ratify the execution of this easement. ACTION REQUESTED: Move to ratify the execution of an easement between the City of Shakopee and the State of Minnesota's Correctional Facility for the installation of the Rahr forcemain. DEH/pmp RAHR UTILITY EASEMENT For valuable consideration and in consideration of the mutual benefits accruing to both parties, the STATE OF MINNESOTA (hereinafter "GRANTOR") in accordance with Minnesota Statutes 16B.26 (1992), hereby grants to the City of Shakopee, Minnesota, a municipal corporation under the laws of Minnesota, (hereinafter "EASEMENT HOLDER"), a 20-foot utility easement for the purpose of the installation and maintenance of a city sewer over, under and across a portion of land located in Scott County, Minnesota legally described as follows: PERMANENT NONEXCLUSIVE EASEMENT A permanent utility easement over, under and across the north 20.00 feet of Lots 6, 7, 8, 9 and 10, Block 171, SHAKOPEE CITY, according to the plat on file in the Office of the County Recorder, Scott County, Minnesota. Together with a 20.00 foot permanent utility easement over, under and across that part of the west half vacated Webster Street, according to the plat of said SHAKOPEE CITY, which lies southerly of the easterly extension of the north line of Block 171, said SHAKOPEE CITY. Together with a 20.00 foot permanent utility easement over, under and across that part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 1 1 5, Range 23, said Scott County, which lies Southerly of and adjacent to the southerly right-of-way line of Sixth Avenue as now laid out and constructed, said south right-of-way line is also the westerly extension of the north line of said Block 171. Together with a permanent utility easement over, under and across the east 20.00 feet of the west 70.0 feet of said Northwest Quarter of the Northwest Quarter, which lies southerly of the south right-of-way line of said Sixth Avenue and which lies northerly of the westerly extension of the north right-of-way line of Tenth Avenue, according to the plat of TERRANCE ADDITION TO SHAKOPEE, on file in said Office of the County Recorder. Together with a permanent easement for utility purposes over, under and across that part of said Northwest Quarter of the Northwest Quarter, which lies southwesterly of the following described line: Commencing at the point of intersection of the east right-of-way line of County Road No. 15 (also known as Adams Street) with the north right-of-way line of said Tenth Avenue; thence north along said east right-of-way line of Adams Street, a distance of 47.00 feet to the point of beginning of the line to be described; thence southeasterly a distance of 67.00 feet more or less to a point of the north line of said Tenth Avenue distant 45.00 feet easterly from said point of intersection and said line there terminating. Said permanent easements contain 34,600 square feet more or less. These easements are granted subject to the following conditions: 1. These easements shall be revocable by written notice given by the Commissioner of Administration upon request of the Commissioner of the Department of Corrections if at any time its continuance will conflict with a public use of land, over, under or upon which it is granted; or if the EASEMENT HOLDER fails to comply with applicable law or terms of this easement; or for any other reason. Such notice shall be effective ninety (90) days after the mailing thereof addressed to the record holder of this easement at its last known address by certified mail. Upon revocation, the Commissioner of Administration may allow a reasonable time to vacate the premises affected. 2. State lands subject to these easements shall remain subject to sale or lease; such sale or lease shall not serve to revoke these easements. 3. The EASEMENT HOLDER shall comply with all laws, regulations and municipal ordinances affecting said lands or the area in which they are situated and keep and maintain them in a neat and orderly condition and remove all refuse and debris that may accumulate thereon. 4. The EASEMENT HOLDER shall take all reasonable precautions to prevent any damage to the land subject to these easements and shall fully reimburse the STATE for any damages resulting from the use of these easements, and shall hold the STATE harmless from all claims for injury or damage to the person or property of others arising out of the EASEMENT HOLDER'S use of these easements. 5. The Commissioner of Administration may at any time order such changes or modifications respecting construction or maintenance of structures, use, or other conditions of these easements as she deems necessary to protect the public health and safety. 6. These easements shall not be assignable by the EASEMENT HOLDER except upon written consent of the Commissioner of Administration. 7. Upon completion of the installation of the sewer and after any future maintenance and repair work, the EASEMENT HOLDER shall at its expense restore the premises to their original pre-construction condition, including but not limited to plantings and replacements shown on the drawings, Sheets 12, 1 3, and 14, of the Rahr Malting Forcemain from Third Avenue to Upper Valley V.I.P. Interceptor 1993-1 for the City of Shakopee. 8. The EASEMENT HOLDER, City of Shakopee, shall not assess the State for any current or future improvements associated with this permanent easement. 9. The permanent easement shall continue in effect until cancelled by the Commissioner of Administration, subject to change or modification as provided hereinabove. • IN TESTIMONY WHEREOF, the STATE has caused these presents to be executed in the name of the State of Minnesota by its Commissioner of Administration, and the City of Shakopee, Minnesota manifests its acceptance of these terms by its signature. EASEMENT HOLDER CITY OF SHAKOPE By: gliticA Its: Mayor) STATE OF MINNESOTA ss. COUNTY OF SCOTT The foregoing was acknowledged before me this 24thday of November , 1993, by Gary L. Laurent the Mayor of the City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the City Council. NOTA�C TONI WARHOL :40.; , NOTARYBL PUBLIC + SCOTT COUNTY 14Y CO'.i: EXPIRES 1-17-SG -2- CITY OF SHAKOPEE By: •- - . IIc� ngr Its: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF SCOTT The foregoing was acknowledged before me this 24th day of November , 1993, by Dennis R. Kraft the City Administratorof the City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the City Council. N OTA RY�R�U BtfiC � TONI WARHOL CITY OF SHAKOPEF, NOTARY PUBLIC SCOTT COUNTY B • MY COMMISSION EXPIRES 1.17.96 y• . Its: C ty Clerk STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing was acknowledged before me this 24th day of November , 1993, by Judith S. Cox the City Clerk of the City of Shakopee, a municipal corporation under the laws of Minnesota, on behalf of the City Council. NOTAR� `ce � � GRANTOR • TONI WARHOL NOTARY PUBLIC • SCOTT COUNTY STATE OF MINNESOTA • MY cCMISSICN EXPIRES 1.17-96 By: DEBRA RAE ANDERSON Commissioner of Administration Date: STATE OF MINNESOTA ss. COUNTY OF RAMSEY ) The foregoing was acknowledged before me this day of , 1993, by DEBRA RAE ANDERSON, Commissioner of Administration on behalf of the State of Minnesota. NOTARY PUBLIC -3- APPROVED BY DEPARTMENT OF CORRECTIONS By: FRANK W. WOOD Commissioner of Corrections Date: STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing was acknowledged before me this day of , 1993, by FRANK W. WOOD, Commissioner of Corrections on behalf of the State of Minnesota. NOTARY PUBLIC Drafted by: Amy V. Kvalseth Assistant Attorney General Suite 500, 525 Park Street St. Paul, Minnesota 55103 Approved as to form and execution this day of , 1993. HUBERT H. HUMPHREY III Attorney General By: Legal Assistant KVAL.BL5 ' -4- CONSEN r /3 /0. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Feasibility Study for P & V Addition DATE: December 3 , 1993 INTRODUCTION: At the joint meeting with the Jackson Town Board on November 30th, the City Council discussed the need for the preparation of an engineering feasibility study to determine the cost of providing infrastructure to the P & V Addition. BACKGROUND: The discussion with the Jackson Town Board revealed that they have not yet met with residents of the P & V Addition but that they would like to do so in the near future. The purpose of this meeting would be to discuss the possible annexation of this property into the City of Shakopee and the attendant financial impact on those property owners as a result of this action. Some of the major questions to be answered is what would the cost be for the installation of water and sewer lines and the construction of streets to meet current City standards. A meeting has tentatively been set between the residents of the P & V Addition and the Jackson Town Board at 7 : 00 P.M. on Wednesday, January 26, 1994 . The City Council indicated it would be in attendance at that meeting as well . RECOMMENDATION: It is recommended that the City Council direct the City Engineer to prepare a engineering feasibility study for the cost of improvements in the P & V Addition. ACTION REQUESTED: Move to direct the City Engineer to prepare an engineering feasibility study for infrastructure improvements in the P & V Addition and move its adoption. l2 o TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Employee Group Insurance Proposals DATE: December 7, 1993 Introduction Council action on the selection of carriers for group insurance coverage starting 1/1/94 is requested. Background The city is required to obtain proposals for group insurance coverage al least every five years. It has been five years since the city went through this process. Council authorized the retention of Corporate Risk Managers, Inc. to handle the proposal process and evaluate the responses. The results are: 1. Health Insurance. Three proposals were received from Blue Cross Blue Shield, Medica and Benefit Trust Life. CRM recommends staying with Blue Cross. The rates quoted are a 10% reduction from current rates. The rates are family - $338.72, two party - $263.13 and employee - $111.24. Current rates are $376.35, $292.37 and $123.60. 2. Life and AD&D. Five proposals were received. The lowest qualifying quote was from Minnesota Mutual at $0.25 life and $0.03 AD&D including slightly better coverage at higher ages. The current rate from Principal is $0.29 + $0.04. 3. Long Term Disability Five proposals were received. The lowest qualifying quote was from Fortis at a rate of $0.675. The current rate is $0.82. Better benefits would be provided in that the minimum would go from $50.00 per month to $100.00 per month and the benefit would not be reduced for PERA benefits due to employee contributions. Two quotes were received from Fortis through different agents. Since the quotes were the same, I assume that Council would go with the local agent. The detailed proposals are available for review. Alternatives 1. Accept proposals as recommended by CRM 2. Accept other proposals. Recommendation Alternative 1. The coverage is the same or better and the premiums are less. Action Move to accept the proposal for employee group insurance starting January 1, 1994 from Blue Cross Blue Shield for health coverage through the Capesius Agency, from Minnesota Mutual Life for life and AD&D coverage through the Ochs Agency and from Fortis Benefits for long term disability through the Capesius Agency and to authorize the proper city officials to execute the necessary documents. 1 Corporate Risk Managers, Inc. f 250 prairie center drive•suite 121 •eden prairie, minnesota 55344•(612) 944-0474 DATE: December 7, 1993 TO: Greg Voxland • FROM: Chuck Jelinek RE: Proposals Received for Employee Benefits Plans Attached are tabulation sheets outlining the rate proposals received for the City's Health, Life/Accidental Death and Dismemberment and Long Term Disability plans for the 199 ► contract year. HEALTH INSURANCE Proposals were received from Blue Cross Blue Shield (BCBSM), Medica and Benefit Trust Life. In all, seven different plans are offered. BCBSM proposes to continue the same plan that has been in force the past several years. Premium rates have been reduced by 10% which is a reflection of the excellent claims experience of the group. Medica, the largest HMO in the area, offers two plans to the City. As an HMO, the benefits are excellent and without deductibles and coinsurance required for most services received within the provider network. Although the situation can vary by case, many plan users would receive a greater level of coverage (in network) under the HMO benefit structure. For services received outside of the HMO network cover— age is provided by conventional insurance. Because of higher deductibles and coin— surance levels, benefits could be less than provided by the BCBSM plan. However, the Medica provider network is very large so that on average, only a very small percentage of services are received out of network. The #375 contract offered by Medica is the least expensive of the two plans. But it requires a 20% copay to $500 for inpatient hospital services. I question whether the premium savings warrant the potential additional out of pocket expense. With the exception of the Employee + Child tier, the Medica plans are more expen— sive than BCBSM by about 14-25%. For example, the #371 Medica single contract is more costly by almost $300 per year. The break—even point between the lesser benefits from the BCBSM plan and the greater cost of the HMO comes after about $1 , 100 of eligible medical expenses. The Family coverage premium differential is slightly more than a $1 ,000 annually. This is roughly equivalent to $4,200 of expense involving at least two family members. Loss data is very limited so it is difficult to assess the relative values of the plans to the City group. But what is available suggests that most participants probably do not incur sufficient annual expense to offset the added premium cost of the HMO plan. Greg Voxland December 7, 1993 Page - 2 - Benefit Trust Life offers four plans that are more closely resemble the BCBSM benefit structure. But maximum benefits can only be realized if services are received within a preferred provider organization network (PPO). Outside of the network significant deductibles and coinsurance are required. The particular PPO to be used is not identified and no provider directory was enclosed with the proposal. The premium rates are very high in comparison to BCBSM and cannot be offset by the small benefit advantage for receiving services within the PPO net- work would provide better benefits as lesser cost. Based on the premium rates and coverages offered, I see no significantly clear-cut advantage to the Medica or Benefit Trust Life plans compared to that from BCBSM. I recommend that the City continue coverage with BCBSM for the 19914 contract year. LIFE/AD&D As shown on the tabulation sheet, proposals were received from five companies, including the incumbent carrier. The lowest cost proposal for Employee coverage is from Benefit Trust Life at a combined life/AD&D rate of $0.26/$1 ,000 of benefit. It appears, however, that it does not fully satisfy specifications in that an employee must work 30 or more hours per week to be eligible for coverage. The City's specified eligibility is at 25 hours per week. This deviation eliminates the proposal from consideration. The second lowest quote was received from Minnesota Mutual Life at $0.25 life + $0.03 AD&D. Unlike the present plan, there are no age-related benefit reductions prior to age 65 so the plan conforms fully to ADEA guidelines. For Dependent coverage there are two rate options, $1 . 16 or $1.00 per Dependent Unit. The higher rate would apply if the present plan, with its multiple age-related reductions for spouse coverage, was duplicated. If no reductions are included the lower rate applies because of reduced administrative work. In this case you can get more for less. The rates of the remaining proposals are higher and there are no significant advantages in those plans that prompt me to recommend any of them over Minnesota Mutual Life. LONG TERM DISABILITY Proposals were submitted by five insurers. Also, information was received on December 3rd from the current carrier, Principal Mutual, that significantly modifies the plan structure and therefore, the proposal received by the City. Under normal circumstances I would recommend that the modifications not be accepted at such a late date. However, it appears that the changes are not directed specifically at the City to allow Principal to gain competitive advantage but rather affect all members of the UMEG group. On this basis the revised proposal should continue to be con- sidered although the delay in notification of changes does demonstrate a disregard for the City in meeting its mandated obligations to periodically request proposals. Greg Voxland December 7, 1993 Page - 3 - The quotes from UNUM and Benefit Trust Life can be eliminated based on cost alone. Also, Benefit Trust does not satisfy the City's work schedule eligibility specification. Canada Life offers a plan at nearly identical cost to that bid by the incumbent carrier. However, eligibility for coverage is again set at 30 hours per week rather than 25 hours es specified in the RFP so this proposal must be eliminated. The two remaining proposals are from the present insurer, Principal Mutual, and Fortis Benefits. With its very recent changes the Principal plan is now much more comparable to Fortis. But there are some things that are known about the Fortis program that have not been specified by Principal. For example, if a disabled employee is eligible for PERA benefits Principal has used the entire amount as an offset to LTD payment. Fortis would use only that portion attributable to employer contributions. The minimum monthly benefit from Principal has been $50 whereas it is $100 from Fortis. In some cases Fortis will allow a child expense credit against income earned during partial disability. This is probably not available from Principal. Fortis allows a return to work for up to 30 days during the qualifying period without penalty whereas Principal has allowed up to 10 days. Principal has defined recurrent disability without the need to satisfy a new qualifying period as a return to work of up to 3 months. Fortis allows a return for up to 6 months. Fortis has been very active in assisting employees with Social Security applications and appeals. Principal at least gives the impression that the employee is solely responsible for the process. Principal, in response to the RFP, reduced the LTD rate to $0.75/$100 benefit, guaranteed 12 months. Fortis has quoted $0.67 guaranteed for 27 months. Conclusions/Recommendations BCBSM remains the least expensive health plan while providing a good level of benefits. I recommend the City accept the proposal. Minnesota Mutual Life offers comparable benefits at lesser cost plus participation in a very financially stable pool of comprised of many similar city/county groups. I recommend that proposal be accepted. Fortis Benefits is a major underwriter of LTD plans and offers very good benefits at lesser cost that the current insurer. Considering the cost and plan differences and since Principal is reducing the calculated benefit to 66 2/3% of base earnings, making it the same as Fortis, I recommend the City accept the proposal from Fortis Benefits. If you have any questions or need additional information please let me know. CITY OF SHAKOPEE Health Insurance Premium Rate Proposals Insurer Current Rates Proposed Rates Blue Cross Blue Shield $123.60 Employee $111 .24 292.37 Employee + Spouse 263. 13 292.37 Employee + Child 263. 13 376.35 Family 338.72 Medica #371 #375 (2 plans offered) Employee $136.21 $132.40 Employee + Spouse 299.65 291 .26 Employee + Child 258.79 251 .54 Family 422.24 410.42 Benefit Trust Life $100 PCS $100 (4 plans offered) Employee $184.36 $173.05 Employee + Spouse 395.55 373.66 Employee + Child 330.56 311 .93 Family 541 .77 512.55 $200 90/80 $200 90/70 Employee $161 .49 $149.21 Employee + Spouse 348.55 322.04 Employee + Child 290.99 268.86 Family 478.07 441 .70 CITY OF SHAKOPEE Life/AD&D Premium Rate Proposals Insurer Current Rates Proposed Rates Principal Mutual $0.292 + $0.04 Employee $0.26 + $0.04 life/AD&D/$1,000 $1 .00/dependent unit (Du) $1 .00/DU Minnesota Mutual $0.25 + $0.03 $1 . 16 or $1.00/DU Benefit Trust Life $0.26 combined $0.79 child $1 . 12 spouse $1 .92 spouse + child Canada Life $0.26 + $0.04 $1 .17/DU Mii Life $0.26 + $0.04 $1 .50/DU CITY OF SHAKOPEE LTD Premium Rate Proposals Current Rate Proposed Rate Insurer (per $100 benefit) (per $100 benefit) Principal Mutual $0.82 $0.75 at 66 2/3% of earnings UNUM $1 . 13 at 60% $1 ,20 at 66 2/3% Benefit Trust Life $1 . 11 at 66 2/3% Canada Life $0.753 at 70% Fortis Benefits $0.675 at 66 2/3% l � C) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Employee Group Insurance Proposals DATE: December 2, 1993 The consultant working on the employee group insurance proposals has been out sick for three days this week. Accordingly, his report is not ready to go out with the agenda packet. It is anticipated that the report will be ready for the council meeting onDecember 1993. It also anticipated not be much for Council dscussduetothesmall number of proposals received. � 5P TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Insurance Coverage For Open Meeting Defense Costs DATE: November 29, 1993 Introduction LMCIT has just offered a new insurance coverage option to provide for legal defense costs regarding open meeting violations. Background Please see attached memo from the League. Cost would be about $2,020. A firm quotation could be obtained from LMCIT if Council desires. Alternatives 1. Status quo. 2. Obtain open meeting defense cost reimbursement coverage. Action Discuss and give staff direction. • (-1-- in- ill 3490 Lexington Avenue North St.Paul MN 55126-8044 League of Minnesota Cities (612)490-5604 OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE NOW AVAILABLE Beginning November 15, 1993, LMCIT is offering an new Open Meeting Law Defense Cost coverage. This optional coverage will reimburse city officials for 80% of the legal costs they incur to defend themselves if they are charged with violating the Open Meeting Law. This new coverage is quite different from anything LMCIT (or anyone else, for that matter) has done before. We' ll try in this memo to answer some of the questions that will come up when city officials are deciding whether this coverage makes sense for their city. I. Why is this needed? Doesn't our existing LMCIT coverage apply to Open Meeting Law claims? Generally, no. The LMCIT liability coverage is designed to respond to claims for damages. The Open Meeting Law doesn't provide for damages; it provides for a $100 civil penalty, and loss of office for repeated violations. Fines and penalties are not "damages" for purposes of the liability coverage, and LMCIT therefor generally has no duty to get involved in defending Open Meeting Law charges under the liability coverage. The only exception is if the Open Meeting Law charge is combined with a claim for damages that is covered under the liability coverage. For instance, if an employee brought a wrongful termination action against a city, the employee might also charge that there was a violation of the open meeting law as part of the termination process. In that case, LMCIT would be responsible for defending the entire litigation - the Open Meeting Law charge as well as the covered liability claim. But an Open Meeting Law charge by itself is not a claim for damages, and the LMCIT liability coverage would therefor not respond. II. Why provide coverage for this type of exposure? One of LMCIT's member cities asked the Trust Board to consider adding this kind of coverage. The request grew out of an instance in which several council members incurred very substantial legal bills defending themselves against an Open Meeting Law charge. The Trust Board recognized that defending an Open Meeting Law charge can cost a city official a lot of money. Defense costs are often the most significant financial consequence of these lawsuits. While the statutory penalty of $100 might be relatively minor, defense costs can easily run to thousands of dollars. And those costs are incurred whether or not the official is ultimately found to have violated the law. The Board acted on the assumption that most violations of the law are inadvertent and may even be on the advice of an attorney. The Board also realized that is easy for somebody to make an accusation of an Open Meeting Law violation, forcing the city council member to expend significant sums to defend him/herself regardless of the merits of the allegation. The threat of that kind of litigation could even be used as a tactic to intimidate or coerce council members some cases. Finally, the Board assumed that most city councilmembers act in good faith and try to comply with the law. But sometimes even these best faith efforts are not enough to head cff an Open Meeting Law lawsuit. III. Why should public funds be used to pay for defending someone who actually did violate the Open Meeting Law? Doesn't this encourage city officials to violate the law? The legislature has spelled out in the statute what the penalties are for violating the law: a $100 civil penalty, potential loss of office for repeated violations, and possibly an award of the plaintiff's attorneys' fees in some cases. If the individual has to pay for his/her own defense costs as well, the real monetary penalty to the individual can be many times greater that the penalty the legislature provided in the statute. And how much those defense costs are may not have much relation to how serious the violation was. If more serious penalties are needed to deter violations, the legislature can change the statutes. That makes more sense than relying on defense costs as a kind of hidden penalty that might be wildly disproportionate to the seriousness of the offense, and are incurred even if there was no offense. IV. Why is the coverage optional? Why not simply provide it as a standard part of the liability coverage? The LMCIT Board recognized that there are good public policy reasons why a city might want to protect its officials from this risk. But the Board also recognized that some cities might consider it inappropriate to use their taxpayers' funds for this purpose. Making the coverage optional lets each city make this call for itself. V. What does the Open Meeting Law Defense Cost Reimbursement Agreement cover? Under the new coverage, LMCIT will reimburse a city official for 80% of the defense cost incurred by the city official in defending an Open Meeting Law lawsuit. The Open Meeting Law Defense Costs Reimbursement Agreement is limited to $20, 000. This is the most LMCIT will reimburse any one city official for defense costs for Open Meeting Law lawsuits commenced during the term of the coverage agreement, regardless of the number of lawsuits or the number of actual alleged violations. VI. What doesn't it cover? There are two major kinds of costs for which this coverage would not reimburse the official: 1. Any fine or penalty for violating the open meeting law. 2 . Any award that orders the city official to pay for the opposing party's attorney's fees. As an example, suppose a newspaper is successful in bringing an open meeting claim against a city official. The judge awards a $100 penalty against the official and also orders the official to pay the attorneys fees incurred by the newspaper in bringing the claim. The new coverage would not pay or reimburse either the penalty or the attorneys fees awarded. Note too that this coverage would not cover any legal costs that the city might incur if the city itself were a party to the Open Meeting Law litigation - unless, of course, it was part of a suit that also included a covered claim for damages, as discussed earlier. VII. How will the Open Meeting Law Defense Cost Reimbursement Agreement work? The coverage is significantly different from other coverage provided under the standard LMCIT coverage agreements in a couple important ways. First, unlike LMCIT's liability coverages, the Open Meeting Law coverage does not pay the legal costs on the city official's behalf. Instead, LMCIT will reimburse the city official for 80% of those costs, to a maximum of $20, 000, after the official has incurred those costs. The city official remains responsible for paying his/her defense attorney, including the 20% which LMCIT will not reimburse as well as any costs over $20, 000. 1 Second, the city official retains control of the litigation. The city official makes the decisions on what attorney to hire, whether to settle or compromise the litigation, whether to appeal, etc. The coverage is triggered when a lawsuit is served on the city official alleging a violation of the Minnesota Open Meeting Law. If a lawsuit is filed during that term of the agreement, the city official has to do two things: 1. Notify LMCIT of the litigation; and 2. Select defense counsel. VIII. How much will this coverage cost? Initially, we' ll be basing the charge for this coverage on the premium for the city's liability coverage. Generally, the cost will be 1. 5% of the liability premium, subject to a $500 minimum premium. In an individual city's case the premium could be somewhat higher if in the underwriter's judgement there is a substantially higher risk of Open Meeting Law claims in that city, though we expect this to be rare. ix. How do we go about adding this coverage for our city? Have your agent contact LMCIT's underwriters at Berkley Risk Services and ask for an application form. The underwriters will be able to return quote fairly quickly. X. Whom can we call if we have other questions? If you need additional information or have other questions, you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handles your city. We'd also appreciate any comments or suggestions city officials have for ways this coverage could be improved, or for any other changes cities would like LMCIT to consider. 11/17/93 l a_./ CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Westridge Bay Estates II, 1st Addition Name Change and Developers Agreement DATE: November 30, 1993 INTRODUCTION: At the November 16, 1993 meeting, the Shakopee City Council approved the final plat for Westridge Bay Estates II, 1st Addition, under the consent agenda. BACKGROUND: After the City Council took action on Resolution No. 3895, approving the final plat of Westridge Bay Estates II, 1st Addition, it was discovered that the Scott County Recorder's Office would not record the plat under that name, due to possible confusion with the development, Westridge Bay Estates I Addition in Louisville Township. As a result the developer has requested that the development be titled "Westridge Lake Estates, First Addition" . It was also discovered that the authorization to execute a developers agreement was also inadvertently omitted from the resolution. RECOMMENDATIONS: Staff recommends that the City Council approve the name change and authorize the execution of a developers agreement. To clarify these changes staff felt that a new resolution, Resolution No. 3912 , should be approved and the original resolution, Resolution No. 3895, should be rescinded in its entirety. ACTION REQUESTED: Offer Resolution No. 3912 , A Resolution Approving the Final Plat for Westridge Lake Estates, First Addition, and move its adoption. RESOLUTION NO. 3912 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT FOR WESTRIDGE LAKE ESTATES FIRST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for the Westridge Bay Estates II, First Addition Planned Unit Development on November 4, 1993 , and have 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 for the Westridge Bay Estates II, First Addition Planned Unit Development 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. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. D. Local streets within the plat will be constructed in accordance 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. F. 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 applicant shall submit a revised Final Plat which revises the name of the plat from Westridge Bay Estates II, First Addition to the following, "Westridge Lake Estates First Addition" . 4 . 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. 5. 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. 6 . No direct access from lots to CSAH 14 will be permitted. 7 . No trees or monuments will be permitted within the right-of-way of CSAH 14 . 8 . No raising of water levels within the right-of-way of CSAH 14 will be permitted. 9 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 10. 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. 