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HomeMy WebLinkAbout04/21/1998 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 21, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene 10] Viewing of Convention and Visitors Bureau Videotape *11] Approve Bills in the Amount of$650,631.20 12] Communications: A] Discussion of Tribal Land Issues - Sen. Claire Robling, Rep. Becky Kelso 13] 7:00 P.M. Public Hearing on the Proposed Improvements to Vierling Drive from CR 15 to Fuller Street, Project No. 1998-3 - Resolution No. 4891 - (bring feasibility report) 14] Recommendations from Boards and Commissions A] Final Plat of Southbridge First Addition, located east of Dean Lake, west of CR 18, south of Hwy. 169 and north of CR 16 -Resolution No. 4885 B] Final Plat of Weston Ponds Addition, located west of Marschall Road and south of 17th Avenue extended-Resolution No. 4898 C] Final Plat of Weston Ponds 2nd Addition, located west of Marschall Road and south of 17th Avenue extended-Resolution No. 4899 D] Horizon Heights 5th Addition-Resolution No. 4902 TENTATIVE AGENDA April 21, 1998 Page -2- 15] General Business A] Park and Recreation *1. Authorization to Paint the Ceiling of the Ice Arena B] Community Development *1. SuperValu Distribution Center Environmental Assessment Worksheet(EAW) *2. Transportation Plan Distribution C] Public Works and Engineering 1. Award Contract for Southbridge Parkway, Project No. 1997-4, Resolution No. 4883 2. Order Feasibility Report and Set Public Hearing on Improvements to 17th Avenue from Sarazin Street to 1/2 Mile East of Sarazin Street-Resolution No. 4892 *3. Recycling Program Agreement with Scott County 4. Street Lighting Policy 5. Hourly Restrictions on Construction Activities -Frattalone Excavating& Grading *6. Completion of Probationary Period-John DeLacey D] Police and Fire *1. Acceptance of Minnesota Auto Theft Prevention Grant- Resolution No. 4888 *2. Pawn Shop Record Keeping Regulations- Ordinance No. 517 *3. Amending 1998 Fee Schedule- Resolution No. 4889 4. Designating Loading Zone -Resolution No. 4896 *5. Code Enforcement Officer Position 6. Accept Resignation from Sgt. Ray Erlandsen and Adopt Resolution of Appreciation 7. Police Officer Severance Agreement *8. Fire Station Change Order No. 3 E] General Administration *1. Parking Exemption-Adams Street North of 10th Avenue 2. Tobacco Regulations *3. Authorizing Bank Transfers-Resolution No. 4887 *4. Amending Personnel Policy- Resolution No. 4890 5. Modifying Financing Plan for TIF District#11, Seagate Technology -Res. No. 4897 *6. Release of Letter of Credit for Prairie Village 1st Addition 16] Other Business 17] Adjourn Reminder: April 28, 1998,Goal Setting Session at 4:30 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting April 21, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes-April 7, 1998 4. Financial A.)Approval of Bills 5. Downtown/ 1st Avenue Revitalization Committee A.)Member resignation and appointment of replacement 6. Seagate Technology Project A.)Resolution No. 9 8—3 ,Modifying TIF Plan for TIF District No. 11 B.)Resolution No. 9 8—4 ,Awarding the Sale of,and Providing the Form,Terms, Covenants and Directions for the Issuance of Its$3,51,195 Taxable Tax Increment Revenue Note,Series 1998A 7. Evergreen Heights Townhomes Update/Liveable Communities Demonstration Account Application — a A.kr2„).«, f' 8. Other Business: 9. Adjourn • edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION APRIL 7, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Link called the meeting to order at 7:20 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Sweeney/Brekke moved to approve the March 17, 1998, minutes. Motion carried with Comm. DuBois abstaining. 4. Financial A. Approval of Bills Brekke/Amundson moved to approve bills in the amount of$324.15 for the EDA General Fund and $1,419.20 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. Seagate Technology Project A. Resolution No. 98-2, Approving a Contract for Private Development by and Among the Economic Development Authority for the City of Shakopee, the City of Shakopee, and Seagate Technology, Inc. Jim Thomson, City Attorney, briefly reviewed the terms and conditions under which the EDA will be providing economic assistance to Seagate. There are two land transactions. The first involves the purchase of the development property from Valley Green. The second involves the purchase of the Mn/Dot property by the City. Acquisition costs for both parcels will be subject to reimbursement to Seagate through Tax Increment Financing (TIF) under the development agreement. The current agreement specifies that Official Proceedings of the April 7, 1998 Shakopee Economic Development Authority Page -2- the City will maintain ownership of the Mn/Dot property and that Seagate will develop the property with a parking lot. Non-exclusive use of the parking lot is also provided to Seagate to provide parking to the new building. Mr. Thomson explained that the EDA will reimburse Seagate for certain costs on a pay as you go tax increment basis. He explained that a series of notes will be issued by the EDA and as Seagate occurs certain costs they will come back to the EDA to pay. These notes are simply promissory notes and are not a general obligation of the City. The maximum amount the City is obligated to pay is the tax increment generated for the parcel until February, 2009. The notes will be issued for five types of costs incurred by Seagate: (1) Costs to acquire development property from Valley Green, (2) Costs advanced to the City to acquire the MnDOT parcel, (3) Costs to construct the parking improvements on the MnDOT parcel, (4) Costs for certain site improvements on the Seagate property, and (5) reimbursement for administrative costs paid by Seagate. The maximum principal amount of the notes for these costs is $4,247,600. As part of the agreement, Seagate will be required to create 850 full-time jobs within one year after issuance of the Certificate of Completion for Phase I, and an additional 416 jobs will be created by August 1, 2002, over and above the initial 850 jobs. They must also show that at least 40 net new jobs were created above those transferred to this site. In addition, the 40 new jobs must pay a minimum of $12.00 per hour. Mr. Thomson explained that if these conditions are not met, there will be a pro rata reduction on future tax increment to be paid out. The agreement states that Phase I (at least 260,000 square feet) must be completed by December 31, 1999, and Phase II (an additional 80,000 square feet) must be completed by December 31, 2002. In addition, Seagate may not transfer its rights under the contract without the EDA's approval before the entire facility is complete. In response to a question regarding the parking lot, Mr. Thomson explained that the parking lot will always be owned by the City. He said the use agreement has not been drafted at this time, but basically Seagate will be required to maintain the parking lot, provide security, and indemnify the City from any claims arising from use. Roger Guenette, Seagate, approached the podium and said he hoped that the timing of expenses would be such that they could avoid having five notes. In response to comments regarding the parking lot, he said the anticipation is that the Seagate employees will use a majority of the parking stalls, but there is a potential for a Park and Ride situation. Oficial Proceedings of the April 7, 1998 Shakopee Economic Development Authority Page -3- Sweeney/DuBois offered Resolution No. 98-2, A Resolution Approving a Contract for Private Development Among the City, the Shakopee Economic Development Authority, and Seagate Technology, Inc., and moved its adoption. Motion carried unanimously. 6. Other Business None. 7. Adjournment DuBois/Amundson moved to adjourn to April 21, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 7:35 p.m. 140/Lik,j. °j?C ith S. Cox A Secretary Esther Ten Eyck Recording Secretary *441 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 16, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 4/03/98 to 04/16/98 . Action Requested Move to approve bills in the amount of $38 .23 for the EDA General Fund and $15, 887 . 19 for the Blocks 3&4 Funds. E I o O o 0 0 0 0 0 0 0 0 O O O O II H I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O II O I • • II W I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O II RS I O I H N M M M O ri CO LI O U) 01 01 01 N II dl CO N N N 0 M N VI rl 0 H H H dl II E U) N CO CO CO O co -i .a M CO N N N. 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H 0 0 0 0 0 0 0 HH CO HN W W HHHHHri CA W O NM 0 H MMMLnLC) U) 0 H El 0 sr sr 0 IX P» H 0 sr sr Tr w sr a' H0 0 El O H H a 0 W a1 01 01 01 a1 01 a 0 W C4 wwH01 H Ix Ix srssr1IX I>» 00 0 0 04 E rnrnalrnolal 0 0 O4 [14 E H0101 0 000000 0 0 O H H , Et 0 0 0 0 0 0 0 0 E 44 0 Ln Ln El E * 010101010101E E it z H H 0 0 * M M M co co M 0 0 * * G4 H H E E * d' d' dl dl dl dl E E * * gA . 5 k CITY OF SHAKOPEE Memorandum • TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Downtown/ 1st Avenue Revitalization Committee: member resignation and replacement DATE: April 21, 1997 Introduction: The EDA is asked to accept Mr. Jim Quiring's resignation from the Downtown / 1st Avenue Revitalization Committee. Please refer to the attached letter from Mr. Quiring. The EDA is also asked to give direction as to Mr. Quiring's replacement. Background: At its September 2nd Meeting, the EDA nominated 13 applicants to the Downtown / 1st Avenue Revitalization Committee, and appointed a Selection Committee comprised of two EDA board members and city staff. The charge of the Selection Committee was to interview the thirteen applicants and select 7 for final approval by the EDA. The thirteen candidates were ranked by the Selection Committee according to their respective applications and interviews. At its October 26th meeting, the Selection Committee recommended to the EDA the seven highest ranked candidates to serve the Downtown / 1st Avenue Revitalization Committee. The EDA approved the Selection Committee's recommendation. The revitalization committee is comprised of the seven volunteers in addition to one EDA board member and the Economic Development Coordinator. The Selection Committee intended the candidate ranking to also provide replacements if necessary; in case an original appointee could not serve or had to resign, the next highest ranked candidate would be appointed as a replacement. Options: Since Mr. Quiring has submitted his resignation, the EDA needs to make a decision on accepting the resignation and how to go about selecting a replacement. Following are the options regarding methods by which to select a replacement: adhocmo7.doc 1. Direct staff to contact the next highest ranked candidate (that is still interested in serving) as identified by the original Selection Committee, and present the candidate to the EDA for appointment/approval. 2. Re-appoint a selection committee to re-interview the six candidates that were not appointed, and make a replacement recommendation to the EDA at a later date. Re- appointing a selection committee would be necessary since one member of the original selection committee is no longer a City Council member. 3. Direct staff to re-advertise for the opening and present the new candidates, in addition to the six candidates that were not originally appointed, to the EDA for nomination. This would again require the re-appointment of a selection committee, and additional interviews. Requested Action: • 1. Offer and pass a motion to accept Mr. Jim Quiring's resignation from the Downtown/ 1st Avenue Revitalization Committee 2. Offer and pass a motion to direct staff to contact the next highest ranked candidate (that is still interested in serving) as identified by the original Selection Committee, and present the candidate to the EDA for appointment/approval. adhocmo7.doc Pearson Florist 112 Sommerville Street Shakopee, MN 55379 (612) 445-4344 MARCH 9, 1998 PAUL SNOOK ECONOMIC DEVELOPMENT COORDINATOR 129 HOLMES STREET SOUTH SHAKOPEE, MN 55379 DEAR PAUL AND AD HOC COMMITTEE MEMBERS: IT IS WITH REGRET THAT I SUBMIT MY RESIGNATION FROM THIS COMMITTEE. TWO CONCERNS HAVE CAUSED ME TO REACH THIS DECISION: I DID NOT REALIZE THE TIME COMMITMENT NEEDED TO PROPERLY SERVE THIS COMMITTEE AND SHAKOPEE. IT IS NOT THAT MY TIME IS MORE IMPORTANT THAN YOUR TIME, BUT MY BUSINESS DEMANDS THAT I BE HERE DURING THE RETAIL DAY. MY PHILOSOPHY ON DECISION MAKING DIFFERS FROM THE REST OF THE GROUP. I BELIEVE IN MAKING A DECISION TODAY BASED ON THE FACTS AT HAND. RATHER THAN BEING A THORN IN THE SIDE, I BELIEVE IT WOULD BE MORE BENEFICIAL FOR ALL CONCERNED IF THE COMMITTEE FOUND SOMEONE TO WORK WITH THE MAJORITY. THANK YOU FOR THE OPPORTUNITY AND GOOD LUCK WITH YOUR MISSION. SINCERELY, (:::::::d974111244e C2(AtAt JAMES R. QUIRING r _ C.A . CC - /sE. 5: CITY OF SHAKOPEE Memorandum • TO: Mayor and City Council Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: City Council Resolution No. 4 8 9 7 ,and EDA Resolution No. 98-3 ,modifying Tax Increment Financing Plan for Tax Increment Financing District No. 11 DATE: April 21, 1997 Introduction & Background: The City Council and EDA are asked to pass respective resolutions modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11. At its February 3rd meeting,the City Council and EDA passed resolutions approving the Tax Increment Financing Plan for TIF District No. 11. ' The modification is necessary to simply reflect the revised categories of tax increment spending under Sec. 2.02 Q of the TIF Plan, "Estimate of Project Costs". The revised categories include"Public Parking Improvements", Site Improvements", Electric Utility Improvements", "Traffic Improvements, and"Administration". The original total amount of tax increments approved by the Council and EDA on February 3rd, $4,600,000, does not change with the approval of this modification. If the Utility Costs end up exceeding the total budget in the plan, a future additional modification will be needed, including a public hearing and 30-day notice to the county and school district. Action Required: City Council Offer Resolution No. 4 8 97 ,modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11. Economic Development Authority Offer Resolution No. 9 8—3 , modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11. sgtrsmo3.doc ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION NO. 9 8-3 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority for the City of Shakopee, Minnesota ("Authority") as follows: Section 1. Recitals. 1.01. The City of Shakopee ("City") and the Authority approved the creation of Tax Increment Financing District No. 11 ("TIF District") and a Tax Increment Financing Plan ("TIF Plan") for that district, by resolutions approved February 3, 1998 in accordance with-Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the categories of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan. Section 2. TIF Plan Modified. 2.02. Section Q. of the TIF Plan is hereby modified to read as follows: The Authority intends to facilitate development of a manufacturing facility to be constructed by Seagate Technology, Inc. The costs to be financed primarily with tax increments are estimated as follows: Land Acquisition (includes cost of fully-improved land $3,700,000 for development site; parking lot land) Public Parking Improvements 200,000 Site Improvements 330,000 Electric Utility Improvements 200,000 Traffic Improvements 150,000 Administration 20,000 TOTAL $4,600,000 SJB102028 BR305-45 The above figures are estimates, which may shift among categories without modification of this TIF Plan, provided that the total costs will not exceed the total listed. - Costs within each category are deemed to include capitalized interest which will vary depending on when or if bonds are issued, but in-any event will not exceed three years as required by Minn. Stat. Ch. 475. In addition to the costs listed above, the Authority may retain up to ten percent of the total tax increment collected each year for additional administrative expenses, subject to the limitation that no more than 10 percent of total tax increment expenditures may be expended for administrative costs, as described in Subsection L hereof. While the Authority retains the right to such ten percent administrative budget, it currently anticipates an administrative retainage of three percent, as shown in Schedule C (in addition to the amount described in the budget set forth above). Further, the Authority may pay interest on any bonds or pay as you go obligations issued to finance such capital costs, as described in Section R. 2.03. Authority staff are authorized and directed to attach a copy of this resolution to the TIF Plan in the Authority's files for the TIF District, and to transmit a copy of the resolution to the Department of Revenue. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this day , 1998. President ATTEST: Executive Director SJB102028 2 BR305-45 CITY OF SHAKOPEE RESOLUTION NO. 4 8 9 7 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11 BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City the Economic Development Authority for the City of Shakopee (the "Authority") approved the creation of Tax Increment Financing District No. 11 ("TIF District") and a Tax Increment Financing Plan ("TIF Plan") for that district, by resolutions approved February 3, 1998 in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority,increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the categories of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan, as described in the Authority's Resolution No. Section 2. Modification Approved. 2.01. The Council hereby approves the modification of the TIF Plan in the form described in the Authority's Resolution No. Approved by the City Council of the City of Shakopee this day_ , 1998. Mayor ATTEST: City Clerk SJB141383 SH235-04 A. G ?), CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolution No. 98-4,Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of Its $3,591,195 Taxable Tax Increment Revenue Note, Series 1998A DATE: April 21, 1997 Introduction & Background: • The EDA is asked to pass the enclosed resolution authorizing the Note that relates to the acquisition of property from Valley Green Business Park for the Seagate Technology project. At its April 7th meeting, the City Council and EDA passed resolutions approving the Contract for Private Development by and among the EDA, City and Seagate Technology, Inc. Section 3.3 (b)of the Contract specifies that the EDA will issue a Note in the principal amount of the development property acquisition costs, and shall deliver the Note to Seagate upon closing on Seagate's acquisition of fee title to the development property and compliance by Seagate with the terms of the Contract Section related to public redevelopment costs. This Note is simply evidence of the tax increment pay-as-you-go obligation to Seagate. It is not a general obligation of the EDA. Seagate will close May 6 on its acquisition of the development property from Valley Green Business Park, and therefore it is appropriate for the EDA to approve the resolution authorizing the Note related to these costs. • Action Required: Offer Resolution No. 98-4,Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of Its $3,591,195 Taxable Tax Increment Revenue Note, Series 1998A sgtrsmo4.doc RESOLUTION NO. 9 8-4 RESOLUTION AWARDING THE SALE OF, AND. PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $3,591,195 TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 1998A BE IT RESOLVED BY the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee (the "Authority") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and City of Shakopee ("City") have heretofore approved the establishment of Tax Increment Financing District No. 11 (the"TIF District")within the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its $3,591,195 Taxable Tax Increment Revenue Note, Series 1998A (the "Note") for the purpose of financing certain public costs of the Project. 1.02. Issuance, Sale, and Terms of the Note. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with that certain Contract for Private Development between the Authority, the City and the Owner dated April 7, 1998 (the "Agreement"). The Note shall be sold to Seagate Technology, Inc. ("Owner"). The Note shall be dated as of the date of delivery thereof and shall bear interest at the rate of 7.5% per annum to the earlier of maturity or prepayment. The Authority shall receive in exchange for the sale of the Note the satisfaction by the Owner of its obligation to pay the Public Redevelopment Costs (as defined in the Agreement), or portions thereof, in the principal amount of the Note . Section 2. Form of Note. The Note shall be in substantially the following form,with the blanks to be properly filled in and the principal amount, interest rate and payment schedule adjusted as of the date of issue: SJB141402 811235-04 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE No. R-1 $3, 591,195 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 1998A Date of Original Issue , 1998 The Economic Development Authority for the City of Shakopee (the "Issuer"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of Seagate Technology, Inc. or registered assigns (the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal sum in an amount not to exceed $3,591,195 (the "Principal Amount"), together with interest thereon at the rate of 7.5% per annum. This Note is given in accordance with that certain Contract for Private Development among the Issuer, the City of Shakopee (the "City"), and the Owner dated as of April 7, 1998 (the "Agreement"). Capitalized terms used and not otherwise defined herein shall have the meaning provided for such terms in the Agreement unless the context clearly requires otherwise. Principal and interest of this Note shall be payable in semi-annual installments payable on each February 1 and August 1,(the "Scheduled Payment Dates")commencing August 1,2000 and ceasing no later than February 1, 2009 (the "Final Maturity Date"). The Principal Amount and interest thereon are subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. Interest at the rate stated herein shall accrue on the unpaid Principal Amount,commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. Interest accruing from the date of original issue to the first Scheduled Payment Date shall be compounded semiannually on February 1 and August 1 of each year and added to the Principal Amount. This Note is payable solely from and to the extent of"Available Tax Increment," which shall mean, on each Scheduled Payment Date, the 97 percent of the Tax Increment attributable to the Development Property and paid to the Authority by Scott County in the six months SJB141402 SH235-04 2 preceding the Scheduled Payment Date. The Authority's calculation of Available Tax Increment shall be conclusive. Except to the extent qualified by Section 3.6 of the Agreement, the Issuer shall have no obligation to make any payment on any Scheduled Payment Date if, as of such date there has occurred and is continuing any Event of Default on the part of the Owner as defined in the Agreement. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment as of such Scheduled Payment Date shall be deferred and paid, without interest thereon, on the next Scheduled Payment Date after the Event of Default is cured. If an Event of Default is not timely cured and the Authority elects to terminate the Agreement and the Note (subject to the qualifications set forth in Section 3.6 of the Agreement), the Note shall be deemed terminated and the Issuer shall have no further obligations hereunder. This Note shall terminate and be of no further force and effect as of the earlier of: (1) the last Scheduled Payment Date; (2) the date the Principal Amount together with accrued interest thereon shall have been paid in full; or (3) the date the Agreement and the Note-have been terminated in accordance with the Agreement. The Issuer makes no representation or covenant, express or implied, that Available Tax Increment will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Issuer shall have no obligation to pay any portion of the Principal Amount or accrued interest thereon that remains unpaid after February 1, 2009. This Note is issued for the purpose of financing certain public redevelopment costs in connection with a project undertaken by the Issuer pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and is issued pursuant to the resolution of the Issuer adopted on April 21, 1998 (the "Resolution") duly adopted by the Issuer pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.178. This Note is a limited obligation of the Issuer, payable solely from moneys pledged to the payment of the Note under the Resolution. The Note shall not be deemed to constitute a general obligation of the State of Minnesota, or any political subdivision thereof, including, without limitation, the Issuer. Neither the State of Minnesota, nor any political subdivision thereof, including, without limitation, the Issuer, shall be obligated to pay the principal of this Note or other costs incident hereto except from the revenues and receipts pledged therefor, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof, including, without limitation, the Issuer, is pledged to the payment of the principal of this Note or other costs incident hereto. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Issuer kept for that purpose at the principal office of the Registrar, by the Owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Issuer, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Issuer with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing no interest, and maturing on the same dates. SW3141402 3 S11235-04 This Note shall not be transferred to any person or entity unless the Issuer has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Issuer, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Transfer of the ownership of-this Note to a person other than one permitted by this paragraph without the written consent of the Issuer shall relieve the Issuer of all of its obligations under this Note. IT IS HEREBY CERTIFIED AND RECITED that all acts,conditions,and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Board of Commissioners of the Shakopee Economic Development Authority has caused this Note to be executed by the manual signatures of the President and the Executive Director of the Issuer and has caused this Note to be dated as of the Date of Original Issue specified above. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE Executive Director President SJB141402 4 SH235-04 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director Seagate Technology, Inc. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Scheduled Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. S.18141402 SH235-04 (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in itsjudgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed,upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof,and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its Chair and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. SJB141402 SH235-04 6 4.02. Note Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special TIF District No. 11 Note Fund (the "Note Fund") to be used for no purpose other than the payment of the principal of and interest on the Note and any other Notes issued pursuant to Section 3.3 of the Agreement. The Authority irrevocably agrees to appropriate to the Note Fund all Available Tax Increment received by the Authority. Any Available Tax Increment remaining in the Note Fund shall be transferred to the Authority's account for TIF District No. 11 upon the payment in full or termination, in accordance with their terms, of all Notes issued pursuant to this resolution and Section 3.3 of the Agreement. 4.03. Additional Obligations. The Authority may issue any other Notes in accordance with Section 3.3 of the Agreement, all of which Notes shall be on a parity basis with the Note issued under this resolution. Except as provided in the previous sentence, the Authority may not issue any other obligations secured in whole or in part with Tax Increment (as defined in the Agreement) unless the pledge of Tax Increment to such obligation is fully subordinate to the pledge of Tax Increment to the Notes issued pursuant to Section 3.3 of the Agreement. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 5. Effective Date. This resolution shall be effective upon the date of approval, or upon full execution of the Agreement, whichever is later. Adopted this 21th day of April, 1998. President ATTEST: Executive Director SJB141402 811235-04 7 (f✓•' OF SHAKOPEE CITY ►2 Eco nomic Development Authority TO Executive Director Mark McNeill, FROM �bomes Update) lication Heights Tows Account App CT: E�exg1 Communities Demonstration SUBJECT: Livable April 16,199$ DATE: 'Heights Townhome CTION: the Evergreen Heig fission of an update on authorize submission INTRODUCTION:the April U there will be an p ed to would,if successful, meeting, will be ask t which that the EDA Demonstration Account ril 21st EDA possibility em At the Ap is also a P Con unities Act D Project. There care facility to the Livable on-site day application construction of an fund the constru Evergreen Council regarding City affordable BACKGROUND: date for the will provide d day care will be an up project which job training,an site, meeting,there multifaceted p Deities,j for grading affordable the At the April 21st m together as a employment op that providing is coming level emp of p Heights,which biped with entry contribution,be cam the City's most visiblbegan April 15th. this the Housing,t Work°n property), to making City facilities. tion pTop and which is a key Aril 20th, former excess fire station finalized, facility. On p be (the form yet been child care Heights project?will has not on-site chi vergreit HOn oC tration component which funding of the er of the E unities Dem The one comp is the fu develop Livable Communities the City. t that itis, Mitt' of ahan, for the L ht throng pique concept and Greg o f application be song SCHRA'' possibility This could be due by staff,the the p fund the day care. es would , to discuss to project summer cries meeting grant moniesmade,p project summaries'Account,for g is to be e the p need to be application In order to mak would account app July 15th• applicant,action demonstration applications due to be an app If the LCA Awith formal app City is going 6th meeting May 15th,with assuming that the April 21st,or May e either the Ap discussions made at the April deadline, b the EDA at e based on authorized Y making a report on this, ortheH�willbem City staff 20th staff meeting. ACTION REQUIRED: The EDA will be asked to hear the presentation, and, if recommended,for c L Livable action Commun tierelatins to submission of a project summary, as a first step in an application Demonstration.Account Program,for day care funding. 'LOU- I° Mark McNeill Executive Director MM:tw 79M . 7 7 CITY OF SHAKOPEE Memorandum TO: EDA President and Commissioners/Mayor and Council Members Mark McNeill, Executive Director/City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Authorization Prepare and Submit a Project Summary for Livable Communities Funding for the Evergreen Heights Affordable Housing/Day Care Project DATE: April 21, 1998 Introduction: For 1998 the Metropolitan Council will distribute about$4.1 million in Livable Communities demonstration grant funds. Bill Jaffa of the Scott County HRA and Greg McClenahan of Evergreen Development have discussed the possibility of submitting an application for demonstration grant funds for the day care portion of the Evergreen Heights housing project. The project is described in the attached project outline. The first step in the application is the submission of a Project Summary to the Metropolitan Council by May 15, 1998. By the beginning of June, applicants are provided with review comments by the Met Council. Formal applications are then due by July 15, 1998. The Council is only being asked to authorize the Project Summary at this time. The formal application would be brought back to the Council for review and approval prior to submittal to the Metropolitan Council. Alternatives: 1. Offer and pass a motion authorizing staff to work with the Scott County HRA and developer of Evergreen Heights on a Project Summary for submittal to the Metropolitan Council on behalf of the City of Shakopee. 2. Do not authorize staff to work with the Scott County HRA and developer of Evergreen Heights on a Project Summary for submittal to the Metropolitan Council on behalf of the City of Shakopee. 3. Table the matter for additional information. Staff Recommendation: Staff recommends Alternative No. 1. i:\commdevkc\1998\cc0421\daycare.doc Action Requested: Offer and pass a motion authorizing staff to work with the Scott County HRA and developer of Evergreen Heights on a Project Summary for submittal to the Metropolitan Council on behalf of the City of Shakopee. 7.„? /- sfee„.1 R. Michael Leek Community Development Director i:\commdev\c61998\cc0421\claycare.doc DEMONSTRATION DAYCARE PROJECT OUTLINE Location: Shakopee, Mn - See attached location map. Housing Development: EverGreen Heights Townhomes - 10 acre site containing 56 tax credit townhomes and 12 Holtman-funded townhomes Daycare Location: 2 acre site immediately adjacent to Housing Development Immediate Employment: 1200 employee Seagate Research and Development Center (pending) and Shakopee Industrial Park Local Government Support: City of Shakopee - owns both 10 acre and 2 acre site - providing in-kind support of excavation and grading - supports both housing and daycare, see attached letter Scott County HRA - owns Hollman townhomes - partner in development - administers public housing and section 8 resident self- sufficiency program Carver-Scott Educational Cooperative - providing in-kind support of construction labor, see attached letter Private Non-profit Operating Entity: CAP Agency will administer and operate non- profit daycare with goals of establishing employer sponsorship for nonstandard hour, income-eligible, sliding-scale fee daycare services, see attached letter GAM-194484.1 Low-Income Resident Self-sufficiency Program: - Scott County HRA administers a public housing and section 8 resident self-sufficiency program, which promotes resident transition to home ownership. - Welfare-to-work efforts are thwarted by lack of affordable daycare for working parents. - There is no center-based daycare in Shakopee for those parents receiving existing childcare subsidies from Scott County. Daycare is an ignored and unfunded component of the goal of economic self sufficiency of low and moderate-income households. Daycare is an essential service for the same population served by multiple sources of legislatively appropriated housing funds, yet daycare has received no similar legislative support as has housing. The proposed daycare center provides an ideal demonstration project for legislative funding. A better supported, more appropriately linked, multi-focused and politically supported daycare project would be difficult to conceive. We urge special consideration to legislative funding for this daycare in the anticipated special session. For More Information, contact: Gregory A. McClenahan, ph. (612) 806-0406. William Jaffa, ph. (612) 447-8875. Executive Director, Scott County HRA GAM-194484.1 CITY OF SHAKOPEE / 0 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator (� SUBJECT: Convention and Visitors Bureau Videotape . DATE: April 16, 1998 Councilmember Deb Amundson, liaison to the CVB Board,has requested that the Convention and Visitor Bureau's 5 minute promotional video tape of Shakopee be shown at the April 21st Council meeting. This will be able to be viewed by those in attendance at the meeting, as well as those watching from home. mark 44 /I CITY OF SHAKOPEE CONSENT Memorandum a TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 16, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 04/16/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $15, 925 .42 . Action Requested Move to approve the bills in the amount of $650, 631.20 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/16/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 172 13,218 20 12 CITY ADMINISTRATOR 225,000 11,613 49,266 22 13 CITY CLERK 182,430 12,972 45,807 25 15 FINANCE 326,090 15,391 70,435 22 16 LEGAL COUNSEL 253,500 37,528 92,250 36 17 COMMUNITY DEVELOPMENT 474,700 18,276 99,048 21 18 GENERAL GOVERNMENT BUILDINGS 153,890 5,646 25,415 17 31 POLICE 1,786,920 110,589 473,101 26 32 FIRE 482,560 32,742 104,634 22 33 INSPECTION-BLDG-PLMBG-HTG 261,400 12,263 57,617 22 41 ENGINEERING 442,010 25,651 99,021 22 42 STREET MAINTENANCE 828,580 27,633 164,842 20 44 SHOP 125,890 10,443 31,048 25 46 PARK MAINTENANCE 373,940 23,959 82,622 22 91 UNALLOCATED 635,480 6,480 324,574 51 TOTAL GENERAL FUND 6,617,720 351,358 1,732,899 26 17 COMMUNITY DEVELOPMENT 485,570 310 52,380 11 TOTAL TRANSIT 485,570 310 52,380 11 19 EDA 156,600 3,678 14,451 9 TOTAL EDA 156,600 3,678 14,451 9 H 0 in ro a pp RHHHHHH HH HHHHHH 0 0 0000000 00 0 0 00 00 0 x W» W OM ai 01 01 01 01 01 01 O H H H H H H z - I I I 1 I I CO W mom 01 0 H H erC'erVVV T'd' HEEEHH 01 NNNNNNN MM 01 VM VM COCOMM MM 0 NNNNNN 00 000000 a ll) mmmmmmm MM to N .DW mm UIIn In U)U)U) H N MMMMMMM WW N H N mu)mutmin NN HHHHHH W» d' mmmmmmu) LU m N IL MM tO H 000000 H H m m m m m m a a 0 0 0 0 0 0 0 W AW H O 0 0 0 0 0 000000 mut HHHHHH FC H 0100000 Ill C3 HNMerU1er 0 0 HHHHHHH 00 0 H 00 00 0 H HHHerHN CO 01 00000300000 H H NNNNNNN HH d' N MM stn er ZW NMNNMM MN 00000er d' N MMMMMMM NN tO M MM NN N DM d'w a'w er d' VM N N N N N M d' d' er d'd'er er w w d'd' H er VI. w d' d' O w 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 I I i i i i U Z H H H H H H H O M M m M M H d' M HHHHHHH HM O H HH HH M 00 HMU)HHH HH HHHHHO m N NMNHMH)n MM CO N NN VV U) 4z 000000 O0 00000001 H 0 0000000 'OW m 0 mm 00 0 WW al c4 W ED CD At4W;Wm 0W 00X )p;al W 4tCU z0W- X Cl) CFH W 00044 Cl) mm WW N 0 W WX9 ED el W4mM00x W00 Z N H H H0) I 0) En U I1 H HH ZZ W H a 1HW 40 CHH 1 0 .a as wW-' z 0 a a azm WW: HHHmW a 0 H a 04H 04 1 ZEH ' > Q'' H - W» D 044 x W4xzHH 0 00 mm HH U mmmZgt al c..) 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Ca w Cu C>;. w 3 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive Improvements, from the West Plat Line of Orchard Park West to Fuller Street Project No. 1998-3 DATE: April21, 1998 INTRODUCTION: Attached is Resolution No. 4891, a resolution ordering the improvement and plans and specifications for Project No. 1998-3 an improvement to Vierling Drive, from the West Plat Line of Orchard Park West to Fuller Street. BACKGROUND: On February 17, 1998, Resolution No. 4842 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to Vierling Drive, from C.R. 15 to Fuller Street. On March 17, 1998, Resolution No. 4866 was adopted by the City Council which received the feasibility report and called for a public hearing on April 21, 1998 on this project. This project was initiated by City Council based upon a petition request from the developer of Orchard Park West. Vierling Drive is a major collector serving undeveloped property from County Road 15 to Fuller Street. The feasibility report analyzed whether to construct the entire length of Vierling Drive or only the segment through Orchard Park West at this time. The conclusion and recommendation from staff based on meetings with the property owners and cost analysis is to proceed with the segment of Vierling Drive through Orchard Park West only at this time. The main reason for not constructing the entire length is that the property owner to the west is not ready to develop and the City has a large assessment obligation through Lion's Park that was not included in the 1998 Capital Improvement Program and 1998 Budget. Staff would recommend that the segment west of Orchard Park West be considered for the 1999 construction program. In order to develop Orchard Park West which is an approved plat, Vierling Drive from the west plat line of Orchard Park West to Fuller Street is necessary and is the only segment recommended by staff at this time. Staff will provide a brief presentation of the feasibility report at the Council meeting. STAFF WOULD REQUEST THAT COUNCIL BRING THEIR FEASIBILITY REPORT TO THE MEETING. ALTERNATIVES: 1. Adopt Resolution No. 4891, which orders plans and specifications to improve Vierling Drive from the West Plat Line of Orchard Park West to Fuller Street as recommended by the feasibility report. 2. Adopt Resolution No. 4891, which orders plans and specifications for this project as recommended by the feasibility report and as amended by the City Council. 3. Determine that this project should not be constructed at this time and deny Resolution No. 4891. 4. Continue the Public Hearing for additional public comment. 5. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4891, to improve Vierling Drive from the West Plat Line of Orchard Park West to Fuller Street as per the feasibility report. ACTION REQUESTED: Offer Resolution No. 4891, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Vierling Drive, from the West Plat Line of Orchard Park West to Fuller Street, Project No. 1998-3 and move its adoption. siali Bruce Loney Public Works Director BL/pmp RESOLUTION NO. 4891 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Vierling Drive, From The West Plat Line Of Orchard Park West To Fuller Street Project No. 1998-3 WHEREAS, Resolution No. 4866 adopted on March 17, 1998, fixed a date for Council hearing on the proposed improvement of Vierling Drive, from County Road 15 to Fuller Street by grading, paving, curb & gutter, sidewalk, sanitary sewer, watermain, storm sewer and appurtenant work; 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 21st day of April, 1998, 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 necessary, cost effective and feasible and is ordered as hereinafter described: Vierling Drive, from the West Plat Line of Orchard Park West to Fuller Street by grading,paving, curb & gutter, sidewalk, sanitary sewer,watermain, storm sewer and appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1998-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk SI/. )9 . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Southbridge First Addition DATE: April 21, 1998 Introduction: Shakopee Crossings, The Minneapolis Foundation and Valley Green Business Park are requesting approval of the Final Plat for Southbridge First Addition. The Planning Commission reviewed the final plat request on April 9, 1998. CONSIDERATIONS: The Preliminary Plat of Southbridge First Addition was reviewed and approved by the City Council on April 7, 1998. The Final Plat is in substantial conformance to the Preliminary Plat. ALTERNATIVES: 1. Approve Resolution No. 4885 approving the final plat of Southbridge 1st Addition subject to conditions. 2. Approve the Final Plat of Southbridge 1st Addition subject to revised conditions. 3. Do not approve the Final Plat of Southbridge 1st Addition. 4. Table action on this item and request additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval subject to the conditions set forth in Resolution No. 4885. ACTION REQUESTED: Offer and pass Resolution No. 4885, a resolution approving the final plat of Southbridge 1st Addition. AZjf" R. Michael Leek Community Development Director \\$nds\.sh_fs 1_sys3.cityhall\share\commdev\cc\1998\fpsobrg3.rtf RESOLUTION NO.4885 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SOUTHBRIDGE 1st ADDITION WHEREAS,Valley Green Business Park Limited Partnership(a Minnesota Limited Partnership), The Minneapolis Foundation(a Minnesota non-profit organization), and Shakopee Crossings Limited Partnership(a Wisconsin Limited Partnership),the applicants, have applied for Final Plat approval for property located south of STH 169 and west of CR 18; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto;and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Southbridge 1st Addition on February 5th and 191h and March 5, 1998, and the Final Plat on April 9, 1998, and did recommend its approval;and WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; WHEREAS,the Council has made the following findings relative to future groundwater levels that may affect the proposed subdivision; a) The ordinary high water level (OHWL) for Dean Lake is 747.0. b) The 100-year flood elevation for Dean Lake is 749.0. c) Previous studies and modeling conducted by the Minnesota Department of Natural Resources(MnDNR) have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. d) STS Consultants LTD. and Peters, Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil \\$nds\.sh_fs l_sys3.cityhall\share\commdev\cc\1998\fpsobrg3.rtf mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. e) The lowest floor elevation proposed for any structure in the proposed project is 750.0 f) Based on the information available regarding the current and possible surface water elevations in the project area, as w3�Shiel would result as the project in floodingit 't appear of homes that the cessation of pumping by CAMA Y proposed to be constructed in the project area. NOW,THEREFORE,BE 11'RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Southbridge 1st Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. 1)the b) The developers enter into separate agreements of Southbridlng ge Parkway,and 2) of administrative costs related to the design guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnegasco. The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21)for existing and future streets and highways. The developer(s) shall be responsible for paying the cost of noise mitigation measures required red for those portions of the project or plat adjacent to proposed County Road g) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. \\$nds\.sh_fsl_sys3.cityhall\share\commdev\cc\1998\fpsobrg3.rtf iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. \\$nds\.sh_fs l_sys3.cityhall\share\commdev\cc\1998\fpsobrg3.rtf BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said plat and the developers agreement therefor. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 \\$nds\.sh_fs l_sys3.cityhall\share\commdev\cc\1998\fpsobrg3.rtf CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Southbridge First Addition DATE: April 9, 1998 Site Information: Applicant: Shakopee Crossings, The Minneapolis Foundation, Valley Green Business Park Location: South of STH 169 and West of CSAH 18 Current Zoning: Planned Unit Development# 14 with underlying zones of R-1A(Low Density Residential) and R-1B (Urban Residential) Adjacent Zoning: North: STH 169 right of way South: AG(Agricultural Preservation) RR(Rural Residential) East: I-1 (Light Industrial) RR(Rural Residential) West: Dean Lake I-1 (Light Industrial) Comp. Plan: 1995: Single Family Residential Area: 545.38 Acres MUSA: The site is within the MUSA boundary Introduction: Shakopee Crossings, The Minneapolis Foundation and Valley Green Business Park are requesting approval of the Final Plat for Southbridge First Addition(formerly identified as"East Dean Lake"). At its March 19th meeting the Commission continued the final plat request to the meeting of April 9th in order to allow additional time for the wetland issues to be worked out. They have been, and the preliminary plat will have been reviewed by the City Council at its April 7, 1998 meeting \\$nds\.sh_fs 1_sys3.cityhall\share\commdev\boaa-pc\1998\0409\fpsobrg2.rtf CONSIDERATIONS: 1. The Preliminary Plat of Southbridge First Addition was reviewed by the City Council on April 7, 1998. The Final Plat, as proposed, is in substantial conformance to the Preliminary Plat. 2. The City Attorney has suggested changes in the dedication language. These changes are incorporated in the proposed conditions below. He has also commented on the number of "parks" indicated on the plat. As presented, the plat contains several areas to be dedicated to the City, which is not a part of the park dedication for this plat. 3. The Parks and Recreation Director has made the following comments: a) He requests a specific inventory of parkland in the plat. b) In the event that the developer may be installing play equipment on public property, a hold harmless agreement will be required for both equipment and maintenance. c) He has indicated that he is not amenable to splitting parkland with a road (See Sheet 2 of 6). 4. The Finance Department has commented that there are pending assessments on the subject property. 5. Scott County Environmental Health has reiterated its comments of March 3m relative to the Final plat. 6. Minnegasco has restated its opposition to the creation of public right-of-way over their natural gas transmission line easement. They are working with the developer to establish a new easement, and have that easement recorded prior to the recording of the final plat. ALTERNATIVES: 1. Approve the Final Plat of Southbridge 1st Addition subject to conditions as set forth below: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1) the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) Prior to review by the City Council the following must be determined: i) That the developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21)for existing and future streets and highways. A specific mechanism shall be determined to establish the developer(s)responsibility for paying the cost of noise mitigation measures required for those portions of the project or plat adjacent to proposed County Road 21. i:\conundev\boaa-pc\1998\0409\fpsobrg2.rtf f) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) The dedication language on the plat should be changed to say"parkways, boulevards, circles, curves, roads, lanes and courts" instead of "thoroughfares and cul de sacs." iii) Filing of a new easement for Minnegasco's natural gas transmission line. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s) will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 2. Approve the Final Plat of Southbridge 1st Addition subject to revised conditions. 3. Do not approve the Final Plat of Southbridge 1st Addition. 4. Table action on this item and request additional information. i:\commdev\boas-pc11998\0409\fpsobrg2.rtf STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Offer and pass a motion recommending approval of the final plat of Southbridge 1g Addition. R. Michael Leek Community Development Director is\commdev\boas-pa 1998\0409\fpsobrg2.rtf `a • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R Michael Leek, Community Development Director SUBJECT: Final Plat of Southbridge First Addition DATE: March 19, 1998 Site Information: Applicant: Shakopee Crossings, The Minneapolis Foundation, Valley Green Business Park Location: South of STH 169 and West of CSAH 18 Current Zoning: Planned Unit Development# 14 with underlying zones of R-1A(Low Density Residential) and R-1B (Urban Residential) Adjacent Zoning: North: STH 169 right of way - South: AG(Agricultural Preservation) RR(Rural Residential) East: I-1 (Light Industrial) RR(Rural Residential) West: Dean Lake I-1 (Light Industrial) Comp.Plan: 1995: Single Family Residential Area: 545.38 Acres MUSA: The site is within the MUSA boundary Introduction: Shakopee Crossings, The Minneapolis Foundation and Valley Green Business Park are requesting approval of the Final Plat for Southbridge First Addition(formerly identified as"East Dean Lake"). is\commdev\boaa-p6199810319\fpsthbrg.doc CONSIDERATIONS: 1. As of the date of this memorandum, a decision of the wetlands had not been reached. If that decision is not reached by Tuesday of next week, the Council will not have considered the Final plat. 2. The Final Plat of Southbridge First Addition was approved by the City Council on March 17, 1998. The Final Plat, as proposed, is in substantial conformance to the approved Final Plat. 3. The City Attorney has suggested changes,in the dedication language. These changes are incorporated in the proposed conditions below. He has also commented on the number of "parks"indicated on the plat. As presented, the plat contains several areas to be dedicated to the City, which is not a part of the park dedication for this plat. 1. The Parks and Recreation Director has made the following comments: a) He requests a specific inventory of parkland in the plat. b) In the event that the developer may be installing play equipment on public property, a hold harmless agreement will be required for both equipment and maintenance. c) He has indicated that he is not amenable to splitting parkland with a road (See Sheet 2 of 6). 2. The Finance Department has commented that there are pending assessments on the subject property. 3. Scott County Environmental Health has reiterated its comments of March 3`d relative to the Final plat. 4. Minnegasco has restated its opposition to the creation of public right-of-way over their natural gas transmission line easement. They are working with the developer to establish a new easement, and have that easement recorded prior to the recording of the final plat.. ALTERNATIVES: 1. Approve the Final Plat of Southbridge 1st Addition subject to conditions as set forth below: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1) the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPDC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) Prior to review by the City Council the following must be determined: i) That the developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21) for existing and future streets and highways. A specific mechanism shall be determined to establish the developer(s) responsibility for paying cicommdev\boas-pc1199810319\fpsthbrg.doc the cost of noise mitigation measures required for those portions of the project or plat adjacent to proposed County Road 21. 1) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) The dedication language on the plat should be changed to say"parkways, boulevards, circles, curves, roads, lanes and courts" instead of "thoroughfares and cul de sacs." iii) Filing of a new easement for Mmnegasco's natural gas transmission line. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPDC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPDC must approve the Final Construction Plans and Specifications. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal.. 2. Approve the Final Plat of Southbridge 1st Addition subject to revised conditions. 3. Do not approve the Final Plat of Southbridge 1st Addition. 4. Table action on this item and request additional information. c\commdev\boas pc\1998\0319\fpsthbrg.doc STAFF RECOMMENDATION: Staff recommends tabling the request for fluffier information on the wetlands plan and parkland dedication. ACTION REQUES i'LJ): Offer and pass a motion continuing the request to the meeting of April 9th, 1998. !/ L /dar. R. chael Leek Community Development Director i:\commdev\boas-pc11998103191fpsthbrg.doc �t 0 B P j j NI :J a ao J s i ! 4 B 6 j P# s a j 1 t 1 i 1 1 ii i i r k Ill I • I J F E ► 1 s Q 11 - 1 i 1 il il 1 B ` / a 8 i 1 s - 3 E I g ri % � s � i111 I %:,) b I i i •E I b ill i 4 id 4ii 11 u il li ilj k 0 ii i1 i I it 5 if 51 51t 511 ' I E-4 . ) ni s Q it I p<1 fli 1 t ii 1 I i I ! E 6 6 l ill I I I I 4 p 6 ri Ili 1 4 1/ i �� � a � I � %lab ri , ° �tJ — ` ! II 1e 6 13• 13- . 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' O t.-.JAM__ yy ^d▪ ' ^44 _-.off AN; .--.--,-,.97,4•__ °_ 84� ,�: a+ CI g g� !f / V7' it," A41-^`• �4, %/ / / �6 ' ?/0'� ^. • i, 4. 46 / ,6, KQ� .geki 4./$ icy;•d �z k pd� +�p`iti .. �O`A'41 • '0,-, 0 / 1, r�`N §F„^,'' `•el-^yrs:: le� ,pe, ca 13. w I a "- ^"� ; ?A.d `s't -.';,' , .?cry ..4 la ; 9-, V L iI)'2 `t',p }It2 %`? 44-I's,' •�4" '-` z, yam• 'sOw, ,, s ,��,. / • d r, �' 11� 2irN.�1� ,n mx.xrvb� 4.7‘. .'� . .• . �N c 'f_' h '�t•�i: , ',1411, --{09A-- A.� . , .fi • t``I� ` • Q 4. ` , t••• A_p :. li 1 • ., t • -s"- 4 N id +e `' </.140 o g� �' ,, °° I d QOM! �"' a'�" ' ' g ix 7t-~' Ali - .1 . u �: as 1 v/ cbUtZdt i ' O la Pl y) 's -5 --------‘.99c‘*, 11 't2' i I I "Z ice' I ph. ti 2 11 u> 1 `•,�AA a r4' i =H i 1 2 6' t,.4 �6 °— i —¢ 1 ' i'll'; P[ 6 , CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Weston Ponds DATE: April 21, 1998 Introduction: In reviewing the final plat proposal for Weston Ponds submitted by Pulte, it became apparent that the property owner's (Eldon Greenwood)homestead had inadvertently been omitted from the plat. In order to address this housekeeping matter, Arcon has made separate application(and paid a separate fee for) a final plat consisting of Mr. Greenwood's homestead and 2 outlots representing the property that is the subject of Pulte's proposed final plat for its townhouse project. This plat is named Weston Ponds, while the Pulte final plat is then named Weston Ponds 2nd Addition. Arcon has requested that this plat be approved prior to the plat submitted by Pulte so that Arcon and Mr. Greenwood may complete their transaction. This request has been reviewed with the City Attorney, who concluded that the request could be reasonably granted by the City without adversely impacting the final plat proposed by Pulte or the platting process overall. A copy of the plat of Weston Ponds submitted by Arcon accompanies this report. The proposed final plat is generally consistent with the preliminary plat approved by the City Council on February 17, 1998. ALTERNATIVES: 1. Approve Resolution No. 4898, a resolution approving the final plat of Weston Ponds subject to conditions. 2. Approve Resolution No. 4898 with revised conditions. 3. Deny the request for approval of the final plat of Weston Ponds. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Planning Commission reviewed Arcon's request for the final plat of Weston Ponds at its April 9, 1998 meeting and recommended approval. is\c ommdev\cc\1998\fpweston.doc Action Requested: Offer and approve Resolution No. 4898, a resolution approving the final plat of Weston Ponds with conditions. .‘c / - R. Michael Leek Community Development Director i:\commdev\c61998\fpweston.doc RESOLUTION NO.4898 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS WHEREAS,the Planning Commission of the City of Shakopee did review the final plat of Weston Ponds on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the final plat of Weston Ponds is hereby approved subject to the following conditions: a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. c) The Plat shall be revised to reflect an additional 25 feet of right-of-way dedication for C.R. 17 per Scott County's request. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: i:\commdev\c61998\fpweston.doc a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 is\commdev\cc\1998\fpweston.doc F ! CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Weston Ponds MEETING DATE: April 9, 1998 Site Information: Applicant: Pulte Homes, Inc. Property Owner: Eldon Greenwood Location: West of County Road 17(Marschall Road)and south of 17th Avenue extended(See Exhibit A) Current Zoning: Agricultural Preservation(AG)with Multiple Family Residential(R3)pending Adjacent Zoning: North: Highway Business/Agricultural Preservation (B1/AG) South: Agricultural Preservation (AG) East: South Valley Health Campus PUD West: Agricultural Preservation (AG) Comp.Plan: 1995: Medium Density Residential and High Density Residential Area: Approximately 18 Acres MUSA: The site is within the MUSA boundary. Introduction: Pulte Homes, Inc. is requesting final plat approval for a development consisting in total of 136 townhome units. The final plat is generally consistent with the preliminary plat previously approved by the City Council. 1 Considerations: 1. The Building Official has commented that the proposed water and sewer layout will not suffice for"townhome"construction under the Building Code,but will suffice if"condominium" development. 2. The Police Department has commented that the street widths are insufficient for emergency vehicles. The proposed widths for the public street and the private drives are, however, consistent with current City policy. 3. Scott County Environmental Services has suggested that 1)neighboring private wells be sealed when municipal water supply is made available, and 2)that the proposed NURP pond be lined with 2 feet of low permeability soils. 4. Miinnegasco has requested that an easement be created in Lot 11 for future natural gas services. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Weston Ponds, subject to the following conditions; a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) The following design criteria will be used for the private streets within the development: i) Private Driveway_ Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a- round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. ii) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. iii) Private Street Jogs. Private street jogs (intersections less than 150') are not allowed. c) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. d) The following must be completed prior to review of the final plat by the City Council: i) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. 2 i) The applicant shall clarify with Mumegasco what easement is required for Lot 11 to accommodate future natural gas services. e) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. 2. Recommend to the City Council approval of the Final Plat of Weston Ponds with revised conditions. 3. Recommend to the City Council denial of the request for approval of the Final Plat of Weston Ponds. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and pass a motion recommending approval offgal.peofWestopP d R. Michael Leek Community Development Director 3 MEMORANDUM ON THE TABLE CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Weston Ponds, Weston Ponds First Addition MEETING DATE: April 9, 1998 Site Information: Applicant: Arcon Development, Inc. (for Weston Ponds); Pulte Homes, Inc. (for Weston Ponds 2`d Addition) Property Owner: Eldon Greenwood Location: West of County Road 17(Marschall Road)and south of 17th Avenue extended(See Exhibit A) Current Zoning: Agricultural Preservation(AG)with Multiple Family Residential(R3)pending Adjacent Zoning: North: Highway Business/Agricultural Preservation (B1/AG) South: Agricultural Preservation (AG) East: South Valley Health Campus PUD West: Agricultural Preservation (AG) Comp.Plan: 1995: Medium Density Residential and High Density Residential Area: Approximately 27 acres MUSA: The site is within the MUSA boundary. Introduction: In reviewing the final plat proposal submitted by Pulte, it became apparent that Mr. Greenwood's homestead had inadvertently been omitted from the plat. In order to address this housekeeping matter, Arcon has made separate application(and paid a separate fee for) a final plat consisting of Mr. Greenwood's homestead and 2 outlots representing the property proposed to be developed by Pulte. Arcon is requesting that this plat be approved prior to the plat submitted by Pulte so PPPULTE/RML 1 MEMORANDUM ON THE TABLE that Arcon and Mr. Greenwood may complete their transaction. This request has been reviewed with the City Attorney, who concluded that the request could be reasonably granted by the City without adversely impacting the final plat proposed by Pulte or-the platting-process overallA copy of the plat of Weston Ponds submitted by Arcon accompanies this report. For convenience, then, the final plat submitted by Pulte originally is referred to as"Weston Ponds 2nd Addition," and prior to City Council review it should be formally renamend. Both final plats are otherwise generally consistent with the preliminary plat previously approved by the City Council. Considerations: 1. The Building Official has commented that the proposed water and sewer layout will not suffice for"townhome"construction under the Building Code,but will suffice if"condominium" development. 2. The Police Department has commented that the street widths are insufficient for emergency vehicles. The proposed widths for the public street and the private drives are, however, consistent with current City policy. 3. Scott County Environmental Services has suggested that 1)neighboring private wells be sealed when municipal water supply is made available, and 2)that the proposed NURP pond be lined with 2 feet of low permeability soils. 4. Scott County Highway Department has requested that 25 additional feet of right-of-way for C.R. 17 be dedicated as a part of this plat. This request has been included in the draft conditions of approval of both Weston Ponds and Weston Ponds"2"d" 5. Mmnegasco has requested that an easement be created in Lot 11 for future natural gas services. 6. Prior to review by the City Council Pulte's final plat will need to be renamed, presumably to "Weston Ponds 2"d Addition. Alternatives: Weston Ponds Final Plat: 1. Recommend to the City Council the approval of the request for approval of the Final Plat of Weston Ponds, subject to the following conditions; a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent(36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. c) The Plat shall be revised to reflect an additional 25 feet of right-of-way dedication for C.R. 17 per Scott County's request. PPPULTE/RML 2 MEMORANDUM ON THE TABLE d) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. 2. Recommend to the City Council approval of the Final Plat of Weston Ponds with revised conditions. 3. Recommend to the City Council denial of the request for approval of the Final Plat of Weston Ponds. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Weston Ponds 2"1 Addition: a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) The following design criteria will be used for the private streets within the development: i) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a- round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. PPPULTE/RML 3 MEMORANDUM ON THE TABLE ii) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. IvInimum 7 ton-design. not be turned over to the City in the future. iii) Private Street Jogs. Private street jogs(intersections less than 150') are not allowed. c) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent(36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. d) The Plat shall be revised to reflect an additional 25 feet of right-of-way dedication for C.R. 17 per Scott County's request. e) The following must be completed prior to review of the final plat by the City Council: i) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. i) The applicant shall clarify with Minnegasco what easement is required for Lot 11 to accommodate future natural gas services. f) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. PPPULTE/RML 4 MEMORANDUM ON THE TABLE 5. Recommend to the City Council approval of the Final Plat of Weston Ponds with revised conditions. 6. Recommend to the City Council denial of the request for approval-of the Final Plat of Weston Ponds. 7. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1 for both proposed final plats. Action Requested: Offer and pass a motion recommending approval of the final plats of Weston Ponds and Weston Ponds 2°d Addition to the City Council with conditions. "evoleire,016 ,4k4 R. Michael Leek Community Development Director PPPULTE/RML 5 i 1. f.. ui I 101,{ _� ou , . iZ ro'�11'1 rot•>•11�r/i 3N fel 7; .:afttJ;l to•: :1i'^1" 11 i•-1.. .411 r/1 MN Wl le.up 1ro3. f1_. :t^:11:`1 .. .-..... 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'-- i • 3 b x IIMF% 1 I tfi M N.iNo ,� x %WPM Z X W ' ' n co hood �r � - it iii It a V - . .A, 1 1 t.) iii-Iiimpwel Ilidhal I •., 1 1 Ili pigpl . 1 :-- 111111111111 ✓\ 1 1111611111111 1: 0 dOZLRO 1: t.7---------------, I s,, f:::-V . [.., itip gli x co 6 11 ld � �� _ a 4 101111111.11 r'll 1.111.1101111 I ti, W P r r l I s%I 1F lk I 00 I ..ryYYY,YrYKY%,7Y*tiY'"1rN.+'r+7'n, 4A/.MM.I.LI.t II _ - - __ LJ — Y1 __ --.................w......„..•. ' t 7 ' cl CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of WESTON PONDS 2ND ADDITION DATE: April 21, 1998 Introduction: Pulte, Inc. has made application for approval of the final plat of WESTON PONDS 2ND ADDITION. The proposed plat addresses the development of the first phase of their proposed townhouse project. The proposed final plat is consistent with the previously approved preliminary plat of WESTON PONDS, as well as the final plat of WESTON PONDS also on the Council agenda. ALTERNATIVES: 1. Approve Resolution No. 4899, a resolution approving the final plat of WESTON PONDS 2ND ADDITION subject to conditions. 2. Approve Resolution No. 4899 with revised conditions. 3. Deny the request for approval of the final plat of WESTON PONDS 2ND ADDITION. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Planning Commission reviewed Pulte's request for the final plat of WESTON PONDS 2ND ADDITION at its April 9, 1998 meeting and recommended approval. is\commdev\cc\1998\fpwest2.doc Action Requested: Offer and approve Resolution No. 4899, a resolution approving the final plat of WESTON PONDS 2ND ADDITION with conditions. R. Michael Leek Community Development Director is\commdev\cc\1998\fpwest2.doc RESOLUTION NO.4899 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS 2ND ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the final plat of WESTON PONDS 2ND ADDITION on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the final plat of WESTON PONDS 2ND ADDITION is hereby approved subject to the following conditions: a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) The following design criteria will be used for the private streets within the development: i) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a- round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. ii) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both is\commdev\cc\1998\fpwest2.doc sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. iii) Private Street Jogs. Private street jogs(intersections less than 150') are not allowed. c) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. ii) Approval of title by the City Attorney. iii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iii) The developer shall provide easements, as required by City Code. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee is\commdev\cc\1998\fpwest2.doc ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 is\commdev\cc\1998\fpwest2.doc v 0 'o 4::::k — v , « C m m« M r ] « O N T co mo ua L7 N N a r O- il pL«C flil LmC-yov° -*' !! U 1 2 a) S vo o -, C IIII IIIIIIIIC� IIIIII= O) v OO. .1 14 (g v c o a '✓�'•J ,rte o 03 c „ 0) ° � o , I rn CO k iI o IIIIII ° j v Z .11 C .caI o a N« . N N oL I 0 m I M T N m rn ca OI 1 • v _ a I 1 co 1.(4Lki a!� av co O N NN N v °m a = N co 9 O LO a »- 1 1111141: C0 co : M 0 >. " Zo ° >, CC I0 o N - «O IN mH m m C ° O N ¢ I o N ~ I I pm o " >. I Z ,, I- rn I O . Wa I I am , Ym 0 0 I ¢ o 1 0 O. w _ W I 00 N u ° ° I 1 UN Z0a IvN yvvm rn 0 o .. 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The City of Savage requested that the developers dedicate a future residential street connection, a 60 foot wide outlot(for future connection)or an 8-foot trail connection from the end of Sunrise Court to the easterly edge of our city border(refer to attached City of Savage correspondence). The developers however, do not agree with this roadway or trail connection recommendation, and wish to discuss the necessity or feasibility of this connection with the Council. City Engineer Bruce Loney is requesting that the developers also be responsible for meeting and paying the costs of noise mitigation measures for the entire plat lying adjacent to any existing or future street, county roadway or highway. This item has subsequently been added with Planning Commissions recommendation as a condition of approval. Alternatives 1. Approve the Final Plat of Horizon Heights 5th Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Final Plat of Horizon Heights 5th Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Horizon Heights 5th Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Horizon Heights 5th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4885, a Resolution Approving the Final Plat of Horizon Heights 5th Addition, subject to conditions, and move its approval. i:\commdev\cc\1997\cc0506\fpsimdwl.doc RESOLUTION NO.4885 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT of HORIZON HEIGHTS 5TH ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Horizon Heights 5th Addition on March 5, 1998, and has recommended its approval; WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A;HORIZON HEIGHTS 4TH ADDITION, according to the plat on file and of record in the Office of the County Recorder, Scott County, Minnesota. WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Horizon Heights 5th Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Dedication language on title page should be revised by deleting "throughfares" and by adding"Lane" and"Court." 3. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of $900.00 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for each lot. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. 4. The developer shall be responsible for engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation along any existing and future streets, county roadways and highways. The developer(s) shall be responsible for paying the costs of noise mitigation measures required for those portions of the project or plat adjacent to any existing and future streets, county roadways and highways. 6. The Final Construction Plans and Specifications must be approved by the City Engineer, Scott County Engineer and Shakopee Public Utilities. 7. Street Construction Plans and Specifications must be approved by the City Engineer, Scott County Engineer and Shakopee Public Utilities. 8. Access permits shall be approved by Scott County. 9. No direct access shall be allowed onto County Highways other than City streets. The controlled access shown on the plat should be revised to encompass all frontage adjacent to the County Highway except the proposed City streets. 10. Provide to Scott County Engineers drainage calculations for any drainage entering the County right-of-way. 11. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. Access easements to all ponding areas shall be required. 12. A Green Acre assessment balance of$57.82 shall be paid. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 r i II I d CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Final Plat of Horizon Heights 5th Addition MEETING DATE: March 5, 1998 Site Information: Applicant: Mr. Steven Muhlenhardt Stransky and Associates,Inc. Location: East of Crest Avenue(old CSAH 18)and south of CR 16. (Exhibit A) Current Zoning: Rural Residential(RR) Adjacent Zoning: North: Rural Residential(RR) South: Rural Residential(RR)/City of Prior Lake East: Urban Res./City of Savage West: Rural Residential(RR) 1995 Comp.Plan: Future Urban Area. Area: 107.58 Acres MUSA: The site is not within the MUSA boundary. Introduction Mr. Steven Muhlenhardt/Stransky and Associates, Inc. is requesting Final Plat approval for Horizon Heights, 5th Addition(Exhibit B). This plat was initially requested for approval on September 7, 1995, which was subsequently tabled to the February 8, 1996 Planning Commission meeting to allow the applicant time to resolve storm water issues with the Scott County Highway Department. At this meeting, the matter was again tabled to March 7, 1996. At this meeting, the applicant requested and received from the Commission an unlimited time extension for final plat approval (Exhibit C). This extension was a result of the applicant's need for additional time to obtain information and to resolve storm water drainage issues with the City of Savage and Scott County. The applicant has received this information and resolved these drainage issues with both parties. Therefore, they are finally able to proceed with final plat approval. Considerations The site was annexed into the City of Shakopee in 1971, and remained zoned Rural Residential until the present time. On June 15, 1976, the City Council approved the Preliminary Plat for Horizon Heights, and the Final Plat for the first addition was approved in October, 1976. In July of 1994, the City Council approved a request to extend the approval of the Preliminary Plat until July of 1995. With this application, the applicant is requesting Final Plat approval for 35 rural residential lots, and this should be the final phase of the development. City Engineers and Scott County Public Works & Lands Division have made a number of comments and suggested conditions for this plat (Exhibits D & E, respectively). They are identified herein, and are made part of the conditions for final plat approval. In accordance with Scott County Sewage Treatment System Ordinance No. 4, the city's Building Official has recommended that prior to final plat approval and recording,the developer must submit an Individual Sewer Treatment System (ISTS) site evaluation for the entire plat. This evaluation will ensure that each platted lot is able to support the required sanitary septic systems. The requirements are attached for review(Exhibit F). Alternatives 1. Recommend to the City Council approval of the Final Plat of Horizon Heights 5th Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, recommend to the City Council approval of the Final Plat of Horizon Heights 5th Addition, subject to the following conditions: A. The following procedural actions must be completed prior to City Council review of the Final Plat: 1. All existing easement areas must be shown on the plat drawings. 2. A list of each lot size(square footage) shall be submitted. 3. Developer shall submit an Individual Sewer Treatment System site evaluation for the entire plat, which ensures that each lot is able to support an individual sanitary septic system. Site evaluation shall be approved by the city's Building Official. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Dedication language on title page should be revised by deleting "throughfares" and by adding"Lane" and"Court." 3. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$900.00 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for each lot. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 4. The developer shall be responsible for engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. The Final Construction Plans and Specifications must be approved by the City Engineer, Scott County Engineer and Shakopee Public Utilities. 6. Street Construction Plans and Specifications must be approved by the City Engineer, Scott County Engineer and Shakopee Public Utilities. 7. Access permits shall be approved by Scott County. 8. No direct access shall be allowed onto County Highways other than City streets. The controlled access shown on the plat should be revised to encompass all frontage adjacent to the County Highway except the proposed City streets. 9. Provide to Scott County Engineers drainage calculations for any drainage entering the County right-of-way. 10. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. Access easements to all ponding areas shall be required. 11. A Green Acre assessment balance of$57.82 shall be paid. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Horizon Heights 5th Addition, subject to conditions and move its approval. islcommdev\boaa-pc\1998\0305\fpstmdw2.doc EXHIBIT A • - - - -. .. -` - AG T-vim 12 CINlam: �\ 7741w - f • gr !4r il.:, - ' , • / _._..:. W:A-1,4< • :.:', ._... . .. . . ./g41,0+-iiilk .,____ \\,,,,, , 1._ • . .., ,u,,...z .,„.....,..... ,•. __ 1 . .. .. _.....r.... ,.......„- „.,.., viiiimi,. _ti. t.... .._ .!---7:--"..-74 0,0---- - '-''' - _ - ______ _ _.____ ,47 vir. lip 11 ‘.•-.110 k4� 11 :44-W.41 • • I . 404 s / , _. ` - . . 1. !, ....At,. 4�� E----- - --- - - \N. --. \ .' ; • AG ACR,CUL UR_ AG • RR RR PURA' `:`_S'.D_^d-!.�: �_ cs�c'L' 1 I 1 R1 L(D'A' DE\SI''Y RES,DENT..^._ 1 H R1 B URBAN RESIDENTIAL RR I RIC O-D SHAKOPEE RESIDENT-•.- = 1 I I R2 MEDIUM DENSITY RESIDENT,-_ -- li I� R3 MULTIPLE FAMILY RESIDENTIAL L 1 I B1 HIGHWAY BUSINESS 'IL �c C-"1 82 OFFICE BUSINESS ,- T BUSINESSSUBJECT SITE I 1 83 CENTRAL R�� • 1-1 11 LIGHT INDUSTRIAL 7 RR AG ED 12 HEAVY INDUSTRIAL c i :a> imm :a,g::€, >;;;> x>:::: 0 MR MAJOR RECREATION ) , l I S SH0REL AND F9 F FLOODPLAIN DISTRICT - - - — '.:-, . JP.l)R. FSU Zoning Map _ City of SHAKOPEE R. E. STRANSKY LAND SURVEYORS February 28, 1996 Ms . Julie Baumann City of Shakopee 129 Holmes Street South - --- Shakopee, Minnesota 55379 RE:Tabling of final plat of HORIZON HEIGHTS 5TH ADDITION Dear Ms. Julie Baumann; Earlier today, our project consulting engineer, Mr. Robert Wiegert, PE, of Paramount Engineering and Design, Inc. met with yourself and Mr. David Nummer regarding the above referenced project. It appears that the storm water data requested from the City of Savage is not yet available for our review and analysis. The City of Shakopee staff also expressed concerns over several other minor design items that should be resolved prior to final plat approval. Therefore, I am hereby formally requesting, by way of this letter and on behalf of the Muhlenhardt' s, that the final plat of HORIZON HEIGHTS 5TH ADDITION be tabled until such time that we are able obtain the balance of the data required for final plat submittal . We shall continue to gather the applicable data from the City of Savage as well as resolve the other issues that affect our project so that the matter can be properly reviewed and analyzed by ourselves and the City of Shakopee staff. This additional time should also allow the City of Shakopee staff to adequately review our analysis of the off-site storm drainage issue with the City of Savage along with the various other issues pertaining to final plat approval . As you are aware, it is the desire of the Muhlenhardt' s to exercise their option of obtaining final plat approval based upon the current 2 .5 acre lot criteria versus the pending 10 acre lot criteria. This request for tabling of the final plat at this time is based upon the premise that we shall be able to proceed with the 2 .5 acre concept at a Planning Commission in the very near future and the subsequent City Council meeting. If you have any questions or comments, please don' t hesitate to contact either myself at 482-0386 or Mr. Robert Wiegert, PE at 771-0544. Sinczere1y, Robert E. Stransky, LS R.E . Stransky Land Surveyors c. c. Mr. Steven Muhlenhardt Mr. Dave Nummer, PE Mr. Robert Wiegert, PE Mr. Scott Merkley 2345 Rice Street • Suite 201 •Roseville,MN 55113•(612)482-0386 EXHIBIT C City of Shakopee Memorandum TO: Tim Benetti,Planner I FROM: Joel Rutherford, Assistant City Engineer G SUBJECT: Final Plat Application-Horizon Heights 4th Addition DATE: February 24, 1998 After reviewing the drawings that were submitted for the referenced application,I have the following comments for the applicant, and for the planning department: Because this development had preliminary plat approval prior to September 17, 1996, no Trunk Storm Water Charges would apply. Because no public sanitary sewer is proposed, no trunk sanitary sewer charges would be applied. Recommendation Recommend approval of the preliminary plat for the final plat, subject to the following conditions: A) Prior to recording of the Final Plat,the following actions must be completed: 1) Execution of the Developers Agreement, which shall include provisions for payment of the engineering review fees, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer; and 3) The developer shall provide easements, as required by City Code, including access easements to the ponding areas. EXHIBIT D SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR February 25, 1998 Mr. Michael Leek City Planning Department City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Final Plat of Horizon Heights 5th Addition in Shakopee Southeast Quadrant of CSAH 16/ CSAH 18 Dear Mr. Leek: We have reviewed the final plat of Horizon Heights 5th Addition as it relates to Highway Department issues and offer the following comments or concerns: Conditions of Approval • Access permits will need to be approved by the County prior to final plat approval. The access locations as shown are acceptable to the County. • No direct access will be allowed onto the County Highways other than City streets. The controlled access shown on the plat should be revised to encompass all frontage adjacent to the County Highway except the proposed City streets. General Comments • Provide drainage calculations for any drainage entering the County right-of-way prior to the final plat approval. This should include the existing and proposed conditions and a summary denoting any change. • Noise levels will increase as traffic volumes increase on County Highways in the area. At any new development along CSAH 16 or CSAH 18, such as Horizon Heights 5th Addition, the responsibility for noise attenuation lies with the City and the developer. • Scott County requests the opportunity to review and comment on the street construction plans. Scott County wants to take this opportunity to commend the developer and thank him for his cooperation in working with the County to ;'.duce the number of access points on CSAH 18, thus providing a much safer roadway for the t;ave.ling public. An Equal Opportunity/Safety Aware Employer EXHIBIT E SHAKOPEE BUILDING DEPARTMENT Requirements for Plat Applications - Rural Residential Zoning The preliminary plat process requires information regarding the ability of each lot to accommodate a primary and secondary on-site sewer system. Design criteria shall be in accordance with the M.P.C.A. system standards Chapter 7080, the D.N.R. standards for management of shoreland areas and the Scott County Sewage Treatment System Ordinance No. 4. Anyone engaging in the business of site evaluation, installation, repair, pumping or design of an Individual Sewer Treatment System (ISTS) within the City of Shakopee must be licensed as defined in the Scott County Individual Sewage Treatment Ordinance. This site evaluation shall include: o A minimum of two percolation tests on each lot of the proposed development in the primary site. Percolation tests would only be required in the secondary site if a different soil texture exists from that of the primary site. o At least 1 soil boring shall be done within the boundary of each primary site. The following shall be noted on each lot of a preliminary plat proposal: o Two foot contours. o Two Individual Sewer Treatment System sites (primary/secondary) . o All percolation test and soil borings locations. Notes: The drain field locations shall be sized at 5, 000 square feet. The proposed building pad shall be sized at 2 , 000 square feet. In addition to ISTS requirements, the proposed building pad and driveway shall be indicated for each site. The ISTS sites shall be protected during lot development and road and building construction. No traffic allowed. Also: Soil borings and evaluations (by a soils engineer) may be required in cut areas, and shall be employed for all house pad fill areas (with soil compaction tests) to ensure a quality building site. EXHIBIT F -Theis of CITY OFFICES Time • 1♦• Dan =1906 Patch .,. E �, (oI,I 6000 McColl Drive(County Road 16)•Savage,MN 55378-2464 • .� Telephone: 612-882-2660•Fax: 612-882-2656 kRIEGIEBEED MAR 61998 March 5, 1998 Shakopee Planning Department Attention: Tim Benetti 129 Holmes Street South Shakopee, MN 55379 RE: Final Plat-Horizon Heights, 5th Addition Dear Tim: The City of Savage has reviewed the above reference project, located at the Savage-Shakopee city limits. Our only comment is that we would like to see the development include a street extension to the corporate limits line; this could be accomplished by the extension of Sunrise Court. This street extension would not result in the loss of lots. In fact, the street extension would give Lots 11 and 12, Block 2, street frontages of approximately 250 feet, thereby allowing for the future division of these lots. Land within Savage that is adjacent to the Horizon Heights development is guided for low density residential development. We feel that a street connection would be beneficial for the residential developments of both cities. Please pass our comments on to your Planning Commission and City Council. Likewise, if this street is extended the street name should be revised accordingly since it would become a through street. Thank you for the opportunity to comment on this item. Please notify us of the action taken on the pending plat. Sincerely, J. ' :os • lint P anner/Zoning Administrator Tile a••og\ . • Time - ts{� CITY OFFICES Jrl, gomed= .I` 155 _.Y-; „ Patch 1906 ` ' 6000 McColl Drive(County Road 16)•Savage,MN 55378-2464 '•,• � ` Telephone: 612-882-2660•Fax: 612-882-2656 .�S�cia• e,� March 10, 1998 Mr. Bruce Loney Director of Public Works/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: HORIZON HEIGHTS 5TH ADDITION Dear Bruce: The City of Savage has received the above referenced final plat for review and comment. It is my understanding that the preliminary plat for this development was approved in the mid to late 1970's and the final plat conforms to the original preliminary plat. I understand that it is difficult to require changes to a final plat, however, given the potential access restrictions to County Road 42 which have occurred recently and the age of the preliminary plat (22 years), I would request that action by your City Council be delayed until an interconnection between Prior Lake, Shakopee and Savage be explored. If this is not possible, at a minimum,the City of Savage is formally requesting that Sunrise Court be extended to the Savage/Shakopee border or that a 60' wide outlot be provided from the end of Sunrise Court to the border for a potentially future street. Perhaps a meeting between the three cities would be appropriate to plan any future street connections in this area before additional development proposals come in. Based on the way the County Road 42 study is progressing, I feel it is important for the cities to plan for adjacent parallel streets to relieve the traffic on County Road 42. Thank you for your cooperation in this matter. Please contact me at 882-2670 if you wish to discuss this further. Sincerely, / . !4. avid E. Hutton, P.E. Public Works Director/City Engineer DEH/mh cc: Mark McNeil, City Administrator, City of Shakopee Scott Merkley, Scott County Highway Department Mike Krass, Assistant City Engineer L„,--- — Greg Illka, City of Prior Lake VZSIGz ►2 .095 10 ►/t 3N to •Uu 1003-• 3 .SO.L0.0 S 5 00 L4'lBSb \ 0 90'ti• n 9r ct9 8 N ; 00'092 •• 00'C9Z / (� > QIS ' -;^N . �'�OO'fZl�'�f1°L1 l9'f►► F. , la, N k g ��,�i`1N3�Y3Sv3 o ; /.9' n l II ^^II W I I I' p I •O z . o y+ Ei cl Y,.. 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N c /� oma- _�,• 0 -) �-3 f $ ( -East line of NE 1/4 of Sec. 24 -- 3 y S 0•02.05" E 2582.47 ' a 2632.47--'' I ) - 1, CITY OF SHAKOPEE CONSENT MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan,Parks and Recreation Director Subject: Authorization to paint the ceiling of the ice arena Date: April 10, 1998 INTRODUCTION At the January 6, 1998 City Council Meeting,Council identified five community center projects to pursue in 1998. Appropriations for these projects are to come from the remaining fund balance of the Community Center Project Fund. Staff is seeking Council's authorization to proceed with the hiring of a contractor to paint the ceiling of the ice arena. Staff estimated the cost of the project to be about$14,000. The lowest quote received was$17,450.00. BACKGROUND Staff obtained price quotes from three contractors capable of performing this work. They are Rainbow Inc., Skillmans Painting,Inc.,and Lonsdale Painting and Decorating. The scope of the project involves powerwashing surface areas of galvanize decking to remove rust,prime the rusted areas, apply one coat of paint on decking and joist ceiling and cover seating area and walls while working. Quotes were received as follows: Rainbow Inc. $17,450.00, Skillmans painting, Inc. $21,500.00 and Lonsdale Painting&Decorating$24,117.00 with a deduct of$5732.00. Rainbow,Inc. submitted the lowest price quote for this project. ALTERNATIVES 1. Hire Rainbow,Inc.to paint the ceiling of the ice arena 2. Hire Skillmans Painting,Inc.to paint the ceiling of the ice arena. 3. Hire Lonsdale Painting&Decorating to paint the ceiling of the ice arena. 4. Solicit additional price quotes from other contractors. 