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06/02/1998
TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 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] Approval of Minutes of April 21, 1998 *11] Approve Bills in the Amount of$228,407.75 12] Communications: 13] Public Hearings: A] Proposed vacation of easement between Lot 1 and Lot 2,Block 3,Westridge Lake Estates 2nd Addition-Res.No. 4917 B] Proposed improvements to 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street,Project No. 1998-5 -Res.No.4918 C] Proposed amendments to the Tobacco Ordinance 14] Recommendations from Boards and Commissions: A] Rezoning request for property located south of Gorman Street from Highway Business (B-1)to Multiple Family Residential(R-3)by DMC Company-Ord.No. 516 TENTATIVE AGENDA June 2, 1998 Page -2- 14] Recommendations from Boards and Commissions continued: B] Preliminary Plat of Pheasant Run, located north of Valley View Road and east of Prairie Village plat-Resolution No. 4907 C] Prairie Village Preliminary Plat Amendment and Final Plat of Prairie Village 3rd, located east of St. Francis Medical Center and north of Valley View Road-Res.No. 4919 D] Final Plat of Horizon Heights 5th Addition,located east of Crest Avenue and south of CR 16-Resolution No.4921 - tabled 4/21 15] General Business A] Police and Fire *1. 1998-99 Police Liaison and Educational Services Agreement 2. Purchase/Installation of Voice Mail for Police Department *3. Concept Approval for a COPS More 98 Grant *4. Concept Approval for a COPS School Based Partnership Grant B] Park and Recreation *1. Hiring of Recreation Supervisor I C] Community Development *1. Preliminary Plat Extension for Maple Trails Estates 2. Robert Schilz,Jr.Variance to Front Yard Setback-Res.No. 4922 3. Release of Developer's Agreement for South Parkview 1st Addition D] Public Works and Engineering 1. County Agreement for Traffic Control Signal on Vierling Drive,Project 1998-2 *2. Surplus Equipment *3. Hiring of Public Works Maintenance Worker 4. Street Lighting Policy-Resolution No. 4923 5. Awarding Contract for 1998 Reconstruction Project No. 1998-1 -Res.No. 4920, memo on table *6. Purchase of Boxes for New Utility Trucks El General Administration *1. Temporary On-Sale Liquor License- St. Mary's Church *2. On Sale 3.2 Percent Malt Liquor License-Sabroso Incorporated 3. Sewer Backup Claim 16] Other Business 17] Adjourn to Tuesday,June 16, 1998, at 7:00 p.m. - - TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting June 2, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes- 4. Financial A.)Approval of Bills 5. Downtown/ 1st Avenue Revitalization Committee Recommendation: A.)Approve expenditure for development of downtown design guidelines 6. Other Business: 7. Adjourn to June 16, 1998 edagenda.do OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION APRIL 21, 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 8:03 p.m. Roll was taken as noted above. 2. Approval of Agenda DuBois/Brekke moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Brekke/Amundson moved to approve the April 7, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Brekke/DuBois moved to approve bills in the amount of $38.23 for the EDA General Fund and$15,887.19 for the Blocks 3 &4 Funds. Motion carried unanimously. 5. Downtown / 1st Avenue Revitalization Committee A. Member Resignation and Appointment of Replacement Paul Snook explained that Jim Quiring resigned due to time commitment conflicts with his business. He asked for acceptance of the resignation from the Downtown / 1st Avenue Revitalization Committee and direction as to Mr. Quiring's replacement. He said the Selection Committee intended the original candidate ranking to also provide replacements, if necessary, and asked for direction to staff to contact the next highest ranked candidate for appointment. DuBois/Sweeney moved to accept Mr. Quiring's resignation from the Downtown / 1st Avenue Revitalization Committee, with regret. Motion carried unanimously. Official Proceedings of the April 21, 1998 Shakopee Economic Development Authority Page -2- Brekke/Sweeney moved 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 to the Downtown/lst Avenue Revitalization Committee. Motion carried unanimously. 6. Seagate Technology Project A.) Resolution No. 98-3, Modifying TIF Plan for TIF District No. 11 Paul Snook explained that the modification to the TIF Plan is necessary to reflect the revised categories of tax increment spending under Sec. 2.02 Q of the TIF Plan. The original amount of tax increment approved by the Council and EDA on February 3, $4,600,000, does not change with the approval of this modification. Sweeney/DuBois offered Resolution No. 98-3, A Resolution Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 11, and moved its adoption. Motion carried unanimously. B. 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 Paul Snook explained that the EDA is asked to authorize the Note that relates to the acquisition of property from Valley Green Business Park for the Seagate Technology project. He said this Note is evidence of the tax increment pay-as-you-go obligation to Seagate and is not a general obligation of the EDA. Amundson/Sweeney offered Resolution No. 98-4, A 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, and moved its adoption. Motion carried unanimously. 7. Evergreen Heights Townhomes Update / Livable Communities Demonstration Account Application Michael Leek reported that the Metropolitan Council staff would be happy to attend a meeting with City staff to discuss the Livable Community Goals. He asked for authorization to work with the Scott County HRA and the developer of Evergreen Heights, to put together a project summary for funding under the Livable Communities Demonstration Act and to follow up with an application for funding in July. He said the Day Care project is much more than a day care application and is a promising candidate for demonstration funding under the Livable Communities Act. He said the key to Official Proceedings of the April 21, 1998 Shakopee Economic Development Authority Page -3- making this a unique concept is the funding of the on-site child care facility on a two acre site. Scott County HRA has secured the Scott County Cap Agency as a day care provider once constructed. The capacity is approximately 96 children. In addition, there is clearly a public-private partnership under way between the developer of the Townhomes, Valley Green Business Park, and the City. Sweeney/Brekke moved to authorize staff to work with the Scott County HRA and the developer of Evergreen Heights on a Project Summary for submittal to the Metropolitan Council on behalf of the City of Shakopee. Bill Jaffa said the change to 97 children as opposed to 50 was scale of economy and to provide a broader range of services. Those families that are a part of the self sufficiency program will be provided slots as well as Section 8 renters and the general public. Motion carried unanimously. 8. Other Business None. 9. Adjournment Amundson/DuBois moved to adjourn to May 5, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 8:18 p.m. 1.400.0)C dith S. Cox D.A. Secretary Esther Ten Eyck Recording Secretary 5'72//, '/ CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 28, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 05/15/98 to 05/28/98 . Action Requested Move to approve bills in the amount of $2, 700 . 00 for the EDA General Fund, $00 . 00 for the Blocks 3&4 Funds and $98 . 70 for Seagate. 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A CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator Downtown/First Avenue Revitalization Committee SUBJECT: Committee recommendation to the EDA to approve expenditure for development of downtown illustrated design guidelines. DATE: May 28, 1998 Introduction: The EDA is asked approve expenditure of$7,650 to contract with Thomas R.Zahn and Associates to develop downtown design guidelines per Zahn&Associates' proposal. The guidelines will have two purposes: 1. To guide the use of the proposed Downtown Shakopee Facade Loan Program,and 2. Serve as part of the Historic Preservation element of the 1998 Comprehensive Plan Background: At its September 9, 1997 workshop regarding the effectiveness of the Downtown Rehab Grant Program and related design guidelines,the EDA moved to direct the Downtown/ First Avenue Revitalization Committee and staff to create illustrated design guidelines that would accompany a new low interest loan pool program(which would replace the Rehab Grant Program)for downtown building restoration,and make recommendation to the EDA. At its February 1998 meeeting,the Downtown/ First Avenue Revitalization Committee directed staff to seek a qualified architect to develop downtown illustrated design guidelines and to obtain a proposal and estimate. Staff conducted that search and made recommendation to the committee that they offer and pass a motion to recommend that the EDA approve expenditure of $7,650 from its Professional Services Account#4310 to contract with Thomas R. Zahn& Associates to develop downtown design guidelines, as outlined in Zahn & Associates' proposal. The committee offered and unanimously passed the recommended motion. Enclosed are the following exhibits: • Exhibit A Proposal from Zahn & Associates and related Downtown/ First Avenue Revitalization Committee memo of May 19, 1998 dsguimo5.doc • Exhibit B Proposed Downtown Shakopee Facade Loan Program and related Downtown / First Avenue Revitalization Committee memo of May 19, 1998 • Exhibit C Proposed Historic Preservation Element of the 1998 Comprehensive Plan and related memo from the Downtown / First Avenue Revitalization Committee to the Planning Commission. Budget Impact: The Proposal from Zahn & Associates, enclosed as Exhibit A, outlines a total cost of$7,650. Part of this cost will be reimbursed to the EDA through a Metropolitan Council Comprehensive Planning Grant, obtained earlier this year by the City's Community Development Department. The amount of reimbursement will be $2,058. Total cost to the EDA will be $5,592. This expenditure will come from the EDA's Professional Services Account#4310. Action Required: Offer and pass a motion to approve expenditure of$7,650 from the EDA Professional Services Account # 4310 to contract with Thomas R. Zahn & Associates to develop downtown design guidelines, as outlined in Zahn & Associates' proposal, contingent upon implementation of the proposed Downtown Facade Loan Program. dsguimo5.doc 6(x$111- , DOWNTOWN/FIRST AVENUE REVITALIZATION COMMITTEE Memorandum . TO: Downtown/First Avenue Revitalization Committee FROM: Paul Snook,Economic Development Coordinator SUBJECT: Committee Recommendation to the EDA to Approve expenditure of $7,650 for downtown design guideline architectural services DATE: May 19, 1998 Introduction: • The committee is asked to make formal recommendation to the Economic Development Authority that it approve expenditure of$7,650 to contract with Thomas R. Zahn & Associates to produce property-specific downtown design guidelines. The guidelines will have two purposes: 1. To guide the use of the proposed Downtown Shakopee Facade Loan Program,and 2. Serve as part of the Historic Preservation element of the 1998 Comprehensive Plan Background: At its February 1998 meeting, the committee directed staff to seek a qualified architect to produce downtown design guidelines and to obtain a proposal and estimate. Staff conducted that search and recommends hiring Thomas R. Zahn & Associates. This firm is very experienced in producing downtown design guidelines. Their client list includes The Faribault, MN Heritage Preservation Commission, and more recently the City of Little Falls,MN.Faribault has had great success in utilizing its design guidelines in administering financial incentive programs oriented toward building restoration,and for general historic preservation purposes. Budget Impact: • The Proposal from Zahn & Associates, enclosed as Exhibit A, outlines a total cost of$7,650. Part of this cost will be reimbursed to the EDA through a Metropolitan Council Comprehensive Planning Grant, obtained earlier this year by the City's Community Development Department. The amount of reimbursement will be $2,058. Total cost to the EDA will be $5,592. This expenditure will come from the EDA's Professional Services Account#4310. Action Required: Offer and pass a motion to recommend that the Economic Development Authority approve expenditure of$7,650 from its Professional Services Account#4310 to contract with Thomas R. Zahn & Associates to produce property-specific downtown design guidelines, as outlined in Zahn&Associates' proposal. desguimo.doc atiii Thomas R. Zahn & Associates:• University Club of Saint Paul 420 Summit Avenue Saint Paul,Minnesota 55102 612-221-9765 PROPOSAL FOR CONSULTANT SERVICES DEVELOPMENT OF PRESERVATION GUIDELINES AND PRESERVATION WORKSHOP FOR THE DOWNTOWN BUSINESS DISTRICT, CITY OF SHAKOPEE, MINNESOTA -71,0L-,,,,5 Tho. .sR. Z.� Sub. i • To: Economic Development Director City of Shakopee,Minnesota May 6,1998 PROJECT PROPOSAL The CITY OF SHAKOPEE,MINNESOTA,is requesting the services of a qualified consultant to work with the City in the development of a preservation design guide book for Shakopee's Downtown District and work with downtown building owners on proposed design recommendations. THOMAS R.ZAHN&ASSOCIATES proposes to provide the requested services and products under contract to the CITY OF SHAKOPEE.The requested services and products will be completed in conform- ance with: • the Secretary of the Interior's Standards for Preservation Planning as outlined in the Federal Register of 9-29-83,pages 44716-44740,and • the requirements submitted by the City of Shakopee to the consultant. Fee for the contextual development project:$7,650.00 PROCEDURAL OUTLINE INITIAL RESOURCE ANALYSIS The ASSOCIATES will review the The City of Faribault Downtown Design Guidelines, The City of Little Falls Downtown Design Guidelines, the City of Shakopee files on the downtown, and tour Shakopee's downtown district.This will provide the contractors with a general understanding and knowledge of existing data and the architectural and governmental resources to be studied. FACADE PHOTOGRAPHY Following this initial analysis and after the selection by the city of target buildings to be featured in the design guidelines, the ASSOCIATES will take both black and white and color slide photographs of the selected buildings. The black and white photographs will be used for the existing condition photography, and to generate photo-realism graphics of after-rehab examples. The color slides will be used in any formal or informal presenations. DESIGN GUIDELINE DEVELOPMENT Following the photographing the target buildings, the ASSOCIATES will develop design guidelines designed for the historic resources in downtown Shakopee.The guideline development will follow the general outline found in the The Faribault Downtown Design Guidelines and the City of Little Falls Downtown Design Guidelines. The Shakopee Guide will include but not be limited to the following outline: • Introduction General Design Guidelines Basic Design Principals Common Design Issues Design Guide Applications to existing Buildings To include existing,element-labeled photographs opposite proposed labeled "photographic" facade renovations for the ten (10) target building front facades (If more building are requested,each building will add$400 to the proposal fee) Commercial District Signage Recommendations GUIDE DRAFT REVIEW With the development and layout of the draft guide, the ASSOCIATES will present the draft to City of Shakopee representatives and interested business owners for review and comment.This review will give the ASSOCIATES an opportunity to further fine-tune the guide book to the needs of the Shakopee city government and business community. FINAL GUIDE PRODUCTION After review the ASSOCIATES will complete the design and production of the Shakopee Downtown Preservation Design Guide. The final layout will be reproduced at 600 dots per inch (dpi) for printing The Associates will also select the photographic components of the guide and have all prints,both historic and existing-condition prepared for printing. GUIDE PRESENTATION With the completion of the printing of the guide, the Thomas Zahn will present the guide and design concepts included to the building and business owners. All text,graphics,layout and production will be provided by THOMAS R.ZAHN&ASSOCIATES. PROJECT BUDGET PROJECT MANAGEMENT Administration: 10 hrs. @$50/hr.= Business meetings: $ 500.00 g 4 hrs. @$50/hr.= 200.00 City meetings: 4 hrs. @$50/hr.= 200 00 PROJECT RESEARCH $ 900.00 Research/review: 4 hrs. @$40/hr.= 160.00 2 hrs. @$50/hr.= 100.00 Project design: 4 hrs. @$50/hr.= 200.00 TOTAL: $ 460.00 GUIDE PRODUCTION Resource tour: 4 hrs. @$50/hr.= 200.00 Photography: 8 hrs. @$50/hr.= 400.00 Drafting: 80 hrs. @$40/hr.= 3200.00 2 hrs. @$40/hr.= 80.00 Layout Development: 4 hrs. @$50/hr.= 200.00 20 hrs. @$40/hr.= 800.00 Layout Revisions: 8 hrs. @$40/hr.= 320.00 $5,200.00 • Presentation preparation: 10 hrs. @$50/hr.= Guideline presentation: 4 hrs. @$50/hr.= 500.00 200.00 TOTAL: $ 700.00 ADDITIONAL COSTS Printing/photography/supply costs: Mileage: 300 miles 300.00 _91)11C) TOTAL: 390.0 PROJECT COST: $7,650.00 THOMAS R. ZAHN PROJECT MANAGER President,THOMAS R.ZAHN&ASSOCIATES Master of Architecture/Urban Planning—University of Minnesota Bachelor of Arts, Political Science—University of Notre Dame As the Preservation Planner for the City of Saint Paul from 1982-1986,Mr. Zahn provided staffing services for the preservation program of over 50 locally designated historic sites and three historic districts comprised of more than 800 structures.His services included: • developing the local nomination form and design guidelines for the Lowertown Heritage Preservation District, • administering the certification of Saint Paul's Historic Hill Heritage Preservation District for preservation investment tax credit purposes, • supervising the publication of the Saint Paul and Ramsey County Historic Sites Survey, • conceiving and designing the Saint Paul Heritage Preservation Commission Report, • documentation of existing conditions(age of structure,address,preservation classification,and photographic documentation) of Summit Avenue in preparation for the creation of the West Summit Avenue District. In July of 1986 Mr.Zahn formed THOMAS R.ZAHN Sr ASSOCIATES,an architectural and planning firm dedicated to addressing the design and planning needs of the preservation community.Upon the formation of the ASSOCIATES,Mr. Zahn was hired by the National Trust for Historic Preservation for consulting services on the preservation and reuse of Johnston Hall in Faribault,Minnesota.He participated in the Preservation Advisory Services Team consultation and prepared the Johnston Hall Report for publication by the National Trust and the City of Faribault. In 1987 Mr. Zahn was hired by the City of Minneapolis to provide historic research, photographic documentation and a manuscript on the history of the Minneapolis Auditorium and Convention Center. That contract included: • writing a manuscript on the history of the Auditorium, • providing photographs of all major exterior elevations and significant interiors, • providing recommendations for the reuse of significant architectural artifacts, • developing a portfolio for historical documents,plans,maps and Auditorium memorabilia. With the completion of the manuscript, the City of Minneapolis contracted with the ASSOCIATES to publish the document for limited distribution. In 1988 Mr.Zahn was selected by the Minnesota SHPO to coordinate a consulting team formed to provide professional preservation consulting services to out-state communities.The consulting team, under Mr.Zahn's coordination,completed a consultation on the Sherburne County Courthouse in Elk River and prepared the Sherburne County Courthouse Reuse Study.Since that time Mr. Zahn has served as the Principal Investigator for reuse studies on the Burbank-Livingston-Griggs House,Saint Paul, for the Minnesota Historical Society (1989); the Gillette Children's Hospital West Wing, Saint Paul,for the Saint Paul Heritage Preservation Commission(1989);the Mannheimer-Goodkind House, Saint Paul, for the City of Saint Paul; Old Main, University of Minnesota-Duluth, for the University of Minnesota(1989);the George Washington Armstrong House,Saint Paul,for the Minnesota Center for Arts Education(1990);the Gideon H. and Agnes Hopkins Pond House,for the City of Bloomington (1992); the Cavalry Barracks, Buildings 17 & 18, Historic Fort Snelling for the Minnesota Historical Society (1993); The Stillwater Prison Site, Stillwater (1994); the Minneapolis Scottish Rite Temple (1994);the historic Hamm Building in downtown Saint Paul(1994);the Hearding and Johnson School buildings in Aurora (1996-97), the Kasota Village Hall in Kasota (1996-97), and the St. James Opera House in St.James,Minnesota(1996-97).In addition,Mr.Zahn conducted a state-wide survey and prepared the Analysis of Historic Buildings Owned by the State of Minnesota for Potential Use as American Youth Hostels for the Minnesota Historical Society and the Legislative Commission on Minnesota Resources(1990). From 1990 to 1991 THOMAS R.ZAHN&ASSOCIATES was under contract with the City of Minneapolis to develop the City's Preservation Plan. This preservation planning process included the development of historic contexts for Minneapolis, facilitating a number of Heritage Preservation Commission workshops, and coordinating the City's preservation efforts with the Minneapolis Neighborhood Revitalization Program. In 1991,under contract with the Wisconsin Trust for Historic Preservation,Mr.Zahn coordinated the Trust's public education project. Working with Landscape Research,Mr. Zahn completed the Wisconsin Historic Resource Handbook, prepared the Historic Wisconsin Preservation Workshop, and developed the scripts for two slide shows representing the goals and objectives of the preservation movement in Wisconsin and addressing the State's architectural styles and building types. In 1992 Mr.Zahn was hired by the Wisconsin Trust for Historic Preservation to collect slides and compile slide shows on the Wisconsin preservation movement and the State's architectural styles. Mr. Zahn was then selected by the Wisconsin Trust to facilitate and present day-long workshops throughout the State promoting preservation resource management and local preservation initiatives. Mr. Zahn presented workshops in River Falls,Marshfield,Janesville,Milwaukee, and Green Bay, and Dodgeville,Wisconsin.In 1994 Mr.Zahn completed a series of"preservation primer"articles for distribution throughout Wisconsin.The series included primers on:Historic Resource Management,The Dos and Don'ts of Rehabilitation,Saving Threatened Buildings Through Reuse, Saving Wisconsin's Rural Landscape,The Economics of Historic Preservation,and Historic Signage in Identifying Wisconsin's Heritage. In 1993, under contract with the City of Faribault,Mr. Zahn completed the City's Downtown Design Guidelines and facilitated a workshop on their application for Faribault business owners.In 1997 Mr. Zahn's office was selected to produce the City of Little Falls downtown Design Guidelines. The Little Falls effort is the first Minnesota CLG (Certified Local Government) downtown preservation guidelines project to incorporate state-of-the-art photo-realism, after-rehab graphics. From 1992 to 1996 Mr.Zahn served as the Project Manager for the Twin Cities and the State of Minnesota SOS! (Save Outdoor Sculpture!)Surveys initiated by the National Museum of American Art, Smithsonian Institute, and the National Institute for the Conservation of Cultural Property. He was also been designated by the Minneapolis Community Development Agency and the Central Neighborhood Improvement Association as the Project Manager in the implementation of the Healy Block Preservation Plan, a preservation blueprint developed in 1992 by THOMAS R. ZAHN& ASSOCIATES. Mr.Zahn serves on the Board of Advisors of the National Alliance of Preservation Commissions and served as an editor of the Alliance Review, the Preservation Commission national newsletter. He served as President of the Preservation Alliance of Minnesota from 1986 to 1987.He has lectured on preservation program management at the National Trust Preservation Conference in Baltimore (1984), Seattle (1985), Cincinnati (1988), Charleston (1990), and Miami (1992), and in 1989, at the National Trust Regional Conference in Saint Paul,made a presentation on the reuse study process for historic structures. KENNETH W. MARTIN PROJECT GRAPHIC ASSOCIATE Associate, THOMAS R. ZAHN&ASSOCIATES. Master of Architecture—Virginia Polytechnic Institute and State University Bachelor of Arts, Political Science—Virginia Polytechnic Institute and State University Mr. Martin has served as an Historian, Architectural Technician and Intern Architect over the past five years. As a Historian in the office of GIBSON WORSHAN ARCHITECT of Christiansburg, Virginia, Mr. Martin assisted in preparation of National Register Nominations,surveyed and inventoried historic structures in Botetourt County,Virginia and the Pulaski Residential Historic District, and provided photography, illustration and layout services for the Pulaski Residential Historic District Design Guidelines. Working for the Historic American Buildings Survey(HABS)in 1989 Mr.Martin Edited and compiled HABs surveys and submissions for the HABS collection in the Library of Congress.In 1990 Mr.Martin documented,through measured drawing and large format photography,two lighthouses and associated buildings in Bayfield,Wisconsin. Most recently before moving to the Twin Cities Mr.Martin served as and Intern Architect with the Historic American Buildings Survey and in Washington D.C.developed measured drawings of the White House as part of a comprehensive study being carried out by the National Park Service. Mr. Martin has also served as a Graduate Teaching Assistant in the teaching of the History of Architecture at the Virginia Polytechnic Institute and State University. STEVEN T.MUELLER HISTORIC RESEARCH ASSOCIATE Associate,THOMAS R.ZAHN&ASSOCIATES Master of Arts, History—University of Wisconsin-Milwaukee Bachelor of Arts, History—University of Wisconsin-Milwaukee Lifetime Member—Phi Alpha Theta History Honor Society Mr. Mueller has served as an Historical Researcher with Thomas R.Zahn&Associates since 1996. 