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HomeMy WebLinkAbout03/08/1994 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 4 , 1994 1. Attached is the March calendar of Upcoming Meetings. 2 . Attached is a copy of an editorial regarding Met Council's Comeback from the Prior Lake American. 3 . Attached is the Planning Department's Monthly Progress Report. 4 . Attached is a memorandum from the City Attorney regarding Open Meeting Law Materials. 5 . Attached is the March Business Update from City Hall. 6. Attached is the Police Report for Council review. 7 . Attached is the building activity report for February, 1994 . 8 . Attached is a copy of the Scott County Economic Development Coalition Meeting Minutes of January 19 , 1994 9 . Attached is a copy of a legislative update relating to opt-out transit from George Bentley. 10. Attached is a copy of the CDC Minutes of February 16, 1994 . 11. Attached is a copy of the Shakopee Public Access Corporation Minutes of January 24 , 1994 . 12 . Attached is a copy of the Shakopee Cable Commission Minutes of January 24 , 1994 . 13 . Attached is the Monthly Progress Report from the Assistant City Administrator 14 . Attached is the Monthly Progress Report from the City Engineer. 15. Attached is a copy of a letter prepared by staff regarding the concerns of Bev Kohenen regarding the 500 foot setback for mining operations. 16 . Attached is a copy of the 1993 Annual Review from the Suburban Rate Authority. 17 . Attached is a notice of a March 21st seminar on "Environmental Costs" to be held in Savage. Admission is free. No reservations are necessary. 18 . Attached is a copy of a notice from MWCC regarding the sale of 588 acres of MWCC property in Shakopee. March c h 1 9 9 4 / Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 4:OOpm 7:30pm Planning Committee of Commission the Whole 7:00pm Precinct Caucuses 6 7 8 g 10 11 12 7:OOpm City Council 13 114 15 16 17 18 19 4:30pm Public 5:OOpm 5:00pm CDC Utilities Committee of 7:00pm Energy the Whole and Transportation 20 21 22 23 24 25 26 7:00pm City Council 27 28 29 30 31 I 7:00pm Park & 7:00pm Recreation Committhe Wholee r • February April SMT W T F S SMT W T F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 24 25 26 27 28 29 30 i 02/16/94 11:38 CITY OF SAVAGE -, 4456718 .km-i 11-4 aro .,--.......,.........4--- .. ..: • tibx;i till • 0 .- • .- . • P. t 'it,t 2-ka • l'il' f I . e .. .e, —, •. •............•_.-••• ‘,1 P4t1 t t 41.Off' '0--4rf.i For• .. , ,..0,...f.i ,t.". 4 , • •.,... . .. .::, - ‘.. . . . i .17ty.. .•'.:: #e' ' r 1 't,'; '• - 1'4 W4;1?1 :?' . • . • ' - EdiTorkfif.v%e,ci-3/41,,-}W.Ai..vie.'Kli‘s 1 v...0 , : , ...„........:4.....,....,„,.... . . . , .11, .,0c. Ivo !.:- -it ;ii. k Lir)-1 ;slit.. it - f*:‘••"? ! -.`.,: .-- . ..•:•.1• ....: ...• . •` , • •:‘,...4.:..:.;,,L,..: -1,! ---ounci 's comeback . : • - . 1 0)....4100-•,./ ta:ftc p„.tti t ;-,:,,.-.),‘,, " :4 ' . .1'14* ''' - • 1 . • .. I• •„;4. .. ,....,4 p-14,1 . ii • i•a-r•P iIn building and planning a city-for the.better,Prior.-,.. outslcfe the dty'k:munielpill.urbakIertidce• ' fLake appears to,have found a clear,thinking,level- ', (MUSA). :i .!1; _ _i s.. ali .. -1 ".:P'.7•.'i _ .t, ,law. ,...,./:,..,,;„ • headed ally. And; are you ready for this? It's the '., Why should Prior Ulcerate?'Ida little di.•••• ,,-,; i ?Metropolitan Council',*, -, ‘,mane that Prior Lake's.and Shakogee's individual .!,..114a,lu,ii.J.) , .For a while here,it seemed like the city of Prior -.2010 Comprehensive plinsfivill now likelybegn .2,,,,, .,:•,4(.1i.i., iLake had found a lifelong enemy known as the Met agreement oaths issue of rural density development. ' • iCouncil,an agency that until recently could be influ- And that agreement would hurdle the last stumbling t.'11'4"It?.ev.. ' ienced as readily by politics as planning. block on the road to direct Ferry Bridge access.The if.-4444.4sc!.47,„‘ ,Suddenly, ,1.4,,i.:11 9 . the-world through the eyes of the Met Met•Council had..pledged in 1992,to allow direct " --• 7•- ''' 1 s • - 1Council isn't such it bid place after all. access to and from County Road 18 and the 4w /...-The Met Council has begun to show signs that it -Ferry Bridge lithe rural element of those comp plans :kri,441 Altliwri: i is again becoming a planning agency that earned were consistent—thatis,consistently inindfulof the4 4i '141' endleskpraise as a model for modern metropolitan,,, need to.maintain open space in rural areas. tAlt,t Erzyrr.-, aid: planning throughout the nation two decades ago. That, and the fact that the Met Councilv7iiiked ,, s a\,.41.i, ' . * The ageticy,which largely helped the Twin Cities.34c1Osely and even-handedly with the City of Prior Lake /..E.yr ii,..4%it. region reorganlie Itself In the years when the suburbs on- the approval of The Wilds development in 1993, 4 t,f 4,)e, truly became cities In the 1960s and'70s,has made is a sign that the Met Council has shown it VA ' 1 Tv some tough planning decisions with only a minimum fair partner in development of suburban are . ' ' '4'4 '• "1' of political flavoring during the past year.Nowhere That's a turnaround from the attitude that pre- lib' Ifiiii;.4( 1 elfta.s i is that more evidint*saki the cityof Prior Lake andie,vailed as recently as 21/2 yearrago.In 1991,the Met northern Scott County., . i, „. ,.•..i. -:•?Council shocked the city of Prior Lake by announe- Most reeentlyt the MetCianefl.;=.via the Metroo-'-ing,its resistance to paving the.County.Road-18 ..,.•-/.79/2r,-// liolitiui Waste cOntrolCommission—worked out e t access tamps in Shakopee,on the grounds that-the '1.::?" deal with the cityof Shakopee that was as pragmaticl.access,ramps would promote overdevelopment* .„y" salt warnecessary to break a deadlock. '3.. .,. .!..-.-:, premature development of the rural corridot)It • 3,,, The Met-Council said,in essence,that the city of- shocked the city even further when someone within . i, • Shakopee'iotild choose,to•develop Its sural service ,the Met Council's agency suggested that Prior Lake, 1 ... area at-aidensittiof'onchouse per 23 acres..-if:" tficially, should be considered a free-standing '1..4,•:',,,,.4";'„e'i i• ''.'. . .Shakopee were willing to pay the logical price.The growth center, not a developing commanity,(and • . . ' -'..prioe/iBuikling its.own costly sewer lines without-I therefore Prior Lake should have no interest in accaSs i . *Le the help of the MWCC's sewer lines.The city of, .ramps in a neighboring community. — • Shakopee may the, choose to do that.But in a town -/ • Make no mistake about it.Changes were made in . . . ., where taxpayers.areahnost as concerned about local-.=.those two years on the Met.Council. And the Met ::• J.'s:Au,••,•3. ••• property taxes as their counterparta In Prior Lake,the-'Council responded:to chatige.;byl more*carefully .COU it citywould have a hard time justifying that added cost considering its role in metro development."3'' On an issue with such nebulous benefits as that of. It has gotten back to dealing with spocifie plan- to thiidtioi; ,. rural development. I' =••.? •- : • ••• •••L'-- - ,• ning concerns,not debating generalited and politi- „lx On.lan.18,tlit . - It's likely.that the Shakopee City Council will let:Ti- dud fears of development,It is letting citiesdo.their Pa.*ordi.naucl, the MWCC build a sewer line that will cost the city'•own planning while effectiVely pointing out the costs Primo'Ake.I firn! on.the,eeluncil wi' ifraction of what it would cost to build its own sewer ,_involved in those decisions. ...,..4 .. . .,.1. it, exhibited both line:The agreement stipulates.that Shakopee must?...,.1 . This partnership in deveLOpniiiii Shou. id beneAt men se . agree to develop its rural service area at a sparser' cornmunities struggling internally-with their own It ought to be density.o.torte house in 10 acres or moretiliat density_.. ideals of suburban development===,tawiti 1 to anyone that bet - 7 ,••By:JIM,RICCIOLI ate a boat at any af places less strain on the3MWCC.sewer line,in the .i _, i .; . . the middle of,or longi run.and limits overdevelopment of that area . ' 's - 1 . 1 ..1 ‘,4 ,I i 1 1 ; ..,r,:•,:.,., of, a highly used 403, i .....k . .. • - • . - A i . • c ..1. --!-.1•:-••.-: •' i poses a serious i .m4e:3),,ve ,.......;• i, . , • • . — :. . • . . if ' -11440'4,:tisir— -1,*;:te--'.7 ..1 .1 • 1 . ''.- i also equally obvit , ' i tioa Infringes on •• '-z,..'-- 4''''''' ''':-- • 0 i i -.• • ' .. 44: .I i 'who'.are uyIng to -.• :4.3..ow •....:! -::.,•;-:._, . - , i! •:,i)s'•4.711- fila AI f•;-.1.44 4ii•Of 4,,' . ..rjilii,• tlf)I t ' Vitt,t,,t.! wo ,i gel; t CotaftWil ,-: - . ate rquired mth .,;,:is: ,,,s4=3,.i ....;q ;b ff. tit'th . t -k;-.k) - .:--, -..r...,..-,.-i- and I would egret riEningthilii!-M-.davg-einfh-ri n--ri-e)n el nm -1 ',.°„wrtrnt.gr.iins.°Ibtivt FEB-16-1994 10:35 612 890 8321 g.7% P.02 3 /(q O e & MONTHLY PROGRESS REPORT CITY OF SHAKOPEE � PLANNING DEPARTMENT FEBRUARY 28, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration I. Hire Planner 11 11/01/93 2/14/94 100% Paul Bilotta has joined the staff 2/03/94 100% PlanningCommission approved 2. 1993 PC Annual Report 1/01/94 PP 3. 1.994 PC Work Program 1/01/94 2/03/94 100% Planning Commission approved Long Ranee Planning I. Chaska Int. Conditions 7/01/93 2/01/95 20% Rural Density, MUSA Comp Plan policies research 2. Land Use Plan 3/01/93 6/01/94 50% Research 3. East Shak. Trans Plan 1/01/93 9/01/94 25% Research 4. Zoning Ord. Update 6/01/93 3/15/94 90% Committee of the Whole reviewing draft 5. Zoning Mapping 1/01/94 7/01/94 5% Planning Commission initial discussions Current Planning I. Building Permits 2/01/94 2/25/94 Ongoing 16 Residential permits 4 Commercial permits O Industrial permits 2. Planning Reports 2/01/94 2/25/94 Ongoing 0 Variances 0 Appeals of CA 1 CUP 5 Plats 2 PUD 1 Rezoning 0 Vacations O Minor Subdivisions O Official Map Reviews O Registered Land Surveys 3. Entorcement 2/01/94 2/25/94 Ongoing 0 Complaints 2 Code Violations (Zoning) I Resolved Violations 4. Application Packet Revisions 1/01/94 3/15/94 40% Internal comments addressed 5. 3-Day Application Review 1/15/94 2/03/94 100% Planning Commission approved Management Information Systems (MIS) 1. Install New Tape Backup 12/01/93 3/01/94 75% Being configured 2. GIS Stage One 10/01/93 10/01/94 5% Features list done 3. PC Hardware Upgrade 11/09/93 3/01/94 95% Installation in progress 4. Install File Server 11/09/93 3/01/94 75% Waiting for tape drive configure 5. Equip New Staff Member 2/01/94 4/01/94 90% Computer and phone jacks installed Cubicle designed, on order 6. .3-Year Computer Plan 1/01/94 2115/94 100% Waiting for implementation (WP51\DOCS\AMY\PROGRPT.FEB) 2/25/94 MONTHLY PROGRESS REPORT PLANNING DEPARTMENT NARRATIVE At their regular meeting on February 3, 1994, the Shakopee Planning Commission continued the public hearing for the Preliminary Plat of Eagle Creek Bluff Addition to March 3, 1994. The hearing was continued because the City Council had not yet ruled on the Preliminary and Final Development Plans for the proposal, located east of CR 18 and south of Boiling Springs Lane. The Planning Commission continued the public hearing for the Preliminary Plat of Riverview Estates 2nd Addition, located at the northeast corner of the intersection of CR 18 and CR 16, to March 3, 1994. The public hearing for the Preliminary Development Plan of the Prairie Bend Planned Unit Development, lying south of East 4th Avenue and south and west of the K.C. Hall, was continued until issues involving site access are resolved. The Commission recommended approval of the Preliminary Plat of Calvary Addition, located south of Vierling Drive and adjacent to Emerald Lane. The public hearing for the Final Plat of this addition was continued to March 3rd. The Commission also recommended approval of the Preliminary and Final Plats of South Parkview 2nd addition, located directly north of 13th Avenue and east of CR 15, subject to revised conditions. The Commission continued the public hearing for the Preliminary and Final Development Plans of the Planned Unit Development Mini-Storage Facility to March 3rd. The proposed site is located west of Highway 169 and south of West 3rd Avenue. The Planning Commission recommended approval of the proposed rezoning of 21.85 acres from the Agriculture Preserve (AG) to the Urban Residential (R-2) Zoning District. The property is located east of CR 79, south of Mint Circle, and north of the proposed bypass. The Commission also recommended approval for the Preliminary Plat of Homestead Ridge Addition on the same site, subject to 17 conditions. The Commission accepted the withdrawal of an application for a Conditional Use Permit to place fill in the floodway at the Huber Park site. No additional fill will be placed at the site. The Planning Commission also approved the 1993 Annual Report of the Board of Adjustment and Appeals and Planning Commission, the 1994 Planning Commission Work Program, and a Complete Submittal Policy allowing staff three days to review planning applications for completeness. The Zoning Ordinance Review continues. Once the text is approved, the mapping process will begin. Paul Bilotta has been added as a new member of the Planning Department. Paul has come to Shakopee from the City of Champaign, Illinois, where he worked in current and long range planning; revising the Comprehensive Plan, drafting the Downtown Plan, and evaluating new development proposals. He has an M.B.A. from the University of Michigan and a B.A. in Urban Planning from the University of Illinois at Urbana. At Shakopee, he will specialize in long range planning. (WP51\DOCS\AMY\PROGRPT.FEB) 2/25/94 r4 .:)' I rn 4i � � ri a\ r4 a \r4 .c a. 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UU) W C Q) •O C p 3-1 ariNC') c(' ln rV U riN (") d• t!') a e-1NC'f V' In %.0 r- CO O1 r•I >I 4) •r-I 31 0 .rl a 4440aww 4cc) PIa) 0 444a) 4m CAUU V W 4.3 a) r•i 04) 04 4.) >~ id A U MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE : February 14, 1994 RE: Open Meeting Law Materials Attached is a copy of some open meeting law materials I picked up at a conference last Friday. The attorney who prepared these materials does a good job of making the material clear, so I thought you would like his update . If you have any questions, please let me know. This is just for your information, because I know many of you have been interested in this topic. Signed 4161 Karen Ma ty, , Attorney KEM:bjm [14MEMO3] Attachment cc : Judy Cox II. OPENING MEETING LAW: RECENT DEVELOPMENTS Presented by: JIM THOMSON City Attorney, Mounds View OPEN MEETING LAW RECENT DEVELOPMENTS James J. Thomson Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 Presented February 11, 1994 at the Update for City Attorneys OPEN MEETING LAW - RECENT DEVELOPMENTS INTRODUCTION A. During the past twelve months, the Minnesota Appellate Courts have decided seven cases regarding the Open Meeting Law. Having accepted petitions for review in three of those cases, the Minnesota Supreme Court has indicated a willingness to address issues pertaining to the Open Meeting Law. B. The recent decisions can be grouped into four general topic areas: 1. The definition of "meeting"; 2. The relationship of the Open Meeting Law to the Data Practices Act; 3. The scope of the attorney/client exception to the Open Meeting Law; and 4. Mens Rea.<N, -e-t -Z4) II. DEFINITION OF MEETING A. Thuma v. Kroschel, 506 N.W.2d 14 (Minn. App. 1993), rev. denied Dec. 14, 1993. FACTS: A city resident brought a declaratory judgment action against the mayor of the City of Afton and two council members alleging a violation of the Open Meeting Law for a discussion that took place in a room adjacent to the council chambers, where the planning commission was meeting. The plaintiff alleged that the defendants met in the room to discuss a well drilling contract. Two people saw the three defendants speaking together in the room while they were looking at a document on the counter. The defendants denied that they discussed the well contract while they were in the anteroom. The mayor later presented a signed contract to the planning commission. HOLDING: The Court of Appeals reaffirmed the definition of "meeting" to be a gathering of a quorum or more members of the governing body at which members decide, discuss or receive information as a group on issues relating to the official business of that governing body. Moberg v. Independent School District No. 281, 336 N.W.2d 510, 518 (Minn. 1983). The Court of Appeals upheld the trial court's finding that the three defendants discussed the well drilling contract. The court further concluded that, although the defendants did not attend the planning commission meeting with the intent of conducting a closed meeting, circumstances developed at the planning commission meeting which resulted in such a meeting taking place. 1 LESSON LEARNED: Advise councilmembers to be extremely careful when attending meetings of other governmental bodies, such as planning commission and county board meetings. B. Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993), rev. denied May 28, 1993. FACTS: Some residents of Lake Elmo petitioned the Minnesota Municipal Board for annexation to the City of Oakdale. The Municipal Board informed both cities that it would commence a hearing on the petition unless both cities submitted concurrent resolutions. The Lake Elmo City Council unanimously opposed the annexation. Officials from Lake Elmo and Oakdale agreed to employ a facilitator to mediate the issue. The mediator suggested that a "representative council group" from each city meet to develop a list of issues. At a later council meeting, the mayor stated that she and another councilmember would attend a meeting with the Oakdale city council. Eventually, they attended a series of mediation sessions on the issue. No motion was made on the mayor's suggestion and no vote was taken. There were no specific instruction or charges given to the two people and they had no authority except to exchange views and alternatives with the Oakdale representatives and to report back to the full city council. The plaintiff, a resident of Lake Elmo, filed a declaratory judgment action for a determination as to whether the meetings that were attended by the mayor and councilmember were a violation of the Open Meeting Law. HOLDING: The court concluded that because the Lake Elmo delegation lacked the power to transact public business, the mediation sessions were not "meetings" as contemplated by the Open Meeting Law. The court went on the say that the delegation was not a "committee" of the city council because the group was not capable of exercising decision-making hap°the delegation was created cinformally, lusion, the court placed emphasis on the f without a vote or resolution and that no powers were granted to the delegation. In fact, the mediation sessions ultimately produced a negotiated agreement that was not approved by the city council. LESSONS LEARNED: 1. Limit official city council delegations to less than a quorum. 2. Interpret decision conservatively - i.e., officially created council committees should be considered to be subject to the Open Meeting Law even though the group is not capable of exercising decision-making powers. 2 III. RELATIONSHIP TO DATA PRACTICES ACT A. St. Peter Herald v. City of St. Peter, 496 N.W.2d 812 (Minn. 1993). FACTS: The St. Peter city council met in a closed meeting in response to a notice of claim that had been received by the city. The notice of claim was in the form of a letter from a private attorney. The newspaper dtin camuera and ruled thaa copy of ttheData e notice of claim. The trial court reviewed the document Practices Act did not require disclosure of the notice of claim. HOLDING: The Supreme Court, reversing the Court of Appeals, concluded that the document was not data collected af�irmadve actiothe city as pn tooan gather gathernthe investigation information. because the city had not taken any Rather, the city was simply a passive recipient of that information. LESSON LEARNED: Documents reviewed during a meeting which is properly closed are not necessarily protected from disclosure. B. Unke v. Independent School District No. 147, slip op. C9-93-1261 (Minn. App. Jan. 18, 1994). FACTS: Unke was a guidance counsellor employed by the school district and had a right to grieve disciplinary action, including suspension and discharge, through arbitration. A student told the school superintendent that Unke had sexually harassed her. The school district began investigating the complaint At week later ultimatelyn presented its report at a closed meeting of the school e school board held a special open meeting to discuss the student's allegations. The board passed a resolution terminating Unke immediately.school board lultimater ly not to testify at Unke's arbitration hearing reinstated him. HOLDING: The court concluded that the board violated the Open Meeting Law, not by holding a closed meeting, but rather by holding an open meeting. The court concluded that the school district violated the open meeting law by failing to close the meeting when it discussed private data involving the nature of the charges against Unke. LESSONS LEARNED: Unless this case is reversed by the supreme court, elected officials are now subject to violating the Open Meeting Law by not closing a • meeting. Hopefully, the case will be reversed, because Minnesota Statutes, Section 471.705, subd. ld(a) provides that, subject to certain exceptions, non-public data may be discussed at an open meeting without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority, is reasonably necessary to conduct a business or agenda item before the public • body, and is without malice. i - 3 IV. ATTORNEY/CLIENT EXCEPTION. A. State by Archabal v. County of Hennepin, 505 N.W.2d 294 (Minn. 1993). FACTS: The City of Minneapolis and Hennepin County were involved in a lawsuit pertaining to the armory. While the case was pending, the chief judge asked that members of the city council and the county board attend a meeting in her office to determine if there were any settlement options that had not been discussed at the official pretrial settlement conference. The trial court issued a ruling excepting the conference from the requirements of the Open Meeting Law because the meeting involved settlement discussions and could implicate the attorney/client privilege. The Court of Appeals held that the meeting was subject to the Open Meeting Law and was not an exception on the attorney/client privilege because it was not being held to obtain legal advice from counsel and because there would be no need for absolute confidentiality since the opposing parties would attend the conference. HOLDING: The Supreme Court held that a trial court has inherent judicial power to order closed settlement conferences even though public bodies may be parties to the litigation. However, on the facts of this case, the supreme court concluded that the meeting was not in fact a settlement conference. LESSONS LEARNED: 1. Public policy can sometimes override the Open Meeting Law. 2. A closed settlement conference involving a public body must be for the purpose of settling the underlying litigation and not to discuss ancillary issues. B. Star Tribune v. Board of Education, Special School District No. 1, 507 N.W.2d 869 (Minn. App. 1993), rev. denied Dec. 22, 1993. FACTS: The Star Tribune sought a writ of mandamus to require the Minneapolis School Board to conduct all future meetings and hearings in public regarding its superintendent and his two highest ranking aides. On January 26, 1993, the School Board met in closed session to discuss personnel issues relating to those three individuals and voted in an open meeting to accept the resignation of the two aides. On February 2, the School Board met again in closed session to discuss the issue and, in an open meeting, voted to suspend the superintendent with pay and request his resignation. At that meeting the Board scheduled a closed meeting for February 5 to discuss the investigation of the superintendent and to receive advice from its attorney concerning possible rescission of the settlement agreement with the two aides. The trial court granted a writ of mandamus holding that if litigation was actually commenced between the School Board and its superintendent, the Board could meet in closed session to seek legal advice on the litigation strategy pursuant to the attorney/client exception in the 4 Open Meeting Law. The School Board then appointed a hearing examiner to gather evidence and make recommendations regarding the superintendent. Determining that such a hearing constituted "litigation", the Board met several times in closed meetings and eventually negotiated a settlement with the superintendent. HOLDING: 1. A meeting may be closed pursuant to the attorney/client exception when the governing body seeks legal advice concerning litigation strategy, but not when the discussion focuses on the underlying merits of a proposed action that might ultimately give rise to future litigation. 2. Although the statutory exception does not limit the attorney/client principle to the context of pending or threatened litigation, the supreme court presumed that the legislature, when enacting the attorney/client exception, codified its decision in Minneapolis Star Tribune & Company v. Housing and Redevelopment Authority, 310 Minn. 313, 251 N.W.2d 620 (1976) (limiting the attorney/client exception to pending or threatened litigation). 3. When a public body can show that litigation is imminent or threatened,/o) when a public body needs advice above the level of general legal adv ci e, the attorney/client exception applies. LESSONS LEARNED: 1. "Litigation" includes things other than a lawsuit. For example, arbitration, administrative proceedings, and mediation are now potentially included. 2. Be cautious about closing a meeting if the only reason for closing it is that the city council "needs advice above the level of general legal advice." V. MENS REA A. Willison v. Pine Point Experimental School,464 N.W.2d 742 (Minn.App. 1991). FACTS: The school district voted to terminate the employment contract of three of its teachers at a closed meeting. The school board then held several other closed meetings to discuss the termination. The plaintiffstcommencedthe eThe lawsuitt against the school board and ultimately the board court concluded that the school board violated the Open Meeting Law but that the violations were not willful or deliberate. The trial court refused to impose a fine and found that forfeiture of office was not appropriate because the meetings were related, and therefore, there were not three separate violations as required by the statute. 5 HOLDING: The Court of Appeals held that the willful and deliberate standard was not the appropriate standard in determining whether to impose a fine or removal from office. The correct standard was whether the violation was intentional. The court did not define the phrase "intentional". The court also held that for purposes of interpreting the forfeiture of office clause, the issue is not whether the meetings were all related, but whether the violations were unrelated. LESSONS LEARNED: Good faith may be a defense to the penalty provisions of the statute, but not to the liability provisions. B. Claude v. Collins, 507 N.W.2d 452 (Minn. App. 1993), rev. granted Dec. 27, 1993. FACTS: The defendants were the mayor and three members of the Hibbing City Council. They attended a series of seven meetings of the city council. Six of the meetings were closed meetings that were held pursuant to the labor negotiations exception in the Open Meeting Law or the attorney/client exception. The other meeting was held in the mayor's conference room after the regularly scheduled meeting. The plaintiffs contended that topics were discussed at the closed meeting in addition to topics that were properly the subject of a closed meeting. Minutes were kept of each of the meetings. The trial court concluded that five of the meetings violated the Open Meeting Law because topics outside the scope of labor negotiations were discussed. The trial court fined each councilmember $100 per intentional violation. The mayor was fined for five violations, two of the councilmembers were fined for four violations, and one councilmember was fined for two violations. In reaching its decision, the trial court relied on the level of experience of each councilmember in dealing with the Open Meeting Law. The trial court did not impose forfeiture of office. HOLDING: 1. Intent is necessary to prove a violation of the Open Meeting Law. In cases arising under the labor negotiations ted officralexception knows or reasOo ably should g Law, intent means that the elected know that he or she is discussing, deciding or receiving information on public issues other than labor negotiations. 2. Specific intent is not required to establish an Open Meeting Law violation, but good faith can be considered in fashioning an appropriate remedy. 3. The removal from office provision can only be invoked if the conduct arises to malfeasance or nonfeasance. LESSONS LEARNED: 1. Advisable to have an attorney or other person knowledge of the Open Meeting Law present at all closed meetings. 2. Don't let councilmembers stray during closed meetings. 6 471.705 MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC; EXCEP- TIONS. Subdivision 1. Requirement. Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any state agency, board, commission or department when required or permitted by law to transact public business in a meeting, and the governing body of any school district however organized, unorganied terri- tory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commission thereof,shall be open to the public,except meetings of the commissioner of corrections. The votes of the members of such state agency, board, commission or department or of such governing body, committee, subcommit- tee,board,department or commission on any action taken in a meeting herein required to be open to the public shall be recorded in a journal kept for that purpose,which jour- nal shall be open to the public during all normal business hours where such records are kept. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims and amounts fixed by statute. This section shall not apply to any state agency, board, or commission when exercising quasi- judicial functions involving disciplinary proceedings. Subd. la.Labor negotiations;exception.Subdivision 1 does not apply to a meeting held pursuant to the procedure in this subdivision. The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or develop- ments or discussion and review of labor negotiation proposals,conducted pursuant to sections 179A.01 to 179A.25.The time of commencement and place of the closed meet- ing shall be announced at the public meeting. A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be tape recorded at the expense of the governing body and shall be preserved by it for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this subdivision during the time when the tape is not available to the public,the court shall review the recording of the meeting in camera. If the court determines that no violation of this section is found,the action shall be dismissed and the recording shall be preserved in the records of the court until otherwise made available to the public pursuant to this section. If the court determines that a violation of this section is found, the recording may be intro- duced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. The prevailing party in an action brought before or after the tape is made available to the public which establishes that a violation of this section has occurred shall recover costs and reasonable attorney's fees as determined by the court. Subd. lb. Agenda materials. In any meeting which under subdivision 1 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting which are prepared or distributed by or at the direction of the gov- erning body or its employees and which are: (1) distributed at the meeting to all members of the governing body', (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; shall be available in the meeting room for inspection by the public.The materials shall be available to the public while the governing body considers their subject matter. This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in subdivision la or other law permitting the closing of meetings.If a member intentionally violates the requirements of this subdivi- sion, that member shall be subject to a civil penalty in an amount not to.exceed$100. An action to enforce this penalty may be brought by any person in any court of compe- tent jurisdiction wifere the administrative office of the member is located. Subd. 1c.Notice of meetings.(a)Regular meetings.A schedule of the regular meet- ings of a public body shall be kept on file at its primary offices.If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings,it shall give the same notice of the meeting that is pro- vided in this subdivision for a special meeting. (b) Special meetings.For a special meeting,except an emergency meeting or a spe- cial meeting for which a notice requirement is otherwise expressly established by stat- ute, the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board,on the door of its usual meeting room.The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body.This notice shall be posted and mailed or delivered at least three days before the date of the meeting.As an alternative to mail- ing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, if there is none, in a qualified newspaper of general circulation within the area of the public body's author- ity.A person filing a request for notice of special meetings may limit the request to noti- fication of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects.A public body may establish an expiration date for requests for notices of spe- cial meetings pursuant to this paragraph and require refiling of the request once each year.Not more than 60 days before the expiration date of a request for notice,the pub- lic body shall send notice of the refiling requirement to each person who filed during the preceding year. (c) Emergency meetings. For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone num- ber. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body.Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practi- cable after notice has been given to the members. Notice shall include the subject of the meeting.Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. If matters not directly related to the emergency are discussed or acted upon at an emer- gency meeting, the minutes of the meeting shall include a specific description of the matters. (d) Recessed or continued meetings.If a meeting is a recessed or continued session of a previous meeting, and the-time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting,then no further pub- lished or mailed notice is necessary. For purposes of this clause, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. (e) Closed meetings.The notice requirements of this subdivision apply to closed meetings. (f) State agencies.For a meeting of an agency,board,commission,or department of the state,(i)the notice requirements of this subdivision apply only if a statute govern- ing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice, and (ii) all provisions of this subdivision relating to publication shall be satisfied by publication in the State Register. (g) Actual notice.If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting,all notice requirements of this subdivision are sat- isfied with respect to that person, regardless of the method of receipt of notice. (h) Liability.No fine or other penalty may be imposed on a member of a public body for a violation of this subdivision unless it is established that the violation was willful and deliberate by the member. Subd. ld.Treatment of data classified as not public.(a)Except as provided in this section, meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liabil- ity or penalty,if the disclosure relates to a matter within the scope of the public body's authority, is reasonably necessary to conduct the business or agenda item before the public body,and is without malice. During an open meeting,a public body shall make reasonable efforts to protect from disclosure data that are not public data, including where practical acting by means of reference to a letter, number, or other designation that does not reveal the identity of the data subject.Data discussed at an open meeting retain the data's original classification;however,a record of the meeting, regardless of form, shall be public. (b) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: • (1) data that would identify alleged victims or reporters of criminal sexual con- duct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82,subdivision 5,of internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; or (3) educational data,health data,medical data,welfare data,or mental health data that are not public data under section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7. (c) A public body shall close a meeting for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted, further meetings or hearings must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. (d) A public body may close a meeting to evaluate the performance of an individ- ual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (e) Meetings may be closed if the closure is expressly authorized by statute or per- mitted by the attorney-client privilege. Subd. le. Reasons for closing a meeting. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 2.Violation;penalty.Any person who violates subdivision 1 shall be subject to personal liability in the form of a civil penalty in an amount not to exceed$100 for a single occurrence. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. Upon a third violation by the same person connected with the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations issue its order declaring the posi- tion vacant and notify the appointing authority or clerk of the governing body.As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. Subd. 3.Popular name.This section may be cited as the"Minnesota open meeting law". History: 1957 c 773 s 1; 1967 c 462 s I; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s I; 1983 c 274 s 18; 1984 c 462 s27;; 1987c313s 1; 1990 c 550 s 2,3; 1991 c292art 8s 12; 1991 c319s22 BUSINESS UPDATE FROM CITY HALL Vol. 8 No. 3 Dear Chamber Member: March 1, 1994 Administration have expressed preliminary interest in developing a project on Block 3 & 4. The funding source for this Staff is presently in the process of establishing a 1994 project would be Tax Increment Financing. There are pay plan for non union employees of the City of several methods of facilitating the completion of this Shakopee. The proposed pay plan is being amended as project that will be presented to the City Council for compared to previous years to coincide with new job their consideration on March 8, 1994. bench marks that have been established for various position descriptions as a result of the joint comparable On February 15, 1994 the Shakopee Housing and N1orth study completed earlier this year. Staff is also Redevelopment Authority directed staff to take the considering the implementation of a pay for steps necessary to facilitate the relocation of the home performance program. Council will he considering the located at 135 West Third Avenue. The home needs to pay plan some time in March. be moved in order for the Stans Museum to be constructed. The Stans Foundation has offered the home to the City for $1.00. City staff is attempting to City Clerk identify a lot to relocate said home. If total project costs are viable, the HRA may consider offering the At their February 15th meeting, City Council amended home to a low to moderate income family for purchase. the City Code by moving the appointment process for The HRA may also consider using the home for hoards and commissions hack a month. Residents will transitional housing. Staff will be making a report to he invited to consider serving on a hoard or commission City Council at their March 8, 1994 meeting. during january as opposed to December; December being a very hectic time of the year for most people. Park and Recreation There are still openings on the Energy and Transportation Committee, which meets the 3rd Growth is occurring on many fronts in Shakopee. New Wednesday of the month at 7:00 P.M. Applications housing developments are springing up everywhere, can be obtained by calling City Hall at 445-3650. school facilities are being expanded to meet future enrollment projections and participation in the City's Community Development recreation programs increased by as much as 6.5% in 1993. In 1992, there were 7,532 registered participants. On Wednesday, February 16, 1994 the Shakopee In 1993, that figure raised to 12,415. Available Community Development Commission recommended to facilities to conduct many of the City's recreation City Council that the appropriate steps be taken to programs is already at a premium according to staff. secure acquisition of Blocks 3 & 4 in Downtown Shakopee with efforts being taken to preserve and The annual Shakopee Showcase will be held Monday, relocate structures of historical value. Blocks 3 & 4 are April 18th, 6:30-8:30 PM at Canterbury Downs. This located North of First Avenue between Holmes and two hour extravaganza will include exhibits, Sommerville Streets. The Community Development demonstrations and performances. Over 80 non-profit, Commission is recommending that serious consideration leisure,educational and social service organizations will he given to relocating those structures that have be on hand to answer questions. This will be the first historical value to other locations within the Downtown opportunity for residents to register for summer area. The CDC has met with several developers who recreation programs. Planning Police The public hearing for the Preliminary Development Chief Tom Steininger has been reappointed to the Plan of the Prairie Bend Planned Unit Development, Minnesota Board of Peace Officers Standards and lying south of East 4th Avenue and south and west of Training by Governor Carlson. This is a four year the K.C. Hall, was continued until issues involving site appointment, and Steininger's third term, which makes access are resolved. him one of the longest serving members on the board. The Commission recommended approval of the Hazardous material training was conducted on January Preliminary Plat of Calvary Addition, located south of 27th. This mandated training is important to our Vierling Drive and adjacent to Emerald Lane. The community because of the number of hazardous public hearing for the Final Plat of this addition was materials transported through our community by truck continued to March 3rd. and rail. Training included an overview of hazardous materials identification of product numbering and The Commission continued the public hearing for the placard identification so that officers encountering Preliminary and Final Development Plans of the hazardous materials can identify them and know who Planned Unit Development Mini-Storage Facility to to call and what precautions to take. March 3rd. The proposed site is located west of Highway 169 and south of West 3rd Avenue. Public Works/Engineering The Planning Commission recommended approval of the proposed rezoning of 21.85 acres from the The feasibility report for the extension of Vierling Agriculture Preserve (AG) to the Urban Residential (R- Drive from County Road 15 to the west has been 2) Zoning District. The property is located east of CR completed. The City Council will hold a public hearing 79, south of Mint Circle, and north of the proposed on March 8th to discuss the alternatives. bypass. The Commission also recommended approval for the Preliminary Plat of Homestead Ridge Addition On February 15,1994 the City Council ordered plans on the same site, subject to 17 conditions. prepared for installing stormsewers in 11th Ave., The Planning Commission also approved the 1993 between Tyler St. and Jefferson St. Annual Report of the Board of Adjustment and Appeals At the same meeting, the City Council ordered a • and Planning Commission, the 1994 Planning feasibility report prepared for installing sewer and Commission Work Program, and a Complete Submittal water mains on C.R. 16 from Marschall Road to Policy allowing staff three days to review planning County Road 83. The County is currently in the applications for completeness. process of designing the plans to upgrade this road to a 4 lane, urban roadway and construction is scheduled Paul Bilotta has been added as a new member of the for 1995. Planning Department. Paul has come to Shakopee from the City of Champaign, Illinois, where he worked The City Council also ordered a feasibility report in current and long range planning; revising the prepared for Viking Steel Road from C.R. 16 to Comprehensive Plan, drafting the Downtown Plan, and Highway 101, as a result of a proposed development in evaluating new development proposals. He has an this area adjacent to the KC Hall. M.B.A. from the University of Michigan and a B.A. in Urban Planning from the University of Illinois at The McKenna Road paving project has been Urbana. At Shakopee, he will specialize in long range discontinued because of the withdrawal of funds by the planning. Mdewakanton Sioux Community. 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - FEBRUARY 1994 February 1994 February 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y .T.D. Y.T. D. Single Family-Sewered 8 17 1 , 482 , 421 8 13 1, 068, 935 5 Single Family-Septic - - - 1 332 , 404 4 5 168, 000 Multiple Dwellings 1 1 (# Units) (YTD Units) (4) (4) - (8) (10) - Dwelling Additions - - - 1 3 36, 500_ - - Other - 1 300, 000 New Comm. Bldgs - 3 340, 000 - 2 250, 000 1 1 6, 000 Comm. Bldg. Addns. 1 _ _ - New Industrial-Sewered - - - _ - Ind. Sewered Addns. - - - _ _ - New Industrial-Septic - - - - - - Accessory/Garages Ind. Septic Addns. - - - 1 1 8, 000 - 2 31 , 540Signs & Fences 1 3 2 , 318 3 9 11 , 043 Fireplaces/Wood Stoves 3 3 7 , 500 1 1, 200 - - - Grading/Foundation - 1 1, 000 - - - Moving 1 1 - - - Razing 1 1 1, 000 Remodeling (Res. ) 2 4 25, 918 2 3 6, 080 Remodeling (Comm/Ind. ) 4 7 391 , 000 4 11 1 , 478 , 125 TOTAL 23 45 3 , 141 , 561 24 50 3 , 327 , 602 No. YTD. No. YTD. 29 76 39 83 Electrical 32 70 35 64 Plumbing & Heating Total dwelling units in City after completion of all construction permitted to date 5 , 027 CITY OF SHAKAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1994 10387 Novak Fleck 1333 Thistle Lane House 73,203 L 5 B 3, Meadows 8th 10388 Robert Root 644 Londonderry Cove Remodel 4,924 10389 Leroy Signs 738 East 1st Avenue Sign 300 10390 Northfield Construction 428 So. Holmes Street Remodel 250,000 10391 Greystone Construction 1206 Fast 1st Avenue Remodel/Addn. 230,000 10392 Novak Fleck 1428 Thistle Lane House 83,377 L 2 B 1, Meadows 9th 10393 Deutsch Construction 1264 Pioneer Lane Fireplace 2,000 10394 Detail Home Bldrs. 2128 Granite Drive House 87,168 L 11 B 3, Heritage Place 3rd 10395 Rich Logeais 1445 Sage Lane House 79,400 L 2 B 6, Meadows 9th 10396 Rich Logeais 1468 Thistle Lane House 76,142 L 4 B 1, Meadows 9th 10397 Pat Dziuk 1177 Polk Street Remodel 8,755 10398 Klingelhutz Const. 502 East 4th Avenue Demo 1,000 10399 G. F. Juergen 1964-68-72-76 Vierling Dr.E. Townhomes 332,404 L 1-4 B 6, Dal les Townhome Addn. 10400 Monnens Custom Bldrs. 1194 Pioneer Court House 180,000 L 9 B 2, Prairie Estates 3rd 10401 D. H. Nygren Const. 491 Marschall Road Remodel 10,000 10402 Midwest Fireplace 1256 Pioneer Lane Fireplace 1,000 10403 Dahl Carpentry 2779 Jade Circle Fireplace 4,500 10404 T. J. Olson Const. Shakopee Town Square Remodel 7,500 10405 Warren Reed 618 West 7th Avenue House 75,000 L 7 B 94, O.S.P. 10406 Meadow Wood Builders 978 So. Main Street Garage 8,000 10407 Ernst House Movers 618 West 7th Avenue House/Garage Move 10408 Certain`I'eed 3303 East 4th Avenue Remodel 8,000 10409 Laurent Builders 1168 Polk StreetHouse 80,000 Valley7th L 4 B 1, Minnesota Total: $1,602,673 _ g SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES JANUARY 19, 1994 , Members in Attendance: Barry Stock, Jim Parsons, John Heald, Ken Anderson, Jon Albinson, Kay Louis, John Breitbach, Randy Kruger, Janice Badmoccasin, Stewart McMullan. Others Present: None. The 29th meeting of the SCEDC was called to order at 8: 00 a.m. on January 19, 1994 at the Jordan Government Center. I . Approve Minutes of the November 17 , 1993 SCEDC Meeting MOTION BY KRUGER, SECOND BY ALBINSON, TO APPROVE THE NOV. 17 , 1993 MEETING MINUTES AS SENT; PASSED UNANIMOUSLY. II . Treasurer's Report Mr. Breitbach reported $1, 946 . 76 in the checking account. III . Up-date on SBA Activity Mr. Anderson reported that SBA has approved a $211,500 loan via the 504 Program for a light industrial project in the Prior Lake industrial park, through Prior Lake State Bank. Other loans being processed include a project in Belle Plaine and a second one in Prior Lake. IV. State Economic Development Activities Mr. McMullan reported that there is no Star City re- certification required this year. Norwood/Young America is on probation for a year. DTED has all new staff now in the Star City office. V. Development Activity in Scott County Savage A utility trunk extension down Hwy. 13 is planned; it will serve commercial development on Co. Rd. 42 . Savage is doing a fen management plan as part of an area environmental review on the Boiling Springs and Eagle Creek areas. Prior Phase II of the Sienna housing project south of the Lake high school will open in June; it will add 40 lots to the 60 existing lots. 1 Mdewakaton Janice Badmoccasin, assistant to the Tribal Community Administrator, presented sketch plans for a 78-stall R.V. campground, 14, 700 s.f. strip mall, and a 135, 000 s. f. recreation center, all to be completed in 1994 . Membership to the recreation center would be open to the public/residents of Shakopee/Prior Lake. Shakopee An anonymous private party may buy Murphy's Landing from the City. Two plats are under review. A 6, 000 s. f. , $300, 000 expansion is underway in at Valley Green. Jordan S.M. Hentges is building a 13, 000 s.f. office/shop in the Jordan Industrial Park. VI . Economic Development Day Possible speakers: Irwin Jacobs, Gov. Carlson? To be held Friday, May 20 . There will be a committee meeting before the next board meeting. VII. Election of Officers MOTION MADE BY ALBINSON, SECONDED BY HEALD, TO APPROVE THE FOLLOWING NOMINATIONS FOR 1994 OFFICERS CARRIED UNANIMOUSLY: PRESIDENT BARRY STOCK VICE-PRESIDENT : RANDY KRUGER TREASURER JOHN BREITBACH SECRETARY JIM PARSONS SBA LIAISON : KEN ANDERSON VIII. Other Business Kay Louis distributed information on Project Outreach, on development in Savage, and on the Jordan brewery renovation project. Colleen Winter is on the Business Retention committee. Dakota Co AVTI is interested in doing the labor survey in autumn of 1994 . Coalition costs would include postage. Each community would pay for the postage in its own area. Randy Cantrell at Extension and Hennepin Co. AVTI are other resources. IX. Next Meeting The next meeting will be Wednesday, Feb. 16, 8:00 a.m. at the Valley Green Business Park office in Shakopee. X. Adjournment The meeting adjourned at 9: 15 a.m. 2 A:\SCEDCMIN 9 G.C. BENTLEY ASSOC. INC. 7525 Mitchell Rd., Ste. 216 Eden Prairie, MN 55344 (612) 937-3502 February 24, 1994 MEMO TO: Opt-Out Administrators FROM: George Bentley ,e66 SUBJECT: Legislative Update Attached is a Legislative Update intended for broad distribution to board members, commission members, city council members, legislators, and anyone else you would like to send it to. I will send several of these updates to you during the course of the legislative session to assist in keeping your key people and other interested parties appraised of what is going on at the Legislature. Please call me if you have any questions. GOVERNMENT AFFAIRS • LEGISLATIVE AFFAIRS • CONSULTING February 24, 1994 L13UI SLAT TATE UPDIATS FOR OPT-OUT TRANSIT By George Bentley The 1994 session of the Minnesota Legislature is underway, and it promises to be fast-moving. It also has the potential to be a difficult session for transit interests. OPT-OUT LEGISLATION A bill has been introduced by opt-out interests to improve access to regional bonding authority, allowing continued use of transit bond proceeds for private vehicle capital costs. Rep. Becky Kelso (DFL-Shakopee) is the chief author in the House (H.F. 1917), and Sen. Bill Belanger (IR-Bloomington) is the author in the Senate (S.F. 1736). All transit services provided by opt-out transit systems are provided via contract with transit providers, either with the MTC or with private providers. As part of the cost of providing that contracted service, these transit providers charge the cost of the vehicles they use to operate the opt- out service as part of their total contract cost. This cost is known as "vehicle capital," and becomes public vehicle capital when it is charged by the MTC and private vehicle capital when charged by a private operator. Historically, opt-out systems used operations dollars to pay for this vehicle capital, even though each opt-out city also pays a debt levy to the region to retire transit bonds, many of which have been sold to buy the MTC fleet. In essence, opt-out transit was paying for the cost of vehicle capital twice. In 1992 the Regional Transit Board (RTB) passed an opt-out capital policy which was designed to remove the cost of vehicle capital from operating costs, and transferred those costs to regional capital bonding. Simultaneously, the Legislature passed a regional transit bonding bill which included $6.5 million for opt-out vehicles. Beginning in January, 1993, MTC vehicle capital was no longer charged to opt-out systems, and the cost of private vehicle capital was paid by regional transit bonds. In 1994 this policy will save opt-out systems $1.87 million in operating funds, dollars that can now go to improving transit services. Legislative Update - Page 2 However, in the summer of 1993 the RTB, which had been funding this vehicle capital policy with proceeds from previous bond sales, was unable to get a favorable bond counsel opinion on the sale of bonds under the 1992 authority due to overly restrictive language in the bond authorization statute. The language allows for the purchase of vehicles by opt-out systems, but through omission, will not allow for the sale of these bonds to reimburse private providers as part of their contract payments from opt-out systems. H.F. 1917 and S.F. 1736 are designed to correct this omission. This opt-out bill is designed to add language to the 1992 regional transit bonding statute which will allow future bond counsel to issue a favorable opinion on the sale of bonds for private vehicle capital reimbursement. We are currently requesting hearings on this bill from the appropriate House and Senate committees, and it is too early in the process to predict the bill's chances in this session. TRANSIT GOVERNANCE One of the hottest items in this year's session is the fate of metropolitan governance, and how that governance will impact on transit. The State Council on Metropolitan Governance, a legislatively mandated body that has been meeting since the 1993 session, has approved moving forward with a bill to dramatically change metro governance. This bill calls for an elected Metropolitan Council, with elections in 1994, and the abolishment of the RTB, the MTC and the Metropolitan Waste Control Commission, rolling these bodies into the Met Council effective June 1, 1994. Transit would become part of a new transportation division at the Met Council with no independent focus. The total bill, including about 200 pages of correcting language to allow for this change, has not yet been assembled, so it is not clear what impact this may have on opt-out transit. What is clear is that the abolishment of the RTB will leave an enormous void in transit planning and policy making in the metro area, and could easily result in policies promulgated by the Met Council which are decidedly unfavorable to suburban transit interests. The metro counties and the AMM will be opposing this bill, because it turns the Met Council from a planning agency to an implementation agency, and gives it potentially too much power in the region. The Governor has indicated in the past, through intermediaries, that he would not support a bill which includes an elected Met Council, but as of yet there is no direct verification of this. Opt-out transit supports an autonomous regional transit agency, comprised of a citizen policy board, to oversee regional transit operations, to provide transit planning, and to set transit policy. We are closely following this and possible other efforts to alter the nature of metropolitan and transit governance. Legislative Update - Page 3 TRANSIT FUNDING Supplemental funding requests are being submitted by the RTB and by MnDOT for metro and Greater Minnesota transit to provide additional transit funding for FY 1995, which begins July 1, 1994. Most of these supplemental requests are necessary because the 1993 Legislature intentionally underfunded transit for the second year of the biennium to keep the broader issue of increased transportation and transit funding on the front burner. The RTB is requesting $11.35 million for maintenance of existing services and $5.6 million for first year Vision for Transit services. MnDOT, which funds transit in Greater Minnesota, is requesting $3.6 million in increased funding for capital expenses and new system start-ups in counties where there are no existing transit services. This MnDOT request could be reduced by $1.5 million if the Legislature agrees to allow the use of $1.5 million which was unspent from the previous year by outstate transit. The MTC would like an additional $3.9 million for service quality improvements, but it is not known if they intend to pursue this funding this year independently. Minneapolis would like $1 million this year to fund the start of the Nicollet Mall shuttle, a new service concept that would replace regular buses in downtown with a special shuttle bus connecting to transit hubs on the north and south ends of downtown. Ultimately, this service would cost $3.9 million per year, and the RTB is not pursuing this request at this time. High Speed Bus is finalizing its legislation and will be submitting a bill soon. I will discuss this proposal in more detail in the next Legislative Urate. The service concepts of High Speed Bus impact much of the opt-out areas, and this will be a closely watched piece of legislation by many people. Light Rail Transit (LRT) is seeking $10 million to proceed with engineering work on the central corridor between downtown Minneapolis and St. Paul. A bill has been introduced by Rep. Bernie Lieder (DFL-Crookston) and Rep. Tom Ostoff (DFL-St. Paul) to provide LRT engineering funding. It is estimated that the state share of LRT construction costs, if such costs are covered by bonding, will be $20 million per year. Another bill introduced by Rep. Bernie Lieder would require vehicles sold in Minnesota after the year 2000 to be equipped with an automatic mileage recorder which could be easily read when fueling. The bill also calls for a study of an alternative funding mechanism for transportation, possibly including transit, based upon mileage driven rather than on the number of gallons of gasoline used. The current gas tax is not growing adequately to meet state transportation needs, so this measure is being explored to replace the gas tax. Its future is uncertain, although it has gained support from several highway interests. Legislative Update - Page 4 The bill proposed by Sen. Keith Langseth (DFL-Glyndon) during last year's session, which would raise the gas tax by five cents and the motor vehicle excise tax by 1/2 percent, granting increased funding to both highways and transit, is still alive. It was tabled in the Senate, awaiting necessary first action in the House, and can still be considered this year. However, it is quite clear that the Governor will veto any bill containing a tax increase this year, so it is unlikely this bill will go anywhere this session. OTHER LEGISLATION Some other legislation of interest to opt-out transit areas includes a bill introduced by Rep. Connie Morrison (IR-Burnsville) which would allow access to the I-394 car pool parking garages in downtown Minneapolis by car poolers who travel on highways other than I-394 (including I-35W). This bill is N.F. 1853. Another bill, proposed by Rep. Peggy Leppik (IR-Golden Valley), would allow for the use of the paved shoulder on I-394 as an additional traffic lane to reduce peak hour congestion on that highway. This bill is H.F. 1803. I will be closely monitoring these and other bills as the legislative session progresses, and will keep everyone appraised of their status. If anyone has specific questions or comments regarding legislation please call me at 937- 3502 (office) or 949-2681 (home). Thank you. ID OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION SHAKOPEE, MINNESOTA February 16, 1994 The meeting was called to order at 5 :30 p.m. with the following members present : Miller, Albinson, Unseth, Brandmire, Phillips, and Morke . Commissioner VanHorn was absent . Barry Stock, Assistant City Administrator, Paul Bilotta, Senior Planner and Lindberg Ekola, City Planner were also present . Miller/Morke moved to approve the minutes of the December 14, 1993 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief economic development update noting the residential development projects that are currently being considered by Planning Commission and City Council . Discussion then ensued on the redevelopment status for Blocks 3 & 4 . Mr. Stock summarized the activities of the Commission over the past two years . He noted that he would like the Commission to discuss this item in detail and make a recommendation to the Shakopee Housing and Redevelopment Authority. Mr. Stock noted that he has met with at least two developers regarding potential interest in completing a project on Blocks 3 & 4 should the City acquire and demolish the existing structures. Both developers have expressed interest in the project . Mr. Stock shared with the committee a letter from one of the developers expressing interest in constructing elderly housing in or near downtown Shakopee and the revitalization of Blocks 3 & 4 . Commissioner Phillips questioned the financial ability of the developer. Mr. Stock stated that he has not investigated the financial capability of the developer. He stated that in his opinion there were other developers who would likely be interested in a project on Blocks 3 & 4 if the City were to provide development incentives . Mr. Stock suggested that if the City did in fact move ahead with acquisition and demolition that select developers with proven track records could be invited to express their interest regarding redevelopment options for Blocks 3 & 4 . Commissioner Brandmire stated that he felt the commission' s recommendation should include the investigating of the preservation and relocation of buildings presently located on Blocks 3 & 4 to other locations in the downtown area if at all possible . Mr. Miller questioned whether or not the developer that Mr. Stock had spoken to was interested in serving as a blind buyer on behalf of the City. Mr. Stock responded in the affirmative . Mr. Morke stated that he had a problem with utilizing a blind buyer on behalf of the City to acquire property. He stated that with the amount of distrust for government that in his opinion this was not a wise way to proceed. Discussion ensued. It was the consensus of the Commission that the blind buyer route should not be pursued. Mr. Phillips stated that the fact that a developer has expressed interest should not be the major focus behind a recommendation to acquire and demolish Blocks 3 & 4 . He stated that he believes Official Proceedings of the February 16, 1994 Community Development Commission Page -2- Block 3 & 4 serve as a major entry point into the community and that the community' s image will be significantly improved if Blocks 3 & 4 are demolished. He felt that even if a developer was not found that it still would be a positive move for the community. Mr. Bilotta stated that one of the other issues that should be considered by the Commission is the threat of private development of the parcels . He stated that while the likelihood is slim, there is a possibility that a private developer could pursue on their own initiative the development of Blocks 3 & 4 . If this were the case there is also potential that the City would not have as great of control in terms of development of the property. A private developer could select to demolish all property and give no consideration to preservation. Discussion ensued on possible funding for the acquisition/demolition concept . Mr. Stock stated that there are a number of projects vying for the tax increment trust fund dollars . These projects include the Chaska Interceptor ($4 million) , future community center ($3 . 5 million) and Downtown Phase II ($500, 000) . All of these projects in addition to the Block 3 & 4 acquisition/demolition concept are eligible projects to be funded through the tax increment trust fund. The HRA could select to fund the acquisition and demolition from the TIF trust fund balance outright . If this scenario were pursued a tax increment district would be created prior to demolition. Future tax increments derived from a future project on Blocks 3 & 4 could then be placed into the tax increment trust fund. The second scenario for the HRA to consider would be to obtain a developer to complete a project on Blocks 3 & 4 . A tax increment district could then be created and a pay as you go project could be implemented. It is basically a combination of the two aforementioned scenarios. The City could obtain a developer, create a tax increment district, sell bonds to cover the cost of acquisition and demolition and subsequently utilize the increment from the project to pay off the bonds . Discussion ensued. Miller/Unseth moved to recommend to City Council and HRA that the appropriate City officials be authorized to take the necessary steps to secure the acquisition of Blocks 3 & 4 in the downtown area with strong consideration given to the relocation and placement of buildings presently located on Blocks 3 & 4 onto other vacant parcels in the downtown area. Motion carried unanimously. Discussion ensued on the Community Development Commission' s 1994 Work Plan. Mr. Ekola shared with the Commission the Planning Commission' s work plan. He noted that there are a variety of studies that will be completed by the new planner. He also noted several studies that will need to be completed by consultants . Discussion ensued on the County Road 17 corridor and First Avenue corridor studies . Mr. Ekola noted that both of these studies will be completed by City Hall staff . Discussion ensued on a planning update to the Downtown Revitalization Study. Mr. Ekola suggested that perhaps this study could be tied to the River Front Study. It Official Proceedings of the February 16, 1994 Community Development Commission Page -3- was consensus of the Committee that both the downtown revitalization and riverfront redevelopment (Huber Park) go hand in hand and could best be completed in comprehensive study by an outside consultant . Discussion then ensued on the East Dean' s Lake Study. Mr. Ekola explained that this study was closer related to the East - West planning strategy that had been discussed by the CDC, Planning Commission and Committee of the Whole in a joint meeting earlier this year. It was the consensus of the committee members that this was a major issue and that additional joint sessions between the Planning Commission and Committee of the Whole should be established to discuss the appropriate planning strategy to implement in the area in question. Mr. Albinson stated that he would like the Commission to once again discuss the merits of hiring a full time Economic Development Specialist or Community Development Director. It was the consensus of the Committee to include this item in the one year work plan. Mr. Stock noted that the Energy and Transportation Committee was created in 1991 when the City of Shakopee selected to consider opting-out of the MTC. The Energy and Transportation Committee has implemented a number of policies and procedures related to the transportation programs now in place. The program has been running relatively well since it' s implementation in 1985 . At the present time, the membership on the Energy and Transportation Committee has fallen below five members . Mr. Stock suggested the possibility of having the duties and responsibilities of the Energy and Transportation Committee transferred to the Community Development Commission. Mr. Morke stated that he felt that transit and transportation issues are closely related to successful community development . He stated that he felt it would be beneficial to transfer said duties to the Community Development Commission. Mr. Stock stated that at the present time the Energy and Transportation Committee meets every other month. Mr. Stock noted that he did expect activity related to transit in Shakopee to increase with the recent RTB action that will allow Southwest Metro Transit to acquire their own vehicles. Mr. Stock stated that he felt this would significantly reduce the cost of fixed route service to Minneapolis and that the City of Shakopee could possibly interface with the Southwest Metro Transit Service . It was the consensus of the Commission that if City Council so desires that the Energy and Transportation Committee' s duties and responsibilities could be absorbed by the Community Development Commission. Mr. Albinson suggested that staff amend the One Year Work Plan incorporating the items discussed this evening. The plan could then be placed on the CDC' s next agenda for further modification and subsequent approval . Miller/Phillips moved to adjourn the meeting at 7 : 15 p.m. Motion carried unanimously. Barry Stock, Recording Secretary • I/ MINUTES OF THE SHAKOPEE PUBLIC ACCESS CORPORATION Regular Session Shakopee, MN January 24, 1994 Chairman Bastyr called the meeting to order at 6 : 11 p.m. with the following members present : Ziegler, Bastyr, Anderson and Moonen. Commissioners Scannell and Harrison were absent . Barry Stock, Assistant City Administrator and Paul Ryan, Studio Manager were also present . Moonen/Rein moved to approve the minutes of the November 1, 1993 meeting as kept . Motion carried unanimously. Discussion ensued on the Treasurer' s Report and proposed 1994 Budget . Commissioner Ziegler stated that the Access Corporation received $32, 658 . 