11. A thirty (30) foot setback shall be required for the street side yard setback along Vista Ridge Drive for Lot 1, Block 1, within this proposed plat. 12 . The applicant must submit verification that the Minnesota Department of Natural Resources has approved the following items prior to the recording of the Final Plat: A. Dredging activities in O'Dowd Lake; and B. Boat docks. That the Mayor and City Clerk are hereby authorized and directed to execute said Final Plat and Developers Agreement. That Resolution No. 3895 is hereby rescinded in its entirety. 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 / ,g. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Amy Wicklund, Planning Intern RE: Initiating Vacation of a Portion of the Alley Located in Block 30, Shakopee Plat DATE: November 19 , 1993 INTRODUCTION: The attached Resolution No. 3906 sets a public hearing date to consider the vacation of a portion of the 16 Foot alley in Block 30, Original Shakopee Plat. DISCUSSION: City Council has directed staff to prepare the necessary documents to convey property in front of Pablo's Restaurant to Mr. Paul Schwaesdall. This property is an alley and would need to be vacated before any conveyance of the property could occur. The attached resolution sets a public hearing for January 18, 1994 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3906, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Alley in Block 30, Shakopee Plat, and move its adoption. RESOLUTION NO. 3906 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF THE ALLEY IN BLOCK 30, SHAKOPEE PLAT WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the 16' alley in Block 30, Shakopee Plat serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 18th day of January, 1994 , at 7 : 00 P.M. , or thereafter, on the matter of vacating a portion of the alley in Block 30, Shakopee Plat. BE IT FURTHER RESOLVED, that two weeks published notice be given in the SHAKOPEE VALLEY NEWS and posted notice be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. 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 YC_. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer # ' SUBJECT: Marschall Road Sidewalk and 10th Avenue Sidewalk DATE: November 9, 1993 INTRODUCTION: Attached is Resolution No. 3907, a resolution ordering an improvement and the preparation of plans and specifications for sidewalk on Marschall Road from 4th Avenue to 10th Avenue and for sidewalk on 10th Avenue from Tyler Street to the Shakopee Town Square Mall. BACKGROUND: Both of these sidewalk projects were included in the 1994 Capital Improvement Budget by the Planning Commission (Project No.'s B-3 and B-4) and are scheduled to be constructed in the summer of 1994. In accordance with the current Special Assessment Policy, neither project will be assessable since both 10th Avenue and Marshall Road fall into the collector/arterial street classification. Being that these projects are not assessable, a public hearing is not mandatory, although the City Council may want to hold an informal hearing to solicit public input prior to ordering these projects. The specific details of each project are discussed separately below. Marshall Road Sidewalk - 4th Avenue to 10th Avenue This project was originally petitioned for by Brook's Hauser (P.I.D. 27-906025-0) in September, 1988. A feasibility report was prepared by staff, but the project was not ordered due to resident concerns about assessments and maintenance. Under the current Assessment Policy, this project would not be assessed as it abuts a collector street. A possible exception to the current policy is the City of Shakopee and the developer for Eagle Creek Junction 2nd Addition signed an agreement in 1987 which delayed construction of sidewalk in all lots adjacent to Marschall Road which was originally a condition for filing the final plat. The agreement further states that the developers waived their right to assessment hearings, and that the City can construct and assess the sidewalk at the discretion of the City Council. This property is currently owned by the Mount Olive Evangelical Lutheran Church. Council is requested to provide direction in this matter. This project consists of adding 5' wide sidewalk on the east side of Marshall Road from 4th Avenue to 10th Avenue. Since the original feasibility was prepared, approximately 535 feet of sidewalk has been constructed from County Road 16 to the north (See Attachment No. 1) as a condition to private development along Marshall Road. This leaves a "gap" in the sidewalk between the existing sidewalk north of 4th Avenue and the new sidewalk north of County 1 Road 16. Sidewalk along Marschall Road is also needed to serve pedestrian traffic to businesses, churches and schools in the vicinity. The estimated construction costs are as follows: Construction Total $49,967.00 * Plus 10% Contingency 4,996.70 Subtotal $54,963.70 Plus 25% Engr./Admin. Fees $13,740.93 Grand Total $68,704.63 * Approximately $14,000.00 of the construction costs are for retaining walls. A detailed cost estimate has been included in Attachment No. 2. Staff is seeking authorization to prepare plans and specifications for constructing sidewalk on the east side of Marshall Road from 4th Avenue to 10th Avenue. 10th Avenue Sidewalk - Tyler Street to Mall The area on the south side of 10th Avenue from Tyler Street to the mall currently experiences high volumes of pedestrian and bicycle traffic (See Attachment No. 3). The existing sidewalk extends 160 feet west of Tyler Street and then dead ends. This sidewalk is severely cracked and disjointed. To the west of the existing sidewalk the foot traffic has worn a path in the dirt to the mall. This path turns to mud after a rainfall and during the spring thaw. The proposed improvement consists of constructing 5 foot wide sidewalk from Tyler Street to the mall. The exact location at which the sidewalk would end at the mall will be decided during the design, however the preliminary plan is to follow the existing path. Additional easements will need to be obtained to construct the sidewalk on the existing path alignment as it is outside the street right-of-way. The estimated project costs are as follows: Construction Total $10,862.50 Plus 10% Contingency 1.086.25 Subtotal $11,948.75 Plus 25% Engr./Admin. Fees $ 2,987.19 Grand Total $14,935.94 Note: This cost estimate does not include any easement acquisition costs. 2 A detailed cost estimate has been included as Attachment No. 4. Staff is seeking authorization to prepare plans and specifications for sidewalk on the south side of 10th Avenue from tyler Street west to the mall. ALTERNATIVES: 1. Adopt Resolution No. 3907. 2. Deny Resolution No. 3907. 3. Table both resolutions for additional information from staff. 4. Schedule an informal public hearing to notify residents of these projects and solicit public input. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3907 ordering the preparation of plans and specifications for both projects. If the Council wishes to hold an informal public hearing, staff should be so directed. ACTION REQUESTED: Offer Resolution No. 3907, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Sidewalk on Marschall Road from 4th Avenue to 10th Avenue and for Sidewalk on 10th Avenue from Tyler Street to the Shakopee Town Square Mall, Project No. 1994-3 and move its adoption. DMN/pmp MEM3907 3 RESOLUTION NO. 3907 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications To 10th Avenue Sidewalk On Marschall Road 10th Avenue From Tyler Street And Sidewalk To The Shakopee Town Square Mall Project No. 1994-3 WHEREAS, the City Council of Shakopee desires to construct ct tosidewalks Shons oen MarTo Road, 4th Avenue to 10th Avenue and on 10th Avenue, Tyler Square Mall; and WHEREAS, this project is included in the 1994 Capital Improvements Plan; and WHEREAS, the City Council will not be utilizing any special assessments to fund this project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Installation of sidewalks on: 1. Marschall Road, from 4th Avenue to 10th Avenue 2. 10th Avenue, from Tyler Street to Shakopee Town Square Mall 2. David E. Hutton is hereby designated as the engineer gin er for tis improvement, and shall prepare plans and specifications for the making of suchp f Adopted in session of the City Council of the City99f Shakopee, Minnesota, held this day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney A... " ‘z. er 4 0,_ ,), � © DNI�IIh Z' � AI ANI d©© - °•-r AIME c4- „, 4 /1111 - Y �~�� 0 IINB W o w ,4411 - 0 i„©„l - > cn = 0 CD . • _S m 0 (n z O - N - O 0 t n — N I`I O 1 lc, - �— 0 x o — oM I-- T Ail Ce Y�'`�+ NW 7 d U ./ /15. 111111111 I- GQ CJ M-------—---—1°_179-— -7°4 -'. .. N (M r i _pp r VI - ,,.- ---------J 333 L.F. r n r, 111 .o a 'al 11•H3S8v N — O 111 r o EN . — O w N Q } A oo Q vim = O Q 0 U — J . ,,,, e ,sow ''1S NVWKID a' ' � ` Allirmil -- UA ` `D n ONJ - 011 Q_ C 3 _ � ar _ � � WAPIll Wo 01612,.. a - .�,A :AO SIN, II=Lill J¢ ,4r 111.6 -1-: 1 U d� Mi �© - 8 - �1 = MI A O M — �0 — ,, '« — s ,, .., low _ J co lit— N Q — - va OW 0�11�111� o o n d1OSU) NIW 111111 co co _ ram ggs - N uam! w �o M M_ c7 2 1 9 I I I -I �. �� / t4 •0NM■li■■g, — -i� ,�•,/ 1°11 o � N 3 a I ca 1 -HHH - N . _ ATTACHMENT NO. 2 PRELIMINARY SIDEWALK COST ESTIMATE MARSCHALL ROAD - 4TH AVENUE TO 10TH AVENUE ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 Common Excavation C.Y. 730 $6.50 $4,745.00 2 Remove Bituminous Pavement S.Y. 133 $1.50 $199.50 3 Relocate Trees EA. 5 $250.00 $1,250.00 4 Retaining Wall S.F. 1065 $13.00 $13,845.00 5 4" Sidewalk S.F. 12130 $1.75 $21,227.50 6 8" Sidewalk S.F. 1200 $2.50 $3,000.00 7 Bituminous Patching TON 20 $35.00 $700.00 8 Remove/Replace Curb &Gutter L.F. 180 $15.00 $2,700.00 I 9 Sod S.Y. 2000 $2.50 $5,000.00 Total $52,667.00 Plus 10% Contingency $5,266.70 Subtotal $57,933.70 Plus 25% Engr./Admin Fee $14,483.43 GRAND TOTAL $72,417.13 SWdQd - - re I ? .. p \-7-->--\_1 ,1- = � _ © �s ® � 00 Q o n ¢ U J U .c.I- da .. .. � �l� gyp, Ny. o aLJ CA I - dna - N�5 . /IN .L, cL- ilk s V. 1P 1 1111 -1 Otani! ,, Cu lD SW 1110 4/01/4N11, \� l 1 1 1 l'i abti \ 1 1'1 Il I1II% \ ' ir R w - Uri S l,,, - o_ mill %.,‘ N= 1 o .6_._ N _S _ - CuI - m N sl cu 0 _S M 4 I 01tiIiill iii .411" .., 4. 1, 7 fd , 1 , 1 ` w '4 \I‘N\ J P60�, ZcP\? > _ _ kP Ld w > `�fJ ��p4, Q O z d J) I— 0 d J fyQ Q 0 �� J �9 j W 0 ��' 0 \> i �' b 3)r 1, 00 f,< ATTACHMENT NO. 4 PRELIMINARY SIDEWALK COST ESTIMATE 10TH AVENUE - TYLER STREET TO SHAKOPEE TOWN SQUARE MALL ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 Remove Sidewalk S.F. 800 $1.50 $1,200.00 2 4" Concrete Walk S.F. 3850 $1.75 $6,737.50 3 8" Concrete Drive S.F. 825 $2.50 $2,062.50 4 Sod S.Y. 345 $2.50 $862.50 Total $10,862.50 Plus 10% Contingency $1,086.25 Subtotal $11,948.75 Plus 25% Engr./Admin Fee $2,987.19 GRAND TOTAL $14,935.94 OiSEi'fl MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: 11th Avenue Storm Sewer Laterals ed DATE: November 22, 1993 INTRODUCTION: Staff is requesting authorization to prepare a feasibility report for storm sewer laterals on 11th Avenue. Attached is Resolution No. 3911 which orders this report. BACKGROUND: This project was included in the 1994 Capital Improvement Program which was adopted by the Shakopee City Council on October 5, 1993. The area around 11th Avenue (typically referred to as the Notermann Addition) currently has little or no storm sewer. Storm water is intended to travel along the curb lines to storm sewers on 10th Avenue. This system of storm water management is not very efficient and needs to be studied to find a more efficient system. ALTERNATIVES: 1. Adopt Resolution No. 3911. 2. Deny Resolution No. 3911. 3. Table Resolution No. 3911 for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. In order to have this project ready to bid in the spring, the study must be started now. ACTION REQUESTED: Offer Resolution No. 3911, A Resolution Ordering the Preparation of a Report on 11th Avenue Storm Sewer Laterals and move its adoption. DMN/pmp MEM3911 RESOLUTION NO. 3911 A Resolution Ordering The Preparation Of A Report On 11th Avenue Storm Sewer Laterals WHEREAS, it is proposed to improve 11th Avenue by the addition of storm sewer laterals and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT y� MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: New Street Connection Between Existing County Road and New County Road 18 DATE: November 30, 1993 INTRODUCTION: Attached is Resolution No. 3908, which orders a feasibility report prepared for the above referenced project. BACKGROUND: The 1994 Capital Improvements Program includes the proposed street connection between the existing C.R. 18 and the proposed, new C.R. 18 alignment. Since Scott County is proposing to construct the new C.R. 18 in 1994, the City may want to design and build this new street at the same time, possibly under a joint project with the County, in order to obtain the best possible bid prices. Staff is requesting authorization to prepare a feasibility report on this project by Resolution No. 3908. This particular feasibility report will be more difficult than the usual feasibility studies. Most feasibility studies are basically the cost estimates and proposed assessment roll. There is usually minimal amount of engineering or preliminary design done on most feasibility reports since the street and utility alignment are usually established. In this particular study, the exact street alignment is unknown which will necessitate doing some preliminary design as part of the feasibility study. There are many constraints in this area such as wetlands,environmental issues,old landfills,topography,available right-of-way,property lines and County Road access points that need to be evaluated to determine alignment alternatives as part of the feasibility report. In other words, this report will require some amount of actual preliminary street design prior to finalizing the report. Staff is proposing to complete this feasibility report in-house, although it may take longer to complete. The consultant that prepared plans and did all the design work for C.R 18 for Scott County, Strgar-Roscoe-Fausch, is also one of three consultants currently being retained by the City and there may be some advantages to utilizing them for this study but at this point staff recommends using in-house personnel. This project would probably be assessed 100% to the abutting landowners, except for any street oversizing costs, but the feasibility report will address the various funding options available. ALTERNATIVES: 1. Adopt Resolution No. 3908, ordering a feasibility report prepared on this project. 2. Deny Resolution No. 3908. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3908, A Resolution Ordering the Preparation of a Report on an Improvement to an Unnamed Street Connecting the Existing County Road 18 with the Proposed New County Road 18 and move its adoption. DEH/pmp MEM3908 RESOLUTION NO. 3908 A Resolution Ordering The Preparation Of A Report On An Improvement To To An Unnamed Street Connnecting The Existing County Road 18 With The Proposed New County Road 18 WHEREAS, it is proposed to improve an unnamed street between existing County Road 18 and the proposed new County Road 18 by new street construction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY [HE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney • .7' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII. -• ...„ -7--'-----'.-•- "'' .. ...__,_ .2. I I . —I-. i:- • a i 1 . . ly 1 • . (17 , ......... a% ,C, • '."".....---.1.4'. 0—.' I 2000 0 2000' Cr •--. . "..--•:--;- -- : 2: --.i....--- ... ,i-----.._ -0, ‘,.. 4,-.• % ._____ • .' :. Z •:* --........ I •••••••• 1993 CONSTRUCTION — — FUTURE CONSTRUCTION • __.-• ....... , - - • -, • _.,...,•11011111114. i i- _.:-- I _T.H.101/SHAKOPEE BYPASS ----.- • I" _______--------_ -----• • • Ilii .• • , ;— --1 I . Tirvitipy \\ , .- . 7--- , -. . __ CITY OF SHAKOPEE 4. ____4_ h.1 •----------..... • • , ,, I . • . • ,. . ,_. h , • i L ii," 01 I , . . I I , , • • ! . , . ;t=i,_ .1.2. • x•.--,, ; , ,, • I DEAN 1 \\ ..__ • LAKE' woo. i , I - ,.., • /• . 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I- __. _. •,• _ _ _ • ! 1 .: • , 1 i I . . • C.S.A.H.21 131 :I: ' ' • :-.•:.7_-._. _ 7.7.7.-7---•]•.•:-.: ...--_.7.-_•:•:-:-.--_-•77.-_•--_•'7_--2.7..1".-.-,--;-:•;,F-:- ----:---'..7::-----------------------------------.- --77-7-7---:----.7_ SCOTT COUNTY' FIGURE 6 SRFStrgar-Roscoe-Fausch,Inc. Consulting Engineers C.S.A.H. 18 and C.S.A.H. 21 PROPOSED STAGING FEASIBILITY STUDY 1111•1111www.r s i\J i??/ MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: 2nd Avenue, Project No. 1991-3 DATE: December 1, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 2nd Avenue Project No. 1991-3 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3914, A Resolution Accepting Work on 2nd Avenue, from Sommerville Street to Shawmut Street Including Various Abutting Cross Streets, Project No. 1991-3 and move its adoption. JD/pmp MEM3914 RESOLUTION NO. 3914 A Resolution Accepting Work On 2nd Avenue, From Sommerville Street To Shawmut Street Including Various Abutting Cross Streets Project No. 1991-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 25, 1991, Barbarossa & Sons, Inc., 1100 93rd Ave. North, P.O. Box 367, Osseo, MN 55369 has satisfactorily completed 2nd Avenue, from Sommerville Street to Shawmut Street including various abutting cross streets by complete reconstruction (pavement, curb & gutter, storm sewer, santiary sewer and watermain), in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$1,000.00, taking • the contractor's receipt in full. 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 CERTIFICATE OF COMPLETION CONTRACT NO , : 1991 . 3 DATE. December 1 , 1993 et PROJECT DESCRIPTION : 2ntodShawmut , from StreetSIncludingeVarious Abutting Cross Streets CONTRACTOR : Barbarossa & Sons , Inc . 11000 93rd Avenue North Osseo , MN 55369 ORIGINAL CONTRACT AMOUNT $ 1 , 008 , 777 . 00 QUANTITY CHANGE AMOUNT $ 57 , 525 . 52 CHANGE ORDER NO . 1 THRU NO . 3 AMOUNT , , $ 63 , 932 . 75 FINAL CONTRACT AMOUNT $ 1 , 130 , 335 . 37 $ 1 , 129 , 335 . 37 LESS PREVIOUS PAYMENTS FINAL PAYMENT $ 1 OOn o0 I , hereby certify that the above described work was inspectf ed under my direct supervision and that, to the best of tydbeliin ell knowledge, I find that the same has been fully comply modifications approved respects according to the contract, together with above specified approved by City Council . I , boveefore,named Contractor . final payment be made to the above Professional Engineer MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II SUBJECT: Vierling Drive, Project No. 1992-3 DATE: December 1, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Vierling Drive Project No. 1992-3 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3916, A Resolution Accepting Work on Vierling Drive, Between County Road 17 and County Road 79, Project No. 1992-3 and move its adoption. JS/pmp MEM3916 RESOLUTION NO. 3916 A Resolution Accepting Work On Vierling Drive, Between County Road 17 And County Road 79 Project No. 1992-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 24, 1992, Erickson Construction, Inc., 13616 Pleasant Lane, Burnsville,MN 55337 has satisfactorily completed Vierling Drive, between County Road 17 and County Road 79 by street, curb& gutter, and storm sewer construction, in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$4,200.00, taking the contractor's receipt in full. 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 CERTIFICATE OF COMPLETION CONTRACT NO , : 1992- 3 DATE : December 1 , 1993 PROJECT DESCRIPTION : Vierrlingg Drive , Between C . R . 17 and CONTRACTOR : Erickson Construction , Inc . • 13615 Pleasant Lane Burnsville , MN 55337 ORIGINAL CONTRACT AMOUNT $ 450 , 220 . 67 QUANTITY CHANGE AMOUNT $ ( 20 , 160 . 01 ) CHANGE ORDER NO , 1 THRU NO . -- AMOUNT . . $ 8 , 175 . 06 FINAL CONTRACT AMOUNT $ 438 , 235 . 72 434 , 035 . 72 LESS PREVIOUS PAYMENTS $ $ 4 , 200 . 00 FINAL PAYMENT I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and all knowledge, I find that the same has been fully completeddinications respects according to the contract, together with endany above specified approved by City Council . I, therenamed d Contractor . final payment be made to the above 40 Professional Engineer MEMORANDUM('‘0 G\1 iq TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Premises Permit - Prior Lake Lions Club DATE: December 2 , 1993 INTRODUCTION AND BACKGROUND: The Prior Lake Lions Club is applying for a premises permit for raffles, paddlewheels, putt-tabs and tipboards at the Canterbury Inn in the Players Bar and Grille. This is the same location recently approved for a premises permit for the Optimist Club of Burnsville. Canterbury Inn plans on terminating their lease agreement with the Optimist Club effective December 31, 1993 . The Prior Lake Lions Club plans on complying with the City requirement to expend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. (The City's trade area consists of the City of Shakopee and all cities contiguous to the City of Shakopee. ) ALTERNATIVES: 1] Table 2] Approve 3] Deny RECOMMENDATION: Staff recommends alternative 2 , approve, with a condition contained in the resolution that the existing license is terminated. RECOMMENDED ACTION: Offer Resolution No. 3915, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Prior Lake Lions Club, and move its adoption. �w. . Bot CANTERBURY INN WO LD LODGING November 29, 1993 Ms. Judy Cox City of Shakopee Dear Ms. Cox: MIN Hotel Corp/dba Best Western Canterbury inn will be terminating the lease agreement with the Optimist Club of Burnsville because of breach of contract effective December 31 , 1993. Best Western Canterbury Inn has signed with the Prior Lake Lions Club. Best regards , Debra Carey General Manager DC/js 1244 Canterbury Road • Shakopee, MN 55379 • (612) 445-3644 • Fax (612) 445-5710 • Toll Free 1-800-528-1234 RESOLUTION NO. 3915 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMITS FOR THE PRIOR LAKE LIONS CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Prior Lake Lions Club is seeking a Premises Permit for Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Premises Permit for the Prior Lake Lions Club at Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota, be approved, conditioned upon the surrender or termination of the existing Premises Permit to the Optimist Club of Burnsville. Adopted in Regular 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 (30 SENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments Parcel No. 27-004069-0 DATE: December 2 , 1993 INTRODUCTION AND BACKGROUND: The City has been advised of the split of a parcel of land which was assessed for the 2nd Avenue improvements. The legal description of the parcel contained two platted lots. One of the lots has been sold and assigned a new parcel number. It is appropriate to apportion the 2nd Avenue special assessments against the two new parcel numbers, one-half for each lot. Both property owners have been notified of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 3918 , A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Subdivision Of Land, Parcel No. 27-004-069-0, and move its adoption. RESOLUTION NO. 3918 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND PARCEL NO. 27-004069-0 WHEREAS, on November 17, 1992 , Resolution No. 3703 adopted by the City Council levied assessments against properties benefitted by construction of the 2nd Avenue improvements, Project No. 1991-3 ; and WHEREAS, a tract of land benefitted by the said improvements, known as parcel number 27-004069-0, has been subdivided so as to create two parcels; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tract between the two newly created parcels; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1993 payable remaining balance of assessments to parcel 27-004069-0 is $14 , 881. 99 for the 1991-3 2nd Avenue Improvement Project and is hereby apportioned as as follows: PROPERTY LEGAL 1991-3 P. I .D.NO. OWNER DESCRIPTION Code 76 27-004069-0 Albert M. Gelhaye Lot 6, Block $7, 440. 995 Estate 11, East 206 S. Scott Shakopee Plat 27-004069-1 Scott E. Ring Lot 5, Block $7, 440. 995 837 E. 3rd Ave. 11, East Shakopee Plat 2 . That all other parts of Resolution No. 3703 shall continue in effect. Resolution No. 3918 Page -2- Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of December, 1993 . , Mayor , City Clerk Approved as to form , City Attorney MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: December 3 , 1993 1 . Attached is a memorandum from the Accountant/Research Analyst regarding sale of surplus property. 2 . Attached are the November 17, 1993 minutes of the Community Development Commission. 3 . Attached are the November 9th & 18th, 1993 minutes of the Planning Commission. egY 4 . Attached ismaterial regarding Ref ional Economic t Summaryby the o Metropolitan Council from Councilor Lynch for your information. 5 . Attached are the October 27,Coalition 1993 meeting.es of the Scott County Economic Development 6 . Attached is a memorandum from the City Planner regarding dealers licenses . 7 . The th City he Easteived notice Marschall Road, aree being Village ref pnanced. This 4th ACSout the partnership refinancing will allow the Owner to buy minority interestnrin interests of certain partners holding the Owner. It appears that this action willof the extend "tlenthe low income affordability restrictions . A copy Action" is on file at city hall . Anyone desiring to see it should contact Judy. 8 . Attached is correspondence from the Fire Chief to the MN State Fire Marshal regarding Murphy' s Landing. 9 . Attached is correspondence hiXp o the Cim orilerk SPUC. to Mr. Barry Kirchmeier regarding 10 . Attached eport from the Law Department on Court Appearances . 11 . Attached is the Police Newsletter for Council review. 12 . Attached are the November 17, 1993 minutes of the Energy and Transportation Committee. 13 . Attached is the monthly project report from the Assistant City Administrator. 14 . Attached is the monthly progress report from the Planning Department . 15 . Attached is correspondence from the City Clerk to Murphy' s Landing regarding the expiration of their lease agreement . 16 . Attached are the agendas for BDecember , 1993 9 3&meetings ,of tthe Planning Commission and oard 17 . Attached is the monthly progress report on projects from the Engineering Department for November. 18 . Attached is correspondence to the Mayor regarding the Hockey Arena. 19 . Attached is correspondence to the Mayor from Irwin Jacobs regarding Canterbury Downs . 20 . Attached is a memorandum from the Mayor regarding the November 27th article in the Star Tribune. 4* 1 TO: Barry Stock, Assistant City Administrator FROM: Vernice Takumi, Accountant SUBJECT: Sale of Surplus Property DATE: November 23 , 1993 The sale of surplus property was held on November 18, 1993 . Sales totaled 958 . 00 of which 58 . 47 will be paid in sales taxes. All of the bicycles were sold, and most of the other items. However, we still have 6 metal desks, a few chairs, all of the light fixtures, and most of the computer equipment. All in all the sale was a big success considering the state of the surplus property that we had to sell . OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION SHAKOPEE, MINNESOTA NOVEMBER 17, 1993 The meeting was called to order at 5 :30 p.m. with the following ng members present : VanHorn, Unseth, Dirks, Albinson, Phillips . Commissioner Miller was absent . Barry A. Stock, Assistant City Administrator was also present . Phillips/Brandmire moved to approve the minutes of the October 19, 1993 meeting as kept . Motion carried unanimously. Mr. Stock noted that the Shakopee City Council has authorized hiring an additional City Planner in 1994 . Mr. Stock also noted that the City is looking for a Planner to assist Lindberg Ekola in completing long range planning studies . Mr. Stock stated that the Irwin Jacobs group has not been in contact with the City of Shakopee. At this time we have no more information than what is being published in the newspapers . Discussion ensued on the Rehab Grant Program. Mr. Stock noted that at the worksession held on November 3 , 1993 it was suggested that the design guidelines currently in place for the City of Hastings be incorporated into the Shakopee Rehab Grant Program. Mr. Stock stated that if this is the desire of the Commission that the former uld be aced in lieu of the Rehab Grant nes . Severalminores grammaticalnew guiuideli changes were suggested by the Commission. Brandmire/Unseth moved to incorporate the new design guidelines into the Rehab Grant Program. Motion carried unanimously. Discussion ensued on the status of Blocks 3 and 4 in downtown Shakopee . Chairman Albinson volunteered to set up individual meetings with Councilmembers to present the Commissions findings regarding downtown redevelopment options for Blocks 3 and 4 . It was the consensus of the Commission that the small individual meetings should be held prior to a more formal presentation at a regular Council meeting. This would allow Councilmembers to ask questions and provide the Commission more time to respond to questions that maybe posed. Commissioner VanHorn noted that if the CDC intends to present the Rehab Grant Progamuideelines s to the o the HRA in December and if they are approved, property North side of 1st Avenue could apply for funding to improve their structures. Commissioner VanHorn stated that this may be counter productive to any potential plan to acquire Blocks 3 and 4 . Mr. Stock noted that Mr. VanHorn was correct and in order to prevent development and utilization of the Grant Program for properties in Blocks 3 and 4 the Commission could do one of the following: 1 . Request the Planning Commission to establish an interim ordinance for Block 3 and 4 (moratorium) . 2 . Amend the program guidelines deleting Blocks 3 and 4 from the eligible project area. 3 . Leave Block 3 and 4 in. Official Proceedings of the November 17, 1993 Community Development Commission Page -2- 4 . Table adoption of the Rehab Grant Program until some action is taken in regard to Blocks 3 and 4 . It was the consensus of the Commission to outline this issue and the options available when the Rehab Grant Program Guideline Amendments are presented to the HRA. Discussion ensued on the potential for acquiring Blocks 3 and 4 . Mr. VanHorn stated that if we cannot find a developer to redevelop Blocks 3 and 4 it might be appropriate to forgo acquisition until a developer can be found. He stated that the current properties are at least generating a tax base . Chairman Albinson stated that the amount of tax base generated by Blocks 3 and 4 is minimal . Mr. Stock stated that he has the property tax information for Blocks 3 and 4 . Block 4 will generate approximately roxma 2400000 $10 , 000 . 00 ngross taxes for payable 1993 . Block 3 generates approximately $ in gross property taxes for payable 1993 . Chairman Albinson stated that the City' s portion of the taxes equate to approximately 18% . Chairman Albinson noted that even if those properties are demolished that the amount of tax base loss to the City is minimal . Commissioner VanHorn stated that he did not realize that the taxes generated for those parcels was that minimal and that he felt it was important for facts like this to be available when the presentations are made . Commission Phillips stated that he felt we should continue to solicit developers to view the concept for redeveloping Blocks 3 and 4 . Commissioner VanHorn concurred. Chairman Albinson stated that he felt it is a little premature to continue soliciting developers when we are not sure whether or not Council is willing to participate in the redevelopment project . He stated that he did not like to waste developers time when we did not have answers to their questions regarding the amount of assistance available from the City. Commissioner VanHorn stated that he would like to continue to try to solicit developer comments regarding the proposal . Chairman Albinson Stated that he felt the time frame that we are working in was very short and that the concerns expressed by Mr. VanHorn and Phillips would more than likely be addressed in the near future and contacts with developers could be made in a relatively short time frame. It was the consensus of the Commission that if meetings could be set up with the Councilmembers that they should occur in the evening. All of the Commissioners stated that they would try to be in attendance . Chairman Albinson stated that he would attempt to schedule the meetings tomorrow. He stated that he would contact the Commissioners when exact meeting dates have been established. VanHorn/Brandmire moved to adjourn the meeting at 6 :25 p.m. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session Shakopee, Minnesota November 9, 1993 MEMBERS PRESENT: Joos, Madigan, Kelly, Mars, Zak, Christensen, and Spurrier MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Terrie Sandbeck, Assistant City Planner Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 30 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO CHAPTER 11, LAND USE REGULATION (ZONING) OF THE SHAKOPEE CITY CODE. Chrmn. Joos opened the public hearing to consider amendments to Chapter 11, Land Use Regulation of the Shakopee City Code. The City Planner welcomed everyone to the meeting and thanked them for attending. He then gave a brief introduction stating why we are all here. He stated that over the past several years the City has encountered various problems from property owners and business men and women regarding the development or redevelopment of their property. With the construction of the two bridges and the new by-pass, Shakopee is a growing community. He stated that the current ordinance was adopted in 1979 and needs to be brought up to date. The City Planner stated the importance of the Zoning Ordinance Committee (ZORC) . The Zoning Ordinance is the chapters in the City Code which regulates land use within the City. It was first adopted in 1952 . The second revision took place in 1966, and the third in 1979 . This will be the fourth update for the City of Shakopee. The City Planner informed the audience that in 1988, the Comprehensive Plan was adopted. The Comprehensive Plan is the policy document for guiding the general growth of the City. In this document, a recommendation was made to Wombs of the Page - 2 Shakopee Planning Commission November 9, 1993 update the Zoning Ordinance. In March, twelve members were appointed to the Zoning Ordinance Committee. The purpose of this committee was to review the draft prepared by the City's Zoning Consultant. This was a person hired earlier this year. The Zoning Ordinance Committee has had ten meetings. After the committee reviewed the information from the consultant, their recommendation is made to the Planning Commission. The Planning Commission's role is to review the recommended draft from ZORC, receive public testimony, and send a final recommendation to the City Council for final review and adoption. Once the text is updated, the mapping process begins. The City Attorney explained to the audience the basic framework that should be used when reviewing the ordinance. The first item is the Introduction - what zoning is all about and why we have it. The main point is to direct land uses from incompatible uses and property values and to promote public safety and welfare of the citizens. The second part of the framework is the Definitions. The third are the Zoning Districts. The Zoning Districts are divided into three categories: residential, business and industrial. Within each district, are permitted uses, conditional uses, accessory uses and design standards. Permitted uses are allowed without a lot of questions or further review by the government. The Conditional Uses require some review in order to make them not harm the neighbors. The Accessory Uses are the small uses and include items such as garages. The fourth are the Design Standards. These set out how a project is supposed to look when it is finished. The fourth part of the framework, the City Attorney pointed out, was the Zoning Map. This is an important part of reviewing the ordinance, but will be completed at a later time. The fifth part of the framework is the Overlay Districts. These are the districts that sit on top of another district. Overlay districts are also used for flood main areas and shoreline areas. The sixth item the City Attorney covered was the Performance Standards. These would cover items such as noise and air pollution. Minutes of the Page - 3 Shakopee Planning Commission November 9, 1993 The seventh item on the framework includes the Parking Standards. This indicates how much parking is needed for each use. The eighth item on the framework is the Sign Ordinance. There are no particular changes being made on this ordinance. The ninth item includes the Nonconforming Uses. The ZORC and staff are recommending that a lot of those structures that were nonconforming be made conforming. The last item on the framework includes Administration and Enforcement. This item talks about the roles of the different committees and the administration of the ordinance. The City Planner pointed out on a couple of maps where different land uses would occur in the community and the general policy guide for the development of the zoning ordinance. He stated that Shakopee is a very well-laid out community. He stated that the land uses are well organized, with a central downtown core with residential surrounding it. The City Planner stated the areas that are planned for residential growth start south of the by-pass and work to the south to the bluff area. South of the by-pass is zoned for agricultural uses and further south rural residential. The City Planner went on to say the different recommendations established in the Comprehensive Plan. First of all, one currently being worked on is to update the zoning ordinance. Other recommendations include: the creation of a single-family detached residential district, the creation of a business park, the creation of a heavy commercial area, updating the shoreline and flood plain overlay districts, and creation of an institutional office housing land use plan. The City Planner stated that the Comprehensive Plan sets general perimeters for the zoning ordinance text amendment process and the map amendment process to reflect specific ways to implement the directions established in that Plan. Wo Page- 4 of the November 9, 1993 Shakopee Planning Commission There were two documents handed out at the meeting: The Revised Zoning Ordinance Draft as Recommended by the Zoning Ordinance Committee; and, second, Staff Recommendations for the Revised Zoning Ordinance Draft as Recommended by the Zoning Ordinance Committee. Chrmn. Joos stated that this meeting would adjourn at or about 10: 00 p.m. and another meeting is scheduled for November 18, 1993 , to continue this discussion. He also stated that this meeting is not to discuss the mapping process. The mapping process will be discussed once this ordinance is adopted. Comm. Spurrier asked if this ordinance was not adopted until the mapping process is finished. The City Attorney responded that the proposal is to have the mapping and text done separately. Once the text is approved by the Planning Commission and the City Council, it will be adopted but will not be effective until the mapping has been adopted. Comm. Spurrier stated he doesn't like to see something adopted until it can be mapped. He hates to see these following separate tracks. Chrmn. Joos entertained a motion to adopt Comm. Spurrier's suggestion, but the motion failed. The first item discussed on the zoning ordinance was Section 11. 20 - Zoning Districts. The City Planner gave an overview of what the Zoning Ordinance Committee is proposing. The Agricultural Preservation and Rural Residential was proposed to be maintained. The creation of three new R-1 districts was proposed. They include: R-1A - Low Density residential, larger lots with a minimum of 20, 000 square feet; R-1B - Urban Residential, single family detached structures including duplexes with a minimum of 9 , 000 square feet; and R-1C - Old Shakopee Residential, single family detached structures and existing duplex structures, minimum of 8000 square feet. The City Planner provided other recommendations by ZORC. The Medium Density Residential has been recommended to be changed from R-3 to R-2 ; and Multi-Family Residential has been recommended to be changed from R-4 to R-3 and will not allow single family land uses. ZORC has also recommended that the former B-1 and B-2 be brought into one district and be called the Highway Business District. It has also recommended the creation of a second commercial business district called Office Business (B-2) Wombs of the Page- 5 Shakopee Planning Commission November 9, 1993 and to be used strictly for office type uses. A third recommendation by ZORC is to maintain the Central Business District (B-3) zoning that we currently have. The City Planner stated recommendations regarding the Light Industrial Districts to change the I-i in terms of wholesale and warehousing and move it over to the I-2 District; and, second, the creation of the Floodplain, Shoreland, Mineral Extraction and Planned Unit Development Overlays. Comm. Christensen asked why the Racetrack District was deleted. Chrmn. Joos stated that it was mandated from City Council that it be deleted and it was no longer a useful item. Comm. Christensen stated her concerns that until it is decided, it ought to remain a Racetrack District or a Special Use District. She feels reluctant to vote for that unless it was switched to another category. Chrmn. Joos stated that comments have been made regarding this indicating that a lot of development was being hindered by the Racetrack District designation because of specifics involved with the racing industry. Bob Sweeney, 506 South Holmes Street, Shakopee, MN, approached the podium. He stated that since the recent sale of the racetrack it is suggested that we retain the racetrack district designation as it exists in the present ordinance and ultimately be remapped so that the racetrack is what's in the racetrack district rather than several thousand acres. He stated that a generalized racetrack district would still be opposed by most of the City Council members. Motion: Comm. Christensen/Zak made a motion to retain the racetrack district as it currently stands. Comm. Spurrier stated that he is in favor of not removing the Racetrack District. John Schmitt, 1015 South Main, Shakopee, MN, approached the podium. He stated that he feels there is a need to retain the Racetrack District for a period of time to allow the track to settle on what's going to happen with the facility. He stated that the Ordinance as it reads today, states that there are three alternatives: Light Industrial, Heavy Industrial and Commercial. Therefore, he feels it is necessary to make a decision from both the Ordinance and with mapping to buy time to get a shot at developing that area. Minutes of the Page - 6 Shakopee Planning Commission November 9, 1993 Comm. Zak stated that we should retain it until we know what is going to happen; see if the track is going to survive this time or not. He stated that we need to stay in control of the environment. Comm. Mars stated that he feels there is a need to open up the land for other development and not retain the whole district just the land right around the track and allow some growth to develop properly. Chrmn. Joos stated that this is a mapping issue to be discussed later. Chris Anderson, 1438 Mars Street, Shakopee, MN, approached the podium and stated that he is in agreement with Comm. Mars's statement. Vote: Motion carried six to one with Comm. Mars voting against. It was a consensus to accept Sec. 11. 30 - Zoning Districts and to move on to Sec. 11.21 - Zoning Map. Chrmn. Joos recognized anyone from the audience wishing to speak regarding the Zoning Map - Sec. 11. 21. There was no response. Chrmn. Joos recognized anyone from the audience wishing to speak regarding the District Boundaries; Interpretation - Sec. 11. 22 . There was no response. Chrmn. Joos pointed out that Sec. 11. 23 - Reserved, has been deleted. Chrmn. Joos opened the public hearing to discuss Sec. 11. 24 - Agricultural Preservation District (AG) . Comm. Christensen asked if the words "the unsewered" meant once sewer was put in, that area would no longer be considered an "Ag" area. The City Planner responded that in order for property that is zoned any district, including the Agricultural Preservation District, a formal process of a recommendation from the Planning Commission and City Council approval would be necessary for land to become rezoned to a different district. Comm. Christensen asked if it could still be kept as Ag or does it lose its zone for running sewer lines out there. The City Attorney responded that if the land were to gain sewer when it doesn't have sewer, its not going to affect zoning but will indicate land that may not be 7 age P - M1nutes of the NovembeP 9, 7 Shakopee Planning Commission 93 John Voss, Planning Consultant, 7300 147th Street, Apple Valley, MN, representing Fischer Aggregates, Inc. Mr. Voss stated that he doesn't see a place in the Zoning Ordinance where mining may be permitted and was concerned that this has been deleted. The City Attorney responded that the Ordinance has in it a draft Mineral Extraction Overlay District that is a part of the draft Ordinance. She recommended that we discuss it at the November 18th meeting in order for staff to provide comments on it as well. Chrmn. Joos pointed out that when reading the draft ordinance, the lined items are being deleted and the shaded items are being added. John Schmitt, 1015 South Main, Shakopee, MN, approached the podium. He is concerned with Subd. 2B, farmstead residences, plus one additional non-farmstead single family dwelling per 40 acres, was going to be deleted. The City Planner responded that what is proposed is that a single family detached dwelling can occur as a permitted use within the agricultural district. Mr. Schmitt stated that this is a way of minimizing non- family residential development in the Agricultural Preservation District and stated a concern with the farmsteads who want a hired hand. The City Planner clarified by stating that the staff's draft states that the density is 1 per 40 and that the hired hands are covered under the Conditional Use Permits. The current Ordinance allows one non-farmstead to split off an original 40 acre parcel of 2 1/2 acres in size. The City Planner also pointed out on a map that Shakopee has protected the central area of the community very well to future urban development in a 1 per 40 category. It is kept at a 1 per 40 provision for a temporary use for a hired hand to live and keeps the options open to occur in that area. Mr. Schmitt stated that he felt the definition of kennels, commercial feedlots, and agricultural research facilities, should be put in the definition section. The City Attorney stated that it was recommended by the committee to put the definition where the question is so people would read it and keep the definition section short so people could find the definitions quickly. Mr. Schmitt also stated that he does not agree with the wording of item K "without regard to height" and suggests Minutes of the Page- 8 Shakopee Planning Commission November 9, 1993 that be stricken from the record. He also suggested that under Rural Residential Subd. 6 A & B, those two items be added to the Ag Zoning. Comm. Spurrier stated that in regard to the height limitation, it is appropriate to look at that carefully and he feels that that's an important structure and we could ruin a lot of property because that intention is to protect property. Chrmn. Joos recognized anyone else from the audience wishing to speak on these matters. There was no response. It was a consensus from the Planning Commission to add items A and B from Subd. 6 to the Agricultural Preservation District. Comm. Kelly recommended that under Subd. 3 , item K, be moved and added to item O. Comm. Mars suggested that we don't need the statement "without regard to height" because a developer needs to come to a developer first to get it approved anyway regardless to how high or low it is. Comm. Spurrier proposed to eliminate radio and television towers of Subd. 3 O. from the Ag Zone. The City Attorney stated that the Staff recommended the addition of those words because this zone is being protected more than any other zone for height structures. She stated that there needs to be a CUP there. If you don't allow anything in that zone that's over 35 feet in height except grain elevators, barn silos, and elevator lines, the water tower is going to have a hard time. In the other zones we have allowed any structure over the height limitation to come in as a CUP. Chrmn. Joos stated that K and 0 under Subd. 5, are basically two of the same. The City Attorney stated that is not a true statement and went on to give the definition of what essential utility service structures means - it does include power lines. Comm. Kelly stated that that would then allow the Cellular One antennae scenario to exist in the Ag Zone where it was just stated that be reduced that being a private telephone facility under Item K. The City Attorney clarified by stating it would come under the height limitations or under Item O. Minutes of the Page- 9 Shakopee Planning Commission November 9, 1993 John Schmitt, 1015 South Main, Shakopee, MN, approached the podium and stated he feels the City would be waving a flag but would go ahead and do it even if it required a CUP. He feels that in Subd. 5, item D, where it states that other structures may exceed this limitation only as provided in Subd. 3 . 0 above, gives you the right to deal with a height that is beyond 35' under the rules established for a CUP. He feels a person has the ability to go beyond 35' with item 5D applying that to items K and O. Motion: Comm. Spurrier/Zak made a motion to strike the Subd 3 , item 0, except for the words "church spires and electric transmission lines" . Comm. Christensen asked why Item 0 was an addition. The City Planner stated that this was not an addition, but was an existing provision from Subd. 5A. Item 0 was intended to allow a CUP because previously it was permitted outright. Chrmn. Joos stated that the reasoning for this was to allow them but still have some control over them. Chrmn. Joos recognized anyone else from the audience wishing to speak regarding this matter. There was no response. Vote: The voting was one to six, with Comm. Spurrier voting in favor and Comm. Mars, Christensen, Joos, Zak, Kelly and Madigan voting against. Chrmn. Joos asked for comments regarding item K. , "without regard to height" . There was no response from the Board. Therefore it was recommended to leave item K as it stands in the Ordinance. Chrmn. Joos asked the City Attorney to comment on the changes with Subd. 3 , Item Q. The City Attorney explained why ZORC decided to add Board of Adjustments and Appeals and take out City Council. She stated that right now all CUP's come before the Planning Commission. The Planning Commission usually acts in an advisory role to the City Council, with CUP's as the one exception. The Planning Commission makes a final decision, subject to appeal. That type of action is the role of the Board of Adjustments and Appeals. In order to keep the roles of the two boards simpler, Staff is recommending that all CUP's go to the Board of Adjustments and Appeals so you can make a final decision on what's before you. Minute of the Page-10 Shakopee Planning Commission November 9, 1993 Chrmn. Joos stated that a change to Subd. 3 , Item Q, would be made to add the words "Board of Adjustment and Appeals" and take out "City Council" . A second change is to Subd. 4 , Item J, to read "other accessory uses as determined by the Zoning Administrator" . A third change, Chrmn. Joos pointed out, was to Subd. 3 , Item F, the definition for agricultural research facilities was added because this is the only place that term is ever used. Chrmn. Joos pointed out changes to Subd. 5. The City Planner clarified by stating that no substitute changes have been made at all, the title was just shortened and the information organized. The City Planner pointed out that in the Staff draft, this is consistent throughout all of the Zoning Districts. Comm. Christensen asked why the word "private" was stricken from the Ordinance in Subd. 4 . The City Attorney responded that the Consultant meant that the term "private" to mean non-commercial. SEC. 11. 25 RURAL RESIDENTIAL Chrmn. Joos stated that they would go with the staff recommendations for Subd. 3 , Item H and Item 0; Subd. 4 , Item F and Item L; and to approve Subd. 5, to make these recommendations consistent with the changes in the Ag Zone. The Board also approved to strike the word "greenhouses" from Subd. 4 , Item C, because it is covered in the rest of the language. Motion: Comm. Kelly/Zak made a motion to strike the words "are owned" from Subd. 3 , Item L. Comm. Kelly feels that any type of commercial activity involving two or more animals would be regulated by the CUP, but private ownership of animals would not be restricted with the CUP. Vote: The motion carried six to one, with Comm. Christensen voting against. At this time, the City Attorney introduced Ron Batty, the Consultant that was hired in the Spring to work on amending the Ordinance. Chris Anderson, 1438 Mars Street, Shakopee, MN, approached the podium and requested the Board to skip ahead to Sec. 11. 32 - Light Industrial. Chrmn. Joos Minutes of the Page -11 Shakopee Planning Commission November 9, 1993 recognized the board if they had a problem with that, but there was no response. SEC 11. 32 - LIGHT INDUSTRY Comm. Mars commented on Subd. 3 , Item F. He feels that a person could have a drive-up window which would be less than 15 percent of the principle structure. The City Planner responded that through the CUP review process, the Planning Commission has a definite review responsibility and has the ability to condition the proposals. He feels that through the CUP process, the Planning Commission could reject a type of proposal based on the traffic it generates and the safety of the community. Comm. Spurrier feels it reasonable to limit the square footage to 2000. Chris Anderson, 1438 Mars Street, Shakopee, MN, approached the podium and stated that he also feels 2000 square feet is ample space. Comm. Kelly suggested that under Subd. 3 , Item F, the words "of principle structure" be added after 2000 square feet. It was a consensus to make that change. Chrmn. Joos stated the Board would go along with the staff's recommendation to strike the words "from unless. . . " to the end of the paragraph for Subd. 2 , Item A. John Schmitt, 1015 South Main, Shakopee, MN, approached the podium and stated his concerns regarding Subd. 2 , Item A. He feels that if the board accepts Subd. 2 , Item A as suggested by the Staff, they would eliminate every manufacturing operation there is with the exception of assembling. He feels that the intent is to minimize the impact of what chemicals you use in the Light Industrial. Mr. Schmitt also suggested that the Board look at the land sizes of the I-1 and I-2 Districts. When looking at Industrial (I-2) , it should be at a minimum of about five acres and in Light Industrial (I-2) , at least three acres. John Albinson, 5240 Valley Industrial Boulevard, Shakopee, MN, approached the podium. He stated that in the current Zoning Ordinance, the building height is 45 feet. He feels that 45 feet is appropriate and 35 feet would be inappropriate. The City Attorney stated that there was a typo in the two documents stating the Minutes of the November 9, 1993Page -12 2 Shakopee planning Commission building height is 35 feet, but will be changed to reflect 45 feet. Comm. Spurrier stated he doesn't see why there should be a height limitation because that is the purpose of an industrial zone. Another concern John Albinson pointed out was that currently the floor area ratio in the I-i zone is one to one, and to cut that in half would seem to be counterproductive to the concepts of land use and to increase our density whenever we can so we can better utilize our land and minimize urban sprawl. Therefore, he doesn't find it appropriate to cut it in half and not keep one to one. The City Planner stated that one to one floor area would mean that you have as many square feet as lot size itself. Mr. Albinson's recommendation is to have something similar to what other city's have. Comm. Christensen stated she would like to receive more information regarding this matter and would like to continue this discussion at the next meeting. John Albinson, stated another concern regarding the concept of changing what's currently a one acre minimum in industrial sewered area or five acre area. His recommendation to the Board is to take the I-2 to a three acre minimum. He has his Planners do research on this matter and presented the Board with a copy of their findings which was read and marked as "Exhibit 1" . Mr. Albinson stated that the I-1 and I-2 are sufficiently covered with a one acre minimum and stated that by changing either is inappropriate and unnecessary. Chrmn. Joos recognized anyone else from the audience wishing to speak regarding this matter. Bob Sweeney, 506 South Holmes Street, Shakopee, MN, stepped to the podium. He wanted to reiterate support to what John Schmitt said regarding the chemicals. Mr. Sweeney is unaware of a manufacturing company that doesn't use hazardous chemicals and feels we would lock out business we are trying to attract. Comm. Christensen would support ZORC recommendations regarding the chemicals. The City Attorney stated she would like to gather more information regarding this matter so that both sides of the issue can better be addressed. Minutes of the Page-13 Shakopee Planning Commission November 9, 1993 Chris Anderson, 1438 Mars Street, Shakopee, MN, stated that if the issue of chemicals is continued, it would put him out of business unless the area was zoned I-2 . Chrmn. Joos responded that a solution needs to be found to protect both the community and the business. IV. ADJOURNMENT The meeting was adjourned at 10: 18 p.m. ' DAHLGREN ':,.v (74 SHARDLUW AND • UBAN CONSULTING PLANNERS LANDSCAPE ARCHITECTS ti 100 FIRST AVENUE NORTH r SUITE -1)) MINNEAPOLIS, MN AR-101 !,12..;10.330(1 MEMORANDUM DATE: October 11, 1993 TO: Jon Albinson, Valley Green Business Park FROM: Philip Carlson, AICP; Dahlgren, Shardlow, and Uban, Inc. RE: I-2 Zoning Analysis, Lot Sizes You have asked me to comment on the issue of zoning standards in industrial zoning districts in light of Shakopee's consideration of increased lot size and lot width standards for the I-2 District. Based on our research and experience, the current standard of 1 acre minimum lot size and 100 feet minimum lot width for general industrial or heavy industrial districts is reasonable and consistent with many other cities in the Metropolitan Area. Some cities require larger lot sizes, while many allow lots one acre or smaller (e.g.,Burnsville, Prior Lake, Eagan,Roseville). Some have no minimum lot size requirement at all (e.g., Minnetonka, Brooklyn Center). A minimum lot width of 100 feet is common (e.g., Burnsville, Roseville, Brooklyn Center), but some cities have no lot width requirement at all (e.g., Minnetonka,Edina). More important than the specific standards in other cities are the reasons that Shakopee may be considering changing their standards. In all zoning matters, it is essential that there be a "nexus", or connection, between the problem being solved and the standards adopted to address the problem. If there is no nexus, the courts have ruled clearly that the standard is unconstitutional. In Shakopee's case, the discussion of the I-2 standards stems from an older industrial area with wooden buildings that are unsightly and poorly maintained. If the problems are related to building materials and maintenance, then the City could adopt standards relating to these issues. Increasing the lot size and lot width will not by itself affect either of these issues, and the adoption of the more stringent standards could be challenged as unrelated to the concerns identified. The current standards allow for more flexibility in attracting smaller businesses, which can always grow and take over larger parcels,but it is difficult to be flexible if the original lot requirement only allows larger lots. Two or three acres is too large for many start-up businesses. It is my opinion that the current standards are reasonable;and unless there is clear evidence that a change will solve a problem the City has identified, the City should leave the size and width standards alone. Jon Albinson 10/11/93 2 SELECTED CITIES INDUSTRIAL DISTRICT STANDARDS Minimum Minimum • City/District Lot Size Lot Width Brooklyn Center none 100' Industrial Burnsville 1 acre 100' I-2 General Industrial Eagan 1 acre 200' I-2 General Industrial Eden Prairie 5 acres 300' Industrial-General Edina 2 acres none Planned Industrial Minnetonka none none Industrial Prior Lake 1 acre 200' I-2 Light Industrial Roseville 1 acre 100' I-2 General Industrial Savage 2 acres 200' I-1 General Industrial Shakopee 1 acre 100' I-2 Heavy Industrial .* 3 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session Shakopee, Minnesota November 18, 1993 MEMBERS PRESENT: Joos, Madigan, Kelly, Mars, Spurrier, Zak & Christensen MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Karen Marty, City Attorney Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 30 P.M. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. PUBLIC HEARING CONTINUED: TO CONSIDER AMENDMENTS TO CHAPTER 11, LAND USE REGULATION (ZONING) OF THE SHAKOPEE CITY CODE. Chrmn. Joos opened the public hearing to consider amendments to Chapter 11 of the City Code. The City Planner gave an update of what was covered in the last meeting of November 9 , 1993 . He also gave a quick overview of the provisions in the proposed R-lA District and the recommendations made by the Zoning Ordinance Committee (ZORC) . He stated that the R-lA District would consist of larger lots for single family development in areas to be served by public sewer and water. The minimum lot size is proposed to be 200 square feet, and the lot width 90 feet, and an increased front yard setback to 35 feet. Comm. Christensen asked for clarification of what recreational equipment was. The City Attorney defined the terms and stated that the storing of some of the vehicles will be discussed in the Parking section of the Zoning Ordinance update. Comm. Mars asked what licensed group family day care facilities were and what licensed residential facilities were. The City Attorney gave the definitions and stated that these are statutory definitions required by law. Comm. Christensen asked for clarification of whether or not storage sheds could be placed on an R-1 A lot. Minutes of the Page- 2 Shakopee Planning Commission November 18, 1993 Chrmn. Joos stated that the final decision is up to the City Council. The City Attorney suggested that if the Board wants storage sheds to be prohibited, it would need to be specifically stated in the ordinance. Comm. Spurrier asked what a relocated structure is. The City Attorney read the definition and stated that it meant both new and old structures. Comm. Spurrier would like to have the definition be refined to not include new construction. The City Planner pointed out that this may be addressed later when discussing the Conditional Use Permit provisions. The City Attorney summed up the staff recommendations regarding Conditional Uses for the R1-A. She also clarified that we don't want to develop unsewered areas, but instead develop where there is sewer and water so there isn't pockets of development that are separated by farms from the rest of the city. Staff recommends that golf courses be taken out for Conditional Uses and be put under Planned Unit Developments. Comm. Spurrier recommended that we not remove golf courses from Conditional Uses. He feels driving ranges should go under Accessary Uses when they are located at a golf course, but when it is of a single use, it is inappropriate. Comm. Christensen stated her frustration with having two documents to look at and consider. The City Planner stated that the ZORC was developed so different viewpoints could be obtained from the community. John Schmitt, 1015 South Main, Shakopee, Minnesota approached the podium. He suggested to the Planning Commission that they zone everything R-1 and everything after that be an Overlay Zone. He is concerned that the growth of the City may be prohibited. The City Planner responded that this would be a major shift in how the City would administrate the Zoning Ordinance. He feels the Planning Commission is going in the right direction and has received good recommendations from ZORC. Therefore, he feels the Planning Commission should continue in that direction. Comm. Spurrier asked where cemeteries would be placed if not in residential areas. The City Planner responded that they would be placed in Ri-B and R1-C. The City Attorney commented that all the districts don't need to be identical. She stated that R-1A is the more restrictive zone; R-1B is designed to allow a lot of uses; and R-iC has been defined to address the smaller lots or smaller residences. Minutes of the Page- 3 Shakopee Planning Commission November 18, 1993 John Albinson, 5240 Valley Industrial Boulevard, Shakopee, Minnesota, member of ZORC, approached the podium. He commented on Comm. Christensen's frustrations with having the two documents. He stated ZORC consisted of a broad range of community members and therefore came up with a broad range of ideas. However, there still needed to be a document prepared by the Staff because they are the "good planners" and Mr. Albinson supports all of staff's recommendations to the proposed R-1A Zone. Mr. Albinson suggested some changes to Subd. 5, Design Standards. He stated that the density for one dwelling unit per 20, 000 square feet may be too much. He stated that they need to utilize the land better. He suggested shortening the minimum lot depth to 150 or 160 feet, in order to give the developer more flexibility. Motion: Comm. Spurrier/Christensen offered a motion to omit public buildings, essential utility service structures, hospitals, and clinics from the R1-A zone. Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak offered a motion to approve the staff recommendations for Subd. 3 , regarding cemeteries, golf courses, and relocated structures and anything else other than design structures. Vote: Motion carried six to one, with Comm. Spurrier voting against. Comm. Spurrier recommended to the Commission that the minimum lot depth of 180' be the only change in Subd. 5. He also recommended that the lots be rectangular and not square. Jane DuBois, 1305 6th Avenue West, Shakopee, Minnesota, approached the podium. She stated that she had no problem with the width, but feels that the depth of 160' is more appropriate to allow for different types of housing. The City Planner agreed with Comm. Spurrier that the lots should be more rectangular than square, and stated that staff feels the dimension of 180' is appropriate. Motion: Comm. Christensen/Spurrier offered a motion to recommend the Design Standards recommended by staff with the only modification of the minimum lot depth to be changed from 200' to 180' . Minutes of the Page - 4 Shakopee Planning Commission November 18, 1993 Vote: Motion carried unanimously. Motion: Comm. Kelly/Zak offered a motion to change Subd. 4-G to read: "receive only satellite dish antennas and other antenna devices not visible from the property line" . After some discussion, the motion and second were withdrawn. Motion: Comm. Kelly/Christensen offered a motion to withdraw Subd. 4-G from the R-lA zone. Vote: Motion carried five to two, with Comm. Spurrier and Comm. Mars voting against. The City Attorney summarized the changes to be made in the R-1B zone. She stated that they cleaned up the purposed language to match the others, and the definition of "existing" was moved to the definitions section. She stated that under Conditional Uses, hospitals and clinics was omitted, and in regard to Essential Utility Service Structures, height language was put in. She also stated that staff recommends deleting Subd. 3-i. Comm. Mars stated his concern that in regard to zoning in R-1B. No new duplexes can be added. It is only for existing duplexes. The City Attorney stated that was correct. Chrmn. Joos stated that Rl-B district will allow existing single family duplexes in that area. Motion: Comm. Kelly/Christensen made a motion to eliminate Subd. 4-g. Vote: The Motion carried four to three with Chrmn. Joos, Comm. Spurrier and Mars voting against. John Albinson, 5240 Valley Industrial Boulevard, Shakopee, Minnesota approached the podium. He pointed out the Hubbard Broadcasting is designing and developing a cable channel system that the residents may want to have, and stated that the elimination of Subd. 4-g could prohibit them from obtaining this cable channel system. Comm. Kelly informed Mr. Albinson that this system is designed to be operated indoors to eliminate any problems such as the one addressed. Motion: Comm. Spurrier/Christensen offered a motion to strike the language for essential utility structures in residential areas. Minutes of the Page- 5 Shakopee Planning Commission November 18, 1993 The City Attorney pointed out that a water tower is a structure that needs to be in a specific area. Comm. Mars suggested that instead of omitting the language regarding essential utility structures, the definition just be changed. Comm. Spurrier suggested that the Commission look at what other communities have done with their essential utility structures and look into the matter more thoroughly before voting. The motion and second was withdrawn. Motion: Comm. Christensen/Zak offered a motion to approve R-1B as amended. Vote: Motion carried unanimously. The City Attorney summarized the staff recommendations for the R-1C Zone. She stated that under Subd. 3 , Conditional Uses, funeral homes was added back in and energy conversion systems or windmills was deleted. She also stated that under Subd. 4 , Permitted Accessory Uses, open off-street parking spaces, not to exceed three spaces per dwelling unit, was added back in. Comm. Christensen stated a strong disagreement with adding the off-street parking. The City Attorney then suggested that the parking matter be taken back out and discussed when the parking provisions are discussed. It was a consensus that the parking issues be discussed at a later time. Motion: Comm. Kelly/Christensen offered a motion to delete Subd. 4, Item H - receive only satellite dish antennas and other antennas. Vote: Motion carried five to two with Comm. Spurrier and Mars voting against. Chrmn. Joos introduced discussion regarding Section 11. 32 - Light Industry. The City Planner updated the Commission on what was discussed at the last meeting. The City Attorney stated that staff is still gathering information to present to the Planning Commission regarding hazardous chemicals. Arthur J. Hatch, President of Rubber Industries, Inc. , 200 Cavanaugh Drive, P.O. Box 128, Shakopee, Minnesota, approached the podium. He stated there are major considerations the Planning Commission needs to look at when deciding on these zoning districts. He would volunteer any information to the Planning Commission Wombs of the Page- 6 Shakopee Planning Commission November 18, 1993 regarding the danger of hazardous chemicals, the amounts that can be used, and the disposal process. He stated that no matter what the location is of an industry, their biggest concern is their employees. Therefore, it shouldn't matter where the plant is located when it comes to the effect it has on the community. Chris Dirks, 1241 South Harrison, Shakopee, Minnesota, representing the Chamber of Commerce, approached the podium. Ms. Dirks feels that a recommendation such as this is too limiting and does not allow for today's technology. The City Planner responded that staff recommends eliminating the floor area ratio requirements in I-1 and I-2 Districts. Comm. Spurrier stated that rooftop mechanical equipment is a conventional way of heating and cooling a building and as a conditional use it might be restrictive for an industrial zone. The City Attorney responded that staff is recommending requiring a conditional use permit for all structures over 45' in height. John Sturges, Universal Forest Products, 1118 Humes Road, Janesville, Wisconsin, approached the podium. He stated that Universal met with their neighbors and clarified to them that they are promised a green area. Universal is doing everything to be friendly to their neighbors. He also recommended to the Planning Commission that they come and view the plant located in Janesville, Wisconsin to see how it is built and how it is operated. Motion: Comm. Spurrier/Christensen offered a motion to strike Subd. 4, Item M, and replace it with "all structures in excess of 45' in height" . Vote: Motion carried unanimously. Motion: Comm. Spurrier/Christensen offered a motion to strike Subd. 4 Item A - the floor area ratio formula, and exchange it with "hard surface area" . Vote: Motion carried unanimously. Motion: Comm. Christensen/Spurrier offered a motion to amend Subd. 3 A to read, "unless such uses meet all performance standards designed to ensure there is no impact outside the structure" . Minutes of the Page- 7 Shakopee Planning Commission November 18, 1993 The City Attorney stated that staff does not have the ability to answer all the questions and would like to gather more information and discuss this matter at the next meeting. John Sturges, Universal Forest Products, 1118 Humes Road, Janesville, Wisconsin, approached the podium. He stated that he has their policy manual if the Planning Commission would like to look at it. He also stated that Universal Forest Products exceeds the Environmental Protection Agency's Requirements. Comm. Madigan stated that this issue needs to be discussed at the next meeting. Comm. Christensen asked for an informal polling of the Board. Comm. Christensen and Spurrier voted in favor of the motion and Chrmn. Joos and Comm. Madigan, Kelly, Zak, and Mars voted to wait until they had more information from Staff. Comm. Christensen/Spurrier withdrew the motion to continue the discussion at the next meeting. The next Planning Commission meetings are scheduled for November 30th, and December 2nd at 6: 00 P.M. IV. ADJOURNMENT The meeting adjourned at 10: 30 P.M. Summary A Regional Economic Strategy Metropolitan Council The Metropolitan Council is currently working on a regional economic strategy as it develops an overall guide--a Regional Blueprint--for economic growth and development in the region. The goal of the economic strategy is to strengthen the ability of the region to compete in the international marketplace and to improve the standard of living of the region's citizens. Though the strategy is one part of the Blueprint, other parts are also aimed at improving the economic well-being the region. The Blueprint: What Is It? The Blueprint is the Council's response to regional challenges ranging from global economic competition to deterioration in parts of our older cities. The Council is looking at specific actions to: • Strengthen job creation and economic growth through a regional economic strategy. Questions have been raised about the competitiveness of our business climate and worker job skills. • Develop and reinvest in older parts of the region by attracting private investment.The Council's Trouble at the Core report showed that one in three residents in certain areas of Minneapolis and St Paul lives in poverty, while most of the region's new jobs are being created in the rapidly growing suburbs. • Allow suburban growth to occur while ensuring public services are cost-effective and urban sprawl is contained. Expensive highways and sewers must be extended in an orderly way as the region grows. • Provide financially sound public facilities that support business growth and overall regional development.Future infrastructure needs like expanded airport capacity or light rail transit could pose substantial debt burdens. A New Way of Doing Business The Council's strength has always been its expertise in planning "physical" infrastructure, like transportation, sewers, and airports. We're proposing ways that regional systems can more directly support the economic and societal vitality of region. For example, transit can play an important role in giving central city residents greater access to jobs in our growing suburbs. We also recognize that we need to build partnerships and cooperative networks in new areas of involvement, such as economic development,job creation and work readiness. We will rely more on forming partnerships in taking action and convening the public and private sectors to pursue solutions. The Blueprint represents a new kind of leadership and a new role in the region for the Council. We are looking at not only the issues in our traditional areas of expertise but also other critical issues like 1 T:::,„ v ,...; :..., ,.,, ,,..... :,.., _,,,, ,:t:,. ,..,..„ :,. . t-,,,,,,„.„ E...„--= revitalizing older areas of our cities. We are going beyond our usual planning and coordinating role and emphasizing results and accountability. We are building more public-private partnerships for solutions that work for the region. In meeting the challenges facing the region, there is no single, magic solution: many strategies and participants are needed. The Council will take the lead on some issues and work in partnership on others, but add value to all efforts by providing: • A regional perspective, to unify and balance the diverse interests in the metro area. • An expertise in land use, to help shape the necessary incentives to guide growth and redevelopment. • A policymaker role for regional systems, to more directly support economic growth and urban revitalization. • A long-range view, to help keep short-term actions on track in reaching future goals. • A new role, to lead the region in pursuing solutions and working with others to produce results. Prospects for the Regional Economy The region's economy has performed well in the last two decades, but it faces growing global competition and, for many, an eroding standard of living. On the plus side, employment has grown at a steady annual rate of 2.7 percent, placing the region eighth in overall growth rate among the 25 largest metro areas. With the nation's 16th largest population, the region ranked sixth in household income. It had the second lowest unemployment rate (ranking 24th) and the third lowest poverty rate (23rd). And Fortune magazine rates the area 10th in the country for "knowledge workers." The Twin Cities area, however, is not generally considered a major center for international business. Fortune magazine has noted that business executives nationally recognize the Twin Cities area for its top-rated educational system, quality labor force, low poverty and unemployment rates and strong business involvement in the community. But they saw the area as "more insular than international." While future challenges from outside the region grow stronger,economic development efforts within the region continue to focus on competition among communities within the metro area for jobs and economic activity. Communities and businesses do not view this area as one economy that competes nationally and internationally. Though impressive overall, the region's economic accomplishments have masked some weaknesses. Households income is high largely because many families have two wage-earners; income per worker ranks low (20th) among the largest 25 metro areas around the country (1990). And the benefits of economic growth have not been shared by everyone. Over the past two decades, 80 percent of the region's commercial-industrial growth has been concentrated in 20 of its 189 cities and townships. Unemployment, while 4.6 percent for the region as a whole, is 15.2 percent for racial and ethnic minorities in Minneapolis and St. Paul (1990). If the region is to compete globally, it must draw on the abilities and talents of everyone in its work force to contribute to economic life of the region. 2 r) re-t,..„,„ pa c:722,:---,5;47- A Regional Economic Strategy The region's economic future depends on a vital, market-driven private sector in a climate that stimulates business creation, innovation, expansion and retention. Government's role in this future is to invest in "foundations" the economy needs to grow, adapt and compete—such as an educated workforce;infrastructure that serves current and future business needs; a stable, equitable tax system; and well-balanced regulations. The challenges facing the region make it all the more important for business, government, educators and others to work in partnership to strengthen the region's economy.A regional economic strategy-- setting out objectives, actions and organizational roles—is essential to the future vitality of the metropolitan area. The role of the Metropolitan Council is not to develop the strategy for the region, but rather to ensure that the region's various business, nonprofit and public sector organizations work together-- from the bottom up. But the Metropolitan Council could take the lead role in promoting development of a regional strategy through a metropolitan-wide partnership. The value the Council would add to such an effort is its regional perspective, its long-range view, and its ability to bring diverse groups together to reach solutions. The Council is looking at the following actions to incorporate into its economic strategy: Collecting and Supplying Data • Providing data and other support to joint efforts of the Minnesota Trade Office, Chambers of Commerce,labor organizations, cities and businesses to promote the region's international economic visibility as an attractive, highly competitive, world-class community --promoting, in particular, enhanced international trade and international tourism. • Collecting available economic information that sells the regional economy both nationally and internationally, publishing it regularly and making it available throughout the region. The Council would work jointly with local governments, the Minnesota Trade Office and businesses in determining the content of the information. Working to Improving the Business Climate • Convene business groups and state agencies to begin discussions about issues involving government regulation of business to determine whether and how regulations hindering business development can be streamlined. The Council would report the results of those discussions to the business community, the governor and the state legislature. • Convene large and small businesses, local governments and other interested parties (such as the Minnesota Taxpayers Association and the Minnesota Business Partnership) to begin a long-term dialogue on tax climate issues.Part of the analysis undertaken by the Council would look at the value Minnesota gains for its taxes as well as the costs. 3 1772" n • Supporting Economic Development with Infrastructure • Identify the needs of the business community for new infrastructure by reviewing the economic development plans in the region and the planning literature on a regular basis. Important upcoming decisions include possibly expanding the existing airport or building a new one, and developing light rail transit. A possible future need is a regional telecommunications network or truck/train transfer stations. • Examine on a regular basis the combined infrastructure plans of the regional airport,park and sewer agencies and metro highway plans of the Minnesota Department of Transportation to determine: - Where needs are being met and where there are shortfalls. - Whether adequate levels of investment are scheduled for maintenance and replacement. - Whether revenues are adequate to make these investments. - Where aging infrastructure may be a candidate for targeting dollars. • Assign priorities to infrastructure investments with an eye to economic needs. The Council would use the combined regional infrastructure plans and the economic development information gathered from local governments to identify infrastructure shortcomings from the business perspective. Priorities could be given to investments that would bring net new jobs to the region or increase exports (bringing new money into the regional economy). • Report how the region compares with other regions on the condition of our infrastructure and what the region has invested compared with what is getting for its money. Improving the Skills of the Work Force • Convene a region-wide forum of business leaders,educators,social service agencies,nonprofit organizations and others to draw attention to issues involving the education and training needs of a changing job market, changing labor force and changing technology. The forum would highlight successful approaches and problem areas of programs already under way, as well as any need for regional action. • Work with the Higher Education Coordinating Board and the Private College Foundation as they continue to develop a broad future strategy. The Council would help foster a strong working relationship between this effort and the business community. • Initiate collaborative efforts among various agencies to combine training with other services that support people entering the job market--including transportation initiatives, work readiness programs and daycare services. Building a Groundwork • Research successful approaches to economic strategies emerging around the globe that can be applied to the Twin Cities metropolitan area. • Hold discussions with local communities and business groups to identify their economic development strategies and constraints to business growth. 4 M Mt pi L R.-., Supporting Local Redevelopment Efforts • Coordinate regional-level planning and development with local economic development groups like the Metro East Development Partnership and the Northern Mayors Association and individual cities. • Begin discussions with local governments on ways to encourage healthy competition among communities (resulting in more net new jobs for the region) and discourage negative competition (resulting in the shift of jobs from one community to another with little or no regional payback). Discussions would focus on how communities can learn to compete together as one region. Adopting Regional Economic Goals and Monitoring Progress • Adopt the five goals from the Minnesota Blueprint prepared by the Minnesota Department of Trade and Economic Development, and from these goals, develop measures for the metropolitan area. The Council would produce a report that shows where the region now stands in meeting the goals. • Monitor selected outcomes and produce a report every two years on the progress of the region's economy, as measured by the goals. • Analyze the effectiveness of the regional economic strategy, using the biennial progress report. The problems and issues identified in the report may require further study and action by the Council. Revitalizing Older Areas Part of any regional economic strategy must be an effort to redevelop and reinvest in the older parts of the region by attracting private investment. The Council believes that jobs and economic development are essential to improve conditions in deteriorating areas. The future of the central cities and the suburbs are inescapably linked, and the region as a whole will suffer if its older areas continue to deteriorate. A 1992 National League of Cities study showed that metro areas with a wide disparity between central city and suburban per capita income have slower total employment growth than metro areas where the disparity is less. The problem is current incentives and their effect on development:too many encourage development outside older areas and too few support redevelopment inside. The Council is considering specific steps to level the playing field" and support efforts to improve conditions in deteriorated areas. The following are examples of actions the Council is considering: • Establish a regional indemnification fund for cleanup liabilities at polluted sites and clarifying the standards for cleanup. • Explore the creation of a regional reinvestment fund that would pool existing or new public dollars to support redevelopment and reinvestment. c • Examine ways to change the property tax system to create greater equity for local governments that bear heavier cost burdens for services and infrastructure maintenance.For example, explore a two-rate system that lessens disincentives to improve property by taxing land and improvements at different rates. • Strengthen incentives to improve and maintain rental properties by allowing their owners to defer real estate tax increases on improvements as the state now allows for homesteaded properties. • Return tax-increment financing to a focus on promoting redevelopment and housing for low- and moderate-income households. • Seek changes in state law to eliminate the requirement for a one-for-one replacement of low- and moderate-income housing units. Or, if replacement units are built, require that they not be constructed in areas of poverty concentrations or disinvestment. • Target public money for housing to strengthen areas in decline and reduce concentrations of poverty. • Promote information-sharing among communities about successful redevelopment efforts. • Improve access of lower-income people to jobs. Strengthening Regional/Local Land Use Planning Regional services like highways and sewers need to be expanded in an orderly way to support the growth of the region. That is the idea behind the Council's concept of an urban service area. But a new approach to regional land use planning is needed. The Council believes that negotiated agreements with cities would be less regulatory and more comprehensive than current practices.Such agreements would consider how to deal with issues like affordable housing, environmental protection and local sharing of government services. Under the new approach, a local request to expand the urban service area would trigger negotiations between the Council and local governments. The negotiations would produce solutions tailored to city, multicommunity and regional concerns. Cities would be responsible individually for meeting the terms of the agreement, but they would be encouraged to plan solutions jointly with other communities. The Council would also emphasize joint planning by"clusters"of cities where expansions of the urban service area are not involved. Such planning would focus on common issues, such as highway capacity or redevelopment needs. In addition,the Council would support higher-density development around major highways and transit facilities.An expansion in the urban service area may be allowed to accommodate such development if justified by strong market demands and too little available land. The Council is considering the following action steps: • With local governments, identify areas for future expansion of urban services or infrastructure improvements with the understanding these would be directed toward enhancing economic Bwa ,,_:, ,,,,....:::t.,,, s''. •`_ „., , :c 0.-. t i ,i.: development, preserving environmental resources and addressing societal needs. Examples include the northwest suburban area, the Shakopee/Prior Lake area and the Cottage Grove/Hastings area. • Expand the Council's ability to provide planning assistance to local governments as they work to meet local and regional goals. • Work with planning and regulatory agencies to establish a one-stop environmental permitting process. • Begin discussions with counties adjacent to the northwest part of the region to explore transportation, land use and development issues of mutual concern. Investments for Development The region faces decisions about making major investments in new regional facilities—possibly a new airport or expansion of the existing one, a light rail transit system, and upgrading of sewage treatment. The impact of these investments on future long-term regional debt could be substantial. Among the ideas being considered: • Conduct a consolidated and streamlined review of regional investments to monitor debt levels. • Review special facilities (like those for sports, entertainment or cultural activities), as well as region-wide programs that raise dollars from sources in the region. It Metropolitan Council Mears Park Centre, 230 E. Fifth St. St. Paul, Minnesota 55101 612 291-6359 Voice 291-0904 TDD November 5, 1993 Publication No. 310-93-097 7 Background Materials Prepared by the Minnesota Higher Education Coordinating Board for Higher Education in the Metropolitan Region: A Discussion Forum November 15, 1993 r-} List of Attachments 1. Historic and Projected Annual Public and Private High School Graduates in Minnesota, 1978 -2009 2. Historic and Projected Populations of 20-24 Year Olds, 25-34 Year Olds, and 35-49 Year Olds in Minnesota, 1980-2010 3. Geographic Distribution of Actual and Projected Public and Private High School Graduates in Minnesota, 1992, 2000, 2009 4. Enrollment Analysis and Outlook, October 1993 5. Twin Cities Metropolitan Area 1988 Population Distribution and Population Changes 1970-1988 and 1980-1988 6. Origin of Enrollments at Minnesota Post-Secondary Institutions in the Minneapolis-St. Paul Metropolitan Area, Fall 1992 7. Residence of New Entering Students at Minnesota Baccalaureate Institutions, Fall 1992 8. Total Headcount Enrollment of Racial/Ethnic Minorities in Minnesota's Post-Secondary Institutions, Fall 1984- Fall 1992; Total Headcount Enrollment of Racial/Ethnic Minority Groups in Minnesota's Post-Secondary Institutions, Fall 1984-Fall 1992 9. Total Headcount Enrollment by Full-Time/Part-Time Status in Minnesota's Post- Secondary Institutions, Fall 1984- Fall 1992 10. Minnesota State Ranking for Degrees Conferred by Institutions of Higher Education, 1989-90 11. Access 12. Existing Position of the Minnesota Higher Education Coordinating Board Regarding Post-Secondary Education in the Metropolitan Region. 13. Twin Cities Higher Education Partnership, A Commitment 14. University of Minnesota, Strategic Planning, Status Report No. 3, October 1993 15. MHECB, Strategic Initiatives, Planning for Change in Minnesota Post-Secondary Education, October 1993 16. MHECB, Summary: M SPAN 2000, Minnesota Study of Post-Secondary Access and Needs, March 1991 Attachment No. 1 Historic and Projected Annual Public and Private High School • Graduates in Minnesota, 1978 - 2009 80,000 - Total State E ................,................... ........ 11,8 Greater Minnesota vl 40.000 s30.000 � ....... ,, Twin Cities Area 20,000 - Historic Projected 10.000 -0 i i i i i i i i I Ir I I i I I i i i I I r r r i i i I 1980 1985 1990 1992 1995 2000 2005 2009 Year Source:Minnesota Planning:Minnesota Higher Education Coordinating Board JJ1112�J Attachment No. 2 Historic and Projected Populations of 20-24 Year Olds, 25-34 Year Olds, and 35-49 Year Olds in Minnesota, 1980- 2010 1,200,000 35-49 Year Olds 1,000,000 800,000 _ 25-34 Year Olds 600,000 400,000 7 1 20-24 Year Olds 200,000 -11 1 Historic Projected 0 , 1 I , 1 1 1980 1985 1990 1995 2000 2005 2010 Year Source:Minnesota Planning:Minnesota Higher Education Coordinating Board j \ij3.(JI Attachment No. 3 Geographic Distribution of Actual and Projected Public and Private High School Graduates in Minnesota, 1992, 2000, 2009 1992 i 19.9%%'*::::.' 34.1% 2000 •:20.4%. 31.5% • Region 11 (Seven County Minneapolis-St. Paul Area) Fril Region 7 (St.Cloud and East Central Minnesota) Region 10 (Rochester and Southeastern 2009 Minnesota) Remainder of the State 24.5% :;19.2%iE -\-..:;;:.:1:::::::.:...... .....:. Source.•Minnesota Planning;Minnesota Higher Education Coordinating Board f J1/11:_l_.,'i) Attachment No. 4 Enrollment Analysis and Outlook 1993 Minnesota Higher Education Coordinating Board November 15, 1993 POLICY CONTEXT Policy decisions by state and federal governments, governing boards, and institutions have a great impact on post-secondary enrollments.' Most issues that policy makers and institutional leaders address have many dimensions, reflecting conditions within and outside post-secondary education. In turn, a decision on one issue often has far reaching consequences for post-secondary education. Interaction among social and economic developments and policy decisions influence the size and distribution of enrollments among institutions. Important factors include participation by racial/ethnic minorities and women, demands of the workplace, ability of families to pay for post-secondary education, location of institutions and programs, distance learning, and availability of financial aid. Anticipating the cumulative effect of policy decisions on enrollments, however, is difficult. DEMOGRAPHIC PROJECTIONS • By the year 2000, the projected number of new high school graduates is 63,831, which is 30 percent above the actual number in 1992 but still below the peak of 72,660 in 1978. Between 2000 and 2009, the projected numbers of new graduates are stable. • The seven-county Minneapolis-St. Paul metropolitan area is projected to account for an increasing proportion of the state's new high school graduates, from 46 percent in 1992 to 56 percent by 2009. Greater Minnesota is projected to account for a decreasing proportion of the state's new high school graduates, from 54 percent in 1992 to 44 percent by 2009. • The Rochester-St. Cloud corridor is projected to account for an increasing proportion of the state's new high school graduates, from 66 percent in 1992 to 75 percent by 2009. By 2009, areas of Minnesota outside the corridor are projected to account for 25 percent of the state's new high school graduates. • The population of 20-24 year olds, part of the traditional college-age population, is projected to decrease 8 percent, from 316,046 to 291,670, between 1990 and 1995, followed by an increase to 308,420 by 2000. The projected population of 20-24 year olds then increases to 345,850 by 2005, followed by a decrease to 341,610 by 2010. • The population of 25-34 year olds is projected to decrease nearly 23 percent, from 779,743 to 603,700, between 1990 and 2000, followed by an increase to 652,140 by 2010. • The population of 35-49 year olds is projected to increase 25 percent, from 903,134 to 1,129,760, between 1990 and 2000, followed by a decrease to 981,100 by 2010. Attachment No. 4 TRENDS IN HEADCOUNT ENROLLMENT SINCE 1984 • General - In fall 1992, Minnesota's post-secondary institutions enrolled 278,377 students, an increase of 19 percent from 233,174 in fall 1984. • Age-The student population has become older. The average (mean) age of students at all institutions and all levels of instruction rose from 24.3 years in 1984 to 26.3 years in 1992. For undergraduates, the average age increased from 23.5 years to 25.4 years. • Gender-Females constitute a majority of Minnesota's post-secondary students. Enrollment of females generally increased at a greater rate than enrollment of males. • Level -Between 1984 and 1992, enrollment of graduate students increased at a greater rate than undergraduate students, 77 percent compared to 16 percent, though in actual numbers the growth in undergraduate enrollment exceeded growth in graduate enrollment. • Part-Time Enrollment - Enrollment of part-time students doubled while enrollment of full-time students decreased slightly between fall 1984 and fall 1992. • Racial/Ethnic Minorities - Enrollment of racial/ethnic minorities in Minnesota's post- secondary institutions increased more than 71 percent, from 10,441 to 17,904, between fall 1984 and fall 1992. Racial/ethnic minorities constituted nearly 7 percent of total enrollment in 1992, an increase from just under 5 percent in 1984. • Residency - Enrollment of undergraduate students from outside Minnesota generally increased at a greater rate than enrollment of undergraduate state residents between fall 1984 and fall 1992. Attachment No. 5 TWIN CITIES METROPOLITAN AREA 1988 POPULATION DISTRIBUTION . • AND FOPULATION CHANGES 1970-1988 and 1980-1988 ST II KIS. I I1 e.,:,!