5. Do nothing. RECOMMENDATION Staff recommends Alternative#1. ACTION REQUESTED Move to authorize the appropriate City officials to execute an agreement to have Rainbow, Inc. to paint the expose decking and joist ceiling in the ice arena of the Community Center at the quoted price of $17,450.00 with funding to be a •cated from the Community Center Project Fund. � Mar J.McQui an Parks and Recreation Director CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: SuperValu Distribution Center Environmental Assessment Worksheet (EAW) MEETING DATE: April 21, 1998 Introduction: State statute and Minnesota Environmental Quality Board (EQB) rules mandate the preparation of an EAW for industrial projects or expansions that exceed 200,000 square feet. Once the EAW is prepared the City(as RGU)must publish notice in the"EQB Monitor" and to distribute the EAW for review. SuperValu has an option agreement on the Koskovich property at the southwest corner of 4t'Avenue and CSAR 83. It is considering this site, as well as a site in Hopkins, for a distribution center. An EAW has been prepared for the proposed project, and a copy has been attached for the Council's information. If the Council approves distribution of the EAW, notice will be published this month in the`EQB Monitor", and the 30-day comment period commenced. Once the comment period has run, the EAW will be brought before the Council again in order for it to determine the sufficiency of the EAW. Action Requested: Offer and pass a motion to authorize publication of notice in the"EQB Monitor" and distribution of the draft EAW for review and comment. Council is not asked to approve the EAW at this time, as it will be brought back after expiration of the review period. R. Michael Leek Community Development Director EAWSUPRV/RML 1 Environmental Assessment Worksheet SuperValu Distribution Center SW 1/4, Sec. 4, T115N, R22W Shakopee, Minnesota April, 1998 Responsible Governmental Unit City of Shakopee °blab' 129 Holmes Street South Shakopee, MN 55379-1376 (612) 445-350 SHAKOPEE Phone FAX (612) 445-6718 OOMMUNTIY PRIDE&NCB 1857 Project Proposer IL.IIIMf RI Pla uper alu 6533 Flying Cloud Drive Eden Prairie, MN 55344 Phone (612) 914-5833 FAX (612) 914-5850 Consultant Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, Minnesota 55344 Phone (612) 937-5150 FAX (612) 937-5822 Environmental Assessment Worksheet SuperValu Distribution Center SW 1/4, Sec. 4, T115N, R22W Shakopee, Minnesota April, 1998 Responsible Governmental Unit City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Phone (612) 445-3650 SHAKOS FAX (612) 445-6718 CaviMUN TYPRIDESIN B1857 Project Proposer ■,fir Planmark/SuperValu ■ ������� 6533 Flying Cloud Drive Eden Prairie, MN 55344 Phone (612) 914-5833 FAX (612) 914-5850 Consultant Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, Minnesota 55344 Phone (612) 937-5150 FAX (612) 937-5822 ENVIRONMENTAL ASSESSMENT WORKSHEET SuperValu Distribution Center Proposer RGU Planmark/SuperValu City of Shakopee Mr. Tom Peterson Mr. R. Michael Leek 6533 Flying Cloud Drive,Suite 100 129 Holmes Street South Eden Prairie, MN 55344 Shakopee, MN 55379-1376 Phone(612) 914-5833 Phone(612)445-3650 FAX(612) 914-5850 FAX(612)445-6718 Consultant Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 (612)937-5150 FAX(612)937-5822 CONTENTS Page SuperValu Distribution Center EAW 1 Exhibits and Appendices LIST OF EXHIBITS Exhibit USGS Topography and Site Location 1 Concept Plan 2 Aerial Photography 3 Adjacent Land Use and National Wetlands Inventory Mapping 4 Existing Conditions 5 Average Daily Traffic on Surrounding Roadways 6 LIST OF APPENDICES Appendix DNR Natural Heritage Database Search A State Historic Preservation Office Correspondence B April 13, 1998 Environmental Assessment Worksheet (EAW) SuperValu Distribution Center NOTE TO PREPARERS This worksheet is to be completed by the Responsible Governmental Unit(RGU)or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet,but is not to complete the fmal worksheet itself. If a complete answer does not fit in the space allotted,attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board(EQB)at(612)296-8253 or (toll-free) 1-800-652-9747(ask operator for the EQB environmental review program)or consult"EAW Guidelines,"a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU(see item 3)during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends). Comments should address the accuracy and completeness of the information,potential impacts that may warrant further investigation,and the need for an EIS. If the EAW has been prepared for the scoping of an EIS(see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. Comments on this EAW must be received by the City of Shakopee by 4:30 p.m.on June 3, 1998. 1. Project Title SuperValu Distribution Center 2. Proposer Planmark/SuperValu 3. RGU City of Shakopee Contact person Mr.Tom Peterson Contact person Mr. R. Michael Leek Address 6533 Flying Cloud Drive and title Community Development Director Eden Prairie.MN 55344 Address 129 Holmes Street South Phone (612)914-5833 Fax (612)914-5850 Shakopee.MN 55379-1376 Phone (612)445-3650 Fax (612)445-6718 4. Reason for EAW Preparation IBJ EIS Scoping 0 Mandatory EAW 0 Citizen Petition 0 RGU Discretion 0 Proposer Volunteered If EAW or EIS is mandatory give EQB rule category numbers(s) 4410.4400 Subp. 11.A(2) 5. Project Location Southwest Quarter of Section 4.T115N.R22W -- South of 4th Ave.and West of Canterbury Road(CSAH 83) County Scott County City/Twp Shakopee. Minnesota Attach copies of each of the following to the EAW: a. a county map showing the general location of the project; b. copy(ies)of USGS 7.5 minute, 1:24,000 scale map(photocopy is OK)indicating the project boundaries; c. a site plan showing all significant project and natural features. 6. Description Give a complete description of the proposed project and ancillary facilities(attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The SuperValu Distribution Center will be constructed on an 75-acre(3,267,000-square-foot)site that currently includes a farmstead with a two-story home and several out buildings,an airplane runway and taxi area,several rye grass fields,pine plantations,and some small deciduous woodlots. There are no wetlands on the site. The site is located west of Canterbury Road(CSAH 83),east of an access road to Canterbury Park Horse Racing Track,north of Canterbury Park and south of 4'h Avenue(Exhibit 1). "� Westwood Professional Services, Inc. Page 1 SuperValu Distribution Center EAW April 13, 1998 The SuperValu Distribution Center would be major grocery warehouse from which food and other items will be distributed throughout the Twin Cities Metropolitan Area. The Concept Plan (Exhibit 2)shows that the proposed building area totals 600,040 square feet(SF),including 27,840 SF of office, 537,200 SF of warehouse,and 35,000 SF of maintenance area. The project would include 375 passenger vehicle parking stalls, 138 semi-truck stalls,and 112 semi-truck loading bays. Plans also include development of 2.8 acres of stormwater ponding and approximately 31.4 acres of lawn and landscaping. Much of the landscaped area would be held for potential expansion of the distribution center in the future. This environmental review process for this EAW is proceeding concurrent with EAW processing for a similar SuperValu Distribution Center development proposal for a site located in Hopkins,Minnesota. At least one of these SuperValu Distribution Centers will be constructed,and development could potentially proceed at both the Shakopee and the Hopkins sites. The ultimate development location(s) will be determined in part by the outcome of development processes that are currently pending. Once completed,the project is expected to provide full-time employment for approximately 310 people. It is expected that there will be three work shifts resulting in varying numbers of employees requiring parking facilities at any one time. The largest shift will be from 7:00AM to 3:00PM and involve approximately 140 people. Parking will be provided for approximately 375 passenger vehicles and 138 semi-trailers. Parking facilities will also include 112 truck loading docks. Much of the 75-acre site has been previously cultivated or otherwise disturbed(Exhibit 3). There are no wetlands on the site(Exhibit 4). The site is currently used primarily for rye grass cultivation. The remainder of the site includes large areas of mowed grasses that provide an airplane taxiing area and runway. The building site consists of a two-story stucco house that was occupied by the recent residents since the mid-1950s. Additional buildings on the site include a barn with a damaged cement silo,a two-car garage with some shed space,a small brick outbuilding,an airplane hangar,and a small storage shed which has been used to dry pine boards. It is anticipated that project construction would begin in 1998 and be completed in 1999. Approximately 60 acres of the 75-acre site would be mass graded to construct parking areas,building pads,and stormwater ponding. Erosion control practices would be implemented and some of the existing Scotch pines would be preserved along the south property boundary. Project construction would increase the impervious surface from about 0.3 to 34.9 acres and add approximately 2.8 acres of stormwater ponding where none currently exists,resulting in the loss of 36.5 acres of rye grass field,8.9 acres of pine plantation,7.3 acres of upland meadow,and 1.9 acres of deciduous woodland. There are no wetlands or hydric soils on the site. Provide a 50 or fewer word abstract for use in EQB Monitor notice: The proposed SuperValu Distribution Center includes 572,200 square feet of warehouse and 27,840 square feet of office development supported by 375 passenger vehicle parking stalls,250 semi truck stalls and loading bays,and 2.8 acres of stormwater ponding. The project would retain about 5.9 acres of pine plantation. 7. Project Magnitude Data Total Project Area(acres) 75 or Length(miles) N/A Number of Residential Units Unattached N/A Attached N/A "T Westwood Professional Services, Inc. Page 2 SuperValu Distribution Center EAW April 13, 1998 Commercial/Industrial/Institutional Building Area(gross floor space) Total 600.040 square feet; Indicate area of specific uses: Office 27.840 SF Manufacturing 0 Retail N/A Other Industrial N/A Warehouse 572.200 SF Institutional N/A Light Industrial N/A Agricultural N/A Other Commercial(specify) N/A Building Height(s) 50 feet 8. Permits and Approvals Required List all known local,state,and federal permits,approvals,and funding required: Unit of Government Type of Application Status City of Shakopee EAW Negative Declaration To be applied for City of Shakopee Preliminary and Final Plat and Site Plan To be applied for City of Shakopee Grading Permit To be applied for City of Shakopee Building Permit To be applied for City of Shakopee Municipal Water Connection Permit To be applied for City of Shakopee Sanitary Sewer Connection Permit To be applied for Lower Minnesota River Watershed District Grading and Stormwater Management To be applied for Minnesota Pollution Control Agency NPDES/General Stormwater Permit To be applied for Minnesota Pollution Control Agency Sanitary Sewer Extension To be applied for Minnesota Department of Health Water Main Extension To be applied for 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses;indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. Historical Land Use Much of the site has been in row crops or other associated agricultural use for several decades(Exhibit 3). Landuse prior to the mid-1950s included corn cropping on the slopes located in the southwestern portion of the property. During this period,gully erosion developed on the slopes that were planted to corn. After ownership was transferred in approximately 1953,the new owner employed heavy machinery to fill and compact the previously eroded areas. After the gullies were filled,the owner planted these areas to trees(Exhibit 5),resulting in control of the previous erosion problems. Elevations on the site range from 735 feet in the south-central portion of the property to 765 feet along the south-central border and in the southwestern portion of the site. Adjoining Land Use Compatibility Land surrounding the project area is in predominantly industrial use(Exhibit 4). Land situated southwest of the site is occupied by the Canterbury Park Horse Racing Track. Office and warehouse developments,a small construction company,and an outboard motor distributor are located to the southeast. The east side of the property is bordered by Canterbury Road(CSAH 83). On the east side of Canterbury Road there is a glass bottle manufacturing industry,other light industries,a Kmart Distribution Center,and a City of Shakopee water tower. To the north of the property there is a cardboard box manufacturer,and to the northwest there is the Certain Teed Corporation. The majority of the site is guided for industrial use and zoned Light Industrial(I-1)by the City of Shakopee. The proposed project is compatible with this zoning and all adjacent land uses. No land use conflicts are anticipated. Westwood Professional Services, Inc. Page 3 SuperValu Distribution Center EAW April 13, 1998 Potential Environmental Contamination A Phase I Environmental Site Assessment(ESA)was completed for the property by Delta Environmental Consultants to evaluate the potential for and/or presence of recognized environmental conditions that could be associated with contamination and current or past property use. The ESA included an EDR- Radius Map report with GeoCheck completed for the property by Environmental Data Resources, Inc. (EDR)to identify potential sources of contamination within the standard search radius from the site. The EDR database search accessed records for more than 35 different types of environmentally relevant sites. A subset of the types of sites investigated in the assessment are listed in the following table. Database Database Name Acronym NPL National Priority List RCRIS-TSD Resource Conservation and Recovery Information System SHWS/PLP Superfund Permanent List of Priorities CERCLIS Comprehensive Environmental Response,Compensation,and Liability Information System LUST Leak Sites UST Underground Storage Tank Database AST Aboveground Storage Tanks RCRIS-SQG Resource Conservation and Recovery Information System-Small Quantity Generators RCRIS-LQG Resource Conservation and Recovery Information System-Large Quantity Generators MN LS Inventory of Open Dumps MN VIC Voluntary Investigation and Cleanup Program Highlights of the ESA are listed in the following table. Delta concluded that,other than the items listed in the following table,further environmental assessment of the subject property was not warranted as of August 1997 when the Phase I ESA was completed. Condition Observed Comments/Recommendations A pole-mounted transformer is located northwest No labels were observed documenting the absence of of the house. PCBs. The transformer is owned and maintained by Shakopee Public Utilities. A septic system and drain field are located The septic system,septic tanks,and drain field should northwest of the house,and an unsealed be abandoned in accordance with municipal and domestic well is located along the east side of the county regulations. The well will need to be house. abandoned and sealed in accordance with Minnesota Department of Health codes. A 1000-gallon liquid petroleum above-ground ASTs should be removed from the property and storage tank(AST)located along the west side of disposed of properly. the house fuels the furnace. Prior to 1983,the furnace was fueled by a 260-gallon fuel oil tank located in the basement of the house. A 500-gallon AST containing gasoline was No leaks or stains were observed in this vicinity. The observed just inside the airplane hangar. hangar and the AST will be removed from the site prior to sale of the property. ASTs should be removed from the property and disposed of properly. Several cans of paints,varnishes,household No evidence of leaks or spills was observed in cleaning products,engine oil,sealant,etc.were connection with the stored products. stored on shelves in the basement of the house. Some asbestos-containing materials were No attempt was made to access,through destructive identified in the house,including pipe insulation, means, inaccessible areas,components,or materials. under-sink coating,and back porch floor tile. The friable pipe insulation and pipe fitting insulation should be abated prior to demolition or renovation of the subject building. The non-friable asbestos- containing materials should be handled in accordance with state and federal regulations. VT Westwood Professional Services, Inc. Page 4 SuperValu Distribution Center EAW April 13, 1998 Condition Observed Comments/Recommendations Several facilities listed in databases,such as The subject property was not identified in any of the those included in the table above,were identified databases searched. Sites that were listed in the within one mile of the site. databases were generally located across-gradient or down-gradient from the subject site with respect to groundwater flow. Delta indicated that it appeared unlikely that the subject property has been impacted by the listed sites. 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development(before and after totals should be equal): Estimated Pre-and Post-development Land Cover Land Cover Before After (acres) (acres) Lawn/Landscaping 12.3 29.5 Rye Grass Fields 36.5 0.0 Wetland 0.0 0.0 Road Right-of-Way 1.9 1.9 Upland Meadow 7.3 0.0 Pine Plantation 14.8 5.9 Deciduous Woodland 1.9 0.0 Buildings/Parking/Impervious Surface 0.3 34.9 Stormwater Ponding 0.0 2.8 TOTAL 75.0 75.0 See Exhibit 5 for distribution of land cover types. 11. Fish,Wildlife,and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. Wildlife habitat in the project area is directly related to vegetative cover. Because approximately 65 percent of the site has been either used for production of rye grass or mowed as grass airplane runway,perennial wildlife habitat has been limited to the portion of the site that exists in pine plantation(14.8 acres),upland meadow(7.3 acres),and deciduous woodland(1.9 acres)(see Exhibit 5). The pine plantation is approximately 40 years old and dominated by Scotch and Austrian pine. Upland meadow areas are dominated by smooth brome,quack grass,and broad-leaf plants such as hoary alyssum and hoary vervain. The small deciduous woodlots include willows,elms,silver maple,honey locust,lilac,and common buckthorn. Development of the site will convert approximately 36.5 acres of rye grass field,8.9 acres of pine plantation,7.3 acres of upland meadow,and 1.9 acres of deciduous woodland to buildings,parking areas,landscaping,and stormwater ponding(see Exhibit 2). Approximately 5.9 acres of pine plantation will be preserved along the south property boundary. The area provides potential habitat for small mammals and those songbirds that are disturbance tolerant,but is less likely to be used significantly by larger mammals such as white-tailed deer, which occupy larger home ranges and require more contiguous habitat. The site is not likely to experience immigration from the Minnesota Valley Wildlife Refuge or other habitat resources in the area due to the isolating effect of established industries and busy roadways located between the site and the Minnesota River valley. Some local decline in wildlife abundance is expected to result from the project,but the project is not expected to result in a regionally significant decline in wildlife abundance or species diversity. The project site does not include any habitat types that are especially unique or rare in this area. Preservation of some of the pine plantation is expected to nominally mitigate adverse effects on some wildlife,but populations of species that depend more Westwood Professional Services, Inc. Page 5 SuperValu Distribution Center EAW April 13, 1998 on grassland and cropland,such as ring-necked pheasants,will be expected to decline. Migratory birds are expected to respond to the development by locating alternative nesting sites upon their return from wintering habitats. Non-migratory species with small home ranges such as small mammals will experience more adverse effects. These species,which include meadow voles and shrews,will either compete with other individuals of the same species to claim territories in neighboring habitats or succumb to mortality during construction. b. Are there any state-listed endangered,threatened,or special-concern species;rare plant communities; colonial waterbird nesting colonies;native prairie or other rare habitat;or other sensitive ecological resources on or near the site? 0 Yes El No If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. No evidence of any threatened,endangered,or rare plant or wildlife species was observed on the site during a field review on July 9, 1997. The site does not include any rare plant communities,and most of the site has been in agricultural use for decades. The Minnesota DNR Natural Heritage Program conducted a database search to determine if any records exist for the occurrence of rare or endangered plants,animals,or communities on or within one mile of the site. The results of this search are contained in Appendix A. The search indicated that no known occurrences of rare species or natural features exist within approximately one mile of the proposed project. 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging,filling,stream diversion,outfall structure,diking,impoundment)of any surface water(lake,pond, wetland stream,drainage ditch)?0 Yes El No If yes,identify the water resource to be affected and describe: the alteration,including the construction process;volumes of dredged or fill material;area affected;length of stream diversion;water surface area affected;timing and extent of fluctuations in water surface elevations; spoils disposal sites;and proposed mitigation measures to minimize impacts. The 75-acre site does not contain any wetlands. The project site does not include any wetlands shown on National Wetlands Inventory mapping(Exhibit 4)or any hydric soils according to the Soil Survey of Scott County(USDA, 1959)and the list of Hydric Soils of Minnesota(SCS, 1990;see Item 16). The absence of wetlands was confirmed during a field review on July 9, 1997. 13. Water Use a. Will the project involve the installation or abandonment of any wells?El Yes 0 No For abandoned wells give the location and Unique well number. For new wells,or other previously unpermitted wells,give the location and purpose of the well and the Unique well number(if known). The proposed project will be served by the City of Shakopee municipal water system and will not involve installation of any wells. Review of the County Well Index for Scott County did not identify any registered wells located within the property. However,according to the Phase I ESA prepared by Delta Environmental Consultants,the source of public water for the City of Shakopee is seven deep wells. Five of the wells are completed in the Jordan Sandstone aquifer and the remaining two wells are completed in the Franconia Formation aquifer. None of the public water supply wells for the City of Shakopee are located in the immediate vicinity of the subject property.The water supply for the farmstead on the property was originally a two-inch diameter well located along the east side of the house. Reportedly,the well was 40 feet deep,and it went dry in 1960 when industrial wells were installed north and northeast of the site. Since that time,the farmstead has been connected to the municipal water supply system,but the existing well has never been abandoned or sealed. The site includes one unregistered domestic well that formerly served the farmstead and will be abandoned and sealed in accordance with Minnesota Department of Health regulations during site development. Westwood Professional Services, Inc. Page 6 SuperValu Distribution Center EAW April 13, 1998 b. Will the project require an appropriation of ground or surface water(including dewatering)? 0 Yes E1 No If yes,indicate the source,quantity,duration,purpose of the appropriation,and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. Based on the estimated depth to the water table indicated in the Preliminary Geotechnical Investigation prepared by GME consultants,the most shallow groundwater on the site was present at a depth of 18 feet in a location where the surface elevation was 740.5 feet. Based on these data and the proposal for construction of slab-on-grade warehouse and office facilities,it appears that it will not be necessary to conduct any construction dewatering to extend utilities or make other construction activities feasible. c. Will the project require connection to a public water supply?E1 Yes 0 No If yes,identify the supply,the DNR water application permit number of the supply,and the quantity to be used. The site will be connected to the City of Shakopee public water supply which has DNR Water Appropriation Permit Number 80-6205 and utilizes groundwater aquifers as its water source. It is expected that the quantity of water used will be proportional to the sanitary wastewater produced. Assuming consumption is approximately 110 percent of the wastewater generation rate(see Item 19a),the estimated water demand is 28,133 gallons per day on a maximum potential average daily basis. 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district?0 Yes lI No If yes,identify the district and discuss the compatibility of the project with the land use restrictions of the district. The project is located approximately 2,400 feet from the Minnesota River and over 2,000 feet from the Minnesota River floodplain wetlands. No other DNR protected waters are located within 1,000 feet of the site. 15. Water Surface Use Will the project change the number or type of watercraft on any water body?0 Yes 0 No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate/estimated depth(in feet)to: Water Table:Depth I$feet Bedrock: 10-32 feet Describe the soils on the site,giving SCS classifications,if known. (SCS interpretations and soil boring logs need ngi be attached.) The Soil Survey of Scott County,Minnesota(USDA, 1959)shows that the following soils occur within the property. Symbol Soil Classification Hydric' Prime Farmland2 HdA Hubbard fine sand,0 to 2 percent slopes No No HdC2 Hubbard fine sand,6 to 12 percent slopes, moderately wind eroded No No Based on the list of Hydric Soils of Minnesota(1990). 2 Based on the list of Prime Farmlands of Minnesota. "1 Westwood Professional Services, Inc. Page 7 SuperValu Distribution Center EAW April 13, 1998 Both of the soils on the site are part of the Hubbard Soil Series. According to the Soil Survey of Scott County(USDA, 1959), Hubbard soils are moderately dark colored sandy soils susceptible to wind erosion where vegetative protection is absent. The native vegetation for these soils is grasses. The topography for this soil series ranges from nearly level to undulating. The soils are structureless to weak very fine granular,loose,and may be slightly to moderately acidic. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres: It is anticipated that 60 acres of the 75-acre site will need to be graded. cubic yards: On-site grading: 180,000 cubic yards Note:The anticipated cubic yards of grading is a preliminary estimate that is subject to change. This estimate is based on the assumption that only 60 acres will be graded and 3,000 cubic yards of soil will be moved per acre graded. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. According to the Soil Survey of Scott County,soils on steep(12 percent or greater)slopes are subject to severe erosion. Based on the analysis of site topography,slopes of approximately 12 percent occupy between 4.59 and 6.89 acres within the site,or about 8 percent of the site's acreage. These steep slopes occur in an east-west band approximately 2,000 feet long and 100 to 150 feet wide generally located in the area between the 750 and 760 contours shown on the USGS topographic map(Exhibit 1). This areas is currently vegetated by pine plantation. Approximately 60 percent of the steep slopes will be graded in conjunction with development of the proposed project. Because the project will involve disturbance of more than five acres of land,application for coverage under the NPDES General Permit for Construction Activities will be submitted to the Minnesota Pollution Control Agency prior to initiating earthwork on the site. This permit requires that best management practices(BMPs)be used to control erosion and that all erosion controls be inspected after each rainfall exceeding 0.1 inch of precipitation. Potential erosion control practices to be used on the site will include: 1. Construction of temporary sediment basins in the locations proposed for stormwater ponds,and development of these basins for permanent use following construction. 2. Silt fence installed at the construction limits prior to the initiation of earth work and maintained until all exposed soil is stabilized. 3. Installation of a rock construction entrance. 4. Periodic cleaning of adjacent city streets. 5. Energy dissipation,such as riprap,installed at storm sewer outfalls. 6. Use of cover crops,sod,and landscaping to stabilize exposed surface soils after final grading. All erosion control plans will be reviewed by the Lower Minnesota River Watershed District. Because the above BMPs will be implemented,the potential adverse effects from construction-related sediment and erosion on water quality will be minimized to the extent practical. It is anticipated that potential adverse erosion and sedimentation impacts will be limited primarily to short-term effects. "y Westwood Professional Services, Inc. Page 8 SuperValu Distribution Center EAW April 13, 1998 18. Water Quality-Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. No increase in the quantity or decrease in the quality of site runoff is anticipated as a result of this project. Post-development runoff is expected to be typical of light industrial development. Project development would increase impervious surface from about 0.3 to 34.9 acres, but would also create 2.8 acres of stormwater ponding. Stormwater ponding will be designed to meet NURP(Nationwide Urban Runoff Program)guidelines and limit post-development runoff rates to or below current levels. Stormwater runoff from all parking,building,and street surfaces will undergo treatment in stormwater basins designed to meet NURP criteria before discharging to the City of Shakopee storm sewer system. NURP guidelines indicate that ponds designed in accordance with Walker(Walker, W.W. 1987.Phosphorus Removal by Urban Runoff Detention Basins. Lake and Reservoir Management: Volume Ill. North American Lake Management Society)have: 1. A permanent pool (dead storage)volume greater than or equal to the runoff from a 2.5 inch storm over the entire contributing drainage area assuming full development. 2. A permanent pool average depth that is>4 feet,with a maximum depth of<10 feet. 3. An emergency spillway adequate to control the one percent frequency/critical duration rainfall event. 4. Basin side slopes no steeper than 3:1,with a 10:1 bench for the first one foot of depth below the normal water level. 5. Maximized distance between basin inlets and outlets. 6. A flood pool(live storage)volume adequate to limit discharges from 2-year and 100-year storms to or below predevelopment watershed conditions. Stormwater runoff from all impervious surfaces will be routed into on-site detention basins located in the northeastern and northwestern portions of the site. These basins will be designed to meet NURP(Nationwide Urban Runoff Program)guidelines and will conform to storm drainage design criteria developed by the City of Shakopee. City of Shakopee storm drainage design criteria include pond sizing and design to accommodate both a 5-year initial storm event and a 100-year major storm event. Stormwater will be discharged from the on-site detention basins to a regional ponding basin proposed for construction about one quarter mile west of the project by the City of Shakopee. According to the Stormwater Feasibility Study for Northern Shakopee(OSM Associates, 1994), alternative designs show that the regional ponding basin will have a volume of 32.2 to 40.6 acre-feet and a peak discharge rate of 10.6 to 31.9 cfs(cubic feet per second). The quantity of on-site runoff will increase due to a proposed increase of approximately 34.6 acres of impervious surface resulting from building and parking lots development. This increase will be mitigated by the on-site ponding that will be constructed to provide water quality treatment and rate control. Because of the ponding proposed,little or no increase in the rate or decrease in the quality of site runoff discharging to regional ponding is anticipated as a result of this project Existing site runoff likely contains pesticides,herbicides,and fertilizer residues due to the presence of agricultural fields and landscaped lawn areas. Runoff water after development will likely have a decreased amount of pesticide,herbicide,and fertilizer residues along with an increased amount of phosphates and other typical components of urban runoff from impervious surfaces. The proposed on-site detention basins will provide treatment of runoff before it flows into the regional stormwater ponding basin to be constructed west of the site. Best management practices will be employed during construction to help reduce erosion and sediment loading of stormwater runoff(see Item 17). Westwood Professional Services, Inc. Page 9 SuperValu Distribution Center EAW April 13, 1998 b. Identify the route(s)and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult"EAW Guidelines"about whether a nutrient budget analysis is needed.) After the site is developed,stormwater will be routed to on-site detention basins that meet NURP guidelines prior to discharge to a proposed regional stormwater pond to be located about a quarter mile west of the site. From this regional pond,water will flow north and pass through one or two additional ponds before discharging to the Minnesota River. The proposed route for stormwater runoff will provide rate control and water quality treatment. Only negligible post-development downstream water quality impacts are anticipated. 19. Water Quality-Wastewaters a. Describe sources,quantities,and composition(except for normal domestic sewage)of all sanitary and industrial wastewaters produced or treated at the site. Sanitary wastewater production has been estimated based on the methods outlined in the Service Availability Charge(SAC)Procedures Manual(Metropolitan Council Environmental Services, 1996). One SAC unit equals 274 gallons of maximum potential daily wastewater flow volume. The volume of wastewater production was estimated by assigning one SAC unit per 2,400 SF(square feet)of office and per 7,000 SF of warehouse/maintenance. Based on these methods,Metropolitan Council guidelines indicate that this type of office development would be expected to generate a maximum of 3,178 gallons of wastewater per day,and the warehouse space would be expected to generate a maximum of 22,397 gallons of wastewater per day. Based on these figures,the estimated maximum potential wastewater production for the entire proposed development is 25,575 gallons per day,as shown in the following table. Proposed Use SAC Rate Square Feet SAC Wastewater Units (gallons/day) General Office 1/2400SF 27,840 11.60 3,178 Warehouse 1/7000SF 572,200 81.74 22,397 Total 25,575 The types of wastewater produced will be typical of shipping and distribution warehouse industries. The proposed project will not entail any food processing,and site development will not include any wet industries. b. Describe any waste treatment methods to be used and give estimates of composition after treatment,or if the project involves on-site sewage systems,discuss the suitability of the site conditions for such systems. Identify receiving waters(including ground water)and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult`EAW Guidelines"about whether a nutrient budget analysis is needed.) No onsite waste treatment is proposed. All wastewater will be discharged to the City of Shakopee sanitary sewer system. c. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. Wastewater will be routed to the trunk sanitary sewer line via connecting sanitary sewer pipes sized and constructed to appropriate specifications. The eastern portion of the subject site lies within the Industrial Sanitary Sewer District and the western portion lies within the VIP District of the City of Shakopee. The City of Shakopee 1989 Comprehensive Sewer Plan estimates future average sanitary sewer flow rates at 2,000 gallons per day per acre(gpd/ac)for industrial uses within both Westwood Professional Services, Inc. Page 10 SuperValu Distribution Center EAW April 13, 1998 sewer districts. The estimated 25,575 gallons per day for this 75-acre site is well below the 150,000 gallons per day that would be predicted based on the Comprehensive Plan's 2,000 gpd/ac flow rate. Wastewater will eventually flow to the Blue Lake Treatment Facility operated by the Metropolitan Council. The treatment facility has a design capacity of 32 million gallons per day and currently receives about 23 million gallons per day. The estimated 25,575 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. 20. Ground Water-Potential for Contamination a. Approximate depth(in feet)to ground water: See Item 16. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes;shallow limestone formations/karst conditions;soils with high infiltration rates;abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. According to the Geologic Atlas of Scott County(Minnesota Geological Survey, 1982),"the ability of surface contaminants to enter the bedrock formations that can serve as sources of water supply depends mainly on the permeability and thickness of the overlying unconsolidated material and the depth to the water table." The Atlas classifies the bedrock aquifers in the project area as highly susceptible to contamination. This classification is due to the sandy surface soils and the proximity of the bedrock to the surface. This bedrock belongs to the Prairie du Chien group,which consists of sandy dolomite with thin beds of quartzose sandstone and some soft shale. The development of approximately 34.9 acres of impervious surface on the site and the routing of stormwater to detention basins is expected to limit the potential for contaminated surface water infiltration and minimize the potential for groundwater contamination. As stated in the Geologic Atlas,the"Minnesota Department of Health Water-Well Code prohibits the use of a limestone or dolomite formation as a source of ground-water supply if it occurs within fifty feet of the land surface within a 1-mile radius around the well site." Because the geologic data for the site shows that the Prairie du Chien dolomite is known to occur within 50 feet of the land surface,the pumping level for any wells must be below the top of this unit within the project site. According to the Atlas, "wells must be drilled deeper to tap a lower aquifer"under these geologic conditions. This safeguard,and the observation that most established wells within one mile of the project site record the inclusion of cement grout in their design,limit the potential for project development to adversely impact domestic or municipal wells. According to the Phase I ESA prepared by Delta Environmental Consultants,the sources of public water for the City of Shakopee are seven municipal wells. Five of these wells are in the Jordan Sandstone aquifer and the remaining two wells are in the Franconia Formation aquifer. None of the public water supply wells for the City of Shakopee are located in the immediate vicinity of the proposed SuperValu Distribution Center site. c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. No known hazardous materials are currently located on the site. No toxic or hazardous materials other than vehicle fuels and normal cleaners are expected to be used on the project site. It is anticipated that the project will include a backup generator that will allow the facility to continue to operate in case of a power outage. The generator would be powered by natural gas and would not require that any petroleum fuel to be stored on site. "y Westwood Professional Services, Inc. Page 11 SuperValu Distribution Center EAW April 13, 1998 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types,amounts,and compositions of solid or hazardous wastes to be generated,including animal manures,sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan;list type(s)and how the project will be modified to allow recycling. It is not anticipated that the proposed distribution center will generate significant amounts of wastes that would be considered"hazardous". Types of solid wastes to be generated by the facility and the relative percentage of each type(by weight)are estimated in the following table. Waste Type Percentage Other Organics 39 Paper 33 Wood/Yard Wastes 12 Plastics 11 Glass 2 Metals 1 Hazardous Wastes 1 Other Wastes <1 Source: King County,Washington Waste Monitoring Program: Large Generator Study Final Report,1994. Other organics include such items as food wastes,textiles/clothes,and rubber products. Hazardous wastes,which are not expected to be generated on the site,include items such as used oil,batteries,paint,adhesives,cleaners,gas,and antifreeze. Estimated yearly disposal of solid wastes from the proposed distribution center is 600 tons. This estimate is based on a disposal rate of 10.6 pounds per employee per day(King County Large Generator Study,1994),310 employees,and full operation of the facility seven days per week. Please note that this calculation represents a maximum since it is highly unlikely that all of the people employed at this facility with be working every day all week. The actual number of employees working each day and the corresponding waste generation rate will likely be significantly lower. The City of Shakopee has no recycling program or applicable recycling ordinance in place for businesses. The SuperValu facility will be responsible for their own source separation plan,and recycling will be coordinated through their chosen solid waste contractor. Non-recycled waste will be hauled to either the Scott County incinerator or a sanitary landfill. b. Indicate the number,location,size,and use of any above or below ground tanks to be used for storage of petroleum products or other materials(except water) It is not anticipated that development of the SuperValu Distribution Center will involve installation of any above-ground or under-ground storage tanks. According to the Phase I ESA prepared by Delta Environmental Consultants,the project site currently includes two above-ground storage tanks. As indicated under Item 9 of this EAW,the ESA recommended that the above-ground storage tanks be removed from the property and disposed of properly. Page12 Westwood Professional Services, Inc. SuperValu Distribution Center EAW April 13, 1998 22. Traffic Parking spaces added: 625,including: • 375 passenger vehicle parking stalls, • 138 semi trailer parking stalls,and • 112 truck loading bays Existing spaces(if project involves expansion): None Estimated total Average Daily Traffic(ADT)generated: 1,206 trips/day (Based on the 6th Edition of Trip Generation(Institute of Transportation Engineers,1997),the warehouse use,310 employees,and 3.89 trips/employee/day). Estimated maximum peak hour traffic generated(if known)and its timing: 40;4:45-5:45 pm (The estimate of 40 peak hour trips generated refers to the peak hour of the adjacent roadway system, which is 4:45-5:45 pm. Most of these trips will be generated by existing workers from the office portion of the facility,although there will be a limited number of truck trips generated during that period. The peak hour of the site is expected to occur between 2:30 and 3:30 pm,surrounding the major shift change for warehouse workers. During this hour,the site is expected to generate approximately 250 trips,including automobiles and trucks). For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. The table below summarizes the trip distribution to the roadway network and the average daily traffic volumes expected to result from the project. Trip Generation and Distribution for the SuperValu Distribution Center Route Trip Current ADT ADT Added Post-Project ADT Distribution by Project _ TH 169 to the east 70% 25,000 850 25,850 TH 101 to the east 20% 19,000 250 19,250 TH 169 to the west 10% 16,500 125 16,625 All of the roadways listed in the preceding table have available capacity to accommodate the site- generated increase in traffic on a daily and peak-hour basis. In addition to the ultimate distribution roadways noted above,it should be noted that CSAH 83(Canterbury Road)between the site(4th Avenue)and TH 169 will carry approximately 80 to 90 percent of the site traffic toward TH 169. This will cause the daily traffic volumes on CSAH 83 to increase from 12,300 to 13,300. CSAH 83 is a four-lane undivided roadway and it can accommodate this increase. As project planning proceeds,one location on the roadway network will need to be examined for potential mitigation or upgrade needs. This location is the intersection of CSAH 83 and 4th Avenue, which is situated at the northeast corner of the site(see Exhibits 5 and 6). It may become necessary to install a traffic signal and/or provide geometric modifications to maintain appropriate traffic service levels at this intersection. Presently,this intersection is controlled by a stop sign for eastbound 4th Avenue traffic. CSAH 83 is a four-lane,undivided roadway with a 50 mph speed limit and 4th Avenue is a two-lane,undivided roadway with a 50 mph speed limit. At this time,a formal traffic signal warrant study has not been conducted. With the increase in traffic on 4th Avenue,including truck traffic,the need for signalization at CSAH 83 and 4th Avenue should be formally examined. The need for turn lanes or channelization (median islands)at this intersection should also be studied. Data on trip generation,traffic volumes(see Exhibit 6 and the following Table),and the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways(Minnesota Department of Transportation, 1991),will be considered during any future investigation of the need for traffic signal " Westwood Professional Services, Inc. Page 13 SuperValu Distribution Center EAW April 13, 1998 control. The analysis would consider the factors contained in the traffic signal warrants that are customarily reviewed prior to signal installation. Average Daily Traffic(ADTs)for Shakopee Roadways Source Road Segment ADT Shakopee 4th Ave. Viking Steel Rd.to Shenandoah Dr. 4,798 Shakopee 4th Ave. Shenandoah Dr.to CSAH 83 5,996 Scott County CSAH 16 West of CSAH 83 3,600 Scott County CSAH 16 East of CSAH 83 2,650 Scott County CSAH 83 TH 101 to 4th Ave. 15,900 Scott County CSAH 83 4th Ave.to TH 169 12,300 Scott County CSAH 83 TH 169 to CSAH 16 11,800 Mn/DOT CSAH 16 West of CSAH 83 3,500 Mn/DOT CSAH 16 East of CSAH 83 2,700 Mn/DOT CSAH 83 TH 101 to CSAH 16 15,700 Mn/DOT TH 101 East of CSAH 83 19,000 Mn/DOT TH 101 West of CSAH 83 20,500 Mn/DOT TH 169 East of CSAH 83 25,000 Mn/DOT TH 169 West of CSAH 83 16,500 Notes 1. Scott County conducts counts on non-state aid streets for warrant studies only. 2. Count data from the City of Shakopee originated from 1995. The City of Shakopee conducts counts in odd years. 3. Mn/DOT's estimated ADT for TH 101 east of CSAH 83 was adjusted to estimate the traffic after opening of New TH 169. 4. The actual ADT on TH 101 west of CSAH 83 may be lower than Mn/DOT's estimate due to the opening of new TH 169. 5. Mn/DOT estimated ADTe for TH 169 in December, 1996,about 2 to 3 weeks after new TH 169 opened. 6. Mn/DOT's estimated ADTs for CSAH 83 and CSAH 16 originated from counts taken during early 1996,prior to the opening of new TH 169. 7. No directional counts were available from these agencies. 