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Background: •At its February meeting,the Downtown/ 1st Avenue Revitalization Committee: • Reviewed examples of low interest loan programs focused on downtown / historic district building improvements. The examples were from Chippewa Falls and LaCrosse, WI, and Old Town Winchester, VA. • Resolved to create a low interest loan program in which local financial institutions provide the funding for the program, and the City, Downtown Revitalization Committee, or some other group (design review subcommittee, historic preservation commission [if created], etc.) provide design assistance and review to assure that program design guidelines are followed. • Appointed a subcommittee of staff and two committee members (John Roach and John Perry) to create a draft low interest loan program based on the examples provided, and contact Shakopee's financial institution representatives to ask for their participation. The subcommittee will then report the results back to the full Downtown Revitalization Committee. Any action, including recommendation to the EDA, will then be taken based on the feedback from the financial institutions. • Update: The letter to the financial institution representatives, enclosed as Exhibit A, and a draft loan program, Exhibit B, are complete and have been sent to the fmancial institution representatives for review. I will follow-up with a call within the next week or two. If there is a positive response from the calls,meetings will be scheduled between the bankers and subcommittee to discuss next steps. FIPRGMO3.DOC/PCS 1 129 Holmes Street South ,-.441111116 (' _ Shakopee,Minnesota 55379 Phone: 612.496.9661 / �`�, ` Fax: 612.445.6718 . SHAKOPEE Downtown • First Avenue Revitalization Committee DRAFT Dear The Shakopee Downtown/First Avenue Revitalization Committee of the Shakopee Economic Development Authority is in the process of formulating strategies for the comprehensive revitalization of Shakopee's central business district. One of the areas the committee is focusing on is design; improving downtown's image and prospects for investment by enhancing the physical appearance of buildings, street lights, sidewalks, signs, landscaping,parking areas, and all other elements that convey a visual message about the downtown and what it has to offer. Improving the appearance and economic viability of downtown's buildings is a priority of the . committee, especially in light of the new River City Centre development that is taking place downtown. The excitement created by this architecturally significant project presents a tremendous opportunity to initiate a program to improve the appearance of the central business district's classic turn-of-the-century buildings and to encourage sensitive,compatible design for new construction. The committee recognizes this opportunity and is working to develop a low interest loan pool program for building restoration. The goal of the program is to help retain and restore downtown's unique architectural heritage,and to realize the greatest economic benefit from downtown's buildings. Through encouraging facade restoration and other related building improvements,the loan pool program will help bring back the richness and beauty of downtown's traditional commercial buildings, resulting in the enhancement of downtown's best marketing tool: its unique image. The Downtown/First Avenue Revitalization Committee envisions the loan program to be a partnership between Shakopee's financial institutions and the committee,with the banks providing financial backing,and the committee providing marketing and non-financial administrative assistance (working with applicants,performing design review,etc.). This is a great opportunity for Shakopee's financial institutions to gain new business,play a significant role in the economic renaissance of our community's central business district, and meet obligations under the federal Community Reinvestment Act. • Enclosed, please find a synopsis of the Downtown/First Avenue Revitalization Committee's work program, examples of loan pool programs from other communities, and a draft loan pool program for Shakopee. A representative of the Downtown/First Avenue Revitalization Committee will call in follow-up to this letter to schedule a meeting with you. The purpose of the is to discuss your institution's participation in the program, and answer any questions you may have. After this initial meeting,there will be subsequent meetings among representatives from BANKRLTR.DOC/PCS 1 the participating financial institutions and the revitalization committee to discuss next steps. This group would meet on an as needed basis to establish program details, modify the draft program accordingly, and enter into appropriate agreements. In the meantime, if you have any questions or would like additional information,please call me at 496-9661. The Downtown/First Avenue Revitalization Committee looks forward to working with you in restoring the architectural heritage and improving the economic potential of Shakopee's central business district. Best Regards, Paul Snook Economic Development Coordinator, City of Shakopee Downtown/First Avenue Revitalization Committee • BANKRLTRDOC/PCS 2 DRAFT THE DOWNTOWN SHAKOPEE rd — — — — — — __M2111 . gag 2J ' E1ALIL r-1 mom 1 = L1j `7' ��oc ' is FACADE LOAN PROGRAM SPONSORED BY: THE SHAKOPEE DOWNTOWN-FIRST AVENUE REVITALIZATION COMMITTEE AND LOCAL PARTICIPATING FINANCIAL INSTITUTIONS WHAT IS THE DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM? The classic,turn-of-the century architectural design of Downtown Shakopee's buildings is vital to business retention and attraction within the downtown central business district. With the desire to enhance the economic development of Downtown Shakopee and to maintain and restore the district's beautiful,historically rich building stock,the Downtown/First Avenue Revitalization Committee and the local banking community have joined together to offer this special loan program. The program consists of special reduced interest loans and exterior design assistance. This Facade Loan Program, and other related programs such as federal Preservation/Rehabilitation Tax Incentives, are designed to: • Create a positive visual impact for Downtown Shakopee through restoring the district's historic building stock; • Foster a more attractive climate for investment in the downtown area; and • Invite new merchants, services, and professionals into the downtown area. SPECIAL REDUCED-INTEREST LOANS Participating financial institutions agree to allocate an investment fund of$000,000. Loans with a minimum of$0,000 and a maximum of$00,000 per building at an interest rate of three-quarters the prime rate, fixed for four years are offered. Loans will have a maximum amortization of ten years. After the four year fixed period, the rate would be subject to annual evaluation, but should remain very competitive, and at least one percentage point below prime. Collateral requirements will vary with each project and will be determined by the participating lenders as individual projects are reviewed. ELIGIBLE ACTIVITIES In order to ensure visible renovation/restoration work, all projects must involve improvements directly affecting the main building facade. The improvements must meet the criteria of •established Downtown Design Guidelines. Signage,awnings,and code enforcement for the facade are included. Once the Design Review Committee and/or the Economic Development Coordinator have approved a project's facade design,consideration will be given to other work such as roofing, structural repairs,new construction,professional design, and building purchase. Projects not eligible would be such things as purchase of movable equipment,refinancing of previous loans, or loans for working capital. ELIGIBLE APPLICANTS Property owners and tenants in Shakopee's designated downtown district. See attached map. It is preferable for borrowers to be building/property owners. However, a tenant may apply,but the building owner would be asked to cosign the loan.If the building owner is not willing to get 1 ELIGIBLE APPLICANTS (continued) involved, the project may still qualify;however,the loan amortization would have to match the remaining term of the underlying lease. The tenant applicant would have to provide a copy of the lease as one of the preliminary loan documents. Options to renew a lease will not be included when determining the remaining lease term. LOAN STRUCTURE GUIDELINES Minimum Percentage Available for Other That Must Be Used Approved Renovation Amount Borrowed For Main Facade ** Work/Purchase $5,000- $50,000 60% 40% Through the cooperative effort of four local financial institutions,the$000,000 loan pool guidelines were established. The following institutions have agreed to participate in this program to the dollar amounts listed: Citizens State Bank $000,000 The Family Bank $000,000 Marquette Bank $000,000 Norwest Bank $000,000 Each loan will be shared on a rotating basis between above listed lenders. After project design approval, a Loan Committee made up of representatives from each of these lenders will meet to review and approve applications. The Downtown/First Avenue Revitalization Committee will review and may revise the program guidelines at the end of each calendar year. ** The Downtown/First Avenue Revitalization Committee reserves the right to amend the loan structure guidelines based on submitted plans. For example,the committee may decrease the percentage of a loan required for treatment of the main facade, if in their opinion submitted design plans show that the facade can be properly treated at a lower percentage than the required 60%. This decision shall be noted in the letter of agreement provided to applicants submitting approved design plans. DESIGN ASSISTANCE With the assistance of an architect,the Shakopee Downtown/First Avenue Revitalization Committee has created illustrated Downtown Design Guidelines.Through using these guidelines,the Design Review Committee and Economic Development Coordinator can provide free design assistance to program applicants. In addition,the Design Review Committee and/or Economic Development Coordinator can assist applicants in arranging for professional exterior design assistance through the services of (a)designated architect(s). This assistance includes recommendations for proper facade 2 DESIGN ASSISTANCE (continued) renovation/restoration including: facade design,materials,paint,color, signs, awnings and drawings of proposed work. The architect(s)that support this program are familiar with our design guidelines. This service can be accessed by applicants at(no cost; for a reduced fee; the architect's standard fee?). In order for the Loan Committee to consider loan applications for approval, accompanying design plans and drawings must first be approved by the Design Review Committee and/or Economic Development Coordinator according to the criteria set by the Downtown Design Guidelines. HOW TO APPLY FOR A LOAN • Applications for the program are available at the Economic Development Coordinator's office at Shakopee City Hall as well as at each of the participating financial institutions. • You will be asked to complete the application and bring it, along with required loan documentation and design plans, listed below,to the Economic Development Coordinator's office at City Hall for preliminary review. • Each proposed project will require design approval from the Design Review Committee and/or Economic Development Coordinator. Once the design is reviewed and approved,the Economic Development Coordinator will forward the application to the"primary"lender you have listed on the application who will process your request. REQUIRED LOAN DOCUMENTATION Applicants are required to provide the following basic information. Additional information may be required at the option of each participating lender. All Applicants: • Personal financial statement of borrower(s). • Cost breakdown of the proposed project showing all proposed subcontractors and suppliers. • Copy of lease, if appropriate. • Design Plans/Drawings(including facade elevation) • Notice of Design Plan Approval • Design Plan Agreement • If the Borrower is a Corporate/Business Entity: • A copy of Articles of Incorporation if the borrower is a corporate entity. Copies of Partnership Agreements if appropriate. • Current balance sheet. • At least 3 years of profit and loss statements. Provide what is available if the business hasn't existed that long. • List of all business owners/partners together with their percent of ownership. • Previous year's federal income tax return(personal and business). 3 TERM OF THE PROGRAM The funds will be available until they are used or until December 31, 1998, whichever comes first. The program may or may not extend beyond that date depending upon its overall success. FEDERAL TAX CREDITS FOR PRESERVATION/REHABILITATION Some buildings in the downtown area that are more than 50 years old may be eligible for federal Preservation/Rehabilitation Tax Credits in amounts ranging from 10%to 20%of their renovation costs. This incentive can be used in tandem with the Facade Loan Program. Specific questions about these incentives can be directed to Paul Snook, City of Shakopee Economic Development Coordinator at(612) 496-9661. OTHER FINANCIAL INCENTIVES Downtown Shakopee businesses may also be eligible for other special loan programs such as those offered by the U.S. Small Business Administration. Contact Paul Snook,Economic Development Coordinator,at 496-9661 for more information. FOR FURTHER INFORMATION ON THE FACADE LOAN PROGRAM, CONTACT: Paul Snook Economic Development Coordinator City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Telephone (612)496-9661; Fax(612)445-6718 • • 4 CITY OF SHAKOPEE Memorandum f)(14113rrTO: Planning Commission FROM: Downtown/ 1st Avenue Revitalization Committee C 0 Paul Snook,Economic Development Coordinator SUBJECT: Recommendation for the Historic Preservation Element of the 1998 Comprehensive Plan DATE: June 18, 1998 Introduction: The Downtown/ 1st Avenue Revitalization Committee is requesting that the Planning Commission adopt the enclosed recommended strategy / plan as the historic preservation element of the 1998 Comprehensive Plan. Background At its February, 1998 meeting,the Downtown/First Avenue Revitalization Committee offered and passed a motion recommending that the Planning Commission adopt a strategy/plan,developed by the Revitalization Committee,as the historic preservation element of the 1998 Comprehensive Plan. Please refer to the enclosed exhibits: • Exibit A Recommended Historic Preservation Element for the 1998 Comprehensive Plan • Exhibit B The Revitalization Committee memo dated February 11, 1998 relating to their recommendation to the Planning Commission. Options: 1. Adopt the plan outlined in Exhibit B as the historic preservation element of the 1998 Comprehensive Plan,as recommended by the Downtown/First Avenue Revitalization Committee 2. Do not adopt the plan outlined in Exhibit B as the historic preservation element of the 1998 Comprehensive Plan. 3. Table the matter and request additional information Recommendation: Option 1. Adopt the plan outlined in Exhibit B as the historic preservation element of the 1998 Comprehensive Plan, as recommended by the Downtown/First Avenue Revitalization Committee Required Action: Offer and pass a motion to adopt the plan outlined in Exhibit B as the historic preservation element of the 1998 Comprehensive Plan, as recommended by the Downtown/First Avenue Revitalization Committee hisprmo3.doc 1 EXHIBIT A so HISTORIC PRESERVATION ELEMENT oa 1998 SHAKOPEE COMPREHENSIVE PLAN I. Develop Downtown Preservation Design Guidelines a.)Finance the development of these guidelines with a combination of Metropolitan Council grant funds and city funds (EDA, Community Development, etc.) b.)Hire a qualified architect that specializes in historic preservation to develop the guidelines II. Attain Certified Local Government Status Work with the Minnesota Historical Society, State Historic Preservation Office (MHS- SHPO)to attain Certified Local Government(CLG) status. This qualifies a local government for state historic preservation grants and technical assistance. In order to become a Certified Local Government,the City of Shakopee must: a.)Develop and adopt a historic preservation ordinance, and b.)Form a historic or heritage preservation commission III. Conduct a Survey of Historic Resources a.)Finance the survey with CLG grant funds b.) Start the survey in the downtown central business district and work outward; proceed in stages as funding becomes available hisprmo3.doc 2 EXHIBIT B CITY OF SHAKOPEE Memorandum TO: Downtown/ 1st Avenue Revitalization Committee FROM: Paul Snook,Economic Development Coordinator SUBJECT: Historic Preservation element of the 1998 City Comprehensive Plan; Recommendation to the Planning Commission and City Council DATE: February 11, 1998 Introduction: The Downtown / 1st Avenue Revitalization Committee is asked to recommend to the Planning Commission and City Council a strategy / plan that would be adopted as the historic preservation element of the 1998 Comprehensive Plan. Background At its January, 1998 meeting,the Downtown/ 1st Avenue Revitalization Committee discussed making recommendation to the Planning Commission,City Council and EDA to hire a preservation consultant to undertake a survey of historic resources. The survey was proposed to be a prerequisite to the development of downtown design guidelines, and be the foundation of the historic preservation element of the 1998 Comprehensive Plan. The committee decided that rather than conduct a historic resources survey first and then develop downtown design guidelines(after the survey), it is essential to develop design guidelines as soon as possible since the guidelines will be needed to accompany a new financial incentive program for downtown building rehabilitation,which is targeted to be in place sometime this year. The committee suggested that design guidelines and a historic resources survey should be part of a comprehensive, community-wide historic preservation strategy/plan that would serve as the historic preservation element of the 1998 Comprehensive Plan.The suggested plan components include: • Develop downtown design guidelines • Develop and adopt a historic preservation ordinance in order to qualify for Certified Local Government(CLG)status • Form a historic preservation commission in order to qualify for CLG status • Attain Certified Local Government status,and • Conduct a survey of historic resources. Finance the survey with CLG grant funds. Start with the central business district and work outward;proceed in stages as funding becomes available. Discussion: The above outlined plan is similar to what economic development staff submitted to the Planning Commission in the September 1997 Planning Commission public hearing regarding the Comprehensive Plan. hisprmo2.doc 1 The committee should consider blending their suggestions with staff's proposal,to arrive at a formal recommendation for the historic preservation element of the 1998 Comprehensive Plan,as follows: Recommended Historic Preservation Element of the 1998 Comprehensive Plan 1. Develop downtown preservation design guidelines a.)Finance the development of these guidelines with a combination of Metropolitan Council grant funds and city funds(Community Development,EDA,etc.) b.)Hire a qualified architect that specializes in historic preservation to develop the guidelines 2. Work with the Minnesota Historical Society, State Historic Preservation Office(SHPO)to attain Certified Local Government(CLG)status. CLG status qualifies a local government for state historic preservation grants and technical assistance.In order to become a CLG,the City of Shakopee must: a.)Develop and adopt a historic preservation ordinance,and b.)Form a historic preservation commission 3. Conduct a survey of historic resources a.)Finance the survey with CLG grant funds b.)Start the survey in the downtown central business district and work outward;proceed in stages as funding becomes available Options: 1. Make recommendation to the Planning Commission and City Council that they adopt the above outlined plan as the historic preservation element of the 1998 Comprehensive Plan. 2. Do not make recommendation to the Planning Commission and City Council that they adopt the above outlined plan as the historic preservation element of the 1998 Comprehensive Plan. 3. Table the matter for additional information Recommendation: Option 1,make recommendation to the Planning Commission and City Council that they adopt the above outlined plan as the historic preservation element of the 1998 Comprehensive Plan. Required Action: Offer and pass a motion recommending that the Planning Commission and City Council adopt the above outlined plan as the historic preservation element of the 1998 Comprehensive Plan. hisprmo2.doc 2 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 21, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Dan Hughes, Chief of Police, Jerry Poole,Deputy Chief of Police, and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were added to the agenda: 14.D. Horizon Heights 5th Addition, and 15.B.3. Vacation of Certain Easements-Res.Nos. 4840 and 4841. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following item was added to the Consent Agenda: 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. Sweeney/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Item 15.D.6. Accept Resignation from Sgt. Raymond Erlandsen and Adopt Resolution of Appreciation was taken out of the regular order on the agenda. DuBois/Link moved to accept the resignation of Raymond Erlandsen, as Sergeant for the Shakopee Police Department of the City of Shakopee effective, April 30, 1998. Motion carried unanimously. DuBois/Link offered Resolution No. 4886,A Resolution of Appreciation to Raymond Erlandsen, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to request that the Police Civil Service Commission begin the promotion process to fill the vacancy. Motion carried unanimously. Mayor Brekke read the Resolution of Appreciation to Sergeant Erlandsen and presented him with a framed copy. Sergeant Ray Erlandsen approached the podium and said that he leaves with mixed emotions and anticipation of what lies ahead. Item 12.A. Discussion of Tribal Land Issues,was taken out of the regular order on the agenda. Official Proceedings of the April 21, 1998 Shakopee City Council Page -2- Representative Becky Kelso approached the podium and discussed the importance of working together as well as with the Federal elected leadership. She said she believed that many of the citizens of Shakopee do not understand the long-term ramifications_of land being placed into trust. When the application was initially submitted for placing the land into trust, a statewide coalition was created to deal with trust land. In retrospect, after the South Dakota case went to court, she said the momentum was lost when the issue was placed on hold to see if there would be a court decision that might affect this. She said she would like to hear the Council's concerns regarding this issue. She said this was the most important issue facing the communities, more than the Shakopee community, in the foreseeable future. She said that land would be forever lost from the boundaries of Shakopee, Scott County, and the State of Minnesota. The public will be more of a deciding factor as to what is done with the land than the issue of a loss of money. Senator Claire Robling approached the podium and said there are many issues to deal with when one community wants to take land from another, and it is not unusual to be concerned about this when considering the long-term implications. She said the concerns for the long-term effect are why they have been proceeding in making contacts, and will continue to do so with the Federal officials. Mayor Brekke pointed out that this would be 593 acres the residents of Shakopee would not be able to hold the City Council liable for, in terms of what happens on the land, should it be placed into trust. He said that the biggest issue would be the loss of planning and zoning control on the part of the City. A discussion ensued regarding the implications of placing the land into trust. In response to a question relating to gaming, Claire Robling said she has no reason to believe there will be gaming on this land. In response to concerns that the tribes will continue to purchase any land that becomes available, she said the State could open gambling to everyone, or could ban all forms of gambling in Minnesota, which would mean the casino could not operate either. She said while this is a possibility, she did not see it happening in the near future. Becky Kelso said that if either of the alternatives to gambling occurred, the land trust issue would still exist. Mayor Brekke stated that the City is not opposed to economic success in the tribe, and applauded their success from gaming. However,he said this is not a reason for placing land into trust. Mark McNeill explained the Federal Act of 1934, which deals with placing land into trust. He said when this act was passed there was a need for destitute tribes to have anything to allow economic development. There are two reasons for placing land into trust, 1. To provide for economic development opportunities. 2. To provide for land for living purposes. He said there is sufficient land in their current inventory, and from an economic development point of view they have not made a case for diversification. In addition,he said the tax payers need to be Official Proceedings of the April 21, 1998 Shakopee City Council Page -3- aware of monetary losses as well as the cost of providing services such as ambulance, fire and police. Another issue is equity. He said eventually there would be tax exempt businesses operating against and in competition with existing businesses that are paying property taxes. In response to a question as to what portion of the land is proposed to be placed into trust is housing, Mark McNeill said the concept plan shows approximately 15% for residential purposes. Cncl. Sweeney explained that of the other services that would be provided, the School District would be the most economically impacted without any zonal or planning controls. Becky Kelso agreed that the School District would be affected. However, she said the State of Minnesota would pick up the loss of tax base. She also said she did not believe that the request for land trust does fit the criteria of the 1934 Act. A discussion ensued as to what is being done to deal with this issue. Claire Robling said the ultimate goal would be to either repeal or amend the 1934 Act. She said the land trust application should not be authorized with the current Act. She said that Governor Arnie Carlson and Senator Rod Grams have been very supportive of the City's position on land trust. However, she said one of the goals must be to continue to solicit support from the Minnesota Congressional Delegation. A discussion ensued as to when the application was filed the second time and the City and County's response. Mark McNeill explained that initial application was made in 1995 and was withdrawn in February, 1997. A second application was submitted in September, 1997. The City and County commented on the application in November, 1997. The tribe has since commented on this and the BIA will consider these when making the decision on whether or not to grant the trust status. County Commissioner Art Bannerman approached the podium and said the Hudson, Wisconsin tribes are joining local officials in arguing against the trust issue there, and the ruling was in favor of the local government. Now the same tribe is arguing to approve the trust issue here. He said the question was asked of the BIA and the Interior Department, how they can rule one way in Wisconsin and the opposite with essentially the same facts in our situation. Becky Kelso said that while it is important to work with the tribe as a sovereign nation in issues that affect everyone,there is no acceptable compromise on this particular issue of land trust. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on items not on the agenda. There was no response. Official Proceedings of the April 21, 1998 Shakopee City Council Page -4- A recess was taken at 8:03 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:22 p.m. Mayor Brekke opened the public hearing on the proposed improvements to Vierling Drive from CR 15 to Fuller Street, Project 1998-3. Bruce Loney explained that this project was initiated by City Council based on a petition request from the developer of Orchard Park West, and that Vierling Drive is a major collector serving undeveloped property from County Road 15 to Fuller Street. Alternative I (segment II) is the area beginning with the west property line of Orchard Park West to Fuller Street and the total project costs are $352,000. Proposed assessments total $276,000 with the City picking up $60,000 for oversizing and bituminous trail. Alternative II (segment I) is the area beginning with the west property line of Orchard Park West going west through Lions Park and the project costs total $568,000. Proposed assessments total $207,000 with$75,000 for oversizing and trail, and$168,000 for the box culvert. The recommendation, based on meetings with property owners and cost analysis, is to proceed with the segment of Vierling Drive through Orchard Park West (segment II) only at this. It is cost effective and feasible. Staff recommends that the segment west of Orchard Park West be considered for the 1999 construction program. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the Council on this issue. Robert Pieper, the one property owner other than the developer, approached the podium and asked whether the developer has to pay the assessments or if the assessments go with the lots when assessments are charged to a developer. Bruce Loney said the assessments are certified on the property being assessed and can be paid over time. However, when the property is assessed, if it is platted and developed, there is generally an escrow amount. The developer is also required to provide a letter of credit to guarantee the assessments at 75%. Jim Thomson explained that once the assessment roll is adopted, it becomes a lien against the property. Robert Pieper asked who pays the assessment when the property is sold, and whether it hinders the sale of property. Jim Thomson said this is a matter of negotiation between the buyer and seller. Members of the audience were given an opportunity to speak. Official Proceedings of the April 21, 1998 City Page Shakopee Council -5- Having no further discussion the public hearing was closed. DuBois/Link offered 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, and moved its adoption. Motion carried unanimously. Michael Leek explained that the Final Plat of Southbridge First Addition involves the platting of lots with semi-circular streets and individual lots in the eastern portion of the Southbridge Parkway. He said the Planning Commission reviewed the Final Plat and recommended approval. Link/Amundson offered Resolution No. 4885, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Southbridge 1st Addition, and moved its adoption. Motion carried unanimously. Michael Leek reported that the preliminary plat approved as Weston Ponds did not include Eldon Greenwood's homestead. The proposed final plat now includes his home as one lot and the two outlots. He said the outlots are the subject of a second plat. The Planning Commission reviewed the proposed Final Plat of Weston Ponds and recommended approval. Link/DuBois offered Resolution No. 4898, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Weston Ponds, and moved its adoption. Motion carried unanimously. Michael Leek explained that the proposed plat of Weston Ponds 2nd Addition addresses the development of the first phase of the proposed townhouse project. In response to questions regarding sidewalks, he said it was the intention to include a sidewalk as Weston Lane is not proposed to be a collector street. Denny Griswold, Pulte Homes, approached the podium and said that they did agree to a sidewalk on the west side of Weston Lane running to the south line as a condition of the plat approval. He was appreciative of the staff support relative to the public improvements for 17th Avenue. DuBois/Link offered Resolution No. 4889, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Weston Ponds 2nd Addition, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to table the final plat of Horizon Heights 5th Addition until the next Council meeting. Motion carried unanimously. Item 15.C.5. Hourly restrictions on construction activities, was taken out of the regular order on the agenda. Official Proceedings of the April 21, 1998 Shakopee City Council Page -6- Bruce Loney explained that there is a significant amount of grading to be done in order for the Seagate development to meet its deadline. Frattalone Excavating & Grading has requested a suspension on the hours of operation 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. Staff recommends that if granted, no hauling of material be allowed before 7:00 a.m. to minimize the noise. Mark Ryan, Frattalone Excavating & Grading, Inc., approached the podium and thanked the Council for reviewing the request. He said the developer has an agreement with Seagate Computer to provide them with a building pad by May 5, 1998. In order to do this, a significant amount of soil needs to be hauled into the site. May 15, 1998, is the deadline for the parking area. He said there would be a fair amount of traffic crossing the street and due to the aggressive schedule they would like to work 12 hour days. The reason for the 7:00 a.m. start time is due to a required 15 minute inspection,which requires a 15 minute warm up period. When asked if he was aware of the City Code, relative to hours of operation, Mark Ryan said he was aware of the City Code requirements. When asked how long it would take to remove the large amount of soil from the Evergreen site, he said it was recently discovered that the soil may not be compatible soil that can be totally used on the Seagate site. Test results are pending as to whether or not it can be used. He said if all the soil is removed it would take until approximately June 20, 1998. DuBois/Link moved to approve the suspension of City Code Section 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, and that the equipment is kept as far away from the residents as possible for the warm up period. A discussion ensued relative to policy deviation regarding hours of operation. Motion carried with Mayor Brekke opposed. Item 15.C.1. Award Contract for Southbridge Parkway was taken out of the regular order on the agenda. Bruce Loney reported that bids were opened and tabulated with the low bidder being S. M. Hentges & Sons Inc., in the amount of $2,851,854,12. Staff recommends the execution of temporary easements for the construction of Southbridge Parkway, before the award, as well as the execution of the agreement for the construction between the City and the developers and submission of the letters of credit from developers for assessments. Also included in the staff memo is an extension agreement with WSB & Associates for engineering, construction, Official Proceedings of the April 21, 1998 Shakopee City Council Page -7- surveying, contract administration, and to assist in inspection. The assessment calculation was used to finalize the agreement between the City and developers, and the 75% letter of credit amount. He said the assessment amounts were revised based on the bids received, adding a 5% contingency and 25% engineering and administration costs, as well the future street connection to CR 21 and future temporary traffic signal at Southbridge and CR 18. The extension agreement with WSB &Associates is estimated at$285,000 with almost all costs associated with the developers. City costs include sanitary sewer over sizing, bituminous trail and some storm sewer over sizing. Bruce Loney asked for authorization to execute the agreements for construction between the developers and Southbridge 1st Addition, and the City of Shakopee; awarding of the bids to S.M. Hentges & Sons; authorization of a 5% contingency amount; and authorization to execute the extension agreement with WSB & Associates Inc. for the construction and engineering services with this project. When asked about the status of the bid award questioned by the next highest bidder, Jim Thomson said there were two issues The first issue related to whether or not the low bidder was bidding the same project. Mr. Joyce was informed that the low bidder had acknowledged he had to build a retaining wall. The 2nd issue relates to the unbalanced bid. He said he had no indication that any action would be taken but could not say for sure. In response to concerns regarding a possible lawsuit, he said he was confident that all costs would be borne by the developers and not the tax payers. Sweeney/Link moved to authorize the appropriate City officials to execute the agreement for the construction of Southbridge Parkway, between the developers of Southbridge 1st Addition and the City of Shakopee. Motion carried unanimously. DuBois/Link offered 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, and moved its adoption. A discussion ensued relative to on-site inspections. Bruce Loney said there will be two full time inspectors with one on the site at all times. Motion carried unanimously. Link/Amundson moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders and quantity adjustments on the Southbridge Parkway project. Motion carried unanimously. Official Proceedings of the April 21, 1998 Shakopee City Council Page -8- Sweeney/DuBois moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates Inc., for construction engineering services on Southbridge Parkway Project No. 1997-4. Motion carried unanimously. Item 15.C.4. Street Lighting Policy,was taken out of the regular order on the agenda. Bruce Loney reported that a draft policy was approved and submitted to Shakopee Public Utilities Commission (SPUC) for their review. A revised policy was then submitted for Council review. He said many of the changes were made to reflect their ideas, goals, and policies. Wording associated with the general standards was clarified. Wording and dimension changes relative to street lighting fixtures were also made to better clarify the policy. He said there were no substantial changes made to the actual content of the policy. Staff recommended changes relative to funding in which the developers would pay for the residential equivalent of street lights with the City picking up additional costs to collector streets. He posed two policy questions to the Council: 1) What happens if the developer wants to install more lights than the policy allows?and, 2) What happens if the developer wants to put in non-standard light fixtures? A discussion ensued relative to additional lighting policies and special lighting districts. Jon Albinson, Valley Green Business Park, approached the podium and discussed non-standard fixtures. He said they are trying to bring some character to the neighborhood with the non- standard fixtures. He said the policy eliminates the possibility for creativity, and that the spacing guidelines have not been properly thought out. Steve Soltau approached the podium to discuss the flexibility in the changes. He said their development is having difficulty in selecting and using a bulb and fixture that is available and in use. He said there should be some flexibility in the policy for design as a criteria available to developers. He pointed out that there is a growing concern on the adequacy of street lighting. Relative to collector street funding,he said he was not sure what the existing standard is as far as what is required, and what the increment would be. A discussion ensued relative to options available and flexibility. Bruce Loney was directed to come back with a synopsis of what options are available and what flexibility there would be for a developer under this plan. Bruce Loney stated that there are ten intersections without street lights that are on County Roads. He said it is difficult to meet County warrants. However, there is a policy where the lights may be installed by the City, if warranted by the Public Works Director and approved by the City Council. He asked the Council if they wanted street lights at all City intersections with County Roads,no matter what the traffic volume,and picked up by the tax payers; or install them if there is a collector street or higher volume of traffic? Official Proceedings of the April 21, 1998 Shakopee City Council Page -9- Item 15.B.3. Revised Resolutions Vacating Certain Easements and a Portion of Secretariat Drive for Canterbury Park 5th Addition, and Rescinding Resolutions No. 4840 and 4841 was taken out of the regular order on the agenda. Jon Albinson, Valley Green Business Park, has requested that the City Council approve revised resolutions for these vacations. Michael Leek explained that the original resolutions contained conditions that prevent them from being recordable. Mr. Albinson seeks to have them in recordable form in time for the scheduled closing on May 6, 1998. Michael Leek said the conditions have now been met. Link/DuBois offered Resolution No. 4900, A Resolution of the City of Shakopee Vacating 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, and moved its adoption. Motion carried unanimously. Link/DuBois offered 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, and moved its adoption. Motion carried unanimously. The regular order of the agenda was resumed with item No. 10, Viewing of Convention and Visitors Bureau Videotape. Cncl. Amundson, Liaison to the Convention and Visitors Bureau Board, requested that the Convention and Visitor Bureau's five minute promotional video tape of Shakopee be shown. The tape was then viewed by those in attendance,as well as those watching from home. Sweeney/Amundson moved to approve the bills in the amount of$650,631.20. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the appropriate City officials to execute an agreement to have Rainbow,Inc.paint the exposed decking and joist ceiling in the ice arena of the Community Center at the quoted price of$17,450 with funding to be allocated from the Community Center Project Fund. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize publication of notice in the "EQB Monitor" and distribution of the draft EAW for review and comment for the Super Valu Distribution Center. Council is not asked to approve the EAW at this time, as it will be brought back after expiration of the review period. (Motion carried under the Consent Agenda.) Official Proceedings of the April 21, 1998 Shakopee City Council Page -10- Sweeney/Amundson moved to authorize distribution of the Transportation Plan for local comment. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered 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, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved 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. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to terminate John DeLacey's probationary status. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered 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, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Ordinance No. 517, An 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, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4889, A Resolution Amending Resolution No. 4801, Adopting the 1998 Fee Schedule, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McNeill reported that the City has been contacted by Best Express, 310 Holmes Street, concerning problems that they have had with all day parkers taking up curbside spaces needed for their short term business uses. There have been requests for parking restrictions in other areas adjacent to the Courthouse,but this is the first request by a commercial venture. He said there is Official Proceedings of the April 21, 1998 Shakopee City Council Page -11- currently no place in the City with a loading zone and suggested that a commercial loading zone could be established for a single car length adjacent to 310 South Holmes Street, and a sign be posted for such designation. He then asked whether or not the Council wished to do so at this time. DuBois/Amundson offered Resolution No. 4896, A Resolution of the City of Shakopee, Minnesota, Establishing a Loading Zone at 310 South Holmes Street, and moved its adoption. Motion carried with Cncl. Sweeney opposed. Sweeney/Amundson moved to authorize the appropriate City officials to rehire Ms. Angela Trutnau for 1998 to fill the part-time Code Enforcement position at a rate of$10.0228 per hour. (Motion carried under the Consent Agenda.) Item 15.D.7. Officer Terry Doyle Severance Agreement will be discussed in a closed session. Sweeney/Amundson moved to authorize the appropriate City officials to execute Change Order No. 3 for the fire station project in favor of James Steele Construction Co. in the amount of $4,869. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize an exemption from the "No Parking" restriction in the 600 and 700 blocks of Adams Street South for June 7, 1998. (Motion carried under the Consent Agenda.) Judith Cox explained that the County's fines for tobacco violations are greater than those of the City. 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 was provided. The Council may wish to consider additional amendments to the City's ordinance at the same time they consider amending the fines. In addition, there are some changes in the State law which will also need to be incorporated into any new ordinance. She said if the Council is interested in amending the regulations to be greater than at present, all cigarette licensees must receive written notification 30 days prior to the date the City Council would consider amending the regulations. Staff recommends that if changes are to be made, that the notice be as broad as possible so that the Council could consider the County ordinance. Judith Cox reported that Julie Woodruff, Scott County Coordinator, Minnesota ASSIST, urges the Council to seriously consider making the City ordinance consistent with the County ordinance. She also recommends that the City ordinance not be watered down to be consistent with State law. Official Proceedings of the April 21, 1998 Shakopee City Council Page -12- DuBois/Sweeney moved to 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. Motion carried unanimously. Sweeney/Amundson moved to offer Resolution No. 4887, A Resolution Amending Resolution No. 4179 Authorizing Bank Transfers, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered 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, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4897, Modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 11, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to authorize the release of the balance of the letter of credit for Prairie Village 1st Addition. (Motion carried under the Consent Agenda.) A recess was taken at 10:50 p.m. for an executive session to discuss matters permitted under attorney client privilege. The meeting was re-convened at 11:03 p.m. No action was taken during the executive session. DuBois/Amundson moved to direct the appropriate City officials to enter into a severance agreement with Police Officer Terry Doyle. Motion carried unanimously. Sweeney/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 11:04 p.m. tptAlik,).0,06 11th S. Cox ity Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 28, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 05/28/98 . 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) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450) in the amount of $2, 798 . 70 . Action Requested Move to approve the bills in the amount of $228,407.75 . -31 ; • t '`•••ir CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/28/98 CURRENT YEAR ANNUAL, MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED aaasaaasa aaa a ===a==aa=a=aa=aa==a a=a :aaPE --= 00 N/A 0 -5 -0 0 11 MAYOR & COUNCIL 65,330 3,301 19,009 29 12 CITY ADMINISTRATOR 225,000 11,881 67,876 30 13 CITY CLERK 182,430 10,138 60,947 33 15 FINANCE 326,090 27,471 104,887 32 16 LEGAL COUNSEL 253,500 5,204 101,428 40 474,700 35,126 162,775 34 17 COMMUNITY DEVELOPMENT 34,377 22 18 GENERAL GOVERNMENT BUILDINGS 153,890 7,370 31 POLICE 1,786,920 123,751 676,736 38 32 FIRE 482,560 12,325 132,384 27 33 INSPECTION-BLDG-PLMBG-HTG 261,400 16,249 81,886 31 41 ENGINEERING 442,010 29,743 143,341 32 42 STREET MAINTENANCE 828,580 23,961 208,965 25 44 SHOP 125,890 11,388 43,022 34 46 PARK MAINTENANCE 373,940 33,432 129,211 35 91 UNALLOCATED 635,480 1,015 363,360 57 TOTAL GENERAL FUND 6,617,720 352,350 2, 3330,2033 435 17 COMMUNITY DEVELOPMENT 485,570 28,424 144,043 30 43 TOTAL TRANSIT 4=5=5'= =38=42 = =3144=033 aa 0 3: 14 a 19 EDA 156,600 6,558 23,104 15 TOTAL EDA 156,600 3__ 333==a :=6,558 3===3=10= ala H 0 rn ro Ct. a Cl/ a a as a a a x xxxxx x x xxx x x x x H H H HH H H H 0 00000 0 0 000 0 0 0 0 z C4 W 0aI AU E 0 z H 43 U co O er H 0 O H N M ON N t`re N.h m MMM M M H 0 0 to O O O m O 0 H V•d1 14 V' m In m O1 m m 10 r co 17 tD N l0 O O H W W CO to to tf1 1.0 10 M In U1 In 0 0 N N Z to N N N N N to In >i to to to to 111 er er co co co N 01 l0 m H 0 W 0 MM N O O I< 00000 H 0 000 0 0 l0 co O er O HH H . 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Z0 w 0 E U rcl 4 Ix 0 01 01 4 H H 4 O1 H 4 E W W Z Cl) 0 U A E W H H a u a W H E co Cl] a a H W W x H (1 d' 111 H )11 0 co H c) 01 co co co co co co co 0 0 H H H M C') Tr Tr C d' d' d' N N N N N co H 44 = 4t 3t 3t U 4U 3t it 1t 3t Sar 3t 44 3t U 4t 3t 13, 8, CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Vacation of Drainage&Utility Easement (Between Lots 1 & 2, Block 3, Westridge Lake Estates Second Addition) APPLICANT: Darrel E. & Chris T. Gonyea and Westridge Bay Company DATE: June 2, 1998 Introduction: The City Council received a request from Darrel E. and Chris T. Gonyea and Westridge Bay Company to consider the vacation of the drainage and utility easement located between the common lot line of Lots 1 and 2,Block 3, Westridge Lake Estates Second Addition. The applicant/owners are requesting a minor subdivision to realign the common lot line between the two parcels, and thus, will need to vacate the existing easement and redefine a new easement along the new lot line. Discussion: The Planning Commission reviewed the request at its meeting of May 21st, 1998. The Commission recommended approval of the requested vacation. Alternatives: 1. Approve Resolution No. 4917 approving the requested vacation. 2. Deny the request to vacate the subject easement right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Planning Commission Recommendation: The Planning Commission recommended Alternative 1, approval. Action Requested: Offer and approve Resolution No. 4917, approving the requested easement vacation. is\commdev\cc\1998\cc0602\vacgonya.doc WESTITIDGE LE ESTATES SEC D ADDITION \ N \ \ C O m 0 . D ` • N � o p \ 1 T C7 1,; o al r N D 1 1 \ " X M Ac I \ 9w. O 6‘4 0-4 I cJ ("It( * d b (J I x I c •_`mow � ckx co �A.bbti°�� �I a 1 � \ ti o / �, oI II I '.. .Tit -7S—S-8-9°-39' 06" E k, /� oI I I / ,I r `� 43 ' �� ;06019 •2T o6• �I I j I I /,ti 50.9 42.44 r 4:1 1" m1 V" �•e.`�/. o A�pQ • "' . S_-a<, 4, ^j•• Al I 41 Q4.1? 0o"� / �I ,,,,•,>\A L5), 4. \`', oa. • .t•; I I 1 - �., ob / mss. \ �i�',�o,,, \,� �: I Z \k61 / s\ �\ \ I 1 �p,p 0 / `� \ •Oj \ \ 3 I I I •w ..+ \ ! \ �,X.- \ v� '45,1 I I A O� 0 1 ; . ,), 4 \ j , \\ ;�``'op°o \'moo$oo,r►I ! ! m Bks° �4 sus. \� °o.\�O� OS .• 9E•BZZ=�0 '.;`e'- • \ '' ' • v \ \ �``^ "� . '' 44 i •tot 9 \ \ \�°ion\\ V. :•c0•c.cy �gt�'� �� pZE►Z j�'q \0 c?"''.."6,•- •N \ 'ie. \\p\\ ,• . �� 7j`� �\ \ I v \ o ;3\\‘':\\\ std`\ \\°`to`* \ 9�� / y+Y � /:4 \ \ . r N W o`` \ \ '4:\v\*„ °so \ °� /o",o P`, \ \ i n1 —jam•o \ '. �� %�j�'• c�9 1,\ \0�, EXHIBIT B -o WESTRIDGE LAKE ESTATES SEC ND ADDITION r • • g • 10 • • NI • '444''.' . , �, f • 44 ae 44;!? o)0`' , , I • I' l . •? ' / 1,, Iof ' Xl..1-..4-' . - ...) kJ y / fI N._ No • 4� \:; O I c 's,�oo LOT„2 I • ��l/L;1 .rye LOT AREA \ i-.;.,' �• 1.56 ACRES I `�iS. \ 68,147 S0. FT. 10�� ,OOO>' I >i0 I . "°• �,` _,..s, I_1.. I. LOT 1 6 4 sk I LOT AREA I 1.65 ACRES • AO\ I 71,916 S0. FT. • 4,\ .\ I. I • ' _ C I •• \ II . o`tsrv,o°o. \ • • O0Oo 0. \ I. izI I so \ --- -. J 148.67 Z i. R.620.10 . C49 't '0 10 pa13 00 D m5.30 %0 �..-- ` 4.62 2g V15IA R10G • EXHIBIT B RESOLUTION NO. 4917 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE WEST 10 FEET OF LOT 1, BLOCK 3, and the EAST 10 FEET OF LOT 2, BLOCK 3, WESTRIDGE LAKE ESTATES SECOND ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, a drainage and utility easement has been dedicated in Lots 1 and 2, Block 3, Westridge Lake Estates Second Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that this easement serves no public use or interest as the result of the realignment of the common lot line between Lots 1 and 2, Block 3, Westridge Lake Estates Second Addition; 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 2nd day of June, 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 the vacation hereinafter described is in the public interest; and 2. That the following drainage and utility easement located in Lots 1 and 2, Block 3, Westridge Lake Estates Second Addition, City of Shakopee, Scott County, Minnesota, serves no further public need, is hereby vacated, and described as follows: That part of the 10 foot drainage and utility easement over and across the West 10 feet of Lot 1, Block 3, and the East 10 feet of Lot 2, Block 3, WESTRIDGE LAKE ESTATES SECOND ADDITION, according to the recorded plat thereof, City of Shakopee, Scott County, Minnesota, lying northerly of the southerly 10 feet thereof and southerly of that part of said Lot 1 and Lot 2 southerly of the Survey Line within said lots. 3. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1998, Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street CERTIFICATION OF RESOLUTION NO. 4917 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. , presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 2nd day of June, 1998, as shown by the minutes of the meeting in my possession. Dated this day of , 1998 13. 3- CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street, Project No. 1998-5 DATE: June 2, 1998 INTRODUCTION: Attached is Resolution No. 4918, a resolution ordering the improvement and preparation of plans and specifications for 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street, Project No. 1998-5, by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes; and for the extension of sanitary sewer and watermain to 17th Avenue; and a storm sewer outlet from 17th Avenue to the Mn/DOT Linear Pond. BACKGROUND: On April 21, 1998, the City Council adopted Resolution No. 4892, ordering the preparation of a feasibility report for the improvements listed above. The feasibility report has been completed and submitted to City Council on May 19, 1998. At that meeting, Resolution No. 4903, a resolution receiving a feasibility report and calling for a public hearing was approved and set the public hearing for June 2, 1998. At the conclusion of the public hearing, if City Council determines that this project should be constructed, attached is Resolution No. 4918 which orders plans and specification prepared for the project. This project is essentially for providing sanitary sewer, watermain, storm sewer outlet and street access to a number of parcels in the MUSA area including ISD #720 future elementary school. Staff will make a presentation at the Council meeting on the feasibility report. The recommendation from staff is to construct the entire 1/2 mile segment of 17th Avenue, as proposed, as the School District will be developing their entire site and the area north of the school has shown interest in developing as soon as possible. ALTERNATIVES: 1. Adopt Resolution No. 4918, which orders plans and specifications for this project as recommended by the feasibility report. 2. Adopt Resolution No. 4918, which orders plans and specifications for this project as recommended by the feasibility report and as amended by City Council. 3. Move to authorize the appropriate City officials to execute a consultant extension agreement, with WSB & Assoc., Inc., for consulting services to complete the plans and specifications for the improvements. 4. Determine that this project should not be constructed and deny Resolution No. 4918. 5. Table Resolution No. 4918 for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 3. ACTION REQUESTED: 1. Offer Resolution No. 4918, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 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, Project No. 1998-5 and move its adoption. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement, with WSB & Assoc., Inc., for consulting services to complete the plans and specifications for the improvements. Ag., Bruce Loney Public Works Director BL/pmp MEM4918 MAY-28-1998 14:09 USB 8. ASSOCIATES INC. 6125411700 P.02/05 - 350 Westwood Lake Office B.A.Mitrclstcadt,P.E.Bret A.Weiss.P.E. HfS WSS 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 May 28, 1998 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services 17th Avenue-Sarizan Street to %z Mile East Sanitary Sewer Extension from Trunk Sewer SS-H Westerly Watermain Extension for French Trace 1St Addition Trunk Storm Sewer to Mn/DOT Linear Pond, Segment 1 WSB Proposal No. 050.98 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 on the attached scope of services,Exhibit"A". The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes design surveying,legal description preparation and engineering design. Payment of services would be completed by the following schedule: Design surveying,base map and legal descriptions(cost reimbursable) $9,000 Design phase services(lump sum) $43,800 Total $52,800 It is proposed that all work under the contract would be considered complete following the award of the contract by the City Council. The construction services phase would need to be initiated following the bid award. We are available to begin work plan as soon as authorized by the City and we anticipate to complete the project according to the following schedule,assuming that we receive the notice to proceed on June 2, 1998. We would propose to complete the project according to a tentative schedule noted as follows: Public hearing June 2, 1998 Order plans and specs June 2, 1998 Receive plans and specs/Order ad for bid July 21, 1998 Receive bids August 21, 1998 Award contract September 1, 1998 Begin construction September 14, 1998 Substantial construction completion November 20, 1998 Infrastructure Engineers Planners P.•iWPwsmomOPosatosaosionf sift 4r EQUAL OPPORTUNITY EMPLOYER MAY-28-1998 14:09 WSE & ASSOCIATES INC. 6125411700 P.03/05 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee Shakopee,MN March 12, 1998 Page 2 The City of Shakopee agrees to reimburse WSB &Associates 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&Associates,Inc. (gt\Sli Ay' w Bret A.Weiss,P.E. City Administrator Vice President City Clerk Mayor Date Iv/sm P.IWPIVIMPROPOSAmo.46102emblah, MAY-28-1998 14:09 LJSE & ASSOCIATES INC. 6125411700 P.04/05 Exhibit A 17th Avenue Extension (Sarizan Street to 1/z Mile east) Sanitary Sewer, Watermain and Trunk Storm Sewer City of Shakopee, MN WSB Proposal No. 050.98 WORK PLAN • Project Management This task includes planning and coordination of all work tasks,establishment and monitoring of budgets,and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project,review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection Available data will be collected from the City,Mn/DOT,private utility companies, and adjacent developers as necessary,to prepare the construction documents. • Surveys/Base Mapping Base mapping will be developed,using information available from the City of Shakopee and the developers adjacent to the roadway. This information will be supplemented with field surveys for topographic features, elevation control,and specific utility location. Horizontal control will be tied into the Scott County Coordinate System. Vertical control will be tied into existing elevations established by the City of Shakopee in the project vicinity. Field surveying will be completed to acquire additional critical design information not available on the topographic mapping and cross-sections on 100-foot intervals throughout the areas anticipated to be disturbed and graded. • Soils Report Soils information will be used from previous construction and adjacent developers. • Construction Plans/Bidding Documents The construction plans/bidding documents phase includes the bulk of our effort on the project. Some of the activities associated with this phase and included in the project fee are as follows: - Description of the Project It is our understanding that the project, as outlined in the feasibility report, includes the following activities: - Surface improvements on 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street including street construction,concrete sidewalks,bituminous trail,street lights,landscaping,and lateral storm sewer improvements. - Sanitary sewer extension from trunk sewer SS-H,westerly to approximately Sarazin Street. - Watermain extension from French Trace 1 n Addition to 17th Avenue and Sarazin Street. - Trunk storm sewer from 1T° Avenue to Mn/DOT Linear Pond, Segment 1 as outlined in the Feasibility Report. 1 F wPW! PROPOS4LIOSa981EMAllu MAY-28-1998 14:10 LdSB & ASSOCIATES INC. 6125411700 P.05/05 Exhibit A 17' Avenue Extension (Sarizan Street to 'A Mile east) Sanitary Sewer, Watermain and Trunk Storm Sewer City of Shakopee, MN WSB Proposal No. 050.98 - Final Design This phase will include the development of bidding documents as necessary to facilitate construction,as well as receive the necessary agency approvals. Preparation of these documents includes,but is not limited to,the following tasks: - Preparation of cross-sections at 30 meter intervals. - 500-scale (Metric units) plan and profile sheets fro street construction, and lateral storm sewer construction. - Erosion control/landscaping. - Sanitary sewer extension plans. - Watermain extension. - Trunk storm sewer. - Traffic control. - Specification WSB will utilize the standard City of Shakopee specification and details. Project specific items will be addressed in a special provision section,as well as a supplementary general condition section. • Permits All necessary permits will be acquired as a part of the construction plan preparation. The cost of the permits would be paid by the City of Shakopee. • Project Bidding Upon approval of the bidding documents by the City,WSB will distribute the necessary number of plan sets to the City for distribution. WSB will bill the City for the expenses of the plan printing. If requested, WSB will sell the plan sets to prospective bidders and will not refund that deposit to the unsuccessful bidders. In this case,the City would not be billed for the plan printing. • Construction Management/Observation This will be addressed at the time the project is awarded. • Record Drawings These will be completed on a cost-reimbursable basis upon completion of the project. 