---.—" I C llw w00 I /I (100 a(■[a , I 11.01.1 1 `q••G.O.( ----� . I ` 411b."/W° 1 I j I poo 1 ANOKA CO. cow.wS LI.jz�`YJ,�;�4, I8•.1•111 ••001,118w•r►a[t IO a•a I •(-iUYW 1 1 . • twigs') 110 sst ■•111.1 ••re• Iiee ---k yI .. 1. . co .•.. � ntrut ,.„, . ,. lttl■G Jatcu PM" WASHINGTON CO. 1988 population - ` 1 - ib.\-7 -r----) 24.7% of PoP I „ 1..... �� � �� I .. .(.. +41.77.. 1970-1988 •t• C.O.r.12 1 :—.--Nr t u- +16.1% 1980-1988 "' �'1• 'e■ ° ` 12.6% of 1930 population JouL �';;i ; +40.8% 1970-1988 t .101•• I •00000I. .11.11 .to 131 +16.3% 1980-1988 �'....(t ry•'• ' 171 it 117 ' `-" U.S. 12 : i ,� ao.G a••• RAMSEY CO. ' Q/y. , 1 •0.0 %-..�1 _ 1 , .• -./4• 1•■11..0 p(,..-.11..0..; ots. l.1II. V !• /f�[!S.. 1 V.:.°:" .. -.r(. - i 11'4244 �g�J: :o..1.(.• p uou 1.•c.' -�f/// ...2. / 28.2% of 1988 population "r, - -_ ;,7.4.•.,.....__' I COI.. -16.6% 1970-1988 ---- —I.— -/,,,,, --- /4W I 10111...[, - 3.2% 1980-1988 ..... L.I- ,":�(% 1 111011. °G.....I1t. I I •c0..• I \ I 11100 r1.Gt0■ Lit..•■• 1 J 1 C-•+.• I I CAC,. • “". coot•i[o.o1,1 I CARVER CO I ' I ( 1011 I -011..1 f_ / I DAKOTA CO. / .,u/_ 7.,t°eG S'W � I � L�� I / •/ /� • Sv1. —• , [011• Mit �. I .14 0.•V011 • . — — I - . a[ ....w G(• population �s�� I L..ttI.G$ I 20.5% of 1988 �a.ii,.,aw .....G, +19.3": 1970-1988 ' ii 1 `� 0.4`� t�� +12.37. 1980-1988 I - I 1 r .(•-'ta o. i I•.:(..,.,I I 111. I t-...c I I -•.3-•. 1 1 I 3001.,,,••( 1 c•(o't I \ 1 •1.11■ I ••t,-"aw• 1 I n■■acro■ 1 t •-- SEI - SCOTT co. 1 (+ v-•t+cc, • 1 I r ,- � tr� r--_i I— —'I `_ .� �naal n•1.[ I --_— 1 -- " cr'' I •t--•••1111 14.0% of 1988 population - , .(aa(•11•'•11 -(1(•• t(c••1••11 I .•. :--.1 '.' +78.77. 1970-1988 r1Gtl I , +30.0% 1980-1988 1 I .3 Ca t("�tC •-•1(.,C•^ �� I 7�� J Attachment No. 6 Origin of Enrollments at Minnesota Post-Secondary Institutions in the Minneapolis-St. Paul Metropolitan Area, Fall 1992 0 Twin Odes Area ® Grater Mlmeata NewMla.eaeta / ii %,' //� Community Colleges University of Minnesota Minneapolis UM Twin Cities Anoka-Ramsey North Hennepin Lakewood Private Colleges Normandale Inver Hills Augsburg Bethel College of St. Catherine Technical Colleges College of St. Catherine - St. Mary's Concordia - St. Paul Anoka Hamlin Dakota County Macalaster Minneapolis Minneapolis College of Art & Design Northeast Metro North Central Bible St. Paul Northwestern Hennepin St. Paul Bible University of St. Thomas Note: Does not include 4,269 students whose origin was unknown. 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E. o = .« (- EC- U - ..v R s ? .C�p .-c-5 •C •C 'C 'C � 4, 7 5 O C c m c - Q - .a C T L C : Attachment No. 8 Total Headcount Enrollment of Racial/Ethnic Minorities in Minnesota's Post Secondary Institutions,Fall 1984-Fall 1992 300,000 - Total 250,000 - White 200,000 -,.............. i A 150,000 S b a u = 100,000 - 50,000 - Minority 0 , I I , 1984 1985 1986 1987 1988 1989 1990 1991 1992 Total Headcount Enrollment of Racial/Ethnic Minority Groups in Minnesota's Post-Secondary Institutions,Fall 1984-Fall 1992 7,000 - 6,000 - .... • - .. 5,000 - Asian / A WH 4,000 - / Black O 3.000 ---••••*" •. ,, u American Indian i 2.000 J• ` � — � � t "'" -"' '''''' Hispanic 1.000 - 0 1 1 1984 1985 1986 1987 1988 1989 1990 1991 1992 ;r •t Souris:Minnuota Nigher Education Coordinating Board JJl/J�JJ Attachment No. 9 Total Headcount Enrollment by Full-Time/Part-Time Status in Minnesota's Post-Secondary Institutions, Fall 1984 - Fall 1992 200'000 Full-Time 175.000 - 150.000 - 125.000 -7) 100.000 - T:1 75.000 - 50,000 Part-Time 25,000 - 0 , 1984 1985 1986 1987 1988 1989 1990 1991 1992 Source:Minnesota Higher Education Coordinating Board I2 JJ Attachment No. 10 Minnesota State Ranking for Degrees Conferred by Institutions of Higher Education, 1989-90 Rank Among 50 States and District of Columbia 21st Earned Associate Degrees 12th Earned Bachelor's Degrees 9th Earned First-Professional Degrees 34th Earned Master's Degrees 11th Earned Doctor's Degrees 17th Total Earned Degrees Source: National Center for Education Statistics, Digest of Education Statistics, 1992 U.S. Census, 1990 Attachment No. 11 C O CZ O E O U c ,U Q Cr) P U RS Q1 C Q Q.) 1.., Q) 'V U `-' Q Z O O CQ 1 rrRR L. U -J CL U Cl)ch . V V Q 0 Q Q Kir v, Q) O CZ U C a� Cl) � U - \ V) E. Q• ~ vCn •� � � p U i ` v U Q Q) U ,, Q O Q) O so ctS c) CL .U E= LLI CO CLQ -0 }— 0 ti LL1 U O O O CD LL 1 Attachment No. 12 Existing Positions of the Minnesota Higher Education Coordinating Board Regarding Post-Secondary Education in the Metropolitan Region' • No public institution should establish any new campuses or enter into new long-term leases in the Metropolitan area in the biennium. • Metropolitan State University should evolve from an institution offering limited upper division programs into a more comprehensive four-year state university as a public baccalaureate alternative to the University of Minnesota in the Twin Cities region. It should add a broad range of sound, quality, high demand baccalaureate programs and select masters degree programs that meet student goals. It should make lower division programs available by collocating or merging with community colleges or with technical colleges at selected sites after 1993. If collocation does not succeed at a selected site within a reasonable time after that, merger should be pursued. In addition, Metropolitan State University should explore ways of collaborating with a variety of established public and private institutions. • The University of Minnesota should be encouraged to schedule graduate level programs, especially in engineering and the sciences, so that practitioners could attend courses and complete programs during non-traditional hours. • The use of instructional television should be increased throughout the seven-county region, so that courses at one site can be shared with students at other sites. These recommendations are in addition to and with endorsement of the Higher Education Advisory Council's cooperative approach to serving the undergraduate post-secondary education needs of the metropolitan area through: • Improved enrollment planning for public post-secondary education in Minnesota. • Improved transfer and articulation between lower division and upper division programs and institutions. • Improved minority access and success through a coordinated and cooperative intersystem plan to meet the needs of minority students. • Improved linkages with elementary and secondary education to address issues of students' preparation for post-secondary education. Adopted March, 1991 following a two-phase study of Minnesota's post-secondary education infrastructure, M SPAN 2000, Minnesota Study of Post-Secondary Access and Needs. Attachment No. 12 • Continuation of the roles served by community colleges and technical colleges as "open door" institutions. • Continued cooperation between community colleges and technical colleges in developing and offering joint Associate in Applied Science degree programs. • Continuation of cooperation between community colleges and private colleges to maintain transfer opportunities from one type of institution to the other. Attachment No. 13 1 January 21, 1993 Twin Cities Higher Education Partnership A Commitment The Chancellors of Minnesota's Community Colleges, Technical Colleges, and State Universities, the President of the University of Minnesota, and the Executive Director of the Minnesota Higher Education Coordinating Board (MHECB), have agreed to commit their organizations, especially the components located in the Twin Cities metropolitan area, to the development of an effective and efficient Higher Education Partnership in the Twin Cities area. This commitment is the result of a long series of discussions among the public higher education systems, highlighted earlier by MHECB's 1989 reports on the Minnesota Study of Postsecondary Access and Needs ("MSPAN-I and MSPAN-II") and intensified during the past year, as the public systems respond to the 1995 merger of the Community College, Technical College, and State University systems under the new Higher Education Board, as mandated by the 1991 legislature. These discussions have concentrated on appropriate and effective collaborations to respond to the higher education needs of the Twin Cities metropolitan area. This commitment marks a transition from general discussions to the development of specific plans for action. The Chancellors, the President, and the Executive DirectL:, recognizing the limitations of expected resources to be available for higher education and, simultaneously, the growing need for access to appropriate educational programs throughout Minnesota, emphasize the importance of collaboration to make the most effective and efficient use of existing resources in higher education. The formation of the Twin Cities Higher Education Partnership is one result of these discussions. The goals of this Partnership are: • to respond, in a collaborative manner, to the rapidly increasing higher educational needs of the Twin Cities metropolitan area, specifically for applied, directly employment-related programs at the baccalaureate and master's level; 2 • to collaboratively develop appropriate educational programs responsive to changing educational needs, and changing student populations; and • to increase access to upper division and master's programs in the Twin Cities area. Specific academic program Dlans will be developed and considered for implementation as soon as possible, some as early as Fall, 1993, subject to the appropriate academic, individual governing board, and Minnesota Higher Education Coordinating Board reviews. In particular, these include: • augmenting the lower division capabilities of the metropolitan area's six Technical Colleges and six Community Colleges with upper division programs to be provided by the State University System and the University of Minnesota; • well-articulated joint programs and transfer programs among the Community Colleges, the Technical Colleges, the State Universities, and the University of Minnesota; • collaborative programs among the Technical Colleges, the Community Colleges, and the University of Minnesota in selected applied areas, including, specifically, Technical College and the University of Minnesota programs in the area of advanced manufacturing; • baccalaureate-level, application-oriented programs among the Technical Colleges, the Community Colleges, and the University of Minnesota; and • more traditional baccalaureate programs among the Community Colleges, the State Universities, and the University of Minnesota. Other collaborative strategies of the Higher Education Partnership will include: • exploration of the appropriate division of responsibility between the 3 University of Minnesota and Metropolitan State University in serving the urban mission; • the use of telecommunications for the delivery of educational programs and the increased sharing of library and other academic support resources; and • the sharing of facilities and resources for better service and cost- effectiveness. The Chancellors, the President, and the Executive Director emphasize their commitment to the most appropriate utilization of limited resources by leveraging the faculty and resources of each system to meet the demonstrated educational needs of the metropolitan area. We also look forward to working with colleagues in the private institutions in furthering educational opportunity in the Twin Cities area. This commitment initiates a period of intense planning by the four systems in order to introduce a limited number of approved collaborative programs over the next two years, starting in the Fall of 1993. Constant evaluation and modification of these initial programs is expected to lead to a rapid expansion—appropriate to demonstrated need—of the programs associated with the Higher Education Partnership. The results of this initial period of planning will be reported by March 15, 1993. TWIN CITIES ECONOMIC DEVELOPMENT PLANNING GROUP TWIN CITIES ECONOMIC DEVELOPMENT STUDY REQUEST FOR PROPOSALS OVERVIEW A consortium of agencies, including the Port Authority of the City of Saint Paul, the Minneapolis Community Development Agency, the Saint Paul Department of Planning and Economic Development, and representatives of the banking industry, private non-profit economic development agencies, and the foundation community is seeking proposals from qualified applicants to study and evaluate the existing employment and economic opportunity resources in the Twin Cities and to work with the consortium to develop alternatives to improve both the programs and the delivery system as needed. BACKGROUND Promoting economic development is a high priority for the new national administration as well as for state and local governments. The private and non-profit sectors are also giving increased attention to promoting economic growth. New strategies are needed to successfully compete in the international marketplace and to make the best use of our current and future work force. Locally, a broad range of public and private agencies in the Twin Cities are working to promote economic growth through a variety of means, including small business assistance programs, commercial and industrial redevelopment, and job training and employment services. Non-profit community development corporations are pursuing neighborhood development strategies, and non-profit groups such as Women Venture and the Minneapolis/Saint Paul Minority Business Development Center are providing business assistance services at the broader community level. Local and regional organizations are promoting economic development goals within the business community through the chambers of commerce and local business associations. While these efforts are producing important results, the system is also fragmented and lacks a coherent focus. The field of economic development encompasses a broad range of activity that, in general, seeks to increase the wealth of the local community or region by producing ideas or products that are in demand by others -- both within the region and without. Community development, on the other hand, seeks to improve and stabilize a specific locality by improving the access to goods and services and jobs within that neighborhood. These two activities can be mutually supportive. Economic development projects often have a positive impact on communities where they are located, even though that is not their primary aim. And stable communities create an environment attractive for economic development. If the Twin Cities region is going to continue to be a national leader in economic performance, we must ensure that we develop, attract, and retain those businesses that can add value to the economy of the region and help improve the lives of area residents. Within the economic development community there is broad agreement that small business development is key to promoting community and regional wealth. Gaps in the availability of credit for small businesses, especially for minority- and women-owned businesses, is a significant barrier. In addition, many small businesses and budding entrepreneurs need a high level of technical assistance in order to learn how to start and operate a successful business. Finally, there is growing evidence that there is a need for better matching those who need jobs and • 2 economic development activities that create jobs. Increasing the number of jobs paying household support wages and serving the growing number of people who are chronically unemployed or who need (re)training should be closely tied to small business assistance efforts. It is difficult to assess how well the existing plethora of programs is meeting the overall economic development needs of the central cities and the region as well as the more specific needs of economically distressed areas. What needs are being met and what gaps exist? The goal of the study is to determine the best ways to create and retain wealth in targeted neighborhoods. The neighborhoods targeted will be those areas within the Metro region that have large numbers of people who need jobs and who have limited access to the existing job market. The limits can include lack of appropriate job skills as well as lack of transportation to employment sites. The study should examine possible responses, including job training for area residents and development assistance for businesses that can locate in the area and/or employ area residents. SCOPE OF WORK Study Outline A three-phase study will determine how best to meet the economic development needs of targeted neighborhoods in the Metro area. The first phase would research the existing resources in the Twin Cities and evaluate their effectiveness. PHASE ONE: 3 MONTHS Review of literature and current thinking on how neighborhood wealth can be created and retained. Determine criteria for selection of neighborhoods to be the focus of the study. Survey of lenders, non-profit community development corporations, business technical assistance resources, small business owners/managers, and employment linkage providers to estimate overall need and demand for business assistance in the targeted areas. A series of small group meetings with these service providers is anticipated as the best way to determine demand. The planning group will work with the consultant to determine who should attend the meetings. Survey of existing capital resources, including privately and publicly funded financing for small businesses and commercial/industrial development. - Survey existing program delivery systems aimed at providing technical assistance to small businesses and providing job linkages for area residents. Survey other regional and local programs and systems that could be models for the Twin Cities. Identify strengths, weaknesses and deficiencies in the existing networks of programs and services relative to their success in creating and retaining wealth. An examination of 3 successful programs and the reasons for their success as well as programs that have failed and the reasons for their failure would be instructive. Progress reports will be made to the consortium at three-week intervals. A written report and oral presentation will be made to the planning group, summarizing the factors necessary for successful wealth creation. The existing capital resources and program delivery systems will also be summarized, and their strengths, weaknesses, and deficiencies outlined. Appropriate criteria for targeting neighborhoods will be presented. PHASE TWO: 1 MONTH The planning group and the consultant will use the results of phase one to determine how best to address any gaps and deficiencies noted in the study. Alternatives will be developed that incorporate wealth-generating activities, maintain the existing strengths of the system and its services, and address areas of weakness. These alternatives may range from strengthening and promoting the existing delivery system to creating a new organization to better coordinate economic development efforts. A summary of the study's findings and proposed alternatives will be shared with the key informants from Phase I for their comment. The alternatives then will be evaluated based on their likelihood of success, their ability to build on the best of the existing system, and their overall feasibility. One alternative will be chosen for implementation. PHASE THREE: 2 MONTHS The consultant will work with the planning group to: Refine the goals and objectives of the chosen alternative; Examine issues related to the geographical reach of the alternative, including appropriate suburban participation. If necessary, develop an appropriate structure and organization for the alternative. This would include deter-mining the appropriate composition and appointment process for a Board of Directors. Develop a multi-year work plan for implementation of the alternative that would use the best methods for meeting the needs identified in Phase One, estimate the funds necessary to begin operations, and identify funding sources. Phase Three would conclude with a presentation of the final report and recommendations to the planning group and to the survey groups from Phase One for further review and refinement. if 0 CDflFI OEflTIBL BUILDING OUR FUTURE: CREATING TOMORROWS JOBS An Economic Development Strategy for the Twin Cities Metropolitan Region Discussion Draft dated October 6, 1993 BUILDING OUR FUTURE: CREATING TOMORROW'S JOBS Steering Committee John Adm Richard T.Murphy Sr. Geography Profeaaor Chairman&Chief Executive Officer University of Minnesota Murphy Warehouse Alfred B Jc Gro D.Niehaa Chief Executive Officer Vice Chairman The Suirrtep Initiative Medtronic,Inc. Mayor Ley Bakes &Cached O'K ck City of Golden Valley Executive Vice President The McKnight Foundation Mart Berri:ardso n City Manager Gary Pueraea City of Bloomington President&COO Miinnegasco,a Division of Arkla, Inc. Albert J.Cohan&Jr. Executive Vice President&COO Pei&Rode Marquette Bancshares Vice President,Research Urban Coalition of Minneapolis Council Member Sieve Cramer City of Minneapolis Dead C.Rohr President,Commercial Banking Donald Early Hirst Bank Systema, Inc. President Minneapolis Central Labor Union Council Arthur J.Ratnick Senior Vice President&Director of Research Jonathan R.Elam Federal Reserve Bank of Minneapolis City Administrator The City of Maple Grove Council Prradeat Sharon Soft*Belton City of Minneapolis Council Member Marie Grimm City of Saint Paul Edson W. President James J.Howard Spencer Associates Chairman&Chief Executive Officer Northern States Power Company Brenda St Germsme Executive Director Commissioner Randy Johnson American Indian Business Development Corporation Hennepin County Board of Commissioners Cammisioner Richard Wedcll Wiliam S.Joynea Ramsey County Board of Commissioners City Manager City of Golden Valley Katyn S.Kne3ey Technical Committee Senior Fellow&Program Director Corporation for Enterprise Development Sandra Scott,Chair Oliver Byrum P.Jay Kicdrowsh Phil Eckhert Executive Vice President Keith Ford Norwert Bank Donna Harris Phil Meininger Carl Kuhrmeyer James Moore Chair Doug Petty Saint Paul Arca Chamber of Commerce Jerry Schwinghammer Comic M.Levi President Greater Minneapolis Chamber of Commerce Stratezv Consultant Warren A.McLean Iiia IL Cican as President Clement Associates, Inc. Metropolitan Economic Development Association - .__ J TILE GOAL Job and ownership opportunities that enable individuals to support themselves, their households and their community. THE STRATEGIES Make the quality of the workforce the region's dominant competitive advantage. Keep manufacturing and the knowledge-based service industries as the major drivers of growth in the region's economic base. Create a sustaining environment that nurtures the formation of new businesses and compels their future growth to remain in the region. Expand opportunities for all those who want to work to gain entry into the regional economy, either as workers or entrepreneurs. Find ways to bring Minneapolis, Saint Paul and the suburban communities together as interdependent partners in one regional economy. BUILDING OUR FUTURE: CREATING TOMORROWS JOBS — Discussion Draft dated October 6, 1993 — Table of Contents EXECUTIVE SUMMARY (to be included In final document) 1 INTRODUCTION 3 SECTION I THE PLANNING PROCESS: A YEAR OF THINKING STRATEGICALLY 4 SECTION II THE GOAL: DSUPPORT S THROUGHJOBS AND OWNERSHIP 6 SECTION III THE PROBLEM: COMPLACENCY, CRACKS, DISCORD 9 SECTION IV THE APPROACH TO STRATEGY: A NEW VISION OF ECONOMIC DEVELOPMENT 10 SECTION V FIVE STRATEGIES THAT CHART THE COURSE 11 QUALITY WORKFORCE 11 STRENGTHENING THE ECONOMIC BASE 12 SUSTAINING ENVIRONMENT FOR ENTREPRENEURSHIP 13 EXPANDING ECONOMIC OPPORTUNITY 14 PARTNERS IN ONE REGIONAL ECONOMY APPENDIX A is Not Available APPENDIX A EXAMPLES: HOW STRATEGIES TRANSLATE TO ACTION at this time 23 ENDNOTES INTRODUCTION STARTING WITH COMMITMENT... Building our Future: Creating Tomorrow's Jobs began in late 1992 when four committed partners -- the Greater Minneapolis Chamber of Commerce, the City of Minneapolis, Hennepin County and the McKnight Foundation — decided to embark on a regional economic development initiative. The four partners began the initiative with two simple convictions: (1) that the key to economic betterment is jobs that pay wages adequate to support families, and (2) that the region is without a clear sense of strategic vision for its future. In addition to concurring on the need for a regional economic development initiative, they also agreed that strategic thinking should proceed tactical actions. Therefore, the essential first step was to craft an economic development strategy -- a visionary but pragmatic set of strategies that provide direction and coherence, and around which individuals from many different backgrounds and interests could coalesce and work together in new kinds of partnerships to achieve common aims. In January of 1993, an independent steering committee composed of established and emerging leaders from business, government, education, labor, philanthropic, civic and non-profit organizations was convened. Their charge was to develop a regional economic development strategy. To that task, the members brought divergent views and a broad range of experience and expertise. And together they pursued a rigorous year of intelligence gathering, deliberation, debate and strategy development. — AND A WILLINGNESS TO CHANGE During the course of its studies, the Steering Committee broadened its original goal of jobs that support households to also encompass the concept of ownership. Its goal now embraces the need for more, higher quality jobs and a regional citizenry with an expanded sense of being owners in this community and contributors to its future health and welfare. The Steering Committee also expanded its planning perspective from its initial focus on the Greater Minneapolis area to Minnesota's true economic hub, the Twin Cities metropolitan area. It then began reaching out to business and public policymakers in the East Metro area, and in fact, transformed the need for "many partners in one regional economy" into one of its major strategies. Finally, the Steering Committee came to a broader vision of economic development as a wealth-creating process that can enable this region to increase economic opportunity and expand economic well-being. This report is intended to capture that vision. It sets forth a goal and five major strategies for achieving a stronger economic future. Taken together, the strategies convey the need to exercise stewardship of this region's future. Stewardship asks that we attend to the matters at hand. These strategies chart the course. 1 HOW THE STRATEGY IS ORGANIZED Building our Future: Creating Tomorrow's lobs is divided into five parts. Section I gives an overview of the strategic planning process used to launch this regional economic development initiative. Section II presents the goal, and Section III explains why it was selected as the mission for the Steering Committee's work. In Section IV, the Steering Committee shares the philosophical approach to economic development that it brought to its work. Lastly, Section V articulates five major economic strategies for guiding the Twin Cities metropolitan area into the new century. Examples of how the strategies might be translated into implementation objectives and actions are included in Appendix A. 2 r r �— j ` J Lf r U Eu� r Section I THE PLANNING PROCESS: A YEAR OF THINKING STRATEGICALLY The Steering Committee's strategic planning process was divided into four stages: In Stage I. Building a Shared Knowledge Base, the Steering Committee examined how the theory and practice of economic development has evolved over time. It also examined the demographic and economic dynamics of the Twin Cities regional economy. In Stage II, Identifying and Investigating Strategic Issues, the Committee was asked to identify the critical issues facing the region in terms of achieving its goal of jobs and ownership opportunities that enable individuals to support their households and community. A critical issue was defined as a fundamental policy question affecting the region's economic prospects that we, as a community, can do something about, and that, if addressed, will make a difference. From an initial list of 70 issues, the Steering Committee elected to concentrate its study on four strategic issue areas: 1. Workforce Development 2. Entrepreneurship and Enterprise Development 3. Economic Opportunity 4. Regional Competitiveness Over the next four months, the Steering Committee held a series of roundtables. It invited academicians and industry practitioners who work in these areas to share their expertise and experience, and enlisted their help in identifying possible strategies to pursue. In Stage III, Developing Strategies, the Steering Committee built strategies around the critical issues, and combined them into a mutually-reinforcing strategy for regional economic development. Representatives of business and government in Saint Paul and the East Metro area participated in this phase of the process. The objective was to begin melding together the current planning efforts of East Metro-based and West Metro-based organizations. Currently in Stage IV. Community Review, this draft strategy is being reviewed by focus groups and interested individuals. It is anticipated that the strategy will be finalized and formally adopted by the Steering Committee in mid-December, 1993. 1993 was a year for developing strategies. In 1994 and beyond, this initiative will turn its sights to making the strategies come alive. Designing tactical steps for implementation of the strategies is the next step, and organizational planning for such work has begun. 3 LJ L\ Lf Section II THE GOAL: ENABLING INDIVIDUALS TO SUPPORT THEMSELVES THROUGH JOBS AND OWNERSHIP Building our Future: Creating Tomorrow's Jobs is focused on a clear and vital goal for the Twin Cities metropolitan area: job and ownership opportunities that enable 6ulividuals to support themselves, their households and their carnrnunity. These simple words convey two important dimensions about how this goal leads to better lives and a stronger community. First,jobs are not ends in themselves, but the means to providing the necessities of life and opportunities for personal and family betterment and civic development. More and higher quality jobs are the base for better individual lives. Ownership, whether derived through the investment of one's capital or labor, is a powerful way to broaden one's sense of potential and prospects. An ownership position, whether in a home or business enterprise, and even if initially modest in size, gives each of us a hold -- a stake -- in the community. And having a stake in the community leads to a greater sense of personal responsibility for its future health and welfare. UNDERSTANDING THE GOAL The Steering Committee conducted preliminary research to begin to quantify what the goal means, i.e., to define the level of income required to support a household, and to estimate the size of the gap between the number of jobs that pay at least a household- supporting wage and the number of workers who need such jobs. A few caveats are in order. Although its inquiry on these questions concentrated on regional employment and wage data, such focus was not intended to diminish the importance the Steering Committee members placed on the concept of ownership and asset income. Additionally, the findings herein are not intended to precisely define the gap but rather to provide a sense of scale and perspective on the size of the problem. What Income level enables an Individual to support a household? This question cannot be answered on statistical grounds alone; it entails a judgement about social norms. Still, some measures help us develop a better understanding of what level of income permits self-sufficiency. For starters, it is not that which can be derived from a minimum wage job. The minimum wage in 1993 is S4.25 or $8,840 per year. Nor is it the federally defined poverty level. 