99 from the City of Shakopee for public access studio operations in 1993 . In the proposed 1994 preliminary budget, $17, 000 has been earmarked for capital equipment . The year end 1993 Access Corporation fund balance consisted of $16, 735 .44 . Discussion ensued on equipment needs to be pursued in 1994 . Discussion ensued on the need for a second editing station and a video toaster. Commissioner Anderson stated that the second editing station should be identical to the first . Discussion then began to focus on goals and objectives for 1994 . Commissioner Moonen suggested that perhaps automatic play ack equipment should be acquired to reduce the need for play back personnel . Mr. Moonen also stated that he felt it was important for the Commission to focus on getting more users into the studio. He commented that the grant program was a great idea but that we needed to figure out how we were going to get the information out to the people and how we were going to get them into the studio. Mr. Moonen suggested that perhaps an intern could be hired by the Corporation to reach out to community groups and present programming possibilities . He felt that a part-time intern should be dedicated to assist community groups with programming. Mr. Anderson suggested that perhaps the Hennepin County Vo-Tech might have someone interested in this position. Mr. Ryan also stated that Brown Institute might have persons who would see this internship as a means to obtain projection experience . It was the consensus of the members that greater emphasis should be given to hiring a person to assist in marketing the grant program and develop greater programming opportunities . Mr. Anderson stated that he would cont t Hennepin stated County that he Vo-Tech would d regarding contact rBrown possibilities . Institute . Ziegler/Moonen moved to adjourn the meeting at 7 :15 p.m. Motion carried unanimously. Barry Stock Recording Secretary • /). OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMISSION Regular Session Shakopee, MN January 24, 1994 Chairman Anderson called the meeting to order at 6 : 00 p.m. with the following members present : Ziegler, Bastyr, Anderson and Moonen. ock, Commissioners Scannell and andHarrison Paul Ryan,absent .Studio Managertwere Assistant City Administrator also present . Moonen/Bastyr moved to approve the minutes of the April 30, 1993 meeting as kept . Motion carried unanimously. Mr. Stock shared with theCommission early February.information regarding the Maxta Conference scheduled for Mr. Stock also shared withthe Commission several informational CC handouts regarding recent procedures. Bastyr/Moonen moved to adjourn the meeting at 6 :10 p.m. Motion carried unanimously. Barry Stock Recording Secretary l3 Monthly Project Report - Submitted by Barry Stock March 3 , 1994 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% 2 . AWAIR Program ? ? 0% 3 . Develop Perf. Eval. Program 9/1 3/15 90% 4 . Perform Employee 4/1 4/15 0% Evaluations 5 . City Hall Mtg. Room 9/1 ? 90% Policy 6. City Hall Union Contr. 10/15 4/1 50% 7 . Non-union 94 Pay Plan 12/1 3/8 80% 8 . Develop Pay for Perf. Program 4/1 6/1 0% 9 . City Hall Elevator 12/15 1/15 100% Maint. RFP' s 10. City of Shakopee Bldg. 11/1 12/15 100% Maint. RFP' s ii . Prepare for Rec. Fee Mtg. 3/1 4/8 10% 12 . Complete Dept. Reorganization Plan 3/1 4/1 25% 13 . City Newsletter 1/1 4/1 0% Development 14 . Sr. Planner Selection 1/1 2/1 100% 15. Housing Program 1/1 4/15 0% Development 16 . TIF Plan Amendments 12/15 3/1 5% 17 . Stan House Project 2/15 4/1 5% 18 . Downtown Blk 3 & 4 Development Strategy 1/1 4/1 5% CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR FEBRUARY, 1994 Respectfully Submitted David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I - Projects Under Construction 1. Minibypass 5/93 7/1/94 90% Mn/DOT Project 2. Valley Park 11th 7/93 7/1/94 90% Wear Course Asphalt Remaining 3. Upper Valley Drainage 9/93 7/29/94 70% See Narrative Section 4. 1993 Street Reconstruction 8/93 6/15/94 40% See Narrative Section 5. VIP Interceptor 10/93 Done 95% Testing Pipe Yet 6. Rahr Forcemain 10/93 Done 100% See Narrative Section Category II- Projects in Design 1. Rahr Service Line 7/93 Done 100% Will Bid in 1994. No Rahr Agreement Yet 2. Public Works Parking Lot 1/94 3/94 75% 3. Downtown Alleys 6/93 3/94 90% 4. Parking Lot(Pelham) 1/94 3/94 10% Will Bid With Downtown Alleys 5. Downtown Streetscape II 1/94 4/94 3% 6. Alley- Block 48 1/94 4/94 10% Will Bid With Downtown Alleys 7. Marschall Rd./10th Ave. Sidewalk 1/94 3/94 0% Waiting on Survey Work 8. Tahpah Parking Lot 10/93 2/94 90% 9. 11th Ave. Storm Laterals 3/94 4/94 20% Survey Work Ordered Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 4/94 50% Waiting on Watermain Input from SPUC 2. C.S.A.H. 18 Connection 11/93 6/94 0% 3. Vierling Drive, 12/93 3/94 100% Going to Council 3/8/94 C.R. 15 to Polk Street 4. Traffic Analysis to Mall 9/93 8/94 0% 5. C.R. 16 Utilities 2/94 5/94 10% 6. Viking Steel Road, Etal 3/94 5/94 0% Waiting for PUD Approval/EAW Category IV - Private Subdivision Construction 1. Beckrich Estates 1992 6/94 95% New Entrance off C.R. 78 Not Completed 2. Meadows 8th 5/93 6/94 85% Finish in 1994 3. Milwaukee Manor 6/93 9/94 90% Wear Course in 1994 4. Maple Trails 6/93 9/94 25% Finish in 1994 5. Dominion Hills 6/93 9/94 25% Finish in 1994 6. Stonebrooke 2nd Unknown Unknown 0% 7. Parkview 1st 7/93 8/94 85% Wear Course in 1994 8. Meadows 9th 10/93 9/94 80% Utilities Completed 9. Westridge Bay 2nd 10/93 9/94 25% Finish in 1994 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Special Projects 1. Maras Street 1990 ??? 90% City Attorney Working on Last 2 Easements 2. In-House Engineering Concept 4/94 7/94 0% Will Prepare with 1995 Budget 3. Prior Lake Outlet Channel 2/93 8/94 0% 4. Comprehensive Sanitary Sewer Plan 1992 4/94 95% Waiting on Final Chaska Interceptor Negotiations 5. Comprehensive Stormwater 2/93 4/94 90% Draft Plan Completed Management Plan Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 3. Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline drainageway has been rough graded and is about 60% completed. Storm sewer Segments 1, 3, 4 and 6 are about 90% completed. Segments 2 and 5 are not part of this contract, but under Mn/DOT contract. No change in status from the last report. 4. 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. 5. V.I.P. Interceptor Extension All pipe installation is completed. All pipe is currently undergoing leak detection testing and all but 2 segments have been approved. 6. Rahr Forcemain All pipe installation is completed. All pipe has undergone leak detection testing and the majority of the pipe has failed. It appears to be defective materials. The pipe supplier is proposing to seal all pipe at no cost to the City or Contractor and retest the pipe. 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 3 this as a change order. Based on these prices, staff is recommending that this project be bid out in 1994. Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities. Category 5 - Special Projects 1. Maras Street Easements All easements for the street have been obtained and recorded except two properties. The City Attorney is continuing to work towards obtaining the remaining easements. (No change in status) 2. Total In-House Engineering Concept During the 1994 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, for the 1995 budget discussion. 3. Improvements to the Prior Lake Outlet Channel Staff met with the PLSL Watershed District in February to discuss the schedule for completing this project and resolving all drainage issues. The Watershed District has not submitted any proposed improvements to this channel, but they have directed their consultant to prepare a study on this. It is anticipated that staff will be working with their consultant to resolve all issues and staff will be bringing this item back to Council. 4 4. 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. 5. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report has been submitted to staff for review. 5 l '3 Monthly Project Report - Submitted by Barry Stock March 3 , 1994 Project Start Complete Status Comments 1 . Clinic RFP's ? ? 0% 2 . AWAIR Program ? ? 0% 3 . Develop Perf. Eval. 90% Program 9/1 3/15 4 . Perform Employee 4/1 4/15 0% Evaluations 5 . City Hall Mtg. Room 9/1 ? 90% Policy 6 . City Hall Union Contr. 10/15 4/1 50% 8 80% 1i 7 . Non-union 94 Pay Plan 12/1 3/8 8 . Develop Pay for Perf. Program 4/1 6/1 0% 9 . City Hall Elevator 12/15 1/15 100% Maint. RFP's 10. City of Shakopee Bldg. 11/1 12/15 100% Maint. RFP' s 11. Prepare for Rec. Fee 3/1 4/8 10% Mtg. 12 . Complete Dept. Reorganization Plan 3/1 4/1 25% 13 . City Newsletter 1/1 4/1 0% Development 14 . Sr. Planner Selection 1/1 2/1 100% 15. Housing Program 1/1 4/15 0% Development 16. TIF Plan Amendments 12/15 3/1 5% 17 . Stan House Project 2/15 4/1 5% 18 . Downtown Blk 3 & 4 5% Development Strategy 1/1 4/1 Iy CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR FEBRUARY, 1994 Respectfully Submitted :d David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Minibypass 5/93 7/1/94 90% Mn/DOT Project 2. Valley Park 11th 7/93 7/1/94 90% Wear Course Asphalt Remaining 3. Upper Valley Drainage 9/93 7/29/94 70% See Narrative Section 4. 1993 Street Reconstruction 8/93 6/15/94 40% See Narrative Section 5. VIP Interceptor 10/93 Done 95% Testing Pipe Yet 6. Rahr Forcemain 10/93 Done 100% See Narrative Section Category II- Projects in Design 1. Rahr Service Line 7/93 Done 100% Will Bid in 1994. No Rahr Agreement Yet 2. Public Works Parking Lot 1/94 3/94 75% 3. Downtown Alleys 6/93 3/94 90% 4. Parking Lot(Pelham) 1/94 3/94 10% Will Bid With Downtown Alleys 5. Downtown Streetscape II 1/94 4/94 3% 6. Alley- Block 48 1/94 4/94 10% Will Bid With Downtown Alleys 7. Marschall Rd./10th Ave. Sidewalk 1/94 3/94 0% Waiting on Survey Work 8. Tahpah Parking Lot 10/93 2/94 90% 9. 11th Ave. Storm Laterals 3/94 4/94 20% Survey Work Ordered Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 4/94 50% Waiting on Watermain Input from SPUC 2. C.S.A.H. 18 Connection 11/93 6/94 0% 3. Vierling Drive, 12/93 3/94 100% Going to Council 3/8/94 C.R. 15 to Polk Street 4. Traffic Analysis to Mall 9/93 8/94 0% 5. C.R. 16 Utilities 2/94 5/94 10% 6. Viking Steel Road, Etal 3/94 5/94 0% Waiting for PUD Approval/EAW Category IV - Private Subdivision Construction 1. Beckrich Estates 1992 6/94 95% New Entrance off C.R. 78 Not Completed 2. Meadows 8th 5/93 6/94 85% Finish in 1994 3. Milwaukee Manor 6/93 9/94 90% Wear Course in 1994 4. Maple Trails 6/93 9/94 25% Finish in 1994 5. Dominion Hills 6/93 9/94 25% Finish in 1994 6. Stonebrooke 2nd Unknown Unknown 0% 7. Parkview 1st 7/93 8/94 85% Wear Course in 1994 8. Meadows 9th 10/93 9/94 80% Utilities Completed 9. Westridge Bay 2nd 10/93 9/94 25% Finish in 1994 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Special Projects 1. Maras Street 1990 ??? 90% City Attorney Working on Last 2 Easements 2. In-House Engineering Concept 4/94 7/94 0% Will Prepare with 1995 Budget 3. Prior Lake Outlet Channel 2/93 8/94 0% Comprehensive Sanitary Sewer Plan 1992 4/94 95% Waiting on FinalnaChaska Interce5. Comprehensive Stormwater 2/93 4/94 90% Draft Plan Completed Management Plan .ease refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category I - Projects Under Construction 3. Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline drainageway has been rough graded and is about 60% completed. Storm sewer Segments 1, 3, 4 and 6 are about 90% completed. Segments 2 and 5 are not part of this contract, but under Mn/DOT contract. No change in status from the last report. 4. 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. 5. V.LP. Interceptor Extension All pipe installation is completed. All pipe is currently undergoing leak detection testing and all but 2 segments have been approved. 6. Rahr Forcemain All pipe installation is completed. All pipe has undergone leak detection testing and the majority of the pipe has failed. It appears to be defective materials. The pipe supplier is proposing to seal all pipe at no cost to the City or Contractor and retest the pipe. 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 3 this as a change order. Based on these prices, staff is recommending that this project be bid out in 1994. Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities. Category 5 - Special Projects 1. Maras Street Easements All easements for the street have been obtained and recorded except two properties. The City Attorney is continuing to work towards obtaining the remaining easements. (No change in status) 2. Total In-House Engineering Concept During the 1994 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, for the 1995 budget discussion. 3. Improvements to the Prior Lake Outlet Channel Staff met with the PLSL Watershed District in February to discuss the schedule for completing this project and resolving all drainage issues. The Watershed District has not submitted any proposed improvements to this channel, but they have directed their consultant to prepare a study on this. It is anticipated that staff will be working with their consultant to resolve all issues and staff will be bringing this item back to Council. 4 4. 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. 5. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report has been submitted to staff for review. 5 lS MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Mining Setbacks to Residential Structures Bev Koehnen Request DATE: March 2, 1994 NON-AGENDA INFORMA TION ITEM: Attached is a letter prepared by staff that was sent to Ms. Koehnen. The letter addresses her concerns regarding the 500 foot setback for mining operations. If members of the City Council have any questions, please contact me at 445-3650. Thank you. Pikik SHAKOPEE March 2, 1994 Bev Koehnen 2036 County Road 83 Shakopee, Minnesota 55379 Dear Ms. Koehnen, Per your request from the March 1 Committee of the Whole meeting, staff has researched the 500 foot setback issue regarding the gravel mine located west of County Road 83. Enclosed with this letter are three items with respect to this topic: 1. Section 11.05, Subd. 7 (6. Setbacks) 2. Conditional Use Permit Resolution No. 376 (Condition No. 16.) 3. Map B Gravel Extraction Plan (500 foot processing setback) To clarify the issue, Section 11.05 of the currently adopted Zoning Ordinance, states that the processing of minerals shall not be conducted closer than 500 feet to any residential structure. As stated in Condition 16 of Conditional Use Permit Resolution No. 376, the applicant can operate the mine as provided for on Map B, The Gravel Extraction Plan. The attached Map B shows a 500 foot setback radius for processing operations. No processing has occurred within 500 feet of residential structures, including the Rutt property and the Fitch properties. I hope this information answers your questions. If you have any further questions please contact Planning staff at 445-3650. Thank you. Sincerely, lkic,;, &e- .11,_ 1/6-4-tti Lindberg S Ekola City Planner cc: City Council John Voss enclosures Co`it1u DTII'PRIDE SINCE 1837 :• § 11 .05 Setbac Processing of minerals shall not be conducted closer than 100 feet to the property line or closer than 500 feet to any residential or commercial structures located prior to commencement of processing operations without the written consent of all owners and residents of said structures. Mining operations shall not be conducted closer than 30 feet to the boundary of any zone where such operations are not permitted, nor shall such production or processing be conducted closer than 30 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of such adjoining property is first secured in writing. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road or highway, except that excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway. 7. Appearance. All buildings, structures and plants used for the production of processing of sand and gravel shall be maintained in such a manner as is practicable and according to acceptable industrial practice as to assure that such buildings, structures and plants will not become dangerously dilapidated. 8. Hours of Operation. All mining operations shall be conducted between the hours of 7:00 AM. and 7:00 P.M. Any operations not conducted between the hours of 7:00 A.M. and 7:00 P.M. shall require a conditional use permit. Such permits shall -be granted for public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made. 9. Dust and Dirt. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, dust conditions which are injurious or substantially annoying to persons living within 600 feet of the mining operations lot line. All access roads from mining operations to public highways, roads or streets or to adjoining property shall be paved or surfaced with gravel to minimize dust conditions. The above limitations shall not apply to any mining operation in any industrial zone, unless such operations are closer than 150 yards to another zone other than an industrial zone. D. Land Rehabilitation. All mining sites shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be complete within one (1) year. The following standards shall apply: 1. Within a period of three (3) months after the termination of a mining operation, or within three(3) months after abandonment of such operation for a period of six months, or within three (3) months after expiration of a mining permit, ail buildings, structures and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the mining operator last operating such buildings, structures and plants. A conditional use permit may be granted for those buildings, structures, machinery and plants required to process previously mined materials 393 e: 1131 EXHIBIT I'T A CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. 376 WHEREAS, Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6, as follows: to approve the app for mineral extraction and land rehabilitation in the Agriculture zoned area; and WHEREAS, the property upon which the request is being made is described asW the SE 2 fW 1/4 of 1/4fSection 16 / of Section onCounty 7NE 1/4 of NW R ad 1/4 of Section 16, / 83 ; and WHEREAS, the City Council did on August 20, 1985 adopt Resolution #2427 denying the Conditional Use Permit, which denial was appealed; and WHEREAS, the Minnesota Court of Appeals has ordered the City of Shakopee-to issue the Conditional Use Permit with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional Use Permit be and is hereby granted subject to the following conditions: it be 1. The Conditional tolt beand renewed Mining everyrthree years.annually. Both permits 2 . Conditional Use Permit approval Minerale contingent upon City Extraction and Land Council approval of th Rehabilitation Permit. 3 . Security fencing shall be used on the main access roads the mining and equipment area,to control vehicular access to 4 . The applicant shall obtain a County Road Entrance Permit from the Scott County Highway Engineer. 5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the use of County Road 83 to Hwy 101and CR 4s from routed through the urban portion of the operationing shall bethe City of Shakopee. 6. Eight phaseen . berms shall be must be built fully aroundthe to perimeter prevent of eachh pp erosion. 7 . The mining operation shall maintain the following minimum setbacks:. 100 feet from any residential or commercial propertyline; 500 feet from any residential or commercial structure; 30 feet from any road right-of-way. 8 . All portable buildings must be approved by the Building Official. 9 . The hours of operationshallbe limited to 8: 00 A.M. to 5: 00 P.M. , Monday thru Friday. 10. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse affects of dust on neighboring properties. 11. Noise emissions shall not exceed the noise limits as noted in Section 10. 60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCA Standards. 12 . There shall be no on-site storage of fuel and no use or storage of explosives. 13 . No exterior lighting shall be used at the operation site. 14 . Stockpiles of gravel shall not exceed 25 feet in height. 15. The applicant shall be responsible for reimbursing the City for all costs incurred in reviewing the permit through the life of the operation. 16. The Gravel Extraction Plan (Map B) and the End Use Plan (Map C) as submitted by the applicant, shall be Counc adhered d to, without modifications, unless approvedby City 17 . The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation n shall be comprised of 1) the submitted maps A, B, C; 2) conditions of approved background as contained in the mo prepared by Meriaand Associates, Inc. ; dated April 30, 1985. 18 . An Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota's adopted Environmental Review Program. No action shall commence on the subject property until a Negative Declaration has been filed and the required 30 day review and comment period has elapsed. If the EAW substantiates the need for an Environmental Impact S l saido action document shall commence on the subject property unti has been prepared and any and all modifications have en made in the proposed operation, to mitigate potential adverse environmental impacts. 19 . The City's approval of the permits C.U.P. and Mining) is made in reliance upon the applicant's representations regarding the life of the operation (17 years) . Any factors, or future developments which significantly viewed bdelay the completion of the mining operation, may City as sufficient grounds to deny the three year renewal of the permit. 20. The Conditional Use and Mining Peer itsfmaf yhbehe reviewyedceiior or to the scheduled annual rev complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or a the City Council's own initiation, the City shall schedule a public hearing, in accordance with !� the proper procedures for notice and publication. If the City Council finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit. IT FURTHER RESOLVED, that pursuant to Shakopee City Code, BE roved Conditional Use Permit is Sec. -11.04, Subd. 6C-12 , if an approved no utilized within one year from date herein approved or by 4W 5 , 19 f t ` it shall become null and void. Adopted in .n/•111JA.A session of the City Council of ' the City o ; Shakopee, c iinnesota held this S 4L day of (tett , 19 &'R . 2-27• c=&1‘e-"' Mayor of the City of Shakopee ATTEST: •n Cit Clerk Appl99ed as to form this day ofiu./ , 1988 . • City At orney -...:.:--,• ':": ..--'-z.:':- ... --- .1.- '-iii ii•---- 1=SU ----7*----' ' . `11..i i;.1 i ii t!-•IC. i (:'.., I ! iJ)'4' —-- i 1 —.. ,,, �" a / / 10• •:I_II 1 , I.! o 'I i!i i's tt ¢ .1 A . ) 1::: r ..\K.. ..../ ••-••••••• 1 & ",\•->>:..' 111 4. ) - [--1 Iii i i! 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I' 1 1 iI i •i ttr;•.:,1t lill pi g 1 • _ II•Id1..410 : :• it:• ••: 1 ' HOLMES & GRAVEN I to CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 CNG LO ROBERT A.ALSOP (612)337-9300 LACROBERTRA K.MONG RONALD H.BATTY BARBARA L LLET ORTWOOD STEPHEN J.BUBO, Facsimile(612)337-9310 JAMES M.STROMMEN JOHN B.DEAN JAMES J.THOMSON.JR. STE A I DOBBINS LARRY M.WERTHEIM CORRINE N N.GALEY BONNIE L.WILKINS CORR .A.HOLMES GARY P.WINTER JAMES S. WRITER'S DIRECT DIAL DAVID L.GRAVEN(1929 t99t) DAVID J.KENNEDY 337-9233 — JOHN R.CARSON EL WELLINGTON H.LAW ROBERT C.C OF COUNSELSON CHARLES L.LEFEVERE ROBERT C.CARL SON JOHN M.LEFEVRE.JR. T.JAY SALMEN ROBERT J.LINDALL MEMORANDUM To: City Managers/Administrators From: Suburban Rate Authority Date: March 2 , 1994 Re: SRA Activities; Assessments Enclosed is the first half assessment for the Suburban Rate Authority, 1994 budget. Enclosed also is a short summary of the very active year of 1993 for the SRA. Please share this Annual Review with your mayor and city council. The SRA also notes that, despite its heavy involvement in utility issues, it has not raised its assessment cost per member for four years . Please call James M. Strommen at 337-9233 if you have any questions concerning the assessment or the Annual Review. JMS66388 SU160-3 1 /t SUBURBAN RATE AUTHORITY ANNUAL REVIEW 1993 The following is a brief summary intended for the city councils of Suburban Rate Authority("SRA")member cities. It highlights the major activities and achievements of the SRA during 1993. The SRA is a joint powers association of 33 Twin Cities suburban municipalities that monitors rates and rate design of electric, gas, telephone utilities and the MWCC. The SRA was actively involved in several significant issues con- cerning residential and business ratepayers in 1993. US West Uniform Rates Implemented 1993 began with the complete elimination of US West tier system of telephone rates. This major change in rate design equalized all flat rate service residential and business telephone rates throughout the Twin Cities metropolitan calling area served by US West for the first time since the tiered rate system was introduced in 1980. In late 1992,the SRA persuaded the Public Utilities Commission("PUC")that tiered rates were unfair because they had no basis in cost or policy. The new uniform rates were implemented just prior to the start of 1993. The collective savings in rates to nearly every US West suburban residential and business ratepayer already totals in the millions of dollars and will increase with each passing year of the uniform rate system. Minnegasco and NSP 1992-93 Rate Filings During 1993, the SRA dedicated significant resources to one of the major utility ratepayer issues to be decided in recent years, common to Minnegasco, NSP, and all other utilities--the recovery from ratepayers of a large unrecognized "transition obligation" caused by the change from cash basis to accrual accounting for post-retirement medical benefits(FAS 106). The SRA joined the Minnesota Department of Public Service and the Attorney General's office in seeking a disallowance of all or a portion of the transition obligation. In a significant (and temporary) victory, the PUC disallowed 50% of the transition obligation. This would have been $12 million to be borne by Minnegasco shareholders rather than ratepayers and $80 million to be borne by NSP shareholders. Persuaded by the collective position of the utilities and unions,the PUC reversed its decision on reconsideration and allowed the full transition obligation to be recovered from ratepayers. If the PUC had not reversed its decision, all regulated utte ilities stakein s involved inta ly would have been rate cases before the PUC. to the 50% disallowance. These case Telecommunications Legislation In the fall of 1993, the SRA was invited to participate in a process of discussion and drafting of legislation regarding alternative forms of telephone regulation and competition in telephone services. All major telecom- munications industry groups were represented on the study group. The SRA monitored the process with an interest in protecting its gains in telecommunications rate design and obtaining an understanding of the policies underlying any new legislation. The process has continued into 1994 and the legislation likely to be introduced at this session will be supported by US West. The differing perspectives of the various groups was too great to result in consensus legislation. It is unclear at this time whether the legislation will be passed. JMS64629 SU160-3 MAR- 3-94 THU 9:20 BOULAY HEUTMAKER ZIBELL FAX NO. 6128357296 P.02/02 17 f '. , gor ti =: Savage Yr AVA\'zt Chamber of Commerce . BOX 71 • SAVAGE, MINNESOTA 55378 612.894-8876 The Savage Chamber of Commerce presents a business seminar on "Environmental Costs" By Gregory A. Fontaine, Environmental and Regulatory Affairs Partner, Dorsey & Whitney, Minneapolis Monday, March 21, 1994, 7:00 p.m. Savage American Legion Hall 12375 Princeton Avenue South, Savage Topics: 1) Coping with wetlands legislation. 2) Our Murky Minnesota River - What will happen? 3) New landfill cleanup legislation affecting businesses. Admission is free No reservations necessary Come Grow With US __ HAP-G3-1994 iJ9= t\!!!PMetropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 March 2, 1994 To Persons Interested In The Sale of Metropolitan Waste Control Commission Property In Shakopee: The Metropolitan Waste Control Commission (MWCC) has advertised approximately 588 acres of undeveloped land for sale in Shakopee, Minnesota. In the past, you have asked that we notify you when this property is on the market. This will be your only personal notice from the MWCC about this proposed land sale. Details on obtaining bid packets are explained in the ad copied on the back of this notice. This same ad appeared in the classified sections of the following newspapers : Sunday, February 20, 1994, Minneapolis Star Tribune Sunday, February 20, 1994, St. Paul Pioneer Press Sunday, February 20, 1994, Chicago Tribune Monday, February 21, 1994 , Minnesota Real Estate Journal Thursday, February 24 , 1994, Shakopee Valley News Chaska Herald Jordan Independent Chanhassen Villager Eden Prairie News Saturday, February 26, 1994, Prior Lake American The ad will also appear in future issues of the Minnesota Real Estate Journal . Contact Bea Villegas at 229-2032 for a bid packet. Other inquiries should be referred to Pauline Langsdorf at 229-2100 . Equal Opportunity/Affirmative Action Employer - is PUBLIC LAND FOR SALE BY SEALED BID Approximately 588 Acres Unimproved Land in Shakopee, Minnesota Sealed bids for the sale of land located in the scenic and growing City of Shakopee, MN, will be received in the office of the Metropolitan Waste Control Commission, Mears Park Centre, 6th Floor, 230 East 5th St . , St. Paul, MN, 55101 until 2 : 00 p.m. on April 5, 1994 , and, at which time such bids will be publicly opened and read. Bid packages may be obtained at the above address or by calling (612) 229-2032 . Each bid must be accompanied by a certified check , cashier' s check or money order for 10 percent of the bid price payable to the Metropolitan Waste Control Commission. The Commission reserves the right to reject any or all bids and to waive informalities therein. The Metropolitan Poverty Reduction Act: An Action Plan for the Twin Cities "No easy or simple solutions to poverty exist, and some of the causes of poverty may be beyond the reach of government. To be effective, future efforts to fight poverty must address its root causes and not merely treat its symptoms." Poverty is caused by many factors, including economic policies and forces that depress development of living wage jobs for people of low skill, lack of education, drug and alcohol abuse, single parenthood, absent fathers, and the perpetuation of a multi-generational culture of dependence that promotes despair rather than achievement. No easy or simple solutions to poverty exist, and some of the causes of poverty may be beyond the reach of government. To be effective, future efforts to fight poverty must address its root causes and not merely treat its symptoms. Any realistic effort to attack poverty must also recognize and work with, not against, these facts: •Advances in technology have enabled employers to disperse jobs and locate businesses away from downtown areas. This trend will continue and accelerate. •The number of no-skill or low-skill jobs that pay a living wage has declined sharply in recent years. These jobs have not just left the urban core, they have left the state and the country. •The increase in poverty in our region has not been historically driven by a shift of jobs from urban to suburban areas. To this day, Minneapolis, St. Paul and the first ring suburbs still have far more jobs than the rest of our region combined. As of 1990, the central cities and first ring suburbs had 730,000 jobs while the developing suburbs had 377,000 jobs. •The migration of people from other areas of Minneapolis in recent years has contributed to the increased level of poverty and the swelling number of people on the welfare rolls in our region. •The motivational forces driving middle class taxpayers from the core are the reality or perception of inner-city crime, high taxes and the deterioration of services. Concentrations of poverty are really concentrations of joblessness. Creating jobs and training people how to do those jobs well should be the primary goal of any legitimate poverty reduction proposals. Jobs are not created by cute slogans or propositions by politicians. They are created by companies who have work to be done and who are able to pay people to do that work. Every effort must be made to create and retain jobs in our region, particularly in the central cities. The most appropriate way of dealing with these problems is to reform the welfare system, bring jobs and job training to the core, and increase the availability of mass transit to areas of suburban job growth. A great deal of attention has been paid to housing in the recent debate regarding poverty in our region. The lack of affordable housing is only a symptom of poverty. Efforts to address poverty which focus primarily on housing are doomed to fail. Affordable housing issues should be addressed, but they should not occupy center stage in this debate. More important, affordable housing strategies must not repeat the mistakes of the past. Representative Myron Orfield's heavy-handed approach to solving the problems of poverty in the Twin Cities region focuses too narrowly on housing the poor in the suburbs. His proposal will not eliminate blight at the core. Rather, it will propagate blight in the developing area by mandating the construction of low quality, high-density housing projects. Further, Rep. Orfield's proposal is inherently incapable of producing scattered-site affordable housing. The politicians who dominate the aging urban core blame the suburbs for their growing problems and have demanded that the western suburbs, in particular, house more of the region's poor. Yet, these same politicians consistently oppose the pro-jobs and pre-employment legislative agenda that would permit the working poor to achieve greater economic opportunity. They prefer to address the symptoms of poverty rather than the causes of poverty. Because the problem of poverty in our region tends to concentrate in the urban core, the bulk of our resources should be brought to bear on the deteriorating core. Money should be spent on rehabilitating existing inner city neighborhoods and to provide incentives for business to locate in those areas. The central city transportation infrastructure should be brought up to date so that the flow of both people and goods can proceed unimpeded. Finally, social services in the core need to be reformed. WELFARE REFORM: FIGHTING THE CULTURE OF DEPENDENCE A culture of joblessness and dependence dominates areas of concentrated poverty. This situation is the result of a lack of job skills and education coupled with a welfare system that penalizes work and rewards dependency. Our region's relatively generous welfare benefits attracts the poor and then traps them here, impeding them from becoming self-sufficient. Governor Arne Carlson along with several members of the legislature have proposed sweeping changes in our welfare system that will remove barriers to work, reward personal initiatives and mandate a new social contract with those who wish to work rather than receive welfare. The welfare reform proposal calls for: •A working Family Credits joint venture to provide monthly income credits to families. • Work First to match individuals needing assistance with job openings and then provide such support services as child care, subsistence assistance and follow-up in order to ease the transition into the job market. •A redesigned STRIDE program to make jobs the first step toward self-sufficiency. For example, we would require AFDC cases receiving full child support payments to work. • Requiring minor parents who wish to received AFDC to reside with their own parents. •Providing extra staff at hospitals with a high-volume of births to unwed mothers in order to increase the recognition of parentage. • Expanding the Parent's Fair Share Programs to reach more fathers who dodge their child support obligations. •Expanding MFIP for two-parent families in Ramsey County. • Eliminating the 100 hour rule that creates obstacles to two-parent AFDC families who are trying to enter the job market, disregarding student earnings and student loans in benefit calculations, and raising the allowance for a car. • Increasing investigations into welfare fraud and adding a sharpened focus on the early detection and prevention of fraud. JOB CREATION AND RETENTION A job is more than a way of making a living. It is a means of building self-respect, breaking the cycle of dependency and becoming a contributing member of society. Jobs are the only viable solution to poverty. True housing choice results from having a job, not the other way around. 