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality,including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult `EAW Guidelines"about whether a detailed air quality analysis is needed.) The increased traffic will generate a corresponding increase in carbon monoxide levels and other vehicles-related air emissions. Based on the traffic studies previously prepared for comparable developments and the nearby road network that includes a County State Aid Highway(CSAH 83)and two State Trunk Highways(TH 101,TH 169),it does not appear likely that this project will have a significant negative impact on regional traffic operations. Therefore,the project would be expected to have a negligible impact on air quality. No baseline air quality monitoring or predictive air quality modeling studies have been scheduled at this time,and no measures to mitigate air quality impacts have been considered. Because the project will entail fewer than 1,000 parking stalls,an ISP(Indirect Source Permit)is not necessary. This being the case,the project is expected to comply with state and federal air quality standards. Minnesota Rules indicate that air quality studies are necessary only when an ISP is required. An ISP application is necessary for any project involving more than 2,000 parking stalls or any project involving more than 1,000 parking stalls and located within one-quarter mile of a roadway with an ADT (Average Daily Traffic count)of at least 8,334. This project includes only 625 parking stalls and therefore no air quality studies have been considered. 1 Westwood Professional Services, Inc. Page 14 SuperValu Distribution Center EAW April 13, 1998 24. Stationary source air emissions Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)?0 Yes ll No If yes,describe the sources,quantities,and composition of the emissions;the proposed air pollution control devices;the quantities and composition of the emissions after treatment;and the effects on air quality. No stationary source air emissions are anticipated as a result of this project. 25. Will the project generate dust,odors,or noise during construction and/or operation?RI Yes 0 No If yes,describe the sources,characteristics,duration,and quantities or intensity,and any proposed measures to mitigate adverse impacts. Also identify the location of sensitive receptors in the vicinity and estimate the impacts on these receptors. It is anticipated that noise levels will increase locally during construction of the distribution center and parking areas. The actual noise levels on and adjacent to the site will vary considerably depending on the number of pieces of equipment being operated simultaneously,the percent of time in operation,and the distance from the equipment to the receptors. It is anticipated that most construction activities will be confined to the hours between 7:00 am and 7:00 pm and that a number machines could be operating simultaneously. Noise generation estimates for various types of equipment that may be used on the site are given in the following table. Typical Construction Equipment Noise Levels Machine Type Manufacturer Model Noise Level Noise Level Noise Level (dBA)at 200' (dBA)at 400' (dBA)at 800' Crane American 7260 70 64 58 Crane' American 5299 58 52 46 Backhoe Link Belt 4000 80 74 68 Backhoe' John Deere 609A 73 67 61 Front Loader' Caterpillar 980 72 66 60 Front Loader' Caterpillar 966 69 63 57 Scraper' Caterpillar 660 80 74 68 Scraper Caterpillar 641 B 73 67 61 Truck 2 Unspecified Unknown 79 73 67 Jack Hammer 2 Unspecified Unknown 76 70 64 Data originated from a Federal Highway Administration study published in 1973. 2 Data originated from the Traffic Noise and Vibration Manual,Illinois Department of Transportation,1977. The most potentially sensitive noise receptor in the vicinity of the site is a farmstead located north of 4th Avenue in the midst of other industrial developments. No noise mitigation measures have been developed for consideration at this time. However,the following factors will help minimize any objectionable effects of the noise generated in association with construction activity: 1. the daily duration of construction activity will usually be limited to 7:00 am to 7:00 pm, 2. construction activity will be relatively short-term,and is not expected to exceed one year in duration. The construction process is also expected to generate some dust. It is not anticipated that fugitive dust will be generated in objectionable quantities. Consideration will be given to suppression of airborne dust by application of water if significant fugitive dust generation occurs during site grading. It is not anticipated that construction or operation of the distribution center will generate significant odors. Westwood Professional Services, Inc. Page 15 SuperValu Distribution Center EAW April 13, 1998 26. Are any of the following resources on or in proximity to the site: a. archeological,historical,or architectural resources? 0 Yes El No Although a Cultural Resources Investigation has not been conducted for the property,there is believed to be low potential the site could contain significant undisturbed cultural material. Much of the site has been previously farmed and has undergone a variety of disturbances associated with agricultural practices. A cultural review was requested from the State Historic Preservation Office(SHPO)in advance of EAW publication to expedite the review process. The SuperValu Distribution Center was assigned SHPO Number 97-3393,and SHPO concluded that the project is unlikely to affect any historic properties. Correspondence from SHPO is included in Appendix B. SHPO did not request a cultural resources investigation. b. prime or unique farmlands?0 Yes El No c. designated parks,recreation areas,or trails? 0 Yes El No d. scenic views and vistas?0 Yes Q No e. other unique resources?0 Yes El No If any items are answered Yes,describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts? (Examples include:glare from intense lights;lights visible in wilderness areas;and large visible plumes from cooling towers or exhaust stacks.) 0 Yes El No If yes,explain. No adverse visual impacts are expected. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use,water,or resource management plan of a local,regional,state,or federal agency? El Yes 0 No If yes,identify the applicable plan(s),discuss the compatibility of the project with the provisions of the plan(s),and explain how any conflicts between the project and the plan(s)will be resolved. If no,explain. The project falls under the Comprehensive Land Use Plan adopted by the City of Shakopee in 1995. Approximately 65 acres of the 75 acre site fall within the 1990 MUSA(Metropolitan Urban Service Area) expansion area of the City of Shakopee. The remaining 10 acres do not appear to be within the MUSA, but these 10-acres are flanked on all sides by the MUSA expansions dated 1990(the project site)and 1986(Canterbury Park). Approximately 65 acres of the 75 acre site is guided for Industrial use and zoned Light Industrial (I-1). The proposed distribution center complies with the permitted uses for this portion of the property as defined by the Zoning Ordinance. The light industrial designation allows for warehousing and wholesaling that is conducted entirely within an enclosed building. It is anticipated that the SuperValu Distribution Center building will be between 40 and 50 feet high. A Conditional Use Permit will be required if the building will be more than 45 feet high. The proposed use is compatible with the Comprehensive Guide Plan and the current I-1 zoning designation for this portion of the site. The remaining 10 acres have a Major Recreation land use designation,and the proposed industrial use is not compatible with this district's permitted uses. The purpose of Major Recreation zoning is to: (1) create a high quality environment for large amusement and recreation attractions with a regional draw, (2)create a high degree of land use compatibility and street efficiency,and(3)protect existing and natural landscape features. The Major Recreation Zoning requires the planning of entire land ownerships as a unit rather than permitting scattered development. This zoning was designated Racetrack Related in the previous guide plan but has since been updated. "V Westwood Professional Services, Inc. Page 16 SuperValu Distribution Center EAW April 13, 1998 The 10 acres currently zoned for Major Recreation would need to be rezoned through the municipal design review process. The necessary zoning amendment would initiate a simultaneous Comprehensive Guide Plan Amendment. Because the subject area encompasses only 10 acres,the Comprehensive Plan Amendment would be considered a"minor"amendment and would not require Metropolitan Council review. Land use designations of areas surrounding the project site include Major Recreation,Light Industrial and Heavy Industrial,as shown on the City of Shakopee Land Use Map. No conflicts are anticipated with adjoining land uses. 29. Impact on Infrastructure and Public Services Will new or expanded utilities,roads,other infrastructure,or public services be required to serve the project?El Yes 0 No If yes,describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action"with respect to the project must be assessed in this EAW, see "EAW Guidelines"for details.) The City of Shakopee will develop recommendations concerning any necessary improvements after the City has reviewed the project. The project proposer will work with the City of Shakopee to resolve any issues that may arise in conjunction with any necessary public improvements. It is anticipated that the only off-site infrastructure improvements that may be necessary will entail turn lanes and, potentially, signal installation. 30. Related Developments;Cumulative Impacts a. Are future stages of this development planned or likely? El Yes 0 No If yes,briefly describe future stages,their timing,and plans for environmental review. The Concept Plan(Exhibit 2)shows that the 75-acre site will include approximately 31.4 acres of lawn and landscaping,and SuperValu intends to reserve opportunities to expand the proposed Distribution Center in the future in response to market conditions. However,no project expansion concepts have been developed at this time,and it is not currently possible to assess environmental impacts that may be associated with potential future expansion. It is anticipated that any future expansion applications will not be filed until at least three years after construction of this project has begun. Assuming this becomes the case,future development applications will fall under a separate environmental review,as set forth under Minnesota Rules Part 4410.4300 Subpart 1. If future development exceeds a mandatory EAW threshold and is separated from this project by at least three years,a separate EAW will be completed at that time. If separated by at least three years and future development does not exceed an EAW threshold,no future environmental review will be necessary. If future development is separated from this project by less than three years,this EAW will be amended before the future development proceeds. b. Is this project a subsequent stage of an earlier project? 0 Yes El No If yes,briefly describe the past development,its timing,and any past environmental review. c. Is other development anticipated on adjacent lands or outlots?0 Yes El No If yes,briefly describe the development and its relationship to the present project. d. If a,b,or c were marked Yes,discuss any cumulative environmental impacts resulting from this project and the other development. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28,identify and discuss them here,along with any proposed mitigation. No other adverse environmental impacts are anticipated. Pa e17 Westwood Professional Services, Inc. 9 SuperValu Distribution Center EAW April 13, 1998 32. SUMMARY OF ISSUES (This section need not be completed if the EAW is being done for EIS scoping;instead, address relevant issues in the draft Scoping Decision document which must accompany the EA W.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. Item 6.Description. The SuperValu Distribution Center would be constructed on a 75-acre site located in the City of Shakopee. The site includes a farmstead with a two-story home and several out buildings,an airplane runway and taxi area,several rye grass fields,a pine plantation,some small deciduous woodlots,and portions of existing road right-of-way. The proposed building area totals 600,040 square feet(SF),including 27,840 SF of office,537,200 SF of warehouse and 35,000 SF of maintenance area. The project would include 375 passenger vehicle parking stalls, 138 semi-truck stalls,and 112 semi- truck loading bays. Plans also include 2.8 acres of stormwater ponding,31.4 acres of lawn and landscaping,and 5.9 acres of pine plantation preservation. Item 9.Land Use. A Phase I Environmental Site Assessments(ESA)was completed for the property by Delta Environmental Consultants to evaluate the potential for and/or presence of recognized environmental conditions that could be associated with contamination and current or past property use. Facilities observed by Delta include an unused domestic well,the septic system that serves the house,a 500-gallon above ground storage tank,and some asbestos-containing building materials. The Phase I ESA recommended that the septic system and well be abandoned in accordance with Minnesota Department of Health Codes,the above ground storage tank be removed and disposed of properly,and the non-friable asbestos-containing materials be handled in accordance with state and federal regulations. Item 11. Fish, Wildlife,and Ecologically Sensitive Resources. Development of the site will convert approximately 36.5 acres of rye grass field,8.9 acres of pine plantation,7.3 acres of upland meadow, and 1.9 acres of deciduous woodland to buildings,parking areas,landscaping,and stormwater ponding. Approximately 5.9 acres of pine plantation will be preserved along the south property boundary. The site does not contain any wetlands. A site visit conducted by Westwood Professional Services, Inc.on July 9, 1997 did not identify any evidence of threatened,endangered or rare plant or wildlife species or communities occurring on the site. A database search by the Minnesota DNR Natural Heritage Program did not identify any occurrences of rare or endangered plants,animals,or communities within one mile of the site. Item 17.Erosion and Sedimentation. Slopes greater than 12 percent are generally considered subject to erosion. Based on the analysis of site topography,slopes of approximately 12 percent occupy between 4.59 and 6.89 acres within the site. These slopes occur in an east-west generally located in the southern third of the site. This area is currently vegetated by pine plantation. Approximately 60 percent of the steep slopes will be graded in conjunction with development of the property. Erosion control practices to be used on the site will include development of use of sediment basins during construction, stormwater ponding following construction,silt fencing at the construction limits,street cleaning,riprap at storm sewer outfalls,and cover crops and sod to stabilize exposed soils. Because the above BMPs will be implemented,the potential adverse effects from construction-related sediment and erosion on water quality will be minimized to the extent practical. It is anticipated that potential adverse erosion and sedimentation impacts will be limited primarily to short-term effects. Item 18. Water Quality-Surface Water Runoff. No increase in the quantity or decrease in the quality of site runoff is anticipated as a result of this project. The proposed ponding system will be designed to meet City,Watershed,and NURP(Nationwide Urban Runoff Program)guidelines,and to limit post- development runoff rates to or below current levels. Because the stormwater ponding proposed will meet all requirements for nutrient and sediment removal as well as rate control,only negligible post- development downstream water quality impacts are anticipated. Item 19. Water Quality-Wastewaters. The estimated maximum potential wastewater production for the entire proposed development is 25,575 gallons per day. The types of wastewater produced will be typical of shipping and distribution warehouse industries. The proposed project will not entail any food processing,and site development will not include any wet industries. No onsite waste treatment is ` 1 Westwood Professional Services, Inc. Page 18 SuperValu Distribution Center EAW April 13, 1998 proposed. All wastewater will be discharged to the City of Hopkins sanitary sewer system. The eastern portion of the subject site lies within the Industrial Sanitary Sewer District and the western portion lies within the VIP District of the City of Shakopee. The City of Shakopee 1989 Comprehensive Sewer Plan estimates future average sanitary sewer flow rates at 2,000 gallons per day per acre(gpd/ac)for industrial uses within both sewer districts. The estimated 25,575 gallons per day for this 75-acre site is well below the 150,000 gallons per day that would be predicted based on the Comprehensive Plan's 2,000 gpd/ac flow rate. Wastewater will eventually flow to the Blue Lake Treatment Facility operated by the Metropolitan Council. The estimated 25,575 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. Item 20. Ground Water-Potential for Contamination. According to the Geologic Atlas of Scott County (Minnesota Geological Survey, 1982),the bedrock aquifers in the project area are highly susceptible to contamination. This classification is due to the sandy surface soils and the proximity of the bedrock to the surface. This bedrock belongs to the Prairie du Chien group,which consists of sandy dolomite with thin beds of quartzose sandstone and some soft shale. The development of approximately 34.9 acres of impervious surface on the site and the routing of stormwater to detention basins is expected to limit the potential for contaminated surface water infiltration and minimize the potential for groundwater contamination. Item 22. Traffic. The traffic generated by the project will be distributed to the surrounding roadway network,resulting in some increase in the daily traffic on TH 169,TH 101 and CSAH 83. All of these roadways have available capacity to accommodate the site-generated increase in traffic on a daily and peak-hour basis. As project planning proceeds,is the intersection of CSAH 83 and 4th Avenue will need to be examined for potential mitigation or upgrade needs. This location,which is situated at the northeast corner of the site(see Exhibits 5 and 6). It may become necessary to install a traffic signal and/or provide geometric modifications to maintain appropriate traffic service levels at this intersection. Presently,this intersection is controlled by a stop sign for eastbound 4th Avenue traffic. CSAH 83 is a four-lane,undivided roadway with a 50 mph speed limit and 4th Avenue is a two-lane,undivided roadway with a 50 mph speed limit. At this time,a formal traffic signal warrant study has not been conducted. With the increase in traffic on 4th Avenue,including truck traffic,the need for signalization at CSAH 83 and 4th Avenue should be formally examined. The need for turn lanes or channelization (median islands)at this intersection should also be studied. Item 28. Compatibility with Plans. The project falls under the Comprehensive Land Use Plan adopted by the City of Shakopee in 1995. Approximately 65 acres of the 75 acre site fall within the 1990 MUSA (Metropolitan Urban Service Area)expansion area of the City of Shakopee. The remaining 10 acres do not appear to be within the MUSA,but these 10-acres are flanked on all sides by the MUSA expansions dated 1990(the project site)and 1986(Canterbury Park). Approximately 65 acres of the 75 acre site is guided for Industrial use and zoned Light Industrial (I-1). The proposed distribution center complies with the permitted uses for this portion of the property as defined by the Zoning Ordinance. The light industrial designation allows for warehousing and wholesaling that is conducted entirely within an enclosed building. It is anticipated that the SuperValu Distribution Center building will be between 40 and 50 feet high. A Conditional Use Permit will be required if the building will be more than 45 feet high. The proposed use is compatible with the Comprehensive Guide Plan and the current I-1 zoning designation for this portion of the site. The remaining 10 acres have a Major Recreation land use designation,and the proposed industrial use is not compatible with this district's permitted uses. This area would need to be rezoned through the municipal design review process. The necessary zoning amendment would initiate a simultaneous Comprehensive Guide Plan Amendment. Because the subject area encompasses only 10 acres,the Comprehensive Plan Amendment would be considered a"minor"amendment and would not require Metropolitan Council review. Westwood Professional Services, Inc. Page 19 SuperValu Distribution Center EAW April 13, 1998 CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor) I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages,or project components,other than those described in this document,which are related to the project as"connected actions"or"phased actions,"as defined,respectively,at Minn.Rules,pts.4410.0200,subp.9b and subp. 60. Signature I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Title of signer R. Michael Leek.Community Development Director Date 7tIV Westwood Professional Services, Inc. Page 20 \\�Jr ,� Lti . BM 706 ,.�_; - \ r.,isi y ; -,,,s1"% — — ,...„,....y00 _.___-- tIVW .t ",./. : , it i`" /'/' '— \ -:... ,�a GOA ls;^ ,ti"�- `\ ----"'- ,viiiptivi__—__,_–_-.1„------_______-_,...,,, -----.. -- .. _lei V ES~- \. c-__,_5 -\--._ -\.. • _______, " . Water Tan s .,- = `._ I` n S \ •• s' \ \ - ! 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I f ,HI II 41-,,,,, ,,,' ...HH. .t. .. .r, ..,, .i i, it ti,.ii,. .,..o. ,..,-/ . • • I,i• i♦ ••• i •♦ Ii• 81r i♦♦ a .- r • A.„. co CO 4 8 MNDOT Bwni lain 400 0 400 800 Feet " W Ment � W E 5 Environmental Assessment Worksheet Legend SuperValu Distribution Center BBuilld ngy Shakopee,Minnesota M Deciduous Woodland . Road Right-of-Way Pine Plantation Existing Conditions ✓Farm Road •. Meadow VVestwood I I 1 Lawn&Landscaping we ooa are�9i«,ai ,Inc. Rye Grass Feld IVV 7599 ar>agarn Rive Eden prairie,MJ 55344 �/ 612 937-5150 EXI-IIBIT 5 February 18,1998 • ' al ....Y-- iii0k.:11. 0 gal zi 111212 o _ _� � V Rice Lake (: c.) L__ V Grass Lake � �a ft Viking Steel Rd 4,4•1i�1/4 TH 101 es,.,�R.,.� \ _ — Blue Lake ��t�� � Fisher Lake ■il;; Sire �' _`_K TH 101 ea-mom Shenandoah Dr. ■ west meemik r.� illommr ) , ( uiku iu.io\i . I-- + \11111► , 4- ' �tY - TH 169 _ -- / iiR/y - Q TI-1169 — --- - , t __— Dean take . r -,......„N wceT Boor.(Inn 5000 0 5000 10000 Feet N . W E 5 Average Daily Traffic (ADT) for Shakopee Roadways Source Road Segment ADT Shakopee 4"' Ave. Viking Steel Rd.to Shenandoah Dr. 4,798 Shakopee 4"Ave. Shenandoah Dr.to CSAH 83 5,996 Scott County CSAH 16 West of CSAH 83 3,600 Scott County _ CSAH 16 East of CSAH 83 2,650 Scott County CSAH 83 TH 101 to 4'Ave. 15,900 Scott County CSAH 83 4'h Ave. to TH 169 12.300 Scott County CSAH 83 TH 169 to CSAH 16 11,800 Mn/DOT CSAH 16 West of CSAH 83 3,500 Mn/DOT CSAH 16 East of CSAH 83 2,700 Mn/DOT CSAH 83 TH 101 to CSAH 16 15,700 Mn/DOT TH 101 East of CSAH 83 19,000 Mn/DOT TH 101 West of CSAH 83 20,500 Mn/DOT TH 169 East of CSAH 83 25,000 Mn/DOT _ TH 169 West of CSAH 83 16,500 Note _........._........ See text of EAW for explanation of the timing of ADTs with respect to opening of new TH 169. Environmental Assessment Worksheet SuperValu Distribution Center Shakopee,Minnesota Average Daily Traffic on Surrounding Roadways VVestwood ". 7fit Pd lag 1 Pa n Onve l Services.Inc. [len Pe ne T4 55344 612 937-5150 �,e,1 EXHIBIT 6 F y�P4.0F MIN/ves_ ' Minnesota Department of Natural Resources � W 5 500 Lafayette Road �1? SPP St. Paul,Minnesota 55155-40_ NATU OF RECEIVED July 28, 1997 JUL 31 1997 Kathryn Fernholz WESTWOOD Associate Environmental Scientist PROFESSIONAL SERVICES Westwood Professional Services, Inc. 14180 West Highway 5 Eden Prairie, MN 55344 Re: Distribution Center, T115N, R22W, Section 4, Scott County Dear Ms. Fernholz: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the above referenced project. Based on this review, there are no known occurrences of rare species or natural features in the area searched likely to be affected by this project. The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, units within the Section of Ecological Services, Department of • Natural Resources. It is the most complete source of data on Minnesota's rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features. The information in the database is drawn from many parts of Minnesota, and is constantly being updated, but it is not based on a comprehensive survey of the state. Therefore, there are currently many significant natural features present in the state which are not represented by the database. We are in the process of addressing this via the Minnesota County Biological Survey (MCBS), a county-by-county inventory of rare natural features, which is now underway. Because survey work is in progress for Scott County, our information about natural communities judged to be significant by our program is quite good for that county. The MCBS survey work for rare and endangered animals and plants is less comprehensive; it is therefore possible that occurrences of these features exist in the project area for which we have no records. Because there has not been an on-site survey of the biological resources of the project area, it is possible that ecologically significant features exist for which we have no record. DNR Information: 612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer ++" Printed on Recycled Paper Containing a Who Values Diversity `lS Minimum of 104 Post-Consumer Waste Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota's rare resources. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed is enclosed. You are being billed for map and computer search and staff scientist review. Sincerely, 6. ALL -- Ellen B. Heneghan Endangered Species Environmental Review Coordinator Natural Heritage and Nongame Research Program 612/296-8279, FAX 612/296-1811 es #980034 14 MINNESOTA HISTORICAL SOCIETY August 8, 1997 Ms. Kathryn Fernholz Associate Environmental Scientist Westwood Professional Services, Inc. 14180 West Highway 5 Eden Prairie, MN 55344 RE: SuperValu Distribution Center Development Shakopee, Scott County SHPO Number: 97-3393 Dear Ms. Fernholz: Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. Based on available information,we conclude that the project is unlikely to affect any historic properties. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800,procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. Please contact our office at 612-296-5462 if you have any questions regarding our review of this project. Sincerely, Dennis A. Gimmestad Government Programs and Compliance Officer Is G. z1 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Distribution of Transportation Plan for Review and comment by Adjacent Jurisdictions MEETING DATE: April 21, 1998 Introduction: Recently the Council reviewed the draft transportation plan. Metropolitan Council plan amendment review procedures require that comprehensive plans or amendments thereto be distributed to adjacent jurisdictions and school districts 6 months prior to formal submittal to the Metropolitan Council for review. The Council is asked to authorize distribution of the draft transportation plan at this time. Council is not being asked to finally adopt the Transportation Plan at this time. After the review period and prior to formal submittal to the Metropolitan Council, the plan will be revised to address comments received and will be submitted to the Planning Commission and City Council for formal action. Action Requested: Offer and pass a motion to authorize distribution of the Transportation Plan for local comment. R. Michael Leek Community Development Director TRANPLAN/RML 1 15, b ,3 CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Revised Resolutions Vacating Certain Easements and a Portion of Secretariat Drive in Canterbury Park 5th Addition and Rescinding Resolutions No. 4840 and 4841 DATE: April 21, 1998 Introduction: Mr. Jon Albinson, Valley Green Business Park, has requested that the City Council approve revised resolutions for these vacations. The original resolutions contained conditions that keep them from being recordable. Mr. Albinson seeks to have them in recordable form in time for the scheduled closing on May 6, 1998. The conditions contained in the resolution have been satisfied, and so it is appropriate to remove them at this time. Alternatives: 1. Approve Resolutions No. 4900 and 4901,revised resolutions vacating certain easements and a portion of Secretariat Drive, respectively, in Canterbury Park 5th Addition, and rescinding Resolutions No. 4840 and 4841. 2. Approve Resolutions No. 4900 and 4901 with revisions. 3. Do not approve Resolutions No. 4900 and 4901. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and approve Resolutions No. 4900 and 4901,vacating certain easements and a portion of Secretariat Drive, respectively, in Canterbury Park 5th Addition and rescinding Resolutions No. 4840 and 4841. R. Michael Leek Community Development Director \\$nds\.sh_fs 1_sys3.cityha11\share\commdev\cc\1998\cc0421\vaccp5th.doc RESOLUTION NO.4900 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING SECRETARIAT DRIVE AS DEDICATED IN THE PLAT OF CANTERBURY PARK 2"ADDITION WHICH LIES WESTERLY OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1,BLOCK 1,CANTERBURY PARK FOURTH ADDITION, ACCORDING TO THE PLATS THEREOF,SCOTT COUNTY,MINNESOTA WHEREAS,right of way has been dedicated in Lot 1,Block 1, Canterbury Park 2nd Addition, and Lot 1,Block 1, Canterbury Park 4th Addition, Scott County,Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that these easements serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of January 1998;and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest; and 2) That the following right of way in Canterbury Park 2nd Addition and Canterbury Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need, and are hereby vacated; \\$nds\.sh_fs 1_sys3.cityhall\share\commdev\cc\1998\cc0421\vaccp5 th.doc Secretariat Drive as dedicated in the plat of CANTERBURY PARK 2ND ADDITION which lies westerly of the northerly extension of the east line of Lot 1,Block 1, CANTERBURY PARK FOURTH ADDITION, according to the plats thereof, Scott County,Minnesota 3) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 4) That Resolution No. 4840 previously adopted by the City Council is hereby rescinded. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 \\$nds\.sh_fs 1_sys3.cityhall\share\commdev\cc\1998\cc0421\vaccp5th.doc RESOLUTION NO.4901 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING ALL OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED OVER AND ACROSS OUTLOT A,OUTLOT C,OUTLOT D,LOTS 1 AND 2,BLOCK 1, CANTERBURY PARK 2ND ADDITION,AND ALSO LOT 1,BLOCK 1,CANTERBURY PARK FOURTH ADDITION ACCORDING TO THE PLATS THEREOF,SCOTT COUNTY,MINNESOTA WHEREAS, drainage and utility easements have been dedicated over and across Outlot A, Outlot C, Outlot D,Lots 1 AND 2,Block 1, Canterbury Park 2ND Addition, and also Lot 1,Block 1, Canterbury Park Fourth Addition according to the plats thereof, Scott County,Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that these easements serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of January 1998;and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest; and \\$nds\.sh_fsl sys3.cityha11\share\commdev\cc\1998\cc0421\vaccp5th.doc 2) That the following easements Canterbury Park 2nd Addition and Canterbury Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need, and are hereby vacated; All of the drainage and utility easements as dedicated over and across Outlot A, Outlot C, Outlot D,Lots 1 AND 2,Block 1, Canterbury Park 2ND Addition, and also Lot 1,Block 1, Canterbury Park Fourth Addition according to the plats thereof; Scott County,Minnesota. 3) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 4) That Resolution No. 4841 previously adopted by the City Council is hereby rescinded. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 \\$nds\.sh_fs 1_sys3.cityhall\share\commdev\cc\1998\cc0421\vaccp5 th.doc CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Southbridge Parkway Collector Street&Utilities Project No. 1997-4 DATE: April21, 1998 INTRODUCTION: This item is to consider awarding the bid for Project No. 1997-4, Southbridge Parkway Collector Street &Utilities Improvements. BACKGROUND: On April 3, 1998, bids were opened for the Southbridge Parkway Collector Street & Utilities Improvement Project which consists of sanitary sewer, watermain, storm sewer and street construction for Southbridge Parkway Collector Street within the East Dean Lake Planned Unit Development. This development is being developed by Valley Green Business Park, Shakopee Crossings and Minneapolis Foundation. This project was petitioned by these developers for the City to construct under a 429 Special Assessment Project. The bids were opened and tabulated and the bids are as follows and as shown on the attached resolution. BIDDER AMOUNT S.M. Hentges & Sons, Inc. $2,851,854.12 Richard Knutson, Inc. $2,877,877.93 Ryan Contracting, Inc. $2,929,304.60 Latour Construction, Inc. $2,939,168.68 Arcon Construction, Inc. $2,997,298.81 Barbarossa& Sons, Inc. $3,037,462.00 Brown& Cris, Inc. $3,189,203.95 Northwest Asphalt, Inc. $3,326,993.13 S.R. Weidema, Inc. $3,241,173.68 Northdale Construction, Inc. $3,370,398.78 C.S. McCrossan, Inc. $3,416,711.35 Park Construction Co., Inc. $3,479,431.30 After tabulating the bids, the low bidder was S.M. Hentges & Sons, Inc., with Richard Knutson, Inc. 2nd and Ryan Contracting, Inc. being 3rd. The low bid amount of $2,851,854.12 is $500,000.00 under the engineer's estimate, thus the bid received is acceptable from a cost standpoint and S.M. Hentges & Sons, Inc. has done work for the City of Shakopee in the past. In order to award a contact for this project, staff is recommending the following items be completed first: 1. Execution of temporary easements for the construction of Southbridge Parkway. 2. Execution of agreement for construction of Southbridge Parkway between the City and developers. 3. Execution of Irrevocable Letter of Credits for 75% of the developer's assessment. Item No. 1 is necessary in order to construct the improvements. The developers have provided temporary easements to the City and staff is reviewing the easement descriptions for verification of location. Item No.'s 2 and 3 are necessary in order to provide the City security in covering the estimated assessments for this project. Since no developer's agreement has been proposed as of yet, it is necessary, per the City Attorney, to have a separate agreement for Southbridge Parkway in order for the City to utilize the Letter of Credit Security, if necessary. The agreements and Letter of Credits have been delivered to the City according to the City Clerk. Attached with this memorandum for Council review are the following documents: • Agreement for the construction of Southbridge Parkway with Letter of Credit forms. • Extension Agreement with WSB &Assoc., Inc. for construction engineering services such as surveying, contract administration and inspection. • Assessment Calculation Summary from WSB & Assoc., Inc. based on the low bid received. • Bid proposal clarification letter from Bret Weiss of WSB & Assoc., Inc. to Gary Zajac of S.M. Hentges & Sons, Inc. • Letter from William Joyce of Faegre & Benson representing Richard Knutson, Inc. on the bids. • Letter from Jim Thomson, City Attorney, on the bid award. Staff did revise the assessment amounts from the feasibility report to the low bid. The revised assessments were based upon the low bid plus 5% contingency, 25% engineering/administration costs, future street connection to CSAH 21 and future temporary traffic signal at Southbridge/C.R. 18 intersection. The assessments were recalculated to each developer as follows: Developer Assessment Total 75% Letter Credit Amount Valley Green $1,018,018.00 $ 763,513.50 Shakopee Crossing $1,643,379.00 $1,232,534.25 Minneapolis Foundation $ 486,411.00 $ 364,808.25 Staff did recalculate the City's participating costs with this project and the costs for the bituminous trail and oversizing of sanitary sewer have decreased as well. On the extension agreement with WSB & Assoc., Inc., staff will provide one inspector and perform some of the contract administration. However, due to the size and complexity of this project, staff is recommending assistance in the area of inspection and contract administration as necessary and for WSB & Assoc. to perform all of this surveying work. The cost for these services is estimated to be $285,000.00 with almost all of the costs to be assessed to the developers. The letters from Bret Weiss and William Joyce are in regard to the bids and award of contract. The City Attorney's opinion is that the City can award the contract to S.M. Hentges & Sons, Inc. ALTERNATIVES: 1. Authorize the appropriate City Officials to execute the agreement for the construction of Southbridge Parkway between the developers of Southbridge First Addition and the City of Shakopee. 2. Do not authorize previously mentioned agreement. 3. Accept the low bid and adopt a resolution awarding the contract to S.M. Hentges & Sons, Inc. 4. Reject the low bid and award the bid to another bidder. 5. Reject all bids and rebid. 6. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 7. Authorize the appropriate City Officials to execute an extension agreement with WSB & Assoc., Inc. for construction engineering services on Southbridge Parkway, Project No. 1997-4. 8. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1, 3, 6 and 7. ACTION REQUESTED: 1. Authorize the appropriate City Officials to execute the agreement for the construction of Southbridge Parkway between the developers of Southbridge First Addition and the City of Shakopee. 2. Offer Resolution 4883, A Resolution Accepting bids on Southbridge Parkway Collector Street, Utilities and Appurtenant Work within the East Dean Lake Planned Unit Development, Project No. 1997-4 and move its adoption. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 4. Authorize the appropriate City Officials to execute an extension agreement with WSB & Assoc., Inc. for construction engineering services on Southbridge Parkway, Project No. 1997-4. Bruce Loney Public Works Director BL/pmp MEM4883 AGREEMENT RE: CONSTRUCTION OF SOUTHBRIDGE PARKWAY THIS AGREEMENT, made and entered into this day of , 1998, by and between the City of Shakopee, a municipal corporation organized under the laws of the State of Minnesota ("City") and Valley Green Business Park Limited Partnership, a Minnesota Limited Partnership("Valley Green Business Park"). RECITALS 1. Valley Green Business Park is a co-developer along with Shakopee Crossings Limited Partnership and The Minneapolis Foundation of a development known as the Southbridge Development ("Development"); 2. The legal description of the property ("Property") owned by Valley Green Business Park within the Development is attached as Exhibit A; 3. Valley Green Business Park has submitted a petition to the City requesting the construction of a new collector street known as Southbridge Parkway that will be located within the Development; 4. The City is willing to undertake the construction of Southbridge Parkway as a public improvement project pursuant to Minnesota Statutes, Chapter 429 under the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: I. Definitions. As used in this Agreement the term "Project" means the construction of a new collector street within the Development from new County Road 18 to future County Road 21, including all the following items as shown on the approved plans on file with the City Engineer for the Project: (1) a collector roadway including subgrade preparation, permanent surfacing, right-of-way grading or berm construction, traffic signing, and sidewalks; (2) trunk sanitary sewer and trunk sanitary sewer extension; (3) storm sewer; (4) trunk watermain and trunk watermain extension; and(5) street lights. II. Ownership Warranty. Valley Green Business Park warrants that it is the fee owner of the Property. III. Petition. Valley Green Business Park has petitioned the City for the installation of the Project and has agreed that the cost of the Project be assessed against the Property. IV. The Public Improvements. The Project will be instituted, constructed and financed pursuant to M.S.A. 429 Improvement Projects as follows: (A) Construction Plan and Approval Thereof. The city has engaged a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare 1 H:\WORDDO(.1VGBPW GMT detailed plans, specifications, and a cost estimate for complete installation of all the Public Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to the Shakopee Public Utilities Manager,when required. (B) Initiation. Prior to execution of this Agreement,Valley Green Business Park has submitted to the City Council a Petition as provided for by M.S.A. 429.031 subdivision 3, requesting that the Public Improvements be made and assessed against the property pursuant to the provisions of paragraphs IV(E)(1)through IV (E) (4) of this Agreement. (C) Construction. The Project shall be administered and constructed, in all respects, as other City improvements made pursuant to the provisions of M.S.A. Chapter 429 and other applicable statutes. That is: 1) The City shall have sole responsibility for administration of the Project, 2) The City will not be responsible for meeting any completion dates scheduled by Valley Green Business Park and shall not be responsible for any damages as a result of delays in the Project, 3) The Project shall allow for any increase in project cost as permitted by M.S.A. 429 (i.e. 125% of estimated costs), 4) Valley Green Business Park and its engineers acknowledge that any changes or any additional work required shall be approved by the City. (D) M.S.A. 429 Special Assessment Procedures. If the City Council orders installation of the Project with the cost to be assessed against the benefited properties,Valley Green Business Park agrees to pay such assessments on the following terms and conditions: (1) Waiver of Objections To and Right of Appeal from Assessment Valley Green Business Park agrees to, and hereby does, waive and release (a) any and all objections of every kind to any assessment levied by the City pursuant to this Agreement, including, without limitation, objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefore, objections resulting from failure to fully comply with any applicable statute, and objections to the amount of any assessment thereafter levied against the Property or any other benefited property of Valley Green Business Park due to the Improvements stated herein, and (b) the fight to appeal, pursuant to applicable Minnesota Statutes, from any assessment levied pursuant to this Agreement. It is understood by the Valley Green Business Park that the City is doing-this Project at the Valley Green Business Park' request and for its convenience, and the City would not be constructing the Project without this waiver. (2) Construction After approval of final plans and specifications by the City Engineer, bids will be taken by the City and contracts awarded for the installation of the Project under the City's complete supervision. H:\WORDDOCWGBPAGMT 2 (3) Levy of Special Assessments and Required Prepayments The cost of the installation of the Project, including any reasonable engineering, legal and administrative costs incurred by he City, shall be paid by Valley Green Business Park to the City as special assessments levied against the Property. Reference herein to special assessments shall be deemed to include, and shall include, all interest due thereon on accordance with M.S.A. 429. (4) Acceleration Upon Default In the event Valley Green Business Park fails to pay any installment of any special assessment levied pursuant thereto, or any interest thereon, when the same is to be paid pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, by written notice given to Valley Green Business Park, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in full, with interest. The City at its option, may demand immediate payment thereof and immediately commence legal action against Valley Green Business Park to collect the entire unpaid balance of the special assessments then estimated or levied pursuant thereto, with interest, including reasonable attorneys fees, and Valley Green Business Park shall be personally liable for such special assessments, and, if more than one, such liability shall be joint and several. (E) Payment Method. Valley Green Business Park shall submit to the City a certified letter of credit approved by the City Attorney made payable to the City of Shakopee upon which the City may draw, in the amount of$763,513.00. If Valley Green Business Park fails to pay any assessments, interest or penalty as the same come due, the City may draw on the letter of credit for any such amounts not paid. The letter of credit shall be renewed annually. If not renewed, the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be terminated upon payment of all assessments due on developer owned lots and may be reduced to equal the actual amount of assessments due when 75%or more of the assessment has been paid. (F) Easements. Valley Green Business Park shall make available to the City, at no cost to the City, all permanent or temporary easements through its Property necessary for the installation of the Project. V. General. (A) Violation of Provisions of Agreement. In the event Valley Green Business Park violates any of the covenants and agreements herein contained and to be performed by the developer, the City has the option to commence an action for specific performance requiring Valley Green Business Park to comply with the covenants and agreements and Valley Green Business Park agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable attorney's fees in connection with said action. KAWORDDOCNVGaPNAGMT 3 (B) Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. (C) Notices. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses for the parties hereto are as follows: If to the City: City Administrator City Hall 129 Holmes Street South Shakopee,MN 55379 If to Valley Green Business Park: Allianz of America, Inc. 55 Greens Farms Road P.O. Box 5160 Westport, CT 06881-5160 Attn: Real Estate Department With copy to: Jon R. Albinson Valley Green Business Park 5240 Valley Industrial Boulevard South Shakopee,MN 55379 (D) Incorporation by Reference. All City of Shakopee Design criteria, Standard Specifications, including bonding provisions, the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made part of this Agreement by reference as fully as if set out herein full. (E) Restoration and Landscape Work. Valley Green Business Park and the City acknowledge that the street lighting, landscaping and restoration work relating to the Project are not part of this Agreement and that the letter of credit required by this Agreement does not cover such work. The parties will enter into a subsequent agreement, secured by a separate letter of credit,relating to such work. H:\WORDDOC VGBP\AGMT 4 IN WITNESS WHEREOF, the City and Valley Green Business Park have caused this Agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE By: Its Mayor • By: Its City Administrator By: Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1998 by Jon Brekke,Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee,Minnesota, on behalf of said City. Notary Public • �\WORDDOC\VGBPAGMT 5 VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP,a Minnesota Limited Partnership By: Valley Green Business Park,Inc. its general Partner IL zu Wendell R. if v STATE OF CONNECTICUT) ) SS. COUNTY OF FAIRFIELD ) The foregoing instrument was acknowledge before me this ( day of , , 1998,by Wendell R. Kurtz,the Vice President of Valley Green Business Park Inc.,a Minnes corporation,as general partner of Valley Green Business Park Limited Partnership,a Minnesota Limited Partnership,on behalf of the corporation and partnership. TRACEY G STROH Not Public Notary Putv'c �Ceram Jan Sl.2002 an H:\WORDDOC\VGBP\AGMT EXHIBIT A Property That part of Government Lot 3 lying easterly of the west 601.13 feet thereof, Government Lot 4 and the Northeast Quarter of the Southeast Quarter of Section 10,Township 115,Range 22, Scott County, Minnesota, including the accretions and relictions thereto, including that part thereof lying South of the South line of Section 10, and northerly of the shore of Dean's Lake, except that portion contained in Parcel 74,Minnesota Department of Transportation Right-of-Way Plat No. 70-13. and Government Lot 1, Section 15, Township 115,Range 22, Scott County,Minnesota and That part of the Southwest Quarter(SW ' ) of Section 11, Township 115,Range 22, and that part of Government Lot 1, Section 14,Township 115, Range 22, Scott County, Minnesota, lying northeasterly, northwesterly,northerly and westerly of the following described line; Commencing at a point on the East line of the Southwest Quarter(SW 's of said Section 11, 1055.00 feet north of the Southeast corner of said Southwest Quarter(SW 's; thence North 85 degrees 28 minutes 31 seconds West a distance of 1000.00 feet;thence deflecting 56 degrees 12 minutes 05 seconds to the left and running southwesterly a distance of 1040.00 feet;thence Westerly parallel with the south line of said Southwest Quarter(SW %4) of said Section 11, a distance of 524.68 feet; thence southerly parallel with the east line of said Government Lot 1, Section 14 and its northerly extension to the northerly shoreline of Dean's Lake and there te''" "pion: Except that part of the North Half of the Southwest Quarter of Sectionl 1,Township 115, Range 22 as shown as Parcel 74 on Minnesota Department of Transportation Right-of-Way Plat No. 70.14 on file and of record in the Office of the Registrar of Titles in and for Scott County,Minnesota. H:\WORDDOCIVGBP\AGMT 7 - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. Jlf$WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 April 6, 1998 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying, Observation&Administration Services Southbridge Parkway City Project No. 1997-4 WSB Project No. 1084.01 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2(Major Projects), this extension agreement is written to provide for construction surveying, observation and administration services for the above-referenced project. The surveying needs for this project will include computations to complete a radial stake-out, establishment of horizontal and vertical control,grade staking,utility storm sewer and street staking,and development of cut sheets and computations by the crew chief. The construction observation needs will involve one observer provided to the project to work in conjunction with the allocated City Inspector. The construction administration phase will involve completing all contract-related work including attendance at weekly meetings, approval of all pay vouchers and change orders, and day-to-day dealings with field personnel. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware,construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently,the engineering costs for the construction phase will be determined according to the actual hours necessary to complete the project,however,we have estimated a fee of approximately$285,000. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. Sincerely, WSB&Associ tes,Inc. Bret A. Weiss, P.E. Vice President City Administrator City Clerk Mayor Date Infrastructure Engineers Planners F:I WPWJM 1084.011040698-BL.wpd EQUAL OPPORTUNITY EMPLOYER - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. Wr9B 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 April 6, 1998 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying,Observation&Administration Services Southbridge Parkway City Project No. 1997-4 WSB Project No. 1084.01 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2(Major Projects), this extension agreement is written to provide for construction surveying, observation and administration services for the above-referenced project. The surveying needs for this project will include computations to complete a radial stake-out, establishment of horizontal and vertical control,grade staking,utility storm sewer and street staking,and development of cut sheets and computations by the crew chief. The construction observation needs will involve one observer provided to the project to work in conjunction with the allocated City Inspector. The construction administration phase will involve completing all contract-related work including attendance at weekly meetings, approval of all pay vouchers and change orders, and day-to-day dealings with field personnel. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware,construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently,the engineering costs for the construction phase will be determined according to the actual hours necessary to complete the project,however,we have estimated a fee of approximately$285,000. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, W t &Associ tes,Inc. Bret A. Weiss, P.E. Vice President City Administrator City Clerk Mayor Date Infrastructure Engineers Planners F:I WPWIM 1084.011040698-BL.wpd EQUAL OPPORTUNITY EMPLOYER a o m2 m 0 0 N N 3 2m-I tl — C T -n o O 1cvc (p N 72 0 D cA 1+ r- Z 4 -I D a ,':ns- m m a mr oJ`zNiOdA 0 m m m •D lrifOD 3 ikv .y- �� • ", nm p•< R" < m n ,_ <0 tr co 0 n-I 0 M C M c i v C -< 1 K m I,A� ;;: 1. O3 + m D m O z S Z. m Am <m 15°9;5 3 0 c, D 0z z z z m f'^ 3 0 y m O N D -i r O Z OA m m 0 arc Q o m o 1 - O A DO 1 T != F 1 a I Zs. v tl r� 3 a c < .A 69 - g cn� LT r2 o. -1 m , m w w m r �.�,_..�> Z 3 ka"r QpV OD A O r,� a m $ 0 o 8 o 8 D m f:,i y.:z D d � Z m F O 10 pA 1118 0. p m O 0. 0 C o N, O yN }r r, m + 4 . m m %- �. D coA III ZZ Nm. El z� i rE a fA . o .mom .m Ell !.!:-:f0) -:f - 0) ' v N 0 N m y Z V _,, m Lt,. N rn m g m O 0 0 0 D = o ti�m m 1f�''`. m A .:.� Z A '43 D.y.• DP C C:.:.w ,0DN o o Z n zz V K : ,W _ o m z 0 mr" o <� t0 t p i . : n or. Zr co C pFE o CoO n m 0o m : •s. y • 0 , �w= cz • n .b{T¢4jNA M Mo ' m A t O to .y3.r-i- 0 0 o m 0 ;.-.,ilk_<y o _ 0 0 m m . - .ra. 1J_c m mOT O :5,i 1 • ) , 'T4 CD i0 yIt 1 11 I ,1: t a r �-' eo "OA w Ea VP mCO i m • m O : .j „. m m Ca iCO Q0 _ ¢ ; m o 0 0 0 0 o -1-9 Or'�ti'ca 0 0 Apr'-06-98 10: 55A P.03 134+-tro-177o V 7•JOr7• r\v- • RA.Maiadmcadr 350 Westwood Laid:Office RA. A.V�PS. H5'B 8441 Wayzata Boulevard EderR V1l i r.aMil Wayzl'as,MN 55428 Qomiaw.Usu.rlr —- 612-541-4800 61Atiocietts,Inc_ FAX S41-1700 April 3, 1998 Mr.Gary Zajac Project Manager S.M.fientge s&Sons,Inc. 650 Quaker Avenue PO Box 69 ]ordatt MN 55352 Re: Bid Proposal Cori Bcatiot1 Street Construction,Utilities&Appurxnant Work Southbridge Parkway City of Shakopee Project No. 1997-4 WSB Project No. 1054.00 Dear Mr.Zajac: Bids were aseeived today for the shove-referenced project,with your firm posting the gent lour bid. In reviewing your bid,we noted three items that appear to be potentially inaccurate. Those three iters are as follows: Item 36-Temporary Retaining Wall,has a listed unit price of$0.01 as the lump sum hid price. The majority of the bidden bad$30.000 to$60,000 for this ism. The City fully intends to utilize this item during the construction of the above-referenced project. hem. 45 - Rock Excavation, has a listed tent price of $0.01 per cubic yard hid price. "The specification states that rock excavation may ormay not be nexcasaiy on this project. The contractor shall provides bid price that allows the City to use as much or as little rock excavation au necessary to complete the project. Item 46 -Granular Foundation Materiel, has a listed unit price of$0.01 per ton bid price. The specification states that the contractor shall provide a bid price that allows the City to use as much as necessary to complete the utility installation. You and I spoke this rooming on these throe bid haps regarding the City's concern with the bid prices proposed l y your company. I discussed that the City fully intends to utilize these bid items within the context of the contract- You noted that you understood and were confident with your bid prices. Please sign this letter below to confirm your agreement with the bid. items and your understanding that City intends to utilize these items within the contract. We must receive your rwrwurtatpqmo.00rr yc.q.i lnfiast7.ac[Lrr Exgineers PJarmers IQvAI nrenirTIINITY FM1WI.oY5A Hpr-vuo',- is 1 + U: =cf $04-tib-1770 {J7•J2rII1 I /\M. IV.....w r-V4} Apr.-03-96 O1:64P P.O3 Mr. Guy Zajac Project Manager S.M.lleatges&Sons,Inc. _- Jordan MN April 3. 1998 Page 2 signature on this letter prior to the April 74 bid award or we will not move forward with the award of this project. Please give me a call at 541-4800 if you harp any questions or comments regarding this letter. Thank you for your aovsideration. Sincerely. N'SD &Associates.Inc Bra A.Wim,P.E. Vice President c: Brae*Loney,City of Shakopee Ma*McNeill,City of Shakopee NM Gaiy Zaj c S.M.flanges& Sons,Inc.. Date • PAY/7rrw4%;011 ac+nwl+cyv.•oa TOTAL. P.03 FROM FAEGRE & BENSON (MON) 4. 6' 98 15: 18/8 I'. 15: 17/NO. 4261654528 P 2 FAEORE & BENSON up 2200 NoRWEST CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA S$402-3901 TELEPHONE 612-336-3000 FACSXMII.E 612-336-3026 WILLIAM R.JOYCE 612/336.3306 April 6, 1998 SENT VIA FAX AND U.S.MAIL Mr.Bruce Loney Public Works Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Re: Southbridge Parkway, City Project No. 1997-4 Dear Mr. Loney: Representatives of Richard Knutson,Inc. ("RKI")have contacted me regarding an irregular bidding process in connection with the Southbridge Parkway project, City Project No. 1997-4. From what I have been told and been able to review it appears that the City is about to award work to S.M. Hentges ("Hentges") even though a review of the bid at opening reveals it is irresponsible and non-responsive to the bid documents issued to all competitive bidders. As RKI is the lowest,responsive bidder,we request that the competitive bidding laws of Minnesota be followed and RKI be awarded this project. The invitation to bids expressly states that the City Council will not blindly award contracts to those read low when the bids are opened. Instead the invitation states that the Council will"determine whether a bid is responsive or non-responsive." The City Council also reserves the right to"make a bid award to the lowest and most responsible bidder as determined by the City Council." Hentges' bid is both non-responsive and irresponsible. First,we have been informed that Hentges has already discussed with the project architect and city engineering department that its pricing for a retaining wall is based on an alternative design not contemplated by the bidding documents. The project' special provisions included a descriptive design that requires piles and sheeting (including toe-depth),tiebacks,waters, wood lagging(if applicable) and all connections. Section 36 of the special provisions also contains additional design details that the city requested the bidders consider and price in their lump sum bid. Hentges has informed the city engineering staff that it wants to build the project by alternative means,which may include the use of trench boxes. Minneapolis Denver Des Moines London Frankfurt Altnaty (MON) 4. b 96 15: 18/S1. 15: 17/N0. 42616545'18 r FROM FAEGRE & BENSON Mr. Bruce Loney April 6, 1998 Page 2 By accepting Hentges' pricing for an alternative design,the city is allowing one bidder to bid based on a different scope than all other eCCity of Minneapolis, 451 rs. Under Minnesota public N.W.2d 204 laws,this is unlawful. Carl Bolander& Sons Co v (Minn. 1990); see Coller v. City of St. Paul, 26 N.W.2d 835 (Minn. 1947); Sutton v. City of St.Paul,48 N.W.2d 436(Minn. 1951).design bidding contractor prices solic thatithe bidding documents be specific and describe a dgn that competitive bids can be compared on an"apples to apples" basis. Allowing one contractor to act as a design-builder for a portion of the project and price the alternative design, creates a bidding process where not all contractor's are able to bid on the identical scope of work. Hentges gains the advantage of developing an alternative, less costly design and pricing a design none of the other bidders know anything about. The law requires that public contracts be awarded to the lowest, responsive bidder. Any bids read low that are later deemed non-responsive should be rejected by Shakopee, and the award of the contract should be made to the next lowest bidder who is responsive to the bid documents. In this case, the next lowest bidder who was responsive in every material way to the bid documents is RKI. Hentges' bid should also be rejected because it is either a non-responsive unbalanced bid or an irresponsible bid. See McKnight Constr. Co..Inc.v. Department of Defense, 85 F.3d 565, 567 (11th Cir. 1996). Even if the city refuses to allow Hentges the right to modify the design for the retaining wall,the fact is that the design contemplated price tlump scfohe bid r this ents cannot be built for one cent. Yet that is what Hentges has bid for work activity. In order to develop the penny price for the retaining wall, Hentges did one of two things. 1) Hentges unbalanced its bid, giving the city an unbelievably low price on the retaining wall while also pricing other work at higher prices expecting the units estimated by the engineer for those other work activities to be lower than the actual units of work performed; or 2)Hentges submitted an irresponsibly priced bid. The public bidding laws also prohibit awards to contractors who unbalance their bids and fail to price the work in accordance with the instructions in the bidding documents. Bidders are instructed to review the plans and specifications and provide unit prices that will be assumed to fairly compensate them for the work on the project. Any incidental work necessary to perform the unit price work is to be considered and included in the pricing of unit price work. Hentges obviously ignored these bidding requirements and bid the work without any analysis of the actual costs it would incur in performing the work. If Hentges' bid is not unbalanced, then Hentges has bid the work in an irresponsible manner, since no contractor can reasonably perform the retaining wall work specified for one penny. As you know the successful bidder must also be a responsible bidder the city can \♦♦V.r/ T. V 1V ♦I 1J/ V♦ £J 1 ./.r V. ZLV I VJ•SJLU • Mr.Bruce Loney April 6, 1998 Page 3 count on to perform the contract work under the terms of the contract documents. See Foley Bros.,Inc.v. Marshall, 123 N.W.2d 387 (Minn. 1963). No one can conclude that the retaining wall work can be responsibly performed for one penny. Therefore,Hentges has not submitted a responsible or a responsive bid and its bid should be rejected. Again, since RKI's bid is both responsive and contains responsible pricing for building the retaining wall,RKI should be awarded the project. Please have city attorney Mr. Thompson review this letter immediately. We are confident that if Hentges' bid is analyzed under Minnesota law, the bid will be found to be irresponsible and unresponsive. We await word from you that the work has been properly awarded to RKI and any further action with regard to bid protests can be avoided. Very truly yours, Wil 'am R. Joyce WRJ:pje cc: Sheri Jo Boyum M2:20163369.01 470 Pillsbury Center Kennedy 200 South sixth Street Minneapolis MN 55402 "--»•-- '"" (612)337-9300 telephone Graven (612)337-9310 fax c-mail:attysekcnnedy-grave*'co'' C u g w t E r+ E D JAMES 3.THOMSON Attnmey st Law Direct Dial(612)3374209 email jthem•ott@kennedy-graven.eom April 16, 1998 Mr. Bruce Loney Public Works Director City of Shakopee 129 Holmes Street South Shakopee MN 55379-1351 RE: Southbridge Parkway Construction Contract Award Dear Bruce: I have reviewed the background materialspertaining to Southbridge Parkway Construction Contract. including the letters from the attorneys for S.M. Hentges 8c, Sons HRKtes") and C0Hentges submitted the low bid project. he Richard Knutson, Inc.T ("RKI"). g e second low bidder. and is claiming that the City cannot a rdthco d act toshoulHentges be accepted the bid is non-responsive. In particular. RKI claimsthat Hentges' because the bid in unbalanced and gives Hentges an unfair advantage over the other bidders. I have reviewed the law and the background facts and it is my opinion that the City may accept Hentges' bid and award the contract to them. The issue of an unbalanced bid only comes into play when a bidder submits a nominal bid on one item and submits an excessive bid on other items. Riverea is s Coristta distinction_______ istinc onvbetwebardo Contracting Cp„ 380 A.2d 1161 (N.J. Super. 1977). Th an "unbalanced" bid and a "penny" bid. A "penny" bid only becomes an "unbalanced" bid if the bid as a whole contains abnormally high prices for other items in order to recoup the losses from the abnormally low price. De artment of Labor v. Boston Water a dSewermeCobidding9 N.E.2d 64(Mass. App. 19x4). Nothing in the bid documents in thisprohibits penny contracts. and there is nothing that T am aware of that prohibits penny bidding on public sector in this case. Hentges bid a penny for item 36 (temporary a 1 tteiingr wall). 3, 45 (rock excavation), and item 46 (granular foundation material). By fully intended April utilize these 8 the City's Consulting Engineer confirmed with Hentges that the City y items in the contract. In particular, the Consulting Engineer confirmed that the r_the ning is ry a required item and that Hentges understood that it will berequired 950—d EO/ZO'd 61Z-1 OlE6lE6Z19 N3API5 V 403NN3M—woli 111E01:01 86-91-10 Mr. Bruce Loney April 16. 1998 Page 2 retaining wall as part of the project. You have indicated that both you and the City's Consulting Engineer have reviewed the bid submitted by Hentges and can find no evidence that other line items in the bid were artificially inflated. Consequently, there is no evidence on which to base a conclusion that Hentges' bid is unbalanced. I have reviewed the contentions set forth in the April 6. 1998 letter from William Joyce. the attorney for RKI. The first contention raised in that letter is that Hentges was essentially bidding an alternative design, because Hentges did not intend to construct the temporary retaining wall. Because Hentges has confirmed that it will be required to build the temporary retaining wall. this contention by RKI is no longer an issue. The second argument in Mr. Joyce's letter is that the bid is unbalanced and therefore must be rejected. To support that contention, Mr. Joyce relies on the court decision in McKnight Constr. Co, Inc. v. Department of Defense. 85 F.3d 565 (11th Cir. 1996). I have reviewed that case and have concluded that it is not applicable to this situation. In that case, the facts indicated that the bid was unbalanced because the bidder had front-loaded the bid with disproportionately high payments. That is not the situation here. In addition, f ense to the eccourt t unbalance That regulation is on a federal regulation that allowed the Department of De J not applicable in this case. Please let me know if you have any other questions. I will be available at the City Council meeting to answer any other questions. Sincerely. ames J. Thomson JJT/cm cc: William Joyce Robert Huber Jon Albinson 990—d EO/EO d 6R-1 01E6LEEZl9 N3AYa9 7 A03NN3)I—woad we01:01 86-9l—AY RESOLUTION NO. 4883 A Resolution Accepting Bids On Southbridge Parkway Collector Street, Utilities And Appurtenant Work Within The East Dean Lake Planned Unit Development Project No. 1997-4 WHEREAS, pursuant to an advertisement for bids for the Southbridge Parkway collector street,utilities and appurtenant work within the Dean ted according of Planned ar�',llandt ethe°fom°wmg b ds ent,Project No. 1997-4, bids were received, opened and tabula were received complying with the advertisement: S.M. Hentges & Sons, Inc. $2,851,854.12 Richard Knutson, Inc. $2,877,877.93 Ryan Contracting,Inc. $2,929,304.60 Latour Construction, Inc. $2,939,168.68 Arcon Construction, Inc. $2,997,298.81 Barbarossa& Sons, Inc. $3,037,462.00 Brown & Cris, Inc. $3,189,203.95 Northwest Asphalt, Inc. $3,326,993.13 S.R. Weidema, Inc. $3,241,173.68 Northdale Construction, Inc. $3,370,398.78 C.S. McCrossan, Inc. $3,416,711.35 Park Construction Co., Inc. $3,479,431.30 WHEREAS, it appears that S.M. Hentges & Sons,Inc., P.O. Box 69, Jordan, MN 55352 is the lowest responsible bidder. WHEREAS, the City has received a bid protest from Richard Knutson, Inc. contending that the bid by S.M.Hentges & Sons,Inc. is non-responsive; and WHEREAS, the City Council has reviewed the bid protest and concluded that the bid by S.M.Hentges &Sons,Inc. is responsive; and AND WHEREAS,the public interest is best served by awarding the contract to the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for Southbridge Parkway collector street, utilities and appurtenant work within the East Dean Lake Planned Unit Development 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Ordering Feasibility Report- 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street DATE: April 21, 1998 INTRODUCTION: Attached is Resolution No. 4892, which orders the feasibility report to be prepared for 17th Avenue improvements, from Sarazin Straenedt to 1/2 storm least sewer from Sarazin 1 th Avenued for to the extension of sanitary sewer, watermain the Mn/DOT Linear Pond. BACKGROUND: The City Council is considering a preliminary plat named Bernhagen Addition located north of the approved French Trace plat. Also, the School District has purchased property east of French Trace for a future elementary oder to ol. The provideschool accessis posthese ed to be completed and opened for use in August, developments, 17th Avenue must be constructed east of Sarazin Street. The feasibility report will provide cost estimates on various alternatives to serve the area with sanitary sewer, watermain and sto1/2 mile east of Sarazinsewer systems, swell St Street.asconstructing this report collector street from Sarazin Street to will include concrete sidewalk, bituminous trail and turn lane improvements on 17th Avenue as necessary to service this area. In order to serve development in this area including the proposed elementary school, a trunk storm sewer is needed from 17th Avenue to the Mn/DOT Linear Pond south of Trunk Highway 169. Also, a sanitary sewer line needs to be extended from the Trunk Sewer SS-H in order to serve the proposed Bernhagen Addition and watermain needs to be extended, as per Shakopee Public Utilities Commission's policy. If Council authorizes a feasibility report to be prepared, staff is recommending that WSB & Associates, Inc. be authorized in preparing Also e estaff would request ort, due to the uthorization to stormwater issues associated with this project. have soil investigation work done to assist in the feasibility report and preliminary design. The cost to prepare the report by WSB & Associates, Inc. is estimated not-to- exceed $5,500.00 and soil investigation work is estimated to be at $2,000.00. The soil investigation work may not be necessary if existing soil boring data is sufficient to adequately estimate the subgrade work and pavement design section. Staff is recommending authorization to obtain soil investigation, in case it is necessary to obtain the data to properly estimate the costs. Staff has sent petitions to the adjacent property owners along 17th Avenue in order to request the City for a feasibility report and to show their support for this project. The petitioners are expected to be delivered before the Council meeting. Staff is recommending that the City Council initiate the feasibility report on its own and not rely on petitions. On Council initiated projects, the project needs an extraordinary Council majority in order to proceed while a petition initiated project requires only a single majority. Once the feasibility report is completed, staff will request the affected property owners to sign a petition and waiver of assessment hearing. The developer of Bernhagen Addition will be required to sign a petition and waiver of assessment hearing as part of final plat conditions and the developers of French Trace have already executed a petition and waiver of assessment hearing. The School District has indicated a willingness to move forward with this project so as to have a public street available for access to their elementary school site. In order to complete this project in 1998, a feasibility report must be initiated at this time. Staff is recommending adoption of Resolution No. 4892. ALTERNATIVES: 1. Adopt Resolution No. 4892. 2. Deny Resolution No. 4892. 3. Table Resolution No. 4892 for a specific reason. 4. Move to authorize the appropriate City officials to execute a consultant contract with WSB & Associates, Inc. for engineering services in preparing the feasibility report on 17th Avenue in an amount not-to-exceed$5,500.00. 5. Do not authorize the engineering services for WSB & Associates, Inc. on the proposed project. 6. Move to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project, from Sarazin Street to 1/2 mile east of Sarazin Street.. 7. Do not authorize to solicit quotes for soil investigation work. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4 and 6 so that the proposed feasibility report for 17th Avenue Improvement Project, from Sarazin Street to 1/2 mile east of Sarazin Street can be initiated. ACTION REQUESTED: 1. Offer Resolution No. 4892, A Resolution Ordering the Preparation of a Report on an Improvement to 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer from Trunk Sewer SS-H westerly; for the extension of watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer from 17th Avenue to Mn/DOT Linear Pond. 2. Move to authorize the appropriate City officials to execute a consultant contract with WSB &Associates, Inc. for engineering services for the proposed 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street in an amount not-to-exceed $5,500.00. 3. Move to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project. ruce Loney Public Works Director BL/pmp MEM4892 Apr- 16-98 12 : 54P P_02 350 Westwood Lake Office B.A.A.Mitcck cads,P.F.BraA.Wcicc,P.t?. Prier R.Willenbring,t'.lr Donald W.Sterna,P . .E, 8441 Wayzata Boulevard W5719Minneapolis, MN 55426 Rnriald B.Bray,PI. AIMINOMMINIK 612-541-4800 'Associates,Inc. FAX 541-1700 April 16, 1998 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Proposal for Engineering Services 17th Avenue Sarizan Street to 1/:Mile East Sanitary Sewer Extension from Trunk Sewer SS-4 Westerly; Watermain Extension from French Trace 15' Addition; and,Trunk Storm Sewer to Mn/DOT Linear Pond WS13 Proposal No. 042.98 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section 1-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work as detailed herein, on a lump sum basis. As we discussed, this project will involve the development of a Feasibility Report for approval by City Council. For your information, we have separated and developed a Scope of Work for individual tasks within the project scope. 17th Avenue Construction This portion of the Feasibility Report will he to determine the scope and cost of the extension of 17th Avenue from Sarizan Street to '/z mile east of Sarizan Street including street construction, concrete sidewalks, bituminous trail, street lights and storm sewer improvements. Sanitary Sewer Extension This portion of the Feasibility Report will be the development of sanitary sewer, from trunk sewer SS-H, westerly to approximately Sarizan Street. Watermain Extension The watermain extension, included as part of this Feasibility Report, will be the extension from French Trace 1" Addition to 17 Avenue and Sarizan Street. Trunk Storm Sewer Trunk storm sewer included as part of the Fea-nbilR studied�ntwill be from more detail aslpartA f a separate Mn/DOT x ens on linear ponds. This portion of the project is being agreement. The results of that study will be incorporated into this Feasibility Report. Infrastructure Engineers Planners ,, w,•wi ntorow.w:,,(161trn,�. LQVAL UI'l(:)r L NI'rY rMPI.OVr.ft Apr-16-98 12 : 55P P . 03 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee June 21, 1996 Page 2 The above four items will be included in the development of the assessmentttty rollR.ei�is also assumed that nort. It is assumed that c City will provide property descriptions for the preliminary additional survey will he required for the development of the Feasibility Report. Payment for services would be based on a lump A�idercd complete after the acm basis and is estimated at ne of the Feasibility is proposed that all work under the lump sum contract would be Report by City Council. The City of Shakopee agrees to reimburse WSB & Associates; sslf this Inc.Bement meet5ervices in accordance with with your approval please Section IV of the Agreement for Professional Ser agreement sign below and return one copy to our office. Sincerely, WSB & Associates, Inc. Bret A. Weiss, P.E. City Administrator Vice President City Clerk Mayor Date ('WPW(MFN)iJMl.012YH U116 9116 E I IA >-- > X = <C z CX h Z w Q raw H z W"' w �ac.o E- J Q � � w z Z Q O X Li La D CL o W W VIw D I Lod 0- W Ce CL H \'� • w �`- j I I (f) PZ6, 11) ''"0 t - ,-7 <a ce . INERFamwt.a. o (,), w tx ,__ ----v,. ----t*y z 0 1- ® a o �' W g11 Ms -.,— ZZ W ® n' ocr W —I • • L_J . 0 boa -- --. -.--=- � It.m" — --, I__ ce _j X F- — g \ 0_0 Caw — >- - w � M W < — � eo — WzN x.--- z Lis lIsLIZVelVS 0 Imo' c w - U oOW w Z c QCXo h � CL - - CQ N 0 .--I \ 1 .aa -I* leivtAl z 41 RESOLUTION NO. 4892 A Resolution Ordering The Preparation Of A Report On An Improvement To_ 17th Avenue, From Sarazin Street To 1/2 Mile East of Sarazin Street And For The Extension Of Sanitary Sewer From Trunk Sewer Trace Westerly; ste Addition For The Extension Of Watermain From French To 17th Avenue And Sarazin Street; And For A Trunk Storm Sewer From 17th Avenue To Mn/DOT Linear Pond WHEREAS, it is proposed to improve 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street by sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes; and for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of watermain from fromFrench 17th Avenue1st t Mn/DOT linear Avenue and Sarazin Street; and for a trunk storm sewer pond and any other appurtenant work and to assess the benefited 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 Bruce Loney, Public Works Director, 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 shouldbestbe made as pas re sed or in dconnection with u some other improvement, and the estimated cost ep Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk stimopEE Shakopee School Board Super /S, C, 02 Kathy Busch, Chair Director Anne Tuttle, Vice Chair Di PUBLIC SCHOOLS Jessica Geis,Clerk Todd Anderson, Treasurer Director District Office Lori Gillick, Director Mary Romansky, Director Director of Special Services: Steve Schneider, Director Lee-Ann Sanborn April 15, 1998 Mr. Bruce Loney Public Works Director City of Shakopee 129 South Holmes St. Shakopee, MN 55379 Dear Bruce, The Shakopee Public Schools fully supports the proposed construction of: Sanitary sewer, water main, storm sewer, street, concrete sidewalk, bituminous trail, street lighting and turn lanes on 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street;for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of water main from French Trace 1st addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer from 17th Avenue to MnDOT linear ponds. As you are aware, the district intends to commence construction of a new elementary school in early July of 1998. The site for this new facility is on the former Kerkow property, east of French Trace and south of the proposed 17th Avenue. Our construction schedule calls for this facility to be substantially complete by July 30, 1999. This will allow the school to be occupied for the opening of 1999-2000 school year. The proposed construction, as listed on the petition, is extremely critical to the completion of the new elementary school. Any delay in completion of the city's project, will cause significant problems for the district, as well. Previously,the district's architects met with your staff to define our utility and site access needs both during and after construction. We look forward to a continued close working relationship with the City of Shakopee on matters of common interest and for the benefit of our community. Sincerely,?-freX7 � " Ronald E. Ward Director of Administrative Services xc: Bob Ostlund,Superintendent Scott McQueen,Wold Roger Schroepfer,Wold file 505 South Holmes • Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (612)496-5000 • fax: (612)445-8446 AN EQUAL OPPORTUNITY EMPLOYER CITY OF SIAKOPEE PETITION FOR PUBLIC IMPROVEMENTS Date April 15, 1998 We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefited thereby, hereby petition the City Council of the City of Shakopee,for the following public improvements: Sanitary sewer,watermain,storm sewer,street,concrete sidewalk,bituminous trail,street lighting and turn lanes on 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street; for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer from 17th Avenue to Mn/DOT linear ponds. In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LEGAL DESCRIPTION Shakopee Public Schools South half of the Northeast Quarter of` the ''orthwest Quarter: together with the South 50 feet of Lhe ! uL Ali half of said AuL theast Quarter of the Northwest Quarter* all IR Section 17) Townohip 115, Range 22, Scott County, IMIiDI �antay I hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presenc a4c1e/ Circulator Ronald E. Ward pet.sa Director of Administrative Services TOTAL P.02 No delinquent taxes and transfer entered; Certificate 4;;�s? of Real Estate Value( )filed( )not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: March 20 , 19 98 (reserved for recording data) FOR VALUABLE CONSIDERATION, Gary E. Kerkow, a single person, and Gregory J. Kerkow, a single person , Grantor(s), (marital status) hereby convey(s)and warrant(s)to Independent School District No. 720 a municipal corporation , Grantee, under the laws of State of Minnesota real property in Scott County, Minnesota,described as follows: The South Half of the Northeast Quarter of the Northwest Quarter: together with the South 50 feet of the North Half of said Northeast Quarter of the Northwest Quarter; all in Section 17, Township 115, Range 22, Scott County, Minnesota. SELLERS CERTIFY THAT SELLERS DO NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Tax , Affix Deed. Stamp Here er STATE OF MINNESOTA ,T Gregory J. Kerkow 1 SS. 1 COUNTY OF Scott 1 1 7114 1 The foregoing instrument was acknowledged before me this day of /VIAtic-1^- , 19 98 , by Gary E. Kerkow, a single !� person, and Gregory J. Kerkow, a single person , Grantor(s). 111 NOTARIAL STAMP OR SEAL,(OR OTHER TITLE OR RANIO 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council • FROM: Mark McNeill, City Administrator SUBJECT: Add 15.C.2. to Consent Agenda DATE: April 20, 1998 Please add 15.C.2. - Order Feasibility Report and Set Public Hearing on Improvements to 17th Avenue from Sarazin Street to 1/2 Mile East of Sarazin Street-Resolution No. 4892. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Recycling Program Agreement with Scott County for Spring Cleanup Day DATE: April 21, 1998 INTRODUCTION: For the past twelve years, the City of Shakopee has sponsored a Spring Community Cleanup Program. Since 1990, funds for operating the program have been received from Scott County in the form of a Local Recycling Grant. Attached to this memo is a Recycling Program Agreement between the City and Scott County for obtaining grant funding for the 1998 spring cleanup day which occurred on April 25, 1998. BACKGROUND: The City has received funds from Scott County to offset costs associated with the waste abatement activities pursued by the City. Attached is the Recycling Program Agreement, in which Scott County will provide funds to the City of Shakopee for the recycling program as outlined in this agreement. This agreement has been the standard agreement that the City and County have executed in previous years. This year the City of Shakopee is requesting $7,250.00 in funding assistance from Scott County for our City Recycling and Cleanup Program. The recyclable materials accepted this year included tires, appliances, yard waste, brush and car batteries. The Cleanup Day Program has been very successful, and with the grant funds from Scott County,the program should break even consistent with past years. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County for the spring recycling material collection day in 1998. 2. Do not enter into the Recycling Program Agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County. Bruce Loney Public Works P erector BL/pmp RECYCLE RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this 24th day of April , 1998, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as COUNTY by and through the Scott County Board of Commissioners, and THE CITY OF Shakopee , Scott County Minnesota, hereinafter referred to as CITY, by and through the City Council. WITNESSETH: WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Office of Environmental Assistance; and • WHEREAS, Minn. Stat. Sect. 115A.557, establishes the County Waste Reduction and Recycling Funding program to be distributed by the Office of Environmental Assistance; and WHEREAS, Scott County has received funding from the Office of Environmental Assistance identified as Local Recycling Grant; and WHEREAS, These funds are to be used for the activities specified in the Office of Environmental Assistance Grant Agreement and approved by the Scott County Board on November 25, 1997; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds obtained from the Minnesota Office of Environmental Assistance in accordance with respective agreements related thereto for implementation and/or enhancement of recycling programs in Cities and Townships within Scott County consistent with the County Solid Waste Master Plan. 1 2. SCOPE OF SERVICES The CITY is obligated and agrees to the following: a. recyclable materials will be collected by a hauler licensed by Scott County; b. recyclables will be delivered to a licensed recycling facility; c. organic materials (yard and tree waste) will be processed into compost at a licensed/permitted yard waste compost facility or a permitted land application site; d. upon completion of the event, a report will be submitted to the County identifying the quantities of materials recycled, the facility to which they were delivered and processed at; including actual expenditures and revenues. In the event that another jurisdiction (city or township) participates with the CITY's event, the County will transfer the participating jurisdiction's allocated share in the program funding to the CITY upon receipt of a resolution from the participating jurisdiction indicating involvement. The CITY shall advertise the neighboring jurisdiction's participation and allow their residentsto participate in the collection. 3. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 4. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1998, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier terminated as provided in Section 20 herein. 5. GRANT REQUEST The CITY shall establish recycling programs as set forth in Exhibit A, which is attached hereto and made a part of this Agreement, as though fully set forth herein. 6. GRANT PAYMENT The COUNTY shall pay to the CITY a percentage of the grant money available through the COUNTY for this program, determined by each Scott County municipality and township population; to be used for the development and/or enhancement of recycling programs. The CITY shall use these grant funds solely for the materials and/or programs as set forth in Exhibit A. 2 • 7. AVAILABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY in 1998 for the projects specified in Exhibit A shall be as specified in Section 5 above. Any funding availability for future years or for other recycling projects shall be at the complete discretion of the COUNTY. 8. UNEXPENDED FUNDS Any grant payments provided to the CITY under this Agreement shall be returned to the County in the event the grant payment is not used according to the requirements of this Agreement or has not been used within twelve (12) months of receipt by the CITY, whichever occurs first. 9. AUTHORIZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The CITY is notified of the authorized agent of Scott County as follows: Allen J. Frechette Environmental Health Manager Courthouse A102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 10. RECORDS -AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the CITY for a minimum of three (3) years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the CITY in writing that the records need no longer be kept. Pursuant to Minn. Stat.Section 166.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the CITY relative to this Agreement shall be subject to examination by the County and the State Auditor. 3 11. INDEMNIFICATION The CITY shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the CITY in the performance of this Agreement. 12. SUBCONTRACTS The CITY shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The CITY shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the CITY used to perform any portion of this Agreement shall report to and bill the CITY directly. The CITY shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 13. COMPLIANCE WITH REQUIREMENTS OF THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this Agreement, the CITY, its agents, employees and any subcontractors of the CITY in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. 14. SUCCESSORS AND ASSIGNS The County and the CITY, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the CITY shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 4 15. ACCESS TO PREMISES The CITY shall arrange access, as necessary, to work sites for the County for the purpose of verification of any requirements as described in this Agreement. 16. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partner, joint venturers, or an association with the County and the CITY. The CITY is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the CITY shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts granted to the CITY, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the CITY. 17. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the CITY at its address stated herein, and to the authorized agent of the County at the address stated herein. 18. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 19. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 5 20. ENTIRE AGREEMENT It is understood and agreed that this Agreement and the attached Exhibit A constitute the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the CITY relating to the subject matter hereof. Any conflict or inconsistency between Exhibit A and this Agreement shall be resolved in favor of, and be governed by this Agreement. 21. TERMINATION This Agreement shall terminate under the following circumstances: a. By mutual written Agreement of the parties; b. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; c. This Agreement shall automatically terminate without notice on December 31, 1998. 22. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the CITY so long as said assets are used by the CITY for the purpose stated in Exhibit A. In the event the CITY discontinues use of the assets for said purpose, any remaining assets shall, at the County's discretion, either be returned to the County or sold, and the net proceeds of such sale returned to the County. 23. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 6 24. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the work under this Agreement, the CITY agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the CITY certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and American's with Disabilities Act, attached hereto and incorporated herein as Exhibit B through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the CITY to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the CITY complies with the County Policy, and/or suspension or termination of this Agreement. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF Shakopee COUNTY OF SCOTT By: By: Bradley J. Larson, Associate Administrator SCOTT COUNTY Public Works & Lands Div. ATTEST: By: By: Allen J. Frechette, Environmental Health Manager SCOTT COUNTY Public Works & Lands Div. Dated: Dated: APPROVED AS TO FORM By: Thomas J. Harbinson, County Attorney C:WIICHAEL\SW\1 DAYCLUP\1998\98AGREE.DOC 8 EXHIBIT A CITY OF SHAKOPEE 1998 Recyclable Material Collection Request for Funds PROGRAM DESCRIPTION: For the past twelve years, the City of Shakopee has sponsored a Community Cleanup Day. This program has allowed Shakopee residents along with Louisville Township and Jackson Township residents to dispose of miscellaneous refuse at a cost substantially below the market rate. The City has typically absorbed a large portion of the disposal costs. COMMUNITY RECYCLING AND CLEANUP PROGRAM: In an effort to encourage Shakopee residents to be more responsible for the garbage that they create, the City has implemented a volume based refuse program. For the past eight years,the City has also charged a gate fee at the Community Cleanup Day. We have always successfully worked with Scott County to obtain funding to offset the cost of disposing of various materials collected. This year, the City of Shakopee would like to request$7,250.00 in funding assistance from Scott County for the City's Recycling and Cleanup Program. Consistent with previous years,the City would like to again place emphasis on the collection on recyclable items as opposed to refuse. Shown in Attachment#1 is a pamphlet for the 1998 program which outlines the specifics of the City Recycling Cleanup Program. No major changes were proposed this year. The pamphlet is being distributed to residents of the community. We have scheduled Saturday, April 25, 1998,as the date for the Community Cleanup Day between the hours of 7:30 a.m. and 12:30 p.m. A$5.00 tipping fee will be charged for those vehicles which contain only recyclable materials. GRANT REQUEST: The City of Shakopee would like to request that Scott County fund the program expenditures that relate to marketing the 1998 program, and the collection and processing of recyclable items(including batteries, yard waste,brush, appliances, scrap metal, and tires). A detailed budget outlining program cost estimates is provides in Attachment#2. A total grant request for the City Recycling Cleanup Program is$7,250.00. The City is projecting that the cost for disposal of refuse collected will be offset by the gate fees imposed on refuse loads. tami/pw/cleanupgrant EXHIBIT B II . POLICY STATEMENT. It is the policy of Scott County Government to provide Equal Opportunity- to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363 . Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, 'rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363, will be subject to appropriate contractual sanctions . ' Scott Count'y has designated the_'Personnel Director as the manager of • the_:Equal' mployment Opportunity Program. These responsibilities will •.iinclude_monitoring all Equal ZmpIoymeztt Opportunity activities and •.,-reporting.4t ie effectiveness .of _thin=program, as required by Federal, -State and.Local agencies . .The scott,_County_Administrator will receive review .deports. on the progress.. of.,the_program. . If any-employee or . ._apglican for en loyment ber eves' he/she has-:been-discriminated against, ;alease contact the. Scott. 'County Rersorn.el Director, Scott •.:Gouty -Personnel Department, Room 104, : Scgttt`County Courthouse, Shakopee, Minnesota 55379, or call (612) 496-8103 . I / • ��., � -' 61 06- - bC CLA _ "'U2A e- 01-06-9S Da id J. Unmacht Date.,, Arthur: L.r. Bantetman ' • Date Sc-tt County Administrator Chairman, Board of Commissioners • • EXHIBIT A CITY OF SHAKOPEE 1998 Recyclable Material Collection Request for Funds PROGRAM DESCRIPTION: For the past twelve years,the City of Shakopee has sponsored a Community Cleanup Day. This program has allowed Shakopee residents along with Louisville Township and Jackson Township residents to dispose of miscellaneous refuse at a cost substantially below the market rate. The City has typically absorbed a large portion of the disposal costs. COMMUNITY RECYCLING AND CLEANUP PROGRAM: In an effort to encourage Shakopee residents to be more responsible for the garbage that they create,the City has implemented a volume based refuse program. For the past eight years,the City has also charged a gate fee at the Community Cleanup Day. We have always successfully worked with Scott County to obtain funding to offset the cost of disposing of various materials collected. This year, the City of Shakopee would like to request $7,250.00 in funding assistance from Scott County for the City's Recycling and Cleanup Program. Consistent with previous years,the City would like to again place emphasis on the collection on recyclable items as opposed to refuse. Shown in Attachment#1 is a pamphlet for the 1998 program which outlines the specifics of the City Recycling Cleanup Program. No major changes were proposed this year. The pamphlet is being distributed to residents of the community. We have scheduled Saturday, April 25, 1998,as the date for the Community Cleanup Day between the hours of 7:30 a.m. and 12:30 p.m. A$5.00 tipping fee will be charged for those vehicles which contain only recyclable materials. GRANT REQUEST: The City of Shakopee would like to request that Scott County fund the program expenditures that relate to marketing the 1998 program, and the collection and processing of recyclable items(including batteries,yard waste, brush, appliances, scrap metal, and tires). A detailed budget outlining program cost estimates is provides in Attachment#2. A total grant request for the City Recycling Cleanup Program is$7,250.00. The City is projecting that the cost for disposal of refuse collected will be offset by the gate fees imposed on refuse loads. tami/pw/cleanupgrant )5. C . y. CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Street Lighting Policy Approval DATE: April 21, 1998 INTRODUCTION: Attached is a policy for street lighting in the City of Shakopee for Council review and consideration. This policy was directed by Council to be prepared after a work session on February 25, 1997 and a draft policy was approved and submitted to Shakopee Public Utilities Commission (SPUC) for their review. A revised policy, per SPUC's comments is submitted for Council review. BACKGROUND: The City of Shakopee over the years has had various street lighting policies developed by SPUC for street lighting within the City. Over the past few years there has been a growing concern among residents, developers and City Council members on the adequacy of street lighting in the City. A work session on February 25, 1997 was conducted with the City Council on street lighting policy issues with City staff and SPUC's staff. City Council reviewed the issues with staff and directed staff to prepare a Street Lighting Policy. A Street Lighting Policy was prepared and Council approved a draft policy on May 6, 1997 to be submitted for SPUC's review and approval. The May 6, 1997 Council memo and draft policy is attached for Council information. Also, attached is the Street Lighting Policy with revisions as recommended by SPUC's staff and approved by the Commissioners. The changes in the Street Lighting Policy can be summarized as follows: SECTION 1 -OVERVIEW A. Wording changes to clarify the general intent of the Street Lighting Policy. SECTION II- STREET LIGHTING STANDARDS A. General Standards paragraphs were placed in the beginning of the section. B. New Subdivisions-Minor wording changes to clarify the street lighting spacing and fixture standards in the various land use areas. C. Existing Subdivisions-Minor wording changes to clarify SPUC policy. D. County Highways -Minor wording changes to clarify SPUC Policy. SECTION III-FUNDING OF COSTS A. Initial Installation of Fixtures 1. Collector street funding was changed so that developing areas will pay the cost of street lighting except the City would pay the additional costs, if any, from the required street lighting system for that development. B. Replacement of Fixtures-No change. C. Operating Costs-Minor wording changes to clarify SPUC Policy. D. Maintenance Costs-Minor wording changes to clarify SPUC Policy. Further review of the Street Lighting Policy and from the discussions with SPUC, there are two policy questions that are remaining for City Council consideration. These questions are as follows: 1. What is the City's policy if a developer wants to install more lights than the policy allows for or a non-standard light? Section II-under plan approval,the policy allows developers to install more lights than warranted by City Policy. However,the cost of operation and maintenance becomes the responsibility of the development through an association. The policy question is whether the entire lighting system or just the additional lights become the responsibility of the development. Staff recommends that the paragraph be rewritten as follows: PLAN APPROVAL - All lighting plans are submitted to the City and SPUC for review with the approval of street lighting plan determined by SPUC's Utility Manager. In cases where developers desire to install more lights than warranted by City policy, the monthly operation and maintenance of the additional lights becomes the responsibility of the development's property owners through an owner association or similar organization. In cases where developers desire to install non-standard lights, the monthly operation and maintenance becomes the responsibility of the development's property owners through an owner association or similar organization. The City will not take over such non-standard systems, though City/SPUC approval shall still be required. 2. Does the City desire to place a street light at every City Street intersection with a County Road or just at collector street intersections with County Roads and pay for them with Public funds? Proposed Policy has the City street light warrants at County Road intersections where County warrants are not met are such that under the current wording,if traffic and pedestrian safety warrants a light,then a light could be installed if approved by Council and would be paid by the City. The City street intersections with County Roads that do not have a street light are as follows: 1. Valley View Road&CSAH 17 2. Valley View Road&C.R. 83 3. Valley Industrial Blvd. South&C.R. 83 4. Vierling Drive &C.R. 15 5. Hilldale Drive& C.R. 16 6. Muhlenhardt Road(North End) &C.R. 16 7. Muhlenhardt Road(South End) &C.R. 18 8. Montecito Drive(West End) & C.R. 16 9. StageCoach Road(Old C.R. 18) &C.R. 18 10. Londonberry Cove&C.R. 79 Under the current policy for street lighting on County roads, none of these intersections will probably meet County warrants which require one non daylight have to meet traffic signal warrant volumes for a street light. Under the current policy, these same intersections probably would qualify for a street light under the proposed City warrants criteria as the traffic volume exceeds 2,000 vehicles per day at the intersections and a street light would improve nighttime visibility and safety. The cost of installing a street light at intersections is estimated to be $1,000.00 per intersection if a power pole is nearby. For the intersections mentioned,it would cost a total amount of$10,000.00. The rationale for installing a street light at these intersections is that the speed limits on the County roads are 45 m.p.h. to 55 m.p.h. and street lights do help in delineating the intersection at night for safe turning movements in the intersection. In further review of this policy, staff believes the policy could be rewritten as follows: Section II,D.2 "Street lights at intersections of City streets to County roads may be installed by the City if traffic and pedestrian safety clearly warrants a light in the estimation of the Public Works Director and as approved by City Council. The basis of such warrants shall be a minimum average daily traffic volume through the intersection of 3.500 vehicles per day or 250 vehicles per non-daylight hour which is defined 6:00 PM to 6:00 AM or if there have been three accidents per year that have occurred during conditions other than daylight or a layout such that in the Public Works Director's estimation, significant improvement in safety might be obtained by the placement of a street light and if the County Road speed limit is posted at 40 m.p.h. or more." Council should provide direction on these two issues and on the changes that SPUC has made so that a final Street Lighting Policy can be prepared for formal adoption at a future meeting. ALTERNATIVES: 1. Provide direction to staff on the proposed Street Lighting Policy so a final policy can be prepared for formal adoption by a resolution. 2. Deny a motion on approving a Street Lighting Policy. 3. Table for additional information. RECOMMENDATION: Staff would recommend either Alternative No. 1, to provide direction to staff on the proposed Street Lighting Policy so a final policy can be prepared for formal adoption. ACTION REQUESTED: Provide direction to staff on the proposed Street Lighting Policy so a final policy can be prepared for formal adoption by a resolution. A' 47i/ Bruce Loney Public Works Director BL/pmp LIGHTS CITY OF SHAKOPEE STREET LIGHTING POLICY OVERVIEW The City intends that this street lighting policy promote the safe travel of City streets in a manner both fair and affordable to the City and its residents. Street lighting promotes pedestrian and traffic safety and to that extent the City shall approve street lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by property owners. II. STREET LIGHTING STANDARDS A. GENERAL STANDARDS 1. The developer shall pay the full capital costs of every light to be installed. This includes poles, fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system as per City Ordinances and Shakopee Public Utilities Commission's Policy. 2. PLAN APPROVAL - All lighting plans are submitted to the City and SPUC for review with the approval of street lighting plan determined by SPUC's Utility Manager. In cases where developers desire to install more lights than warranted by City policy, or desires to install non-standard lights, monthly operation and maintenance becomes the responsibility of the development's property owners through an owner association or similar organization. The City will not take over such non-standard systems, though City/SPUC approval shall still be required. B. NEW SUBDIVISIONS 1. Residential Streets (Average lot size of 2.5 acres or less) Street lights shall be placed at intersections, no more than 300 feet between lights where intersections are more than 450 feet apart, and at the ends of cul-de-sacs where the distance from the end of the cul-de-sac to the street intersection is greater than 250 feet. Developers shall also install lights to City Standards at the intersections of residential streets with collector streets. 1 The lighting fixture standards shall be as per Shakopee Public Utilities Commission's (SPUC)recommendations and generally as follows: • Local Residential Streets - 24 foot fiberglass poles with 100 watt high pressure sodium (H.P.S.) lamp and light, approximately 19.5 feet above the ground. 2. Residential Streets (Average lot size is greater than 2.5 acres) Sreet lighting standards shall be the same as for residential streets where average lot size is 2.5 acres or less. Street lights shall be placed at intersections, no more than 600 feet between lights where intersections are more than 900 feet apart, and at the ends of cul-de-sacs where the distance from end of cul-de-sac to the street intersection is greater than 500 feet. 3. Arterial and Collector Streets in Residential Areas Street lights shall be placed at intersections and spaced no more than 300 feet between lights-where intersections are more than 450 feet apart, with lights usually alternating from one side to the other depending on the width of the street. The lighting fixture standards shall be per Shakopee Public Utilities Commission's recommendations and generally as follows: • Arterial and Collector Streets (north of Shakopee Bypass) 40 foot wooden poles with 250 H.P.S. lamp in cobra head style luminaries and light is approximately 32 feet above the ground. • Arterial & Collector Streets (south of Shakopee Bypass) 34 foot fiberglass pole with 250 watt H.P.S. lamp with shoebox style luminous and light is approximately 28 feet above the ground. 4. Industrial Areas Street lighting standards shall be the same as Collector Streets (south of Shakopee Bypass). Street lights shall be placed at intersections and spaced no more than 450 feet apart where intersections are more than 675 feet apart. 5. Commercial Areas Street lighting standards shall be the same as Collector Streets. Streets in Commercial District shall have street lights placed at intersections and 2 spaced no more than 300 feet between lights where intersections are more than 450 feet apart, with lights alternating from one side to the other depending on the width of the street. 6. Special Lighting Districts Special lighting districts can be established only when approved by the City Council and Utilities Commision (I.E. Downtown Central Business District). C. EXISTING SUBDIVISIONS Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense. When property owners request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the property owners affected by the proposed light. The affected area shall be 150 linear feet on either side of the proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City, prior to circulating their petition, to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved if they meet the criteria for street lighting standards. If approved, each street light shall be paid for by the affected residents. Payment shall be made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring and all appurtenant work. The method of payment shall be as directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is energized by the utility and as per City/SPUC agreements by separate resolutions. In existing developments new lights shall match in style and wattage those already in place. If no lights are currently in place, then 100 or 250 watt high pressure sodium (H.P.S.) lights in cobra-head or traditional style shall be the standard. D. COUNTY HIGHWAYS 1. Street lights shall be placed at intersections when the street light warrants, as established by Scott County Highway Department have been met. If warrants are met, per County policy,the County pays for the installation 3 of the light with the cost of maintenance and operation to be provided as agreed upon in separate resolutions by the City and SPUC. 2. Street lights at intersections may be installed by the City if traffic and pedestrian safety warrants a light in the estimation of the Public Works Director and as approved by City Council. The basis of such warrants shall be a minimum average daily traffic of 2000 vehicles or a layout such that in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. 3. Street lights at intersections may be approved by City Council if warrants are not met, per Scott County and the City Engineer; if property owners petition the City and pay for the initial cost. 4. Installation of street lights, along a County road between intersections for traffic and pedestrian safety, will be reviewed on a case by case basis by City Council. III. FUNDING OF COSTS A. INITIAL INSTALLATION OF FIXTURES 1. New Subdivisions Residential, commercial and industrial developers will pay for the street lighting system and enter into an agreement with SPUC. 2. Existing Subdivisions New street lights would be paid for by benefiting properties through upfront payments to the City. The City will reimburse SPUC for installation of street lights. 3. Collector Streets All street lights in developing areas will be paid by the benefitting properties except the City will pay the additional costs, if any, from the required street lighting system for the development. 4. County Roads New street lights not meeting County warrants, but meeting City warrants and if approved by City Council, would be considered a benefit to the Community as a whole and paid by the City from the Capital Improvement fund or other funds as designated by City Council. 4 B. REPLACEMENT OF FIXTURES 1. The replacement of lighting fixtures is a maintenance cost to the City. C. OPERATING COSTS 1. The cost of power for street lighting is provided by SPUC, as part of contributions from SPUC to the City as agreed upon in separate resolutions. D. MAINTENANCE COSTS 1. SPUC donates the cost of relamping and routine maintenance services for street lighting as provided by SPUC, as part of contributions from SPUC to the City as agreed upon in separate resolutions. REVISED : 4/ 17/98 5 c Grccn BUSINESS PARK September 30, 1997 Mr. Bruce Loney ! C . CITY OF SHAKOPEE 129 South Holmes Street r- Shakopee,MN 55379 CM,OF S Mr. Lou Van Hout SHAKOPEE PUBLIC UTILITIES y4K0PEE 1030 East Fourth Avenue Shakopee,MN 55379 Re: Shakopee Street Lighting Policy Dear Bruce and Lou: The policies that are implemented by the City and SPUC, as is usually the case with policies or legal agreements,are open to different interpretations by readers of them. The City and SPUC are currently circulating a draft of a policy for street lighting that has language in it that leaves me somewhat concerned as to the future interpretation of same and which could cause problems in the future for implementation. Specially,the language that deals with the responsibilities of developers who may request/require street lighting configurations in their developments beyond the number that would be strictly interpreted by the policy. The current wording,based on my interpretation, suggests that if a developer requests a quantity of streetlights beyond that which is dictated by the policy,the developer is responsible for the maintenance cost and the electrical service expense for ALL of the lights in the development versus just those lights that may be in excess of the policy. I don't believe this onerous requirement was intended for the policy, but strict interpretation in the wording suggests this to be the case. If my reading of the policy is not what is meant to be the ultimate intent,I would suggest redrafting of the language in that portion of the policy will be appropriate. That way, future staff will not be confused with the implementation of the policy. Thank you for your interest in my concerns. I apologize for not quoting"chapter and verse"on the policy for your reference,but I am unable to locate my copy of the draft policy to do so. Thanks again. Respectfully, L i Y GREEN BUSINESS PARK J.n R. Albinson 'roject Director JRA:jmc C:\Share\Projects\SPUC\Street Light Info\x to BLoney&LVanHout re street light policy.doc 5240 Valley Industrial Bouievard South*Shakopee.MN 55379*Telephone:(612)445-9286*Fax:(612)904-6875•E-Mail:jalbinson@ValleyGreen.com • rr • r ;, - L }F- _ i 4/, c• 3 • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Lighting Policy Approval DATE: May 6, 1997 INTRODUCTION: Attached is a policy for street lighting in the City of Shakopee for Council review and consideration. This policy was directed by Council to be prepared after a work session on February 25, 1997. BACKGROUND: The City of Shakopee over the years has had various street lighting policies developed by Shakopee Public Utilities Commission (SPUC) for street lighting within the City. Over the past few years there has been a growing concerns among residents, developers and City Council members on the adequacy of street lighting in the City. A work session was conducted with the City Council on street lighting policy issues with City staff and SPUC's staff City Council reviewed the issues with staff and directed staff to prepare a Street Lighting Policy which is attached to this memorandum. The main highlights of the Street Lighting Policy are as follows: • Street lighting standards are identified for five areas being: residential streets with average lot size of 2 1/2 acres or less; residential streets with average lot size greater than 2 1/2 acres; collector streets in the residential areas, industrial areas and commercial areas. This policy contains SPUC's latest recommendations for street lighting fixtures within the areas of the City of Shakopee as well as spacing guidelines for street light locations. • Policy on installation of street lights in existing subdivisions, in which the benefiting residents must request additional lighting by petition to the City Council, and pay for the street light installation upfront as determined by the City's Finance Department. The City must approve the installation if it meets the latest standards • for spacing and would then take over operation, maintenance and ownership of the street light. • The County Highway's Street Lighting Policy has conditions for placement of street lights at County road intersections, and installation of street lights along a County road between intersections for traffic and pedestrian lighting would be reviewed on a case by case basis. • Funding of street lights for the initial installation of fixtures and replacement of fixtures, operating costs and maintenance costs. City Council is being asked to review this policy and consider adoption and submit to SPUC for their review and comments. If there are any changes by SPUC, these changes will be brought back to City Council for review and approval before approving a resolution on adopting the Street Lighting Policy for implementation. ALTERNATIVES: 1. Approve a motion approving a Street Lighting Policy for the City of Shakopee and to be submitted to SPUC for their review and approval. 2. Deny a motion on approving a Street Lighting Policy. RECOMMENDATION: If City Council concurs with this policy, staff would recommend Alternative No. 1, to approve a motion to approve a Street Lighting Policy for the City of Shakopee and submit this policy to SPUC for their review and comments. ACTION REQUESTED: Approve a motion approving a Street Lighting Policy for the City of Shakopee and to be submitted to SPUC for their review and approval. ,,j//41. Bruce Loney Public Works Director BL/pmp MEM4665 CITY OF SHAKOPEE STREET LIGHTING POLICY I. BACKGROUND The City intends that this street lighting policy promote the safe travel of City streets in a manner both fair and affordable to the City and its residents. Street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by property owners. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those residents, determined to be affected by the light. II. STREET LIGHTING STANDARDS A. NEW SUBDIVISIONS 1. Residential Streets (Average lot size of 2.5 acres or less) Street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac when the street is greater than 300 feet. Within their developments, developers shall also install lights to City Standards at the intersections of residential streets with collector streets. The developer shall pay the full capital costs of every light to be installed. This includes poles, fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system as per City Ordinances. The lighting fixture standards shall be as per Shakopee Public Utilities Commission's (SPUC) recommendations and generally as follows: • Local Residential Streets - 24 foot fiberglass poles with 100 watt high pressure sodium (H.P.S.) lamp and light, approximately 19.5 feet above the ground. • Collector Street - (north of Shakopee Bypass) 40 feet wooden poles with 250 watt H.P.S. lamp in cobra head style luminaries and light approximately 32 feet above the ground. 2. Residential Streets(Average lot size is greater than 2.5 acres) Same as for residential streets where average lot size is 2.5 acres or less, except the spacing between intersections shall be 600 feet. 3. Collector Streets in Residential Areas Street lights shall be placed at intersections and spaced approximately every 300 feet between intersections where intersections are more than 600 feet apart, with lights usually alternating from one side to the other depending on the width of the street. • Collector Streets (north of Shakopee Bypass)40 foot wooden poles with 250 H.P.S. lamp in cobra head style luminaries and light is approximately 32 feet above the ground. • Collector Streets(south of Shakopee Bypass) 34 foot fiberglass pole with 250 watt H.P.S. lamp with shoebox style luminous and light is approximately 28 feet above the ground. 4. Industrial Areas Street light fixtures shall be the same as Collector Streets (south of Shakopee Bypass). Street lights shall be placed at intersections and spaced approximately every 450 feet where intersections are more than 900 feet apart. S. Commercial Areas Street light fixtures shall be the same as Collector Streets (south of Shakopee Bypass). Streets in Commercial District shall have street lights placed at intersections and spaced approximately every 300 feet between intersections where intersections are more than 600 feet apart, with lights alternating from one side to the other depending on the width of the street. PLAN APPROVAL - All lighting plans are submitted to the City and SPUC for review with the approval of street lighting plan determined by SPUC's Utility Manager. In cases where developers desire to install more lights than warranted by City policy, or desires to install non-standard lights, monthly operation and maintenance becomes the responsibility of the development's property owners through an • owner association or similar organization. The City will not take over such non- standard systems, though City/SPUC approval shall still be required. B. EXISTING SUBDIVISIONS Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense. When residents request additional lighting for their neighborhoods, they must do so by petition- signed by 60% of the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City, prior to circulating their petition, to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet, where the distance between intersections is greater than 600 feet, and at the ends of cul- de-sacs, where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring and all appurtenant work. The method of payment shall be as directed by the City Finance Department. The City shall assume operation and maintenance costs for a light from the time it is energized by the utility. In existing developments new lights shall match in style and wattage those already in place. If no lights are currently in place, then 100 or 150 watt high pressure sodium (H.P.S.)lights in cobra-head or traditional style shall be the standard. C. COUNTY HIGHWAYS 1. Street lights shall be placed at intersections when the street light warrants, as established by Scott County Highway Department have been met. If warrants are met, per County policy, the County pays for the installation of the light with the cost of maintenance and operation to be provided by the City. 2. Street lights may be approved by City Council if warrants are not met, per Scott County; if property owners petition the City and pay for the initial cost. 3. Street lights may be installed by the City if traffic safety warrants a light in the estimation of the Public Works Director and as approved by City Council. 4. Installation of street lights, along a County road between intersections for traffic and pedestrian lighting, will be reviewed on a case by case basis by City Council. III. FUNDING OF COSTS A. INITIAL INSTALLATION OF FIXTURES 1. New Subdivisions Residential, commercial and industrial developers will pay for the street lighting system and enter into an agreement with SPUC. 2. Existing Subdivisions New street lights would be paid for by benefiting properties through upfront payments to the City. The City will reimburse SPUC for installation of street lights. 3. Collector Streets New Street lights would be considered a benefit to the Community as a whole and paid by the City from the Capital Improvement Fund or from funds as designated by City Council. 4. County Roads New street lights not meeting County warrants, and if approved City Council, would be considered a benefit to the Community as a whole and paid by the City from the Capital Improvement fund or other funds as designated by City Council. B. REPLACEMENT OF FIXTURES 1. The replacement of lighting fixtures is a maintenance cost to the City. C. OPERATING COSTS 1. The power for street lighting is provided by SPUC, as part of contributions from SPUC, to the City and as agreed upon in previous resolutions. D. MAINTENANCE COSTS 1. SPUC donates relamping maintenance services for street lighting. is• C . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of Frattalone Excavating & Grading, Inc. Regarding Hourly Restrictions on Construction Activities DATE: April21, 1998 INTRODUCTION: By letter dated April 14, 1998, Frattalone Excavating & Grading, Inc., the contractor performing the grading work on Canterbury Park 5th Addition and fire station property for Valley Green Park has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, be suspended for the construction of the Seagate site. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. Frattatlone Excavating & Grading, Inc. is requesting a suspension on the hours from April 15 to June 15 for Monday through Friday from 7:00 A.M. to 10:00 P.M. to 6:30 A.M. to 10:00 P.M. and for Saturday, from 9:00 A.M. to 9:00 P.M. to 6:30 A.M. to 9:00 P.M. The earlier starting time is to allow for equipment warm-up and inspection and in order to work longer hours to meet the schedule for the Seagate project. Staff would recommend that if the suspension of hours is granted that no hauling of material be allowed before 7:00 A.M. for any day to minimize the noise. It is expected that no work will be done on Sundays by the contractor. The named section of the Code provides as follows: "Upon timely application being made and the necessity therefor being established, the Council may suspend the operation of this Subparagraph for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature of and limits of such suspension." ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Frattalone Excavating & Grading, Inc., as per their letter dated April 14, 1998 and direct staff to publish notice of the suspension terms with the added provision that no hauling of material be done before 7:00 A.M. for any day. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. ACTION REQUESTED: Offer and approve a motion consistent with the Council's determination relative to this request. ruce Loney Public Works Di -ctor BL/pmp NOISE FRATTALONE EXCAVATING & GRADING, INC. 3066 Spruce Street • St.Paul, MN 55117 (612) 484-0448 • Fax (612) 484-7839 April 14, 1998 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Attn: Mr. Bruce A. Loney, P.E. Public Works Director/City Engineer Dear Mr. Loney: F. M. Frattalone Excavating and Grading, Inc. have been awarded the grading contract for the Canterbury Park 5th Addition. There is a very aggressive schedule so that Seagate Company can get started on their new facility. I am requesting a temporary suspension of City Code Section 10.60 Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, Construction Activities. I am requesting that on weekdays we are able to work from 6:30 A.M. to 10:00 P.M. in lieu of 7:00 A.M. to 10:00 P.M. as per code. I am also requesting work hours on Saturdays be extended to 6:30 A.M. to 9:00 P.M. in lieu of 9:00 A.M. to 9:00 P.M. as per code. We are requesting this suspension from April 15, 1998 through June 15, 1998. If the weather cooperates our normal operation will be from 7:00 A.M. to 7:00 P.M. weekdays and 7:00 A.M. to 5:30 P.M. Saturdays. We are requesting the 6:30 A.M. start time for our equipment warm-up and inspection requirement. If you have any questions or comments please contact me. Sincerely, F. M. Frattalone Excavating and Grading, Inc. 4.17. Mark R. Ryan G President COMMERCIAL • INDUSTRIAL • MUNICIPAL • UTILITIES • DEMOLITION • ENVIRONMENTAL 1s. c. 6 . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status for John DeLacey DATE: April 14, 1998 INTRODUCTION: The probationary period for the Engineering Tech. IV position held by John DeLacey expires on May 6, 1998. Staff is recommending that Mr. DeLacey's probationary status be terminated at this time. BACKGROUND: Effective November 6, 1997, the Shakopee City Council changed John DeLacey's job classification from Engineering Tech. III to Engineering Tech, IV as his job duties and responsibilities have increased over the years to reflect a Engineering Tech. IV classification. Mr. DeLacey's performance during his probationary period has been satisfactory and staff is recommending that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate John DeLacey's probationary status. 2. Extend probationary status for another six months. 3. Table action pending further information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: A motion to terminate John DeLacey's probationary status for the Engineering Tech IV classification. Aei41 Bruce Loney Public Works Director BL/pmp DELACEY CITY OF SHAKOPEE CONSENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police / • ir SUBJECT: Acceptance of$11,300 Grant DATE: April 6, 1998 INTRODUCTION: The Police Department is requesting Council approval to accept a$11,300 grant from the Minnesota Auto Theft Prevention Program(MATPP). BACKGROUND: The City Council during their regular meeting on March 2, 1998 passed Resolution No. 4843, a resolution authorizing the application to the Minnesota Auto Theft Prevention Program for a grant in the amount of$11,300. Since the adoption of Resolution No. 4843 the Police Department was notified the resolution did not accurately address the formal acceptance of the MATPP Grant. In order for the Police Department to receive the funds the attached resolution authorizing the City's acceptance of the grant must be passed. Upon receipt of this resolution, the Minnesota Auto Theft Prevention Program will begin distributing the funds. ALTERNATIVES: 1. Accept the grant. 2. Do not accept the grant. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer and pass Resolution No. 4888 authorizing the appropriate city officials to accept and enter a agreement with the Minnesota Auto Theft Prevention Program from July 1, 1998 Athro : July 1, 1999. :11 /. u: es i / Chief of Police RESOLUTION NO. 4888 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL AUTHORIZING THE ACCEPTANCE OF A $11,300 GRANT FOR THE MINNESOTA AUTO THEFT PREVENTION PROGRAM WHEREAS,the Minnesota Legislature passed legislation in 1996 creating the Auto Theft Prevention Program(MATPP); and WHEREAS, the Legislature established the Minnesota Auto Theft Prevention Board, which will make grant funds available annually to support the purposes of the legislation; and WHEREAS,the purpose of this legislation is to reduce motor vehicle theft and its consequences in the State of Minnesota by funding programs which aid in the identification of • critical issues, education and awareness, investigation and prosecution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. That the appropriate City officials are hereby authorized and directed to accept a $11,300 grant from the Minnesota Auto Theft Prevention Program. 2. That the City Council agrees to stipulations set forth in the grant materials. 3. That the appropriate City officials shall complete,review and submit all relevant materials before the deadline stated in the grant. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 21st day of April, 1998. Mayor of the City of Shakopee ATTEST: City Clerk SHAKOPEE POLICE DEPARTMENT /�►•, I Memorandum 1.4J TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: li } CONSENT Hughes, Chief of Po Dan ce SUBJECT: An ordinance of the City of Shakopee, Minnesota, Pawnbrokers, Precious Metal Dealers, and Secondhand dealers; and amending Section 6.28 of the City Code. DATE: April 14, 1998 INTRODUCTION: Council is asked to amend the Ordinance of the City of Shakopee, Minnesota, pertaining to pawnbrokers, precious metal dealers, and second hand dealers; and amending Section 6.28 of the City Code. BACKGROUND: In the fall of 1997, with Council approval the City of Shakopee signed an Automated Pawn System(APS) Service and Software License Agreement with the City of Minneapolis. A copy of this agreement is attached. This centralized repository of pawn records allows metropolitan police agencies access to Minneapolis' computer network. The information contained within this system are articles that have been pawned and the identifying information on the subject's that pawned the items. The APS as of March, 1998, has a file listing of over 27,000 customers and 93,000 items. This would allow our police department quick access to information for people that may be pawning stolen merchandise and allows the rapid recovery of stolen items. Attached with this document is a listing as of March, of the police agencies that are involved, or have shown interest in becoming involved with Minneapolis' Automated Pawn System. In order to pay for this service a user fee(billable transactions)will be accessed to individuals that pawn items. This fee will pay for the connection and software support for the Shakopee Police Department to access Minneapolis' system at a rate of one dollar ($1.00)per billable transaction. Staff recommends that the City of Shakopee add an additional fifty cents($.50)to the billable transaction to offset the cost of our personnel for our support of the system. Staff has checked with other cities and the one dollar and fifty cents($1.50)per billable transaction is in the market. 1 Scott County has only two licensed pawnshops; both of those are within the City of Shakopee. The ordinance also has a sixty day(60)waiting period once it is enacted. This will allow our two pawnshops to come into compliance and advise customers of the future billing transaction fees. Staff has had contact with these pawnshops and both sent letters agreeing to participate in APS and the billable transaction to allow this service to be provided. RECOMMENDATION: Staff recommends that the ordinance be amended by City Council and that a resolution be approved setting the fees applicable to this ordinance change. ACTION REQUESTED: If the Council concurs, it should be: 1. Offer Ordinance No. 517, an Ordinance of the City of Shakopee, Minnesota, pertaining to pawnbrokers, precious metal dealers, and secondhand dealers and amending section 6.28 of the City Code. girt 2. Offer resolution No..4801,adopting the 1998 fee schedule, and move its adoption. pt on. If' %Z- Hugh s Chief of Police DH:pm Attachments: APS Service and Software License Agreement Listing of APS Jurisdictions City Ordinance 6.28 Resoultion 4889 2 ORDINANCE NO. 517 AN ORDINANCE OF THE CITY OF SHAKOPEE, TO PAWNBROKERS, MINNESOTA PERTAINING PRECIOUS METAL DEALERS, AND SECOND HAND DEALERS AND AMENDING SECTION 6.28 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - Section 6.28, subdivision 8 of the City Code is deleted in its entir replaced it with the following language: ety and Subd. 8. Record Kee ing. A. Definitions. For purposes of this subdivision, the following words and terms shall have the meanings stated: 1. "Reportable Transactions" means the receipt of any item of property, whether sold or pawned, except: a. The bulk purchase or consignment of new or used merchandise from a merchant,manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise; and b. Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and redemption periods have expired. 2. "Billable transaction" means every reportable transaction except renewals,redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's possession. B. Required Information. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information in a computerized record approved by the Police Department or designee: 1. A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item; 2. The purchase price, amount of money loaned upon, or pledged therefor; 3. The maturity date of the transaction; 4. The amount due, including monthly and annual interest rates and all pawn fees and charges; DJG138479 SH155-23 5. Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records; 6. Full name, residence address, residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair; 7. The identification number and state of issue from any of the following forms of identification of the seller or pledgor: (i) current valid Minnesota driver's license; (ii) current valid Minnesota identification card; or (iii) current valid photo identification card issued by another state or a province of Canada; 8. The signature of the person identified in the transaction; and 9. Any other information reasonably required by the Police Department. D. Required Fees. Every licensee shall pay a billable transaction license fee for each billable transaction handled by the licensee. The amount of the fee shall be set by resolution of the Council in an amount that reflects the cost of processing billable transactions. Billable transaction license fees shall be billed monthly and are due and payable within thirty (30) days. E. Modem Reporting. Licensees must submit every reportable transaction to the Police Department daily by transferring it from their computer to the Police Department via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the Police Department using procedures that address security concerns and technological requirements of the licensees and the Police Department. If a licensee is unable to successfully transfer the required reports by modem, the licensee must have on the premises and available for inspection by the Police Department printed copies of all reportable transactions that have not been reported by modem. DJG138479 SH155-23 Section 2 -Effective Date. This ordinance becomes effective from and after 60 days after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee • 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1998. DJG138479 SH155-23 RESOLUTION NO. 4889 A RESOLUTION AMENDING RESOLUTION#4801, ADOPTING THE 1998 FEE SCHEDULE Whereas, the City Council has adopted a Fee Schedule for the fiscal year; and Whereas, changing conditions and circumstances warrant amending the Fee Schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE 1998 FEE SCHEDULE IS HEREBY AMENDED BY ADDING THE FOLLOWING: Pawn Shop billable transaction fee- $1.50 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney .il'kei4.41:) SY (, r COu.r1/4:1i. 12419 AUTOMATED PAWN SYSTEM (APS) SERVICE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this /��da of �/ � � � Y rn�E�.,,Gvv , 191L by and between the City of Minneapolis, a municipal corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor, and the City of Shakopee, a municipal corporation in the County of Scott, State of Minnesota, hereafter referred to as Shakopee or Licensee. WHEREAS: The Minneapolis Police Department utilizes a computerized pawn shop records system (APS Service or AUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NOW, THEREFORE, in consideration of the convenants contained herein, the parties agree as follows: ARTICLE I: Definitions Terms defined in this Article I, and parenthetically elsewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or plural. "Agreement" means this Agreement and its Schedules and Exhibits, which are incorporated in, and form an integral part of, this Agreement. "APS SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" refers to the proprietary pawn shop identification and tracking system developed by the City of Minneapolis; including software, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information-related services, software, information and othercontent provided by the City of Minneapolis, as well as access to APS content provided by parties other than the City of Minneapolis (collectively"Acquired Material"). "Content" means pawn shop transaction records, data and information available on the APS Service. "Data Contributing Licensee" means any licensee which licenses and regulates pawnbrokers or secondhand dealers, and requires them to submit specific information related to specified types of transactions, daily, via dial-up connection to APS Service central data site. "Enhancements" means software programs and sub-programs in addition to the Software described in Schedule 1. "Query Only Licensee" means any licensee which does not license or regulate pawnbrokers or secondhand dealers. ARTICLE II: Software Delivery and Installation p:kwordlapslcontactskninn1shakopee4gremtc.doc • The City of Minneapolis shall deliver to Licensee APS Service software in accordance with Schedule 1. Licensee shall have the responsibility of software installation. ARTICLE III: Title and Risk Title to the APS Service software, including the ownership of all copyrights, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentation, enhancements, adaptations and to any modifications thereto shall at all times remain with the City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shall be in accordance with the provisions of Schedule 2. ARTICLE V: License Terms SOFTWARE LICENSE Subject to the terms of this License Agreement, City of Minneapolis grants to Licensee a non- exclusive, nonassignable and nontransferable license to use and display the software provided by or on behalf of City of Minneapolis for purposes of accessing the APS Service on any machine(s) of which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by City of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. LICENSEE RESPONSIBILITY. Licensee shall be responsible for all access to and use of the APS Service through Licensee's account or password(s). ARTICLE VI: Licensor's Warranties and Limitations of Liability LICENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE RISK. NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS WARRANT THAT THE APS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CITY OF MINNEAPOLIS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE APS SERVICE. THE APS SERVICE IS DISTRIBUTED ON AN "AS IS"AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE LICENSE AGREEMENT. p:\worMapatontacts4ninn\shakopeelagremtc.doc 2 NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED. ARTICLE VII: Termination and Modification MODIFICATION OF THIS LICENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapolis may modify this license Agreement, including, without limitation, pricing and billing terms. City of Minneapolis may discontinue, add to, or revise any or all aspects of the APS Service in its sole discretion and without notice. TERMINATION BY LICENSEE. Licensee is free, if City of Minneapolis modified this License Agreement, the APS Service, or related pricing or billing terms, to immediately terminate Licensee's account and this License Agreement. Licensee may otherwise cancel this License Agreement, without cause, with a thirty (30) day written notice. Licensee shall carry out any termination in accordance with the method or methods established by City of Minneapolis. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate the Licensee's account and this License Agreement in the event of any breach of this Agreement by Licensee or a use of Licensee' account. City of Minneapolis reserves the rights in its sole discretion to terminate the Licensee's account and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use of the APS Service, in whole or in part, with respect to any Licensee (and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBLIGATIONS. Notwithstanding any cancellation or termination of this License Agreement or any account, nor any suspension or termination of access to or use of the APS Service, Licensee will remain responsible for any obligations then accrued, including payment of any charges that may be due as of or in connection with such actions. ARTICLE VIII: Use and Assignment LIMITATION ON USE OF CONTENT. Except as expressly permitted in this License Agreement, neither License nor any user of Licensee's account may reproduce, distribute, transmit, publish or otherwise transfer, or commercially exploit, any content received or accessed through the APS Service. ILLEGAL PURPOSES p:\worMapskontacts\minnkshakopee1agremtc.doe 3 Licensee agrees not to use the APS Service nor any of its elements or related facilities or capabilities to conduct any activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation or legal obligation. LIMITS ON TRANSFERS; OTHER LIMITS Unless otherwise agreed in writing, Licensee's right to use the APS Service, or to designate other users of its account, is not transferable and is subject to any limits established by City of Minneapolis. ARTICLE IX: Entire Agreement This agreement, as well as the additional materials specifically referred to herein as being a part of this License Agreement, constitute the entire and only agreement with respect to the subject matter hereof(collectively, the License Agreement") between City of Minneapolis and Licensee. This License Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing this Agreement, Licensee agrees to the terms and conditions of this License Agreement. ARTICLE X: Governing Law; Severability This License Agreement is made in the State of Minnesota. This License Agreement and all of the parties respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws of the United States of America, and, excluding conflicts rules, of the State of Minnesota. Any cause of action of Licensee, or by users of Licensee's account, with respect to the APS Service or this License Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. CITY OF SHAKOPEE CITY OF MINNEAPOLIS X4414.— Mayor ACTIN,:yor /kV etb Attest: , City Administrator ASslstalltci• I, �, f)- . OK/ Countersigned: C Clerk Finance Officer 10Approved for Ex cution .04. ssistant City Attorney pword‘apskontacta4nlnMahakopeeagremtc.doc 4 SCHEDULE 1: APS SYSTEM AND OBLIGATIONS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the installation of, usage, and access to the following components on the licensee's equipment: 1. APS Service client software and relevant enhancements (supplied on distribution diskettes, or via the APS Service software distribution files located on the licensors computer network). 2. APS Service documentation (Help files) included on the APS Service client software. 3. APS Service oriented user documentation. In addition, licensees are granted access to the following services as authorized in Schedule 2: 1. Access to the APS Service central site database via network or dial-up connection as authorized by the APS Service administrator. 2. Access to APS support staff by licensee's APS Service Jurisdiction Administrator for operational questions related to accessing the service via network or dial-up connection. Use of Contents Neither licensee nor any user of the licensee's account may reproduce, distribute, transmit or otherwise transfer any content received or accessed through the APS Service except as required, and legally allowed, in the conduct of authorized investigations of criminal activity, or verification of compliance with applicable operational laws and regulations by pawnbrokers, secondhand dealers, or precious metal dealers. Ancillary Equipment Licensee is responsible for acquiring and maintaining all telephone and computer hardware and services necessary to access and use the APS Service via network or dial-up connection. Minimum Equipment Requirements The minimum hardware configuration needed by licensee to access the APS Service is: Processor: 486 DX66, RAM: 16MB, Hard Drive: minimum 6 MB free, Floppy Drive: 3.5", Modem: 28.8 MHz, Operating System: Windows 3.11 or Windows 95. Printer optional, but recommended. Operational Responsibilities Every licensee is responsible for the following: 1. Installation of all hardware components, PC operating software, networking software and APS Service client software. 2. Designating an employee as the APS Service Jurisdiction Administrator. (See Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3. Designating an employee as the APS Service Investigator/User Trainer. 4. Assignment and administration of appropriate user codes and passwords to authorized users of the APS Service system within its jurisdiction. In addition, every data contributor licensee is responsible for: 1. Coordination and administration of the addition of licensed jurisdiction dealers who will be sending data via modem to the APS Service central site. p:\word\apalcontactslminnlshakopee‘agremtc.doc 5 2. Orientation and training of dealers within the licensee's jurisdiction regarding APS Service dial-up connection process, reporting requirements and error correction procedures. 3. Verification of the electronic collection of pawn and secondhand dealer transaction data as required by the licensee's applicable ordinances. 4. Manual entry of pawn and secondhand transaction data when dealer(s) are unable or fail to do so via modem as required by licensee's applicable ordinances and APS Service policies. 5. Adherence to APS Service policies and procedures as established by the Minneapolis APS Service Administrator. Ovordlepskontacts4minn\shskopN1sgremtc.doc 6 SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shall pay all applicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Information on charges and surcharges (if any) that are paid to City.of Minneapolis and are incurred by licensee or by users of Licensee's account will be made available to Licensee, and Licensee agrees that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to City of Minneapolis. COMMENCEMENT AND DURATION OF UCENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a monthly Licenseeship will continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated in accordance with this License Agreement). As provided for above, Licenseeship may be canceled by Licensee at any time. The monthly Licenseeship fee shall cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee will be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon receipt. If payment is not received within 30 (thirty) days from date of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Data Contributing Licensee Setup and Training $1,050.00 (All training requires and assumes working knowledge of Microsoft Windowst'.) 1. Establish licensee's account on APS Service. 2. Eight(8) hours training for licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for licensee's designated APS Service investigator/user trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Data Collection and Maintenance Fee $1.00 Each Billable Transaction 1. Collection and maintenance administration of all reportable and billable transaction information as defined by licensee's ordinances and received via network or dial-up connection. 2. Monthly billing to licensee of all billable transactions received, which dealer they were submitted by, and whether they were electronically uploaded from the dealer or manually entered by the licensee. Access Fee for Primary Investigators)/User(s) Using Dial-up Connection , $ N/C Per Month 1. Unlimited access to the APS Service for one (1) simultaneous designated user, via a dial-up connection, in accordance with the applicable portions of this agreement p:lwordlapstontactsVminMshakopeelagremtc.doc 7 Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Dial-up Connection $58.00 Per Month/ Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Primary Investigator(s)/User(s) Using a Network Connection $ N/C Per Month 1. Unlimited access to the APS Service for one (1) simultaneous designated user, via a network connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using a Network Connection $43.00 Per Month Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a network connection, in accordance with the applicable portions of this agreement. p:bworolapstontaetsvntnnw,akope.agremtc.doc 8 SCHEDULE 1-A: APS SERVICE JURISDICTION ADMINISTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of APS within the Licensee's jurisdiction. She (or he) is the point of contact for technical and operational questions from Licensee's investigators and pawn dealers (Data Contributing Licensees Only). This person will interact regularly with the APS Administrator at the Minneapolis Police Department(MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee-specific). Primary functions include: • Provide focal point for all APS Service operational and policy activity for Licensee, • Provide end user support as a "first call for help"when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dialogue with APS Administrator at MPD for questions and support issues, Startup Tasks (All Licensees) 1. Define a process or series of steps to receive, log, process and track APS support calls (e.g. who gets called, what information to take, how to forward or close contact, how to accumulate statistics and track open contacts, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Startup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billing functions (Data Contributing Licensees). 2. Gain familiarity with the APS Service upload process and directory structure used for dealer upload files, logs, archived transactions (Data Contributing Licensees). Daily Tasks (All Licensees) 1. Respond to APS support calls. Log contacts, respond or refer contact to APS Administrator(MPD), monitor resolution and ensure requester is contacted with resolution. Daily Tasks (Data Contributing Licensees) 1. Review upload activity from previous evening to ensure all Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether file was successfully processed or not 3. Contact dealers who have not submitted transaction files or refer to Licensee's investigators/regulators for follow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on uploaded data items using APS queries or reports to verify overall data quality. 6. Periodically run queries or reports on categories, items and brands where 'OTHER' is specified. • 7. Work with Licensee's police and civilian investigators and regulators to ensure that ordinance-specified data reporting and quality is maintained. 8. Consult with Licensee's investigators/regulators on data quality issues to refer back to dealers for resolution or additional training. p:lword\apstontacts\minntshakopeelsyremtc.doc 9 • • r ' Monthly Tasks (Data Contributing Licensees) 1. Receive monthly billing invoice and data from APS administration and generate appropriate remittance. 2. Reconcile/assemble monthly billing data and generate an invoice for each dealer in Licensee's jurisdiction required to report to the APS Service (Data Contributing Licensees). As Required Tasks (All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs/inconsistencies so as to improve the service provided by APS. 2. Provide training to Licensee's users. p: dUapecontactsVnInnkshakopNVgr .doc 10 - AO 114AVA...•. 951VVL Automated Pawn SystemTM Service March 1998 Jurisdictions that have Jurisdictions that have Jurisdictions that have requested and received APS requested APS Software signed Software License and Service information License and Service Service Agreements Agreements being conected to A and are Anoka County Attorney Alexandria PO Belle Plaine Anoka County Sheriffs Apple Valley PD Dakota County Sheriff Association Blaine PD Elko-New Market Becker County Sheriff Bloomington PD Brooklyn Park PD Brooklyn Center PD Jord Golden Valley Chaska PD Burnsville PD *Minn neas Cottage Grove PD Columbia Heights PD Minnetonka Dakota County Chiefs of Police Coon Rapids PD Fergus Falls PD Eagan PD New ope P Fridley PD Eden Prairie PD New Prague Pribr Lake Association Edina PD "Richfield Lino Lakes PD Faribauit PD Scott County Sheriff Litchfield PD Grand Rapids *"Shakopee Little Canada PD Hastings Police Dept. "St. Paul Martin County Sheriff Hennepin County Sheriff Sava e Ramsey City Atty LeSeuer County Sheriff g Ramsey Sheriff Lakeville PD Rochester PD New Brighton PD Roseville PD Northfield PD St. Louis County Sheriff Maple Grove St. Louis Lark PD Pine County Sheriff Tri County Investigator Assoc. Rice County Sheriff Wright County Sheriff Red Wing PD Robbinsdale PD Washington County Sheriff West St. Paul PD • Jurisdictions that have Inquiries from Major Cities "Data pending requested APS Information Chiefs Conference Chicago, IL Honolulu, HI Fort Laudedale, FL Dallas,TX Miami, FL Detroit, MI Orange County, FL Tulsa, OK Tulsa, OK Baltimore County, MD Dallas, TX Nassau County, NY Salt Lake City, UT Columbus, OH Sioux Falls, SD Charlotte, NC Canada Memphis, TN Edmonton Toronto Vancouver c:wrindowstemplprowth.doc CITY OF SHAKOPEE I'g• v• l Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Commercial Loading Zone DATE: April 16, 1998 INTRODUCTION: The Council is asked to consider a resolution which would establish a loading zone adjacent to the 310 South Holmes Street. BACKGROUND: The City has been contacted by Best Express, 310 South Holmes Street, concerning problems that they have had with parking. They are one-half block north of the Courthouse, and have problems with all day parkers taking up curbside spaces that are needed for their short term business uses. Section 9.31 of the City Code allows the City Council to establish, by resolution, loading zones to be used for the specific purpose of"loading or unloading merchandise from a commercial vehicle or a vehicle temporarily being utilized in the transport of merchandise". The City Code also sets a time limit of no longer than 20 minutes for that purpose. Randy Busch of Best Express understands that, if this is established, that he would be subject to the same 20 minute limit as would anyone else. It should be noted that there have been requests for parking restrictions in other areas adjacent to the Courthouse, but this is the first request by a commercial venture. Council has previously been reluctant to establish two hour restrictions for residential parking, citing problems with establishing precedent. In reviewing all options, a loading zone at this particular location seems reasonable. The Police Chief concurs that this would be an enforceable option. It should be noted that a group of downtown merchants recently met with City staff to discuss parking inventory and enforcement issues in other areas of the downtown. Of those attending, loading zones for other locations were not needed. RECOMMENDATION: We recommend that a commercial loading zone be established for a single car length adjacent to 310 South Holmes Street, and a sign be posted for such designation. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: A RESOLUTION OF THE CITY COUNCIL OF SHAKOPEE, MINNESOTA,ESTABLISHING A LOADING ZONE • AT 310 SOUTH HOLMES STREET Mark McNeill City Administrator MM:tw CC: Dan Hughes, Police Chief RESOLUTION NO. 4896 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ESTABLISHING A LOADING ZONE AT 310 SOUTH HOLMES STREET WHEREAS, Section 9.31 of the City of Shakopee, Minnesota, City Code allows Council, by resolution, to establish loading zones; and WHEREAS, the business known as Best Express, 304 South Holmes Street, Shakopee, Minnesota, is one-half block north of the Scott County Courthouse and has had problems with vehicles being parked all day; and WHEREAS, the practice of vehilces being parked all day takes up curb spaces needed for the purpose of loading or unloading merchandise from a commercial vehicle or a vehicle temporarily being utilized in transport of merchandise; and WHEREAS, such loading zones may be installed by order of the City Administrator where in the judgment of the Council a commercial loading zone is justified and duly sign-posted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate City officials hereby are authorized to establish a commericial loading zone to be used for the specific purpose of loading or unloading merchandise from a commercial vehicle or a vehicle temporarily being utilized in transport of merchandise, at 310 South Holmes Street. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 21st day of April, 1998. Mayor of the City of Shakopee Attest: City Clerk § 9 .30 SEC. 9.30. TRUCK PARKING. Subd. 1. Public Property. It is unlawful to park a detached semi-trailer upon any street, municipally-owned parking lot, or other public property. Subd. 2. Residential District. It is unlawful to park a semi-trailer, whether or not attached to a truck-tractor, within an area zoned as a residential district, except for the purpose of loading or unloading the same. Subd. 3. Metered Parking Space. It is unlawful to park a commercial vehicle of more than 3/4th's ton capacity within any metered parking space, but parking of such vehicle for a period of not more than twenty (20) minutes shall be permitted in such space for the purpose of necessary access to abutting property for loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. Subd. 4. Loading Zones and Alleys. Parking of commercial vehicles is permitted in duly designated and sign-posted loading zones, and in alleys, for a period of up to twenty(20) minutes, provided that such alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property for loading or unloading. Subd. 5. Hardship. Upon showing of undue hardship in individual cases the Council may grant modification or exemption from the above provisions and shall forthwith notify the City Engineer, the City Street Department and the Police Department. (Ord. 1, April 1, 1978; Ord. 140, December 29, 1983) SEC. 9.31. LOADING ZONES. The Council may, by resolution, establish loading zones to be used for the specific purpose of C loading or unloading merchandise from a commercial vehicle or vehicle temporarily being utilized in the transport of merchandise. Such loading zones shall be installed by order of the City Administrator where in the judgment of the Council a commercial loading zone is justified and duly sign-posted. (Ord. 1, April 1, 1978) SECTIONS 9.32 - 9.39. Reserved. SEC. 9.40. PARKING RULES IN MUNICIPAL PARKING LOTS AND RAMPS. In municipally-owned parking lots and ramps, the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are sign-posted thereon. It is unlawful to park or leave standing any vehicle backed into a parking place, or to drive in a direction opposite the flow of traffic marked by "one-way" signs or arrows. It is also unlawful to park any vehicle in any municipally-owned parking lot or ramp contrary to the restrictions or limitations sign-posted therein without a permit in writing from the City. (Ord. 62, June 18, 1981) SEC. 9.41. IMPOUNDING AND REMOVING VEHICLES. When any police officer finds a vehicle standing upon a street or municipally-owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this 1993 ed. 844 (\ aSi =_= lit lees--V-1) very—Ilat -e sgery i 0 LOCAL AND LONG DISTANCE COURIER SERVICE FLEET INCLUDES: CARS,VANS,PICK-UPS,HEAVY-DUTY FLATBED TRUCKS P.O. BOX 624 • SHAKOPEE,MINNESOTA 55379 •TELEPHONE: (612)496-2248 • FAX: (612)496-0050 April 15, 1998 City Council Members Shakopee City Hall 129 S. Holmes St. Shakopee, MN 55379 Dear City Council, Best Express Delivery Inc. has been located in Shakopee for six years. Best Express is a courier service that has its headquarters at 3rd and Lewis. Since the expansion of the Scott County Courthouse it has been impossible for drivers to make the important stop at the office. Drivers must drop off paper work on a daily basis. I am requesting a couple of slots in front of 310 Holmes St so drivers may safely enter and exit the office location. Please consider the placement of commercial signs at this location. u, z.".....y.,____-A:Randy Busch CEO\Pres • -r- - ` __�, . .� . v� /s. e. LI , RESOLUTION NO. 4896 A RESOLUTION OF THE CITY OF SHAKOPEE,.MINNESOTA, ESTABLISHING A LOADING ZONE AT 304 SOUTH HOLMES STREET WHEREAS, Section 9.31 of the City of Shakopee,Minnesota, City Code allows Council, by resolution, to establish loading zones; and - WHEREAS, the business known as Best Express,304 South Holmes Street, Shakopee,Minnesota,is one-half block north of the Scott County Courthouse and has had problems with vehicles being parked all day; and WHEREAS, the practice of vehilces being parked all day takes up curb spaces needed for the purpose of loading or unloading merchandise from a commercial vehicle or a vehicle temporarily being utilized in transport of merchandise; and WHEREAS, such loading zones may be installed by order of the City Administrator where in the judgment of the Council a commercial loading zone is justified and duly sign-posted. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate City officials hereby are authorized to establish a commericial loading zone to be used for the specific purpose ofloading or unloading merchandise from a commercial vehicle or a vehicle temporarily being utilized in transport of merchandise, at 304 South Holmes Street. Passed in adjourned regular session of the City Council of the City of Shakopee, .Minnesota, held this 21st day of A ril l 9981998 Mayor of the City of Shakopee Attest: City Clerk 15". D.S. CITY OF SHAKOPEE CONSENT Memorandum __ To: Honorable Mayor and City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police a, I Subject: Code Enforcement Date: April 4, 1998 INTRODUCTION: Staff is requesting authorization to hire a part-time code enforcement officer. BACKGROUND: In the past, seasonal, part-time code enforcement officers have been hired to deal with trash, abandoned cars and other unsightly violations of city code. In 1997, Angela Trutnau, a college law enforcement student filled the position. Section VIII-I of the City's Personnel Handbook provides for the rehire of previous temporary employees. Ms. Trutnau was contacted and did express an interest in filling the position for the 1998 season. Ms. Trutnau dealt with 174 code enforcement cases during 1997. Three of these cases were eventually referred to the Court for resolution, the remainder were cleared by voluntary compliance. This statistic is a positive reflection of this college student's ability to work with the citizens for the betterment of our community. The competitive job market, training, experience and a positive work history are factors which support the rehiring of Ms. Trutnau to fill the code enforcement position for 1998 at Step 3 of the pay plan. The 1998 pay plan for Code Enforcement Officer position is: Step 1 Step 2 Step 3 Step 4 $8.9678 $9.4953 $10.0228 $10.5503 ALTERNATIVES: 1. Authorize the rehiring of Ms. Angela Trutnau to fill the code enforcement position. 2. Do not authorize the rehiring of Ms. Angela Trutnau. 3. Advertise to fill the code enforcement officer position. RECOMMENDATION: Alternative#1 71,13Lk13.3 BUDGET IMPACT: The police department budgeted $9,650 for code enforcement during 1998. The code enforcement officer will work approximately 600 to 700 hours over the next four to five months at $10.02 per hour. ACTION REQUESTED: Authorize the appropriate city officials to rehire Ms. Angela Trutnau for 1998 to fill the p - ,ime code enforcement po 'tion at a rate of$10.0228 per hour. 0 eH,g ; 41 /r Chief of Police SHAKOPEE POLICE DEPARTMENT 15" ' 0. v ' Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police 'vf. SUBJECT: Acceptance of Resignation- Sgt. Raymond Erlandsen; and that the Police Civil Service Commission be requested to begin the promotion process to fill the vacancy DATE: April 09, 1998 INTRODUCTION: Council is asked to accept the resignation of Sgt. Raymond Erlandsen, effective April 30, 1998. BACKGROUND: Attached is a letter of resignation from Sgt. Raymond Erlandsen indicating that he will be retiring from the Police Department. Sgt. Erlandsen began his employment on September 4, 1989, as a police officer. Sgt. Erlandsen has served the City well over the years and will be truly missed for his knowledge of the City and his experience. Staff is requesting that the Police Civil Service Commission be requested to begin the promotion process to fill the vacancy. RECOMMENDATION: Staff recommends that his resignation be accepted and that the Police Civil Service Commission be requested to begin the promotion process to fill the vacancy. ACTION REQUESTED: 1. If the Council concurs, it should be by motion to accept the resignation of Raymond Erlandsen, as Sergeant for the Shakopee Police Department of the City of Shakopee effective, April 30, 1998. 2. Move to request that the Police Civil Service Commission to begin the promotion process to fill the vacancy. 3. Offer Resolution No. 4886, a Resolution of Special Commendation to Raymond Erlandsen, and move its adoption. DH:pm RESOLUTION NO. 4886 A RESOLUTION OF APPRECIATION TO RAY ERLANDSEN WHEREAS, Ray Erlandsen was hired September 4, 1989, as a police patrol officer and promoted to Sergeant on December 19, 1990; and WHEREAS, Sergeant Ray Erlandsen, as the Training Officer devised and implemented a Training Assignment Tracking Form that has greatly improved mandatory and non-mandatory training and record keeping for all personnel; and WHEREAS, Sergeant Ray Erlandsen unselfishly contributed many hours of preparation for Shakopee Citizen's Police Academy, which was held at the Police Department twice a year starting in March of 1993, and WHEREAS, Ray Erlandsen will be resigning his position with the City of Shakopee Police Department effective April 30, 1998. NOW THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Police Department and City and staff,that the Shakopee City Council does hereby extend to Ray Erlandsen the deep appreciation of the City for his eight years of professional and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee,Minnesota, held this 21st day of April, 1998. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee POLICE DEPARTMENT �r „; �� •t KKOp4a�0 476 South Gorman Street '' O * - % �� ',1�� j SHAKOPEE,MINNESOTA 55379 l� 30°Islet Tel. 612/445-6666 f�► , ` 02t. Fax. 612/445-2313 pAKOPEE H111 itt NESD March 26, 1998 Dan Hughes Chief of Police Shakopee Police Department 476 Gorman Street Shakopee, Minnesota �Dear Chief Hughes ;, Please accept this letter of resignation effective April 30, 1998. Although law enforcement has been a major part of my life, I find it necessary to "move on" to new horizons. I will miss much of that part ofsanrorg nizatiome an that a serves the great commun tyopride so well. to bep I would like to take this opportunity to thank all those with whom I have worked; for their support and camaraderie. Please feel free to contact me in sunny_ Arizona if you are in the area. S-ncer-ly, Ray rla dsen To Serve To Protect X5 . 0, 7. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Officer Terry Doyle Severance Agreement DATE: April 16, 1998 INTRODUCTION: At the April 21st City Council meeting,the Council will be asked to consider a severance agreement for retired Police Officer Terry Doyle. BACKGROUND: Police Officer Terry Doyle submitted his resignation by reason of disability effective April 3rd. This was accepted by the Council at the April 7th meeting. Terry had served the department for 23 years. • As this is a disability, there were severance benefits which were negotiated with Terry. The City Attorney is placing those into a written form, which will be provided to Terry. After his review, this will be forwarded to you as the Council, likely to be placed on the table at the April 21st meeting. You will be asked to consider the agreement. RECOMMENDATION: If acceptable, the Council will be asked to pass a motion to approve the agreement. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize execution of the agreement by and between the City of Shakopee, Minnesota, and Terry Doyle, for severance benefits. '1 J1 J Mark McNeill City Administrator MM:tw AGREEMENT W15—, i9 7 THIS AGREEMENT, is made between the CITY OF SHAKOPEE ("City") and Officer TEHERENCE A. DOYLE ("Doyle") as of the — day of April. 1998. RECITALS WHEREAS. Officer Doyle has served the City as a police officer and now wishes to retire based on a physical disability; and WHEREAS, Officer Doyle has submitted a physician's report indicating that Officer Doyle is no longer physically able to perform the duties of a police officer; and WHEREAS,PERA has determined that Officer Doyle qualifies for a disability retirement; NOW, THEREFORE, City and Doyle agree as follows: 1. Doyle will permanently retire based on disability status effective as of April 3, 1998, and will no longer be employed by City as police officer from that date forward. 2. Doyle will immediately and irrevocably surrender his peace officer's license to the Minnesota Board of Peace Officer Standards and Training (POST) Board; and will at the same time provide to the City copies of documents related to the surrender of his license. 3. City agrees to pay Doyle a lump sum dollar amount equal to 80% of his accrued sick leave, as of the above date of retirement, according to the records of the City. 4. Doyle shall be eligible for continued health insurance coverage as set forth in Minnesota Statutes, Section 299A.465, and the City shall be entitled to reimbursement from the Department of Public Safety for such costs . CITY OF SHAKOPEE By Mayor Teherence A. Doyle By r City Administrator By City Clerk 69Z—d ZO/ZO d l!E-1 01E61EEZI9 N3A10 V 43NN3N—woad Wd91:Zl 86—OZ—JdY AGREEMENT l5 0. r), r) THIS AGREEMENT. is made between the CITY OF SHAKOPEE ("City") and Officer TEHERENCE A. DOYLE ("Doyle") as of the — day of April, 1998. RECITALS WHEREAS, Officer Doyle has served the City as a police officer and now wishes to retire based on a physical disability: and WHEREAS, Officer Doyle has submitted a physician's report indicating that Officer Doyle is no longer physically able to perform the duties of a police officer; and WHEREAS.PERA has determined that Officer Doyle qualifies for a disability retirement: NOW. THEREFORE, City and Doyle agree as follows: 1. Doyle will permanently retire based on disability status effective as of April 1 1998, and will no longer be employed by City as police officer from that date forward. 2. City agrees to pay Doyle a lump sum dollar amount equal to 80% of his accrued sick leave, as of the above date of retirement, according to the records of the City. 3. Doyle shall be eligible for continued health insurance coverage as set forth in Minnesota Statutes, Section 299A.465, and the City shall be entitled to reimbursement from the Department of Public Safety for such costs . CITY OF SHAKOPEE By Mayor Teherence A. Doyle By City Administrator By City Clerk 68E—d ZO/ZO'd ZZP-1 OlE61EEZ18 049 I A03NN3Y—woa wd d l9:Zo 86—R—ada CITY OF SHAKOPEE Memorandum CONvENT • TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Change Order No. 3 - Fire Station Project DATE: April 17, 1998 • INTRODUCTION: The Council is asked to consider a change order in favor James Steele Construction Co., in the amount of$4,869, as Change Order No. 3. BACKGROUND: Building Committee Chair Mary Athmann has provided me with Change Order No. 3, a copy of which is attached. As shown, about half of the change order relates to heating,plumbing, grout, and insulation work. The majority, $2,154, is for a modification to the bell stand which will permit the installation of a plaque, memorializing past Shakopee Fire Fighters. BUDGET IMPACT: The total amount of the change order is $4,869. This was anticipated and included in the most recent project budget analysis; money is available for this purpose. RECOMMENDATION: I recommend that Change Order No. 3 be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute Change Order No. 3 in favor of James Steele Construction Co., in the amount of$4,869. IPS Mark McNeill City Administrator MM:tw CHANGE Distribution to: ORDER OWNER ARCHITECT FIELD OTHER AIA DOCUMENT G701 PROJECT: CHANGE ORDER NO.: THREE (3) Shakopee Fire Station #2 Veining Drive. Shakopee, MN 55379 TO: INITIATION DATE: April 3, 1998 James Steele Construction Co. 1410 Sylvan St. ARCHITECT'S PROJECT NO.: 1087.05 St. Paul, MN 55117 CONTRACT FOR: Complete Construction CONTRACT DATED:April 20, 1997 You are directed to make the following changes in this Contract: 1. Proposal request# 14 Re-route the Apparatus bay RWL piping. $ 462..00 ( Mech. Engr. requested) 2. Proposal request# 15R,( Revised) • Bell stand modifications &additions $ 2,154.00 (Owner requested ) 3. Proposal request# 17 Provide additional sound attenuation insulation in various interior $ 768.00 partition walls, (Approx. 166 L.F. ). ( Owner requested) 4. Proposal Request# 18 Add three, (3 ), 2" diameter full port ball valves to the return boiler water line ahead of $ 539.00 each of the three boilers. ( Owner requested ) 5. Remodel HM Door& Frame# tot $ 494.00 (Arch. Requested) • 6. Proposal Request#21 Addition or colored grout, ( It. pewter), at CT base course in restrooms. $ 452.00 ( Owner requested ) 7. ASI # 1. Plan dimension clarifications No Cost Change 8. ASI#2, Layout of Project Sign. No Cost Change 9. ASI#3, Additional instruction of light fixtures& hand dryers. No Cost Change 10. ASI#4, Clarification of Type"L" light fixtures. No Cost Change 11. ASI #5,Clarification of rain & snow catch pans in dormers. No Cost Change 12. ASI #6,Responses to RFI's#018 &019. No Cost change 13. ASI #7, Clarifications on lighting revisions. No Cost Change 14. ASI#8, Clarification on main lobby light fixture change to semi-recessed down cans. No cost Change Total of C.O. #3, including all Overhead & Profit $ 4,869.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was $ 2,455,325.00 Net change by previously authorized Change Orders $ 40,084.00 The Contract Sum prior to this Change Order was $ 2,495,409.00 The Contract Sum will be increased by this Change Order $ 4,869.00 The new Contract Sum including this Change Order will be $ 2,500,278.00 The Contract Time will not be changed Authorized: Boarman Kroos Pfister Vogel &Assoc. James Steele Construction Co.. City of Shakopee. 222 N. 2nd Street 1410 Sylvan Street 129 Holmes Street Minneapolis, MN 55401 St. Paul, MN 55117 Shakopee. MN 55379 ARCHIT„ T CONTRACTOR OWNER B o(01.044- Uijk BY Date -41/3 /8 Date 4- S-98 Date AIA DOCUMENT C701 * CHANGE ORDER * APRIL 1978 EDITION * AIA * 1978 THE AMERICAN INSTITUTE OF ARCHITECT, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • 2 /S. E. 1. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Parking Exemption DATE: April 13, 1998 INTRODUCTION: The Council is asked to waive for one day parking restrictions on Adams Street(CSAH 15),to accommodate a graduation party. BACKGROUND: Attached is a memo from Barb Potthier, a resident at 642 Adams Street South. The section of Adams Street where the Potthier's live is normally designated at"No Parking". That was so designated April 12, 1994 in Resolution No. 3983 by the City Council. The reason for that resolution,was to accommodate Scott County's request, which facilitated an agreement to improve CSAH 15 from 6th Avenue to 13th Avenue. This was referred to the Police Department, who spoke with the County Engineer. As shown in Chief Hughes' memo, the County will normally consider exemptions on County Roads when not within the City jurisdiction. The Engineer said that this situation is within Shakopee, and he would defer to the City's position. The Police Department has recommended that a one time parking exemption be granted. Affected signs would have to be"bagged" for the day. In discussing this with the City Attorney,he notes that the City Code does not specifically address this particular type of parking issue. In other situations,however,the Chief of Police is allowed to take certain action regarding parking when authorized by the City Council. He believes that the City Council should take formal action by motion to grant the exemption. RECOMMENDATION: We recommend that the Council authorize an exemption from the"No Parking"restriction in the 600 and 700 blocks of Adams Street South for June 7, 1998. Post-it®Fax Note 7671 Date3/t� 9 Ipages� To From // / / C., 4 Co. • Phone#105,_JJ/ Phone#-/� '5‘5-00 fO ��� Fax# �' JYiJ Fax# 4/z/6-, 3/3 qs— 67 8 ACTION REQUIRED: If the Council concurs, it should, by motion, authorize an exemption from the"No Parking" • restriction in the 600 and 700 blocks of South Adams Street, for Sunday, June 7th. 7/1J1J21-4' Mark McNeill City Administrator MM:tw CC: Dan Hughes, Chief of Police Bruce Loney, P.W. Director SHAKOPEE POLICE DEPARTMENT Memorandum To: Mark McNeill, City Administrator From: Dan Hughes, Police Chief Dt4.- Date: April 3, 1998 Subject: Adams Street Parking Exemption Deputy Chief Poole spoke with Brad Larson, Scott County Engineer, about the City granting a one time parking exemption on Adams Street. His stated position is the County grants exemptions on County roads which are not within City jurisdiction in conjunction with the Scott County Sheriff's Department on a regular basis. He feels this situation is no different except for the section of County road lies within Shakopee's jurisdiction and he would defer to the City's position. Therefore, I am recommending Barb Potthier be granted the one time parking exemption for the section of Adams Street in front of her residence at 642 Adams Street, Shakopee on June 7, 1998 for her daughter's graduation party. March 27, 1998 To: Mayor Brekke and City Council Members Mark McNeill, City Administrator I live at 642 Adams St. S. in Shakopee and am in the process of planning a graduation party for my daughter for June 7, 1998. I would like to have this party at our home but have a problem with the current parking regulations on Adams Street ( County Rd 15). When Adams Street was reconstructed, on street parking became prohibited because of lack of space. I am requesting a one time variance to the ordinance that prohibits parking on Adams Street. Without being able to park along Adams Street, people attending my daughters graduation party would have to walk at least 1-2 blocks just to get to my house. Because Adams Street (County Road 15) is actually a County Highway, I have spoke to Brad Larson, County Engineer about this matter. He told me the County wouldn't have a problem with parking but I would need to contact the Shakopee Police Department to make any arrangements. I talked to Jerry Poole from the Police Department and he did some research to find out what I needed to do. He basically said I would need to go the City Council for approval because of Resolution #3983 that the Council approved on April 12, 1994 regarding parking on Adams Street (CSAH 15). Enclosed your will find a copy of the City Resolution #3983 and Sec. 7.03 Traffic and Parking Control Ordinance. I can be reached during the day at 445-8244 or in the evening at 496-1694 if you need any further information. Thank you. Barb Potthier 642 Adams Street South Shakopee, MN 55379 RESOLUTION NO. 3983 A RESOLUTION RESTRICTING PARKING ON COUNTY STATE AID HIGHWAY 15 BETWEEN 13TH AVENUE AND 6TH AVENUE SP 70-615-06, SAP 70-615-07, AND SAP 166-020-06 WHEREAS, the County of Scott. has planned the improvement of County State Aid Highway (CSAH) 15 from 13th Avenue to 6th Avenue; and WHEREAS, the County of Scott will be expending County State Aid Highway Funds on the improvement of this street; and - WHEREAS, since this improvement lacks adequate width for parking on both sides of the street, approval of the proposed construction as a County State Aid Street Project must therefore include certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of CSAH 15 from 13th Avenue to 10th Avenue, and, on both sides of CSAH 15 from 10th Avenue to 6th Avenue so long as CSAH 15 is a County highway. • Adopted in a . City of Shakopee, M'• .ne o• a, held this session c.�tdayheCofy Counc of the 1994. AILAS _4 Mayor, X17117 Shakopee ATTEST: Cil C -rk -i-t / Ci y Atto ey / -'-'��~�{_�rs��^�"�'a�r;aj=.K _.