2 F:1WPWJMPBoPOsALuSo.91TrA iks TOTAL P.05 RESOLUTION NO. 4918 A Resolution Ordering An Improvement And the Preparation Of Plans And Specifications For 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 Project No. 1998-5 WHEREAS, pursuant to Resolution No. 4903 adopted on May 19, 1998, fixed a date for Council hearing on the proposed improvement of 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street by the installation of 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 French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer from 17th Avenue to Mn/DOT linear pond and any other appurtenant work as described in the feasibility report and as amended for the project; 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 2nd day of June, 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: 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 French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer from 17th Avenue to Mn/DOT linear pond and any other 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 1998-5 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 v rel tri "%, " 0 0 a N N eel. Z U M .. oo h 0 F 0% v'f 0 N a., 0 tU et — N ON o a e ch VY M '11 n !g-57',,,,,- C7 en en N N a N V Id o a;.az�y*". G7 �F��cai� LV 0 3ti • . ` n v) N 01 V7 O O y 00 .. O N In a NI- NN_ of 00 t. N N O' 00 N - M N A-;'"C4 to Oi VON k n. N 0 N x O ,, z O Z V N N el d O W W Q O N - r , ,.0 0. —04, ..,2 ....t: rL, y n = m < 1C- ' EZ- N • ,f.'''' f=y l GLI i. vh ;; U U h O v1 $ y In N hO t < zz 2 isW < h . i W iza Z W ^M' F "; Q � w , . `; g .a W m cd �. W . 9 N N ,.: oo O 0 00 0 00" O CO Cji N 0 M M N N N M O v1 vi • *'.: 00 N N 0 N s- 'a u a w U > i f Er d < Ot, L�tl :, g Z 3 11 I3 . C . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Proposed Amendments to the Tobacco Ordinance DATE: May 29, 1998 INTRODUCTION: City Council is asked to give direction to staff on what changes are desired to the City ordinance on tobacco. The appropriate ordinance will then be prepared for Council consideration at a subsequent meeting. BACKGROUND: On April 21, 1998, City Council set June 2, 1998, at 7 :30 p.m. to hold a public meeting on considering changes to the City tobacco ordinance. This was in follow-up to a suggestion by Councilor DuBois that the Council look at the City' s fines as compared to the fines contained in the recently adopted Scott County tobacco ordinance. On April 21, 1998, I also shared a recent conversation that I had had with Ms. Julie Woodruff, Scott County Coordinator, Minnesota ASSIST. Ms. Woodruff urged the City Council to seriously consider making the City ordinance consistent with the County ordinance. In order to keep all options open to City Council, the notices that were mailed to all tobacco licenses on May 1, 1998, stated that the City Council would be considering the Scott County ordinance on June 2, 1998 . Licensees were also provided a copy of the Scott County ordinance. ATTACHMENTS PROVIDED: 1 . Copy of Scott County tobacco ordinance. 2 . Copy of City of Shakopee tobacco ordinance. 3 . Copy of Minnesota Statutes relating to tobacco products. 4 . Comparison of tobacco regulations among cities in Scott County including Scott County and the League of Minnesota Cities 197 Youth Access Bill from Julie Woodruff. 5 . Comparison of tobacco regulations between Scott County and the City of Shakopee from Judith Cox, City Clerk. I - 2 - 6 . Memo from Mark McNeill, City Administrator, clarifying that clerk' s under the age of 18 may not sell any alcohol product, on or off sale. 7. Copy of notice sent to tobacco licensees in Shakopee. 8 . May 8, 1998, letter from Julie Woodruff, Scott County Coordinator -- Minnesota ASSIST, urging that the Shakopee tobacco ordinance be amended to match the stronger standard set by the Scott County tobacco ordinance. 9 . 1994-1997 Minnesota ASSIST compliance check results within Scott County. 10 . Packet of information from Minnesota ASSIST relating to youth and tobacco. 11. May 27, 1998, letter from Superamerica expressing their need to employ workers under the age of 18 . 12 . May 14, 1998, letter from Glenn Bruder, on behalf of the Minnesota Coalition of Responsible Retailers, regarding proposed changes to the City' s tobacco regulations. 13 . February 18, 1998, letter from Judy Knapp, Smoke Free 2000 Coalition, to the Yellow Medicine County Board of Commissioners, regarding the Minnesota Coalition of Responsible Retailers. ALTERNATIVES: 1. Direct staff to prepare an ordinance identical to that of Scott County. 2 . Direct staff to prepare an ordinance incorporating certain elements of the Scott County ordinance identified by City Council . 3 . Retain the current City ordinance 4 . Direct staff to prepare an ordinance identical to State law, which is less restrictive than the current City ordinance RECOMMENDATION: After hearing brief comments from the City Attorney on the State law and the County ordinance, take comments from members of the audience. After hearing comments, discuss and give direction to staff on desired changes to be incorporated into an amendment to the City' s current tobacco ordinance. tmaA7dt. V' Ju: S. Cox, Ci y Clerk h:\judy\toba-6-2 t r r / 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. 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 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. If 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 officers, as appointed by the Scott County Board, or his designees, 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. 3 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. 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 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 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 Sheriffs 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 Sheriffs 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 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 two (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 designees. 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 • 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 16.0 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after June 7 1998. Adopted this 7th day of April , 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 C.unty Administrato Date: /---1- -7 , 1998 • Approved as to form: - M// „/Thomas J. Harbinson Scott County Attorney Date: /(.0 - % , 1998 9 - - ctlf of Toe4cc0 OtoiNtNCC. § 6.22 • Subd. 26. Manifests. Every driver shall maintain a daily manifest upon which are recorded all trips made each day showing the time and place of origin, the destination of each trip, and the amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of the driver's tour of duty. All manifests shall be available to the City Clerk and the Police Department. Every holder of a license shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year. (Ord. 147,June 14, 1984; Ord. 199, July 10, 1986; Ord. 337, July 23, 1992) SEC. 6.23. TOBACCO. Subd. 1. Definition. As used in this Chapter, the term "tobacco" means and includes tobacco in any form, including, but not limited to, cigarettes, cigars, bagged, canned or packaged product. Subd. 2. License Required. It is unlawful for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form unless a license therefor shall first be obtained from the City. Subd. 3. Repealed. Subd. 4. Restrictions. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. Unless a person has obtained written consent from his or her parents, it is unlawful for any person under the age of 18 to sell, furnish, or give away any tobacco. C. It is unlawful for any person to keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, near jimson weed, bells donna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Subd. 5. Vending Machines. No person shall offer tobacco for sale or allow it to be sold by or from a vending machine, except in an area within 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. Subd. 6. Self-Service Merchandising. No person may offer tobacco for sale or allow it to be sold from an open display to which the public has access without the intervention of an employee, except as follows: Cigarette cartons may be sold 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. Subd. 7. Responsibility. A. The licensee shall be responsible for the conduct of its employees while on the licensed premises. Any violation of this section shall be considered an act of the licensee for purposes of imposing a civil penalty, license suspension, or revocation. pop revised in 1996 616 • § 6.24 B. The licensee shall post signs on all tobacco display racks that all shoplifters will be prosecuted. C. Before being issued a license each year, each licensee shall certify that all its clerks have been trained regarding the state law prohibiting sales to minors and how to request identification of persons attempting to buy tobacco products. Subd. 8. Civil Penalties. The Council may impose a civil fine, suspend a license, or revoke a license for violations under this Section. A. Hearing. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. B. Penalty for First Violation. The first violation of this section shall be punishable by a civil penalty of up to$200 and a suspension of the license for up to 10 days. C. Penalty for Second Violation. A second violation of this section within any 12- month period shall be punishable by a civil penalty of up to $500 and a suspension of the license for up to 20 days. D. Penalty for Subsequent Violation. A third or subsequent violation of this section within any 12-month period shall be punishable by a civil penalty of up to$1000, and a suspension or revocation of the license. E. Reinstatement Conditions. The City Council may attach conditions to the reinstatement of a suspended or revoked license, including requiring that the licensee and the licensee's employees complete a training program regarding appropriate procedures for determining the age of customers. Subd. 9. Criminal Penalties. In addition to the civil penalties described above, a person in violation of this section may be punished criminally. A first violation of this section shall be a petty misdemeanor. Any person convicted of violating this section twice or more within any 12-month period shall be guilty of a misdemeanor. (Ord. 1,April 1, 1978; Ord. 79, November 17, 1981; Ord. 414, August 26, 1995) SEC. 6.24. FAIRS, CARNIVALS, CIRCUSES,SHOWS AND SIMILAR ENTERPRISES. • Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Fair"-A festival where there is entertainment and things are exhibited and sold. B. "Carnival-Circus" -A traveling commercial entertainment with sideshows, rides and games. pps missed in 1996 617 3 MN Statutes Related To Restricting Youth Access To Tobacco Products MINNESOTA STATUTES Related To Restricting Youth Access To Tobacco Products 609.685 SALE OF TOBACCO TO CHILDREN Subdivision 1. Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) "Tobacco"means 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 sweeping 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. (b) "Tobacco related devices"means cigarette papers or pipes for smoking. Subd. 1 a. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever furnishes tobacco or tobacco-related devices to a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Whoever possesses, smokes, chews, or otherwise ingests, purchases,or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training,education,research,or enforcement purposes. Subd. 4. Effect on local ordinances. Nothing in subdivision 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivision 1 to 3. Subd. 5. Exception. Notwithstanding subdivision 2, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined in section 257.351, subdivision 9. History: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1, 2; 1986 c 352 s 4; 1989 c 290 art 3 s 33, 34; 1992 c 588 s 1; 1993 c 224 art 9 s 44,45; 1994 c 636 art 2 s 44 January 1998 1 4 , MN Statutes Related To Restricting Youth Access To Tobacco Products DISTRIBUTION OF TOBACCO PRODUCTS 325F.76 DEFINITIONS. Subdivision 1. Terms. For the purposes of section 325F.76 to 325F.78, the terms defined in this section have the meanings given them. Subd. 2. Chewing tobacco. "Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth. Subd. 3. Distribute. "Distribute" means to give products to the general public at no cost or at nominal cost for product promotional purposes. Subd. 4. Package. "Package" means a pack,box, or container of any kind in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed. Subd. 5. Person. "Person" means any individual, partnership, corporation, or other business or legal entity. Subd. 6. Smokeless tobacco. "Smokeless tobacco" means chewing tobacco or tobacco snuff Subd. 7. Tobacco snuff. "Tobacco snuff" means a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils,chewed,or held in the mouth of an individual user. History: 1986 c 352 s 1 325F.77 PROMOTIONAL DISTRIBUTION Subdivision 1. [Repealed, 1987 c 399 s 5] Subd.2. [Repealed, 1987 c 399 s 5] Subd.3. Legislative intent. Because the state prohibits both the use of tobacco products by minors and the furnishing of-tobacco products to minors, and because the enforcement of an age-related restriction on the promotional distribution of tobacco products is impractical and ineffective,it is the intent of the legislature to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution,except as allowed in this section. Subd. 4. Prohibition. No person shall distribute smokeless tobacco products or cigarettes, cigars, pipe tobacco, or other tobacco products suitable for smoking,except that single serving samples of tobacco may be distributed in tobacco stores. History: 1986 c 352 s 2; 1987 c 399 s 3,4 January 1998 2 . ' MN Statutes Related To Restricting Youth Access To Tobacco Products 340A.503 PERSONS UNDER 21; ILLEGAL ACTS Subd. 6. Proof of age; defense. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (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. (b) In a prosecution under subdivision 2,clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling,bartering,furnishing,or giving the alcoholic beverage. History: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c/111; 1987 c 152 art 1 s 1; 1989 c 301 s 13, 14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995c 185s7; 1995c 186s67; 1996c323s4; 1996c442s24. [Note: The above statute is used for proof of age for purchasing both alcoholic beverages and tobacco products. See §609.685 Subd.lb.] Minnesota Session Laws - 1997 Minnesota Statute Section 144.391 Legislative Statement On Public Policy About Youth Smoking The legislature finds that: (1) smoking causes premature death,disability,and chronic disease,including cancer and heart disease, and lung disease; (2) smoking related diseases result in excess medical care costs; and (3) smoking initiation occurs primarily in adolescence. The legislature desires to prevent young people from starting to smoke,to encourage and assist smokers to quit, and to promote clean indoor air. HIST: 1SP1985 c 14 art 19 s 13 January 1998 3 } MN Statutes Related To Restricting Youth Access To Tobacco Products Minnesota Session Laws - 1997 Youth Access To Tobacco Legislation CHAPTER 227-H.F. No. 117 An act relating to commerce;requiring local units of governments to license the retail sale of tobacco; providing for mandatory penalties against license holders for sales to minors;requiring compliance checks; restricting self-service sales;requiring disclosure of specified substances in tobacco products;prescribing penalties; amending Minnesota Statutes 1996, sections 171.171; 260.195,subdivisions 3 and 3a; and 461.12;proposing coding for new law in Minnesota Statutes,chapter 461; repealing Minnesota Statutes 1996, section 325E.075. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996, section 171.171,is amended to read: 171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS.] The commissioner shall suspend for a period of 90 days the license of a person who: (1)is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a drivers license,permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage; (2) is convicted under section 171.22, subdivision 1,clause (2), or 340A .503, subdivision 2, clause(3), of lending or knowingly permitting a person under the age of 21 years to use the person's driver's license,permit or Minnesota identification card to purchase or attempt to purchase and alcoholic beverage; (3)is under the age of 18 years and is found by a court to have committed a petty misdemeanor under section 609.685, subdivision 3,if the person used a driver's license,permit, or Minnesota identification card to purchase or attempt to purchase the tobacco product;or (4)is convicted under section 171.22, subdivision 1,clause (2),of lending or knowingly permitting a person under the age of 18 years to use the person's driver's license,permit, or Minnesota identification card to purchase or attempt to purchase a tobacco product. Sec. 2. Minnesota Statutes 1996, section 260.195, subdivision 3 is amended to read: Subd. 3. [DISPOSITIONS.] If the juvenile court fmds that a child is a petty offender,the court may: (a)require the child to pay a fine of up to$100; (b)require the child to participate in a community service project; (c)require the child to participate in a drug awareness program; (d)place the child on probation for up to six months; (e) order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an outpatient chemical dependency treatment program; (t) order the child to make restitution to the victim;or (g)perform any other activities or participate in any other outpatient treatment programs deemed appropriate by the court. In all cases where the juvenile court finds that a child has purchased or attempted to purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's license or permit to drive, and if the child used a driver's license,permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage,the court shall forward its fmding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt,the commissioner shall suspend the child's license or permit for a period of 90 days. January 1998 4 MN Statutes Related To Restricting Youth Access To Tobacco Products In all cases where the juvenile court finds that a child has purchased or attempted to purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's license or permit to drive, and if the child used a driver's license,permit,or Minnesota identification card to purchase or attempt to purchase tobacco,the court shall forward its finding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days. None of the dispositional alternatives described in clauses (a)to (f) shall be imposed by the court in a manner which would cause an undue hardship upon the child. Sec. 3. Minnesota Statutes 1996, section 260.195, subdivision 3a,is amended to read: Subd. 3a. [ENHANCED DISPOSITIONS.] If the juvenile court finds that a child has committed a second or subsequent juvenile alcohol or controlled substance offense,the court may impose any of the dispositional alternatives described in paragraphs (a)to(c). If the juvenile court fmds that a child has committed a second or subsequent juvenile tobacco offense,the court may impose any of the dispositional alternative described in paragraphs (a)to(c). (a) The court my impose any of the dispositional alternative describe in subdivision 3,clauses (a)to (f). (b)If the adjudicated petty offender has a driver's license or permit,the court may forward the license or permit to the commissioner of public safety. The commissioner shall revoke the petty offender's driver's license or permit,until the offender reaches the age of 18 years or for a period of one year, whichever is longer. (c)If the adjudicated petty offender has a driver's license or permit,the court may suspend the driver's license or permit for a period of up to 90 days,but may allow the offender driving privileges as necessary to travel to and from work. (d)If the adjudicated petty offender does not have a driver's license or permit,the court may prepare an order of denial of driving privileges. The order must provide that the petty offender will not be granted driving privileges until the offender reaches the age of 18 years or for a period of one year,whichever is longer. The court shall forward the order to the commissioner of public safety. The commissioner shall deny the offender's eligibility for a driver's license under section 171.04, for the period stated in the court order. Sec. 4. Minnesota Statutes 1996, section 461.12, is amended to read; 461.12 [MUNICIPAL TOBACCO LICENSE.] Subdivision 1. [AUTHORIZATION.] A town board or the governing body of a home rule charter or statutory city may license and regulate the retail sale of tobacco as defined in section 609.685, subdivision 1, and establish a license fee for sales to recover the estimated cost of enforcing this chapter. The county board shall license and regulate the sale of tobacco in unorganized territory of the county and in a town or a home rule charter or statutory city if the town or city does not license and regulate retail tobacco sales. Retail establishments licensed by a town or city to sell tobacco are not required to obtain a second license for the same location under the licensing ordinance of the county. Subd. 2. [ADMINISTRATIVE PENALTIES;LICENSEES.] 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 chapter,the liceAtite 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 licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 3. [ADMINISTRATIVE PENALTY;INDIVIDUALS.] 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 January 1998 5 MN Statutes Related To Restricting Youth Access To Tobacco Products 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 licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 4. [MINORS.] The licensing authority shall consult with interested educators, parents, children, and representatives of the court system to develop alternative penalties for minors who purchase,possess, and consume tobacco. The licensing authority and the interested persons shall consider a variety of options, including,but not limited to,tobacco free education programs,notice to schools,parents, community service, and other court diversion programs. Subd. 5. [COMPLIANCE CHECKS.] A licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with section 609.685. Compliance checks must involve 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. Subd. 6. [DEFENSE.] It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6. Subd.7. [JUDICIAL REVIEW.] Any person aggrieved by a decision under subdivision 2 or 3 may have the decision reviewed in the district court in the same manner and procedure as provided in section 462.361. Sec. 5. [461.17] [MANUFACTURERS TO REPORT CERTAIN SUBSTANCES TO ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES.] Subdivision 1. [ANNUAL REPORT REQUIRED.] Each manufacturer of tobacco products sold in Minnesota shall provide the commissioner of health with an annual report,either on paper or by electronic means. The report shall be provided in a form and at a time specified by the commissioner,identifying; for each brand of such product, any of the following substances present in detectable levels in the product in its unburned state and if the product is typically burned when consumed,in its burned state; (1) ammonia or any compound of ammonia; (2) arsenic; (3)cadmium; (4) formaldehyde; and (5) lead. The form for annual reports under this section is not a rule for purpose of chapter 14,including section 14.386. Subd. 2. [ASSISTANCE TO LOCAL GOVERNMENTS.] Upon request,the commissioner shall provide a local government unit with a copy of reports filed under this section,to assist in the enforcement of local ordinances. Subd. 3. [PUBLIC DATA.] Reports under this section are public data. Sec. 6. [461.18] [SELF-SERVICE SALES RESTRICTED.] Subdivision 1. [SELF-SERVICE SALES OF SINGLE PACKAGES RESTRICTED.] (a) No person 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. (b)Cartons and other multipack units may be offered and sold through open displays accessible to the public. (c)Paragraph(b)expires on the effective date of subdivision 3. (d)This subdivision shall not apply to retail stores which derive at least 90 percent of their revenues from tobacco and tobacco-related products and which cannot be entered at any time by persons younger than 18 years of age. Subd. 2. [VENDING MACHINE SALES PROHIBl'1'ED.] No person shall sell tobacco products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. January 1998 6 MN Statutes Related To Restricting Youth Access To Tobacco Products Subd. 3. [FEDERAL REGULATIONS.] Code of Federal Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons and other multipack units. Sec. 7. [461.19] [EFFECT ON LOCAL ORDINANCE;NOTICE.] Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restrictive regulation of tobacco sales. A governing body shall give notice of its intention to consider adoption or substantial amendment of any local ordinance required under section 4 or permitted under this section. The governing body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license under section 4. The notice shall state the time,place, and date of the meeting and the subject matter of the proposed ordinance. Sec. 8. [REPEALER.] Minnesota Statutes 1996, section 325E.075, is repealed. Sec. 9. [EFFECTIVE DATE.] Section 6, subdivision 3,is effective upon the implementation of Code of Federal Regulations,title 21, part 897.16(c). NOTE: CHAPTER 227, section 171.171 is effective August 1, 1998 January 1998 7 • V co O C c N -• c To = O o Sp U C N w N �c ` C �O 'CU 0 co W € ', W w o us > C z W 0z- co 0 N o . O 6 80. Q Cm �Ww CO w acro C N � 0 mco� -ate � w� m oC c o m o2 8 c2 d 000 ,�+ al cnc' to co co a) d Nc Cl) E a w w e w wu 6 W o _ c w w Oa O d N `` Co. 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(4i— C y+% O UQ .— OOaO NaW a)' 00)'� n'a C� 7�, �"' a) co co a) 0800 C•0O,C� 041t7P � o6'6 � ON >'a Et7 C000)rnN NB CO° C D: N. C J o E a Z 6 HC a)c ZcYi c'� a) Z 0 d C J N, JzmC '0 'C M 0 C Z ..-.O w N C N CMO. N 0 1n O.0.w0 CO 3 O A w0 C aD 0 3 7 0).0 a = ,.5"..." 