1. Removing the Barriers Minnesota employers have spoken loudly and clearly about the barriers that block job development and retention in our state. First and foremost, we must reform our expensive and red-tape ridden workers' compensation system and reduce commercial and industrial property tax rates. These hidden costs are depriving us of jobs, particularly the dwindling number of living-wage jobs that are available for low-skill individuals. Additionally, under the guise of protecting workers, an intricate bureaucratic network of rules and regulations is constricting Minnesota's job market and harming the very workers it's supposed to protect. Labor regulations are of little value to the unemployed. When you address the issue of economic competitiveness, you also help address the issue of poverty. 2. Enterprising Zones Transplanting the poor to the suburbs will do nothing to reverse the decline of the core. In fact, it may accelerate the deteriorative process by emptying neighborhoods and generating block after block of boarded-up houses, empty apartment buildings and vacant store fronts. Encouraging the economic redevelopment of the core is critical to saving these neighborhoods from being turned into wastelands. The Commissioner of Trade and Economic Development will have the authority to designate certain declining areas of the central cities as enterprise zones. These zones will offer tax incentive for businesses that locate within the designated area and employ residents. We believe the judicious establishment of enterprise zones will be an important first step in an effort to return economic vitality and job opportunities to the core. TRANSPORTATION: BRINGING JOBS AND PEOPLE TOGETHER A person without a car who relocated to the suburbs may not have increased access to jobs. Because the opportunity to vie for employment should not be dependent on relocation, we need to provide reliable transportation options for those who do not own or have access to automobiles. 1. Express to Success We propose to establish a pilot transportation model, the Express to Success Transit (EST) program, to provide commuter service from the core to suburban zones identified by the Regional Transit Board (RTB) and the Metropolitan Council as containing high job concentrations. The RTB will work with job service organization to identify the pockets of potential employees located within areas of concentrated unemployment in the central cities. Suburban employers will be offered tax credits to participate in the program and hire central-city workers. In addition to the EST program, we advocate renewing the ability of suburbs to opt out of the RTB system in order to design and create their own innovative reverse-commuting transportation service to serve their unique needs. 2. Urban Freeways The freeways that provide access in and out of the central cities are increasingly clogged. Pool access is a deterrent to job creation and retention. It is also a factor in the decision of businesses to abandon the core. Despite this fact, urban politicians continue to zealously resist efforts to expand freeway capacity. In other states, city governments fight aggressively to obtain improvements to their freeways because they understand the economic benefits that come from an efficient transportation infrastructure. The political leaders of our central cities should end their opposition to the reasonable expansion of these commercial arteries. HOUSING: REHABILITATION AND REALISM No degree of tinkering with local zoning laws as proposed by Rep. Orfield could result in the construction of a meaningful number of affordable housing units on a scattered-site basis. The result would be poor quality, high-density developments that are an invitation to trouble. Many of our northern suburbs constructed such projects in the 1960's and 1970's. Today they are paying the price with blighted areas accentuated by concentrated pockets of poverty. We cannot afford to ignore this lesson. The developing suburbs must retain the option of voluntarily undertaking efforts to ensure that their communities offer a broad array of housing opportunities. However, we stress our belief that this objective is best realized via voluntary actions, not the imposition of penalties and mandates. 1. Eden Prairie Pilot Project Utilizing existing scattered-site housing is the most effective way of deconcentrating poverty. This approach does not require new construction, yet it also provides the greatest opportunity for positive interaction with the rest of the community. The mayor of Eden Prairie has agreed to seek approval for his city to host a pilot project which will use state grant money to fund vouchers to assist as many as 400 families with gross incomes at or below 60 percent of the region's median income. The vouchers can be used for rent, mortgage payments or down payment assistance for existing housing on a scattered-site basis. 2. Exempt HRA Building Materials from Sales Tax Under present law, the state sales tax applies to contractor purchases of building materials for property improvements. We propose to exempt those purchases if the materials are designated for the construction of qualified affordable housing. To qualify, the housing would have to be located in a designated developing area, be developed and financed by a local housing authority, meet federal income guidelines and meet requirements to ensure the units are scattered. 3. Earmark Affordable Housing Investment Tax Credits The federal government allows investors in affordable housing to received a tax credit for their investments. Each state has a specific allocation of credits for use on projects within the state. We propose that a portion of the first round of allocations of Minnesota's share be set aside for affordable housing in the developing areas. 4. Broaden Housing Trust Fund Eligibility Criteria The housing trust fund is a program administered by the Minnesota Housing Finance Agency. Under present law, the trust fund may only be used for housing development and redevelopment projects in which the majority of residents are at or below 30 percent of the region's median income. Further, only 20 percent of the funds may be used for home ownership projects. We propose that 50 percent of the fund's revenues be available for persons between 30 percent and 60 percent of the region's median income and that up to 50 percent of such funds be available for home ownership projects. 5. Establish Housing Information Network The Metropolitan Council's report on "Draft Housing Policy for the 1990's" found that only 21 percent of the total housing stock available to low-income renters is actually occupied by low-income renters. The balance is occupied by persons with incomes that place them outside of that range. Clearly, a better way of bringing together low-income renters with appropriate housing must be found. Evidence shows that low-income renters commonly make their housing decisions based upon accessibility to mass transit. We propose the establishment of a regional service that will simultaneously provide information on the availability of affordable housing and public transportation. One way in which this can be accomplished is by integrating the existing MTC and Metropolitan HRA databases to combine the information services they now provide separately. 6. Promote Urban Homesteading The Metropolitan Council will designate one neighborhood in St. Paul and one in Minneapolis as urban homestead pilot projects. It will offer incentives (e.g., property tax waiver, reduced interest loans, reduced sale price) to individuals who purchase a home in a designated neighborhood and agree to reside there for a minimum number of years. The program will encourage the return of working home owners. The presence of employed individuals and families will have a stabilizing effect on troubled neighborhoods. 7. Remove Blighted Housing Breaking up concentrations of poverty requires the removal of blight. The central cities should make every effort to rid neighborhoods of deteriorating housing stock as well as crack houses and other buildings in which illegal activities and actions destructive to the community take place. We propose to expedite the legal process for renovation and rehabilitation, and add a $2 million appropriation to the Housing Finance Agency for removal of blighted housing. 8. Repeal the "No Net Loss" Requirement Minnesota law currently required entities that remove low-income housing units to replace them with an equal number of low-income units in the same vicinity as ones that were removed. This applies to Minneapolis, St. Paul and Duluth. Because this requirement is inconsistent with the idea of breaking up concentration of poverty, we believe it should be repealed. 9. Centralize Section 8 Application Process Currently, 10 Twin Cities metro area HRA's administer Section 8 certificates and vouchers. In effect, this means an individual seeking assistance in our region must fill out 10 forms to apply to 10 different offices. this is too cumbersome. We believe the Metropolitan Council should negotiate with HUD to create a one-stop shopping system that would grant a single application access to a regional pool. Achieving this goal will increase mobility throughout the metro area, and decrease the inequitable preference for local resident currently demonstrated by the individual HRA districts. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 8 , 1994 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] Approve Minutes of February 1st and 15th, 1994 10] Communications: *a] Tom Behr, Scott County Human Services, regarding Dakota County Receiving Center Contract Renewal 11] 7 : 30 PUBLIC HEARING - proposed street construction to Vierling Drive from CR-15 to Polk Street - Res. No. 3966 12] Recommendations from Planning Commission: *a] Preliminary/Final Plat for South Parkview 2nd Addition, lying North of Vierling Dr. and West of CR-15, Res. 3954 13 ] Reports from Staff: *a] Fire Service Contracts b] Calvary Church - Stormwater Detention Pond Along Vierling Drive *c] 1994 Set-Up Licenses *d] Grant of Easement from Dale Dahlke *e] Amendment to Developers Agreement for Valley Park 11th TENTATIVE AGENDA March 8 , 1994 Page -2- 13 ] Reports from Staff continued: *f ] Consenting to MWCC Easement *g] Eagle Creek Thrift Shop Lease h] Garbage Pick Up in Alleys i] 1994 Pay Plan for Non-Union Employees - Res. 3973 *j ] Street Light at CSAH 17 and CSAH 14 *k] Approve Bills in the Amount of $98 , 354 . 84 1) Murphy's Landing Lease (bring item 13a from 2/15 agenda) 14 ] Resolutions and Ordinances: *a] Ord. No. 373 - Amending Insurance Requirements for Tattoo Licensing *b] Res. No. 3967 - Ordering Feasibility Report for Viking Steel Road from Hwy 101 to 4th Avenue *c] Res. No. 3968 - Approving Plans & Specs and Ordering Ad for Bids for Downtown Alleys, Project 1993-9 and Block 48 Alley, Project 1994-1 *d] Res. No. 3965 - Accepting Bids for Underground Fuel Storage Tanks *e] Res. No. 3970 - Amending 1994 Budget - Planning *f] Res. No. 3963 - Setting Hearing for Vacation of Alley *g] Res. No. 3971 - Declaring Adequacy of Petition, Ordering Plans & Specs for Sidewalk Along Shakopee Chevrolet (1206 E. 1st Ave. ) *h] Res. No. 3972 - Approving Plans & Specs and Ordering Ad for Bids for Rahr Service Line i] Ord. No. 374 - Interim Ordinance for Downtown Development - on table 15] Other Business: a] Set date for a wetlands training session b] c] 16] Recess for Executive Session to discuss matters under attorney-client privilege 17 ] Re-convene 18] Adjourn Dennis R. Kraft City Administrator • 1 TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA March 8 , 1994 Regular Meeting Chair Joan Lynch presiding 1 . Roll Call at 7 : 00 P.M. 2 . Approve Minutes of February 1st and 15th, 1994 3 . Stans Project - House Relocation 4 . Blocks 3 & 4 , OSP - Development Strategy 5. Other Business a) b) 6. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 1, 1994 Chrmn. Lynch called the meeting to order at 7 : 05 PM with Cncl . Beard, Dirks, Sweeney and Mayor Laurent present . Also present : Dennis Kraft, City Administrator; Lindberg Ekola, City Planner;er; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Voxland, Finance Director; and Tom Steininger, Chief of Police . Laurent/Dirks moved the approval of the January 4, 1994 Minutes. Motion carried unanimously. Laurent/Beard moved to adjourn the HRA meeting at 7 : 06 P.M. Motion carried unanimously. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL MEETING SHAKOPEE, MINNESOTA FEBRUARY 15, 1994 Chair Lynch called the meeting to order at 7 : 09 PM with Cncl . Beard, Dirks, Sweeney and Mayor Laurent present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney and Dave Hutton, Public Works Director. Sweeney/Laurent moved to accept the special call of the chair. Motion carried unanimously. Chair Lynch explained the she had a conversation with Mrs . Henderson regarding a dwelling for the Stans Project . Mayor Laurent stated the he did not feel he had a conflict of interest, but that his company was designated as builder of the subsequent building that would go on this site. Ms. Henderson commented on the past of the Stans Project . She stated that in November bids were being accepted, a bid was received and the house would be moved when a site was available. She stated that they would be commencing building the site at the end of April . Ms . Henderson stated that the moving was bid in at $9, 000 with additional costs for cutting lines, with the foundation costing around $10, 000 and the entire building wrap including the trim around the windows costing $6800 . Ms . Henderson stated the garage could be included in the move and the moving costs would be to wherever the site was located. She stated that they have looked at the tax forfeited lots through the county. She provided _a list of such lots to the Council from the auditor' s office. Mr. Stock commented that the tax forfeited lots have not gone through the time period required for these lots to be purchased by the City. Ms. Henderson stated that they would do the soil testing and some of the other projects, but these were all contained in the package she would provide Council . Cncl . Sweeney suggested looking at 2nd Avenue lots and approaching the owners to see if anyone was interested in selling at a land only price with the city assuming the assessments . Councilmembers discussed financing of the project . Chair Lynch commented on the Carver County housing for mentally ill people. Beard/Sweeney moved to direct staff to research an overview of parcels for possible acquisition by the HRA to serve as the relocation for the home in question. Official Proceedings of the February 15, 1994 Housing and Redevelopment Authority Page -2- Cncl . Sweeney commented that there is a time frame . Mr. Ekola stated that the deadline for putting the issue of a conditional use permit for moving a structure on the April Planning Commission agenda would be the second Monday in March. Cncl . Sweeney suggested to initiate all items that are time sensitive . Cncl . Dirks suggested that staff negotiate with Mr. Stans and moving costs, etc before the March 8th meeting. Ms . Henderson stated the City' s costs would include moving, foundation, upgrading electrical and plumbing. Motion carried unanimously. Sweeney/Beard moved to direct staff to initiate the appropriate actions in the event that HRA decides to do this item on March 8th. Mr. Ekola stated the site, specific zoning district and location and setbacks are reviewed by Planning Commission and the legal description would need to be advertised. Motion carried unanimously. Beard/Dirks moved to direct staff to research what other HRA' s do to determine eligibility for low and moderate income housing projects . Motion carried unanimously. Chair Lynch adjourned the HRA meeting at 7 :45 PM. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary H R 6 #1" 3 MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock Assistant City Administrator RE: Stan's Project - House Relocation DATE: March 1, 1994 INTRODUCTION: On February 15, 1994 Shakopee Housing and Redevelopment Authority (HRS) directed staff to take the necessary steps to facilitate the acquisition of the home site offered by the Stan's Foundation and to research what other cities do regarding the sale of home sites to private parties for the purpose of low income housing. BACKGROUND: Staff has successfully completed the execution of a purchase agreement for a lot adjacent to Second Avenue as a possible site for relocating the home in question. The property is located at 1124 East Second Avenue. The site is presently vacant. The purchase offer consists of $15, 000 cash with the seller to pay the special assessments ($3 , 400. 00) . The purchase offer also requires the buyer to remove the garage that is presently located on the site. A site location map is shown in attachment No. 1. Staff has also prepared some preliminary cost estimates for relocating the home and subsequent improvements that will be needed to bring the home up to building code and market standards. The Building Inspection Department has completed a thorough review of the home and has prepared a list of cost estimates associated with the project. (See attachment No. 2) At this time, staff has not researched what other cities do regarding the sale of home sites to private individuals for the purpose of low income housing. Staff has primarily been focusing on the actual improvement and relocation costs due to the tight time schedule. Since our last meeting, staff has received two unsolicited calls from private parties interested in moving the house in question without HRA assistance. Shown in attachment No. 3 is a correspondence that was received from one of the interested parties. Staff does not believe that we can facilitate the removal of the homesite to the proposed site by April 1st. Road weight restrictions are expected to go into effect this month and expire sometime in May, thereby making it virtually impossible to move the home onto a foundation by April 1st. I expect that we could have a foundation prepared for the home immediately upon the expiration of the road restrictions. Funding for this project will be allocated from the HRA fund balance. Given the excessive cost estimate to complete this project and the fact that the lot identified for acquisition is not ideal in terms of location and soil conditions, staff is recommending that we decline the offer for the home as presented by the Stans Foundation. ALTERNATIVES: 1. Authorize the appropriate HRA officials to execute the appropriate documents necessary to acquire the lot located at East Second Avenue consistent with the terms and conditions setforth in the purchase agreement. 2 . Authorize the appropriate HRA officials to execute the necessary documents to facilitate the relocation of the home to the parcel to be acquired. 3 . Direct staff to research other site acquisition alternatives. 4 . Direct the appropriate HRA officials to respectively inform the Stan' s Foundation that the City is not interested in accepting the home. 5. Direct the appropriate City officials to negotiate a cost split on some of the cost estimates with the Stan's Foundation and proceed accordingly. STAFF RECOMMENDATION: Staff recommends alternative No. 4 . ACTION REQUESTED: Direct the appropriate HRA officials to respectively inform the Stan's Foundation that the City is not interested in accepting the home. Attachment #1 Stans Project Cost Estimates 135 W. 3rd. Ave 1 . House and Garage Relocation $15, 900. 00 (Stubbs Bldg. Movers) 2 . Line Cuts $ 3 , 000. 00 3 . Extract foundation and fill $ 5, 000. 00 1124 E. Second Ave. 1 . Property Acquisition $15, 000. 00 2 . Site Preparation - Demolish Existing Garage and Remove Concrete Slab $ 1, 000. 00 3 . Home Foundation/Grading (Rock) $10, 000. 00 4 . Garage Slab - (24x30) $ 2 , 000. 00 5. City Water and Sewer Service Line Install $ 5, 000. 00 6. Building Code Repairs to Home a. Mechanical (Boiler/Radiators) $ 4 , 000. 00 b. Electrical $ 3 , 000. 00 c . Other Bldg. Code Updates $ 5, 000. 00 7 . Final Lot Prep. (Sidewalks/Seed /Driveway) $ 2 , 000. 00 Subtotal Costs $70,900. 00 Contingency (5%) $ 3,545. 00 Total Project Cost $74,445. 00 Note: Cost Estimates do not include any aesthetic building improvements such as painting (Interior/Exterior) , fixtures, carpet, etc. (n ■ ■ Od3x1^111b'N min mk:i- 31241V21d Cal ■ d1ONda MIL■ VIOS3NNiw I I 13��dw NIVw tet!. NES. ,-m. I NM 321O11-111d IOW '1■■■ 2l30N3dS 111111111111 IMF 111111H1111* I 11•1: ■0■ 3111A2ON VOS A4.hmediF 3 Route 2, Box 270 Montgomery, Minnesota 56069 March 1 , 1994 Mr. Barry Stock Assistant City Administrator City of Shakopee Dear Mr. Stock It is my understanding that the City/HRA is considering accepting the house and garage located at 135 Third Avenue as a donation from the Stans Foundation. For the record, the intent of this letter is to inform you of our interest in the house. For approximately two years, my wife and I have been looking for a suitable house to move onto our property located in rural Montgomery. Last Thursday evening we looked at the Stans house and felt it would serve our families needs. Friday morning and Saturday morning , we contacted Marjorie Henderson and informed her that in the event that the city declines the Stans Foundation offer , we are in a postion to immediately purchase the house and garage, hire a house mover and remove them as quickly as possible. We also offered to place earnest money. Marjorie explained to us that although she was obligated to wait for your decision on the Sth , our offer was next. In an effort to act quickly, should the house become available, we have contacted LeSueur County Planning and Zoning and Scott County Highway for information on securing the appropriate permits. Additionally, we have contacted three house moving companies and expect to receive moving routes, utility coordination , and final cost estimates. Also under consideration are the anticipated moving dates and pending roadway weight restrictions. Sincerely yours, J cam, James D. Davidson ta� 3uLl- 7c,i f MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Downtown Redevelopment - Blocks 3 and 4 , OSP City Council Ordinance No. 374 DATE: March 3 , 1994 INTRODUCTION: For the past two years the Community Development Commission (CDC) has been evaluating the redevelopment potential for Blocks 3 and 4 in the downtown area in additional to an overall downtown redevelopment strategy. On Wednesday, February 16, 1 994, the CDC moved to recommend to the HRA that the appropriate officials be authorized to facilitate the acquisition of the property in Blocks 3 and 4 . The Commission also recommended that efforts be taken to evaluate the potential relocation of structures presently located on Blocks 3 and 4 to other property in the downtown area if feasible and that the remaining buildings be demolished. BACKGROUND: In 1981, the City of Shakopee initiated a downtown redevelopment study. The study was completed in 1984 . Since that time, various components addressed in the 1984 study have been completed including the downtown mini-bypass and Phase I of the downtown streetscape program. Improvement efforts continued in 1990 with the adoption of the Rehab Grant Program. Last year, the HRA also commissioned an architect to develop architectural vignettes of each block face in the downtown area. The architectural vignettes completed by the architect served to facilitate and refocus discussion on the redevelopment possibilities for Blocks 3 and 4 in the downtown area. The CDC ultimately decided that Blocks 3 and 4 as they presently are configured in terms of building uses do not meet today's market expectations and are in a state of repair that make it unfeasible to pursue rehabilitation of the buildings as they are presently situated. The architectural vignette study results supported the redevelopment potential of existing buildings in the downtown area including several that are presently located in Blocks 3 and 4 . The vignette results also focused attention on the need for consistent building massing and the need for continuity particularly in terms of signage. The study results also supported the need to fill gaps (vacant parcels) in the downtown. The CDC is optimistic about the possibility to relocating structures from Blocks 3 and 4 that have historical merit and are structurally sound to fill several of the vacant parcels in the downtown area that presently exist. The CDC believes that the proximity of Blocks 3 and 4 in terms of its geographical location in our community presents a strategic opportunity. Blocks 3 and 4 are situated at the 169 bridge-head (Shakopee's front door) . Traffic volumes in this area exceed 20, 000 vehicles per day. Even upon completion of the southerly bypass, traffic volumes in this area are expected to be in excess of 17, 000 vehicles per day. The CDC believes that positive rehabilitation of the downtown area will also attract a percentage of the tourists traveling through our community. Improvements to the entire downtown area and specifically Blocks 3 and 4 will also serve to present a positive first impression of our community. The CDC and staff both believe that Blocks 3 and 4 would be an attractive site for developers. However, given the number of property owners and the condition of the structures, it would be unfeasible for a private developer to pursue without development incentives. The CDC is optimistic that if the City were to acquire and clear Blocks 3 and 4 that a developer could be found to construct a project that is in character with the rest of the downtown area. If our analysis of the existing structures supports relocating buildings to other parcels in the downtown area, the CDC believes that current tenants and owners of relocated buildings should be offered the first option to move into these relocated structures thereby reducing relocation costs. The perceived tenant mix for a development project on Blocks 3 and 4 would have to be determined by a private developer upon completing a market analysis. The CDC believes that a mix of retail and professional office as well as housing may be viable uses of the property. Shown in Attachment #1 is a map illustrating the parcels in the downtown area. Shown in Attachment #2 is a summary of the properties and their current ownership status as well as existing market value and property tax information. Acquisition of the property by the City would initially have an adverse impact on tax revenues collected. However, if a developer could be found to complete a project on the site, tax revenues would be significantly increased. Staff has received one unsolicited contact from a private developer interested in redeveloping Blocks 3 and 4 . The developer is interested in doing a mixed use project on the site. Staff believes that there are likely to be other developers interested in redeveloping Blocks 3 and 4 if a development incentive package can be put together that includes assembling the property, clearing and a land write down. To fund such a project, the City could create a redevelopment tax increment district. The procedure to be followed would likely involve attracting a developer to commit to a project and enter into a Developer's Agreement accordingly. The City would then sell tax increment bonds and proceed with acquisition and demolition. The tax revenue generated from the new project would be utilized to meet debt service obligations associated with the bond sale. It is interesting to note that if a housing component were included in the project, that the housing portion of the project would be exempt from fiscal disparities. Redevelopment districts can be open for up to 25 years. Staff is seeking Council approval of Ordinance No. 374, Adopting an interim ordinance prohibiting the development of property located in Blocks 3 and 4 , OSP. (The actual Ordinance will be placed on the table Tues. night) The adoption of the Ordinance would provide staff with time to complete the following tasks: 1. Obtain appraisals 2 . Secure purchase agreements on parcels in Blocks 3 and 4 . 3 . Evaluate the feasibility of moving structures. 4 . Initiate Eminent Domain Proceedings when friendly acquisition efforts have failed. 5. Seek development proposals. 6. Amend the Tax Increment Finance Plan If the HRA concurs with the outlined work tasks, staff believes that Phase II construction should proceed as planned. It may be appropriate to refrain from installing streetscape amenities on the North side of First Avenue until a redevelopment project is completed on Blocks 3 and 4 . This issue can be addressed as we proceed with Phase II . In Summary, staff is recommending that the Interim Ordinance be approved and that the work tasks noted herein be pursued by the appropriate City officials. ALTERNATIVES: Shakopee HRA 1 . Recommend Council approval of Ordinance No. 374 and authorize the appropriate HRA officials to proceed with the following work tasks: 1. Obtain appraisals; 2 . Secure purchase agreements on parcels in Blocks 3 and 4; 3 . Evaluate the feasibility of moving structures; 4 . Initiate Eminent Domain Proceedings when friendly acquisition efforts have failed; and 5. Seek development proposals. 2 . Recommend Council approval of Ordinance No. 374 and authorize the appropriate HRA officials to proceed with aquisition prior to having a developer on line to complete a project. 3 . Table action pending further information from staff. 4 . Direct staff to establish a Committee of the Whole meeting to discuss in greater detail the merits of pursuing the acquisition and redevelopment of Blocks 3 and 4 in downtown Shakopee. 5. Maintain that status quo development pattern for Blocks 3 and 4 in downtown Shakopee. City Council 1 . Move to approve Ordinance No. 374 , An Ordinance of the City of Shakopee, Minnesota, Adopting an Interim Ordinance Prohibiting Development of Property Located in Blocks 3 and 4, OSP. 2 . Do not approve Ordinance No. 374 . STAFF RECOMMENDATION: HRA Staff recommends Alternative #1. City Council Staff recommends Alternative #1. ACTION REQUESTED: HRA Move to recommend Council approval of Ordinance No. 374 and authorize the appropriate HRA officials to proceed with the following work tasks: 1 . Obtain appraisals; 2 . Secure purchase agreements on parcels in Blocks 3 and 4 ; 3 . Evaluate the feasibility of moving structures; 4 . Initiate Eminent Domain Proceedings when friendly acquisition efforts have failed; and 5. Seek development proposals and 6. Amend the City's Tax Increment Finance Plan City Council Move to approve Ordinance No. 374 , An Ordinance of the City of Shakopee, Minnesota, Adopting an Interim Ordinance Prohibiting Development of Property Located in Blocks 3 and 4 , OSP. BAS/tiv TAMI\CDC. DT _.__.. _.,. .. -- _ - ._ �..�.�. - —rs.*..-.-. ',r,«.«-:«,-,n,- ATTACHMENT = 1 _I 1 00,263-0 RIES I * IT1T I t 0 210 1 I / I I>:-1O Z O I I07 1 I V 1 Atwood $ 001253-0 001260-0 0 0 � I 001068-0 ''-- YOHNKE LEBENS 0 D r- 1 �LEBENS 001254-0 WA4P cH-0 0 w M-'-� 1001069-0 I I 1 CAD NIEWIND 001258-0 N�j Z I O'CONNER - 001255-Or, ., GESTACH 00 001142-0 001070-OCT cad HEINZ (�,,J _ �MCGOVERN I SOTELO I I - 0 001257-0 �>>41 _� s I ' 1 D WAMPACH - r 70 0 KUCERA o0 zo �° "' 001256-0 _ o4 z 00,140-0I 73-01I o N Dor Ol C7 WAMPACH LAURENT . 4-0 CGT Fuller Jo20_ _ _ �TT. 001245-0 001252-0 ._ O oo„s7-o -� STANS FND HENDERSON w 0 AIENSING in 001246-0 001251-0 70 r',.. 4,.°-, MONNENSENDERSON Z.- Ftisy 0 - 001250-0 0 001155-0 c- z 0o EASTMAN PSE REALTY I co $ 001145-0 $ Z-0 A >o el- BERENS * t o8 - ;8 Z to **--4 �^> a t o �u g- - r o z0 0 VI•:, fo EC � 0 __ b — _--- -3.- =o �,o o = Holmes 8 T.8 001173-0 LARSON - 8- , 001174-0NENiE151010Ct - to 27 Z n 001172-0 KING SOL am/ TO ~+ 001171-0 GARNESS 1045-0 NAM 001240-0 0 x n 1170-0SULLIVAN 1046-0 HI BROWN Z 01169-0 RIES 1047-0 HUGHE` 001240_-0 © C) z1 8 001166-0 ESQ+ 1043-0 SWOT W116/-U _vl r 1049-0 CITY <; o N- foo TURTIE'9 - yro z � - I >-- 001164-0 1050-1 CITY „ r,; m 710 TURTLES ro rn r^ I p`i �11V-O 1050-0 TOPICI� 0 �m 0 20 TOPIC II I \ -4- Il _ Lewis $ 0 N 0 f...