�r�°'�"�,IV•.'rrj= rc-7i.F.?:r:'S..,..Zr�s:. s•rz ty�;�,, A -� § 7.04 application. Provisions specifically referring to bicycles shall be in addition to other provisions of these Chapters applying to vehicles. (Ord. 1, April 1, 1978) SEC.7.02. SCOPE AND ORDERS OF POUCE OFFICER. Subd. 1. Scope. The provisions of Chapters 7, 8 and 9 relate exclusively to the streets, alleys and private roads in the City, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets, alleys and private roads. Subd. 2. Orders of a Police Officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic. (Ord. 1, April 1, 1978) SEC.7.03. TRAFFIC AND PARKING CONTROL • Subd. 1. Council Action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the Council shall first have approved and directed the same, except as otherwise provided in this Section; provided, that when traffic and parking control is marked or sign-posted, such marking or sign-posting shall attest to Council action thereon. Subd. 2. Temporarily Restricting or Directing Traffic and Parking: Curb Painting. A. When clearly marked, barricaded or sign-posted, traffic and parking may be temporarily restricted for any public or private use. All such restrictions shall be in accordance with the uniform policy promulgated by the City Administrator who may act through the Chief of Police, but who shall be ultimately responsible to the Council for the proper enforcement thereof. B. Restricted or prohibited use of parking and traffic lanes may be designated by painting the same upon streets and curbs. Such work shall be done under the direction of the City Administrator and in compliance with the provisions of Chapters 7, 8 and 9. C. It is unlawful to use traffic or parking lanes contrary to sign-posting or marking authorized and described by this Section. D. Experimental restrictions and directions may be placed on traffic and parking by the City Administrator, and it shall be the City Administrator's duty to do so when an extra-hazardous condition is observed or arises. It is unlawful to violate any restriction or direction when the same has been duly marked, barricaded or sign posted. (Ord. 1, April 1, 1978; Ord. 337, July 23, 1992) SEC.7.04. ICE AND SNOW ON PUBUC SIDEWALKS. Subd. 1. Ice and Snow a Nuisance. All snow and ice remaining on public sidewalks is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within twenty-four(24) hours after such snow or ice has ceased to be deposited upon property zoned commercial and within thirty-six(36)hours after such snow or ice has ceased to be deposited upon property zoned other than commercial. page revised in 1995 713 )5E42 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco Regulations DATE: April 16, 1998 INTRODUCTION: The City Council is asked to consider setting a public hearing to discuss possible amendments to the City' s tobacco ordinance. BACKGROUND: At the regular City Council meeting on April 7, 1998, Councilor DuBois advised the City Council that the Scott County Board had recently adopted a new ordinance relating to regulating the sales of tobacco products. She explained that the County' s fines for violations were greater than those of the City and suggested that the City consider changing their fines to match those of the County. Pursuant to 1997 legislation, 30 day notice to tobacco licensees must be given by a municipality prior to substantially amending current tobacco regulations. If City Council desires to amend the City' s fines for violations, a date for considering such an amendment should be set. It is recommended that the date be no earlier than June 2nd. Attached is a copy of the County' s new tobacco regulations as well as a summary of the differences between the County ordinance and the City ordinance. Council may also wish to consider additional amendments to the City' s ordinance at the same time they consider amending the fines. Also, there were some changes in the State law which will also need to be incorporated into any new ordinance. For example, State law now requires at least one unannounced compliance check each calendar year. Tobacco Regulations April 16, 1998 Page -2- I have spoken with Julie Woodruff, Scott County Coordinator, Minnesota ASSIST, about the City Council' s desire to look at the City ordinance relating to fines for violators. Ms . Woodruff asked me to relay to you that she would urge the City Council to seriously consider making the City ordinance consistent with the County ordinance. She strongly recommends that the City ordinance not be watered down to be consistent with State law. She is available to attend a meeting on the tobacco ordinance on either June 2nd or June 16th. She advised me that she would be more than willing to attend a worksession prior to the public meeting to provide the Council with information on the new State law compared to the County ordinance. She recommended Tuesday, May 26, 1998, at 4 :30 p.m. The session could be limited to an hour or an hour and one-half . (Board of Review will be meeting at 7 :00 p.m. this same evening. ) RECOMMENDATION: It is recommended that the City Council set Tuesday, June 2, 1998, to consider amending the Shakopee City Code regulating the sales of tobacco to make it consistent with the Scott County ordinance and State law. Notices would then be mailed to all tobacco licensees advising of the meeting date and the nature of the meeting. This type of notice would give the Council the ability to make changes not only to the fines for violations, but all or any other changes to bring the City ordinance closer to the County ordinance. RECOMMENDED ACTION: Set Tuesday, June 2, 1998, at 7 :30 p.m. to consider amendments to the tobacco ordinance to make it consistent with the Scott County ordinance and State law. Determine whether or not to hold a worksession to meet with Ms. Woodruff prior to June 2nd. COMPARISON OF TOBACCO ORDINANCES OF SCOTT COUNTY AND THE CITY OF SHAKOPEE APRIL, 1998 1. Scott County ordinance relating to instruction of employees regarding sales of tobacco is more ambitious than Shakopee's. 2. Scott County ordinance does not prorate license fees and Shakopee's does. 3. Scott County ordinance does not allow sales by means of any type of vending machine. Shakopee ordinance allows vending machines in a factory,business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access. 4. Scott County ordinance does not allow sales by means of self-service without the assistance of the licensee. Shakopee allows self-service merchandising of cigarette cartons from a display rack equipped with clear shields,when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plain view of a clerk. 5. Exception to#4 above: Scott County ordinance allows self-service merchandising of tobacco products ONLY in establishments that sell only tobacco-related products if persons under 18 are prohibited from the establishment unless accompanied by a parent. 6. Under the Scott County ordinance, it is a petty misdemeanor for anyone under the age of 18 to sell, furnish, or give away any tobacco products. Under the City ordinance, a person under 18 may do so with written consent from his or her parents. 7. Scott County hearing of a suspected violation is held before the Scott County Administrator as the appointed hearing officer. Appeal of the hearing officer's decision is filed with the Scott County Board. Shakopee's hearing is before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act. 8. Scott County shall conduct at lease one unannounced compliance check each calendar year. Shakopee ordinance is silent on this. 9. Scott County provides 30 days mailed notice of proposed amendments to their ordinance to the Scott County Community Health Services and tobacco retailers. Shakopee ordinance is silent on this. 10. Scott County ordinance penalties for violations are greater than those of Shakopee. h:\judy\licenses\tobacco APR- 8-98 WED 14:50 ADMINISTRATION FAX NO. 6124968180 P. 02 SCOTT COUNTY RETAIL TOBACCO SALES ORDINANCE NO. 17 AN ORDINANCE REGULATING THE SALE OF TOBACCO-RELATED PRODUCTS 1.0 TITLE. This ordinance shall be known, cited and referred to as the Scott County Retail Tobacco Sales Ordinance and shall be referred to herein as the Ordinance. 2.0 PURPOSE. The Scott County Board of Commissioners finds that substantial scientific evidence exists that use of tobacco-related products causes cancer, heart disease, and various other medical disorders. This Ordinance is adopted for the purpose of promoting the health, safety and general welfare of the residents of Scott County, particularly those residents under eighteen(18)years of age, by prohibiting the sale or dispensing of tobacco products through vending machines and regulating self-service merchandising and sales of tobacco products. 3.0 JURISDICTION. The provisions of this Ordinance will apply to all businesses selling tobacco-related products within the unincorporated areas of Scott County, and in any town or a home rule charter or statutory city within the county, if the town or city does not license and regulate retail tobacco sales. 4.0 APPLICATION OF RULES. The language contained in this Ordinance shall be interpreted in accordance with the following rules as applicable: 1. The singular includes the plural and the plural includes the singular. 2. The present includes the past and future tenses, and the future tense includes the present tense. 3. The word "shall" is mandatory, and the word "may" is permissive. 4. In the event of conflicting provisions, the more restrictive shall apply. 5. The provisions of this Ordinance shall be construed and interpreted to give full force and effect to its intent and purpose. APR- 8-98 WED 14:50 ADMINISTRATION FAX NO. 6124968180 P 03 6. In their interpretation and application,the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of health, safety and welfare. 7. The meanings of words,unless otherwise defined herein, shall have the meaning given in other applicable Scott County ordinances,state statutes and rules, and federal laws. 5.0 DEFINITIONS. • The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Adult- A person eighteen(18)years of age or older. Applicant-A person as defined herein, who completes or signs an application for a license to sell tobacco-related products individually or on behalf of a business. Business - A business selling tobacco-related products. License Holder-The owner of a business licensed to sell tobacco related products. Finance Division-The Scott County department charged with the enforcement of the Ordinance. Minor-A person under the age of eighteen (18) years. Movable Place of Business - A business whose physical location is not permanent or is capable of being moved or changed. Person- One (1) or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. Self-service merchandising- A method of displaying tobacco-related products so as to make the products accessible to the public without the intervention of an applicant, license holder or their agents or employees. Tobacco-related products- Cigarettes, cigars, cheroots, stogies, perique, granulated,plug cut,crimpt cut, ready, rubbed and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing tobaccos; shorts,refuse scripts, clippings,cuttings, and sweepings of tobacco; and other kinds of forms of tobacco prepared in such manner as to be suitable for chewing, sniffing, or smoking in a pipe, rolling paper or other tobacco-related devices. 2 APR- 8-98 WED 14:51 ADMINISTRATION FAX NO. 6124968180 P. 04 Vending machine-Any mechanical, electric or electronic, self-service device which, upon insertion of money,tokens or any other form of payment,dispenses tobacco products and includes vending machines equipped with manual, electric or electronic locking devices. 6.0 LICENSE REQUIRED. • No person shAll keep for retail sale, sell at retail or otherwise dispense any tobacco- related product at any place within the jurisdiction of this Ordinance without first obtaining a license and paying a license fee. 1. Application, An application for a license to sell tobacco or tobacco-related products or devices shall be made on a form provided by the Finance Division. The application shall include,but is not limited to,requiring the full name of the applicant,the applicant's residential and business address and telephone numbers,the name of the proposed license holder, the business location for which the license is sought, and a copy of the educational materials the applicant intends to use to educate employees. The completed application along with the application fee shall be submitted to the Finance Division for approval. ll'the Finance Division determines that an application is incomplete, it shall be returned to the applicant with notice of the deficiencies. 2. Action. The Finance Division may either approve or deny the license or may delay action for such reasonable period of time to permit the completion of any investigation of the application or the applicant deemed necessary. If the license application is approved, a license shall be issued to the applicant. If the application is denied, a notice of denial shall be sent to the applicant at the business address provided on the application with the reason(s) for the denial. The notice shall also inform the applicant of the right to appeal the Finance Division's decision to the hearing officer, as appointed by the Scott. County Board, or his designee,pursuant to the process set forth in section 11.0 herein. If a license is mistakenly issued to an applicant or license holder, or renewed, it shall be revoked by the Finance Division upon the discovery that the person, applicant, or license holder was ineligible for the license under this section. 3. Term. All licenses shall be issued for a period of one year. The license period is from January 1 to December 31. 4, Revocation or Suspension. Any license issued under this section may be revoked or suspended as provided in the Violations and Penalties section of this ordinance pursuant to the process set forth in section 10.0, 5. Transfers. All licenses issued under this section shall be valid only on the business premises for which the license is issued and shall be exhibited to any person upon request. 6. Display. Every license shall be conspicuously posted at the place of business for which the license is issued and shall be exhibited to any person upon request. 3 APR- 8-98 WED 14:51 ADMINISTRATION FAX NO. 6124968180 P. 05 • 7. Renewals. The renewal of a license under this section shall be handled in the same manner as the original application, The request for renewal shall be made at least thirty (30)days but no more than sixty(60) days before the expiration of the current license. The issuance of a license under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to automatic renewal of the license. 8. Instructional Program. No person shall be issued a license or renewal license to sell tobacco-related products unless an applicant or license holder has an approved program for instructing all employees regarding the legal requirements pertaining to the sale of tobacco- related products at the business premises for which the license was issued. The instructional program shall include,but is not limited to,reviewing the law on the sale of tobacco-related products and requiring employees to request identification from every customer who is under 27 years of age. No license shall be issued unless the applicant or license holder signs a county form attesting that each employee of the applicant or license holder has received training and instruction on the sale of tobacco-related products and the date such training occurred. The training shall include information that the sale of tobacco-related products to minors is illegal, explanation of what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal and/or civil liability. 9. Denials. The following shall be grounds for denying the issuance or renewal of a license under this section. The following list is not exhaustive or exclusive: a. The applicant is under the age of eighteen (18)years. b. The applicant has been convicted within the past five (5)years of a violation of any provisions of this Ordinance or a violation of a federal, state, or local law, ordinance, or other regulations relating to tobacco or tobacco-related products or devices. c. The applicant or license holder has had a license to sell tobacco or tobacco-related products or devices revoked within the preceding twelve (12)months of the date of application, or is subject to penalties under section 10.0. d. The applicant fails to provide any information required on the license application, or provides false or misleading information. e. The applicant or license holder has outstanding fines,penalties, or property taxes owed to the county. 7.0 LICENSEE FEE. The application fee shall be determined by the Scott County Board of Commissioners and shall be paid at the time of application. License fees are not pro-rated. 4 APR- 8-98 WED 14:52 ADMINISTRATION FAX NO. 6124968180 P. 06 • 8.0 PROHIBITED SALES. 1. Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco, tobacco product,or tobacco-related device: a. To any person under the age of eighteen(18)years. b. By means of any type of vending machine. c, By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder,their agents or employees. All tobacco-related products shall be stored behind a counter. d. By any other means, or to any other person, prohibited by federal, state,or other local law, ordinance provision,or other regulation. 2. Exception. A license holder who operates an establishment that sells only tobacco-related products is exempt from the self-service merchandising provision if the license holder prohibits anyone under eighteen (18) years of age from entering the establishment, unless accompanied by a parent, and the license holder conspicuously displays a notice prohibiting persons under eighteen(18)years of age from entering the establishment unless accompanied by a parent. 9.0 MOBILE SALES. No license shall be issued for the sale of tobacco-related products at a movable place of business, including but not limited to,motorized vehicles,mobile sales kiosks, or trailers. 10.0 VIOLATIONS AND PENALTIES. 1. Revocation or Suspension. Any violation of this Ordinance shall be grounds to revoke or suspend a license. 2. Criminal Penalty. As set forth in Minnesota Statutes Chapter 609: a. It shall be a gross misdemeanor for anyone to sell tobacco or tobacco-related products to a person under the age of eighteen(18) years. b. It shall be a misdemeanor to furnish tobacco-related products to a person under the age of eighteen(18) years. c. It shall be a petty misdemeanor for anyone under the age of eighteen(18)years to smoke, chew, sniff or otherwise use, tobacco or tobacco-related products. 5 APR- 8-98 WED 14:52 ADMINISTRATION FAX NO. 6124968180 P. 07 d. It shall be a petty misdemeanor for anyone under the age of eighteen(18) years of age to have in his or her possession any tobacco-related products. This section shall not apply to an employee of the license holder under the age of eighteen (18)years while stocking tobacco-related products or lawfully involved in a compliance check., e. It shall be a petty misdemeanor for anyone under the age of eighteen(18)years to purchase,or attempt to purchase tobacco-related products, or for any person to purchase or otherwise obtain such items on behalf of a minor. This section shall not apply to a person under the age of eighteen(18)years who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training,education,research, or enforcement purposes. f. It shall be a petty misdemeanor for anyone under the age of eighteen(18)years to sell,furnish, or give away any tobacco-related products. g. It shall be a petty misdemeanor for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the minor has been modified or tampered with to represent an age older than the actual age of the minor. h. Upon discovery of a suspected violation,the Scott County Sheriff's Office shall investigate and if appropriate, shall issue a criminal citation to the individual who made the prohibited sale and,where appropriate,to the minor who purchased the tobacco, as set forth in the previous paragraphs of this subsection. 3. Civil Enforcement, The license holder shall be responsible for the conduct of its agents or employees while they are on the licensed premises. Any violation of this Ordinance shall be considered an act of the license holder for purposes of imposing a civil penalty, license suspension,or revocation. Each violation, and every day in which a violation occurs or continues,shall constitute a separate offense. a. Notice of Violation. Upon the occurrence of a suspected violation, the Scott County Sheriff's Office shall inform the Finance Division of the suspected violation. The Finance Division shall then send to the license holder a written notice of the civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this ordinance pursuant to section 11.0. b. Civil Penalties. Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this Ordinance or the laws of the State of Minnesota as follows; 1. First Violation. The first violation of this Ordinance shall be punishable by a civil penalty of$300, a suspension of thirty (30)days and administrative costs of$100.00. 6 APR- 8-98 WED 14:53 ADMINISTRATION FAX NO, 6124968180 P 08 2. Second Violation. A second violation of this Ordinance within any 36- month period shall be punishable by a civil penalty of$700, a suspension of the license of ninety(90)days and administrative costs of$125.00. 3. Subsequent Violation. A third or subsequent violation of this Ordinance within any 36-month period shall be punishable by a civil penalty of$1,000, the revocation of the license and administrative costs of$150.00. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of bvo (2)years after the revocation. c. Any individual under the age of eighteen(18) years who attempts to purchase, purchases or possesses tobacco shall be subject to a civil fine of$100 and administra- tive/education costs of$50.00. Any individual under the age of eighteen (18)years who attempts to purchase or purchases tobacco with a false, forged or fake identification shall be subject to a civil fine of$100 and administrative/education costs of$50.00. d. Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this ordinance or Minnesota Statutes Section 609.685. 11.0 HEARING ON DENIAL OR VIOLATION. 1. Notice of violation. Upon discovery of a suspected violation,the alleged violator shall be issued,personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of the right to be heard regarding the alleged violations. 2. Hearing. Following receipt of a notice of denial issued under section 6.0 or a notice of a violation and penalty issued under section 10.0,an applicant or license holder may request a hearing before the Scott County Administrator, as appointed hearing officer by Scott County Board of Commissioners, or his designee. A request for a hearing shall be made by the applicant or license holder in writing and filed with the Finance Division within ten (10) days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing,the applicant or license holder shall be afforded an opportunity for a hearing before the hearing officer. 3. Findings. If after the hearing,the applicant or license holder is found ineligible for a license, or in violation of this ordinance,the hearing officer may affirm the denial, impose a fine, issue a suspension or revocation, or impose any combination thereof as set forth in section 10.0. The decision shall be in writing and set forth the reasons for the findings of the hearing officer. A copy shall be provided to the applicant or license holder. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and copy provided to the applicant or license holder. 7 APR- 8-98 WED 14:53 ADMINISTRATION FAX NO. 6124968180 P. 09 4. Appeal. Appeals of any decision made by the hearing officer may be filed with the Scott County Board of Commissioners. Any appeal of the decision of the hearing officer must be filed in writing within ten days of the mailing of the hearing officer's decision. Appeals of the decision of the Scott County Board of Commissioners shall be filed in District Court. 5. Default. If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the ten(10) day period, then the denial,penalty,suspension and/or revocation imposed pursuant to section 10.0 shall take immediate effect by default. The Finance Division shall mail notice of the denial, fine, suspension, and/or revocation to the applicant or license holder. The Scott County Sheriff's Office shall investigate compliance with the suspension or revocation. 12.0 COMPLIANCE CHECKS. All licensed premises shall be open to inspection by local law enforcement during regular business hours. The Scott County Sheriffs Office shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Minnesota Statutes Section 609.685 and this ordinance. Compliance checks shall utilize minors over the age of fifteen (15),but under the age of eighteen(18), who, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the supervision of a law enforcement officer or other designated personnel. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational research or training purposes or required for the enforcement of a particular state or federal law. 13.0 AFFIRMATIVE DEFENSE. It is an affirmative defense to a charge under this Ordinance if the license holder proves by a preponderance of the evidence that the license holder reasonably and in good faith relied on proof of age as described in.Minnesota Statues Section 340A.503, subd, 6, in making the sale of tobacco-related products. 14.0 SEVERABILITY. If any provision of this Ordinance is for any reason held to be invalid, that provision of the Ordinance shall be considered severable from the rest of the Ordinance and any decision declaring a provision of this Ordinance to be invalid shall not affect the validity of the remaining provisions of this Ordinance. 15.0 NOTICE. The County shall make reasonable efforts to send the Scott County Community Health Services and tobacco retailers thirty (30)days mailed notice of proposed amendments to this ordinance. 8 APR- 8-98 WED 14:54 ADMINISTRATION FAX NO. 6124968180 P. 10 16.0 EFFECTIVE DATE, This Ordinance shall be in full force and effect from and after 1998. Adopted this day of , 1998,by the Scott County Board of Commissioners SCOTT COUNTY By Art Bannerman, Chair Scott County Board of Commissioners Date: , 1998 Attest: David J.Unmacht Scott County Administrator Date: , 1998 Approved as to form: 6 p5-0 Thomas J. Harbinson ✓� Scott County Attorney Date: , 1998 Lijf4.143:6fire).\, to6 9 „: ,,,,.,, - 4' w fl CENTURY 1 897- 1997 of Success TO: Mayors and City Administrators MINNESOTA GROCERS FROM: Nancy Christensen,Executive Director ASSOCIATION DATE: September 12, 1997 SUBJ: State Law Retail Tobacco Ordinance On behalf of the grocery stores and convenience stores that are members of the Minnesota Grocers Association, I am sending with this memo a model retail tobacco ordinance which was drafted directly from the new state law regulating retail tobacco sales. The new state law became effective August 1, 1997 and requires all cities or counties to adopt specific regulations regarding the sale of tobacco products. We worked closely with the legislature during the past several years to draft this law which will supplement the actions of our members to prevent minors from buying tobacco products. Our members located in your city would appreciate the opportunity to work with you and the city council when a new ordinance is being considered. By working together, we can develop an effective, enforceable ordinance. While you may have already been provided with other model tobacco ordinances, the enclosed model comes directly from the new state law. The new state law has reasonable regulations on retailers and our hope is that you consider this state law ordinance during your deliberations. Please feel free to contact me if you have any questions or comments. Thank you in advance for considering the enclosed ordinance. 533 St.Clair Ave. St.Paul,MN 55102 (612)228-0973 FAX:(612)228-1949 E-mail MGA@MNGrocers.com [Note: The following local retail tobacco ordinance provisions are contained in and are drawn from Chapter 227 of Minnesota Laws, 1997, pertaining to the licensing of the retail sale of tobacco products. Chapter 227 became effective on August 1, 1997]. Ordinance No. THE COUNCIL OF THE CITY OF , MINNESOTA, HEREBY ORDAINS: 1. License. A. No person shall keep for retail sale, sell at retail or otherwise dispose of any tobacco product at any place in the City without first obtaining a license from the City. "Tobacco" is defined as and includes: cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. [Source: Minnesota Statutes Section 609.685]. B. The annual license fee for a retail tobacco license shall be $ per year. All retail tobacco licenses shall be valid for one calendar year from the date that the license is issued. C. Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person upon request. 2. Sales Prohibited to Minors. No person shall sell or offer to sell any tobacco or tobacco product to any person under eighteen (18) years of age. [Source: Minnesota Statutes Section 608.685]. 3. Administrative Penalties. A. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this ordinance, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the City to conduct the hearing. [Source: Minnesota Statutes Section 461.12(2), 1997]. B. An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the City to conduct the hearing. [Source: Minnesota Statutes Section 461.12(3), 1997]. C. It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as follows: 1. A valid driver's license or identification card issued by the State of Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; or 2. A valid military identification card issued by the United States Department of Defense; or 3. In the case of a foreign national, from a nation other than Canada, by a valid passport. [Source: Minnesota Statutes Section 461.12(6), 1997; Minnesota Statutes Section 340A.503, by reference]. 4. Self-Service Sales. A. No licensee shall offer for sale single packages of cigarettes or smokeless tobacco in open displays which are accessible to the public without the intervention of a store employee. [Source: Minnesota Statutes Section 461.18(1)(a), 1997]. B. Cartons and other multipack units may be offered and sold through open displays accessible to the public. [Source: Minnesota Statutes Section 461.18(1)(b), 1997]. C. Section 4(B) of this ordinance will expire upon the effective date and implementation of Code of Federal Regulations, Title 21, Part 897.16(c). [Source: Minnesota Statutes Section 461.18(1)(c) and 461.18(3), 1997]. D. The self-service restrictions described in this Section 4 shall not apply to retail stores which derive at least 90% of their revenue from tobacco and tobacco- related products and which cannot be entered at any time by persons younger than 18 years of age. [Source: Minnesota Statutes Section 461.18(1)(d), 1997]. 5. Vending Machine Sales. No person shall sell tobacco products from vending machines. This section does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. [Source: Minnesota Statutes Section 461.18(2), 1997]. 6. Compliance Checks. The City shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Minnesota Statutes Section 609.685. Compliance checks shall utilize minors over the age of 15, but under the age of 18, who, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the licensing authority. [Source: Minnesota Statutes Section 461.12(S), 19971. This ordinance shall become effective after its passage and publication. Dated: , 199_. City Clerk Mayor Published In the on , 199_ Js. CITY OF SHAKOPEE CONSENT . Memorandum TO: Mayor and Council Mark McNeill, City Administrator From: Gregg Voxland, finance Director RE: Resolution No. 4887 Bank Transfers DATE: April 9, 1998 Introduction & Background As a result of hiring a new Accountant, the list of authorized signatures at Marquette Bank needs to be updated. This is a housekeeping type issue and does not change any procedures currently in effect. Action Requested Move to offer Resolution No. 4887 A Resolution Authorizing Bank Transfers, and move its adoption. Grg Voxland Finance Director n:\cash\city\marqtran.doc CERTIFICATE "Bank") I, Judith S. Cox, do hereby certify Clerk of the Bank, NC ty.A. (ofe Shakopee that I am the duly appointed and qualified City (the "City") , further certify that: Approval of Wire Transfer Agreement The following resolution was duly adopted by the City Council of the City, has not been modified or amended and remain in full force and effect as on the date hereof, and ot t e person nasignature following each name listed below is the genuine signature Resolved, that Resolution No. 4197 authorizing wire of retrtapersfers is ons ersons orders hereby amended to update the personnel so that anytwo or equos named below are authorized to initiate written payment in changes pertaining to the Wire Transfer Agreement, includingchanges security codes, telephone notification, transaction limits, call-back parties and repeat codes. Title Signature Name /q�,,,, vVl �/� Mark McNeill City Administrator /VEL V111 . 1. • 1 Judith S. Cox City Clerk • � ' Gregg M. Voxland Finance Director 1L '- �,� Greg Sticha Accountant Ltd, 21C1AP The authority conferred herein shall continue in full force and effect until written notice of its revocation shall be received by said Bank. _hi_ Witness my hand and the seal of the City of Shakopee this •2 day of April, 1998. n - 1.r sI 6 (signature) ilft I- - , (title) (attest) /5 . E. : RESOLUTION NO. 4887 A RESOLUTION AMENDING RESOLUTION NO. 4179 AUTHORIZING BANK TRANSFERS WHEREAS, the city has a formal fund transfer agreement with Marquette Bank N.A. which the city utilizes as a depository and, WHEREAS, the City finds it necessary to change the authorized personal on that agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 4197 authorizing wire transfers is hereby amended to update the personnel so that any two of the persons named below are authorized to initiate written payment orders or request changes pertaining to the Wire Transfer Agreement, including changes in security codes, telephone notification, transaction limits, call-back parties and repeat codes. Name Title Signature Mark McNeill City Administrator Judith S. Cox City Clerk , iA Gregg M. Voxland Finance Director / / IV 47 Greg Sticha Accountant The authority conferred herein shall continue in full force and effect until written notice of its revocation shall be received by the Bank. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of April, 1998. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4887 A RESOLUTION AMENDING RESOLUTION NO. 4179 AUTHORIZING BANK TRANSFERS WHEREAS, the city has a formal fund transfer agreement with Marquette Bank N.A. which the city utilizes as a depository and, WHEREAS, the City finds it necessary to change the authorized personal on that agreement, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, g wire transfers is SHAKOPEE, MINNESOTA, that Resolution No. 4197 authorizing the personsf named hereby amended to update the personnel so that any below are authorized to initiate written payment orders or request changes pertaining to the Wire Transfer Agreement, including changes in security codes, telephone notification, transaction limits, call-back parties and repeat codes. Signature Title Name 11\— /, �! � � A n � Mark McNeill City Administrator Ij----1(2--- SL J� I City Clerk a "' ''' i J Judith S. Cox 1 / / Director Finance .4.9."-.....Gregg M. Voxland I%7, ' 1/RI ' Greg Sticha Accountant The authority conferred herein shall continue in full fBrce and effect until written notice of its revocation shall be received by theAdopted in _,I„' LA • session of the City Council of the City of Shakopee, Minnesota, held thT ik% • 4 day of April, 1998. Ma or of the City of Shakopee ATTEST: Cit -1.17 , k CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Personnel Policy Revision-Drug Testing . DATE: April 17, 1998 INTRODUCTION: The Council is asked to adopt a resolution which will amend the personnel handbook, and bring the City into compliance with State Law regarding drug and alcohol testing. BACKGROUND: Recently,we became aware that the State Legislature amended the Drug and Alcohol Testing in the Workplace Act to prohibit the disclosure of over-the-counter and prescription medication at the time of the giving of a test sample. This law took effect August 1, 1997. The attached Resolution No. 4890 amends Resolution No. 4213,passed May 2, 1995, deleting the obsolete language in the City's personnel policy. RECOMMENDATION: • In order to be in compliance with State Law,I recommend that the action be approved as described. ACTION REQUIRED: If the Council concurs, it should offer and approve Resolution No. 4890: A RESOLUTION OF THE CITY PEROPEE,SONNELINNESOTA,HANDBOOK�TO DELETE ENDING RESOLUTION NO. 4213, ADOPTING A A PROVISION RELATING TO DRUG TESTING. Si\s‘M Mark McNeill City Administrator MM:tw RESOLUTION NO. 4890 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING RESOLUTION NO. 4213 ,ADOPTING A PERSONNEL HANDBOOK,TO DELETE A PROVISION RELATING TO DRUG TESTING. WHEREAS,on May 2, 1995,the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, effective Aug. 1, 1997,the state Legislature amended the Drug& Alcohol Testing the Workplace Act to prohibit the disclosure of over-the-counter and prescription medications at the time of giving a test sample, it necessary to amend SECTION VI. EMPLOYEE CONDUCT, of the Personnel Handbook. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That Resolution No. 4213,Adopting a Personnel Handbook,is hereby amended as follows: By deleting part of the second sentence of d.Testing Procedure of SECTION VI EMPLOYEE CONDUCT,A.Appropriate Conduct, 7. Drug and Alcohol Policy as follows: d. Testing Procedure. The drug and alcohol testing may be ordered by any department head or the City Administrator. Before undergoing drug or alcohol testing,the employee shall complete a form(1)acknowledging that the employee has seen a copy of the City's drug and alcohol policy,and(2) _ :: ': _ _ -. , . indicating consent to undergo the drug and alcohol testing. Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee Attest: City Clerk DID YOU KNOW ? Employee Drug and Alcohol Testing By Chris Smith — —ost cities are aware that under the reason for its action. Cities may also ing,handling,labeling,and identifica- federal law they are required request or require employees to un- tion of samples to be tested. A city may to perform drug and alcohol dergo drug and alcohol testing as part not discharge or discipline an employ- testing for employees that have of a routine physical examination,pro- ee, or withdraw a job offer on the basis commercial driver's licenses. vided the testing is not done more than of a positive test result that has not been Cities, however, may also once annually and the employee has verified by a confirmatory test. There request or require other em- been given at least two weeks' written are also a number of other rules limit- ._ployees and job applicants to notice that a test may be requested or ing a city's ability to discharge, disci- undergo drug or alcohol tests. Cities required as part of the exam. Random pline, or require rehabilitation of an must follow the strict requirements testing may be requested or required employee due to a positive test result. contained in the Drug and Alcohol only for employees in safety-sensitive New law. Under prior state law, i.—_ Testing in the Workplace Act, Minn. positions.Additionally,a city may re- employees, at the time of giving a Stat.§ 181.950-.957,before testing em- quest or require an employee to un- sample, were to indicate any over-the- ployees or applicants for drug or alco- dergo drug and alcohol testing if the counter or prescription medications hol use. city has a"reasonable suspicion"that they were taking. Effective Aug. 1, Written policy. At a minimum, cit- the employee is under the influence of 1997, the state Legislature amended the ies must have a written drug and alco- drugs or alcohol;has violated city rules Drug and Alcohol Testing in the hol testing policy that sets forth the fol- Workplace Act to prohibit the disclo- lowing information: the employees or sure of over-the-counter and prescrip- applicants subject to testing; the cir- tion medications at the time of giving a cumstances under which testing may be "Cities that test employees and test sample (1997 Minn. Laws ch. 180, requested or required; the right to § 2). Under the new law, if an em- refuse testing and the consequences of job applicants for alcohol and drug ployee or job applicant tests positive for refusal; any disciplinary or other ad- drug use, the city must give written verse action that may be taken based use must ensure that their policiesnotice of the right to explain the posi- on a positive test result; the right to ex- tive test, and the city may request that plain a positive test result or request q comply with the many require- the employee or applicant indicate any and pay for a retest; and any other ap- over-the-counter or prescription medi- peal procedures available. ments of state law. " cations the individual is currently taking Upon adoption of a drug and alco- or has recently taken, and any other in- hol policy, cities must provide written formation relevant to the reliability of notice of the policy to all employees or explanation for a positive test result. and job applicants. A notice stating that prohibiting the use,possession,or sale Conclusion. Cities that test employ- the city has adopted a drug and alcohol of drugs or alcohol; has sustained or has ees and job applicants for alcohol and testing policy must be posted in an ap- caused another employee to sustain a drug use must ensure that their policies propriate and conspicuous location on personal injury; or has caused a work- comply with the many requirements of the city's premises. The city must also related accident. state law. Cities that currently have a make copies of the policy available for Reliability and fairness safeguards. If drug and alcohol testing policy should inspection during regular business hours a city requests or requires employees or review the policy to ensure it complies by employees or applicants in the applicants to undergo drug or alcohol with the new amendment prohibiting clerk's office or other suitable location. testing, it must use the services of a the pre-test disclosure of over-the- Types of testing. Pursuant to its testing laboratory that meets certain counter and prescription medications. policy, a city may request or require criteria established under state law. The Failure to comply with this provision that a job applicant undergo drug and testing laboratory must perform a con- may result in liability under the Ameri- alcohol testing if a job offer has been firmatory test on all samples that pro- cans with Disabilities Act. r made and the same test is requested or duced a positive test result on an initial required of all job applicants for that screening test. The city must establish position. If the job offer is withdrawn, its own reliable chain-of-custody pro- Chris Smith is staff attorney with the the city must inform the applicant of cedures to ensure proper record keep- League of Minnesota Cities. MARCH 1 9 9 8 MINNESOTA CITIES 21 7. Drug and Alcohol Policy. a. In General. The City intends to provide a drug-free, safe, and secure work environment . No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working or on City property or operating a City vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription, or when engaged in authorized Police Department activities. "Under the influence" for alcohol means an alcohol concentration above 0 . 02 . This Policy shall be interpreted consistently with Minn. Stat. Sec. 181. 950 et seq. and applicable federal law. b. Reporting. Employees must report, to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employee' s work day or while conducting City business. A report of the conviction must be made within five days after the conviction as required by the Federal Drug-free Workplace Act of 1988 . c. Subject to Testing. Employees are subject to drug and alcohol testing in the following circumstances : i. Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. ii. Random Testing. An employee in a position in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, commercial motor vehicle, who are required to have a commercial driver' s license, are subject to random testing as required by federal law and regulation. iii. Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has engaged in the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident . iv. Treatment Program Testing. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to 60 months following completion of any prescribed chemical dependency treatment program. d. Testing Procedure. The drug and alcohol testing may be ordered by any department head or the City Administrator. Before undergoing drug or alcohol testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City's drug and alcohol policy, and (2) indicating any ever thc counter or prescription medications tz -t-he—e -leyee—i3 currently taking or has recently taken and any othcr information rcicvant to thc reliability of, or explanation for, a positive tcst result, and 4-3-3- indicating consent to undergo the drug and alcohol testing. e. Testing Laboratory. All drug and alcohol testing shall be handled by a laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181 .953 . f. Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug(s) , alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test . At this time the employee has a right to request and receive a copy of the test result report. If the report shows a positive test result on the confirmatory test, the employee has the right, within five working days after notice of the positive test result, to submit information to the City to explain that result, or to request a confirmatory retest of the original sample at the employee's own expense. If the confirmatory retest shows a negative test result, the City will reimburse the employee for the expense of the retest. The City shall follow the statutory procedures and provide the employee with proper notices. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test shall be taken against the employee. g. Discipline. An employee has the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City's drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee' s own expense or pursuant to coverage under the City's insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. Appeals may be taken under the grievance policy. h. Confidentiality. Results of a sit or alcohol test and terms positive dthe rehabilitation will remain confidential, except as provided by federal regulation. F. Pre-employment Exams. All selected non-promotional candidates must take and pass a pre-employment physical exam, including drug or alcohol testing. The City also may require a promotional candidate to take and pass a pre-employment physical, including drug or alcohol testing. The City may require any candidate to take a psychological test. The City will pay for any required testing, as well as anyre ing. In all respects the candidateshallfollow-upred be treatedt like an employee for purposes of the drug and alcohol testing, and shall be subject to the City' s Drug and Alcohol Policy, except as follows: 1. If a candidate refuses to undergo drug or alcohol testing, the candidate shall be deemed to have withdrawn the candidate' s application for employment. 2. If the candidate undergoes the test and there is a positive test result in a confirmatory test and in any confirmatory retest, the City will withdraw the contingent offer of employment if the City determines in accord with the Minnesota Human Rights Act that alcohol or drug usage or abuse: (1) prevents the job applicant from performing the essential functions of the job in question; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise interferes with a bona fide occupational qualification. VIII-3 157 E. 6) . CITY OF SHAKOPEE Memorandum CON S L.NT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Letter of Credit for Prairie Village 1st Addition DATE: April 17, 1998 INTRODUCTION The developer of Prairie Village 1st Addition has requested that his letter of credit be released. BACKGROUND The developer of the Prairie Village subdivision provided the city with a letter of credit in the amount of $347, 782 . 00 to guarantee the completion of the public improvements . The developer received a reduction of the letter of credit last year upon completion of the utilities. He is now requesting a release of the balance of the letter of credit . The developer' s agreement states that, "Upon completion or partial completion of Plan A Improvements, the City may release all or a portion of the cash, letter of credit or performance bond deposited under Paragraph V (B) , retaining 125% of the City Engineer' s estimate of the cost, including City inspection and administration, to complete the improvements, provided however, that the developer submit a maintenance bond guaranteeing said improvements for a period of one year after final acceptance by the City." I have been advised by the Engineering Department that the street construction has now been completed and is past the one year maintenance period. No maintenance bond is required at this time. ACTION RECOMMENDED Authorize the release of the balance of the letter of credit for Prairie Village 1st Addition. ikdA4 . Jd' th S. ox, ity Clerk