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 sell tobacco products 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 least one unannounced compliance check each calendar year. Shakopee ordinance is silent on this. (Now required by State law) 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. (Now required by State law) 10. Scott County ordinance penalties for violations are greater than those of Shakopee. h:\judy\licenses\tobacco CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Age of Clerks -Tobacco/Alcohol Sales DATE: May 28, 1998 Some of you on the Council have apparently been receiving telephone calls from tobacco merchants, who question why the proposed Scott County-styled tobacco ordinance would prohibit any clerk less than 18 years old from selling tobacco products, but they understand the City Code still allows younger clerks to sell 3.2 percent malt liquor(beer). The City Clerk and Police Chief have researched this. Although consumption of alcohol products is prohibited for persons who have not attained the age of twenty-one (21),persons who have attained the age of eighteen(18) may sell or serve alcohol product. Shakopee's ordinance is not clear, but the Minnesota Labor and Industry Standards do prohibit any clerk under 18 years old from selling any alcohol product. It is probable that the four convenience stores who sell off- sale 3.2 percent malt liquor in Shakopee,have not followed this. We will advise them by letter of the State Law. This should make the question being posed as to why tobacco is illegal to sell, but alcohol is not, by younger clerks. Actually, they both are prohibited. /04 kik& Mark McNeill City Administrator MM:tw TOBACCO.DOC NOTICE1)7 Notice is hereby given that the Shakopee City Council will be holding a public meeting on Tuesday, June 2, 1998, at 7:30 p.m. , or thereafter, in the Council Chambers of City Hall at 129 Holmes Street South to consider amending the City Code, Section 6 .23 relating to tobacco. The purpose of the meeting will be to consider amending the City' s tobacco regulations to make them consistent with the Scott County Tobacco Ordinance and with State law. Comments from interested persons concerning this matter will be taken during this meeting. Dated this 30th day of April, 1998 . Judith S. Cox City Clerk h:\clerk\judy\tobacnot 1998 TOBACCO LICENSEES Stonebrooke of Shakopee, Inc. 2693 County Road 79 Beren's Market 123 West Second Avenue Fraternal Order of Eagles#4120 220 West 2nd Avenue Cy's Amoco 312 West 1st Avenue Tom Thumb Food Markets#250 590 S Marschall Road Total Mart 234 West 1st Avenue Holiday Stationstores, Inc. ,#83 444 East First Avenue K-Mart 1200 Shakopee Town Square Raceway Park One Checkered Flag Blvd. County Market 1100 Shakopee Town Square Hennen's Texaco 807 East 1st Avenue Koehnen's Standard 804 East 1st Avenue Valleyfair One Valleyfair Drive The Shoe Repair 132 Holmes Street S SuperAmerica 1155 E First Avenue The Main Event 911 East 1st Avenue American Legion Post#2 1266 East 1st Avenue Babe's Place 124 Holmes Street S Knights of Columbus 1760 East 4th Avenue VFW 4046 1201 East 3rd Avenue Turtle's Bar& Grill, Inc. 132 East 1st Avenue MIN Hotel Corporation/Canterbury Inn 1244 Canterbury Road Valley Liquor Inc. 1102 Shakopee Town Square AFFC, Inc. d/b/a Arnies Friendly Folks 122 East 1st Avenue Spirits of Shakopee,Inc./MGM Liquor Warehouse 471 Marschall Road Family Dining, Inc./Budget Liquor 6268 Highway 101 Riverside Liquors,Inc. 507 East 1st Avenue Canterbury Concessions,Inc./Canterbury Park 1100 Canterbury Road Bretbecca, Inc., d/b/a Pullman Club 124 West 1st Avenue Oasis Market 615 Marschall Road Oasis Market 1147 Canterbury Road [I:\bev\address.cig] May 8, 1998 Dear Mayor Brekke and Members of the Shakopee City Council: Thank you for having a public hearing on June 2, 1998 to consider strengthening the Shakopee tobacco ordinance. Our coalition recommends amending the current Shakopee tobacco ordinance to match the stronger standard set by the recently adopted Scott County tobacco ordinance. The following compliance check information supports the need for this action: March 24, 1994 - during a tobacco compliance check, 10 of 17 (58.82%) Shakopee businesses that have a tobacco license sold tobacco products to minors. February 1995 - (former) Shakopee Police Chief Tom Steininger and Julie Woodruf Scott County Coordinator for Minnesota ASSIST met with each tobacco licensee or their representative to inform them about Minnesota State Statute 609.985 that prohibits the sale of tobacco products to minors, and inform them that unannounced tobacco compliance checks would be conducted at least once per year in Shakopee. March 10, 1995 - during a tobacco compliance check, 5 of 12 (41.66%) Shakopee businesses that have a tobacco license sold tobacco products to minors. March 30, 1995 - during a tobacco compliance check, 7 of 13 (53.84%) Shakopee businesses that have a tobacco license sold tobacco products to minors. July 1995 - The Shakopee City Council adopted a tobacco ordinance. February 1996 - during a tobacco compliance check, 11 of 28 (39.28%) Shakopee businesses that have a tobacco license sold tobacco products to minors. July 1996 - the Shakopee City Council conducted hearings for 6 violators of the tobacco ordinance. Five of the six business owners received a $200 fine; the sixth business owner received a$200 fine and a 10 day tobacco license suspension. November 1997 - during a tobacco compliance check, 12 of 28 02.85%) Shakopee businesses that have a tobacco license sold tobacco products to minors. Clearly, these compliance check results show that the current Shakopee tobacco ordinance does not contain the significant "teeth" needed to stop the sale of tobacco products to minors. These continued high percentages of noncompliance regarding under-age tobacco sales are unacceptable and substantiate the need to strengthen the Shakopee tobacco ordinance. This is a serious public health issue. Smoking is the number one cause of preventable death in our country. Tobacco products kill 430,000 Americans every year -- more than those killed from alcohol, homicides, AIDS, illegal drugs, car accidents, fires and suicides combined. Every day, 3000 teenagers become regular smokers. Of them, 30 will eventually die in traffic accidents, 20 will be murdered, and 750 of them will die from tobacco-related illnesses. We do not want our Shakopee children and the thousands of visiting youths to become future victims of the tobacco industry. Please consider incorporating these stronger provisions from the Scott county tobacco ordinance into the current Shakopee tobacco ordinance: 1. A$250.00 tobacco license fee to cover administrative costs, compliance checks and enforcement. 2. A requirement for tobacco licensees to utilize an approved program to educate their employees regarding the legal aspects pertaining to the sale of tobacco products. 3. A requirement for at least one unannounced compliance check each calendar year. 4. A ban on tobacco vending machines. 5. A ban on self-service merchandising of tobacco products. All tobacco products need to be stored behind the counter. 6. No individuals under 18 years of age are allowed to sell tobacco products. 7. Meaningful penalties for the following individuals: a + • minors who use, possess, furnish, attempt to purchase or purchase tobacco products; • store clerks who sell tobacco products to minors; • tobacco license holders whose business sells tobacco product; to minors. (Please refer to the Scott county tobacco ordinance for specific criminal and/or civil penalties. 8. A statement that reasonable efforts will be made to send Scott County Human Services and tobacco retailers thirty(30) days mailed notice of proposed amendments to the tobacco ordinance. An enhanced tobacco ordinance for Shakopee will not be a magic bullet or a cure-all. However, it will be a significant piece of a large community puzzle--one that requires community-wide responsibility to keep children tobacco-free. A stronger tobacco ordinance will decrease the accessibility of tobacco products to minors. A stronger tobacco ordinance will help create an environment of intolerance for tobacco use by minors, and zero tolerance for under-age tobacco sales. It will have long-term, life-saving consequences for our children -- the future leaders of Shakopee and Scott county. Thank you for considering to strengthen the Shakopee tobacco ordinance. Your leadership with this issue will help protect the present and future health of our children and our community. Sincerely, Julie Woodruff Scott County Coordinator-- Minnesota.ASSIST cc: Dan Hughes, Shakopee Chief of Police Mark McNeill, Shakopee City Administrator Judith S. Cox, Shakopee City Clerk !I CD/ MINNESOTA ASSIST MINNESOTA RIVER VALLEY TOBACCO CONTROL COALITION SCOTT COUNTY TOBACCO COMPLIANCE CHECK RESULTS CITY DATE UNDER-AGE TOBACCO SALES JORDAN Jordan 8/10/94 2/6 (33 .33%) Jordan 1/6/95 4/7 ( 57 . 14%) January 1995 - Letter of intent sent re: upcoming compliance checks . Jordan 6/30/95 4/7 (57 . 14%) *** February 1998 - Jordan adopts a tobacco ordinance. SAVAGE Savage 8/10/94 0/7 (0%) October 1994 - Met with each store manager or person in charge. ;Savage 11/18/94 6/14 (42 . 85%) v** May 1995 - Savage adopts a tobacco ordinance. Savage 9/30/95 3/13 (23 .07%) * ** March 1997 - Savage strengthens their tobacco ordinance. * °* May 1997 - Savage strengthens their tobacco ordinance. Savage 8/23/96 2/13 (15.38%) Sw age 11/14/97 4/13 (30.76%) * x*. March 1998 - Savage strengthens their tobacco ordinance. BILL PLAINE Belle Plaine 7/12/94 7/8 (87 . 5%) November 1994 - Letter of intent sent re: upcoming compliance checks .. Belle Plaine 1/26/95 3/15 ( 20 .0%) Belle Plaine 6/30/95 10/15 (66 . 66%) Belle Plaine 10/18/96 7/13 (53 . 84%) *** January 1997 - Belle Plaine adopts a tobacco ordinance . Belle aine 1/9/98 8/13 (61 . 53%) SHAKOPEE Shakopee 3/24/94 10/17 (58. 82%) February 1995 - met with each store manager or person in charge. Shakopee 3/10/95 5/12 (41 . 66%) • Shakopee 3/30/95 7/13 ( 53 . 84%) *** July 1995 - Shakopee adopts a tobacco ordinance. Shakopee 2/23/96 11/28 (39. 28%) Shakopee 11/21/97 12/28 (42. 85%) PRIOR LAKE Prior Lake 11/10/95 23/23 (100%) Prior Lake 5/29/96 5/25 (20 .00%) *** July 1996 - Prior Lake adopts a tobacco ordinance. Prior Lake 7/25/97 4/18 (22 . 22%) NEW PRAGUE New Prague 10/25/96 8/18 (44 .44%) New Prague 4/11/97 4/17 (23. 52%) *** September 1997 - New Prague adopts a tobacco ordinance. SCOTT COUNTY April 1998 - Scott County adopts a tobacco ordinance. UPDATED 5/7/98 \-ZMinnesota Preventing Youth Access To Tobacco SS/ST omm ;ry o a.oba«o F,ee E ;.o me Resource Packet Contents Minnesota ASSIST Project - Minnesota Department of Health Introduction to Preventing Youth Access to Tobacco.An overview with Division of Family Health information on why policies to reduce youth access to tobacco are important and 717 SE Delaware Street which policies are needed. P.O.Box 9441 Minneapolis,MN 55440-9441 Youth and Tobacco Facts. Fact sheet on use of tobacco among youth, the health TEL: 612-623-5272 risks, and the economic cost of smoking. FAX: 612-623-5733 Spit Tobacco and Youth Facts. Fact sheet on spit tobacco use among youth. Health Effects of Smoking Among Young People. Fact sheet on the short and long-term health consequences of youth smoking. Prepared by the Centers for Disease Control and Prevention. Federal Regulations from the Food and Drug Administration (FDA).A fact sheet listing the new federal rules on youth access to tobacco and penalty information. Summary of Minnesota's Youth Access Law.A summary of Minnesota's new The Minnesota youth access law which went into affect August 1, 1997. ASSIST Project is a partnership Minnesota Statutes Related to Restricting Youth Access to Tobacco Products. between the The text of Minnesota's laws relating to youth access to tobacco. Minnesota Department of Model Tobacco Ordinance. (1997 edition).A model ordinance for cities, Health, counties, and townships. Developed by the League of Minnesota Cities in the American cooperation with the Association of Minnesota Counties and the Minnesota Cancer Society, Minnesota Association of Townships. Division, and the communities of Questions and Answers on Preventing Youth Access. Responses to common Minnesota. questions about youth access to tobacco. Quotable Quotes and Media Bites on Preventing Youth Access. These are sample quotes and key phrases you can use when presenting information to community members about youth access. Copy-Ready Graphs. Four copy-ready graphs about tobacco rates and use Minnesota which may be used during your presentations to community members. Department • US Smoking-Related Deaths Per Year, 1990 of Health • Tobacco Use by Minnesota Students: Weekly Cigarette Use 612-623-5000 • Tobacco Use by Minnesota Students: Weekly Chewing Tobacco or Snuff Use TDD 612-623-5522 •Local Ordinance Changes: Commercial Youth Access to Tobacco q —over— CI4PICER SOCETI(' ""°"es°'°°" Inc February 1998 612-925-2772 1-800-582-5152 Preventing Youth Access To Tobacco Resource Packet Contents Page 2 February 1998 References on Compliance Checks/Enforcement.A list of resources found in the literature supporting compliance checks and enforcement of tobacco age-of-sale laws. County-Level Data Resources.A list of county-level data on tobacco use and where to obtain it. Resources for Preventing Youth Access.A list of local and national organizations to contact for more information and resource materials. Minnesota V -7 ASS/S T Introduction to Preventing ommun;y robe«°F,ee E ;,o me t Youth Access to Tobacco Minnesota ASSIST Project Minnesota Department of Health The Minnesota ASSIST Project supports and encourages policy advocacy to Division of Family Health reduce youth tobacco access and availability.Youth tobacco use in Minnesota 717 SE Delaware Street is on the rise. Minors are often able to purchase tobacco for themselves either P.O. Box 9441 over the counter or from vending machines. In 1997, the Minnesota Depart- Minneapolis,MN 55440-9441 ment of Human Services conducted the first scientific statewide survey which TEL: 612-623-5272 demonstrated that 28 percent of tobacco retailers are not complying with state FAX: 612-623-5733 laws prohibiting sales of tobacco products to minors. Minnesota's public health goal is to increase retailer compliance with the state law to 95 percent. While it is good that 72 percent of retailers are in compliance,large numbers of youth still have easy access to tobacco. Preventing youth tobacco use is essential to prevent lifetime addictions because 89 percent of adults who smoke began by the age of 18.1 All community members should be involved in the effort to reduce youth access to tobacco from retail outlets as well as social sources (friends, family members). This means addressing issues around illegal sales to minors, shop- lifting, and social availability of tobacco (from friends and family members), for example.There are a variety of policies at the federal, state, and local level The Minnesota designed to help prevent youth access to tobacco.The state law prohibits the ASSIST Project is sale of tobacco to minors; requires licensing of tobacco vendors and compli- a partnership ance checks of those tobacco outlets; provides penalties for vendors who sell between the illegally and for youth who try to purchase; bans tobacco vending machines Minnesota where minors are allowed; and bans self-service of single packs of cigarettes Department of and smokeless tobacco. Local communities may choose to pass stricter ordi- Health, nances to meet local needs to keep tobacco out of the hands of their communi- the American Cancer Society, ty's children. Minnesota Division, and the Community members have many additional opportunities to help prevent communities of youth tobacco use. By strengthening and enforcing policies that restrict youth Minnesota. access,the community takes responsibility for protecting its youth. Communi- ty members can serve as role models for youth by not using tobacco.Adults can serve as mentors to youth who already use tobacco by helping them quit. The community can support smoke-free environments which help promote a community norm of no tobacco use by youth. For more information about what you can do call the ASSIST Project at 612-623-5272 or contact any of the organizations listed within the resources section of this packet. Minnesota Department nt of Health 1 Centers for Disease Control and Prevention.(1994).Preventing Tobacco Use Among Youth 612-623-5000 People:A Report of the Surgeon General.Washington,DC:US Department of Health and TDD 612-623-5522 Human Services. ‘/AMERICAN CANCER SOS Minriesoto DMebruary 1998sban.IncInc. 612-925-2772 1-800-582-5152 Minnesota AS S/S T Youth and Tobacco Facts Community Action lora Tobacco-Hee Environment Minnesota ASSIST Project •The Minnesota student smoking rate exceeds the national average. In 1995, 39 percent of Minnesota twelfth grade students reported they smoked cigarettes Minnesota Department of Health during the previous 30 days, compared to 34 percent nationally.1 Division of Family Health 717 SE Delaware Street • In Minnesota, in 1995, it was estimated that there were over 1,245,000 youth P.O. Box 9441 between 0-17 years old and that about 25 percent of these minors would become Minneapolis,MN 55440-9441 smokers.Approximately one in three of these smokers will die prematurely.2 TEL: 612-623-5272 • The average teen smoker starts smoking at age 13 and becomes a daily smoker FAX: 612-623-5733 by age 141.3 • Boys are at a particularly high risk for using smokeless tobacco. In a University of Minnesota study,44 percent of eighth, ninth, and tenth grade boys reported using smokeless tobacco.4 •Ninety percent of current adult smokers began smoking by the age of 18. If a person does not begin smoking by age 20, it is unlikely he or she will ever smoke.5 • Of the young people who enter a sequence of drug use that may include alcohol, marijuana, and other illicit drugs, generally,tobacco was their first drug.5 • Cigarette smoking during childhood and adolescence produces significant The Minnesota health problems. Young people suffer cough and phlegm production, increased ASSIST Project is number and severity of respiratory illnesses, decreased physical fitness, and a partnership potential retardation in the rate of lung growth and the level of maximum lung between the function.5 Minnesota Department of • In adults, cigarette smoking causes heart disease and stroke. Studies have Health, shown that early signs of these diseases can be found in adolescents who smoke.5 the American Cancer Society, • More than 400,000 people in the US die prematurely each year of tobacco- Minnesota related diseases. Cigarettes kill more Americans than AIDS, alcohol, car Division, and the accidents,murders, suicides, drugs, and fires combined.6 communities of Minnesota. •Youth who smoke will, over time,contribute to the burden of medical health care costs and premature deaths due to tobacco use. In 1995,in Minnesota, the economic costs of smoking were estimated at$1.3 billion.This is equivalent to $3.36 per pack of cigarettes sold in Minnesota or$277 per Minnesota resident.? •An estimated 516 million packs of cigarettes are consumed by young people each year.Almost half of these packs are illegally sold to minors.8 Minnesota •More than 75 percent of under-aged high school students who are current Department smokers are not asked to show proof of age when theypurchase cigarettes. of Health The most common method that minors se to obtain arettes is to buy them 612-623-5000 in a store.9 TDD 612-623-5522 •A review of 13 studies of over-the-counter sales of tobacco found that, on average, children and adolescents were able to buy tobacco products 67 percent AMERICAN of the time.? CANCER SOCIETY' —over— Mlnnesotc DMabn.enc. February 1998 612-925-2772 1-800-582-5152 Youth and Tobacco Facts Page 2 February 1998 1 Minnesota Department of Children,Families and Learning,Office of Community Collaboration. (1995). Minnesota Student Survey–Perspectives on Youth.St.Paul,MN. 2 Centers for Disease Control and Prevention.(1996,Nov 8).Projected smoking-related deaths among youth.Morbidity and Mortality Weekly Report;45(44):971-974. 3 Teenage Attitudes and Practices Survey II(unpublished data).(1994).Cited in Results of a National Household Survey to Assess Public Attitudes About Policy Alternatives for Limiting Minor's Access to Tobacco Products. Robert Wood Johnson Foundation.Chicago,IL. 4 Boyle R,Forster JL,&Murray D.(1994,Nov).Assessing Teenage Access to Smokeless Tobacco.Paper presented at the American Public Health Association annual meeting.Washington,DC. 5 Centers for Disease Control and Prevention.(1994).Preventing Tobacco Use Among Youth People:A Report of the Surgeon General. Washington,DC:National Academy Press. 6 McGinnis&Foege. (1993).Actual cause of death,US, 1990.Journal of American Medical Association;270:2707-12. 7 US Department of Health and Human Services,Public Health Service. (1995).For a healthy nation:returns on investment in public health.Washington,DC.Cited by Centers for Disease Control and Prevention.(1996,Nov 8).Projected smoking- related deaths among youth—United States.MMWR;45(44):971-974. 8 Cummings,et al. (1994,Feb).The illegal sale of cigarettes to US minors-estimates by state.American Journal of Public Health;84(2):300-302. 9 Centers for Disease Control and Prevention. (1996,May 24).Tobacco use and usual source of cigarettes among high school students—United States, 1995.MMWR;45(20):413-418. Minnesota ASSIST Spit Tobacco and Youth Facts common�ry ncnon fog a robaoo-ree enmoomenr Minnesota ASSIST Project • Underage spit tobacco use begins early.Age 11 or 12 is typical for starting Minnesota Department of Health spit tobacco use.1 Division of Family Health 717 SE Delaware Street •It is estimated that there are approximately 10-12 million spit tobacco users P.O.Box 9441 in the US and 8 to 10 percent of 12-18 year-olds regularly use spit tobacco Minneapolis,MN 55440-9441 products.2 TEL: 612-623-5272 • Sixteen percent of twelfth grade males in Minnesota use spit tobacco FAX: 612-623-5733 weekly.3 In a University of Minnesota study,44 percent of eighth, ninth, and tenth grade boys reported having used spit tobacco more than five times.4 •Variables that are associated with spit tobacco use include having a best friend use tobacco,inflated perception of peers'use of tobacco products, beliefs that school and parental sanctions are not high for tobacco use,recent tobacco purchase, and a perceived belief that tobacco is not difficult to obtain from social sources.5 • Spit tobacco is not a safe alternative to cigarettes.6 •Eighty-one percent of youth regard spit tobacco to be"much safer than - cigarettes."7 - The Minnesota ASSIST Project is •The majority of under age users in a 1992 study felt their parents would a partnership between the agree that using spit tobacco is better than smoking or using drugs.l Minnesota Department of • Spit tobacco is highly addictive and causes cancers of the mouth, gums, Health, tongue, and throat.8 the American Cancer Society, • Spit tobacco can cause gum recession which may lead to tooth decay; mouth Minnesota sores or white patches inside the mouth which can turn into cancer over time; Division, and the and oral cancer, including cancers of the lip, tongue, cheek, throat, gums,roof communities of and floor of the mouth, and larynx (voice box).9 Minnesota. •In 1993, approximately one-half of minors age 12-17 years who had used spit tobacco during the previous month usually purchased their own tobacco; of those who usually purchased their own,82 percent often or sometimes bought their tobacco from small businesses, such as convenience stores.10 •Fifty-two percent of Minnesota students surveyed who use spit tobacco said Minnesota that it was not difficult to purchase it.4 Department of Health •Youth chewing behavior may be influenced by the design of some snack and 612-623-5000 candy products. Some examples include"Big League Chew" shredded gum TDD 612-623-5522 which is sold in a pouch-like package; and rolls of bubble gun or shredded beef jerky which are sold in containers shaped like snuff tins.1 AMERICAN CAWCER —over- SOC ETY' Mi^neso}o Division Inc February 1998 612-925-2772 1-800-582-5152 Spit Tobacco and Youth Facts Page 2 February 1998 1 Office of Inspector General.(1992,Dec).Spit Tobacco And Youth.Department of Health and Human Services. 2 Riddle,SG. (1994,Jul).A Cancerous Epidemic.RDH; 14(7): 14-8, 35. 3 Minnesota Department of Education.(1995).Minnesota Student Survey, 1992-1995:Reflections of Social Change. St.Paul,MN. 4 Boyle R,Forster JL,&Murray D.(1994,Nov).Assessing Teenage Access to Smokeless Tobacco.Paper presented at the American Public Health Association annual meeting.Washington,DC. 5 Boyle RG,Claxton AJ,&Forster JL.(1997).The role of social influences and tobacco availability on adolescent smokeless tobacco use.Journal of Adolescent Health;20:279-285. 6 US Department of Health and Human Services. (1986).The Health Consequences of Using Smokeless Tobacco:A Report of the Advisory Committee to the Surgeon General. 7 Centers for Disease Control and Prevention.(1994).Growing up Tobacco Free:Preventing Nicotine Addiction in Children and Youths. Washington,DC:National Academy Press. 8 Ferentz,KS.(1995,Oct).Tobacco excise taxes:stop children from starting!Maryland Medical Journal;44(10):796-9. 9 National Institute of Dental Research. (1997,Jun).Spit Tobacco:Know the Score.National Oral Health Information Clearinghouse,Bethesda,MD. 10 Centers for Disease Control and Prevention.(1996,Dec 13).Accessibility to minors of smokeless tobacco products. MMWR;45(49):1081. Minnesota Health Effects of Smoking ANS S/S T AmongYoungPeople Commun;fY Action for a Tobacco Free Environment p Minnesota ASSIST Project Facts from CDCs Tobacco Information&Prevention Sourcepage Minnesota Department of Health http://www.cdc.gov/nccdphp/oshistspta5.htm Division of Family Health Office on Smoking and Health,National Center for Chronic Disease Prevention and Health 717 SE Delaware Street Promotion, Centers for Disease Control and Prevention.August 1996 P.O.Box 9441 Minneapolis,MN 55440-9441 •Among young people,the short-term health consequences of smoking include respira- TEL: 612-623-5272 tory and non-respiratory effects,addiction to nicotine,and the associated risk of other FAX: 612-623-5733 drug use.Long-term health consequences of youth smoking are reinforced by the fact that most young people who smoke regularly continue to smoke throughout adulthood.' •Cigarette smokers have a lower level of lung function than those persons who have never smoked.' •Smoking reduces the rate of lung growth.' •In adults,cigarette smoking causes heart disease and stroke. Studies have shown that early signs of these diseases can be found in adolescents who smoke.' •Smoking hurts young people's physical fitness in terms of both performance and endurance—even among young people trained in competitive running.' The Minnesota ASSIST Project is •On average,someone who smokes a pack or more of cigarettes each day lives seven a partnership years less than someone who never smoked.2 between the Minnesota •The resting heart rates of young adult smokers are two to three beats per minute faster Department of than nonsmokers.' Health, the American •Smoking at an early age increases the risk of lung cancer.For most smoking-related Cancer Society, Minnesota cancers,the risk rises as the individual continues to smoke.' Division, and the communities of •Teenage smokers suffer from shortness of breath almost three times as often as teens Minnesota. who don't smoke,and produce phlegm more than twice as often as teens who don't smoke.3 •Teens who smoke are three times more likely than nonsmokers to use alcohol,eight times more likely to use marijuana,and 22 times more likely to use cocaine.Smoking is associated with a host of other risky behaviors, such as fighting and engaging in unpro- tected sex.1 MinnesotaMI t Centers for Disease Control and Prevention.(1994).Preventing Tobacco Use Among Young Department of Health People-A Report to the Surgeon General. 612-623-5000 2 Lew EA,&Garfinkel L.(1987).Differences in Mortality and Longevity by Sex,Smoking Habits TDD 612-623-5522 and Health Status.Society of Actuaries Transactions. 3 Arday DR,Giovino GA,Schulman J,Nelson Dem Mowery P,Samet JM,et al. Cigarette smoking and self reported health problems among US high school seniors, 1982-1989.American cirAiVIERICANJournal of Health Promotion. CANCER SOCE=TY� Minnesota DMslon hc February 1998 612-925-2772 1-800-582-5152 Minnesota Federal Regulations from the A? S/ST omm n;tY o,a robe«°F,ee En;.onment Food and Drug Administration (FDA) Minnesota ASSIST Project Minnesota Department of Health For more information call the FDA at 1-888-FDA-4KIDS or visit Division of Family Health 717 SE Delaware Street the FDA's website at <http://www.fda.gov/>. The FDA,s intemet P.O.Box 9441 section on "Frequently Asked Questions" is located at <http:// Minneapolis,MN 55440-9441 www.fda.gov/opacom/campaigns/tobacco/ctfags.html>. TEL: 612-623-5272 FAX: 612-623-5733 Starting February 28, 1997: • Do not sell cigarettes or smokeless tobacco to anyone under 18. • Check photo ID for anyone under 27. Retailers who pass an FDA compliance check will receive a letter stating so. Retailers who sell to minors risk the following penalties: • First offense = notice of violation to the vendor; • Second offense = $250 civil money penalty; • Third offense = $1,500 civil money penalty; The Minnesota • Fourth offense= $5,000 civil money penalty; ASSIST Project is • Fifth offense = $10,000 civil money penalty; and a partnership • Subsequent offenses = determined on a case by case basis. between the Violation penalties do not escalate if more than 36 months have Minnesota Department of passed between violations. Health, the American Cancer Society, Minnesota To make sure retailers follow the rules, state and local officials will Division, and the work with FDA to monitor retailers across the country. communities of Minnesota. Customers witnessing the sale of tobacco products to a youngster or another violation, can report it to FDA by calling toll-free: 1-888-FDA-4KIDS. Minnesota Department Source: Children & Tobacco, A Retailer's Guide to the New of Health Federal Regulations. Public Health Service, Food and Drug 612-623-5000 Administration, Rockville, MD. TDD 612-623-5522 iplUVIERICAN Minnesota DMsbn.Inc. 612-925-2772 1-800-582-5152 • rSummMinnesota ASS/S T ary of Minnesota's omm ;Y A«; o,a,oba«o_F,ee E ,,o me Youth Access Law Minnesota ASSIST Project Minnesota Department of Health Chapter 227:: Legislative Provisions Division of Family Health Access SE Delaware Street Youth Access to Tobacco Legislation P.O.Box 9441 Minneapolis,MN 55440-9441 TEL: 612-623-5272 Effective August 1, 1998 FAX: 612-623-5733 This law was created to provide a uniform floor of provisions to reduce youth access to tobacco without preempting local control. Notable provisions in the youth tobacco access law are: • Licensing of all tobacco retail outlets. • Graduated penalties against the license holder for the illegal sale of tobacco to minors. The Minnesota • Mandatory compliance checks once every year. Minors participating ASSIST Project is must have parental permission. a partnership between the • Ban on self-service displays of single packs of cigarettes and Minnesota smokeless tobacco and on vending machines except in facilities that Department of cannot be entered by minors (until the full FDA ban on self-service Health, the American goes into effect). Cancer Society, Minnesota • Suspension of the driver's license of a minor who is found guilty of Division, and the a petty misdemeanor for using a driver's license to purchase tobacco, or communities of of an adult who is found guilty of a petty misdemeanor for allowing a Minnesota. minor to use the adult's driver's license to purchase tobacco. • Penalties for the clerk who illegally sells tobacco to minors. • Alternative penalties for minors found to have purchased, used, or possessed tobacco illegally. Minnesota M Department of Health • Tobacco manufacturers must report annually the presence of ammonia, arsenic, cadmium, formaldehyde, and lead in their tobacco products in their burned and unburned state. 