� ��o app $0 00 0 1 0'34-0 G. CZ �g ,, r›n 10 7o AI o BRAMBILLA - c �O Z 0011186-0 001035-0 0 HALVER -r c P 1 TL 001235;?0 •- o 1 . �� eVI 0 001,35-o U$ WE is sHAxOPEE BOWL 001037-0 - CD r> r 0 V \L� MAHONEY C co 00118!-0 11 PARTS 0 0 I O c) cfi N N Z O 001183-0 CLAY x 0 0 ? 088 001182-0 iea m I x g- a• PEARSON I I 0 0 gib__, . b Sommerville T8 1 41 'I0012l600 1 1 I 001199-0 (.. ATTACHMENT #2 DOWNTOWN PROPERTY INVENTORY PAYABLE 1993 PROPERTY TAX INFORMATION P. I .D. Lot Blk Owner MV Net Tax Gross 27-001041-0 1 4 St . of Mn - -- --- 27-001042-0 1 4 St . of MN - -- --- 27-001043-0 1 4 St . of MN - -- --- 27-001044-0/1 2 4 St . of MN --- --- 27-001045-0/1 2 4 Mamer 34, 000 466 .32 472 . 20 27-001046-0/1 3 4 Hill 37, 000 1410 . 50 1410 . 50 27-001047-0 4 4 Hughes 48, 500 856 . 90 1044 . 90 27-001048-0 4 4 Vohnoutka 53, 100 2152 . 86 2337 . 84 27-001049-0 4 4 City --- --- 27-001050-1 4 4 City --- --- 27-001050-0 5 4 Topic 93 , 000 5748 . 88 5748 . 88 27-001034-0 1-2 3 Brambilla 227, 800 12172 .46 12211 . 50 27-001035-0 2 3 Topic 77, 000 4890 . 90 4890 . 90 27-001036-0 2-3 3 Mahoney 14, 700 933 .88 933 . 88 27-001037-0 4 3 Mahoney 36, 000 1713 . 68 1713 . 68 27-001038-0 -4-5 3 Kwi-Shing 101, 800 3588 .10 3615 .76 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 1, 1994 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Lynch, Beard, Dirks and Sweeney present . Also present : Dennis Kraft, City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Tom Steininger, Chief of Police . Councilmembers added to the agenda: 15a) Eagle Creek Thrift Shop water supply; 15b) Scheduling of the budget; and 15c) Youth Community Building. Beard/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for the HRA meeting. Mayor Laurent reconvened the City Council meeting. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor' s report . Councilmembers added to the consent business : 13h) Amending Personnel Policy on Sick Leave, Resolution No. 3948 and 131) Release of Watermain Agreement . Councilmembers deleted from the consent business 13i) Approve bills in the amount of $104, 649 . 53 . Mr. Kraft commented that a new personnel policy should be completed by the end of the week. Sweeney/Dirks moved to approve the consent business as modified. Motion carried with Mayor Laurent abstaining on item 13d] Maple Trail estates Preliminary Plat . Sweeney/Dirks moved to approve the Minutes of January 4 , 1994 . (Motion carried under consent business . ) Jim Terwedo, Scott County Attorney, gave a brief presentation of a proposed curfew Ordinance for Scott County. Cncl . Beard pointed out that the City does not have to adopt this ordinance based on the County, however the Townships would have to adopt this if the County imposed the ordinance . Sweeney/Beard moved to direct staff to schedule a public hearing on the proposed County curfew ordinance in consort with Mr. Terwedo . Chief Steininger stated the new ordinance is more complex than the City' s and it would be a benefit to have uniform language throughout the County. Official Proceedings of the February 1, 1994 Shakopee City Council Page -2- Mr. Terwedo commented that he would discuss the constitutional issues with Ms . Marty. Motion carried unanimously. Sweeney/Dirks moved to authorize the appropriate City officials to exercise the third year option agreement with Vanpool Services, Inc . for the provision of Vanpool Services in Shakopee . (Motion carried under consent business . ) Beard/Lynch moved to remove the Murphy' s Landing Lease from the table . Motion carried unanimously. Lynch/Sweeney moved to extend a lease contract with Murphy' s Landing for a three year term and to direct staff to prepare documents to include previous conditions discussed by Council . Cncl . Lynch commented that the proposal set forth by Mr. Reiter' s group was not acceptable. Motion carried unanimously. Cncl . Sweeney suggested that he would like to see the safety issues included in the contract concerning the buildings being used for homes and requiring a Certificate of Occupancy so the buildings meet the fire standards. He also stated he would like a "memo of agreement" by April 15th concerning the DNR trail . Cncl . Lynch responded that an agreement was reached with the DNR and they would be going to the Legislature for money for the trail . Jake Manahan stated there was a verbal agreement with the DNR. He requested the City Attorney to look into possibilities of the occupancy of the buildings to allow people to live there without complying word for word with the ordinance . Cncl . Lynch suggested looking at the Section 8 Certificate through the County HRA and to incorporate that within the contract also . Mayor Laurent recessed the City Council meeting for a short break. Mayor Laurent reconvened the City Council meeting at 8 : 13 P.M. Judy Cox gave a brief presentation on the request from O'Dowd Lakes Chain Association concerning their liability insurance . Mike Sulik, 14601 Lakeview Circle, stated that they could not afford to run the aerators any longer with costs of $1300 for electric bills per year and $1400 for insurance costs per year. He asked that the City take over the insurance costs . He stated that under State law no municipality could be sued for this type of Official Proceedings of the February 1, 1994 Shakopee City Council Page -3- operation. He commented that possibly this could be included under an umbrella policy of the City. Mr. Sulik stated that water levels are high and the oxygen tests are at 8 milligrams, which is good. He stated the aerators are not running this year, but have been every other year. Mr. Kraft commented that he did contact the City' s insurance agent, who stated the City could not insure what they don' t own and this would be additional liability. Ms . Cox stated that the insurance agent explained that the whole operation is a package deal : providing electricity to operate the aerators and the aerators and these issues cannot be separated. Cncl . Sweeney commented on the issue of the DNR requiring $500, 000 bond for liability insurance and asked Ms. Marty to look into the recreational immunity issue for municipalities. He stated that since the aerators are not running in 1994 that the power to the pole be shut off . Bill Dellwo stated that he contacted the DNR who informed him the water does not belong to Shakopee but rather to the DNR. Therefore this situation would fall under Torte Law. He suggested making this a County matter rather than a City. Lynch/Sweeney moved to direct the city attorney to draft an amendment to the lease between the City and Save O'Dowd Lakes Chain Association to allow for the waiver of their carrying insurance if aerators are not to be used in a particular year, and that the City be notified of their intent by a certain date. Motion carried unanimously. Dave Edwards stated that in the past to maintain electricity to the pole was not as expensive as turning it off and on every year. He said he would ask SPUC to disconnect the electricity to the pole . He also stated the DNR operating rules have been rewritten and a new permit may require public hearings. Sweeney/Dirks moved to direct the appropriate City officials to execute the purchase of frisbee disc golf equipment from the Disc Golf Association utilizing $5, 151 from the Park Reserve Fund. (Motion carried under consent business. ) Sweeney/Dirks offered a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional twelve (12) months, and moved its approval . (Motion carried under consent business, with Mayor Laurent abstaining. ) Sweeney/Dirks moved to table the decision on the proposed vacation of the alley lying north of Lots 3 , 4 and 5, Block 30 , Original Official Proceedings of the February 1, 1994 Shakopee City Council Page -4- Shakopee Plat to the February 15 City Council meeting. (Motion carried under consent business . ) Sweeney/Dirks moved to approve the applications and grant temporary liquor licenses to the Church of St . Mark, 350 South Atwood from February 12th and July 30-31, 1994 . (Motion carried under consent business . ) Sweeney/Dirks moved to appoint Mr. Paul Bilotta to the position of Senior Planner Step II of the 1993 Pay Plan. (Motion carried under consent business . ) Sweeney/Dirks offered Resolution No. 3949, A Resolution Amending Resolution No. 3736 which adopts the 1993 Pay Plan to add the position of Senior Planner at 82 points. (Motion carried under consent business . ) Sweeney/Dirks offered Resolution No. 3948, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 1571, Adopting Personnel Policies for the City of Shakopee, by Adding a Provision Relating to Using Sick Leave for Spouses and moved its adoption. (Motion carried under consent business . ) Cncl . Lynch stated that the questions she had pertaining to the bills were answered by Mr. Voxland. Lynch/Beard moved to approve bills in the amount of $104, 649 . 53 . Motion carried unanimously. Sweeney/Dirks moved to set the mileage reimbursement rate for the use of personal vehicles for city business at the rate allowed by the IRS guidelines . (Motion carried under consent business . ) Cncl . Sweeney stated that there are three issues to look at for funding of the interceptor: borrowing the money, avoiding sewer rate increase or avoiding tax increase . He stated that the costs should be paid at the time of development and hookup. Mr. Kraft suggested an option of putting $2 million up front from the TIF fund and not make principal payments in the year 5 and 10 . (Schedule B) He stated that if there is money in TIF by year 2003 there is a possibility of losing the money unless the city can show a need to keep the balance . Mr. Voxland informed Council there is approximately $7 . 3 million in the TIF fund right now. Cncl . Sweeney suggested looking closely at alternative 4 , capital appreciation bonds . • Official Proceedings of the February 1, 1994 Shakopee City Council Page -5- Councilmembers discussed using bonds : G.O. Bonds and Sewer Bonds . They suggested selling bonds on the Referendum or repay the G.O. Bonds by future trunk or connection fees from the sewer fund. Also • discussed was using TIF and its potential role in financing part of ; the sewer line and community center. Mr. Ekola stated that development could be started by the year 2000 next to the bypass of 30-60 acres and St . Francis Hospital . Sweeney/Beard moved to proceed with Staff to bring back scenarios to implement the theory Cncl . Sweeney has proposed by paying off the $4 . 6 million now. Ms . Marty stated that the out-of-pocket from the City' s portion of the trunk sanitary sewer interceptor would be $4 million. Mayor Laurent stated that the City could borrow the money cheaper than the money they would lose on interest earnings . He stated that some of the investments are good for up to ten years . Cncl . Lynch stated she would be speaking against the motion since the referendum would be hard to sell to the public. Mayor Laurent suggested Staff bring back scenarios on the Community Center and the interceptor being funded in the same year. Motion carried with Cncl . Lynch and Cncl . Dirks dissenting. Sweeney/Dirks moved to authorize the appropriate City officials to execute the appropriate documents to release the property from the documents recorded as Documents No. 21212 and 55532 . (Motion carried under consent business . ) Sweeney/Dirks offered Resolution No. 3947, A Resolution Changing the March 1, 1994 Council Meeting Date, and moved its adoption. (Motion carried under consent business . ) Sweeney/Dirks moved to set the second regular council meeting for March 22, 1994 . (Motion carried under consent business . ) Sweeney/Dirks offered Resolution No. 3945, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Disabled American Veterans, and moved its adoption. (Motion carried under consent business . ) Sweeney/Dirks offered Ordinance No. 370 , An Ordinance Amending City Code Chapter 6 , Other Business Regulation and Licensing, Sec . 6 . 44 , Lodging Tax, By Repealing Subd. 1, Local Lodging Tax Adopted, and Adopting One New Subdivision in Lieu Thereof, and moved its adoption. (Motion carried under consent business . ) Official Proceedings of the February 1, 1994 Shakopee City Council Page -6- Discussion ensued on the MN Department of Health's recent letter addressing the results of a recent nitrate analysis on water samples from Eagle Creek Thrift Shop. Mayor Laurent noted that only one test has been made and the nitrate level is only 50% toward the maximum capacity of nitrates. Cncl. Sweeney suggested that staff look at options to address the problem. Cncl. Sweeney suggested that the 1995 budget process be started using the same tax capacity rate that we are using for this year. Discussion followed with a consensus not to start the 1995 budget process until May or June. Mayor Laurent stated that he has received some complaints about the condition of the Youth Community Building. He stated there has been property damage. He stated that he would like Staff to look into this. Mayor Laurent adjourned the City Council meeting to February 15, 1994 at 7 : 00 p.m. Meeting adjourned at 9 :44 P.M. dp Uc e)• with S. Cox City Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 15, 1994 Mayor Laurent called the meeting to order at 7 : 07 PM with Cncl. Lynch, Beard, Dirks and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Dave Hutton, Public Works Director. Mr. Kraft stated that item 16) Recess for an executive Session to discuss matters covered under the attorney-client privilege, should be deleted from the agenda. Sweeney/Beard moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting at 7 : 09 PM. Mayor Laurent reconvened the City Council meeting at 7 :45 PM. Liaison reports were given by Councilmembers. There was no Mayor's report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. There was no response. Councilmembers added to the consent business: 12h) Policy on Complete Submittals; 14f) Resolution No. 3958, Receiving Report and Ordering hearing on Improvements to Vierling Drive from CR-15 to Polk Street, Project 1994-7 ; and 14g) Resolution No. 3946, Receiving Report and Ordering Plans & Specs for 11th Avenue Storm Sewer Laterals, Project 1994-6. Councilmembers deleted from consent business: 13g) Application for Tattoo License and 14d) Resolution No. 3957, Ordering Report for Improvements to: Viking Steel Road from 4th to CR-16, unnamed St. West of Viking Steel Road, 4th Ave. from Shawnee Trail to Viking Steel Road. Lynch/Sweeney moved to approve the consent business as modified. Mayor Laurent stated that he would be voting for the consent business, however, he would be abstaining from 14f because of a conflict of interest. Motion carried unanimously. Lynch/Sweeney moved to approve the Minutes of January 11th, 18th, 25th and 26th, 1994 . (Motion carried under consent business. ) Lynch/Sweeney offered Resolution No. 3950, a Resolution Amending Resolution No. 3940, a Resolution of the City of Shakopee Approving the Registered Land Survey for Mr. Donald H. McKush, and moved its adoption. (Motion carried under consent business. ) Lynch/Sweeney moved to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1993 Annual Reports. (Motion carried under consent business. ) Official Proceedings of the February 15, 1994 Shakopee City Council Page -2- Mr. Ekola gave a brief presentation on the application for preliminary plat approval for the Calvary United Methodist Church. He stated that the Planning Commission had approved this plat with seven conditions. Ward Susink, architect, stated there were questions regarding the seven conditions. He asked why there was a need for the easement along the east and west property lines and also along the south property line. Mayor Laurent responded that this was purely standard procedure in Shakopee. Mr. Susink asked about condition #2 , park dedication fee. He stated that the Church would be an asset to the community and asked why the need to pay the park dedication fee. Mr. Ekola stated that only one other church had to pay the park dedication fee. Since the others were built on unplatted property, park dedication fees were not required. Jane Carlson, member of the Church, asked whether or not the developer would need to pay the park dedication fee. Mr. Ekola stated that he did not know at this time who paid the fee and would need to research that. Cncl. Lynch brought up the comparison of St. Francis hospital being an asset to the community, however, park dedication fees were not waived for them. Cncl. Dirks suggested since the church would be having playground equipment could that be used as a credit towards the park dedication fee. Mayor Laurent directed staff to check on building permits for past churches to determine whether or not park dedication fees were paid and bring the information back to Council. Mr. Susink asked about condition #3 , noise mitigation, and referred to a letter from the Minnesota Pollution Control Agency, dated January 4 , 1994 , which stated that noise completion is not an improvement of this structure. Mr. Ekola commented on the Planning Commission's discussions on this issue and stated that if there was a break in the noise mitigation system that would affect adjacent land uses. Mr. Susink explained another concern for the church was that with the bypass coming along their property there was already a 15 foot drop off to the highway and therefore, the visibility of the church to the community would be adversely impacted by the construction of a berm. Mayor Laurent suggested that Mr. Susink look into the actual costs of grading and berm construction. 15, 1994 Official Proceedings of the FebruaryFebe a - Shakopee City Council Mr. Susink asked_ about condition #2A, five foot sidewalk along the south side. He sta d that the rie sidewalkHe was cone ern dbe ry forlthe safety ose to the holding pond locatedon the of the children. Mr. Hutton stated the pond is existing for stormwater t r detenevertionn from Vierling Drive, but currently it is a dry pond. pond will be containing 4 feet of wet storm. He suggested that the church should consider deepening the pond. Mr Hutton stated that the sidewalks are being put along this road on both sides of the street due to current policy to have sidewalks along Collector streets. Mr. Ekola commented on the grading of the pond and further safety precautions. ere may not Norm Li vai Limestone poutaDlsidewalk along theve, stated that hholding pnd.be enough landand availablep Mr. Hutton commented that the dist alk is on the north side of Vierling Drive along the Mr. Ekola commented that State law enables the City of Shakopee to require sidewalk approval. Mr. Stock commented on the church on CR-17 and stated that property was platted with policies in place and did not require sidewalks as part of the subdivision. Beard/Sweeney offered Resolution No. 3953 , A Resolution Approving the Preliminary Plat for Calvary Addition, and moved its adoption. Cncl. Sweeney stated that before the final plat is adopted he would like more information from staff about reconstruction of the pond, if necessary, and about the sidewalk. Motion carried unanimously. Regarding the rezoning of property East of 79 nd South eofoMint Circle, Mayor Laurent suggested bringing the reCR-79 to make it a straighter boundary. Mr. Ekola stated that e st ted he request that before traightening the boundary applicant requested. H could be amended and dealt with at the time of mapping. Sweeney/Lynch offered Ordinance No. 371, An Ordinance of the City of Shakopee Amending the Zoning Map to Rezone a 21. 85 Acre Site on the East Side of County Road 79 and South of Mint Crclemovefrom Agricultural (AG) to Urban Residential (R-2) , andadoption. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 3951, aAdResolution on Appropproving in the Preliminary Plat for Homestead Ridge, Motion carried unanimously. Official Proceedings of the February 15, 1994 Shakopee City Council Page -4- Mr. Ekola gave a presentation on the Eagle Creek Bluff PUD. He stated that the- applicants are requesting a park dedication credit with the approval of the PUD, however, the Planning Commission did not make a recommendation to the Council. He stated that a condition needed to be added stating, "40 percent park dedication credit shall be applied to the park dedication fee requirements per Section 11. 40 of zoning ordinance subject to the following provisions: 1. Applicant shall construct a ten foot bituminous walkway along the trails. 2 . Applicant shall contract a four foot wide wood chip trail in outlots and 3 . Home Owner's Association would be responsible for maintenance to these trees along the trails. " Cncl. Sweeney asked whether the trails would be accessible to the public and not restricted to Home Owners. Mr. Ekola stated that two trails along Eagle Creek Bluff Avenue would be constructed in the public right of way and accessible. The wood chip trail would be a continuation of the system that's being developed in Savage and being dedicated as park land through the plat. • Dennis Griswold, developer, asked whether the ten foot bituminous along the Collector street was City standard. Mr. Ekola commented that originally the standard was eight feet, • but recently was upgraded to ten feet for pedestrian facilities. Cncl. Sweeney stated the DNR trails are 8 feet of hard top on 12 foot easement. Beard/Lynch offered Resolution No. 3943 , A Resolution Approving the Preliminary and Final Development Plans for the Eagle Creek Bluff Planned Unit Development, including the portion added by Mr. Ekola, and changing the 10 foot trail to 8 feet, and moved its adoption. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 3941, A Resolution Vacating That Portion of the Alley Lying North of Lots 3 , 4 , and 5, Block 30, Shakopee Plat, and moved its adoption. (Motion carried under consent business. ) Lynch/Sweeney moved to adopt a policy requiring a 3 day time frame to allow staff to review submittals. (Motion carried under consent business. ) Sweeney/Lynch moved to approve the three year lease with Minnesota Valley Restoration Project for Murphy's Landing, as drafted. Cncl . Dirks stated that she would like to see the people living at Murphy's Landing who are in violation and are nuisances be out before May 1, therefore allowing time to repair buildings and replace missing artifacts, transient persons without leases in buildings without utilities. Ms. Marty stated the May i deadline was used to allow Murphy' s additional time if they need time to use the Court procedures to Official Proceedings of the February 15 , 1994page -5- Shakopee City Council get people off their property. She stated the May 1 date is the absolute latest date to be used. Ms. Marty if thele e dote was as shortened and there was not ample time to get violating eo o the lease. property there would be a chance of Murphy t and Cncl. Dirks commented of the lease stating th t the restaurant should maintenance sectionshould maintain their own garbage collection. Mr. Stock stated that the City is not currently providing any garbage pickup at the site, it is being handled by a private hauler. Mr. Hutton stated that garbage pickup in the city parks is done by the City, but the rest of the City is contracted out, including City buildings. Mr. Hutton asked about the City mowing the grassy areas impactaon hist Murphy's, g e to view bud et and how extensive g the ating that he has not had a rasscmowinge will the be. Cncl. Dirks stated that Murphy's has an agreement with Toro and they mow the lawn at no charge. Sweeney/Lynch moved to amend the lease to provide that on Page 2 , # C, that the lessor shall grade, maintain, and plow all streets as determined by lessor; lessor shall provide garbage collection for the facility with the exception of the restaurant/catering business; the lessor will oversee the mowing being done by Toro; and the date of May 1st for the removal of any nuisances be changed to April 15th. Motion carried unanimously. is the al Ms. Marty commentedtheahat two exhibits entire property are and missing, one that desciption ofspecifically identifies the apartment units. Motion carried unanimously on main motion as amended. Lynch/Sweeney moved to direct staff to terminate all efforts for completing the McKenna Road Project in 1994 and additionally to notify the Mdewakanton Sioux Community of this tion ncas as it f fects s any future offers from the Community. consent business. ) Lynch/Sweeney moved to amend the current hepatitis B vaccination policy to include all Public Works employees who are regularly assigned to sewer maintenance activities. (Motion carried under consent business. ) Lynch/Sweeney moved to approve of the following interfund transfers for 1993 : From To MEBCO Cap. Proj . Fund 1989A GO TIF Debt Service $58, 408 . 00 TIF Trust Fund 1988B GO TIF Debt Service 118, 000 . 00 TIF Trust Fund 1989A GO TIF Debt Service 351, 000 . 00 TIF Trust Fund 1992B GO TIF Debt Service 1, 100 . 00 Official Proceedings of the February 15, 1994 Shakopee City Council Page -6- TIF Trust Fund 1993C GO TIF Debt Service 13, 000. 00 TIF Trust Fund 1986B GO TIF Debt Service 40, 497 . 59 TIF Trust Fund 1986B GO TIF Debt Service 31,497 . 01 TIF Trust Fund 1986E GO TIF Debt Service 9,934 . 56 TIF Trust Fund 1986B GO TIF Debt Service 113 , 070. 84 TIF Trust Fund 1987A GO TIF Debt Service 106, 203 . 04 TIF Trust Fund 1987A GO TIF Debt Service 244 ,796. 96 TIF Trust Fund 1986A GO TIF Debt Service 207 , 000. 00 (Motion carried under consent business. ) Lynch/Sweeney moved to approve bills in the amount of $362, 427. 39. (Motion carried under consent business. ) Mr. Hutton stated that staff had received a petition from the property owners to extend Viking Steel Road as well as an unnamed street just west of that. He stated that the Planning Commission has tabled the Prairie Bend PUD with concerns of only one access off 4th Avenue and there would be long cul-de-sacs with one access point coming in. Mr. Hutton suggested that Council direct staff to do a feasibility report but only at such time the PUD is approved. Cncl. Sweeney suggested running Viking Steel Road through to Hwy. 101. Mr. Hutton commented that the State statute on 429 assessment project requires a petition from 35 percent of the abutting property owners. The owner of this property makes up more than 35 percent and therefore this is a valid petition. Sweeney/Lynch offered Resolution No. 3957, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Improvements to Viking Steel Road, 4th Avenue to County Road 16; An Unnamed Street just West of Viking Steel Road, 4th Avenue to County Road 16; and 4th Avenue, Between Shawnee Trail and Viking Steel Road and moved its adoption. Mr. Johnson, Developer, commented on the positive working relationship with the City staff. He suggested Council look at renaming Viking Steel Road, since it sounds too commercial. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a break at 9 : 32 PM. Mayor Laurent reconvened the City Council meeting at 9 :45 PM. Discussion ensued on the downtown alley improvements. Mayor Laurent asked about the light posts being steel versus concrete in the alleys. Mr. Hutton explained this was for maintenance reasons. He stated that the salt used in the winter months ruined the concrete pole bases . Official Proceedings of the February 15, 1994 Shakopee City Council Page -7- Mayor Laurent suggested adding pedestrian street lights in the alleys. Mr. Hutton commented that the smaller, decorative lights cost around $1800 each that thed ther problem be paying would morpoles. He stated e for the coloring of the alley. Mr. Stock commented that the CDC liked the idea of the property owners putting fixtures outside of their buildings to match a common fixture ra the Citycosts. eligible for the Rehab Grant gam He also stated that pavers were suggested by the CDC. Mr. Hutton stated that the snowplows would ruin the pavers. Jon Albinson suggested using bituminous in sections of concrete creating a visual invitation to pedestrians. Mayor Laurent stated that a walkway in an alley should not be down the center since there are vehicles that travel there also. Cncl. Dirks suggested that the property owners be encouraged to upgrade their backdoors. Mr. Hutton stated that the walkway should go along the edge of the alley since the drainage for the water would be down the middle. if ourr Laurent used commented a that ayre is 12 feet to an alley this would not leave enough room four feet were used f for a truck to pass and could create problems. Lynch/Sweeney moved to direct staff to pave the alleys with asphalt. Motion carried unanimously. Dirks/Lynch moved to direct staff to utilize steel poles and existing light fixtures and replace old poles in the parking lots. Motion carried unanimously. Mayor Laurent suggested to staff to provide more incentives to the property owners to provide more lighting on their buildings in the alley. Ms. Marty stated that the requirementslicant for at this timeense is not in compliance with insurance Beard/Lynch moved to approve the applic u on com ion and lgrant ent a t ttoo license to Loretta Leaf, 205 S. Lewis, p P insurance requirements . Motion carried unanimously. Ms. Marty stated that when the city received the Certificate of Insurance from Body Art for a tattoo license they were in compliance with the City Code insurance requirements . However, since the policy has been reviewed it has been found to not be in compliance with City Code. Based on the state agencies, there is no professional liability insurance available for tattooing. Ms. Marty stated the only insurance available is out of California Official Proceedings of the February 15, 1994 Shakopee City Council Page -8- which doesn't comply with the code requiring using a Minnesota company. Sweeney/Beard moved to direct the City Attorney to prepare an ordinance amending the insurance requirements for a tattoo license to allow surplus lines carriers for professional liability. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 3955, A Resolution of Appreciation to the Shakopee American Legion Post #2 , for their contribution of $5, 000 for new playground equipment at Veterans Memorial Park, and move its adoption. (Motion carried under consent business. ) Lynch/Sweeney offered Ordinance No. 372, An Ordinance Amending City Code Chapter 2 , Administration and General Government, by Repealing Sec. 2 . 50, Boards and Commissions Generally Except the Shakopee Public Utilities Commission and Adopting One New Section in Lieu Thereof, and moved its adoption. (Motion carried under consent business. ) Lynch/Sweeney offered Resolution No. 3959, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee American Legion Post #2 , and moved its adoption. (Motion carried under consent business. ) Sweeney/Dirks moved to direct staff to prepare a feasibility report on the extension or improvement of Viking Steel Drive from 4th Street to Hwy. 101. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 3956, A Resolution Ordering the Preparation of a Report on an Improvement to County Road 16, Between County Road 17 and County Road 83 , and moved its adoption. (Motion carried under consent business. ) Lynch/Sweeney offered Resolution No. 3958, A Resolution Receiving a Report and Calling a Hearing on Improvement to Vierling Drive, from County Road 15 to Polk Street, Project No. 1994-7, and moved its adoption. (Motion carried under consent business with Mayor Laurent abstaining. ) Lynch/Sweeney offered Resolution No. 3946, A Resolution Receiving a Report and Ordering Plans and Specifications for 11th Avenue Storm Sewer Laterals, Project No. 1994-6, and moved its adoption. (Motion carried under consent business. ) Lynch/Sweeney moved to direct staff to review the Storm Drainage Policy and current fee schedules and to bring back to City Council any recommended changes. (Motion carried under consent business. ) Lynch/Sweeney offered Resolution No. 3960, A Resolution Setting a Reassessment Hearing for 2nd Avenue, Between Sommerville Street and Naumkeag Street and various abutting cross streets, Project No. 1991-3 , and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the February 15, 1994 Shakopee City Council Page -9- Sweeney/Beard moved that Mayor Laurent would support the election of members of Metropolitan Council and report that to the City' s Legislative representatives. Cncl. Beard stated he would speak against the motion. • Cncl. Lynch stated that at this time she was leaning against an elected Council. Cncl. Dirks commented that since shedoesnot have enough she wuld be abnlfrommaking recomendation at this time information to make a decision. Motion failed with Cncl. Sweeney for the motion and Cncl. Dirks abstaining from the vote. f� Mayor Laurent adjourned the meeting. Meeting adjourned at 10: 17 PM. - • a• W • ith S. Cox • ty Clerk • Debra Zabel Recording Secretary CONSEN a2 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Service Agreements DATE: March 3, 1994 Introduction Attached are revised fire service agreements for Council review. Background Attached are fire service agreements for Jackson and Louisville Townships as revised by the City Attorney pursuant to a joint meeting with the townships on fire services. The major change in the agreements is the notification of cancellation requirements. Minor changes are included based on an article in the League magazine. on fire service agreements. Council authorization for the appropriate city officials to execute the agreements contingent on township approval of the agreements is requested. Action Requested Move to authorize the appropriate city officials to execute fire service agreements with Jackson and Louisville Townships contingent upon township approval of the respective agreement. FIRE SERVICE AGREEMENT This agreement, made and entered into this day of , 1994 , by and between the City of Shakopee, a municipal corporation in Scott County, Minnesota, with offices located at 129 S . Holmes St . , Shakopee, MN 55379, hereinafter referred to as the "City" , and the Township of Jackson, a governmental subdivision in Scott County, lying adjacent to the City of Shakopee, with offices at , hereinafter referred to as the "Township" . WHEREAS, the Township deems it advisable to have available for the benefit of its residents, services of the Fire Department of the City, and WHEREAS, pursuant to law, the electors of the Township have provided a fund for such services, and WHEREAS, the City has authorized its Mayor, City Administrator, and City Clerk to enter into a contract with the Township for the purpose of furnishing such fire services . NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY OF SHAKOPEE AND THE TOWNSHIP OF JACKSON AS FOLLOWS : 1 . That the Fire Department of the City will answer any and all fire calls for any area within the Township. Unless otherwise engaged or prevented by reasons or causes beyond control of the City and its Fire Department, the Fire Department will respond to such calls with suitable fire- fighting apparatus manned by at least three members of the Shakopee Fire Department who will render assistance in the saving and preservation of life and property within the Township during the life of this contract . 