4 In 1993, the federal poverty threshold for a single earner family of four was $14,350, or just under $7.00 per hour. In her 1990 book,Drawing the Line, Patricia Ruggles of the Urban Institute concludes that in order for the current federal poverty threshold to be comparable in normative terms to the original threshold established in the 1960s, it would need to be at least 50% higher. For a single earner family of four in 1993, that would mean an annual income of $21,525 (about $1035 per hour). Using the Minnesota Aid for Families with Dependent Children (AFDC) standard of need (which costs out a market basket of food, clothing, shelter, transportation and household goods), and adjusting it to account for the costs that are likely to be incurred by a non-AFDC worker (e.g., health insurance, child care and federal and state personal income taxes), a single earner with one child in the Twin Cities area would need to earn about $19,000 or $9.00 per hour to pay the bills for a very basic standard of living. With three children, they would need to earn about $23,650 or $1135 per hour.1 How many jobs in the Twin Cities pay a living wage, and how does that compare to the number of workers who need them? This is a deceptively complex question to answer. It requires forecasting labor market supply and demand, determining the education and skills necessary to obtain employment in specific occupations and controlling for various kinds of employment barriers. Initial work being conducted by the City of Minneapolis Planning Department suggests that the number of annual job openings projected by the Minnesota Department of Jobs and Training for the Twin Cities area that pay an average entry level wage of$7.50 or more and that do not require a four- year college education (but may require vocational training) is far fewer than the number of regional residents in need (as roughly measured by the size of the metropolitan population that is eligible for Job Training Partnership Act (JTPA) assistance), perhaps by as much as a 1:4 ratio.2 General income data also provides another clue. In 1989, 23.7% (207,000) of the total households in the Twin Cities metropolitan area had a household income of S20,000 or less. Minneapolis and Saint Paul had much higher percentages of their households earning $20,000 or less (39.7% and 37.2%, respectively).3 Although this data does not provide information on the size of the households at these income levels, it does suggest that the percentage of households at or below household-supporting incomes may be as high as 24% in the metropolitan area, and approaching 40% in Minneapolis and Saint Paul. Another indicator is the rising demand for income assistance. In Hennepin County, the demand for AFDC assistance has grown by 23% since 1984. AFDC represents just 37% of all income assistance caseloads in the County. To summarize, it takes a job paying approximately $9.00 to $11.00 per hour to support a household at a threshold level of self-sufficiency today. Almost 24% of households in the Twin Cities metropolitan area may be at or below household-supporting incomes, and that percentage may rise to nearly 40% in the central cities of Minneapolis and Saint Paul. 5 Section III THE PROBLEM: COMPLACENCY, CRACKS, DISCORD A trio of forces, some more intuitive than empirical, were the driving motivators for this regional economic development initiative and its goal. They were: • Complacency about the need to be competitive in a world economy, while the bar rises; • Jarring cracks in the region's comparatively healthy economic profile; and, • Deterioration in the region's ability to raise and resolve public issues, and effect non-incremental change. 1. COMPLACENCY ABOUT COMPETITIVENESS Today's Twin Cities metropolitan region is a product of economic transformation. It was once a trade and service center for the natural resource-based Upper Midwest. Now the area is a so-called "regional command and control center", dominated by its service-, technology- and information-producing and processing functions, with strong transportation and communications linkages to other regions and, increasingly, to the world. Geographer John Borchert describes this metropolitan area as one of the nation's thirty "high-order urban centers".5 As recently as thirty years ago, the Twin Cities region could be content in its role as the undisputed regional capital of the Upper Midwest. Today, such complacency is misplaced. Now and in the future, the competition for the Twin Cities area is other major metropolitan areas worldwide. More than ever before, the region will rely on its human knowledge and talent as its major source of jobs, income and wealth. The aggregation of critical economic, financial, social and cultural functions that caused this area to do well in the past are now its springboard into the world economy. As one Steering Committee member underscored, the introduction of global competition and the emergence of new trading markets as political and trade barriers have come down has created a new standard of performance for the region: "In industry, it is no longer a choice between having quality or competitive costs. You must achieve both. Just like industry, the bar for the region has changed. The bar for us is the world! We need to pay attention to our competition and hone our competitive edge. We need to look at what the standard is, and raise it.' Yet in the face of what author Peter Drucker has called a changed (not a changing) world economy, the complacent and insular nature of our region's economic development policies remains largely in tact. Much of our economic development focus continues to dwell on one neighboring community battling another for jobs and economic activity while the real stakes globally are much higher and the opportunities much more vast. 6 L Today, our economic development policies must anticipate the challenges and opportunities of the global economy, and position the region to take advantage of them. As one Steering Committee member asserted, we are enjoying the vision of the past generation -- the infrastructure and education systems that it put in place. I'm not worried about tomorrow. We will coast through tomorrow. That is the problem. The real question is what do we need to do now to strengthen the region 15, 20 years out?" 2. JARRING CRACKS IN THE REGIONAL PROFILE The Twin Cities metropolitan area is home to about 2,300,000 people, or 52% of Minnesota's population. In 1990, it was the 16th largest metropolitan area in the United States and the 12th fastest growing. Many economic indicators substantiate the overall economic well-being of this region, but go beyond the aggregate statistics and a far different picture emerges -- one of deepening and concentrating poverty within various communities and geographic areas of the region. The following two sets of statistics lead to two fundamentals: (1) the root issues responsible for deepening and concentrating poverty within the region must be arrested and reversed while still in a manageable state; and (2) the foundation that will fuel strong regional growth over the next 15 to 20 years must be put in place now. A Relatively Healthy Profile 6 One way to assess the relative economic health of the region is to compare it to other large metropolitan areas. By many statistical measures, the comparison is favorable. For example, the region compares very favorably in general measures of income. Among the nation's 25 largest metropolitan areas, this region ranked 5th in 1990 in median family income (about $43,000), 6th in median household income (about $36,500) and 7th in per capita income (about $17,000). 31% of its households had incomes in excess of$50,000. As was true for the nation, poverty worsened here in the 1980s, rising from 6.7% to 8.1%. Yet, among the 25 largest metropolitan areas, this region had the 3rd lowest percentage of persons living below the poverty level. Several factors account for the Twin Cities metropolitan area's relative economic health, including the high percentage of its working-age population in the labor force (it ranked 2nd in 1990 at 74%), and its low unemployment (historically below the national average, e.g., in 1991, the region's unemployment rate was 4.6% compared to 6.7% nationally). The region also has a relatively well-educated workforce and a somewhat higher than average proportion of workers in higher skill occupations. Of residents age 25 and older, 87% in 1990 had a high school degree (ranking 1st); 8.6% had an associate degree (ranking 1st); and 27% had a bachelor or higher degree (ranking 5th). 34% of the area's workers were in managerial, professional and technical occupations, ranking 9th nationally. At 7.2%, the region ranked 24th lowest in terms of the number of persons age 16-19 that were not high school graduates and not enrolled in school. 7 Go Inside this regional profile and a very different picture emer2es,7 For example, the median household income in Minneapolis and Saint Paul is about $10,000 less than that of the region's. Per capita income in the white community is roughly twice as high as that found in communities of color. Poverty is heavily concentrated — in the core of the two central cities, in communities of color, and in female-headed households — and at much steeper, double-digit rates.8 Unemployment is also much higher within communities of color. In 1990, 18.7% of American Indian men and 15.5% of African American men were unemployed, or three to four times the rate for the region. Education attainment in most racial and ethnic groups increased between 1980 and 1990, but the percentage of persons who have either a high school diploma or GED is ten to fifteen percentage points below the region's as a whole. And even though this area has a relatively low high school dropout rate, the rate among racial minorities was much higher (30% in 1990-91). Irrespective of race, the lack of a basic education is critical to one's economic prospects. Unemployment among high school dropouts was 17% in 1990, or three times that of the region's. And more than a third of this group was out of the labor force altogether. 3. DETERIORATION IN THE REGION'S PROBLEM-SOLVING CAPACITY If we ask what distinguishes this region from the many other regions worldwide that are highly regarded for their skilled workforce, educated populace, high quality of life, etc., it is our considerable sense of civic-mindedness. In the past, this region had an uncanny ability to: (i) raise issues for policy debate (often in the absence of crisis); (ii) bring together business, government, labor, education, etc. in constructive forums; and (iii) after thorough discussion, resolve problems, seize opportunities and achieve non-incremental change. This cultural trait sets us apart from many other places and it has helped us to do well in the past. Today, our problem-solving capacity seems in short supply. As intra-metropolitan issues have intensified, the area's ability to forge constructive regional solutions has faltered. This breakdown is evidenced by the acrimonious nature of the policy debate that has broken out regarding the disparities in the distribution of new job growth and the incidence of poverty. Much of the discussion to date has invoked the region's interdependence but with little notion of mutuality and reciprocity. As of now, this community has not fashioned an effective regional forum that embraces both urban and suburban communities and seeks to cooperatively and aggressively address the incidence of people in poverty without the politics of place. There is a real need for forums, partnerships and alliances in which city and suburban leaders (from all sectors) can listen and not presume, debate and not accuse, and then find common ground. 8 Section IV THE APPROACH TO STRATEGY: A NEW VISION OF ECONOMIC DEVELOPMENT In order to be dear and coherent, the Steering Committee felt it was important to share the groundwork for its strategy. to offer its definition of economic development, and to set forth the logic that framed its approach to strategy. REDEFINING ECONOMIC DEVELOPMENT Two premises concerning the process and the purpose of economic development, when taken together, constitute the Steering Committee's approach to economic development. They are: The Process of Creating Wealth — Economic development is the process through which the capacity of individuals and firms to produce -- to create wealth -- is increased. Wealth implies diffuse benefits, and as such, it can encompass not only the production of goods and services whose value is established in the marketplace, but also non-market goods, such as a sense of community and quality of life. The capacity to produce is expanded when risk-taking individuals and firms use their imaginations, knowledge, technology, skills, energy and capital to create new or better products and services that are of value. Indeed, these qualities have been described as "the basic stocks of wealth-creating capacity".9 It is through these dynamics -- discovering and developing better ways to use resources -- that value is created. And without the creation of value, there will be no enduring jobs. —for the Purpose of Community Well-Being. Ultimately, economic development is undertaken to build the kind of community in which people can pursue fulfilling lives. Fulfillment has something to do with our ability to deal with the uncertainties of everyday life, and to pass along improved prospects to the next generation. One of our guest speakers said it best: 'eve want people to see a future and be engaged in realizing that future."1° When joined together— This economic development strategy is aimed at increasing the capacity of individuals and firms in the Twin Cities metropolitan area to produce ... to add value ... to create wealth ... to generate good-paying jobs ... and to gain a surer sense of well-being. 9 I' ' [k i Section V FIVE STRATEGIES THAT CHART THE COURSE Achieving the goal of creating job and ownership opportunities that enable individuals to support households requires that strategies be set which establish direction for the region. Over the next five to seven years, the following five strategies are compass points toward which to head. They arc not, however, points of separate arrival. The strategies fit together, each strengthening the others, and together charting a new direction for regional economic development. The strategies are: Strategy #1: Make the quality of the workforce the region's dominant competitive advantage. Strategy #2: Keep manufacturing and the knowledge-based service industries as the major driers of growth in the region's economic base. Strategy #3: Create a sustaining environment that nurtures the formation of new businesses and compels their future growth to remain in the region. Strategy #4: Expand opportunities for all those who want to work to gain ahby into the regional economy, either as workers or asbepreneurs. Strategy #5: Find ways to bring Minneapolis, Saint Paul and the suburban communities together as interdependent partners in one regional economy. Taken together, the overarching message emanating from these five strategies is the need to exercise stewardship of the Twin Cities metropolitan area's future. Stewardship asks that we attend to the matters at hand. If we put ourselves in the future we choose, we can then look back and see the path. The Steering Committee has included in Appendix A several examples of how these strategies might translate into action. Because the Steering Committee consciously restricted itself to the development of strategy and not tactics, these examples are not offered as directives or endorsements but rather to deepen the understanding dothe strategies and how they relate to the goal of more, higher quality jobownership opportunities. 10 L Strategy #1: Make the quality of the workforce the region's dominant competitive advantage. In 1977, management guru Peter Drucker observed that 'the basic factor in an economy's development must be the rate of'brain formation' - the rate at which a country produces people with imagination and vision, education and theoretical and analytical skills." Sixteen years later, his observation says much about how this metropolitan area should be positioning itself to compete in the world economy. As one Steering Committee member observed, 'this is an area whose economic development depends more on the expansion of the brain industries than the brawn industries.' The Twin Cities area is well-positioned to build one of the best educated and most skilled labor forces in the country. It has historically been a strong supporter of K-12 education, and has numerous public and private post- secondary research, education and technological training institutions. Compared to other metropolitan areas across the United States, this region has some of the highest rates of educational attainment and is known for its strong work ethic. Positioning the region based on the education, skills and quality of its workforce requires an education and training system -- from pre-school through vocational and graduate school -- that is truly world-class. By world-class, we mean undisputed leadership. Moving forward on this strategy is challenging, given the decentralized nature of our existing education and training system, and the slower pace of change that tends to exist within large-sized institutions. The effort must be two-fold: private and public sector leaders who motivate and 'sell from the top", and education-government-business-labor partnerships that "build from the bottom up". Strateg #2: Keep manufacturing and the knowledge-based service industries as the major drivers of growth in the region's economic base. Expanding job opportunities in the Twin Cities metropolitan area depends on expanding businesses. In the years ahead, it appears that more jobs are likely to come from knowledge-based service industries than from manufacturing (although a healthy portion of those service industries serve manufacturing); more from young and mid-si7P firms than from the expansion of the largest companies; and more from growth from within than by attracting jobs from outside the state. But no matter what their industry, age or size, our existing businesses' future expansions depend on their ability to be competitive on a regional, national and increasingly, an international scale. 11 Author Michael Porter writes that 'competitive advantage flows out of the capacity of firms to improve and innovate relentlessly." In order to compete effectively, particularly given this state's relatively high business cost structure and its distance from markets, Twin Cities area firms must constantly search for new ways to increase the value in their products and services. This process of innovation is particularly important to the region's manufacturing and technologically-based or knowledge-based service industries. In general, these are the industries that comprise the economic base of the Twin Cities economy. Base industries generate jobs in three ways: (i) by employing people directly in the production of their exported products and services; (ii) by indirectly generating job growth among their suppliers and servicers; and (iii) by bringing income into the region that re-circulates, creating jobs in local market industries. The region's export-oriented manufacturing and service industries are very important to the creation of both wealth and higher-wage jobs. Manufacturing comprises about 20% of regional employment.11 Its job growth over the decade, albeit modest (2.6%), outperformed the nation's. That, plus manufacturing's high productivity (measured in value added per employee), causes the region to be ranked higher than most other large metropolitan areas with respect to this industry.12 Service-providing industries make up about 76% of the region's employment.13 They are a diverse lot. Many of the high growth, higher wage service industries (e.g., business services, health, legal and specialty finance) are increasingly becoming base industries for the region. Over the long term, it is the combination of Strategy #1 (a highly skilled workforce) and Strategy #2 (high performance companies that unleash the creativity and fully utilize the improved skill of their employees in value-adding business strategies) that forges the productivity path toward a higher standard of living. In short, more and higher quality jobs. Strategy #3: Create a sustaining environment that nurtures the formation of new businesses and compels their future growth to remain in the region. Entrepreneurs are those that innovate. They change the wealth-producing potential of already existing resources. Minnesota's renowned geographer, John Borchert, has asserted that the impact of entrepreneurs Minnesota oines ais particularly essential and "may well be more necessary job eation than it is in some other parts of the United States."14 A detailed study conducted in 1987 by the University of Minnesota's Center for Urban and Regional Affairs (CUBA) found that new firms provided from 42% to nearly all of the net increase in jobs in Minnesota in each year between 1978 12 and 1986, with over half of the new firm births occurring in the Twin Cities metropolitan region.° The Twin Cities metropolitan area has many of the ingredients that foster an entrepreneurial spirit. First, it has successful, mature businesses that spawn new businesses. To underscore this point, not one of the over 1,200 respondents to CURA's New Firms Study had moved to Minnesota to start their bicinecc. They all lived here first. Augmenting the talent pool produced by our established industries is a good education and training base; a wealth of intellectual infrastructure at the University of Minnesota and other institutions of higher education; a concentration of venture capital and investors to tap; a multitude of public and non-profit business development and technology agencies that form a multi- source support system; and the high quality of life that tends to attract those with entrepreneurial inclinations. Despite this wealth of resources, several sources give Minnesota low marks in terms of new business formations. For example, the U.S. Small Business Administration ranked Minnesota's new business birth rate 45th among the 50 states during the 1984-1988 period. Their data indicates that if Minnesota had equaled the U.S. average business birth rate, an additional 5,000 firms would have been created in those years.16 The Corporation for Enterprise Development, a Washington D.C.-based, non- profit economic development research, technical assistance and demonstration organization, annually compares and grades the 50 states on a variety of economic development-related attributes, with the purpose being to help each state to better understand the economic health of its economy. In 1993, CFED found that the level and growth of new firms was "poor' and "remarkably low" in Minnesota, earning the state a grade of"D". The state has averaged a "C on its entrepreneurial activity ever since CFED started this comparative index seven years ago.17 Strategy #4: Expo opportunities for all those who want to work to gain envy into the regional economy, either as workers or entrepreneurs. Most economic development strategies are directed solely at the competitiveness agenda. Fewer go on to link the economic with the social. The two are not without friction in the short-run. One Steering Committee member described the challenge as follows: "the competitiveness agenda doesn't build down fast enough to help those in need, and the human service agenda can't get to enough scale to address the size of the need. So the two agendas need to converge.' The Steering Committee felt that all three of the proceeding strategies, particularly with respect to strengthening the education and ckills of individuals 13 and fashioning greater support for minority entrepreneurship, arc very much a part of the opportunity agenda As one Steering Committee member asserted, 'economic opportunity should not be an appendage ... this [economic development] strategy should be a model where everyone wins.' The Steering Committee also felt that creating greater economic opportunity must be two-sided, e.g., involving employers in more efforts directed at decreasing the economic, geographic and social isolation that keeps the disadvantaged from the mainstream marketplace. A healthy Twin Cities metropolitan economy cannot be sustained with deepening poverty, and opportunities to rise out of poverty will be sorely insufficient if the region lacks economic growth. Strategy #5: Find ways to bring Minneapolis Saint Paul and the suburban communities together as interdependent partners in one regional economy. Minneapolis, Saint Paul, and the surrounding suburban cities need each other. But as intra-metropolitan issues have intensified, particularly disparities in the distribution of new job growth and the incidence of poverty, an "us" versus 'them" mentality has invaded many urban-suburban relationships and it is escalating. At this time of need, it appears that the region's civic tradition of raising and resolving issues has broken down. Minneapolis and Saint Paul have between their borders more than a third of the region's jobs (about 450,000 jobs or 35%). Add in the first-ring, fully developed suburbs, and almost 65% of the region's jobs are contained therein.' But the central cities also have the highest concentration of poverty. Compared to 4.1% in suburban communities, the percentage of persons living below the poverty line in 1990 in the two central cities was 18.5% and 16.7%, respectively. Poverty was also heavily concentrated in communities of color and in single parent, female-headed households. And it is beginning to rise in many of the first ring suburbs, as well. Coincident to the deepening of poverty at the core is the suburbanization of the region's economy. Although the bulk of the region's jobs are found in Minneapolis, Saint Paul and the first ring suburbs, the percentage is slowly decreasing as more rapid job growth occurs in the developing suburbs. During the last decade,job growth was heavily concentrated in the suburban areas of the metropolitan region. Of some 255,000 new jobs that were created during the last decade, about 250,000 were located in the suburbs (the vast bulk of which were in the outlying suburbs).19 If poverty is to be addressed and access to quality jobs and ownership opportunities increased, then finding ways to work together on behalf of the 14 economic development of the entire region need to be sorted out. The place to do so is within a constructive forum in which city and suburban leaders and interested parties from all sectors come together with respect, mutuality and creativity. In the midst of present controversy, there are opportunities for the metropolitan communities to act on immediately realizable ways to bring jobs and people together, including strengthening that connection within the central cities and across communities. Taking the first step could lay the path for regenerative solutions. L.5 ENDNOTES 1. Jobs that Support Househol. : What Does That Mean?, a white paper prepared for the June 1993 meeting of the Steering Committee by Sandra Scott, Director of Economic Development, Greater Minneapolis Chamber of Commerce. 2. City of Minneapolis, Changes in the Minneapolis Labor Force and the G wing Og nt, draft Employment Gap, a draft report prepared by the City of Minneapolis8 p dated September 10, 1993. 3. Metropolitan Council, Community Profiles; Housing, Population and Households, July 1993, with additional information provided by Metropolitan Council staffperson, Vengesana R. Sridhar. 4. Hanson, Royce, ed., Rethinking Urban Policy; Urban Development in an Advanced Economy, Washington D.C.: National Academy Press, 1983. 5. Borchert, John R., America's Northern Heartland, Minneapolis: University of Minnesota Press, 1987, page 7. 6. All statistics in this sub-section were obtained from various publications of the Metropolitan Council. 7. All statistics in this sub-section were obtained from Profiles of Change: Communities of Color in the Twin Cities Area, The Urban Coalition, August 1993. 8. Per the sources listed in Endnotes #6 and #7, the percentage of persons living below the poverty line in Minneapolis and Saint Paul in 1990 was 18.5%o and 16.7%, respectively, compared to 4.1% for all suburban communities. In 1990, the two central cities housed 28% of the region's population, from 50% to 75% of each of the region's communities of color and 60% of its poor. In communities of color, the percentage of persons living below the poverty level ranged from 41% for American Indians, 37% for African American, 33% for Asians and 19% for Chicano/Latino, all up significantly from ten years ago. In contrast, poverty in the white community held steady at just under 6%. In female households with children, the poverty rate was 36%. This type of family makes up a majority of below-poverty families (58%), even though they account for just 14% of the region's total families. 9. Leadership for Dynamic State Economies, A Statement by the Research and Policy Committee of the Committee for Economic Development, Washington D.C.: Committee for Economic Development, 1988, page 29. 10. From remarks given by Robert E. Friedman, Chair and founder of the Corporation for Enterprise Development, at the February 1993 meeting of the Steering Committee. 11. Metropolitan Council employment data for Region 11 (seven county metropolitan area) Covered Employment, 1990. Manufacturing comprises the largest share of the region's goods-producing sector. 12. Munich, Lee W., Jr., State of Minnesota; 1991 Economic Report to the Governor, Chapter 3, Manufacturing and Mining. Strengthening Minnesota's Base. Author Lee Munnich reports that during the 1980's, manufacturing value added per employee (a measure of productivity) grew faster in Minnesota than nationally, and those industries with the fastest productivity growth were also those with the greatest (double-digit) employment growth Additionally, the share of production workers in manufacturing is shrinking while production is rising. In Minnesota, the production job share of manufacturing is even less than it is nationally (dropping in Minnesota from 63.6% in 1977 to 57.4% in 1987. Comparative national percentages are 69.9% and 64.7%, respectively.) 13. Metropolitan Council employment data for Region 11 (seven county metropolitan area) Covered Employment, 1990. Note that the "service-providing industries' is used as a summary term to distinguish service-providing industries from goods-producing industries. The service-providing sector includes transportation, public utilities, wholesale and retail trade, finance, insurance and real estate, services, and government_ 14. Quotation taken from A White Paper Summarizing the Results of the State of Entrepreneurship: Conference I, University of St. Thomas,April 24-25, 1988, page 3. 15. Paul Reynolds and Brenda Miller, 1987 Minnesota New Firms Study: An Exploration of New Firms and Their Economic Contributions, Center for Urban and Regional Affairs (CURA), University of Minnesota, 1988. 16. Minnesota Department of Trade and Economic Development, Economic Blueprint for Minnesota, November 1992, page 5. 17. Corporation for Enterprise Development's Development Report Card for the States, (Entrepreneurial Energy Subindex), 1988 - 1993. 18. See Endnote #6. 19. Metropolitan Council, Trouble at the Core: The Twin Cities Under Stress, Metropolitan Council Staff Report, November 18, 1992, page 18. 20. Quote taken from The Changing World Economy by Peter F. Drucker in Foreign Affairs. Article previews Drucker's book, Frontiers of Management. 21. Minnesota High Technology Council, Products of an Unheralded Industry, April 1993. 22. Urban Labor Markets and Job Opportunities, Edited by George E. Peterson and Wayne Vroman, Chapter 7, pages 269 - 272. SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES OCTOBER 27 , 1993 Members in Attendance: Barry Stock, Jim Parsons, John Heald, Kay Kuhlmann, Mark Luhmann, Kevin Haugen, Colleen Winter, Pat Murphy, Ken Anderson, John Westlake. Others Present: Nat Wisser. The 27th meeting of the SCEDC was called to order at 8 : 00 a.m. on October 27 , 1993 at the Savage City Hall. I . Approve Minutes of the September 15, 1993 SCEDC Meeting Correction: Key Land Homes, not Keyline. MOTION BY KUHLMANN, SECONDED BY LUHMANN, TO APPROVE THE SEPTEMBER 15, 1993 MEETING MINUTES AS CORRECTED. THE MOTION PASSED UNANIMOUSLY. II . Treasurer' s Report Barry Stock reported that the SCEDC' s account had a total of approximately $1, 647 . III . Up-date on SBA Activity Ken Anderson reported that Cully Supply Co. is buying a building in Prior Lake with 504 financing. Anderson distributed a loan summary for the year ending Sept. 30, 1993 . Bob Alexander is the new executive director of Minnesota Opportunities, which is taking over for OMNI . John Breitback is processing a 504 application for Key Land for Prior Lake State Bank. Danny' s Construction in Shakopee may apply for a 504 loan. IV. State Economic Development Activities No report. 