612-623-5000 TDD 612-623-5522 • State law will not preempt local ordinances, either current or future, for more restrictive regulations. ifAMERICAN CANCER SOOTY' MI^ ,a ^I0 February 1998 612-925-2772 1-800-582-5152 March 1998 Model Tobacco Ordinance The attached model tobacco ordinance is effective as of August 1997. As issues arise that result in any legal/codification questions, you should contact Kent Sulem, Codification Attorney, at the League of Minnesota Cities. Vending machines and their definition is one example of a currently "unresolved" issue needing close scrutiny and follow up. Mr.,Sulem maybe reached by calling 612-281-1245. t Model Tobacco Ordinance 1997 Edition Introduction: The attached model ordinance is an attempt to provide counties, cities, and townships(Licensing Authorities)with a comprehensive guide to the legal and enforceable means of controlling and reducing the illegal sale,possession, and use of tobacco, tobacco products, and tobacco related devices, to and by minors. It is based on provisions of ordinances from across the country and on the minimum standards imposed by Minnesota Session Laws 1997, Chapter 227. It also addresses.the 1996 FDA tobacco regulations and how they impact on local ordinances. The provisions of this ordinance have either been upheld by the courts, or should be readably defendable. At the end of the ordinance is a list of additional regulations a licensing authority may wish to consider,but these provisions are either untested or are currently being challenged in the courts. Counties, cities, and townships are advised to use caution before adopting"cutting edge"provisions unless they are prepared for defending the ordinance against a legal challenge. Please note that this is only a model ordinance. While intended to be comprehensive, this ordinance may not contain the full extent of regulations a governmental entity may ultimately impose in controlling the problem of illegal tobacco sales and use. For some entities,however,it may contain more restrictive measures than they wish to impose. In addition, there are options listed throughout the ordinance that each licensing authority will need to decide how to handle. Each licensing authority should make all necessary changes to meet the needs of that particular community. If,however, a county, city, or township elects to regulate in a different manner any topic regulated by the FDA Tobacco Regulations of 1996, a preemption waiver will need to be filed. Counties, cities, and townships are encouraged to work with their business communities in the development of their tobacco ordinances. Cooperative efforts usually result in better ordinances for the needs of individual communities and the enforcement of those ordinances. After August 1, 1997,any entity wishing to adopt or amend a tobacco ordinance will be required to make a reasonable effort to give tobacco retailers thirty(30) days mailed notice of the proposed tobacco ordinance or amendment. Reminder: Minn. Stat. §415.021 requires that all cities and townships file a copy of all ordinances adopted with the county law library or the law library's designated depository. Copying costs can be requested from the library or depository. 1 League of Minnesota Cities/8/97 Model Tobacco Ordinance 1997 Edition Ordinance# An ordinance relating to the sale,possession, and use of tobacco, tobacco products, and tobacco related devices in the(county, city, or township) and to reduce the illegal sale,possession, and use of such items to and by minors. The (County Board, City Council, Town Board) of Ordains: Wog:Use whatever adoption language is required for your particular branch of government.) Section 100. Purpose. Because the (county, city, township) recognizes that many persons under the age of 18 years purchase or otherwise obtain,possess,and use tobacco, tobacco products, and tobacco related devices, and such sales,possession,and use are violations of both State and Federal laws; and because studies,which are hereby accepted and adopted, ote: List the specific studies and reports used, if any) have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a fmancial burden on all levels of government; this ordinance shall be intended to regulate the sale,possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices,and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. §144.391. Section 200. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context,all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice versa. The term"shall"means mandatory and the term "may"means permissive. The following terms shall have the definitions given to them: Subd. 1 Tobacco or Tobacco Products. "Tobacco"or"Tobacco products"shall mean any substance or item containing tobacco leaf,including but not limited to, cigarettes; cigars;pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies;perique; 2 League of Minnesota Cities/8/97 Y- granulated,plug cut, crimp cut,read rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts;plug and twist tobaccos; dipping tobaccos;refuse scraps, clippings, cuttings,and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing,or smoking. (Note; This definition expands on the statutory definition to be more inclusive. See Minn. Stat. §609.685) $ubd. 2 Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe,rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. $ubd. 3 Self-Service Merchandising. "Self-Service Merchandising"shall mean open displays of tobacco,tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (Note: Under the FDA tobacco regulations adopted in 1996, self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer). ,$ubd. 4 Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Note: At least one jurisdiction has ruled that a device by which an employee must insert the money in order to operate the machine is not a vending machine for the purpose of this type of ordinance). $ubd. 5. Individually packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. $ubd. 6 Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. 3 League of Minnesota Cities/8/97 ,Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen(18)years. Subd. 8 Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco,tobacco products,or tobacco related devices are available for sale to the general public. Retail establishments shall include,but not be limited to, grocery stores, convenience stores, and restaurants. 5ubd. 9 Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck,van,automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10 Sale. A"sale" shall mean any transfer of goods for money,trade,barter, or other consideration. Subd. 11 Compliance Checks. "Compliance Checks"shall mean the system the(county, city, or township)uses to investigate and ensure that those authorized to sell tobacco, tobacco products,and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco,tobacco products, and tobacco related devices. Section 300 License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the(county, city, township). Subd.1 Application. An application for a license to sell tobacco,tobacco products, or tobacco related devices shall be made on a form provided by the(county,city,township). The application shall contain the full name of the applicant,the applicant's residential and business addresses and telephone numbers,the name of the business for which the license is sought,and any additional information the city deems necessary. Upon receipt of a completed application, the (list appropriate official) shall forward the application to (fill in licensing entity or person authorized to grant license) for action at its next regularly scheduled council meeting. If the (designated application recipient) shall determine that an application is incomplete,he or she shall 4 League of Minnesota Cities/8/97 return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2 Action. The (county board, city council, town board, or designated official)may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. (Note: The county, city, or township may want to provide for a background check before the application is forwarded for action. In such a case, the application should be forwarded to the investigating body within a reasonable period of time,and the background check should be completed within ten days. The application and investigation results would then be forwarded to the licensing authority or designated official for action.) If the (designated licensing official or body) shall approve the license,the (designated official) shall issue the license to the applicant. If the (designated licensing official or body) denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar year from the date of issue. (Note: The county, city, or township may provide that all licenses expire on a specific date.) Subd. 4 Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of (fill in appropriate body or person). ,Subd. 6 Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7 Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8 Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. 5 League of Minnesota Cities/8/97 ! (Note:A different timeline may be used.)The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be$ . (Note: Minnesota Session Laws 1997, Chapter 227, authorizes a license fee sufficient to cover the cost of issuing the license and the anticipated expenses costs of enforcing the ordinance. Fees may also be set in a fee schedule which is then adopted by reference in this Section. Further, some licensing authorities across the country have started using a variable rate fee system under which the amount of the fee charged depends on the type of sales to be allowed. In addition, some cities have offered discounts to retailers who agree to comply with special provisions such as providing training to their clerks. This exact type of fee system has not been tested in Minnesota Courts, but should be defensible if structured properly.) Section 500. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however,except as may otherwise be provided by law,the existence of any particular ground for denial does not mean that the (county, city,or township)must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: (Note: The following is not an exclusive nor exhaustive list,but it does represent the most common and defendable grounds for denial of the license.A licensing authority cannot acct arbitrarily or capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to a certain amount of due process before being denied a license.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, State, or local law,ordinance provision,or other regulation relating to tobacco or tobacco products, or tobacco related devices. (Note: The five year ban is a common number but it could be modified. Bans longer than five years,however, are more risky.) C. The applicant has had a license to sell tobacco,tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation,from holding such a license. 6 League of Minnesota Cities/8/97 Section 600. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell 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, except as may otherwise be provided in this ordinance. (Note: See Section 700, "Vending Machines") C. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby the there is not a physical exchange of the tobacco,tobacco product, or tobacco related device between the licensee or the licensee's employee,and the customer. (Note: See discussion under Section 800,"Self Service") D. By means of loosies as defined in Section 200 of this ordinance. E. Containing opium,morphine,jimson weed,bella donna, strychnos, cocaine,marijuana, or other deleterious,hallucinogenic,toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (Note:. State law will require the disclosure of substances such as arsenic,lead,ammonia, cadmium, and formaldehyde found in or produced by cigarettes.It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Counties, cities, or townships with concerns about"enhanced" cigarettes should contact the an attorney for additional information.) F. By any other means, to any other person, on in any other manner or form prohibited by Federal,State, or other local law, ordinance provision, or other regulation. Section 700 Vending Machines. (Note: The county, city, or township will need to make choices in this section and may combine parts of different options.) Option#1: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco,tobacco products, or tobacco related devices by the means of a vending machine. (Note: Because this provision is more restrictive than its comparable FDA regulation, a city seeking an absolute ban on vending machines,which has been upheld by the courts,would need to seek a preemption waiver.) Option#2: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco,tobacco products, or tobacco related devices by the means of a vending machine unless 7 League of Minnesota Cities/8/97 minors are at all times prohibited from entering the licensed establishment. (Note: This option mirrors both the State and Federal laws.) Section 800. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco,tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco,tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within_ days (Note: Fill in the blank. The county, city,or township will need to determine a reasonable time to allow for rearrangement of store, reconstruction,and/or the purchase of storage units.) following the effective date of this ordinance. (Note: Under State law,the self-service sale of cartons and multi-packs shall be allowed until such time as the FDA regulations take full effect (August 28, 1997 target date pending outcome of a Federal lawsuit) at which time all self-service sales of would be banned. The FDA contains an exemption for stores where minors are, at all times,prohibited from entering. The State law further restricts this exemption to stores that generate ninety(90)percent or more of their revenues from the sale tobacco and tobacco related products. Counties, cities, and townships have the option of adopting the State exemption language or allowing no exceptions. If no exceptions are allowed, an FDA preemption waiver will be required. Further, the State and Federal regulations on self-service sales only apply to cigarettes and smokeless tobacco. Local licensing authorities could,therefore,.exempt cigars and other forms of tobacco without seeking a waiver.) Section 900. Responsibility. All licensees under this ordinance shall beresponsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder.Nothing in this section shall be construed as prohibiting the(county, city, or township) from also subjecting the clerk to whatever penalties are appropriate under this Ordinance,State or Federal law,or other applicable law or regulation. Section 1000. Compliance.Checks and Inspections. All licensed premises shall be open to inspection by the (local law enforcement) or other authorized(county, city, or township)official during regular business hours. From time to time,but at least once per year, the(county, city, or township) shall conduct compliance checks by engaging,with the written consent of their parents or guardians,minors over the age of fifteen(15)years but less than eighteen(18)years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related 8 League of Minnesota Cities/8/97 devices. Minors used for the purpose of'compliance checks shall be supervised by designated law enforcement officers or other designated(county, city, or township) personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase,nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. 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. (Note: State law now mandates at least one unannounced compliance check per year for each licensed establishment.) Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance. Subd. I Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, Subd. 2 Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3 Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Subd. 4 Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5 Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whetherthe identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 9 League of Minnesota Cities/8/97 Section 1200 Violations. (Note: This Section attempts to implement the administrative penalty provisions now required by State law.) $ubd. 1 Notice. Upon discovery of a suspected violation,the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. $ubd. 2 Hearings. If a person accused of violating this ordinance so requests,a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3 Hearing Officer. (Note: Fill in the blank) shall serve as the hearing officer. (Note: The county board, city council, town board, or an independent hearing officer or hearing panel can be appointed.) $ubd. 4 Decision. If the hearing officer determines that a violation of this ordinance did occur,that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under Section 1300 of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise,if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the (county, city, or township) in which the alleged violation occurred. Subd. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the (county, city, or township) from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the (county, city, or township) elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (Note: It is clear that the intent of the State law is to impose an administrative remedy for violations. However,nothing in the law appears to prohibit misdemeanor prosecutions as generally authorized for ordinance violations if the county, city, or township believes a particular situation warrants prosecution. Further, administrative penalties are generally not considered criminal punishment for the purpose of double jeopardy. Therefore,it would be possible to prosecute an ordinance as a misdemeanor while simultaneously imposing the administrative penalties. Each entity,however, will need to determine whether or not it is comfortable seeking two types of penalties. If both penalties are to be imposed, the last sentence of the subdivision text needs to be removed. In addition,prosecution solely under State law remains an option.) 10 League of Minnesota Cities/8/97 Subd 7 Continued Violation. Each violation,and every day in which a violation occurs or continues,shall constitute a separate offense. Section 1300 Penalties. (Note: The amounts set forth below are the State minimums. Counties, cities, or townships may impose higher fines, etc., although reasonableness must still be the standard. In addition, some entities prefer to adopt a fine schedule which could be referenced here instead of listing each fine.) $ubd. 1 Licensees. Any licensee found to have violated this ordinance,or whose employee shall have violated this ordinance, shall be charged an administrative fine of$75 for a first violation of this ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2 Other Individuals. Other individuals,other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee of$50. (Note: The State law imposes this administrative penalty on anybody other than the licensee who sells tobacco to minors. The law is silent on imposing administrative penalties to those who provide but do not sell tobacco to minors. Counties, cities,and townships, however,could impose an administrative penalty as provided in this subdivision.) $ubd. 3 Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be_ . (Note: The state law requires the licensing authority to consult with interested parties of the courts, educators,parents, and children, to develop an appropriate penalty for minors in that particular community. The penalty does not have to be in the form of a fine. It could include tobacco related education classes,diversion programs, community services, or other penalty the city believes will be appropriate and effective.) Subd. 4 Misdemeanor. Nothing in this Section shall prohibit the (county, city, or township)from seeking prosecution as a misdemeanor for any violation of this ordinance. GUI Note in Section 1200, subd. 6.) Section 1400. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco,tobacco products,or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 11 League of Minnesota Cities/8/97 Section 1500 Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction,that fording shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Section 1600 Effective Date. This ordinance shall take effect . (Note: Fill in the time at which the ordinance will take effect. For example,unless otherwise provided for in the ordinance or by city charter, ordinances for cities take effect after publication.) 12 League of Minnesota Cities/8/97 Other Ordinance Provisions and Approaches The following provisions are additional approaches to curb youth access to tobacco, tobacco products,and tobacco related devices. These provisions,however, tend to be less effective, riskier, or simply not within the scope of regulation many counties, cities, or townships wish to impose. Point-of-Sale Advertising. Point-of-sale advertising restrictions seek to eliminate the use of advertising methods such as clocks,colorful banners, grocery check-out lane dividers,etc. These forms of advertisements frequently use characters or symbols found to be highly recognizable and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance which sought to limit or prohibit most forms of advertising at the point of sale except for limited black and white, text/numeric only"tombstone"signs. This ordinance was struck down by the courts,with an emphasis being placed on the fact that the ordinance was not content neutral. While a less restrictive ordinance might be upheld, any ordinance of this type is highly subject to challenge. Point-of-sale advertising restrictions are contained in the FDA tobacco regulations scheduled to take effect August 28, 1997 if they are ultimately upheld by the Courts. Billboards. Related to point-of-sale advertising bans, some local governments have sought to prohibit the use of billboards for advertising tobacco,tobacco products, and tobacco related devices. The City of Baltimore,Maryland has a comprehensive ordinance restricting tobacco related billboards that was ultimately upheld by the courts following several legal challenges. While no Minnesota city has yet adopted such a ban, several cities have adopted zoning regulations restricting all billboards in the city limits. This comprehensive zoning approach has generally been upheld by the courts. If upheld, the FDA tobacco regulations will regulate tobacco billboards. Free Distribution Prohibition. Most forms of free distribution of tobacco and tobacco products are prohibited by State law, and few licensing authorities have had a problem with this issue and thus have not regulated it. One problem that still arises is the use of promotional activities where a person can trade in coupons,proofs-of-purchase, etc. for free samples. Such activities will be restricted by the FDA tobacco regulations. Tracking this form of violation, however,is difficult and it is not totally clear which laws would apply to this situation. Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some licensing authorities would like to regulate other free promotional activities. The idea of restricting free gifts is to eliminate the enticement of young people through flashy give away items such as leather jackets with brand names, etc. Even small items like lighters and frisbees 13 League of Minnesota Cities/8/97 can be viewed as enticements to use a particular brand and at least indirectly encouraging minors to attempt to illegally obtain tobacco or tobacco products. Again,however,regulating such promotional schemes raise constitutional challenges that would need to be overcome and thus such restrictions are highly subject to costly litigation. The FDA tobacco regulations greatly restrict the use of such items. Requireuire Training Workshops. A few local governments have imposedosed requirements that all licensees and their employees attend workshops on the problem of youth smoking, when to require identification,how to recognize false identifications, and general procedures for conducting sales and dealing with problems that may arise. These training opportunities are limited but increasing in popularity. Before a licensing authority decides to impose this requirement,it needs to find a program it is satisfied with that will meet the training requirements and achieve the results desired. Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of eighteen from selling tobacco, tobacco products,and tobacco related devices. Under this type of ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached the age of at least 18 years assist a customer seeking to a restricted item. While there is no express statutory authority for this type of restriction, it is more likely to present logistical and not legal problems.Restrictions of this nature are generally based on the similar language used by statute for the sale of alcoholic beverages. Before adopting this type of restriction, a licensing authority should consider the potential impact on the job market for minors, as well as employee availability for merchants. Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other types of activities considered harmful to minors, and it should be equally defendable for tobacco licensing. Through a combination of the licensing and zoning ordinances,the licensing authority can make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain districts and within certain setback distances from other uses. For example,the licensing authority could prohibit sales within 500 feet of schools, churches,residential areas, and other common areas frequented by minors. Signage. Licensees could be required to post signs indicating that it is illegal to sell tobacco, tobacco products,and tobacco related devices to anyone under the age of 18 years, and that the possession and use of such items by minors is also illegal under both State law and the local ordinance. Such signs give notice to the minors and serve as reminders to clerks to check identifications when there is any doubt about a person being of legal age. Before adopting this requirement, a licensing authority should determine the type of signs it would want, and perhaps consider providing them as a part of issuing the license (the cost could be incorporated into the license fee or billed separately). 14 League of Minnesota Cities/8/97 Sponsorship of events at public locations. Some local governments have adopted policies prohibiting tobacco companies from advertising at public parks, etc. and any private group using the public facility must agree not to allow tobacco based sponsors to advertise by means of car painting,placards,billboards,clothing,etc. There are some potential constitutional challenges to this type of restriction based on equal protection and free speech, but if done correctly, this regulation has worked and should be defensible. The FDA tobacco regulations greatly restrict sponsorship activities. • 15 League of Minnesota Cities/8/97 b G 0 n aCA 0 • 5 V 1 a CD 0 C4 FS " 1-3x o G O a CA O 11." • n ^ , CTC? • o i o cra p n c �1 Z W 0 ^A 0 v~ P b rnPD• CD a O 4 CD CD p \ £ o a v) eet no s O 0 (:' CD � ; a ociD SID o ,r? CI CD C Po A) SID CD c' co I< o /}D a o 0rID ti O o b o. 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O ch O Vi O I I I I I I I ( 0-1 Iv 0N 1985 — -• o 1986 — ri 'CIn r CD ;v o' 1987 — " P l 1 5' 1988 — ¢' OA a 1989 - V. 0 c 2. i--< 1990 — n -0 C O k-D iv,0 P, 1991 — x PCD 1992 — 0 0 vp 1993 — �' 1.--., b 1994 — a 0 1995 CD- Do fm 1996 — 00 CD cn eUU1 = .0 O O O= n _ 0 H nCCD C co 6 5-P,' (1* o, cn a CD o 0cn O Minnesota ASSIST Quotable Quotes and Media Bites omm o,a robs ca F,ee E „onment on Preventing Youth Access Minnesota ASSIST Project Minnesota Department of Health Division of Family Health "We know that tobacco use usually begins at a young age, and that the health 717 SE Delaware Street effects from tobacco can have life-long, devastating effects for the users and • P.O. Box 9441 their families." Minneapolis,MN 55440-9441 —Anne Barry,Commissioner,Minnesota Department of Health. Press release January 5, 1998. TEL: 612-623-5272 Fax: 612-623-5733 "... keeping tobacco out of the hands of our children is everyone's duty, regardless of their political affiliation." —Minneapolis Mayor Sharon Sayles-Belton. Press release January 5, 1998. "If kids smoke today, we all pay the price tomorrow. We pay with the health and lives of our citizens and with our community's dollars." —Dr. Jean Harris, Mayor of Eden Prairie, MN and special consultant to the Minnesota Department Health on tobacco issues. Press release January 5, 1998. "It's up to all members of the community to work together to keep tobacco out The Minnesota of the hands of our youth." ASSIST Project is —Coral Houle,Mayor,Bloomington,MN and American Cancer Society a partnership volunteer. Press release January 5, 1998. between the Minnesota Department of "Each day, approximately 3,000 American adolescents become regular Health, smokers. Of these, about 30 will eventually die in traffic accidents, 20 will be the American murdered, and nearly 750 will be killed by tobacco. Who would tell a child Cancer Society, that he must decide whether or not to run in front of a car or pack a gun to Minnesota school? We certainly should not be telling children they must decide about Division, and the smoking." communities of —Joseph DiFranza,Tim McAfee, "The Tobacco Institute: Helping Youth Say Minnesota. 'Yes'to Tobacco,"Journal of Family Practice 1992; 34(6). "The new[state tobacco licensing and regulation] law brings a measure of responsibility to all involved parties where the potential for illegal tobacco sales to minors occurs." —An open letter to Minnesota local government officials from Ann H. Rest, State Representative; Ember Reichgott Junge, State Senator; Kevin Goodno, Minnesota State Representative; and Edward C. Oliver, State Senator. September 2, 1997. Department of Health 612-623-5000 TDD 612-623-5522 Inc Minnesota February 1998 Dlvlsbn. . 