2 . In consideration of these services, the Township will pay a stand-by fee to the City for such services each year during the life of this contract . The stand-by fee shall be the Township' s proportionate share of the costs of operating the City' s Fire Department for that calendar year. Such costs will include (a) the costs included in the City' s General Fund Budget including officer salaries and the cost of operation and maintenance of a second fire station (but not the cost of acquiring the land or constructing the fire station) , less any firefighter salaries to be paid for actual fire calls and less any expenses for motor fuels and lubricants and (b) the Debt Service costs related co the Fire Department . The stand-by fee will be determined on the basis of each participating governmental unit' s assessed valuation, including mobile homes, before the fiscal disparities contribution and before tax increment adjustments . The stand-by fee for each unit shall be that unit' s percentage share times the total costs as described above. The stand-by fee for each year will be adjusted to reflect actual costs of operation for the prior year. 3 . The Township also will pay to the City a call-out fee which shall be determined by multiplying the Fire Department hourly billing rate times the average number of fire call hours of service provided to the Township over the previous three years . Each call is a minimum of one hour and the length of the call increases in one hour increments . The hourly billing rate for 1994 shall be $196 . 00 per hour and is designed to recover the variable cost of fuel and hourly wages . The hourly rate is subject to future adjustment by the City. 4 . The Township will pay the total fee in two equal installments . The total fee for each year will be determined in February by the City' s Treasurer and notice of the total fee will be mailed to the Township along with a copy of the City' s Fire Department Budget . Payments shall be due on July 1 and December 1 of each year. If payment is not made by such date, this contract shall automatically be null and void on the following day. 5 . It is mutually understood that at times weather and road conditions can and will interfere with the rendering of fire services, and the Fire Department also could be previously engaged, and in which event failure to furnish the service described herein shall not be taken to be a breach of this agreement, nor shall the City be liable on account of such failure to provide fire service . 6 . The duty to provide service is to the public generally and not to specific groups or individuals . 7 . Firefighting tactics are within sole discretion of the Fire Chief and Firefighters . 8 . The Township for itself and its inhabitants will defend, indemnify, and hold the City harmless from any and all claims, actions or causes of action that might or could arise by virtue of the terms of this agreement and any failure, omission or malfunction hereunder. 9 . This contract shall continue in force and effect until terminated by either party upon advance written notice . The City shall give five years' notice prior to terminating this contract ; the Township shall give one year' s notice prior to terminating this contract . 10 . This cntract shall be reviewed on an annual basis by both parties and may be amended in writing by mutual consent . 2 Executed the date and year first above written. The Township of Jackson The City of Shakopee By By Chairman Mayor By By Clerk City Administrator By • City Clerk [1MEMO] 3 FIRE SERVICE AGREEMENT This agreement , made and entered into this day of , 1994 , by and between the City of Shakopee, a municipal corporation in Scott County, Minnesota, with offices located at 129 S . Holmes St . , Shakopee, MN 55379, hereinafter referred to as the "City" , and the Township of Louisville, a governmental subdivision in Scott County, lying adjacent to the City of Shakopee, with offices at , hereinafter referred to as the "Township" . WHEREAS, the Township deems it advisable to have available for the benefit of its residents, services of the Fire Department of the City, and WHEREAS, pursuant to law, the electors of the Township have provided a fund for such services, and WHEREAS, the City has authorized its Mayor, City Administrator, and City Clerk to enter into a contract with the Township for the purpose of furnishing such fire services. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY OF SHAKOPEE AND THE TOWNSHIP OF LOUISVILLE AS FOLLOWS : 1 . That the Fire Department of the City will answer any and all fire calls for any area within the Township. Unless otherwise engaged or prevented by reasons or causes beyond control of the City and its Fire Department, the Fire Department will respond to such calls with suitable fire- fighting apparatus manned by at least three members of the Shakopee Fire Department who will render assistance in the saving and preservation of life and property within the Township during the life of this contract . 2 . In consideration of these services, the Township will pay a stand-by fee to the City for such services each year during the life of this contract . The stand-by fee shall be the Township' s proportionate share of the costs of operating the City' s Fire Department for that calendar year. Such costs will include (a) the costs included in the City' s General Fund Budget including officer salaries and the cost of operation and maintenance of a second fire station (but not the cost of acquiring the land or constructing the fire station) , less any firefighter salaries to be paid for actual fire calls and less any expenses for motor fuels and lubricants and (b) the Debt Service costs related to the Fire Department . The stand-by fee will be determined on the basis of each participating governmental unit' s assessed valuation, including mobile homes, before the fiscal disparities contribution and before tax increment adjustments . The stand-by fee for each unit shall be that unit' s percentage share times the total costs as described above . The stand-by fee for each year will be adjusted to reflect actual costs of operation for the prior year. 3 . The Township also will pay to the City a call-out fee . Each call is a minimum of one hour and the length of the call increases in one hour increments . The hourly billing rate for 1994 shall be $196 . 00 per hour and is designed to recover the variable cost of fuel and hourly wages . The hourly rate is subject to future adjustment by the City. The Township also shall pay a $10 . 00 service fee for each fire call, to cover the cost of invoicing. 4 . The Township will pay the total fee in two equal installments . The total fee for each year will be determined in February by the City' s Treasurer and notice of the total fee will be mailed to the Township along with a copy of the City' s Fire Department Budget . Payments shall be due on July 1 and December 1 of each year. If payment is not made by such date, this contract shall automatically be null and void on the following day. 5 . It is mutually understood that at times weather and road conditions can and will interfere with the rendering of fire services, and the Fire Department also could be previously engaged, and in which event failure to furnish the service described herein shall not be taken to be a breach of this agreement, nor shall the City be liable on account of such failure to provide fire service . 6 . The duty to provide service is to the public generally and not to specific groups or individuals . 7 . Firefighting tactics are within sole discretion of the Fire Chief and Firefighters . 8 . The Township for itself and its inhabitants will defend, indemnify, and hold the City harmless from any and all claims, actions or causes of action that might or could arise by virtue of the terms of this agreement and any failure, omission or malfunction hereunder. 9 . This contract shall continue in force and effect until terminated by either party upon advance written notice . The City shall give five years' notice prior to terminating this contract; the Township shall give one year' s notice prior to terminating this contract . 10 . This contract shall be reviewed on an annual basis by both parties and may be amended in writing by mutual consent . 2 Executed the date and year first above written. The Township of Louisville The City of Shakopee By By Chairman Mayor By By Y Clerk City Administrator By City Clerk (1MEMO] 3 111,111 SCOTT COUNTY �.,, �� 4`, SERVICES �� COURTHOUSE 300 HUMANS 428 S. Holmes St. SHAKOPEE, MN 55379-1375 (612) 445-7751 FAX# (612) 496-8430 EILEEN G. MORAN-Human Services Director MEMORANDUM DATE: February 17, 1994 TO: Police Chiefs and St. Francis Regional Medical Center FROM: Tan Behr, Social Services Manager SUBJECT: Dakota County Receiving Center - Contract Renewal Transportation Rate Increase We have renewed the contract between Scott County Human Services and Dakota County Receiving Center for the provision of detoxification services effective January 1, 1994, through December 31, 1994. The contract reflects an increase in the cost for transportation. The rate will increase frau $52 to $53 per ride. Enclosed please find a revised Billing Agreement for your signature. Please sign where noted and return by February 28, 1994, to: Judi Holin, Contract Coordinator Scott County Human Services Courthouse 300 428 South Holmes Street Shakopee, Minnesota 55379-1375 If you have any questions, please feel free to contact me at 496-8120. • Enclosure RECOMMENDED ACTION: Move to authorize the appropriate city officials to execute the billing agreement dated March 8 , 1994 from Scott County Human Services providing for payment of $53 . 00 a trip for transportation of detoxed persons to Dakota County Receiving Center in Hastings , Minnesota. An Equal Opportunity'Affirmative Action Employer SCOTT COUNTY 11111 HUMAN SERVICES COURTHOUSE 300 428 S. Holmes St. SHAKOPEE, MN 55379-1375 (612) 445-7751 FAX# (612) 496-8430 EILEEN G. MORAN -Human Services Director BILLING AGREEMENT The City of Shakopee, Minnesota agrees to reimburse Scott County Human Services fifty-three dollars ($53.00) per transport for each person that is transported by a driver from the Dakota County Receiving Center in Hastings to that facility at the request of a Shakopee police officer. The City shall not be charged when the driver in the transport is a Scott County Sheriff's Reservist. Reimbursement shall be made within thirty (30) days. The City's responsibility and liability for the transport and any actions occurring during the transport shall be limited payment for the transport as described above. We understand that a $53.00 transport charge is incurred each time a driver ficin the Dakota County Receiving Center is utilized. Either party may terminate this agreement for any reason at any time upon sixty (60) days' prior written notice. SCOTT COUN Z HUMAN SERVICES CITY OF SHAKOPEE, MINNESOTA Eileen Moran Mayor Human Services Director City Administrator City Clerk Date: /�/AnF1 � / l 9 V An Equal Opportunity'Affirmative Action Employer /1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vierling Drive, Project No. 1994- DATE: March 2, 1994 INTRODUCTION: Attached is Resolution No. 3966, which orders an improvement and plans and specifications prepared for Vierling Drive, between Adams Street and Presidential Lane. BACKGROUND: On December 21, 1993 the City Council of Shakopee ordered a feasibility report prepared for street improvements to Vierling Drive from Adams Street (County Road 15) to Polk Street by Resolution No. 3928. The intent of this report was to analyze the construction of Vierling Drive through the proposed subdivisions of South Parkview and Minnesota Valley that are scheduled for construction in 1994 now that the VIP Interceptor is available. In order to evaluate the construction of Vierling Drive within these subdivisions, the report also needed to evaluate the future extension of Vierling Drive west to Trunk Highway 169 and around the Shakopee Town Square Mall. The report evaluated the future extensions and developed several alternative alignments, including maintaining the current alignment of Vierling Drive. Because Vierling Drive is on the Municipal State Aid System, it is desirable for the City to construct the street rather than the developer in order to obtain State Aid money for the City's portion of the costs. The developer would be assessed for the cost of the street equal to a local street design of 36 feet wide and the City would pay for the oversizing costs. If the developer constructs Vierling Drive, State Aid funds are not available for the City's oversizing costs. The feasibility report has been completed and was submitted to the City Council on February 15, 1994 and subsequently a public hearing was scheduled for March 8, 1994. Because the exact alignment of Vierling Drive was not determined by Council, staff was required to notify all property owners that potentially could be assessed, including those properties along existing Vierling Drive. Due to the zonal assessment policy, over 100 property owners were notified of the hearing. Staff will give a presentation on the feasibility report and alignment alternatives at the public hearing. PLEASE BRING YOUR FEASIBILITY REPORT FROM YOUR FEBRUARY 15, 1994 COUNCIL PACKET. In regards to the actual construction, staff is recommending that only that portion of Vierling Drive that is needed for development within the City of Shakopee be constructed at this time. Future extensions of Vierling Drive west of Presidential Lane should be built at such time as development in this area requests it. These future developments are dependent on successful annexations of Jackson Township lands and also approval of MUSA expansions by the Met Council. Attached is Resolution No. 3966, which orders plans and specifications prepared for Vierling Drive, between Adams Street and Presidential Lane. Since this project was not petitioned for, a 4/5 vote of Council will be necessary to order the improvement. ALTERNATIVES: 1. Adopt Resolution No. 3966. 2. Deny Resolution No. 3966. 3. Table Resolution No. 3966. RECOMMENDATION: Staff recommends Alternative No. 1, which orders the project in accordance with the recommended alternative in the feasibility report (Alignment Alternative No. 3). ACTION REQUESTED: Offer Resolution No. 3966, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Vierling Drive, Between Adams Street and Presidential Lane, Project No. 1994-7 and move its adoption. DEH/pmp MEM3966 RESOLUTION NO. 3966 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Vierling Drive, Between Adams Street (County Road 15) And Presidential Lane Project No. 1994-7 WHEREAS, Resolution No. 3958, adopted on February 15, 1994, fixed a date for Council hearing on the proposed improvement of Vierling Drive, between Adams Street (County Road 15) and Polk Street by street construction; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 8th day of March, 1994, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: The construction of Vierling Drive by pavement, curb & gutter, sidewalks and storm sewer between Adams Street (County Road 15) and Presidential Lane in accordance with Alignment Alternative No. 3 outlined in the feasibility report dated February 8, 1994. 2. David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /et. a. • CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary and Final Plat for South Parkview 2nd Addition DATE: February 7, 1994 INTRODUCTION: Mr. Cletus Link has submitted applications for approval of both the Preliminary and Final Plat for South Parkview 2nd Addition. The proposed subdivision is located north of Vierling Drive and west of County Road 15. The area is zoned R-2, Urban Residential. (See Exhibit A.) The proposed plat covers 3.16 acres, and consists of 12 lots. At their February 3, 1994, meeting, the Shakopee Planning Commission recommended to the City Council the approval of the Preliminary Plat of South Parkview, and the Final Plat of South Parkview 2nd Addition, subject to conditions. CONSIDERATIONS: 1. The draft 1990 Comprehensive Plan has designated this area for single family residential development. This land use category allows detached housing on parcels of approximately 9,000 to 12,000 square feet in size. 2. The applicant received preliminary plat approval in 1984. He final platted all of the right-of-way and the northern one-third of the lots as South Parkview 1st Addition. The applicant is now requesting concurrent preliminary and final plat approval for the second phase of the development. The proposed plat is a replat of Outlots B and C of South Parkview 1st Addition. With the approval of a preliminary plat, the applicant is granted a one year time frame in which to file for approval of a final plat for the site. If this plat seems familiar to some of the members of the City Council, this may be because in the spring of 1992 the applicant requested Preliminary Plat approval and approval of the Final Plat for a subdivision by the same name (South Parkview 2nd Addition). The City Council approved the Preliminary Plat on June 16, 1992, but the applicant withdrew his Application for Final Plat approval on July 9, 1992. Approval of this Preliminary Plat expired on June 16. 1993. 3. The applicant originally planned to Final Plat the entire site (Outlots A, B, C, and D). Hov ever, the City is currently in the process of redesigning the alignment of Vierling Drive and recommended to the applicant that he final plat the portion of the site adjacent to Vierling Drive after the new alignment has been determined. 1 4. The northern one-third of the South Parkview subdivision slopes toward the north. This area (the lots platted in the 1st Addition) is served by existing sewer lines which flow to the north. The southern two-thirds of this subdivision slope toward the east and the south. To serve these proposed lots with gravity sewer, an extension of the VIP Interceptor from the east into Tahpah Park was required. The VIP Interceptor has been constructed from east to west as development occurs. 5. As submitted, the developer is proposing to construct all of the streets within the 2nd Addition at one time because no phasing plan has been identified. If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan must be submitted which outlines the schedule and timing for the construction of all of the public facilities. 6. The development contains 12 lots which range in size from 10,010 to 15,200 square feet in size. Four of the lots meet the dimension and area requirements for development with single family homes, and eight of the lots meet the dimension and area requirements for development with two-family dwellings. A condition has been suggested which limits the number of two family dwellings to no more than 10% of the lots. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 7. Northern Natural Gas currently has a gasline within a fifty foot easement which crosses the plat along the rear lot lines of the Lots 1, 2, 3, 4, 5, and 6, and crosses the southerly lot line of Lot 8 in Block 1. The final plat drawing does not show this easement, nor provide the Document Number (40001) for this easement. A revised final plat must be submitted which provides this Northern Natural Gas easement and Document Number. 8. The applicant shows a 35' front yard setback from Monroe Street for the lots on Block 1 on the Preliminary Plat. Since the natural gas line runs along the rear property lines of these lots, the minimum 30 foot front yard setback requirement should be maintained to ensure that the homes are constructed as far as possible from the gas line. A condition has been recommended requiring that the homes to be constructed on Lots 1, 2, 3, 4, 5 and 6, Block 1, be constructed no more than 30 feet from the front lot line. 9. The street along the southern portion of the preliminary and final plat is labeled "13th Avenue". A revised Preliminary Plat must be submitted which reflects the street name change from 13th Avenue to "Vierling Drive." This street name change was approved by Ordinance No. 228 on August 18, 1987. 10. The right-of-way for Quincy Circle was dedicated with the approval of the original Preliminary Plat in 1984. The length of the Quincy Circle cul-de-sac was approved by a variance granted by the Planning Commission. This variance allows Quincy Circle to exceed the maximum cul-de-sac length of 500 feet by 82 feet. This variance was granted due to a design change for Vierling Drive required by the City. 2 11. The Engineering Department has commented that approval of the Final Plat should be contingent upon the approval of the Final Construction Plans by the City Engineer. 12. A condition has been recommended that requires the applicant to submit verification that a NPDES Permit has been received from the Minnesota Pollution Control Agency prior to any construction activity. 13. The Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or building sites are filled. 14. Shakopee Public Utilities has commented that water is available to the plat, subject to their standard criteria. They suggest that the applicant submit watermain plans for a complete review. They have also commented that their records indicate that Lots 3 and 4 of Block 3, and Lots 5, 6, and 7, of Block 2 of South Parkview 1st Addition were not developed. They stated that since the developer for the 1st Addition is the same developer with this addition, the applicant will have to pay the cost share for these lots before power can be extended to South Parkview 2nd Addition. Other than this, their standard terms and conditions apply. 15. The applicant has received a Certificate of Exemption from the Wetlands Act of 1991. 16. Since this development is a replat of Outlots B and C of South Parkview 1st Addition, the park dedication requirement has already been satisfied with the dedication of Outlot E in 1985. 17. There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Preliminary Plat of South Parkview, and the Final Plat of South Parkview 2nd Addition, 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 for Jefferson Street, Monroe Street, and Madison Street: 3 a. Street lighting to be installed in accordance with the requirements of SPUC. b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPUC. d. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. e. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. f. City streets will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 per sign. h. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. i. The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 3. If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 4. A revised final plat must be submitted which provides the gas line easement and its Document Number (40001) for the easement which crosses the plat along the lot lines of lots in block 1. 5. A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive." 6. The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 7. The homes that are constructed upon Lots 1, 2, 3, 4, 5 and 6, Block 1, shall be constructed no more than 30 feet from the front lot line. 8. Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. 4 9. An Erosion Control Plan and report which addresses construction site erosion, and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. 10. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 11. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 12. No Building Permits shall be issued to Outlots A and D, South Parkview 1st Addition, until they are replatted. ACTION REOUESTED: Offer Resolution No. 3954, A Resolution Approving the Preliminary Plat for South Parkview, and the Final Plat for South Parkview 2nd Addition, and move its adoption. • 5 RESOLUTION NO. 3954 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR SOUTH PARKVIEW, AND THE FINAL PLAT FOR SOUTH PARKVIEW 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review both the Preliminary Plat for South Parkview, and the Final Plat for South Parkview 2nd Addition, on February 3, 1994, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for South Parkview, and the Final Plat of South Parkview 2nd Addition, described as Outlots B and C, South Parkview First Addition, 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 for Jefferson Street, Monroe Street, and Madison Street: a. Street lighting to be installed in accordance with the requirements of SPUC. b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPUC. d. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. e. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. f. City streets will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 per sign. h. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. i. The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 3. If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 4. A revised final plat must be submitted which provides the gas line easement and its Document Number (40001) for the easement which crosses the plat along the lot lines of lots in block 1. 5. A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive." 6. The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 7. The homes that are constructed upon Lots 1, 2, 3, 4, 5 and 6, Block 1, shall be constructed no more than 30 feet from the front lot line. 8. Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. 9. An Erosion Control Plan and report which addresses construction site erosion, and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. 10. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 11. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 12. No Building Permits shall be issued to Outlots A and D, South Parkview 1st Addition, until they are replatted. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held i this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney . . • . . , • . • • E)(BIBIT A - i . , • . • •• • F„...... .......:,- „ .,„ ,„ _-,, t i ..... „:....„..... 1,/,‘, :_. , ..._ / --- "\ - ?-1---j -I- , • , ..- , f:. - r''..,-.,..7 -.-- --f--- ---`•-:. 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'9 S to t 311! � 1 'i, . • x_xs 1 ' li ee "i3 �� 1 d 1! 1 $1./1 III .. .- 1111 i;l 1i 1117 i!� !I +if —.1 i 77777773 7113 I i. = s II1E I tE E iliii Z o g • . . < kr_:, • • ,.. • . _ „ _,, . *.. Pi - .j " 11.__4;,-,----;C:=7..:,--------,..7.-.7., �`—a13a_: —--.1�A.Ni.c`J— .I•• �,I ›- • .. - - � \ I W . I , \ \ ' \ `' \ \ \ ,- I ' l 2Y 1 \\ • � �• . `, � \, \ `,�1•� 1 I Li <=t CL i t 1 1 1' \ ,..11 i• - 7. • RtR - ti \\\ \ .,I 10/") 4 ..,::..:..;••.-/''""-s. ‘7\''''''j '\I ;..: 1 Jai i 1 \ __ ---'\- �..�=� L.�-I_. - - p; 1 •,T+ •, 1 • - .. • ill i • . . 1 1' ' 1 1 a afi ll' / f 1 �I 7 i I t 3 59 1 1 a' 11 I i t as 1 li .1111 li I I . a a =wii lla111flh1 I fi as b b I } a i c, i = • ;{ 1 a I i d ihIll it f l; • r a O 1. a i j I 11(1l i s I t 3 E S ii n ' llI] iI iflj CI 11 ig c bo i1 I of 11 Z efa aII N s .. ! U / 11 !! #l'4a Et e_ Q I II h i L-- - -- - - - -- - -- Z '-'"'–er 3;"rsty s NOS :::31" a � 4 �..t�e> div � -r..r.�o•et.e'^sr .- — • • 1 _l'•FtN slat, ,��`. z-tt 1'$3 $!.., ,`/ 0 `^tip ilii Jp.:,i: ._J +a.C? 'v„�2'� / .1 `Aff I (I) -,,?,..7„.11> >E /�1_?+* I 00'01-i— 5 __ 1 -- ir _- it(j \ v L� :i. , e '' j aF I 00.01-'I— I ir i.- �� 3 /� \_ _— T I3:x1ia3-•3;N:717.d ----- ;. ---� ! fib MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Calvary Church DATE: March 2, 1994 INTRODUCTION: Staff is requesting authorization to expend funds to redesign the detention pond along Vierling Drive adjacent to the proposed Calvary Church Project. BACKGROUND: On February 15, 1994 the City Council approved of the preliminary plat for the Calvary Church Project on Vierling Drive. During the discussion on this project, the Church representatives and City Council expressed some concern over the location of the existing stormwater detention pond. Specifically, the Council was concerned over the proximity of the pond to the street right-of-way and proposed sidewalk and also safety concerns regarding the design of the pond. Staff has investigated this pond and feels that the pond should be evaluated and possibly redesigned for the following reasons: A. The pond should be moved further away from Vierling Drive to allow for sidewalk installation and to provide additional comfort level with the safety of the pond by increasing the distance between the pond and pedestrian movements. B. The side slopes of the pond should be flattened and benched to provide increased safety measures. Current pond design standards call for long, gentle slopes with benching as a means to reduce liability exposure rather than utilizing fencing which actually impedes emergency personnel access to the pond. C. The storage volume required of this pond should be re-evaluated to ensure it is large enough for the entire drainage basin tributary to it. D. For water quality measures, a certain amount of dead water storage (2-4 feet deep) is require in order to meet N.U.R.P Standards for pond design. Therefore, the bottom of the pond may need to be lowered to meet this criteria. E. Investigate the pond outlet to possibly connect this up to the new storm sewer pipe that crosses Vierling Drive as part of the Shakopee Bypass. The pond itself is almost entirely on the adjacent property, with only a small portion of the pond located on the Calvary Church property. Given those circumstances, staff does not feel that the Church should be responsible for making the pond improvements, but rather that the City should initiate these improvements or any studies needed. Staff is also recommending to the Planning Commission that the sidewalk installation along Vierling Drive be postponed until the pond has been relocated and that the Church agree to pay for it at the time it is constructed. Staff is also unable to find where a drainage easement was ever conveyed for this pond and so the actual ownership of the pond is in question. Staff will continue to investigate that prior to the March 8, 1994 Council meeting. In talking to the developer of Hauer's Addition, there is also a question as to whether or not the pond is permanent or rather intended to be temporary. All of these issues need to be evaluated prior to making any changes to the pond. Based on the above analysis, staff obtained a proposal from the City's Stormwater Management consultant, Orr-Schelen-Mayeron & Assoc. (OSM), to review the hydraulics and design of this pond. OSM is currently finalizing the City's Comprehensive Stormwater Management Plan. Attached is a proposal from OSM to do the analysis and pond redesign for a total estimated fee of $3,700.00. The actual reconstruction of the pond could be done as a change order to the current Upper Valley Drainageway contract. ALTERNATIVES: 1. Approve the request. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. Because of the number of unresolved issues regarding this pond, staff feels that the City should be responsible for analyzing the merits of this pond. ACTION REQUESTED: Authorize staff to utilize Orr-Schelen-Mayeron & Assoc. to evaluate and possibly redesign the stormwater detention pond along Vierling Drive for an estimated fee not-to-exceed $3,700.00. DEH/pmp CALVARY OAS* Orr Schelen Mayeron& Associates,Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 February 24, 1994 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Mr. Dave Hutton Planners City of Shakopee surveyors 129 East 1st Avenue Shakopee, MN 55379 Re: Calvary Church Pond Project No. 1775.61 Dear Dave: This letter outlines the tasks and the costs associated with preparing the plans and specifications for upgrading the Calvary Church Pond. The plans and specifications provide 100-year flood protection and stormwater treatment efficiencies equal to or greater than National Urban Run-off Program (NURP) standards: Task No. 1: Complete Final Design Hydrologic Analysis. A hydrologic analysis of the Calvary Church Pond watershed will be completed including determining the required storage of the basin to provide flood protection for the 100- year storm event. The estimated cost of this task is $800 and includes surveying minimum building opening elevations in the area. Task No. 2: Complete Water Quality Design Analysis. A water quality analysis of the subwatershed tributary to Calvary Church Pond, as well as the pond itself, will be completed in order to design the stormwater treatment basin to meet or exceed those standards established by NURP. The estimated cost of this task is $600. Task No. 3 Prepare the plans and specifications for upgrading the Calvary Church Pond. This would include costs for reconfiguring the basin to provide a greater clear zone and flatten slide slopes along the Vierling Drive right-of-way. The estimated cost of this task is $2,300. The total estimated cost of providing plans and specifications for upgrading the Calvary Church Pond is $3,700. Equal Opportunity Employer Mr. Dave Hutton February 24, 1994 Page 2 If you have any questions or comments concerning these tasks or the costs associated with these tasks, please do not hesitate to contact me at 595-5767. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Peter R. Willenbring, P.E. Manager, Water Resource Department J:\1775.61\WATER\LEEI LRS\940224.D11 ONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 1994 Set-Up Licenses DATE: March 1 , 1994 INTRODUCTION AND BACKGROUND: Two set-up licenses currently issued to applicants are expiring on March 31st. City Council is asked to renew the set-up licenses for Shakopee Ballroom & Banquet Center, Inc. , 2400 East Fourth Avenue and Fraternal Order of Eagles #4120, 220 West 2nd Avenue. Taxes are current and SPUC bills are current, as required by the City Code. There is no insurance requirement for a set-up license . RECOMMENDED ACTION: Approve the applications and grant a Consumption and Display (Set-Up) License to Shakopee Ballroom & Banquet Center, Inc. , 2400 East Fourth Avenue and Fraternal Order of Eagles #4120, 220 West 2nd Avenue. Th'\ SENTMEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Grant of Easement from Dale Dahlke DATE: February 28 , 1994 INTRODUCTION: Mr . Dale Dahlke would like to give the City a five foot easement along the Southerly line of Parkview First Addition. BACKGROUND: During the platting of Parkview First Addition, the customary 10 foot easements along the parameter of the plat were dedicated to the City. When public improvements were installed by the developer for the subdivision, the watermain was installed three ( 3) feet from the easement line. Mr. Dahlke would like to convey an additional five (5) foot easement to the City in the event that there is ever a need for maintenance. This would give the City a total easement of 15 feet with eight feet North of the actual watermain in which they could work if need be. (See attached exhibit. ) This would also eliminate any potential objections from property owners if the City needs to intrude into this additional five foot easement. The Public Works Director is receptive to receiving this additional easement in case the watermain ever needs to be dug up. The City Attorney has recommended that the City Council authorize acceptance of the easement. Although we do not always get their approval , the easement is cleaner and the title clearer if we do. RECOMMENDED ACTION: Move to accept an additional five foot easement from Mr. Dahlke and other property owners lying ten feet North of the Southerly boundary of Parkview First Addition for utility purposes. 