1 V. Development Activity in Scott County Shakopee The mini-by-pass is open. A downtown redevelopment plan will be presented to the Council, calling for clearing 2 blocks, creation of TIF districts. The City would just absorb the LGA loss to its general fund. Downtown sees 24, 000 vehicles/day. Architect Steve Cross is doing an extensive downtown plan for $3,000. The hospital is looking for a buyer for its existing site, so it can re-locate. The Stans museum is to be given to the county to operate, with a private endowment to fund operatio ave been 150 house permits issued this year. Belle Belle Plaine Ready Mix bought 4 acres; Keis' Plaine Automatic (sp? ) is building 5, 000 s. f. The development corp. is out of land in the industrial park on the north side of 169 . They have 60 acres on the south side, without water and sewer. The school has a $5.9 million expansion referendum. The City may build a new library downtown. There are 40 lots available, and 12 new houses were built this year. Prior The Wilds development will have final approvals Lake soon. Utilities and roadbed work is being done in the business office park. Key Land is buying 1.7 acres. The park does not have rail. There is discussion of building a regional library for Prior Lake and Savage. About 150 house permits were issued; there are over 1, 000 lots available. Mdewakaton The parking lots are done; there will be a Community convenience store and gas station. There will be a multi-purpose building on Co. Rd. 82; the tribe is considering a cultural center, recreation center, and museum. The Radisson at the Wilds will have conference center. Savage Heat & Glow is expanding by 40, 000 s.f. ; the company is growing fast. Northern Inc. is expanding its mail order operation by 65, 000 s.f. There is a Dairy Queen being developed. There have been 233 house permits issued; there are no lots available. 2 New Prague The proposed strip retail on the east end of town is under consideration; it would be 20, 000 s.f. , with fast-food, theater, restaurant, fitness center, convenience store. There have been about 25 houses built in 1993; there are 32 lots available. Jordan Have 40, 000+ s. f. MVEC building available for occupancy in March/April. Labor shortage is a problem for area employers. Scott Co. The comp plan, subdivision ordinance, and zoning ordinance will all be re-done. The county is looking at groundwater controls; sites for a solid waste transfer station are being considered. There were 150 building permits issued in the unincorporated area; construction activity is strong. VI. Committees Marketing/Economic Development Day. Pat Murphy, Ken Anderson, and Jon Albinson volunteered/were volunteered to serve. Business Retention. Kay Kuhlmann volunteered to chair; Colleen Winter, Kay Louis volunteered/were volunteered to serve. Labor Survey/Labor Force Enhancement. Jim Parsons, John Heald, and Barry Stock volunteered to serve. Randy Cantrell at Extension may help with the survey. VII. Other Business o Stock reported receiving 2 calls/week for space in light industrial buildings. There is no space in Shakopee, and little in the county, Stock said. He requested maps and prices for available light industrial land and buildings from the community representatives. lfik o Stock said that:71the new roads and the jobs at Mystic Lake and elsewhere,. housin will expand greatly, including multi- family. Om the 1980 's . There are 12, 000 apartment uni . nsvi le. condos do not work in this area. VIII. Next Meeting The November meeting will be held in Prior Lake. IX. Adjournment The meeting adjourned at 9 : 15 a.m. 3 r MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Response from Dealers Unit, Department of Public Safety, State of Minnesota Motor Vehicle Dealer Licenses For Chris Anderson, Ron Thiebaud and Burdette Booth DATE: November 17 , 1993 NON-AGENDA INFORMATION ITEM: Attached is a copy of the letter from Ms. Andrea Meyer of the Department of Public Safety Dealers Unit with respect to the dealers licenses for Chris Anderson, Burdette Booth and Ron Thiebaud. The DPS has extended the time frame for retail provisions of the licenses in question to March 15, 1993 , as requested by the City. If the City Council has any further questions please contact Planning staff at 445-3650. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DEALERS UNIT ROOM 161 395 JOHN IRELAND BLVD ST PAUL 55155 (612) 296- 2977 -4 Pa()> November 9, 1993 44P)-(1c11 Lindberg Ebola City of Shakopee 1290 Holmes Street South Shakopee, Minnesota 55379 In Re: Retail Motor Vehicle Dealer Licenses for Cris Anderson, Ron Thie) ud, and Burdatte Booth Dear Mr . Ekola : Thank you for your continued updates on Lhe zoning amendments being discussed in your city . This office had no intention of revoking the dealer licenses issued to the above mentioned licensees. Rather, their license TYPE would have been changed to Wholesale only, thereby restricting their business to wholesale operations . Of course, should their licenses be changed to Wholesale Only and should they continue conducting retail business their licenses could be withdrawn. As you can see by the attached printouts this office ha;: agreed to your request of extending the retail provisions of the licenses for the above named licensees to March 15, 1994, provided, of course, that the licensees renew their dealer licenses for 1994 by December 31 , 1993 . Again. I thank you for your continued updates on the progress of your zoning discussions . If I can be of further assistance please do not hesitate to contact me . Sincerely, Y/ Andrea Meyer, Su cervi Dealers Unit cc : Cr in Anderson Ron Thiebaui Butdet to Booth DONOVAN LAW OFFICE 5407 Excelsior Boulevard Suite B Minneapolis, Minnesota 55416 Telephone (612) 922-3957 Facsimile (612) 922-8351 Thomas L. Donovan Certified as a Real Property Law Specialist by the Minnesota State Bar Alssocation November 12 , 1993 Department of Housing & Urban Development PERSONAL DELIVERY Loan Management Department 220 Second Street South Minneapolis, MN 55401 RE: Village Apartments Shakopee, Minnesota FHA Project No. 092-35051 Gentlemen: Enclosed please find the proposed Plan of Action ( "POA" ) of Shakopee 62 Partnership ( "Owner" ) with respect to the above captioned project. Also, enclosed is a copy of the Summary of the POA ( "Summary" ) which is being directed to the tenants of the above project. The undersigned represents the Owner with respect to taking the above captioned project through LIHPRHA. I would request that all written communications from your office with respect to this matter be addressed to each of the following: Mr. Robert Iversen 6805 Iroquois Circle Shakopee, MN 55435 Mr. Harold W. Teasdale Minnesota Brokerage Group, Ltd. 5407 Excelsior Blvd Suite B Minneapolis, MN 55416 Mr. Thomas L. Donovan, Esq. Donovan Law Office 5407 Excelsior Boulevard Suite B Minneapolis, MN 55416 November 12, 1993 Page 2 By copy of this letter and its enclosures, the POA and the Summary is being filed with the Mayor's Office, City of Shakopee, Minnesota. In addition, the Owner or its property manager will immediately begin posting a copy of the Summary in a readily accessible location within each affected building of the project. The Owner knows of no tenant representative at this time. In the event a tenant representative comes to the attention of the Owner, all required notices, communications and materials will be provided to such tenant representative. Please call if you have any questions regarding the enclosed. Sincerely yours, Thomas L. Donovan cc (w/enc) : Mayor Gary Laurent/ Certified Mail City of Shakopee Return Receipt Requested 129 East First Avenue Shakopee, MN 55379 Mr. Robert Iversen Mr. Harold W. Teasdale B:shakopee.77 SUMMARY OF PLAN OF ACTION TO ALL RESIDENTS OF VILLAGE APARTMENTS Dear Residents : We are providing you additional information regarding the LIHPRHA process we initiated with HUD last year regarding the Village Apartments . This is provided as a Summary of the Plan of Action which the Owner is filing with HUD in connection with this process . You are welcome to review a copy of the Plan of Action. Please feel free to request a copy from management. Shakopee 62 Partnership (Owner) intends to extend the low income affordability restrictions under LIHPRHA and take a partial Equity Loan. The Village Apartments will, therefore, continue to remain affordable to the existing tenants of the Project and to future low and very low income tenants. In addition, certain improvements will be made to the building. The proceeds of the Equity Loan will be used by the Owner to buyout the partnership interests of certain partners holding a minority interest in the Owner. This buyout does not constitute a dissolution of the Owner under state law, nor under applicable provisions of the Internal Revenue Code. Tenants in the Project will generally not be affected by this extension under LIHPRHA, nor by the buyout. Brentwood Management Company will continue to act as the property manager of the Project. In addition, current management policies and occupancy policies will generally continue in effect. This process may take over another year to complete. We will keep you informed as we go along. Please call Robert Iversen at 869-0180 if you have any questions. Mr. Robert Iversen Brentwood Management Co. B:Colony.2 - g SHAKOPEE FIRE DEPARTMENT 129 East First Avenue, Shakopee, Minnesota 55379 established 1876 November 18 , 1993 MN State Fire Marshal Division 450 N. Syndicate Suite 285 St. Paul MN 55104 Fire Marshal Brace, This letter is a request for an inspection by your office of the Murphy's Landing properties in the city of Shakopee. During a recent barn fire at Murphy's Landing, it was brought to my attention that several of the rental houses in the complex may not have smoke detectors. These houses are lived in and several of them are open to the public on weekends and for special occasions. Several of these homes use wood heat and candles to reenact the time era of which they came from. If you have any questions you may contact me at home 445-5725. The inspector may also reach me there. Sincerely, Frank Ries Shakopee Fire Chief 4/\V Fire station—334 West Second Avenue 1111111111 SHAKOPEE November 24, 1993 Mr. Barry Kirchmeier 918 Minnesota Street Shakopee, MN 55379 Dear Barry: It is that time of year again when I typically notify the persons on a City Board or Commission that their terms will be expiring. Your term on the Shakopee Public Utilities Commission will be expiring the end of March. In December of 1987, The City Council adopted Boards and Commissions Guidelines for Appointments and Operation. One of the conditions contained in the Guidelines limits the number of consecutive terms one may serve on a board or commission to three. The Guidelines also provide that any incumbent (at the time of the adoption of the guidelines) was eligible for two additional terms. According to our records, you have fulfilled the eligibility requirements since you were an incumbent at that time and have served two additional terms, beginning in March of 1988 and again in March of 1991. Because of the current policy, as stated above, I am not enclosing an application for re-appointment to SPUC. On behalf of the City Council and residents of the community, I want to thank you, Barry, for your contribution to the operation of SPUC over the past twelve years. A resolution of appreciation will be adopted by City Council and a framed copy will be provided to you after the expiration of your current term. Sincerely, Juit . Cox City Clerk CC: City Council Lou Van Hout, SPUC Manager COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-443-3650 FAX 612-•145-6718 MONTHLY PROGRESS REPORT Here is the latest monthly progress report for the law department . Nearly all of the City Attorney' s time for the past month and a half has been spent on revising and cleaning up the drafts of the zoning ordinance as prepared by the consultant and reviewed by the Zoning Ordinance Review Committee . The Assistant City Attorney has had an extremely busy couple of months in court, and tried his first jury trial this past month. He won! Major civil projects are shown on this page; a separate chart showing prosecutions is attached. Project Start End Date Status and Comments Zoning ordinance 3/93 12/93 Proceeding very rapidly through planning commission. Staff comments on remaining sections should be nearly complete by next planning commission meeting, and then ordinance can go to Council . Met Council/MWCC 4/93 12/93 To Council for sewer contract consideration 12/6 . Subdivision 5/92 10/94 On hold. Completion date regulations pushed off to allow completion of zoning ordinance first . City Code update 10/91 8/93 Printed, distributed, and well received. 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I� _ CO �:!:►\\1►\\\\\\l�lii%/////////////. ///////////////////////////////////////////////////, N CD Zijf -M co O miss&\NI:7/////////. %/////////////////////////////////////////////////////. NCD X161////////// ////////////// _rn M .•. TU `n co `rr i i.-...,.. f/ / / / / // // /// co �N 0) 1111111111M Zi--- co I G•iO. 4• • / / /&_(\i MN 0) co co i -N lR61\\\\\\`I 1111111 Yf /! // N 11� co N.O c b Tr co N .— O Cr) saaueleaddy Jo aagwnN PI i? MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, Minnesota November 17, 1993 MEMBERS PRESENT: Drees, Kelly, Reinke, and Schoephoerster MEMBERS ABSENT: Mars and Stafford STAFF PRESENT: Terrie Sandbeck, Assistant City Planner Barry Stock, Assistant City Administrator I. ROLL CALL: Chrmn. Drees called the meeting to order at 7:00 P.M. The roll call was taken as noted above. Also present at the meeting was Mike Berkopec, Division President for Waste Management. II. APPROVAL OF AGENDA: Mr. Stock requested that Item No. 6.b., "Discussion regarding Metro Mobility", be added to the agenda, and that the following two Agenda Items be moved forward: A. Item 4. Refuse Collection Issues; and B. Item 6.b. Discussion regarding Metro Mobility. Motion: Reinke/Kelly offered a motion to approve Mr. Stock's request for changes in the agenda. Vote: Motion carried unanimously. III. APPROVAL OF MINUTES: Chrmn. Drees asked if there were any corrections to the Minutes of the September 15, 1993, meeting. Motion: Reinke/Kelly offered a motion to approve the Minutes of the September 15, 1993, meeting. Vote: Motion carried unanimously. IV. REFUSE COLLECTION ISSUES: Chrmn. Drees introduced Mr. Barry Stock, Assistant City Administrator; and Mr. Mike Berkopec, Division President for Waste Management. Mr. Stock stated that the City currently has a contract with Waste Management for the collection of refuse and recyclables for single family, duplex, and tri-plea residential units within the Shakopee Urban Service Area (the area north of the proposed southerly bypass). The owners of residential property larger than this, and owners of property outside of the Urban Service Area may contract with the refuse collectors of their choice. He stated that, in the past, Shakopee Services has been providing refuse collection services to residential customers within the Urban Service Area. They were "grandfathered in" as the operator within the Urban Service Area because they had been operating within the area prior to the adoption of the City Refuse Collection Ordinance. He added that, last month, Waste Management acquired Shakopee Services, so the City no longer has the problem of having two residential refuse collectors within the Urban Service Area. Mr. Stock stated that Waste Management has recently selected an alternative site in which to dispose of refuse. The new site offers a lower tipping fee than the site previously utilized by Waste Management. The result is that Shakopee residents could receive a rate reduction of$1.00 per month on the 64 gallon rate, and 22 cents per month on the 32 gallon rate. However, with the impending Scott County Ordinance requiring the disposal of all waste collected in Scott County at the NRG facility, City staff is concerned that refuse disposal rates could increase significantly when the NRG facility is in operation. Rather than creating confusion with customers and a rate roller coaster ride,the Energy and Transportation Committee may want to discuss maintaining the current rate levels regardless of the actual tipping fee experienced by Waste Management at their new disposal site in McLeod County. If the hauler is required to dispose of refuse at the NRG facility, disposal rates for the actual household would increase by over $2.00 per month. The establishment of an escrow fund would allow the City to collect the rate differential now and gradually phase in a rate increase over a period of time to the time when the NRG facility goes on line. Mr. Stock introduced Mr. Mike Berkopec, Division President for Waste Management. Mr. Berkopec distributed a brochure entitled, "The Waste Management Recycle America System" to the Committee members as an informational item. Mr. Berkopec stated that the City of Shakopee's solid waste management program continues to be a leader in Scott County, and that Shakopee residents currently recycle over 28% of their solid waste within the recycling program. He added that the City has been exceeding Scott County's recycling requirements, and should take credit for their support of that program. Mr. Berkopec described the history of landfill use within the City. He stated that their most recent disposal site closed in the first part of October, and that they are now using a new site near Biscay, Minnesota in McLeod County. He added that this site is in full compliance with all applicable State and Federal regulations, and has both a leachate collection system and a 60 ml. High Density Polyethylene (HDPE)liner. The site currently offers a gate rate that is $13.70 per ton less than the current contract disposal rate of$56.36. The result for Shakopee is a per home rate reduction of$1.00 per month on the 64 gallon rate, and $.22 per month on the 32 gallon rate. The new rates would be $12.53 and 11.73 respectively. He added that,given the move toward mandatory disposal at NRG by Scott County, this new rate may not hold for very long. He stated that he has been informed by Scott County officials to expect new ordinances that require processing of all waste collected in the county at the NRG facility by the spring of 1994. He expects that the new regulations would increase disposal fees to between $60.00 and $75.00 per ton. The worst case scenario would increase household rates to over $2.00 per month compared to rates at the new site in McLeod County. Discussion regarding flow control regulations and enforcement took place. The Committee expressed concern with a clause in the contract which allows only one rate re-opener every six months. If the rate is reduced at this time, and the NRG facility requirement takes effect within that six month time frame, another rate re-opener could not occur until the six month time frame has expired. The committee stated that they would be in support of another rate re-opener within that time frame to offset the additional costs to the refuse collector. However, Reinke stated that this clause in the contract could be used as leverage in that the City could continue to use the existing site at the reduced rate until the six month time period has expired. All of the committee members expressed support for passing the current cost savings onto the customers, despite the fact that the costs may need to be increased in the near future. Motion: Reinke/Kelly offered a motion to recommend to the City Council that the refuse collection fee schedule be amended to decrease rates by $1.00 per month on the 64 gallon rate, and $.22 per month on the 32 gallon rate. Vote:, Motion carried unanimously. V. DISCUSSION - METRO MOBILITY: Chrmn. Drees introduced Agenda Item No. 6.b., Discussion regarding Metro Mobility. Mr. Stock stated that Metro Mobility will soon be discontinued within Scott County. If this is discontinued, the City of Shakopee may have to address this service through their own transportation system. Reinke suggested that, if this service is discontinued, the portion of the real estate taxes that goes to pay for this service should not be paid to the Regional Transit Board (RTB). He added that there should be some changes made in the RTB laws. Mr. Stock stated that he would share this with the RTB and Minnesota Valley Transit. Chrmn. Drees introduced Agenda Item No. 3, Policy Regarding Reimbursement to Forgotten VanPool Riders (Proposed Policy No. 25. He reminded the members that at the September meeting, the Committee discussed the development of a policy to reimburse forgotten VanPool riders. At that meeting, the Committee concluded that the policy should require the forgotten rider to try to catch another VanPool first. If the error is the fault of the driver, there would be a reimbursement, but if it is the fault of the driver, no reimbursement would be provided. He added that staff has prepared a proposed policy based upon this discussion. Discussion on the proposed policy took place. Proposed Policy No. 25 states: 1. If a Van Pool rider finds that the Van Pool has not picked them up at their prearranged time and place, the rider should call one of the other Van Pool drivers to attempt to obtain a ride from another Van. All Van Pool drivers are responsible for providing copies of updated lists of the names of other Van Pool drivers as they become available from staff. 2. If the Van Pool rider finds that a ride from another Van Pool is not possible, and the error is the fault of the Van Pool driver, staff will provide the rider with a coupon for a one free week of Van Pool Rides. If the error is the fault of the rider, no reimbursement will be provided. Motion: Reinke/Schoephoerster offered a motion to adopt Energy and Transportation Policy No. 25. Vote: Motion carried unanimously. VI. NON-AGENDA INFORMATIONAL ITEMS: The Committee discussed the Non-Agenda Informational Items, including recent VanPool promotional activities and expenditures, the recent development of a new VanPool route by Minnesota Valley Transit, and the proposed one year extension of the VanPool Contract. Motion: Reinke/Kelly offered a motion to extend the contract with Van Pool Services (VPSI) for another year, to April 15, 1995. Vote: Motion carried unanimously. VII. OTHER BUSINESS: Chrmn. Drees stated that the next meeting will be scheduled for January 19, 1994. VIII.ADJOURNMENT: Motion: Reinke/Schoephoerster moved to adjourn the meeting. Vote: Motion carried unanimously. The meeting adjourned at 8:31 P.M. Ak/3 Monthly Project Report - Submitted by Barry Stock December 1, 1993 Project Start Complete Status Comments 1 . Mem. Park Playground 6/1 11/7 100% 2 . Clinic RFP' s ? ? 0% 3 . AWAIR Program ? ? 0% 4 . Complete new employee 7/1 10/1 100% job descriptions . 5 . Develop new employee 1/1 11/1 100% performance evaluation format . 6 . Perform Employee 1/1 ? 0% Evaluations 7 . Carpet Library 9/1 11/31 100% & Handicapped Compliance 8 . Pest Control RFP' s 5/1 11/15 100% 9 . Rehab Grant Program 5/4 12/1 95% HRA Action 12/7 Amendments 10 . City Hall Mtg. Room 9/1 9/7 90% Policy 11 . P.W. Union Contract 9/1 12/7 90% 12 . City Hall Union Contr. 10/15 12/21 10% 13 . Non-union 94 Pay Plan 12/1 12/21 10% 14 . City Hall Elevator 12/15 1/15 0% Maint . RFP' s 15 . Sell surplus property 9/15 11/15 100% Inven. Complete clean out old City Hall Sale in Nov. 16 . City of Shakopee Bldg. 11/1 12/15 0% Maint . RFP' s Other Comments The Recreation Dept. workload is as projected. The Winter Program brochure is being completed. The Building Dept . Building activity report for November is attached. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - NOVEMBER 1993 November 1993 November 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 10 136 11, 803 ,492 12 123 9, 845, 079 Single Family-Septic 1 27 3 , 658, 864 4 22 3 , 141,493 Multiple Dwellings 1 15 2 , 541, 818 - 13 1, 541, 060 (# Units) (YTD Units) (2) (40) - (-) (28) Dwelling Additions 5 78 520, 563 2 74 318, 208 Other 2 20 221, 411 1 15 95, 050 New Comm. Bldgs - 4 8 , 978 , 395 1 6 1, 899, 000 Comm. Bldg. Addns. - 5 6, 759 , 750 - 3 372 , 072 New Industrial-Sewered - 2 6, 364 , 940 - 1 4 ,500, 000 Ind. Sewered Addns. - 2 17 , 549 , 300 1 1 1, 472, 000 New Industrial-Septic - - - - _ - Ind. Septic Addns. - - - - Accessory/Garages 3 41 549, 078 2 39 335, 028 Signs & Fences 3 85 149 , 334 9 65 108 , 395 Fireplaces/Wood Stoves 2 9 16, 450 1 6 9 ,705 Grading/Foundation 1 11 453 , 860 2 13 1, 623 , 760 Moving - 1 - - 1 Razing 1 10 108 , 313 3 47, 213 Remodeling (Res. ) 7 37 217 , 200 4 33 126, 333 Remodeling (Comm/Ind. ) 5 56 3 , 456, 183 3 37 3 , 065, 470 TOTAL 41 539 63 , 348 , 951 42 455 28 , 499 , 866 No. YTD. No. YTD. Electrical 43 561 49 446 Plumbing & Heating 68 676 54 544 Total dwelling units in City after completion of all construction permitted to date 4 , 995 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1993 10288 Bremer Construction 5240 Valley Ind. Blvd. Loading Dock 40,000 10289 Darwin Asmus 1112 Polk Street Fence 800 10290 Randal Sauer 9401 Boiling Springs Lane Pole Barn 10,800 10291 Detail Home Bldrs. 2005 Granite Drive House 81,996 L 5 B 1, Heritage Place 4th 10292 Fred Coller 906 Ramsey Street Addition 27,000 10293 Barry Dickson 1380 Sharon Parkway Deck 700 10294 Viereck Fireplace 230 South Lewis Fireplace 1,000 10295 Inland Container 3900 Hwy 101 Sign 1,000 10296 Thomas Reicks 8234 Horizon Drive Storage Bldg. 13,680 10297 Brian Abram 1164 Vierling Court Remodel 11,000 10298 Harry Pass 910 So. Shumway Garage Addn. 1,400 10299 New Century Const. 1362 Thistle Lane Remodel 8,436 10300 Scott-Carver-Dakota 1257 Marschall Road Remodel 6,000 10301 G. F. Juergens 1274 Swift Circle House 89,500 L 4 B 2, Parkview First 10302 Corwyn Barfknecht 2094 Foothill Trail Porch/Deck 10,590 10303 Valleyfair One Valleyfair Drive Bridge 4,000 10304 Patrick Meyer 860 Prairie Street Porch 14,000 10305 Valleyfair One Valleyfair Drive Site Prep 170,000 10306 Novak Fleck 1423 Primrose Lane House 66,633 L 7 B 4, Meadows 8th 10307 LeRoy Menke 583-587 Milwaukee Road Townhouse 144,496 L 1 & 2 B 3, Milwaukee Manor 10308 Energys, Inc. 1000 Valley Park Drive Propane Tanks 35,000 10309 Rahr Malting 800 West 1st Avenue Ramp 6,530 10310 Elvin Tonsager 1965 Granite Drive Remodel 8,800 10311 Wickenhauser Excavating 8700-8576-8522 Hwy 101 Demo 28,000 10312 Arrow Sign Co. 1147 Canterbury Road Sign 1,200 10313 Windwood Homes 1625 Dalles Drive House 94,272 L 6 B 1, Parkview First 10314 Novak Fleck 793 Lupine Court House 88,144 L 10 B 1, Meadows 8th 10315 Novak Fleck 773 Lupine Court House 87,896 L 12 B 1, Meadows 8th 10316 Steven McDonald 1246 Prairie Lane House 128,418 L 3 B 1, Prairie Estates 2nd 10317 Sandra Cozine 330 East 6th Avenue Window 600 10318 Gary Turtle 132 East 1st Avenue Remodel 25,000 10319 Goodwin Builders 523 Barrington Drive House 180,000 L 3 B 2, Beckrich Park Estates 10320 Mark Alewine 1257 Granite Court Remodel 2,052 10321 Ralph Kromer 636 East 8th Avenue Remodel 2,000 10322 Charles Fonder 1167 So. Madison Addition 15,000 10323 Viereck Fireplace 1561 East 1st Avenue Fireplace 1,700 10324 Charles VanHale 9081 13th Avenue E. Alteration 4,300 10325 Laurent Builders 1185 Polk Street House 79,000 L 2 B 2, Minnesota Valley 7th 10326 Laurent Builders 1184 Polk Street House 67,044 L 2 B 1, Minnesota Valley 7th 10327 Laurent Builders 1136 Polk Street House 67,044 L 8 B 1, Minnesota Valley 7th 10328 Specialty Systems 828 East 1st Avenue Alteration 20,000 Total: $1,645,031 tH MONTHLY PROGRESS REPORT CITY OF SHAKOPEE PLANNING DEPARTMENT NOVEMBER 30, 1993 (wpsl\nocs\AMY\PROG RESS.NO V) 1113043 Part I. Project Start Complete Status Comments Administration 1. 1994- 1998 CIP 4/1 10/19 100% Final draft being distributed 2. 1994 Budget 4/1 12/1 90% COW approved 3. J-Term Intern --- --- --- Candidate selected Long Range 1. Chaska Int. Agreement 6/1 1/1/94 95% Draft agreement review 2. Chaska Int. Conditions 7/1 12/1/94 20% Rural Density, MUSA Comp Plan policies research 3. Land Use Plan 3/1 3/1/94 50% Joint meeting held PC meeting to be scheduled 4. East Shak. Trans Plan 1/1 3/1/94 25% On hold for land use decision 5. Zoning Ord. Update 6/1 1/18/94 70% Planning Commission reviewing draft Current Planning 1. Building Permits 11/1 12/1 Ongoing 36 Residential permits 5 Commercial permits 0 Industrial permits 2. Planning Reports 11/1 12/1 Ongoing 0 Variances 0 Appeals of CA 3 CUP 2 Plats 1 PUD 1 Rezoning 0 Vacations 0 Minor Subdivisions 4 Official Map Reviews 3. Enforcement 11/1 12/1 Ongoing 8 Complaints 5 Code Violations (Zoning) 4 Resolved Violations Management Information Systems (MIS) 1. Engineering Database 6/1 9/1 100% Complete 2. Special Assessment Software 4/1 12/1 99% Load final data 3. LAN Schematics/Doc. 8/1 11/1 25% Update old information 4. PC Maintenance Tracking 8/15 9/1 100% Complete 5. Trim LAN Files 9/9 ??? 80% Ongoing (New tape backup on order.) 6. GIS Stage One 10/01 10/01/94 1% Initial meeting held 7. PC Hardware Upgrade 11/9 12/1 75% Delivery/Installation next 1 WPSI IDOCS\AMY\PROGRESS.NOV} 11/30,93 Part H. MONTHLY PROGRESS REPORT PLANNING DEPARTMENT NARRATIVE At their November 4, 1993, meeting, the Shakopee Planning Commission tabled the public hearing regarding a request for an amendment to Conditional Use Permit No.376 until December 9, 1993. The permit allows Mineral Extraction and Land Rehabilitation on the property located west of CR 83, south of CR 16, and north of Valley View Road. The permit was originally issued to NBZ Enterprises. The current applicant, Fischer Aggregates,Inc., requested the delay to allow time to schedule an informal meeting with neighboring property owners. The company met with neighboring property owners on November 23, 1993, to introduce its proposal for expanding the mining operations at the former NBZ site. The Planning Commission also continued the public hearings for the Preliminary and Final Development Plans and the Preliminary Plat for Eagle Creek Bluff Addition,pending more information from the applicant. The proposed development contains 32 single family residential lots and is to be located east of CR 18 and south of Boiling Springs Lane. The Planning Commission recommended approval of the final plat of Westridge Bay Estates II to the City Council, subject to 26 conditions. This proposed plat is located on a site north of CSAH 14 and east of CR 79, adjacent to O'Dowd Lake. The Planning Commission approved the review of Conditional Use Permit No. 626, allowing a pet grooming operation in the Urban Residential (R-2) Zoning District. Deborah Snyder was granted the permit in November 1991 to operate a pet grooming business at her residence at 638 East Third Avenue. This review was one of the conditions of the original permit. At this same meeting, four Land Acquisition Reviews were before the Planning Commission. A Review of Land Acquisition for the Community Center was approved, and a Review of Land Acquisition for an Electric Substation was approved subject to a condition requiring a signed purchase agreement from a voluntary seller. A Review of Land Acquisition for a Water Storage Facility and a Review of a Proposed Official Map locating a Water Storage Facility were both tabled to the December 9, 1993, meeting of the Planning Commission. The Planning Commission continued the public hearing on a conditional use permit to allow the placement of fill in the floodway, to allow time for review by the Minnesota Department of Natural Resources. A discussion to consider the initiation of an amendment to the zoning ordinance allowing retail sales as a conditional use within the Light Industrial (I-1) Zoning District was tabled until after the Zoning Ordinance Committee (ZORC) recommendation is presented to the Planning Commission. ZORC recommendations, representing a comprehensive review of the current zoning ordinance, were introduced to the Planning Commission at a Public Hearing on November 9, 1993. The Planning Commission continued their review of the ZORC process at a Special Meeting on November 18, 1993, and have scheduled November 30, 1993,and December 2, 1993,as Special Meeting dates upon which to continue their review. The process of examining applications of Geographic Information Systems (GIS) technology has begun. The computer committee continues to meet. PC hardware, printers, and E-mail software are on order. Final training for FMS/AC software will be held in December. The voice mail "noise"problem seems to have been resolved with the new hard drive. Daily trouble shooting continues. IWPSIIDOCSIAMYIPROGRESS.'