612-925-2772 1-800-582-5152 \—‘---.7Minnesota References on ASSIST 1P Com liance Checks/Enforcement omm ;r A«;o ,o,a roba«o F.ee E ,.omer Minnesota ASSIST Project The following references are a list of resources found in the literature supporting compliance checks and enforcement of tobacco age-of-sale laws. Minnesota Department of Health Division of Family Health 717 SE Delaware Street Abernathy TJ. (1994). Compliance for kids: a community-based tobacco prevention P.O.Box 9441 project. Can J Public Health; 85(2):82-4. Minneapolis,MN 55440-9441 Biglan A,Ary D, Koehn V,Levings D, Smith S,Wright Z,James L, &Henderson J. TEL: 612-623-5272 (1996). Mobilizing positive reinforcement in communities to reduce youth access to FAX: 612-623-5733 tobacco.American Journal of Community Psychology;24(5):625-638. Biglan A,Henderson J,Humphrey D,Yasui M,Whisman R,Black C,and James L. (1995). Mobilizing positive reinforcement to reduce youth access to tobacco. Tobacco Control; Spring;p.42. California Department of Health Services. (September 2, 1997). News Release:State Reports Significant Drop in Sales of Tobacco to Kids Third Year In a Row Centers for Disease Control,et al. (1994).Preventing Tobacco Use Among Young People. A Report of the Surgeon General. US Department of Health and Human Services. Centers for Disease Control,et al. (1996).Estimates of retailers willing to sell tobacco to The Minnesota minors California,August 1995 and June 1996.MMWR;45(50):1095-9. ASSIST Project is a partnership between the Cummings,et al. (1996).Evaluation of An Active Enforcement Program to Reduce Minnesota Tobacco Sales to Minors.In press. Department of Health, DiFran7a JR,Carlson RP, &Caisse RE Jr. (1992). Reducing youth access to tobacco. the American Tobacco Control; (1):58. Cancer Society, Minnesota DiFranza JR; Savageau JA;Aisquith BF. (1996).Youth access to tobacco:the effects of Division, and the age,gender,vending machine locks,and"It's the Law"programs.Am J Public Health communities of Feb; 86(2):221-4. Minnesota. Dovell RA,Mowat DL,Dorland J,&Lam M. (1996). Changes among retailers selling cigarettes to minors. Can J Public Health; 87(1):66-8. Elder JP,Edwards CC,Conway'IL,Anderson Johnson C, &Bennett ED. (1996). Independent evaluation of the California tobacco education program.Public Health . Reports; 11(1):353-58. Minnesota Department Erickson AD,Woodruff SI,Wildey MB, &Kenney E. (1993).A baseline assessment of of Health cigarette sales to minors in San Diego,California.J Community Health; 18(4):21324. 612-623-5000 TDD 612-623-5522 Feighery E,Altman DG, &Shaffer G. (1991).The effects of combining education and enforcement to reduce tobacco sales to minors.A study of four northern California communities.JAMA;266(22):3168-71. AMERICAN cl CANCER SOCIETY February 1998 —over— 612-925-2772 1-800-582-5152 Literature Review Page 2 February 1998 Forster,et al. (1996).The Effects of Community Policy to Reduce Youth Access to Tobacco. In press. Hamilton W&L Harrold. (1995). Independent Evaluation of the Massachusetts Tobacco Control Program. Second Ann Rep, 1-61,Massachusetts Department of Public Health. Health and Addictions Research,Inc. (1997).Adolescent Substance Use in Massachusetts:Trends Among Public School Students 1984-1996.Prepared for the Massachusetts Department of Public Health. Jacobson PD &J Wasserman.(1997).Tobacco Control Laws: Implementation and Enforcement. Rand Publishers: Santa Monica,CA. Jason LA,Ji PY,Anes MD, &Birkhead SH. (1991).Active enforcement of cigarette control laws in the prevention of cigarette sales to minors.JAMA;266(22):3159-61. Jason LA,Billows W,Schnopp-Wyatt D, &King C. (1996). Reducing the illegal sales of cigarettes to minors: analysis of alternative enforcement schedules.Journal of Applied Behavior Analysis; 29(3):333-344. Keay,et al. (1993).Effect of a retailer intervention on cigarette sales to minors in San Diego County,California. Tobacco Control; (2):145-151. Lewis RK,Paine-Andrews A,Fawcett SB,Francisco VT,&Richter KR (1996).Evaluating the effects of a community coalition's efforts to reduce illegal sales of alcohol and tobacco products to minors.J Comm Health; 21(6):429-36. Institute of Medicine. (1994). Growing Up Tobacco Free:Preventing Nicotine Addiction in Children and Youths, National Academy Press,Washington DC,pp. 220-222. Perla J, Hyland A,Cummings KM,&Saunders-Martin T.Effects of Increased Retailer Compliance Rates with Youth Access to Tobacco Law on Youth Smoking Behaviors.Abstract. Roswell Park Cancer Institute.Presented at 1997 12TH Annual Conference on Chronic Disease Prevention and Control. Rigotti,et al. (1996).Does Enforcing Laws Banning Tobacco Sales to Minors Reduce Adolescent Smoking?In press. Rigotti,et al. (1997).The effect of enforcing tobacco-sales laws on adolescents'access to tobacco and smoking behavior.New England Journal of Medicine; 337(15):1044-1051. Rooney BL&DM Murray. (1996).A meta-analysis of smoking prevention programs after adjustment for errors in the unit of analysis.Health Educ Quarterly; 23(1):48-64. Skretny,et al.(1990).An intervention to reduce the sale of cigarettes to minors.New York State Journal of Medicine;90:54-55. Wildey MB,Woodruff SI,Agro A, Keay KD,Kenney EM,&Conway TL. (1995). Sustained effects of educating retailers to reduce cigarette sales to minors.Public Health Rep; 110(5):625-9. \--I‘4-7Minnesota ASSIST `omm ;`Y a.oba«o"ee E ,o me County-Level D ata Resource s Minnesota ASSIST Project Minnesota Department of Health Division of Family Health 717 SE Delaware Street P.O.Box 9441 Minneapolis,MN 55440-9441 County-level tobacco use data is available from several sources. The 1996 County Health Profiles, put out by the Minnesota Department of TEL: 612-623-5272 Health has Chemical Health Indicators for each county, and compares FAX: 612-623-5733 the county to the state. The tobacco indicators include: Adult Use Indicators Source: Behavioral Risk Factor Surveillance System Data available: Adults at risk for smoking Youth Use and Other Youth Indicators Source: Minnesota Student Survey The Minnesota Data available: Daily or weekly tobacco use: smoking and/or chewing ASSIST Project is Age at first use of tobacco a partnership between the Reasons for not using alcohol or other drugs Minnesota Department of Cost Measures Health, Source: Minnesota Department of Health the American Data available: Cost of Smoking in Minnesota Cancer Society, Minnesota Division, and the communities of For more information about the county-level data contact Laura Hutton Minnesota. at the Minnesota Department of Health at 612-623-5325. Additional Resources For more information and other tools to use for chemical health assessment, see the Chemical Health Promotion section of the Minnesota Community Health Promotion Kit. Department of Health 612-623-5000 TDD 612-623-5522 sipAIVIERIC. SOCETr Minnesota February 1998 612-925-2772 1-800-582-5152 vt....71.Ainnesota Resources for ASS S F,S T Community A«;on,o,a,Tobacco-free Eny;,onment Preventing Youth Access to Tobacco Minnesota ASSIST Project • Minnesota Department of Health MINNESOTA ORGANIZATIONS Division of Family Health American Cancer Society(ACS),Minnesota Division 717 SE Delaware Street Contact: Darla Havlicek P.O.Box 9441 3316 West 66th Street Minneapolis,MN 55440-9441 Minneapolis,MN 55435 TEL: 612-623-5272 TEL: 612-925-6340 or 1-800-582-5152 FAX: 612-623-5733 E-MAIL: dhavlice@cancer.org Internet: www.mn.cancer.org Offers a variety of tobacco control resources/materials on tobacco use prevention, tobacco control policy,health effects of tobacco use,and smoking cessation.Also provides smoking cessation programs,offers youth tobacco prevention curriculum,and provides merchant education materials for preventing youth access to tobacco.-A partner with the Minnesota Department of Health in the Minnesota ASSIST Project. American Heart Association(AHA)Minnesota Affiliate 4701 West 77th Street Minneapolis,MN 55435 TEL: 612-835-3300 or 1-800-242-8721 Internet: www.amhrt.org The Minnesota Promotes smoking intervention programs at schools, work places,and health care sites. ASSIST Project is a partnership between the American Lung Association(ALA)of Minnesota Minnesota 490 Concordia Avenue Department of St.Paul,MN 55103 Health, TEL: 612-227-8014 or 1-800-586-4872 the American E-MAIL: alaofmn@aol.com Cancer Society, Conducts programs addressing smoking cessation,prevention,and the protection of Minnesota nonsmokers' health.Provides a variety of educational materials for the public and health Division, and the professionals. communities of Minnesota. Association of Minnesota Counties 125 Charles Avenue St.Paul,MN 55102-2108 TEL: 612-224-6540 General information and communication resource. Source of information to counties as they implement the new youth access law. M pa Department Association for Nonsmokers-Minnesota(ANSR) of Health Contact:Jeanne Weigum 612-623-5000 2395 University Avenue West,Suite 310 TDD 612-623-5522 St.Paul,MN 55114-1512 TEL: 612-646-3005 or 1-888-802-1507 E-MAIL: ansrmn@mtn.org ANSR has many years of experience in public policy related to tobacco. The ilipAMERICAN organization focuses on youth access,clean indoor air,tobacco advertising and promotion,and tobacco industry tactics.A resource center is available. Minnesota Division Inc February 1998 612-925-2772 1-800-582-5152 Resources Page 2 February 1998 KICK Burrs Program Contact: Carrie Olson 1619 Dayton Ave. St.Paul,MN 55104 TEL: 612-641-1223 E-MAIL: sfc-co@mtn.org KICK Burrs is a coalition of Minnesota teens united to work on tobacco issues that affect youth. Teens and leaders involved in the program attend training sessions,hold regular meetings to implement their local policy strategies, do media campaigns,and gather support to protect kids from tobacco. League of Minnesota Cities Contact: Kent Sulem 145 University Avenue West St.Paul,MN 55103 TEL: 612-281-1245 Provides information and assistance on issues related to the youth access law,FDA waiver process,and a model tobacco ordinance. Local Public Health Association Contact: Lee Helgen 125 Charles Avenue St.Paul,MN 55103 TEL: 612-224-6540 E-MAIL: lhelgen@mncounties.org Provides general information and referrals for local officials considering using local public health or environmental health staff for implementation of the new law. Minnesota ASSIST Project Minnesota Department of Health 717 SE Delaware Street P.O.Box 9441 Minneapolis,MN 55440-9441 TEL: 612-623-5272 E-MAIL: assist@kids.health.state.mn.us Minnesota ASSIST is a partnership between the Minnesota Department of Health and the American Cancer Society -Minnesota Division.It is a project with a community based approach to tobacco use reduction.It involves community members and organizations at the local and state level to change and strengthen tobacco policy around four strategies:reduce youth access to tobacco;eliminate secondhand smoke; reduce tobacco advertising and promotion;and create economic disincentives. Minnesota Association of Townships Contact: Troy Gilchrist 805 Central Avenue East PO Box 267 St.Michael,MN 55376 TEL: 612-497-2330 or 1-800-228-0296 R Resources Page 3 February 1998 Minnesota Smoke-Free Coalition Contact: Judy Knapp 1619 Dayton Ave.,Suite 204B• St.Paul,MN 55104 TEL: 612-641-1223 E-MAIL: sfc2000@mtn.org Provides leadership in developing tobacco control policies designed to promote the non-use of tobacco as a social norm.This involves protecting children from beginning a life-long addiction to tobacco products,reducing tobacco advertising and promotion,and eliminating environmental tobacco smoke. Minnesota Department of Health FDA Tobacco Compliance Project Contact: Sabina Cohen 717 SE Delaware Street P.O.Box 9441 Minneapolis,MN 55440-9441 TEL: 612-623-5238 E-MAIL: sabina.cohen@health.state.mn.us Coordinates the implementation of tobacco compliance checks,under contract with the Food and Drug Administration(FDA),to enforce the federal law prohibiting the sale of tobacco products to minors. Minnesota Department of Health Tobacco-Free Communities for Children Project Contact: Chris Hale or Cara Macken 717 SE Delaware Street P.O.Box 9441 Minneapolis,MN 55440-9441 TEL: 612-623-5371 or 612-623-5114 Provides funding to local community health services(CHS)agencies on a non-competitive basis. This funding is to be used on programs to reduce the number of Minnesota children who use tobacco. There are six components of the program: statewide leadership,community action,public information,activities involving students, evaluation,and technical assistance. Minnesota Department of Human Services PMQI Division 444 Lafayette Road St.Paul,MN 55155-3865 TEL: 612-296-4616 To implement the Synar Amendment in Minnesota by generating a credible,annual estimate of retailer compliance with the state law that prohibits the sale of tobacco to minors. Minnesota Hospital and Healthcare Partnership(MHHP) MHHP STAT! Project Contact: Gretchen Musicant 2550 University Avenue West Suite 350 South St.Paul,MN 55114-1900 TEL: 612-641-1121 or 1-800-462-5393 Has a statewide campaign called STAT! (Stop Teen Access to Tobacco) (not to be confused with STAT—a national organization listed in this resource document). This campaign works to pass local ordinances preventing youth access to tobacco. Resources Page 4 February 1998 Minnesota Institute of Public Health 2829 Verndale Avenue Anoka,MN 55303-1592 TEL: 612-427-5310 or 1-800-247-1303 Internet: www.miph.org/ A private nonprofit organization that provides public health related programs,campaigns, and services to the citizens of Minnesota. Minnesota Office of the Attorney General Contact: Heather Gould Suite 1400 NCL Tower 445 Minnesota Street St.Paul,MN 55101 TEL: 612-297-3309 Provides information and assistance on enforcement and implementation of the youth access to tobacco law and FDA regulations, further suggestions to reduce youth access to tobacco, as well as additional information on other tobacco control issues and policy. Minnesota Prevention Resource Center(MPRC) Contact: Jean Funk 2829 Verndale Avenue Anoka,MN 55303-1592 TEL: 612-427-5310 or 1-800-247-1303 Internet: www.miph.org/mprc A statewide clearinghouse of alcohol,tobacco,and other drug prevention information. Minnesota Sheriff's Association 1210 South Concord Street South St.Paul,MN 55075 TEL: 1-800-392-0333 Provides information and assistance on issues related to law enforcement and general implementation of the tobacco licensing law. Resources Page 5 February 1998 NATIONAL ORGANIZATIONS The Advocacy Institute 1707 L Street NW Suite 400 Washington,DC 20036-4505 TEL: 202-659-8475 Works on efforts to counter the influence of the tobacco industry and provides strategic consulting and advocacy support on policy issues related to tobacco control. Agency for Health Care Policy and Research(AHCPR) Publications Clearinghouse P.O.Box 8547 Silver Spring,MD 20907-8547 TEL: 1-800-358-9295 Internet: www.ahcpr.gov Provides materials on smoking cessation for health professionals and consumers. American Cancer Society(ACS) 1599 Clifton Road NE Atlanta,GA 30329-4251 Internet: www.cancer.org/ Dedicated to helping everyone who faces cancer through research,patient services,early detection,treatment, and education. Action on Smoking and Health(ASH) 2013 H Street NW Washington,DE 20006 TEL.: 202-659-4310 Internet: www.ash.org/ A national organization devoted to the problems of smoking and to protecting nonsmoker's rights.Produces materials on a variety of smoking and health topics with special emphasis on legal action to protect nonsmokers'health. The Advocacy Institute 1707 L Street NW, Suite 400 Washington, DC 20036-4505 TEL: 202-659-8475 Works on efforts to counter the influence of the tobacco industry and provides strategic consulting and advocacy support on policy issues related to tobacco control. Resources Page 6 February 1998 Centers for Disease Control and Prevention National Center for Chronic Disease Prevention and Health Promotion Office on Smoking and Health Mail Stop K-50 4770 Buford Highway NE Atlanta,GA 30341-3724 TEL: 770-488-5705 (general information and publication requests) 1-800-CDC-1311 (media campaign response line/recorded voice&fax service) Internet: www.cdc.gov/nccdphp/osh/tobacco.html Directs the US government's tobacco and health activities. Collects and distributes smoking and health information in a variety of forms, including pamphlets,posters, scientific research reports,national campaigns,and public service announcements. Food and Drug Administration(FDA) Office of Consumer Affairs 5600 Fishers Lane,HFE-50 Rockville,MD 20857 TEL: 301-443-3170 Internet: www.fda.gov/bbs/tobacinfo/juristoc.html Responds to consumer requests for information and publications. Has consumer hotline(1-888FDA-4KIDS) for community members to call if they witness the sale of tobacco products to minors. Join Together 441 Stuart Street,Sixth Floor Boston,MA 02116 TEL: 617-437-1500 E-MAIL: info@jointogether.org Internet: www.jointogether.org/ Join Together is a national resource center for communities working to reduce alcohol,tobacco,and other drug use and gun violence. National Cancer Institute(NCI) Office of Cancer Communications Building 31,Room 10A24 9000 Rockville Pike Bethesda,MD 20892 TEL: 1-800-4-CANCER Internet: www.nci.nih.gov/occdocs/occ.htm Develops and implements smoking intervention programs and produces publications on smoking. NCI also provides telephone counseling services for smoking cessation. Programs and materials are available to health professionals and the public. National Clearinghouse for Alcohol and Drug Information(NCADI) Center for Substance Abuse Prevention National Clearinghouse for Alcohol and Drug Information P.O.Box 2345 Rockville,MD 20847-2345 TEL: 301-468-2600 or 1-800-729-6686(1-800-Say-No-To) Internet: www.health.org Provides information about the health risks of using addictive drugs,including tobacco. Information is available in various forms,including videos,fact sheets,posters, and pamphlets. Resources • Page 7 February 1998 National Oral Health Information Clearinghouse(NOHIC) National Oral Health Information Clearinghouse ATTN: SH 1 NOHIC Way Bethesda,MD 20892-3500 TEL: 301-402-7364 E-MAIL: nidr@aerie.com Develops and distributes information and educational materials on special care topics including the oral health impact of tobacco use. SCAT(Student Coalition Against Tobacco) Contact:Matt Hardman,Executive Director P.O.Box 584 Parkersburg,WV 26102 TEL: 1-888-234-SCAT SCAT,through its youth membership,promotes tobacco-free generations and counteracts the immoral actions of the tobacco industry. Smokescreen Action Network Internet: www.smokescreen.org/ Tobacco issues are presented with daily news updates,access to online documents,discussion areas and the ability to personalize the information for your own needs. STAT(Stop Teenage Addiction to Tobacco) Contact: Judy Sopinski,Director 511 E.Columbus Ave. Springfield,MA 01105 TEL: 413-732-7828 Provides information and programs for health professionals and the public concerning tobacco use and the need to stop tobacco marketing to youth. Tobacco BBS Internet: www.tobacco.org/ Resource center focusing on tobacco and smoking issues. Tobacco Control Archives Internet: galen.library.ucsf.edu/tobacco/ A central,organized source of information relevant to tobacco control.It includes the Brown and Williamson collection. \—g"--7Minnesota Questions and Answers on ASSIST - omm ;y a roba«oF,ee E ;.o me Preventing Youth Access to Tobacco Minnesota ASSIST Project Minnesota Department of Health Division of Family Health 1.What role does reducing youth access to tobacco play in preventing 717 SE Delaware Street young people from using tobacco? P.O.Box 9441 We know there is no "magic bullet"but it is one of many necessary strategies. Minneapolis,MN 55440-9441 Other states, such as Massachusetts, have demonstrated that it takes multiple efforts including activities that are designed to reach smokers and potential TEL: 612-623-5272 smokers in schools, health care settings, and at worksites;mass media FAX: 612-623-5733 campaigns; direct program services (such as counseling smokers who want to quit); and policy initiatives. 2.What role do local community members play in keeping tobacco out of the hands of kids? There are many things we can and should do, but one major strategy is to prevent kids from being able to buy tobacco. Studies show that youth are often able to purchase tobacco for themselves.We all play a role in making sure this doesn't happen.As a beginning, we all need to educate ourselves on the new state law which is designed to make it harder for kids to buy. Then we need to support the law by making sure our communities are informed about the law The Minnesota and working to enforce the law.We can also serve as mentors and role models ASSIST Project is to youth by encouraging those who use tobacco to quit and providing a partnership messages about the dangers of starting tobacco to those who don't use. For between the Minnesota more information about the role of community members refer to the"Doing Department of Our Part So Kids Don't Start" tool kit available from the American Cancer Health, Society, Minnesota Division(call 612-925-6340 or 1-800-582-5152). the American Cancer Society, Minnesota 3.Don't kids get tobacco from places other than stores?What about Division, and the parents and friends who provide tobacco to kids? communities f Adolescents obtain tobacco from social as well as commercial sources. It is Minnesota. important to stop all sources of tobacco to kids.We already know from research that one common way kids obtain tobacco is to walk into a store and buy it for themselves.Teenagers who smoke report that commercial outlets are important sources of cigarettes. It is good public policy to block this • source of tobacco to many minors.The new state law on tobacco licensing and regulation will help communities address this issue by passing stricter local Mlicensing laws which have enforcement and penalty mechanisms. sota Depart Depaztment of Health It is also important to address"social availability,"that is, noncommercial 612-623-5000 sources of tobacco products.A Minnesota study concluded that more than TDD 612-623-5522 two-thirds of adolescent smokers (8th-10th graders) had provided tobacco to another adolescent in the previous 30 days. One Minnesota study suggests that as children grow older they rely less on social sources (family and friends) IrANIERICAN and more on commercial sources.While more research needs to be done in this area,interventions could include school-based programs with messages SOCIETY MI„ February 1998 —over— 612-925-2772 1-800-582-5152 Q&A on Preventing Youth Access Page 2 February 1998 encouraging youth smokers to not provide tobacco to friends and public education campaigns with messages emphasizing that it is illegal and unethical to provide tobacco to youth. Reducing commercial youth access to tobacco remains an important focus for all of us. (Forster et al,American Journal of Public Health,April 1997,Vol. 87,No. 4, pp 649-651.) 4. Teens always engage in risky behavior. Can we really expect to reduce the underage smoking problem? We can and we must. Other states have successfully reduced their underage smoking rates,but it requires a concerted effort by the entire community.We all must do our part so kids don't start. The alternative is to let teens smoke and create an ever-increasing population of adult smokers. More adult smokers means more illness, more premature death, more heartache, and more community dollars. 5.Is youth access to tobacco decreasing in Minnesota? The public health objective for Minnesota is 95 percent compliance with the state law that restricts the sale of tobacco products to children under 18 years of age.We haven't achieved this goal. In 1997, the Minnesota Department of Human Services conducted the first scientific statewide survey which demonstrated a 72 percent rate of compliance; or in other words, 28 percent of retail tobacco outlets are not complying with the state laws.These results cause concern that many youth still have access to tobacco products. In the communities that have passed strong ordinances and where the ordinances are enforced with regular compliance checks and penalties there has been substantial improvement.A 1996 compliance check campaign,conducted by the Minnesota ASSIST Project, found that Minnesota communities with no youth access ordinance were more than twice as likely to sell tobacco to minors than communities with youth access ordinances in place (49 percent vs. 21 percent). 6.Has the new state youth access law that went into effect on August 1, 1997 decreased youth access to tobacco in Minnesota? It is too soon to tell. It takes time to implement and enforce any new law. Local communities need to adopt ordinances to come into compliance with the state law.As demonstrated in other states, it will take time for this law to have a statewide effect and will need the support of communities and individuals throughout Minnesota. 7. Isn't it already illegal for minors to purchase tobacco?What's different about this new state law? It is already illegal to sell tobacco to minors,but minors are still often able to buy tobacco. The new law adds provisions to make it more difficult for minors to buy. For example, self-service displays are an easy way for minors to purchase tobacco without having to interact with a clerk.They're also an easy source for shoplifting. The new law bans self-service of single packs in areas where minors are admitted. Vending machines are another easy source of tobacco for minors.The new law also bans vending machines from areas where minors are admitted. /1( • Q&A on Preventing Youth Access Page 3 February 1998 8.Who is responsible for implementing and enforcing the youth access to tobacco law? Cities and townships have the authority to enact a tobacco ordinance, but when they fail to do so, counties must enact the ordinance. Ultimately, city council members, town board members, and/or county commissioners in conjunction with law enforcement officials and the licensing authority will be responsible for enforcement of the state law. For more information about the new law request a copy of "Reducing Youth Access to Tobacco: Implementing and Enforcing the New State Law in Your Community" from the Minnesota Department of Health(612-623-5272). 9.What is an unannounced compliance check? In the past, some communities have issued an announcement("warning") to tobacco outlets that checks will be performed within a certain time period.However,the new state law specifically states that compliance checks are to be"unannounced."This means that no prior notice shall be given to retailers about upcoming compliance checks. Prior notice can jeopardize the results of the compliance checks and seriously compromise their usefulness as a monitoring and enforcement tool. Simply because the new state law requires it, tobacco retail outlets already know that at least one compliance check will be performed in their stores annually. Conducting unannounced compliance checks serves to protect the validity of the checks and ensures that the check accurately represents the frequency of tobacco sales to minors. 