111111111111 . '. M.6Z,£4.0N •5:9'IZ1 . . N •.1 r„ :0 P. i O S t + S a g 'a S 1 _ I ig t • 1 = Z * t * = *• ••i • - i1 `'..`•• �4 _PM. r F •. • .1rk•.`�Q4Z C r ��� • 1332i1S tl311iW —«» ...-_• `ra," --.K=--sa..--fi----..---. W '% ! — -- )sem t = € _ 1 t a 73 Z -7Fr7•--- .1= N a . 1r A i0 0 z ,a •41 - .. 4i ' k ' i�� s• ir r • f t.s ta. t. i r1 I. ,`� > co _ = •• 'L--`- -- `t•- e'S l'• •.��-'� ..- , , J1.1= j z c /Noff ;: I b % res- t s �.•If -s•_?, • i y: am. .r j• a .• J i .•: 2 r•..r ...0-J.M Y — t.li �t -- __ N. r-_-_ -------1 Cr y)t ;� • J 1: W z` = J • J N it i t t 2.� N� W „ - i £ ' ;4• di _; r: rr- Cr :i� 1 ! — - L_-!133a1S — s Q 1;: : 1S_ 1 f"" e s ..s.s. i :'i •..fi, ``+..•. 4... 3Swva ' aa: lit i•r • . * • �i •..u^ ': = I • } i i +1t = I i jai i 11 :II i . 1!:., - ' SOI 1� I 1. ......115F442.4 i 4!F6GAL££11:07 WITS. • 3.6 ipt.68N I --Or••.i•a s.. Si 11.....,•n 9690 a y -—— (OVOd 1 YH3 VM) LI'ON 14-Y5'3 .vr•.-..•••— --- M.94L£.0N £11129 /32) MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendment to Developers Agreement for Valley Park Eleventh Addition DATE: March 2, 1994 INTRODUCTION: The City has received a request from the developer of Valley Park Eleventh Addition to amend the developers agreement. BACKGROUND: The developers agreement for Valley Park Eleventh Addition as signed and recorded provides that the developer place 10% of the estimated cost for the Plan B improvements (City build and assess) on deposit with the City. This is payment option 1 in the agreement. The developer would like to amend the developers agreement by changing to payment option 3 which is depositing a letter of credit in the amount of 25% of the estimated cost for the improvements. (Option 2 , which is the most popular among developers, is no deposit with accelerated assessment payments. The accelerated payments are equal to 150% of each special assessment due. In essence, after 2/3rds of the lots have paid 150%, the balance of the assessments are paid. ) The three payment options available insure that a developer won't sell the desirable lots and not pay taxes and special assessments on the lots he can't sell . The developers agreement allows the City to draw on the money (from any of the options) for unpaid special assessments. The City has never taken a position that one payment method is preferable over another and has always allowed the developer to select the option he desires. Staff is unaware of any reason why the request to change payment options should be denied. ALTERNATIVES: 1 ] Approve request 2 ] Deny request RECOMMENDED ACTION: Move to authorize the appropriate city officials to execute an amendment to the developers agreement for Valley Park Eleventh Addition, Section VII , F, by changing from payment method one to payment method three and authorize appropriate refund of deposit under payment method one. •Vaiicy icon BUSINESS PARK February 28, 1994 Ms. Judy Cox CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Re: Developer's Agreement Amendment Valley Park 11th Addition Dear Judy: In 1993, Valley Green Business Park Limited Partnership entered into a Developer's Agreement with the City of Shakopee for Valley Park 11th Addition. The developer was required to choose one of three alternatives under Article VII, Paragraph(F)to provide security to the City of Shakopee for the Plan B, Chapter 429 improvements made on behalf of Valley Green. We chose Method No. 1, which required the developer to submit an $80,000 cash payment to the City, which is being held subject to our performance of the Agreement. - Enclosed is an"Amendment to Developer's Agreement," which we had drafted by our attorneys at • - Best & Flanagan. This Amendment provides for amending the Developer's Agreement under. Article VII, Paragraph (F)to payment Method No. 3. This alternative would provide for a Standby Letter of Credit in favor of the City of Shakopee as the collateral for performance of the Agreement. By this letter, we are requesting City Council action to amend the Valley Park 11th Addition Developer's Agreement to accommodate this change. Attached is a copy of the Letter • of Credit we currently have with the City of Shakopee for Canterbury Park 2nd Addition, which is the same format we would use to provide a Letter of Credit on the Valley Park 11th Addition. Norwest would continue to handle our Letter of Credit requirements under-this request also. Dave Hutton had estimated the Letter of Credit at $200,000, if we had originally chosen payment Method No. 3. Now that we have the actual costs for this project available, and based on the fact we recently made two payments to the City payable against that contract, one in the amount of $266,123.06 and the second in the amount of$56,521.01, the Letter of Credit requirements should be substantially less than the earlier estimated $200,000. 5240 Valley Industrial Boulevard South•Shakopee, Minnesota 55379•Telephone: (612) 445-9286• Facsimile: (612)445-9372 0 Ms. Judy Cox Page Two February 28, 1994 Please let me know what the Letter of Credit amount should be. I am forwarding a copy of this correspondence to Dave Hutton for his purposes in estimating the Letter of Credit requirements. Assuming this request is acceptable, we would expect that, upon Council's action, the Letter of Credit will be forwarded to the City. At that time, the $80,000, plus accrued interest, will be returned to us. We would appreciate Council's action on this at their meeting of March 15. Please let us know if there are additional items you would like us to accommodate to provide for this request. Respectfully, L Y GREEN BUSINESS PARK Jo R. Albinson P oject Director JRA:jmc Enclosure cc: Dave Hutton AMENDMENT TO DEVELOPER'S AGREEMENT This Amendment to Developer's Agreement is made and entered into as of this day of , 1994 , between the City of Shakopee, a Minnesota municipal corporation (the "City") , and Valley Green Business Park Limited Partnership, a Minnesota limited partnership (the "Developer") . RECITALS 1. The City and Developer entered into a Developer's Agreement dated March 11, 1993 , filed July 27 , 1993 as Document No. 64952 in the office of the Registrar of Titles, Scott County, Minnesota. 2 . The City and Developer desire to amend the Developer's Agreement to change the method of payment of the cost of Plan B Improvements as set forth in Article VII of the Developer's Agreement. AGREEMENT NOW, THEREFORE, the City and Developer hereby agree that Article VII, paragraph (F) is amended to read as follows: (F) Payment Method Selected City approved payment method No. Three (3) . Dated this day of , 1994 at Shakopee, Minnesota. CITY OF SHAKOPEE By Gary L. Laurent Mayor By Dennis R. Kraft 1 City Administrator By Judith S. Cox City Clerk NSERi ,JO MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler) l.I SUBJECT: Consenting to MWCC Easement `" DATE: March 2, 1994 INTRODUCTION AND BACKGROUND: The City has received a request from Metropolitan Waste Control Commission to consent to an easement that they are obtaining . BACKGROUND: The City has a 70 foot trail easement along the Northerly portion of a lot in Prairie House 1st Addition. MWCC is in the process of acquiring a 10' easement within the easement in order to construct an underground electrical service for the purpose of providing cathodic protection services for its sanitary sewer interceptor near the Blue Lake Wastewater Treatment Plant. The consent form is identical to the one MWCC used (and approved by the City Attorney) in January when they asked for the City' s consent to an easement overlapping a city easement from Burmahi, Inc. in the Halo Addition. In addition, MWCC has agreed to add language to the consent form agreeing to repair the trail construction if it is disturbed due to maintenance. (The actual trail has not been constructed at this time. ) With the addition of language addressing restoration of the trail if disturbed, staff is unaware of any reason to deny consenting to the MWCC easement. ALTERNATIVES: 1] Consent to easement 2 ] Do not consent to easement RECOMMENDED ACTION: Move to authorize the proper city officials to execute a Consent Of Trail Easement Holder To Utility Easement as requested by the Metropolitan Waste Control Commission (MWCC) for Outlot A, Prairie House 1st Addition. Metropolitan Waste Control Commission ��``!� Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 -- — — — ---- — 612 222-8423 February 24, 1994 Ms. Judy Cox City Clerk City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Consent of Trail Easement Holder to Utility Easement MWCC Project Number 910539 MWCC Parcel Number 2 Dear Ms . Cox: The Metropolitan Waste Control Commission (MWCC) is in the process of acquiring an easement for the above referenced project from the owner of property on which the City of Shakopee has a Trail Easement. Enclosed is a copy of the survey sketch showing the location of the City' s easement in relation to the easement being acquired by the MWCC. The purpose of the MWCC easement is to construct an underground electrical service for the purpose of providing cathodic protection services for its sanitary sewer interceptor near the Blue Lake Wastewater Treatment Plant. The purpose of this letter is to request that the City consent to the Utility Easement by signing the enclosed document. Please call me at 229-2147 as soon as possible if you have any questions or need further information in order to consider this req - -t. .i191011- son Real - pecialist cc: : . Hanson, MWCC Enclosures CLJ: sma Equal Opportunity/Affirmative Action Employer ow tut D2 ►9Ia - Parcel No. 2 __--- Abstract CONSENT OF TRAIL EASEMENT HOLDER TO UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned being the holder and owner of a trail easement dated December 30, 1985, and recorded October 31, 1986, as Document No. 225798 in the office of the County Recorder in and for Scott County, Minnesota, covering the premises lying and being in Scott County, Minnesota, and described as Outlot A, Prairie House 1st Addition, Scott County, Minnesota, in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the execution and delivery of that certain easement between the owner of said property and the Metropolitan Waste Control Commission, a duly constituted Metropolitan Agency created and organized pursuant to Minnesota Laws 1975, Chapter 13, Minnesota Statutes §473 . 503, to wit: A permanent easement for utility purposes over, under and across the North 10.00 feet of the West 465. 00 feet of said Outlot A, and the West 10.00 feet of said Outlot A, lying Northerly of the Westerly extension of the South line of Outlot D, said Prairie House 1st Addition. IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this day of , 19_ SEAL City of Shakopee A Minnesota Municipal Corporation By Its Mayor By Its City Administrator By Its City Clerk -1- - - . . .—r v v v I V I 1 I v 1 L L I I V I SCOTT COUNTY,MINNESOTA 1 rn.,t I E----6se-,A.E1.i . .•••,-.,._,_ I k 70• :-...A5,...z0.ti•w '..my• I 778 A \ ( 1 s4Tlu.rr-r EaserlG..IT \ \ i 11 -£ \ \ \ ' L I S h ` _ $ 11�' — (ft15 5 I us P. VI 7 ''°'C' ??, o 1T J\ 4 _ 4 -1 o P A g_ E o fA to i = Or II d E 4 Iir • F t L- 1�0.z3_ _. d • � r 7p - -- t3 • �, a I • I L > g 1.3 a o I � _i_. � • ,\: ,\\ li, • r \ \ . G rt � —I (N Ne- 1 ' No-re-s: ASEMENT DESCRIPTION: permanent easement for utility purposes over, under and across t- �A c EA7E_>.�f,r.f'(- ARt-Pc itlot A, Prairie House let Addition, Scott County, Minnesota. 11 tid permanent easement is described as follows: The North 10 feet of the West 465 feet of said Outlot A, and z_ �CNtS t°� ^IoT A atoRY �Y the West 10 feet of said Outlot A lying Northerly of the • APt.Et5 5\+rivt(11 v.If.F,G CoMPSWD Westerly extension of the South line of Outlot D said Prairie Li lF-I.G-1 co-4Nb FI4-IrILar"6. A- House let Addition. PIMtA14)1or-1S FRAM cs:4r1T1' P‘e.Z.0 RCS CONSENT / \5 !r MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Eagle Creek Thrift Shop Lease DATE: March 1, 1994 INTRODUCTION AND BACKGROUND: The lease between the City and the Scott Carver Dakota CAP Agency has expired and the City Attorney has drafted a new lease. The new lease is in a different format but includes the same issues identified in the expired lease. The expired lease had a five year renewal option. Since the Agency did not notify the City of its desire to renew within the specified time frame, a new lease is required. The lease is for five years and provides for a 60 day notice by either party desiring to terminate it. ALTERNATIVES: a] Renew lease b] Do not renew lease c] Amend lease RECOMMENDED ACTION: Authorize the appropriate city officials to enter into a five year lease with the Scott Carver Dakota CAP Agency, Tnc . for the Eagle Creek Thrift Shop. LEASE AGREEMENT Dated: , 1994 Lessor: City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 S . Holmes Street, Shakopee, MN 55379 Tenant : Scott Carver Dakota CAP Agency, Inc . , a Minnesota corporation, Attention: , 1257 Marschall Road, Shakopee, MN 55379 Premises : That facility known as the Eagle Creek Town Hall, located at the intersection of County Road 83 and County Road 16 in Shakopee, and more fully described in Exhibit A attached hereto and incorporated herein. Rent : $1 . 00 per year Term: Five years, commencing on subject to automatic renewal on a month-to- month basis or termination as set forth below. In consideration of the rents to be paid by Tenant, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements: 1 . Rent . Tenant shall pay to Lessor the annual rent above set forth in advance on the first day of each and every year included within the Term. Payments shall be made to Lessor by delivering same to the City Director of Finance. 2 . Expenses . Tenant shall pay all the following expenses which become due or payable during the Term arising in connection with Tenant' s occupancy of the Premises: a. Property and casualty insurance covering the building contents located on the Premises, if desired by Tenant; b. Liability insurance on the Premises naming the City, its officers, agents, and employees as additional insureds, in an amount approved by the City Attorney; c. Lessor' s general building and fire insurance costs that apply to the Premises (Tenant shall reimburse Lessor) ; d. All utilities, including telephone, gas, electric, refuse removal, sewer and water charges, and all security service; e. Any real estate taxes; f . Routine maintenance, upkeep and repair of the Premises, subject to normal wear and tear, including any repairs or replacements of a capital nature; and g. Such other normal operating expenses as are necessary to keep the Premises in a tenantable condition suitable for Tenant' s use and occupancy. 3 . Use. a. By Tenant . During the Term Tenant shall use the Premises for the purpose of disbursing Community Service administration activities to improve the economic and social status of low income families and individuals in the Counties of Scott and Carver, and for no other purpose, in compliance with all applicable governmental laws, ordinances and regulations . Tenant shall commit no waste upon the Premises and shall not permit any nuisance to exist upon the Premises . Tenant agrees to observe such reasonable uniform rules and regulations as from time to time may be put in effect by Lessor for the general safety, security, comfort, and convenience of Lessor, its officers and employees, the general public, and occupants and tenants of the building. b. By Lessor. Tenant agrees to allow Lessor to continue to utilize the Premises for primary, general, municipal, and special elections held pursuant to law. 4 . Maintenance. Tenant shall repair and maintain the Premises in a neat and orderly manner, including the parking areas and land areas surrounding the building. Tenant shall keep in good order and repair the building, all glass, and all other real or personal property or fixtures. Lessor shall assume maintenance and repair costs to the building which exceed $200 . 00 per individual case, subject to the following: (1) Lessor shall be given advance notice of the needed maintenance or repair, and the opportunity to make the same at its own expense, and (2) the maintenance or repair shall not be as a result of any negligence of the Tenant, its agents, employees, or invitees. Lessor shall provide snow removal and grading of the road and parking lot at Lessor' s expense. 5 . Inspection. Tenant shall give Lessor access to the Premises at all reasonable times, without charge or diminution of rent, to enable Lessor to examine the same and to make such repairs, additions and alterations as Lessor may deem advisable 2 and to exhibit the Premises to prospective tenants, purchasers or others . 6 . Alterations . Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. 7 . Assignment . Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. 8 . Damage. In case of damage to the Premises or to the Building by fire or other casualty, Tenant shall give immediate notice to Lessor, who shall thereupon cause the damage to be repaired with reasonable speed, at the expense of the Lessor, subject to delays which may arise by reason of adjustment of loss under insurance policies, and for delays beyond the reasonable control of Lessor. In the event the damage shall be so extensive that the Lessor shall decide not to repair or rebuild, this Lease Agreement and Term shall, at the option of Lessor, be terminated as of the date of such damage by written notice from the Lessor to the Tenant, and Tenant shall thereupon promptly vacate the Premises . 9 . Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of personal property on the Premises, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss . 10 . Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant' s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient. ii . Termination. Either party may terminate this Lease, with or without cause, by giving written notice thereof to the other party, specifying the effective date of such termination, which shall not be less than 60 days after the date of such notice . 12 . Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease 3 Agreement appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor' s written agreement . Any holding over after the expiration of this Lease shall not operate to renew this Lease . 13 . Breach. In the event of the breach by Tenant of any covenants or agreements of this Lease, then Tenant shall remedy said breach within ten (10) days after written notice thereof, and if said breach shall not be corrected within said ten (10) days, then Tenant shall vacate and relinquish possession of said Premises immediately upon the expiration of said ten (10) day period. Nothing herein shall be taken to excuse the Tenant from any damages occasioned by Tenant' s breach. 14 . Notices. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices also shall be sent to the parties' respective attorneys at the addresses set forth below: Attorney for Lessor: Karen Marty, Esq. City Hall 129 Holmes St . South Shakopee, MN 55379 Attorney for Tenant : 15 . Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. TENANT: LESSOR: SCOTT CARVER DAKOTA CAP CITY OF SHAKOPEE AGENCY, INC. By By Its Executive Director Its Mayor By By Its Board Chair Its City Administrator By [28MEMO2) Its City Clerk 4 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Garbage Pick Up in Alleys DATE: March 2, 1994 INTRODUCTION: Staff is requesting City Council direction on the continuation of garbage pick up in the alleys. BACKGROUND: The majority of the alleys in Shakopee are gravel alleys. Alleys are no longer utilized for lot access in new plats and most alleys are located in the older areas of Original Shakopee. Each spring the alleys become extremely soft due to the snow melt and frost thawing. Most of the gravel alleys have very poor drainage also. Because of the condition of the alleys in the spring, the City has placed a ban on garbage trucks using the alleys the last two years. During this period,which lasts about two months, the garbage is picked up on the street side of homes, rather than in the alley. Currently, Waste Management picks up 950 homes in the alley out of a total number of pickups in Shakopee of 3,100. It is once again time to restrict the alleys from garbage truck use. It takes a full two weeks to provide proper notification to the affected residents, so the earliest that the ban could go into effect is March 28, 1994. Staff is seeking Council direction on whether or not the temporary ban should be continued or if a permanent ban on garbage trucks using the alleys should be implemented. The gravel alleys are not structurally adequate to handle the weight of the garbage trucks, even throughout the entire year, not just the spring. If Council wishes to implement a permanent ban, public input may want to be solicited. ALTERNATIVES: 1. Continue the temporary ban during spring periods. 2. Implement a permanent ban effective (Date) 3. Direct staff to solicit public input through such means as surveys, public hearings, etc. RECOMMENDATION: Staff feels that strictly from a maintenance and engineering basis, garbage trucks should not be allowed to use the alleys for garbage pickup, but the decision to implement a permanent ban will have an impact on about 1/3 of the Shakopee residents. Because of the number of residents impacted, staff recommends soliciting public input prior to making any decision. Staff would suggest sending out a survey form (with a self addressed, stamped post card for return) to the affected properties to solicit public input. Because the survey would take time, the temporary ban would once again be implemented this year and the survey results would be utilized to formulate a recommendation on the permanent issue. ACTION REQUESTED: Discuss the issue and provide staff with the appropriate direction. DEH/pmp GARBAGE MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1994 Pay Plan - Non Union Employees - Resolution No. 3973 DATE: February 22 , 1994 INTRODUCTION: On January 11, 1994 the Shakopee City Council reviewed several pay plan options for the officers and non-union employees of the City of Shakopee. At that time, Council directed staff to prepare a pay plan allocating $59 , 000 . It was suggested that 60% of this amount be placed into base salary increases and 40% be placed into a pay for performance program. Attached are three alternatives that have been prepared for Council consideration consistent with the direction provided in early January. BACKGROUND: All of the options submitted herein meet comparable worth compliance standards. Option A consists of a 3% base increase for all employees and does not incorporate the new job point values. Both options B and C incorporate the new job values created as a result of the recently completed MAMA study. Options B and C also utilize the 1993 Finance Director position classification and wage rate as the basis for determining a point value rate for all other positions. Finally, Options B and C incorporate a 8%/6%/4% line break for exempt position classifications based upon traditional work performed outside normal business hours. Consistent with previously presented options, additional steps have been added for options B and C in an effort to gradually phase in the impact of implementation. Options B and C slot employees at a step level that results in at least 3% increase over their 1993 wage rate. The actual percentage increase varies among position classifications and in some cases an actual red-lining of the employee's wage occurs. Shown in attachment #2 is a cost analysis comparing each of the options. Option B results in expending $44 , 500. 00 from the $59, 000 allocated by Council. This results in a 75% split for base salary increases and $14 , 500. 00 (25%) for the pay for performance program. (This assumes Council elects to grant lump sum increases for those position classification where the base wage rate would be reduced. ) Shown in attachment #3 is Resolution No. 3973 amending Resolution No. 3933 adopting the 1994 Pay Plan for the Officers and Non-Union Employees of the City of Shakopee. Staff is recommending Council approval of option B with lump sum increases. Option B more closely represents the direction set forth by Council at their January meeting in terms of the ratio split between base wage rates and performance pay adjustments. Option B is also in greater compliance with comparable worth standards. Staff has not had time to complete the criteria for the pay for performance program, but we anticipate doing so by July. ALTERNATIVES: 1. Offer Resolution No. 3973 , a resolution amending Resolution No. 3933 adopting the 1994 Pay Plan Incorporating Wage Compensation Option B including lump sum adjustments. 2 . Offer Resolution No. 3973 , a resolution amending Resolution No. 3933 adopting the 1994 Pay Plan Incorporating Wage Compensation Option B. 3 . Offer Resolution No. 3973 , a resolution amending Resolution No. 3933 adopting the 1994 Pay Plan Incorporating Wage Compensation Option C including lump sum adjustments. 4 . Offer Resolution No. 3973 , a resolution amending Resolution No. 3933 adopting the 1994 Pay Plan Incorporating Wage Compensation Option C. 5. Offer Resolution No. 3973 , a resolution amending Resolution No. 3933 adopting the 1994 Pay Plan Incorporating Wage Compensation Option C including lump sum adjustments. 6 . Table action pending further information from staff. 7 . Select some other cost of living adjustment to be applied to all non-union position classifications. 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N 'O 'O to V V 00 O N 0 'O CO CO - _ - 0 r 4- V — Co -4 O V1 V1 r NJ NJ O P NJ N Na N NJ '0 O 0 W P -0 to 0 '0 47 O W O O CO CO CO CC O CO P P to CO O N O 'O CO 00 0 -4 W NJ N 4- 0 'O CO P V '° 0 a 7 K 4- r NJ J6 Jb 7 - 0 4- N N 0 0 0 • O O O • OVI O 0 0 W 0 W W C) d r 7 N N O 0 O O O 'O r •Os Ca C) r r W 0 W O '0 4- 00 47 0 U4 O N N r O NJ 0 P N co O 'O 'O V O CO 0 VI r 0 W O N CO O 00 CO '0 P 00 O O N O O O W W V O 4- 0 N t/l P y nn O -3 N _ r 0 d 7 r .1. O W NJ NJ 3 3 P CO cn 7 ntO N V o O 0 10 n 4- .43 3 co ^ to - P r r co 0 to !A 1A to W WW 1pto !A fA to fA M W O'O 0 P ;A N NJ U' N r tA r W ' ir o 4- o V O CO CO -. r w r W f V1 N U' O Na O O P V CO '0 CO V 0 v0 V t! W t/1 P N O 4- NJO 'O O Na r W co O 0 r r NJ 0 r W -4 w0 N NJ V NJ O V CO0O n O V W W r V CO N P P N V COP .0 0 CO O O CO 1.41 P 00 O r w 4- Co r • • • • • • • • • C. .0 • o 0 0 0 — 0 0 0 o O 4- r 4- to r 4- w P IN N1 4- 0 Cr 0 0' Vi '0 LA 0 0 W O LA w w P UI 0 W NJ NJ CO O O O V O • r 0 P P P O O COPV O � P r P O V CO CO O C c 1 T 0 m r _. m a o N N 0 • N n NJ V CO .o VI 0 j r t 0'' ATTACHMENT #& 1994 NON-UNION PAY PLAN OPTIONS COST ANALYSIS Option A Option B Option C 3% COLA Fin. Dir. Fin. Dir. 1994 93 Rate 93 Rate + 4% Budgeted + 3% 8/6/4 Amount 8/6/4 Cost Impact 1994 $29, 000 . 00 $39, 500 . 00 $42, 000 . 00 Cost Impact 1994 $29, 000 . 00 $44, 500 . 00 $47, 000 . 00 Including Lump Sum Total Over (Under) ($30, 000 . 00) ($19, 500 . 00) ($17, 000 . 00) Council Budget 33% 29% Allocation of $59, 000 Total Over(Under) ($30, 000 . 00) ($14 , 500 . 00) ($12, 000 . 00) Budget Including 25% 20% Lump Sums *Cost Impact 1995 $33, 000 . 00 $42, 000 . 00 $45, 000 . 00 *Cost Impact 1995 Including Lump -0- $45, 000 . 00 $48, 000 . 00 Sums *Cost Impact 1996 $34, 000 . 00 $46, 000 . 00 $49, 000 . 00 *Cost Impact 1996 Including Lump -0- $49, 000 . 00 $52 , 000 . 00 Sums * Assuming 3% COLA RESOLUTION NO. 3973 A RESOLUTION AMENDING RESOLUTIONFOR THE 3933 ADOPTING '1'ID 1994 PAY SCHEDULE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on January 18, 1994, the Shakopee City Council adopted Resolution No. 3933 approving the 1994 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1994 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the attached 1994 Pay Schedule is hereby added to the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee effective January 1, 1994. Adopted in Adjourned Regular Session of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney • VI yM VVI 14 w w IA A d, be y, yl y+ lA * 10 .0 64 VI 64 40 N N) NJ N NNJ WW r VI r r VI CD 'p W W VI COO r W 0 W O P. O O V V V CO V - e' P 4. 4. r O r N N O O O Co N 'O P -. � 0, O O 0 O O VO VI W V r W w � � W V, r r u, r 1. NJ O N VI V Vj O O O NJ CO co 4.4 IA yM A yyVI N N M IA VI yNr44 ~ ce NJ N N) N W NWVI W W W r W A 44 VI i- o 16 Co r 1. V O O O P W O N w W W VI N r N W 0 Oj ll 'O -- - r WN - ' W NJ 1. 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N W • ' W W P W -. y r -4 r o P V P P V W r CoCD N VW W V P O • 43 -4 d V r r 2, O o O D VI VP •0 Nr v, .O .0 .0 P v, W N N N W W r 1. is 4/1 IA tA V• V• r r vi P W r • .Q N Vco vi vi W r a CoCD .0 `V O o — N 0' W 7 VLAW C • CW • •0o r j V V 0 • jo • 00 VI l.fl VI VI 0 0 0 0 P CO -' ON r N P N O O VI r r v V+ vi Pvt v vt P P4./1 0' N O O V N V •+• N O, r A• . ✓ V V V P P P V r r VA r V CDmoP W o CO ' P o0oN VW P P oO r N N o o 'iP r v Ujii u 1,3 it MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Street Light at CSAH 17 and CSAH 14 DATE: March 2, 1994 INTRODUCTION & BACKGROUND: Scott County is proposing to install a street light at the intersection of County State Aid Highway (CSAH) 17 and CSAH 14 due to safety concerns. This area is within Shakopee Public Utilities Commission's (SPUC) area. The County is proposing to pay for the street light installation. SPUC would do the installation. The County is requesting that the City pay for the power and maintenance cost. Attached is a proposed agreement from Scott County covering these responsibilities. Currently, the City of Shakopee pays for the power for all street lights and SPUC pays for all maintenance of the street lights, with the exception of the downtown, decorative lights. The proposed agreement has not yet been reviewed or approved by the City Attorney or Utilities Manager. ACTION REQUESTED: Move to authorize the appropriate City officials to execute Cooperative Agreement No. 17-9401 with Scott County for the installation of a street light at the intersection of County State Aid Highway 17 and County State Aid Highway 14 subject to approval by the Utilities Manager and subject to approval and minor language revisions by the City Attorney. DEH/pmp LIGHT SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE February 24, 1994 Asst.Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Street Light CSAH 17 @ CSAH 14 Dear Dave: Enclosed are two copies of Cooperative Agreement No. 17-9401 for the installation and maintenance of a street light. Scott County will pay the cost of installing the street light by the Shakopee Public Utilities Commission, and the City would be responsible for the power and maintenance cost. Please review and process the Agreements and return them to this office. A fully executed copy will be returned to you. If you have any questions or would like additional information, please contact this office. Sincerely, Bradley J. Larson, P.E. County Highway Engineer BJL/kmg Enc. An Equal Opportunity/Affirmative Action Employer • Agreement No. 17-9401 CSAH 17 @ CSAH 14 City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE INSTALLATION AND OPERATION OF A STREET LIGHT THIS AGREEMENT, Made and entered into this day of 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, It is considered mutually desirable to install a street light at the intersection of County State Aid Highway 17 and County State Aid Highway 14 within the City; and WHEREAS, The City has expressed its willingness to participate in the operating cost of said street light; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S . Sec . 162 . 17 . NOW, THEREFORE, IT IS AGREED AS FOLLOWS : I The County shall install, or cause the installation of a street light at the intersection of CSAH 17 and CSAH 14 . Such installation, as described immediately above, shall be hereinafter referred to as the "project . " 1 Agreement No. 17-9401 II The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. III The City shall provide the electrical energy for the operation of the street light to be installed under the project, all at the sole cost and expense of the City. IV Upon completion of the work, the City shall maintain the street light including, but not limited to photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof at the sole cost and expense of the City. V The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. VI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in 2 Agreement No. 17-9401 any manner to the City for any claim, demand, action or cause of action of any kind or character arising our of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees . VII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees . 3 Agreement No. 17-9401 VIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance of nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. IX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. 4 Agreement No. 17-9401 Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. VII The provisions of M.S. 181 . 59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 5 • Agreement No. 17-9401 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor (SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date K-WP51\AGRMT\COOP\17&14 02/22/94 6 / 3k ir • CLAttached is a print out showing the division budget status for 1994 based on data entered as of 3/3/94 . 4 03/03/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 0 5,686 8 11 MAYOR 8 COUNCIL 69,14016 12 CITY ADMINISTRATOR 185,140 0 29,221 13 CITY CLERK 116,490 -34 14,449 12 15 FINANCE 278,020 0 28,445 10 16 LEGAL COUNSEL 151,000 0 17,962 12 17 PLANNING 405,840 0 35,586 9 18 GENERAL GOVERNMENT BUILDINGS 114,460 0 17,154 15 31 POLICE 1,332,050 0 212,951 16 32 FIRE 865,310 0 16,256 2 33 INSPECTION-BLDG-PLMBG-HTG 161,750 0 20,491 13 41 ENGINEERING 346,590 -396 40,791 12 42 STREET MAINTENANCE 582,720 0 72,245 12 44 SHOP 103,120 0 17,100 17 46 PARK MAINTENANCE 289,940 0 27,276 9 48 REFUSE COLLECTION 513,550 0 40,207 8 61 POOL 150,300 0 7,495 5 64 RECREATION 200,010 0 26,486 13 91 UNALLOCATED 177,000 0 22,741 13 TOTAL GENERAL FUND 6,042,430 -430 652,542 11 17 PLANNING 360,860 0 23,373 6 360,860 0 23,373 6 TOTAL TRANSIT =_ 12 CITY ADMINISTRATOR 64,870 0 7,240 11 64,870 0 7,240 11 TOTAL HRA =_ 00 N/A 689,000 0 0 0 689,000 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND =_ - H .a 04 aEPL4 0.4 a P+ 4E-1 H H H HHHHHHHH H Z 00 0 a 0 P+ WH .