.OV) 77/30/93 CU •r a) a ri m Li U >y tr 0414 fi KI0-PP g 0 C.) w CO g Ai I •r1 t~ R1 •ri 0 0 .rl CA O1 CD U O r1 o ID 'CI W Q1 4.) N-N >~ b d 1.4 a) rt$1:71 CU N a) rGI O c -i .0 U i W H Id •rl IA W a) 14 K1 U 14 r4 t].,•r1 >~ b 'd 0 4) 41 CD P4 �+ tr+ b a '44 0 O •r1 w : a Id Z0 g 4d) b r4 M 0 .+p1 O I O O gU . g CD 01 -rI 0 0 .0 0 •,-(a 0 a) r-I >+ b -I-10 a) I-1 (� r.l > > •ri 14 U Id 0 a) •rI 4.) U .r{ 3 0 a1 Q • O A W ed U A 0 o 0 U ¢, 1 a1 ad O 1a •r1 tr•ri V 1-1 •r1 t~ 3 - m pp44 •0 P . a) s~ A H A tr ri U p a) Cl t~ 1d a 4 O 14 Al •ri aa) at 4 o 0 a 0 •ri •r-I 0 Q+H O a) h s~ >`4 V) ¢r N I~ > t!) •-1 Id O H1 �• >r b Id I •ri Id a) a) DI W ticua, .w >~ l b •gE E r�iwKI •P0 1aKI •�r1fa,m I a4kIj -ri -P0 0 0 0 a 0 +) ti •ri 0 )-1 ON ri 1 1 0 14A0 0 4.) 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I1 I ''C3 a) ax4 Id 0 a) a 4 •r1 Id Id b '0 H a a 3 0 •r1 O s~ U w 0 k H •ri g a) x x x Q+ a) b 5 rn 0 +� Id sa ate' a� •ra �' w a o kMM 0 1n mNa )a .o o )ax 0 C� U .� o+ Q4 W on Id tr b o+ a� 0 >~ 0 b 0 r� 0 W 0 0 0 tr OO 1) VI Ola+ >4W O' +► w g OOtO\ H 0 A A1nO .0 •r1HIW b 14 O •ri HIriW Or-I01 0 O >+ r-ir a UUUwNUI 3W X1DO U q a .I-•1 -•-1 1-I O 5 P g • 1a 'O 0 p • . . . . . . • . o a Q H N M 'd' u1 W C) 1-1 N M T' U1 a H1 N 01 v' u1 t.O N co C ri >, •P -r1 14 0 -r1 W Ka4aaw 4aICCI gU FIC af Oa4cci 81000 . b H a) H w H a) +) CO 4 W 0 H 0 O a A 0 0 1-4 .r4 W 44 % a o0 •r4 0 a H H b x o .,.i .r., M 43 0 en H CD a) � 1-4 om a ^ a) 0 a � 4)a+ ai ?3g Ug ; ba a) +) O •r+ O ( a a) cnWcA � A � 3 a) sAp 0 0o000b0Pmm •r a) b a) to cr, rl U 0+ 0 tr0gcn0a) 4-1a) Z >4H W •,-4d4H � 5a b "al H CU 00a H tri > .0 COn HA a) 4.) b q •ri 0 +14 O 4.3 g 0 ---..,-4 .,-4 w co m 10 a •V y) wr tr+c11z '3t a 0zmozQ ro 0 KJ `,t," r•1 N el V u1 %0 N CO ON 4a444401101 H H H N •P a) H tri Cd b as 1+ ILI MONTHLY PROGRESS REPORT CITY OF SHAKOPEE PLANNING DEPARTMENT NOVEMBER 30, 1993 {WP51\DOCS\AMY\PROCRESS.NOV) 11/30/43 Part I. proms Start Complete Status Comments Administration 1. 1994- 1998 CIP 4/1 10/19 100% Final draft being distributed 2. 1994 Budget 4/1 12/1 90% COW approved 3. J-Term Intern --- -- — Candidate selected Long Range 1. Chaska hit. Agreement 6/1 1/1/94 95% Draft agreement review 2. Chaska Int. Conditions 7/1 12/1/94 20% Rural Density, MUSA Comp Plan policies research 3. Land Use Plan 3/1 3/1/94 50% Joint meeting held PC meeting to be scheduled 4. East Shak. Trans Plan 1/1 3/1/94 25% On hold for land use decision 5. Zoning Ord. Update 6/1 1/18/94 70% Planning Commission reviewing draft Current Planning 1. Building Permits 11/1 12/1 Ongoing 36 Residential permits 5 Commercial permits 0 Industrial permits 2. Planning Reports 11/1 12/1 Ongoing 0 Variances 0 Appeals of CA 3 CUP 2 Plats 1 PUD 1 Rezoning 0 Vacations 0 Minor Subdivisions 4 Official Map Reviews 3. Enforcement 11/1 12/1 Ongoing 8 Complaints 5 Code Violations (Zoning) 4 Resolved Violations Management Information Systems (MIS) 1. Engineering Database 6/1 9/1 100% Complete 2. Special Assessment Software 4/1 12/1 99% Load final data 3. LAN Schematics/Doc. 8/1 11/1 25% Update old information 4. PC Maintenance Tracking 8/15 9/1 100% Complete 5. Trim LAN Files 9/9 ??? 80% Ongoing (New tape backup on order.) 6. GIS Stage One 10/01 10/01/94 1% Initial meeting held 7. PC Hardware Upgrade 11/9 12/1 75% Delivery/Installation next {W PS 1\DOcs\AM YTROGRESS.Nov} 11/30/93 Part II. MONTHLY PROGRESS REPORT PLANNING DEPARTMENT NARRATIVE At their November 4, 1993, meeting, the Shakopee Planning Commission tabled the public hearing regarding a request for an amendment to Conditional Use Permit No. 376 until December 9, 1993. The permit allows Mineral Extraction and Land Rehabilitation on the property located west of CR 83, south of CR 16, and north of Valley View Road. The permit was originally issued to NBZ Enterprises. The current applicant, Fischer Aggregates, Inc., requested the delay to allow time to schedule an informal meeting with neighboring property owners. The company met with neighboring property owners on November 23, 1993, to introduce its proposal for expanding the mining operations at the former NBZ site. The Planning Commission also continued the public hearings for the Preliminary and Final Development Plans and the Preliminary Plat for Eagle Creek Bluff Addition, pending more information from the applicant. The proposed development contains 32 single family residential lots and is to be located east of CR 18 and south of Boiling Springs Lane. The Planning Commission recommended approval of the final plat of Westridge Bay Estates II to the City Council, subject to 26 conditions. This proposed plat is located on a site north of CSAH 14 and east of CR 79, adjacent to O'Dowd Lake. The Planning Commission approved the review of Conditional Use Permit No. 626, allowing a pet grooming operation in the Urban Residential (R-2) Zoning District. Deborah Snyder was granted the permit in November 1991 to operate a pet grooming business at her residence at 638 East Third Avenue. This review was one of the conditions of the original permit. At this same meeting, four Land Acquisition Reviews were before the Planning Commission. A Review of Land Acquisition for the Community Center was approved, and a Review of Land Acquisition for an Electric Substation was approved subject to a condition requiring a signed purchase agreement from a voluntary seller. A Review of Land Acquisition for a Water Storage Facility and a Review of a Proposed Official Map locating a Water Storage Facility were both tabled to the December 9, 1993, meeting of the Planning Commission. The Planning Commission continued the public hearing on a conditional use permit to allow the placement of fill in the floodway, to allow time for review by the Minnesota Department of Natural Resources. A discussion to consider the initiation of an amendment to the zoning ordinance allowing retail sales as a conditional use within the Light Industrial (I-1) Zoning District was tabled until after the Zoning Ordinance Committee (ZORC) recommendation is presented to the Planning Commission. ZORC recommendations, representing a comprehensive review of the current zoning ordinance, were introduced to the Planning Commission at a Public Hearing on November 9, 1993. The Planning Commission continued their review of the ZORC process at a Special Meeting on November 18, 1993, and have scheduled November 30, 1993, and December 2, 1993, as Special Meeting dates upon which to continue their review. The process of examining applications of Geographic Information Systems (GIS) technology has begun. The computer committee continues to meet. PC hardware, printers, and E-mail software are on order. Final training for FMS/AC software will be held in December. The voice mail "noise" problem seems to have been resolved with the new hard drive. Daily trouble shooting continues. (WPSII DOCSUMYI PROGRRSS.NOV) 11/30/93 3 CD •rl D m a . r4 m *' s~ 1l 1a• U ?+ trI 04 1a 0a 0 is t~ 0 Lk p4 4-I mD 0 01 g b I r4 0. I' '0 .1-10 1.4 'O 0 10 .r1so 0 4-) 0► a.) N U s~ 4.1 14 1a m 0 ra m •,a t~ al Id O s~ 9r1 .0 U Id .1-1 01 4.I A m 14 t~ U 0 q 0-1 ri tri 44 ?I 41 m Pi 0 1a r-1 •rl a•rl g b '0 m 4) kk w o 0) ha 4) Z o H g 00 v1 r~ 4) U Z 01 ...&.) Nm m .0 I m 0 t~ 0 m A m •ri a. E3a~ m VI •,-I ?4 m0) C.) 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O a� a ro W w paid El Z 0ZW b N •-- d cn ani GI b+N o o a 3 * A01 01 0 Aa0A .gbg >4x I '� •° 4J 4. PXi W VI i W O H M aid Q .r! g A H U O CO ds U 0 13 •r1 0 0 ed •rl U G) as , 1s b+ O g to O W +3 0 Z >4 4•4 4 i •� U id4 E-I- I 0 a Id nai H W Wi44 ar-� b > . ai a E A a) 4J td {.' •r1 U 41 4 D o a)• b+ 0 CO CD b+u) Z m b Ot O a g O H a a H •ri •rl a) wUZcnoZaa % b a b 00000 0 • • 0 ," It N M nr us tai I•-• as crs 0444444cvoam N H H N 4.3 0 N b+ id id as # 1EE; s t. . . } -, • fir SHAKOPEE December 2, 1993 Mr. Gerry Barker Executive Director Murphy's Landing 2187 East Highway 101 Shakopee, MN 55379 Dear Mr. Barker: I am writing to advise you that the 1ease for the agreement operationwand the City of Shakopee and Murphy's management of Murphy's Landing will be expiring at the end of 1993. Would you please provide me with a letter indicating whether or not Murphy's Landing desires to renew the lease for an additional five years. Please forward tnhe theetter City to me Council agenday December for eirh in olast that I can place it o meeting in December. For your information, I am enclosing a copy of the current lease. Thank you for your prompt attention to this matter. Sincerely, ith S. Co C' y Clerk CC: City Council Karen Marty, City Attorney CoMMuNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota :,,,),7-1:61 • 012-='^-3650 - FAX 612-445-6718 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN December 9, 1993 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of November 4 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for a 1' variance from the required 10' side yard setback in order to add a sun porch onto the dwelling at 622 E. 7th Ave. Applicant: James and June Plekkenpol Action: Resolution No. 675 6 . Other Business a. b. 7 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMIVIISSION Adjourned Regular Session Shakopee, MN December 9 , 1993 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the November 4 , 9 and 18 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6. 7 : 45 P.M. PUBLIC HEARING: To consider amendments to Conditional Use Permit No. 376 for Mineral Extraction and Land Rehabilitation, originally issued to NBZ Enterprises, upon the property located west of CR 83 , south of CR 16 and north of Valley View Rd. Applicant: Fischer Aggregates, Inc. 7 . 7 : 35 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary and final development plans for the Eagle Creek Bluff Addition Planned Unit Development, located east of CR 18 and south of Boiling Springs Lane. Applicant: VanZee Homes, Inc. 8 . 7 : 40 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. Applicant: ValiZee Homes, Inc. 9 . 7 : 50 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow fill to be placed in a Floodway area in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 10 . 7 : 55 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Prairie Bend, lying on the south side of East 4th Avenue, south and west of the K. C. Hall. Applicant: Sienna Corp. 11 . Vacation: To consider the vacation of the portion of Pierce St. between 3rd Ave. and 4th Ave. Applicant: City of Shakopee 12 . Other Business A. Official Mapping/Land Acquisition Water Storage Facility at CR 16 & CR 18 B. Land Acquisition - Water Storage Facility Lot 1 and 2 , Block 1, Maple Trails Estates 1st Addn. *C. 1994 BOAA and Planning Commission Meeting Schedule 13 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 4 /7 ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR NOVEMBER 1993 Category 1 - Projects Under Construction 1. 12th Avenue Sewer and Water Project (Industrial Park) This project is essentially completed except for minor punch list items . The assessments have been adopted on this project . 2 . Minibypass Construction (Mn/DOT) Now that the new roadway and bridge have opened, work will be concentrated, the parking lots off 1st Avenue, pedestrian park and tunnel, lighting, sidewalks and other miscellaneous work. Work will continue as long as weather permits . The project will be completely finished next summer. 3 . Valley Park 11th Addition The base course of aphalt has been placed and all seeding completed. The contractor has requested that the wear course of asphalt be postponed until 1994 (No further updates until next construction season) . Percent Completed - 90% 1 4 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline drainageway has been rough graded. The culvert crossings at County Road' s 79 and 77 have been completed and the crossing at County Road 15 is under construction. Also, storm sewer Segment No. 4 through the Meadows has been completed. Storm sewer Segment No. 3 adjacent to the P. & V. Addition is approximately 60% complete . Percent Completed - 20% 5 . Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) The temporary asphalt has been installed on Spencer Street and Fillmore Street . The sidewalks on Spencer Street will not get completed this year due to the weather. All further work has been suspended on this project until next year. Percent Completed - 40% 6 . V.I.P. Interceptor Extension/Rahr Forcemain The VIP extension is completed between C.R. 79 and Lion' s Park. The Rahr forcemain is completed except around the Women' s Correctional Facility and a segment just south of 3rd Avenue. Percent Completed - 75% 7 . Murphy' s Landing Lift Station Replacement The electrical work has been completed, except for the control panels . The control panels will be installed in early December and then the lift station pumps will be installed. Percent Completed - 30% 8 . Brambilla' s Storm Sewer Construction has started on this storm sewer project . In addition, the owner is enlarging the detention pond for receiving full credit on the Storm Sewer Utility. 2 Category No. 2 - Projects in Design 1. Rahr Malting Inverted Siphon (Service Line) All design work been completed. The final agreement with Rahr Malting have still not been executed. Staff has requested prices from the VIP contractor to add this as a change order. Percent Designed - 100% 2 . Public Works/SPUC Parking Lot Paving The survey work has been completed. No design has started. Percent Designed - 0% 3 . Downtown Alley Reconstruction and Undergrounding Electric Lines The design of this project will need to be coordinated with Shakopee Public Utilities . All field survey work has been completed and design has started. The pavement reconstruction portion will be designed in-house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Construction of this project has been postponed until 1994 . Percent Designed - Pavement - 50% Electrical - 25% 4 . Parking Lot Downtown (Old Gene Brown Lot) This project will be designed in conjunction with the alley reconstruction project . Percent Designed - 0% 5 . Downtown Streetscape/Phase II The City Council has ordered plans and specifications prepared for this project . The survey work is currently being done . No design has started yet . Percent Completed - 0% 3 6 . Alley - Block 48 The City Council has ordered plans and specifications prepared for this project . The survey work has been started. No design has started yet . This project will be combined with the Downtown Alley Project . Percent Completed - 0% Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water A petition for sewer and water was received by the City Council on July 6, 1993 and a feasibility report ordered. Work on the feasibility report is in progress . The watermain portion of this study will be provided to City staff by Shakopee Public Utilities Commission' s consultant . The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities . Percent Completed - 30% 2. Pierce Street Vacation (3rd Avenue to 4th Avenue) The City Council ordered a report prepared for the possible vacation of this street . This report has been completed and was submitted to Council on December 7, 1993 . Percent Completed - 100% Category 4 - Private Subdivisions All public streets and utilities constructed as part of new subdivisions require continuous inspection to make sure City Specifications are followed. The following is a status update on the new subdivisions being constructed in 1993 . 1. Beckrich Estates Except for the street entrance at County Road 78 which is being completed as part of the County project, all work in this subdivision is completed. (No change in status) Percent Completed - 95% 4 2 . Meadows 8th Addition Phase I of Meadows 8th is completed. A portion of the streets were delayed (Phase II) due to the Shakopee Bypass Drainage Project . The storm sewer associated with the drainage prject has been completed through Meadows 8th, so Phase II will be completed soon. Percent Completed - Phase I - 100% Phase II - 40% 3 . Milwaukee Manor All underground utility construction (sewer, water, storm sewer) has been completed. The base course of asphalt has been completed on Dakota Street . The remaining streets (private) are gravel with no pavement . (No change in status) Percent Completed - Overall - 60% Dakota Street - 90% 4 . Maple Trails Construction on the streets in this subdivision have started. The grading of the roads is completed. Except for the first 400 feet, the roads have not yet passed the roll test in order to place the gravel base . The gravel base has been placed on the first 400 feet . Percent Completed - 25% 5. Dominion Hills Construction on the streets in this subdivision have started. The grading of the roads is completed. The roads have not yet passed the roll test in order to place the gravel base . (No change in status) Percent Completed - 25% 6 . Stonebrooke - Phase II Plans have been approved, but construction has not started yet on this subdivision. (No change in status) Percent Completed - 0% 7 . Parkview 1st Addition All curb and gutter and asphalt base have been installed. The wear course of asphalt will be installed next year. Percent Completed - 85% 5 8 . Meadows 9th Addition The underground utility construction has been completed. Gravel base has been placed on approximately 20% of the streets . Percent Completed - 50% 9 . Westridge Bay Estates II Even though the final plat has not been filed, rough grading on the streets has started. This work is being considered private streets until the plat is filed. The streets are being built to City Specifications. Approximately 600 feet of street has the Class V gravel base completed. Percent Completed - 25% Category 5 - Special Projects 1. Huber Park Grading Permit Because Huber Park is in the floodplain, the City must receive a permit from the Planning Commission to place fill in the floodplain. Most supporting data for this activity has been prepared and the field surveys completed. Staff will be submitting this to the Planning Commission for action in December. 2 . Maras Street Easements All easements for the street have been obtained and recorded except two. The City Attorney is continuing to work towards obtaining the remaining easements . (No change in status) 3 . Total In-House Engineering Concept During the 1993 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e . no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet . This report will be prepared in 1994 . 6 4 . Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this. Staff has not received any proposals from the Watershed District . 5. Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. The final report is being postponed until the final decision involving the Chaska Interceptor cost sharing agreement . Percent Completed - 95% 6 . Comprehensive City-Wide Stormwater Management Plan (Consultant) This study is approximately 90% completed at this time. The draft report has been submitted to staff for review. 7 . Chaska Interceptor Negotiations The City Attorney and other staff continues to negotiate the agreement . Construction of this sewer has been postponed until 1995 by the MWCC. 8 . Traffic Analysis for Vierling Drive from C.R. 15 to T.H. 169 The City Council ordered a study on the extension of Vierling Drive from C.R. 15 to T.H. 169 to serve the mall . The intent is to study alternative alignments in 1994 and construct in 1995 . This study has not started yet . Respectfully Submitted, David E. Hutton Public Works Director/City Engineer December 1, 1993 7 #/i(S7 923 Scott St. Shakopee MN. 55379 Nov. 23, 1993 Mayor Gary Laurent Shakopee City Hall Shakopee, MN. 55379 Dear Mayor Laurent: I am writing in regards to the proposed Shakopee Hockey Arena. One reason I am writing this letter to you is because I think we should have an Arena so that we could have a strong Youth hockey program and High School Program. With an Arena more kids would be able to join because their parents would not have to drive them all over and with that driving all over takes alot of time and devotion. Parents don't have the time and the kids can not go to practice late at night because they need their sleep and time for homework. The city has been promising us an Arena for a long time and we deserve to have an Arena. There were alot of parents who devoted their time to keep the Bubble up and I think it is time they are rewarded. Sincerely. Kevin - - z November 23 , 1993 Mayor Gary Laurent City Hall 129 Holmes Street Shakopee MN 55379 Dear Mayor Laurent; I am a senior at Shakopee Senior High School . In my Practical Government Class , we have been assigned a project to write a letter to a Government representative that concerns us . One issue that is important to me is the Shakopee By-Pass project . Growing up I lived in the Davies Addition off of Highway 169 and County Road 69 . All of my childhood years, the topic of discussion was if the By-Pass would take our home and when it would happen and even why. I , myself , never understood the whole ordeal . My parents and all of our neighbors would attend many meetings at the Courthouse discussing where exactly the By-Pass would be and if it would take our neighborhood . In 1986 , it finally happened . The news spread of the property buy-outs. I slowly saw my childhood friends ' homes being bought by the State of Minnesota and moved away. One by one the house movers loaded the homes on their semi trailers . Even as I write this it brings a tear to my eye remembering all of my friends I had in that Davies addition with 22 homes in it. Our home was purchased by a family in Henderson, Minn. and carried away. We, then, built a home off of Marschall Road. I am not complaining that the Government did not provide us with enough money to move, but I am more concerned with the issue if the By-Pass is even going to go through the neighborhood once called the Davies Addition. Now in 1993 almost 1994 , seven years later, the addition has not even been touched . In 1986 , the State made our move sound "urgent" , but now what happened? I realize this may not be a priority for you , but taking away my old neighborhood is something that affected many lives . Are these lots going to be developed and resold? Did our move serve no purpose? Is the highway ever going to go through that area? Sincerely, \ . MP, Wendy Huth 2095 Hillside Drive Shakopee MN 55379 635 W. 4th Ave . Shakopee, Mn. 55379 November 22, 1993 Mayor Laurent Shakopee City Hall Shakopee, Mn. 55379 Dear Mayor Laurent : As you know, the Shakopee Hockey Association, has been trying to get a hockey rink in Shakopee for many years. Now that the "bubble" is no longer in use, the hockey teams have been forced to find ice time at other places . There have been several plans over the years to build an Ice Arena. Last year when we presented plans to the Shakopee City Council we were asked to come with cost cuts, which the Association did . Having our own arena would mean keeping money spent for ice time in other arenas in our own town. Also there is a great deal of money generated from the Hockey tournaments sponsored by SPL. Ice time would also be sold to other communities . We have had hockey in Shakopee for over 20 years . We need to have an arena built . We are reported to be the next area of growth in the Metro area . Let Shakopee be progressive in becoming the first in Scott County to have an arena built . Smaller communities than ours have beautiful areans . All we need is four walls and a roof to cover the ice, nothing special . I hope that the building of an Ice Arena will again be thought about, talked about , and hopefully approved by the City Council . Alot of peoples dreams would be fulfilled. Sincerely, Brian Lindgren November 23, 1993 Mayor Gary Laurent City Hall 129 Homes Street Shakopee MN 55379 Dear Mayor Laurent; My name is Matt Juba and I am writing to you in appreciation for your cooperation with the school district's need for land to improve our football, and track and field stadium. Being a senior athlete at Shakopee I'm unfortunately not going to be able to compete on the new facilities. I do, however, feel a bit of pride coming on knowing that the school I attend will have great athletes in the future because of the improved facilities. the new football stadium will also help the school to start new programs like soccer. The students of the future at Shakopee High School will now have great reasons to take part in the athletic programs offered. What I feel is that the students will eventually have a strong sense of pride in themselves and their school. In turn the school will graduate hard working men and women into our community. It all starts with the appearance of the school. The visual appearance of our city will have a good impression on our visitors. It may also influence young families looking for a place to raise there children. One of the top things on my list in looking for a home would be the school systems. The looks of a school would certainly be a good way to back up what goes on inside the school. In conclusion I would like to once again thank you and everyone else who helped make our school and city a better place to live. Matt Ju c Shakopee Senior High School Practical Government Project -#1c7 • 417 November 30, 1993 `=t~ Mayor Gary Laurent City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Canterbury Downs Dear Mayor Laurent: As I am sure you are aware by the press coverage and private discussions on the issue, my company, Jacobs Realty, Inc. , has entered into a contract with New Canterbury Downs to purchase the Canterbury Downs track located in Shakopee. As I am sure you are further aware, my purchase is currently being challenged in court by a group led by a Susan Bala from Fargo, North Dakota. Had it not been for the challenge, I was scheduled to close on the purchase on December 15, 1993, and by now, I would have been in touch with the City of Shakopee about our mutual interest in promoting and benefiting from the property. I have delayed those contacts, however, pending some resolution of the Bala challenge. With the advice and counsel of my attorneys, I firmly believe that I have a valid and binding contract to purchase the facility, and that the asserted interest by the Bala Group is without foundation. Unfortunately, the challenge may cause some delay in our scheduled closing. As I have publicly stated, I have no firm or definitive plans on the use or uses to which the facility can be most beneficially put. I am certainly mindful of the fact that some form of racing should be considered. However, in order for this to be a realistic alternative, discussions with all the interested parties should commence immediately so that the opportunity does not become a practical impossibility through the sheer passage of time. I have been advised by persons representing the horse industry that the time to take necessary actions will be shortly after the first of the year. Had the challenge to my contract not been made, I believe that timetable would have been doable. Mayor Gary Laurent November 30, 1993 Page 2 In the meantime, I am proceeding to follow the terms of my Purchase Agreement to be in a position to close on the track as soon as possible. I am aware of the City's interest in the tax increment being paid and the need to provide a letter of credit for that purpose. I would like to work with the City to substitute a letter of credit from my bank for that posted by the present owners. If that will require formal action by the City, I ask to be put on the agenda for the earliest possible meeting so this issue will not further delay closing. I look forward to meeting with you and other members of the City to discuss the future of the facility. Be assured that as a lifetime local resident and employer, I believe we will be able to develop uses of the facility which will be of mutual benefit to its owners, the City of Shakopee, the local economy and the State of Minnesota at large. I look forward to meeting you and let's hope that the Bala challenge does not delay the closing so as to limit any opportunities. Sincerely, 7) Irwin L. Jacobs ILT/sj cc: John J. Ford - Ladbroke Racing Corporation DATE: November 30, 1993 TO: Shakopee Councilmembers and Councilmember - Elect FROM: Gary Laurent RE: November 27, 1993 Star Tribune Article I had been aware for sometime that the Star Tribune was working on an article regarding me. After spending about two hours with the reporter (Mike Kaszuba). I was aware of the planned print date. In hind sight, I should have perhaps notified Councilors of the intended article at that time. In a future similar situation I will. Nevertheless, I believe it may now be helpful to provide you my analysis of the article. I certainly would welcome any comments or questions you may have regarding any of the issues raised in the story. The newspaper started by reporting that shortly after my initial election I signed a 99 year, $1 lease of City property to Stonebrooke. What wasn't reported is that this lease of a 66' by approximately 130' property was only a small part of a whole series of agreements which came about as part of the Stonebrooke PUD approval. All of these, including this lease. were approved prior to me taking office as Mayor. (This information was provided to the reporter but not included in the newspaper article). The lease agreement would not have been entered into by the City had the City not secured all of the other agreements by the developer. Part of the payment for the lease included requiring the developer to: clean up the dump site the property had become; maintain the property consistent with the approved PUD for thhe duration of the lease; and contruct across the leased property a bituminous lake access costing thousands of dollars to benefit the Timber Trails Subdivision. Also, attached to the lease agreement provided to the reporter was a copy of the Attorney's opinion I sought regarding signing this lease. The opinion essentially said that not only could I sign it. but that I should sign it, as a ministerial duty of the Mayor to sign on behalf of the City those documents approved by Council. You may recall that this is precisely the issue which caused our previous Mayor to be taken to court by City Council. In the interview, Sara and I commented that in my first campaign we had heard critics comments that we had not lived in town long enough to be Mayor. The article reported that we "were treated as outsiders by the City's established families". -- a slight rewording. The former Mayor is quoted as saying "a developer should not be on the City Council." Perhaps this is an inaccurate quote. Didn't Ms. Lebens strongly support a developer (Clete Link) in a recent Council election? Although I understand Elmer Marshcall's frustration and anxiety, I find his contention as presented in the article particularly troubling. It alleges that the Council always votes as I wish. Besides its total falseness, as evidenced by numerous split votes, it is also insulting to the Council. I have been asked by some about the law suit by the owner of Lone Pine Golf Course in that several people thought that the article implied we had to make a payment to settle the case. The fact of the matter is that the suite was brought against us the City. It included a motion for a temporary restraining order. This was denied. We countersued for interfering with our business relationships. Eventually both the City and us were dropped as defendants and only our countersuit remained. This was settled the first day of court with a monetary settlement to us. With regard to the substation siting, the reporter was provided information on the latest site selection and shown on a map that this site abuts Sara's and my homestead. He elected to not use this information for the article. The article concludes with a quote from Gary Scott and a report from me. Although the quote is accurate. it is out of context in that it was not a direct reply to Mr. Scott. In fact at no time during the interview did the name of Gary Scott come up. In conclusion, I should note that I found the writer of the article to be quite personable. Even though he pushed some hard questions he was quite polite; and accurate in depicting the flavor of the article and when it would be printed. He also encouraged me to call him with any information I thought I might want to add after the interview. I didn't. The Star Tribune spent a lot of time on this article and gathered a lot of information. I recognize it as their right to decide what they're going to print and what they're not going to print. I also know that as a public official I'm open for scrutiny. The reaction I have received from people about the article has been overwhelmingly positive. It's very gratifying knowing that there is such a large amount of support and appreciation. Thank you for taking the time to review this. Please call with any further questions you may have.