--I N N co M 0 Hin 0 --t .7 -..1. 4' - Y' 4on r-1 H .0 %o so so %o 4' N is P. 0 n 0 n 0 0 0 0 co co 0 H Co0 0 0 0 0O CO 0 0 0 0 O 0 .--1 0 0 0 0 0 '--I 0 0 n 0 v0 M H 0 M N M n M M 0 N .--1 n Co Co N H LA '--I e--1 CV CV CHV 4' I CHV .M7 N N N .7 Z •••1' N "..1 N I i I I I I CV N CV ,•-1 t I I I I N N so O '"I N N N s-I .N-C M e-I n H s M Va' ON a' a' co%0 0 0 CT 0 0 0 0 0 0 d' 0 O O 0 0 O Co W 0 00 6 Z a �' W d 0 p., Z P+ d N W H O al P+HP+ d H 0 V 0 H H H L O A W A I N U a0 .� 0 Ix) C a% N w 0 Z 0 6 N x N H N Ls+ O n A 3 U a x n 0 P+ CLI CO lia 0 0 P+ w 0 H Z 0 0 0 W OZ El 0 f/)til Z H H 0 Co U O Mx Z Z z O El ,- H M Z Z <4 H U 0 O 0 n 0 ra W Co CC _ 'L 0 . 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V> CM ON .--1 N al x 0 0.1 W C4 W 0 >U O U) H 44 D+ ►a 6 H- A H 0 H 4--4 HE-4 Gi C4 WZ P. as Z 0 ccn V) 0 = U a .-a U/) V) W bd W 0 r1 N N C 1 .--i S . -a- = 7x 0 .-C � s 4' N r` CO 0 H # # 4 * 4t 4 * # 0 0 zzZz 0 0 0 0 U fs. Gs. Li. 4 44 W . 44 13t MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne0 DATE: March 3, 1994 RE: Murphy' s Landing Lease BACKGROUND: On February 15, 1994, the City Council approved a draft Lease for Murphy' s Landing. Staff had recommended delaying adoption until representatives of Murphy' s Landing could be consulted on details . Since that meeting, a new executive director has been hired for Murphy' s Landing and some changes already are occurring. DISCUSSION: Staff now has met with Shirley Olson, the new executive director of Murphy' s Landing, and members of the Minnesota Valley Restoration Project board. They made some excellent suggestions for improvement of the Lease, which will clarify responsibilities and better enable Murphy' s Landing to carry out their mission. Those changes are listed and discussed below. Staff recommends the changes outlined in paragraph 1 through 6, and takes no position on the changes outlined in paragraph 7 through 10 . 1 . Set the term of the Lease from March 1 to February 28, to coincide with their fiscal year. 2 . Since there is more than one lift station, paragraph 3 .c needs to be revised to provide that the City will maintain all lift stations necessary to serve approved residences and bathrooms on the Premises . 3 . They do not keep records of the purchase price or appraised value on historic artifacts. This way the IRS and others cannot challenge their valuations. Apparently this is typical of museums which accept donations . Therefore they are requesting that "purchase price or appraised value, if donated" be deleted from the items to be included in the inventory required in paragraph 4 .b. 4 . They have asked that their deadline for removing all nuisances be extended from April 15 to May 1, 1994, in order to give them time to take care of the various problems identified in paragraph 4 . j . 5 . The termination without cause language in paragraph 11 troubles them. Since this language was incorporated to leave the City' s options open in the event this property sold, the attached draft removes the "without cause" phrase, and replaces it with language allowing the City to terminate the Lease if the City either has a signed purchase agreement for the property, or sells the property. 6 . They would like an opportunity to cure any breach of the Lease, in paragraph 14 of the Lease. That would be standard, and could be accomplished by adding a new sentence after the second sentence in paragraph 14, to as follows: "Lessor may extend this time period if, in Lessor' s sole judgment, Tenant is making reasonable efforts to cure the breach. " 7 . Identify ownership of the buildings. Under typical real estate law, buildings belong to the owner of the land. In this case, however, the Minnesota Valley Restoration Project (MVRP) is taking the position that the historical buildings are artifacts, and therefore belong to them. If we agree with them, then these buildings would be the property of the MVRP corporation. They have offered to provide a list of these historical buildings and a map of them which can be attached as an exhibit to the Lease. Buildings which are not of historical value would belong to the City. If the City Council agrees with this distinction, the following paragraph may be added to paragraph 1 of the Lease : "All structures of historical value belong to Tenant; all other structures belong to Lessor. A list and map of the structures currently on the Premises, with the historical structures belonging to Tenant clearly identified as such, is attached as Exhibit A-1. Tenant may add historical structures to the Premises and to this list without amending this Lease, however, other additions to the Premises shall be governed by paragraph 6 below. " For your information, if Murphy' s Landing closes, MVRP still would own the buildings and would continue to have responsibility for them. If the MVRP corporation dissolved, then their assets would be transferred. Unless they have amended their Articles of Incorporation since 1987 (the most recent copy in my file) , upon dissolution of the corporation its assets "shall be distributed exclusively to educational organizations in the City of Shakopee" . This could be amended to be the City. Murphy' s Landing representatives have indicated several times that they believe their assets will go to the Minnesota Historical Society. 8 . Clarify responsibility for more of the infrastructure. The City has agreed to take responsibility for and care for the sewage lift stations, but the Lease does not specify who will care for the sewer laterals . Few of the buildings are sewered, so this problem is somewhat contained. 2 More difficult is the care of the water lines . Apparently they are too shallow and freeze every winter. We should take this opportunity to clarify who is responsible for them. Whoever takes on that responsibility needs to dig up the water lines and fix the freezing problem. It also is unclear exactly where the water lines are laid; we are trying to locate plans for the lines. The Lease provides that the City will provide a working well for water, but does not address the water lines . We learned at our meeting that there probably are additional wells, and we need to address whether the City will take responsibility for all of them, or just one particular well . If the City agrees to provide water lines, we will need to add language like the following to paragraph 2 .c : "Lessor will install and care for water lateral lines, running from the wells to the outside of those structures listed on Exhibit A-2 to be served with water. Other structures will not be served without prior approval of the Lessor under paragraph 6 below. " 9 . The City has not agreed to pay for utilities in the Lease. When the City Council discussed the debt situation of Murphy' s Landing on September 7, 1993 , City Council agreed to pay half of the electric utility bill of $11, 000 . I understood this to be a presently-outstanding bill, and that the City would pay $5500 of this one-time bill . Apparently Murphy' s Landing understood this to be an agreement to pay half of their electric bill each year, which does run about $11, 000 each year. If the City Council does desire to pay half of the electric bill each year, paragraph 2 .e would need to be revised as follows : "Tenant shall pay all utilities, except that Lessor agrees to pay $5, 500 each year toward Tenant' s electric bill . " 10 . If the City is going to pay part of the electric bill, do we also want to pay part of their propane (heating) bill? It also runs about $11, 000 per year. An amendment to paragraph 2 .e would be necessary to accomplish this, too, by adding "and $x toward Tenant' s propane fuel bill . " Shirley Olson, executive director for Murphy' s Landing, and representatives of the Minnesota Valley Restoration Project will be coming after 8 :30 p.m. to the Council Meeting to discuss this. ALTERNATIVES: 1 . Accept the Lease changes requested by Murphy' s Landing. 2 . Make additional or different changes to the Lease and move its adoption as amended. 3 . Do not change the Lease from the February 15th version. 3 RECOMMENDATION: Accept the Lease changes requested by Murphy' s Landing and authorize the appropriate city officials to execute the revised Lease. [1MURPHYL] 4 IONSENT rya, MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amending Tattoo Licensing Ordinance DATE: February 28, 1994 INTRODUCTION: Attached is an ordinance amending the current tattoo regulations allowing a licensee to carry insurance from other than a domestic company. BACKGROUND: At their regular meeting on February 15th, at the recommendation of staff, City Council directed staff to prepare an ordinance which would allow tattoo licensees to utilize surplus lines carriers for professional liability insurance. You may remember that this recommendation was made because no Minnesota insurance company writes professional insurance for tattoo establishments. It has also come to staff' s attention that no Minnesota insurance company writes public liability insurance for tattoo establishments. Both public liability and professional liability insurance are required for a tattoo license. The attached ordinance amends the current insurance requirements deleting the requirement that the public liability and professional liability insurance be from a company authorized to do business in Minnesota. ALTERNATIVES: 1 ] Adopt ordinance which will accept insurance from a non- domestic company 2 ] Do not adopt ordinance RECOMMENDED ACTION: Offer Ordinance No. 373 , Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 6, Other Business Regulation And Licensing, By Repealing Sec. 6 . 52 , Insurance Required, And Enacting One New Section In Lieu Thereof, Relating To The Same Subject, and move its adoption. ORDINANCE NO. \ 7i , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, BY REPEALING SEC. 6 . 52, INSURANCE REQUIRED, AND ENACTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, is hereby amended by repealing Sec. 6 . 52, Insurance Required, and enacting one section in lieu thereof, which shall read as follows : "SEC. 6.52 . INSURANCE REQUIRED. Each applicant for a license under Section 6 . 51 shall file with the City a public liability insurance policy or certificate of insurance - =- - . _ . - - = _ =_ =. - . - - - - - - - , and a professional liability insurance policy or certificate of insurance, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the tattooing establishment, and due to engaging in the practice of tattooing. The policy of insurance shall be in limits of not less than the statutory limits of liability for a municipality. Failure to keep in full force and effect the insurance required herein is grounds for revocation of the license . " Note : The underlined language is inserted; the 3trikcout language is deleted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994 . i MEMO TO: Dermis Kraft, City Administrator 114) FROM: Dave Nummer, Staff Engineer SUBJECT: Viking Steel Road Feasibility Report DATE: March 1, 1994 INTRODUCTION: Attached is Resolution No. 3967, a resolution ordering the preparation of a feasibility report for Viking Steel Road from Trunk Highway 101 to 4th Avenue. BACKGROUND: At their February 15, 1994 meeting, the City Council ordered the preparation of a feasibility report for Viking Steel Road from County Road 16 to 4th Avenue. During discussion on this issue, the Council expressed a desire to have the study include Viking Steel Road from 4th Avenue to Trunk Highway 101. Staff has prepared an appropriate resolution for Council consideration. ACTION REQUESTED: Offer Resolution No. 3967, A Resolution Ordering the Preparation of a Report on an Improvement for Viking Steel Road from Trunk Highway 101 to 4th Avenue and move its adoption. DMN/pmp MEM3967 RESOLUTION NO. 3967 A Resolution Ordering The Preparation Of A Report On An Improvement To Viking Steel Road, From Trunk Highway 101 To 4th Avenue WHEREAS, it is proposed to improve Viking Steel Road, from Trunk Highway 101 to 4th Avenue and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David E. Hutton, City Engineer for study and that 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 , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney -/UNSEN MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Downtown Alleys DATE; March 1, 1994 INTRODUCTION: Attached is Resolution No. 3968, which approves plans and specifications and authorizes staff to advertise for bids for the Downtown Alley Project. As part of this project, staff is proposing to include the plans and specifications for the Alley in Block 48 and the City parking lot (former Pelham lot). BACKGROUND: On April 20, 1993 the City Council held a public hearing and ordered plans and specifications prepared for the Downtown Alley Project. This project consists of reconstructing five alleys in the Central Business District (CBD). In addition, Shakopee Public Utilities will be undergrounding all overhead utility lines in eight of the alleys in the CBD. The project will be funded using a combination of funding sources consisting of assessments, SPUC and the City (using TIF and/or Capital Improvement Funds). The alley reconstruction project plans and specifications are complete. The electrical portion of the plans and specifications are 90% completed but it is anticipated that the plans and specifications will be completed by March 10, 1994. Because of the 1-year time frame required by Statute from the date of the resolution ordering plans and specifications (4/20/93)to the award of a contract, staff is seeking Council authorization to bid this project now. If a contract is not awarded by April 20, 1994, another public hearing is required in order to comply with the Special Assessment Statute (429). Attached is a schedule for the bidding and award process in order to meet the 1-year deadline. It is expected that the plans would be 100% completed by the time the first advertisement is in the newspaper, but if their are any last minute revisions to the design, they can be made by a change order to the project. The City will need to obtain easements from several property owners for such things as transformer pads, service lines, etc., but staff will be obtaining these in March and April prior to construction starting. If there are any easements that cannot be obtained without the cooperation of the property owners, some of the actual construction may need to be postponed until other actions can be initiated, such as condemnation, if necessary. The construction of this project will need to be completed by August 1, 1994 because at that point it is anticipated that Phase II of the Downtown Streetscape Project will be ready for construction. Mn/DOT is proposing to have their portion of the 1st Avenue construction completed by July 1, 1994. The above scheduling will ensure that the alley construction and 1st Avenue construction (Phase II) will not take place at the same time. Staff is also proposing to bid out the Alley in Block 48 and the Pelham parking lot as part of this project as the plans and specifications for these two projects have also been completed. The alley in Block 48 (located behind Kohlrusch Abstract) consists of reconstructing an existing paved alley and installing storm sewers to alleviate a drainage problem. This project was ordered on October 5, 1993. The old Pelham lot consists of extending the existing City parking lot at the northeast corner of 2nd Avenue and Lewis Street by adding pavement, curbs, islands, and lighting to the property purchased by the City which was formerly known as the Pelham lot. ALTERNATIVES: 1. Adopt Resolution No. 3968, which orders the advertisement for bids on this project. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3968, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, 31; Alley in Block 48; and City Parking Lot in Block 23 (Old Pelham Lot), Projects No.'s 1993-9 and 1994-1 and move its adoption. DEH/pmp MEM3968 DOWNTOWN ALLEY PROJECT SCHEDULE Date All plans completed and March 2 , 1994 submitted to City and SPUC for review. City Council orders advertisement March 8, 1994 for bids . 1st ad in newspaper March 18, 1994 Bid opening April 12 , 1994 Council award of bids April 19, 1994 Contracts signed April 29, 1994 Construction starts May 2, 1994 Construction completed August 1, 1994 RESOLUTION NO. 3968 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, 31; Alley In Block 48; And City Parking Lot In Block 23 (Old Pelham Lot) Project No.'s 1993-9 And 1994-1 WHEREAS,pursuant to Resolution No. 3782 adopted by City Council on April 20, 1993 and Resolution No. 3874 adopted by City Council on October 5, 1993, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of Downtown Alleys by pavement reconstruction and electrical undergrounding, the Alley in Block 48 by pavement reconstruction and storm sewers, and the City Parking Lot in Block 23 by pavement, curb & gutter and lighting and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 1. Such plans and specifications, a copy of which is on file and of record in the 1 Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ONSENT ) y cl MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR ^/ SUBJECT: UNDERGROUND FUEL STORAGE TANKS �'T` DATE: FEBRUARY 28, 1994 INTRODUCTION Attached is Resolution No. 3965, which accepts the bids and awards the contract for the Underground Fuel Storage Tanks Removal and Replacement Project. BACKGROUND On January 18, 1994 the City Council authorized the advertisement for bids for the underground fuel tank project. The City currently has five underground storage tanks. They are due for replacement in 1998 according to EPA regulations. Due to concerns over potential leakage from the aging, single wall steel tanks the Council directed staff to prepare the specifications for replacing these tanks in 1994 , rather than paying the additional pollution insurance required until 1998 . The current tanks consist of a 10, 000 gallon and two 5000 gallon unleaded tanks, a 3000 diesel tank and a 500 gallon waste oil tank. All five tanks are single walled, steel tanks. The proposal is to remove all five underground tanks and install one 10, 000 gallon unleaded tank and one 4 , 000 gallon diesel tank underground. It is proposed to utilize double walled, fiberglass tanks, which will reduce the City's insurance requirements. Above ground tanks were evaluated but due to the high cost (approximately $20, 000 more than underground tanks) , fire safety codes required and aesthetics (the above ground tanks would be extremely large to meet the City's volume needs) , staff recommended using underground tanks. The proposed 300 gallon waste oil tank will be installed above ground. The tank will be located in the mezzanine, adjacent to the maintenance shop. The mezzanine has been inspected by a structural engineer and certified for the proposed tank location. On February 18, 1994 bids were received and publicly opened for this project. A total of 7 bids were received and are summarized in the attached resolution. The low bid was submitted by Westside Equipment of Medina, MN for a total bid of $67 , 951. 00. The estimated cost for this project was $80, 000 - $100, 000. Funding for this project will come from the Capital Equipment Fund. Staff has reviewed all bids for completeness and also the qualifications of Westside Equipment, the low bidder and determined that they are able to perform the work as described by the plans and specifications. Staff is also requesting a contingency amount equal to 10% of the bid or $6,795. 00 for use by the Contract Administrator in covering any minor change orders that may occur on this project. The bid price does not include any rock excavation because it is not anticipated any would be needed. The new tanks would be installed in the same location as the old tanks. ALTERNATIVES 1. Award the contract to the low bidder, Westside Equipment. 2 . Award the contract to another bidder. 3 . Reject all bids and rebid. 4 . Reject all bids and do not proceed with this project. RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED 1. Offer Resolution No. 3965, A Resolution Accepting Bids on the Underground Fuel Storage Tank Replacement project and move its adoption. 2 . Move to approve of a contingency in the amount of 10% of the contract for the use by the Contract Administrator in processing change orders. RESOLUTION NO. 3965 A Resolution Accepting Bids On The Underground Fuel Storage Tank Removal And Replacement Project WHEREAS, pursuant to an advertisement for bids for the Underground Fuel Storage Tank Removal and Replacement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Westside Equipment $ 67,951.00 Zahl Equipment Co. $ 79,410.00 Determan Welding & Tank Service $ 87,495.00 Minnesota Petroleum Service, Inc. $ 96,733.00 Pump & Meter Service, Inc. $ 97,932.00 J & D Enterprises $ 99,500.00 Tank Abatement Service Cont., Inc. $106,175.00 AND WHEREAS, it appears that Westside Equipment, 902 Highway 55, Medina, MN 55340 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Westside Equipment in the name of the City of Shakopee for the Underground Fuel Storage Tank Removal and Replacement Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of . 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ' VP) CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Budget Amendment Request 1994 Planning Department Budget DATE: March 2 , 1994 INTRODUCTION: With the addition of the new staff planner, new furniture and equipment is needed. BACKGROUND: Administrative Policy No. 48 requires that capital equipment items over $500 . 00 not specifically budgeted must receive City Council approval in order to purchase. The furniture and equipment will cost approximately $3 , 770. 00. The budget amendment request is to allow for the transfer of funds for the purchase of necessary office furniture and equipment, such as telephones. The budget amendment would result in Line 175-4310 (Long Range - Professional Services) being reduced by $3 , 770. 00 and Line 171-4550 (Management - Capital Equipment) being increased by the same amount or $3 , 770. 00. ALTERNATIVES: 1 . Approve the resolution for the budget amendment as presented. 2 . Do not approve the resolution for the budget amendment request. ACTION REQUESTED: Offer Resolution No. 3970, A Resolution Amending Resolution 3913 Adopting The 1994 Budget, and move its adoption. RESOLUTION 3970 A RESOLUTION AMENDING RESOLUTION 3913 ADOPTING THE 1994 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are adjusted as follows: Fund Account Amount Planning - Long Range 175-4310 ($3 , 770) Planning - Management 171-4550 $3 , 770 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney Iy CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of Alley along the South line of Block 208, Leriemondie's Addition DATE: February 28, 1994 INTRODUCTION: The attached Resolution No. 3963 sets a public hearing date to consider the vacation of the alley along the south line of Block 208, Leriemondie's Addition. DISCUSSION: The City has received a petition from Mr. David Rutt to vacate the alley located along the south line of Block 208, Leriemondie's Addition. The attached resolution sets a public hearing for April 19, 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. 3963, A Resolution Setting the Public Hearing Date to Consider the Vacation of the alley located along the south line of Block 208, Leriemondie's Addition, and move its adoption. {Crf YCO t t N NAGS PI 10.308: RESOLUTION NO. 3963 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE ALLEY LOCATED ALONG THE SOUTH LINE OF BLOCK 208, LERIEMONDIE'S ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the alley located along the south line of Block 208, Leriemondie's Addition 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 19th day of April, 1994, at 7:00 P.M. or thereafter, on the matter of vacating the alley located along the south line of Block 208, Leriemondie's Addition. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will 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 , 1994. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 00. MEMO TO: Dennis Kraft City Administrator / FROM: Dave Hutton, Public Works Director r J,� SUBJECT: Shakopee Chevrolet Sidewalks a DATE: March 2, 1994 INTRODUCTION: Attached is Resolution No. 3971, declaring adequacy of petition and ordering an improvement and the preparation of plans and specifications for the installation of sidewalks along the Shakopee Chevrolet property located at 1206 E. 1st Avenue. BACKGROUND: Staff has received a petition from the owner of Shakopee Chevrolet located at 1206 E. 1st Avenue for the installation of sidewalks along their property. The petitioners waived their right to a public hearing prior to Council ordering the improvement and also waived their right to appeal any assessments resulting from the improvements. Shakopee Chevrolet recently applied for a building permit for an expansion. Several conditions were placed on the building permit, one of which was to install sidewalks along 1st Avenue. In addition to the sidewalks, they are also required to provide additional landscaping along their property. The owners have indicated that they would prefer that the City of Shakopee construct the sidewalks and assess them for it, rather than installing the sidewalks themselves. The submitted petition accomplishes that goal. Staff would propose to construct this sidewalk with the 1994 Sidewalk Program. Attached is Resolution No. 3971, which declares the adequacy of the petition and orders these improvements. ALTERNATIVES: 1. Accept the petition and adopt Resolution No. 3971, which orders the improvement. 2. Deny the petition. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3971, A Resolution Declaring Adequacy of Petition and Ordering an Improvement and the Preparation of Plans and Specifications for the Installation of Sidewalks Along Shakopee Chevrolet (1206 E. 1st Avenue) and move its adoption. DEH/pmp MEM3971 RESOLUTION NO. 3971 A Resolution Declaring Adequacy Of Petition And Ordering An Improvement And The Preparation Of Plans And Specifications For Installation Of Sidewalks Along Shakopee Chevrolet (1206 E. 1st Avenue) WHEREAS, a certain petition requesting the improvement of sidewalks along Shakopee Chevrolet property located at 1206 E. 1st Avenue, was filed with the City Council on March 8, 1994; and 'WHEREAS, the petitioners waive their right to a public hearing prior to ordering the improvement and also waives their right to appeal any assessments for the improvements. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The petition is hereby declared to be signed by the required percentage of owners of property affected thereby and this declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. That the improvement is ordered as hereinafter described: Installation of sidewalks along 1st Avenue abutting the Shakopee Chevrolet property located at 1206 E. 1st Avenue. 3. David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement,and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee • ATTEST: City Clerk Approved as to form: City Attorney CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the followin improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: 5T C Avenue/Street e t/oy 5/lc �i�F' CA/-z/7--71. by J/c E��cJ li�lt"f • • (improvements requested) • The undersigned hereby waive the right to a public hearing • • prior to Council ordering the imporvements and also waives the right to a public hearing prior to the levying of the assessments a,y=,k related to said improvements. The undersigned further voluntarily waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of • the installation of the above improvements. I/we understand that by signing below I/we waive the right to appeal and later challenge the amount of the special assessment. Dated this /10 day of FE7 - n , 1994/. . ;'. ( --27 • C Paul Walser, President SHA OPFE CEEV OLDS POiv'TIAC GDO INC 1206 E. First Avenue, Shakopee, 1N 55379 STATE OF MINNESOTA ) (INDIVIDUAL ACKNOWLEDGEMENT) COUNTY OF ) On this /1 day of —t 6.G • , 19 (before me, a Notary Public within and for said County, personally appeared PPLA �hLS E7? being sworn, did say that said instrument was executed as their • free act and deed. / - •• N tart' This instrument was drafted by: City of Shakopee , :.,,� OFFICIAL SEAL 129 East 1st Avenue '�' LEILA CHRISTA L AN Shakopee, MN 55379 a, Nulaiy IL -State W Arizona MARICOPACOUNi( �iaA"/ey Gomm Exv.`.:"..kay iL-,a- OSENI I �/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Rahr Malting Service Line DATE: March 2, 1994 INTRODUCTION: Attached is Resolution No. 3972, a resolution approving plans and specifications and ordering the advertisement for bids for the Rahr Service Line Project. BACKGROUND: On May 11, 1993 the City Council of Shakopee discussed the Rahr Malting Lift Station and Forcemain Project. At that time, the City Council directed staff to prepare plans and specifications for the service line (inverted siphon) that would serve Rahr Malting in lieu of a lift station. The City Council directed staff to prepare an agreement to cover the costs of the construction of this line and the deferred assessments regarding this service line. On May 27, 1993 the City Council authorized staff to utilize a consultant, Short-Elliott- Hendrickson, Inc. (SEH), to do the design of this inverted siphon and Rahr service line project. The forcemain portion of the project was designed using in-house staff. The forcemain project was bid and constructed last fall along with the VIP Interceptor Extension. Staff has been working with Rahr Malting officials to finalize the details of the agreement covering the costs of the construction and any future assessments for this service line which goes from 3rd Avenue into their property. The City Attorney has prepared several revisions to the original agreement and the final agreement has been submitted to Rahr Malting for signature. Rahr Malting has indicated that the final draft agreement is acceptable to them and staff is anticipating that the signed agreement will be returned to the City shortly for City execution. The plans and specifications for the service line portion of the project have been completed and are ready for bidding. The Engineer's estimate for this part of the project is approximately is $50,000.00. Because the City already has a contractor hired to do the forcemain and the VIP Interceptor portion of the project, staff first attempted to get the service line added as a change order to the current contract rather than bidding out. Staff has submitted the plans and specifications to the contractor for the forcemain, S.M. Hentges & Sons, Inc. for a proposal to add this to the current contract. The contractor has submitted a price to do this work for a cost of approximately $82,000.00. Staff informed the contractor that the $82,000.00 was unreasonable compared to the Engineer's estimate and requested that a second quote be submitted. The contractor has submitted a second proposal to do the work for a cost of $77,000.00. Again staff feels that this quote is unreasonable compared to the Engineer's estimate. The current contract with S.M. Hengtes & Sons, Inc. for the Rahr Forcemain and the VIP Interceptor is $218,440.00. According to State Law, the most that can be added by change order is 25% of the original contract. For this contract, 25% is $54,000.00. Since the Engineer's estimate is at or slightly below the 25% allowed by State Law, and since the contractor has submitted quotes that are substantially higher than the estimate, staff is recommending that this project be bid separately rather than add it as a change order to the current contract. Attached is Resolution No. 3972, which approves the plans and specifications and orders advertisement for bids for this project. ALTERNATIVES: 1. Adopt Resolution No. 3972, authorizing staff to advertise for bids on this project. 2. Deny Resolution No. 3972. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3972, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Rahr Service Line Project and move its adoption. DEH/pmp MEM3972 RESOLUTION NO. 3972 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Rahr Service Line WHEREAS,pursuant to City Council directive, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the Rahr Malting Service Line which consists of installing a service line from 3rd Avenue north to Rahr Malting to serve Malthouse No. 5 and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee 1 ATTEST: City Clerk Approved as to form: City Attorney / ORDINANCE NO. 374, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING AN INTERIM ORDINANCE RESTRICTING DEVELOPMENT IN BLOCKS 3 AND 4, ORIGINAL SHAKOPEE PLAT, FOR A PERIOD OF ONE YEAR. WHEREAS, in 1980 the City of Shakopee adopted a comprehensive plan guiding development of the City; and WHEREAS, starting in 1990, the City has been revising its comprehensive plan, and anticipates adopting an amended or revised comprehensive plan at the end of 1994; and WHEREAS, in 1981, the City of Shakopee initiated a downtown redevelopment study, which was completed in 1984; and WHEREAS, since 1984 various improvements have been made to portions of the downtown, largely excluding Blocks 3 and 4 of the Original Shakopee Plat; and WHEREAS, the Shakopee Community Development Commission has been conducting studies and held hearings regarding the potential for redevelopment for Blocks 3 and 4 for the past two years, and has submitted its recommendations to the City Council; and WHEREAS, these recommendations constitute a part of the revisions to the downtown plan, which is an element of the comprehensive plan; and WHEREAS, the City Council now is studying the Community Development Commission recommendations, along with revisions to the downtown plan, for the purpose of considering their adoption and incorporation into the amended comprehensive plan; and WHEREAS, in order to protect the planning process and the health, safety and welfare of the citizens of Shakopee, the City needs to prohibit development which would be inconsistent with the proposed amendments to the downtown plan element of the comprehensive plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That development in Blocks 3 and 4, Original Shakopee Plat, shall be restricted for a period of one year. During that time period, no building permits shall be issued for improvements to any property in Block 3 or Block 4, other than for improvements determined by the Building Official to be necessary for health or safety reasons. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication, and shall continue in effect for a period of one year. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of March, 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: eiell . `/•j City Attorney Published in the Shakopee Valley News on the day of , 1994 . [8 MEMO2] -2-