10.Wouldn't an unannounced compliance check be considered entrapment if the clerk does sell tobacco to a minor? Store personnel who sell tobacco to children during a compliance check might claim entrapment as a defense. During a compliance check, however,clerks are not forced to make an illegal sale and, therefore, entrapment is not a valid defense. Speedway l/ -_ SUPERAMERICA. May 27, 1998 Mayor Jon Brekke City of Shakopee 129 S Holmes Shakopee, MN 55379 Dear Mayor Brekke: SuperAmerica currently operates two units in Shakopee and has city approval for our third unit which will be located on Marschall Avenue near the new 169 bypass. Our investment in this new unit will be close to 2.0 million dollars. Along with gasoline and convenience store items, we also offer tobacco products for sale. We are totally committed to preventing the sale of tobacco products to minors. SuperAmerica has been successful in prohibiting the sale of these products in the past and we intend to continue to do so in the future. This success comes through properly training our employees and following through with compliance checks and harsh penalties for non compliance. Putting more restrictions on current retailers and not including "smoke shops" is not the solution to underage tobacco usage. All tobacco retailers should be treated equally. When someone under 18 tries to purchase cigarettes it could be anywhere. We need to employ workers under the age of 18. As well, they need the jobs and benefits we offer, including our college tuition program. By restricting employees under the age of 18 from selling tobacco products, the city of Shakopee will be eliminating our ability to hire employees under that age. People who sell cigarettes to minors come in all age brackets. The determining factor is how well they are trained and followed up on...not their age. We would appreciate the opportunity to speak regarding these issues at the June 2 city council meeting. Please feel free to contact me at (612) 887-6163. Si /" Y, orkl, Robert C. Hardman Regional Vice President GLENN P. BRUDER, P.A. ATTORNEY AT LAW 4005 WEST 65TH STREET SUITE 200 EDINA, MINNESOTA 55435 TELEPHONE(612) 925-3001 FACSIMILE (612) 925-4203 May 14, 1998 Jon Brekke Robert Sweeney Deb Amundson Clete Link Jane Dubois 129 Holmes Street South Shakopee, MN 55379 Re: Shakopee Tobacco Ordinance Dear Mayor and Council Members: I am writing on behalf of the Minnesota Coalition of Responsible Retailers. This is a statewide group consisting of four Minnesota retail trade associations. I understand that Shakopee is considering amending its existing tobacco ordinance and will solicit public comments concerning proposed ordinance revisions at a hearing on June 2, 1998. Obviously, local retailers, who are represented by the Minnesota Coalition of Responsible Retailers, have a significant interest in the outcome of that meeting. For that reason, there are a number of issues concerning youth tobacco ordinances which should be brought to your attention before Shakopee considers amending its existing ordinance. Currently, Shakopee has a relatively strong tobacco ordinance in place. In some instances, the existing Shakopee ordinance is more restrictive than required by state law. To fully comply with Minnesota law only two changes need to be made in the Shakopee ordinance. First, Minn. Stat. § 461.12(3)requires an administrative penalty of$50.00 for a person who sells tobacco products to an underage individual. Second, Minn. Stat. § 461.12(5) requires that each licensing authority, including Shakopee, adopt a provision for annual compliance checks. Mayor and City Council Members May 14, 1998 Page Two I anticipate you will face an orchestrated effort to make far more significant changes to the existing ordinance under the guise of protecting youth from using tobacco. In evaluating the merit of this campaign you should be aware that recent studies reveal that local tobacco legislation has little, if any, utility in combating underage smoking. I have enclosed a study performed by Dr. Jean Forster of the University of Minnesota. Dr. Forster surveyed 6,000 teenagers in 14 Minnesota cities. The results of this study are interesting because Dr. Forster was, herself, an early advocate of local youth tobacco legislation. Unfortunately, the information derived from the enclosed study demonstrates that this type of local legislation is ineffectual. This is because the overwhelming majority of underage smokers obtain their cigarettes from friends, family, and other "social sources" and 1141 from local retailers. Dr. Forster's study found that 73.7 percent of young smokers obtain their most recent cigarette from family or friends. More than two-thirds of youthful smokers will give or sell cigarettes to their younger friends or siblings. Interestingly, among underage smokers three-quarters (73.1%) do not even attempt to purchase cigarettes from retail outlets. More than one-half have never even attempted to purchase tobacco from a retailer. When surveyed, young smokers identified retail establishments as the most difficult source of tobacco but family and friends as the easiest avenue for tobacco access. Recently, the Minnesota Attorney General's Office, together with Blue Cross and Blue Shield settled their litigation with several tobacco companies. In that law suit, the attorney general painted tobacco companies as predators focusing on young persons. That accusation certainly does not fit local retailers who are members of the Minnesota Coalition of Responsible Retailers. Dr. Forster's study discovered that more than nine out of ten (91.3%) of teenage smokers obtained their first cigarette from friends and family. Only 2.6 percent of teenage smokers were able to obtain their first cigarette from a retailer. Some persons have suggested that local tobacco ordinances are useful in preventing shoplifting of tobacco products by youth. Dr. Forster's study largely rebuts this suggestion by noting that only 2.3 percent of young persons obtain their cigarettes through shoplifting. This argument is particularly inappropriate in Shakopee since you have already adopted a strict tobacco ordinance prohibiting open displays of cigarettes and related tobacco merchandise. Members of the Minnesota Coalition of Responsible Retailers are particularly concerned that efforts to "strengthen" Shakopee's tobacco ordinance will have no effect on youth smoking but that draconian sanctions will harshly penalize local retailers. For example, many retailers simply cannot operate their business without hiring 16 and 17 year old store clerks. If Shakopee's ordinance is amended to include a prohibition on tobacco sales by persons under 18 retailers will face the prospect of firing these clerks. Moreover, without tobacco revenue many retailers will be driven out of business. Accordingly, in light of the information provided by Dr. Forster's study, a stringent ordinance will do little to affect youth smoking but will have a substantial punitive impact upon local retailers and their employees. GLENN P. BRUDER, P.A. Mayor and City Council Members May 14, 1998 Page Three You may be pressured by others to adopt tobacco sale restrictions not required by state law. This will not be a "grassroots movement" but a choreographed effort by professional advocates. I am aware of one Shakopee resident who has been paid approximately $80,000 during the past four years specifically to lobby for local tobacco legislation in Scott County. Certainly, there is nothing improper with this type of lobbying. After all, I am paid by the Minnesota Coalition of Responsible Retailers to represent interests of local businesses. However, paid advocates of tobacco restrictions often fail to mention they are paid quite handsomely for their efforts and, instead, imply they are solely motivated by public health concerns. The only legitimate issues facing the Shakopee city council as it ponders amending its current tobacco ordinance are: (1) will a more restrictive ordinance significantly reduce youth smoking rates and (2)will an unduly restrictive ordinance unfairly punish local retailers? Hopefully, the June 2 hearing will focus on these issues. Very ,ours, /mss/ Glenn P. Bruder GPB:mbh GLENN P. BRUDER, P.A. • Perceived and Measured • • Availability of Tobacco to Youths • in 14 Minnesota Communities: The TPOP Study Jean L.Forster,PhD Alexander C.Wagenaar,PhD Mark Wolfson,PhD Ami j.Claxton,MS David M.Murray,PhD Introduction:Availability of tobacco to young people is believed an overall success rate of 40.8%,lower than previously reported to be an important factor in the onset of tobacco use.We still for urban communities.Fifty-five percent of the over-the-counter do not have a complete picture of how tobacco is obtained by outlets had no self-service displays of tobacco at baseline.Store youths or how access can be curtailed. factors that predicted purchase success include tobacco location; Design:This article describes tobacco availability to youths in purchase success was lower when all tobacco was locked or 14 communities that are part of a randomized trial,known as behind a service counter.The percentage of smokers who TPOP(Tobacco Policy Options for Prevention).The data reported purchasing their own tobacco soon after starting to reported here were obtained from student surveys and tobacco- smoke was highest in towns where purchase success by teenage purchase attempts by underage confederates. study confederates was highest. Results:Students who have smoked at least once were likely to Condusions:These results suggest that sources of cigarettes shift cite social sources for cigarettes.However,more than half of from social to commercial with age and that sources of alga- weekly smokers and almost one third of tenth-grade ever smok- rates for rural youths may be different than for urban youths. en reported purchasing cigarettes in the last 30 days.Tobacco- Medical Subject Headings(MeSH):tobacco,adolescent behav- purchase attempts by confederate buyers at all outlets resulted in ior,sales.[Am J Prey Med 1997;13:167-741 Availability of tobacco to young people is believed to be an tion,many studies have demonstrated that tobacco can be pur- important factor in the onset of tobacco use and has stimulated chased by adolescents from a variety of retail outlets,with much attention in recent years.Evidence has accumulated sug- success rates averaging about 67%.'° gesting that tobacco products are widely available to adolescents Previous studies have identified factors associated with the abil- despite their illegal status for those under age 18 in every state.' ity of youths to purchase tobacco.Purchase success has been Surveys uniformly find that teenagers report that they can obtain shown to vary by characteristics of the buyer(gender,age,and cigarettes easily.1 perceived age),characteristics of the seller(gender and age),type Research concerning tobacco availability has focused on corn- of business(grocery store,pharmacy,convenience store,etc.), mercial sources of tobacco to youths.An estimated 255 million type of sale(over-the-counter,vending machine),characteristics packs of cigarettes were sold to minors in 1991.'Between 20% of the interaction(whether or not age identification was and 70%of teenagers who smoke report purchasing their own requested),and presence of signs regarding tobacco sales to tobacco,although the percentage varies by age,social class, minors."-'s amount smoked,and factors related to availability.r-43-'In addi- Despite all that has been learned in nearly a decade since atten- tion first focused on this problem,we still do not have a com- From the Division of Epidemiology,School of Public Health,University Ply picture of how tobacco is obtained by youths and how of Minnesota,Minneapolis,Minnesota. access can be curtailed.For example,the importance of shoplift- ing as a source of cigarettes to minors is largely unstudied,but Address reprint requests to Dr.Forster;University of Minnesota, the two published reports indicate that a significant proportion Division of Epidemiology,1300 South Second Stmt,Suite 300, of tobacco users steal tobacco from businesses.About 5%of Minneapolis,MN 55454-1015(e-mail:Forstereepivax.epi.umn.edu). 1,700 Georgia adolescents surveyed about shoplifting in general 01997 American Journal of Preventive Medicine.0749-3797/97. reported stealing tobacco in the previous year,"and 20%to Ars J Prev Med 1997;13(3) 167 i 47%(depending on city and age)of current adolescent tobacco years,and all school districts within the cities had adopted ' users in two Wisconsin communities admitted shoplifting tobacco-free policies for students,staff,and visitors before the tobacco at least once in the past year."These results suggest that study began.Cities were stratified prior to randomization by shoplifting as a source of tobacco for adolescents should be stud- baseline student smoking rate and by population. ied more systematically.We also know very little about the natu- Student survey.The student survey was administered in spring ral history of access to tobacco,and about how sources change 1993 to all students in grades 8 through 10 by University staff in as adolescents get older.For example,we might expect that the classroom.Students and parents were given the opportunity social sources are especially important at younger ages,with to choose not to participate;the response rate was 91.2%.The commercial sources becoming more important among older ado- survey included questions about demographics,tobacco use kscents.Finally,although policies such as those that prohibit among friends and family,student's tobacco use,perceptions of self-service sales of tobacco or require locking devices on vend- availability,sources of tobacco,and perceived consequences of ing machines are becoming more popular,especially at the local tobacco use.Expired air carbon monoxide was also measured to level,few data are available concerning the effectiveness of these biochemically validate smoking status.' policies in restricting minors'access to tobacco." All student respondents were categorized by smoking status This article describes tobacco availability to youths at baseline from their answers on the student survey via the construction of in a 14-community randomized trial,known as TPOP(Tobacco a smoking index."This smoking index was based on their Policy Options for Prevention),currently underway in Minne- answers to three separate questions on the student survey about rota.These data,based on a school-based survey of youths and personal smoking behavior asking about lifetime smoking,smok- tobacco-purchase attempts in the same communities,provide ing in the past seven days,and smoking in the past 24 hours. detailed information about sources of tobacco to youths,adoles- The student's answers to these three questions were combined cents'perceptions of tobacco availability,and their experiences and averaged to give a single number that indicated how many in trying to obtain tobacco.We also examine the relationship times a week the student smoked.Using this smoking index between these variables,aggregated to the community level,and value,we classified students uniquely as never smokers,ever tobacco-purchase success in those communities. smokers,weekly,or daily smokers.Similarly,students were classi- fed by their smokeless tobacco use as never,ever,weekly,or daily users of smokeless tobacco. METHODS Students were also asked several questions related to perceived availability of tobacco products.Students were asked about the Design.TPOP is a randomized community trial funded by the source of their most recent cigarette and ever sources of ciga- National Cancer Institute(NCI)from 1992 to 1997.The goal of renes(family/friends,vending machine,over-the-counter pur- the trial is to assess the effects of an intervention designed to chase,stolen from business),and their perceived difficulty of change local policies and practices related to youths'access to obtaining tobacco products from a salesperson/vending machine tobacco.Outcomes of interest are perceived availability of (1 to 7 scale where 1 =not at all difficult,7=very difficult). tobacco by youths,ability of underage youths to purchase They were also asked about their tobacco purchasing behavior: tobacco by direct test,and prevalence of tobacco use among the number of tobacco buy attempts and purchase refusals in the youths.The research design for the study includes random assign- past 30 days,personal purchase of tobacco within a month of ment of 14 communities in Minnesota to experimental and con- first using tobacco(yes/no),and whether they had ever been trol conditions.Communities in the experimental condition refused when trying to purchase tobacco(yes/no). receive 32 months of intervention 20 Baseline data,which provide The final sample for the student survey consisted of 6,014 stu- the basis for this report,are collected via surveys of all students dents nested in 14 school districts(cities).The average number in eighth,ninth,and tenth grades in the school district in each of students per district is 150 in grade 8,143 in grade 9,and community,and direct tobacco-purchase attempts at all outlets 133 in grade 10,providing a sample more than adequate for in each of the 14 cities.After the intervention,students in the meeting the design e obtained a list of all commer- same grades will be surveyed again and tobacco-purchase Tobacco-purchaseattempts. attempts again carried out at all outlets. cial tobacco outlets(vending machine and over-the-counter) Communities.Criteria for inclusion of cities in the study from the city clerk in each city.Two tobacco-purchase attempts included Z90 students enrolled in eighth,ninth,and tenth were carried out on two successive days at each outlet by two dif- grades each to meet statistical power requirements;no participa- ferent 15-year-old girls from out of town inJune 1993.Because non of the school or city in other university studies;and location buyer effect is of concern in studies of this urefforts were outside the primary Minnesota ASSIST(American Stop Smoking made to standardize data collection and to minimize bias.The Intervention Study)='geographic targets.Eligible cities were study employed only 15-year-old girls,and the girls,along with listed in order of decreasing proportion of students who lived a parent or guardian,attended an extensive training session.All within the city boundaries.Starting at the top of the list,permis- purchasers performed several practice purchase attempts before sion was requested from the school districts to survey students. data collection began.Finally,the 15 purchasers employed in the t, Twenty-two school districts were contacted in order to obtain study were randomly assigned to cities.All purchasers were non- permission from the 14 necessary for the study,for a participa- smokers at the time of the study,and all were from the Minneap- tion rate of 64%.The 14 communities range in size from 3,200 olis-St.Paul metropolitan area. to 13,100 population,all are at least 90 miles from the Twin Purchasers were instructed in a standard protocol for the Cities metropolitan area,and they have between 11 and 36 attempts.They were to enter the store alone without a purse or tobacco outlets.None of the cities had considered any local poli- billfold,request or select from self-service displays a standard cies regarding youths'access to tobacco in the previous five brand of cigarettes,purchase a snack at the same time if appro- . 168 American Journal of Preventive Medicine,volume 13,number 3 c 1 0 • 1 _ priate,and answer truthfully if asked their age.If asked for age salesperson/vending machine(on a 7-point scale where 1 = not identification,they were to say that they didn't have it with them. at all difficult,7 = very difficult);personal purchase of tobacco If permitted,the tobacco purchase was completed. within a month of first using tobacco(yes/no);and ever being The purchasers were accompanied to the cities by an adult refused when trying to purchase tobacco(yes/no).For example, driver who was a study employee.The two attempts at each out- if 45%of weekly smokers within a given community answered let were carried out on successive days. After each attempt the that they obtained their first cigarette from a commercial source, purchaser recorded details of the attempt,including outcome, all purchase attempts made within that community were age and gender of clerk,and number of customers in line behind assigned a value of 45% for this particular variable. the purchaser. Immediately following the second attempt,the We then examined the relationship between these characteris- adult driver entered the store and recorded information about tics and purchase success(yes/no)using mixed-model regression signs,placement of tobacco,and other in-store characteristics.In techniques to account accurately for the three sources of random all,585 purchases were attempted at 48 vending machines and variation in the data:the communities,the buyers,and residual 259 over-the-counter locations.In 22 locations the second pur- error.All other covariates were treated as fixed effects.Covari- chase attempt could not be completed because the business was ates included in the mixed-model regression were grouped into not open when the attempt was made. three sets:outlet-level variables,community variables,and stu- Analysis.Descriptive statistics were used to characterize both dent data on perceived availability(as described above).Starting the student populations and the tobacco outlets in the towns. with a base model of purchase success predicted by the outlet- We present student descriptions by grade and/or smoking status level variables,we used backwards stepwise regression(singly and outlet descriptions by type of outlet(over-the-counter or removing terms based on the magnitude and significance of the vending machine). term)to find a parsimonious model.To this model,the commu- • We then examined the relationship between tobacco-purchase nity variables of population and number of outlets in a commu- success and outlet variables,student reports of tobacco availabil- nity were added.Similarly,these terms were singly removed until icy,and community characteristics. a parsimonious model resulted.Last,terms from the community Each purchase attempt was characterized first by details of the data from students on perceived availability were simultaneously outlet and the purchase interaction as recorded by the buyer and added to the model and were also singly removed.The results of driver.These variables included age(younger than 21,21-30,31 this three-step process gave rise to the final model. and older)and gender of clerk;number of customers in line Because the surveyed tobacco outlets included both vending behind the purchaser(none, 1 or more);whether the seller was machines and over-the-counter sales,we ran parallel analyses for in view of another employee at the time the attempt was made these two types of purchase attempts using variables specific to (yes/no);location of tobacco(all locked/behind the counter,or the type of outlet.Operational locking devices were found at some available for self-service);type of business(gas station or only nine vending machine purchase attempts.Therefore,pres- convenience store,bar,restaurant or private club,grocery,drug ence of a locking device was not included in the modeling proce- or discount store,hotel or motel,other);presence of tobacco dure for vending machines. industry—sponsored youth tobacco access signs(yes/no);and presence of other nonindustry—sponsored youth tobacco access RESULTSsigns(yes/no). Each purchase attempt was also further characterized by sev- eral community-level variables.Each purchase attempt was Student sample characteristics.The final student sample of assigned a value for these variables based on the community in 6,014 for the student survey was almost evenly split between which the purchase attempt was made.These variables included boys and girls,among grades 8,9,and 10,and almost entirely community population and number of retail tobacco outlets in Caucasian,as shown in Table 1.About 70%of the students the community.For example,all purchase attempts made in a lived in the town where the school is located,with the remaining community of population size 3,235 were assigned a population students residing in the surrounding rural area or in a nearby value of 3,235. town.Just over 50%of the students report ever smoking a ciga- Student variables on perceived availability of tobacco to Tette,with 20%indicating smoking in the past 30 days,almost minors in their community were summarized and assigned to 17%reporting weekly smoking,and 11%reporting daily smok- each purchase attempt.These variables were constructed by aver- ing.Smoking prevalence increased from grades 8 to 10,with the aging the study survey responses of weekly(or more)smokers biggest jump between grades 8 and 9(Table 1).Almost 28%of within each community,then assigning that community average students said that they had tried smokeless tobacco at least once, to purchase attempts made in that community.Only responses representing over 50%of the boys in this sample.The combined from weekly smokers were used to quantify more accurately per- prevalence of any use of tobacco was 55%,indicating consider- ' ceived availability of tobacco by minors.Nonsmokers and those able overlap in cigarette and all smokelessstutobacco ts who reportedamong stook. boys. who smoked less often than weekly would be less likely to have Sources of ci8 arettes.Almost tried to purchase tobacco and therefore would be less likely to be ing at least once indicated that they had obtained their first ciga- able to quantify the extent of tobacco availability in their corn- Tette from family members or friends(Table 2).However, munity.The perceived availability variables used to characterize smokers were likely to buy cigarettes very soon after starting. the purchase attempt included source of most recent cigarette Over 28%of all smokers,including 43%of weekly smokers, and ever source of cigarettes(commercial:bought or stolen from said they bought cigarettes within a month of starting to use a business or vending machine;noncommercial:family/friends); tobacco.All smokers,especially younger smokers,were very number of buy attempts and purchase refusals in the past 30 likely to say that even their most recent cigarette came from days;perceived difficulty of obtaining tobacco products from a social sources.Still,over 30%of all tenth graders who smoke Am J Prey Med 1997;13(3) 169 Table 1. Characteristics of respondents to the TPOP school survey,in percentages - Grade 8 9 10 Total (n- 2,108) (n ., 2,014) (n vi 1,892) (n IC 6,014) Demographics Female respondents 502 48.5 49.0 49.3 Racial/ethnic minority 5.1 4.9 5.3 5.1 Reside in town where school is located 71.6 69.1 70.7 70.4 Tobacco use Cigarettes-ever 42.5 52.6 57.6 50.6 Cigarettes-past 30 days 13.2 21.1 27.6 20.4 • Cigarettes-weekly 10.5 17.6 22.9 16.8 Cigarettes-daily 6.3 11.4 16.1 11.1 • Smokeless tobacco-ever 20.8 29.6 34.1 27.9 Smokeless tobacco-weekly 3.5 6.1 7.4 5.6 • Smokeless tobacco-daily 1.7 3.2 4.7 3.2 and almost 40%of the weekly smokers of all ages reported hav- encountered by the teenage buyers were predominantly women ing obtained their last cigarette from a commercial source(Table (67%),and ore than half were judgchase d to be morts(feothan 30 we 2).More than half of weekly smokers and almost one third of yearsage. B P tenth-grade ever smokers said they had purchased cigarettes in have complete data)were carried out at 307 outlets in the 14 the last 30 days,with a modal frequency of 1-5 times.Over communities in this study.Forty-eight outlets(96 purchase 26%of all weekly smokers reported having stolen cigarettes attempts)were vending machines and 259 outlets(489 purchase from a business at least once.Eighth-grade smokers were almost attempts)were over-the-counter businesses.Two communities as likely as tenth-grade smokers to report stealing cigarettes had no vending machines. (15%versus 18%)(Table 2),but the percentage of smokers who The .8%purchase success,sudjusted for ss 38 8%buyer and commu- reported ever purchasing cigarettes over the counter increased airy, ,purchase dramatically from eighth grade to tenth grade(17%versus counter businesses,and 54.3%at vending machines.Of the 283 49%).Over 58%of the weekly smokers of all three grades had outlets visited twice,56.5%sold tobacco at least once to the purchased cigarettes over the counter at least once.Vending minors in this study.Purchase success varied from 12%to 74% machines as a source of cigarettes increased with grade,espe- among the 14 cities,and from 8%to 82%among the 15-year- cially from grades 8 to 9,and were a more likely source for old buyers. weekly smokers compared to all smokers in these grades.Gas sta- Tables 4 and 5 show the results of the mixed-model regression tions and convenience stores were the businesses of choice for assessing the relationship between purchase success and various obtaining cigarettes,followed by grocery stores and restaurants. characteristics of the purchase attempt for both over-the-counter A significant percentage of respondents reported bars and liquor and vendingmachine icha h ne e purchase for attempts.Least square means the observed levels of the other stores to be a source of cigarettes(over 9%of all smokers and means), were computed used and presented for all categorical 16.5%of weekly smokers),despite the fact that they have been emanates, P terms.For all terms,we also present the regression coefficients labeled"adult locations"by the tobacco industry. significance levels. Since 1989,Minnesota state law has required that all vending and:i gu machines be fitted with locking devices,except those located in Several outlet level variables were associated with purchase suc- businesses licensed to sell akohoL"Students were asked to cess in over-the-counter businesses.Businesses with no self- report the outcome of their last attempt to purchase tobacco service of tobacco(i.e.,all tobacco stored in locked cabinets or from a locked vending machine.Among all 1,927 students who behind a service counter)were less likely to sell tobacco to our have ever smoked in this sample,327(17%)had obtained ciga- buyers.Younger clerks were more likely to sell to the 15-year-old rates from a vending machine at least once.However,only 129 girls in this study,as were male clerks.One or more customers in reported encountering a vending machine that was locked,and line behind the buyer positively predicted purchase success also. in 85%of those cases the employee unlocked the machine for However,presence of tobacco-industry or other signs regarding them(Table 2). tobacco sales to minors and whether the clerk was in view of Tobacco-purchase attempts.'The characteristics of the outlets another employee were not associated with purchase success. particular interest was the relationship between availability where tobacco purchase was attempted by study confederates Of the students and availability directly measured by . are described in Table 3.Over-the-counter outlets were predomi- as perceived success. ean purchase attempts in the past 30 days namely either gas stations/convenience stores or grocery/phar- purchase byweekly smokers was negatively associated with macy/discount stores.Only a small fraction of these outlets reportedtheir own pur- displayed either tobacco industry signs or other signs concerning chase success,and percentage of tobacco users buying tobacco sales to minors(12%and 15%,respectively).A large tobacco within a month of starting to use was positively associ- percentage(55%)of the outlets displayed tobacco products only ated with purchase success.That is,higher purchase success in in locked cabinets or behind the sales counter.The sales staff communities was associated with a lower mean number of pur- 170 American Journal of Preventive Medicine,iiol me 13,number 3 ! Table 2. Sources of cigarettes among ever smokers by grade,and weekly smokers . Ever smokers(%) Grade 8 Grade 9 Grade 10 Total Weekly Smokers(%) (,r= 525) (n= 662) (n= 740) (n= 1,927) (n= 854) Source of first cigarette Family/friends 92.4 91.6 90.4 91.3 90.1 Vending machine 1.2 1.2 1.8 1.4 1.9 Over-the-counter purchase 1.9 2.7 3.0 2.6 2.7 Stolen from business 2.9 3.7 3.4 3.4 4.3 • Other 1.6 0.8 1.5 1.3 1.0 How long after starting to use tobacco, purchased own Never bought 70.0 52.7 43.3 53.7 28.0 Within month 17.7 29.4 35.3 28.5 43.0 Within year 9.3 11.6 15.0 12.3 19.9 >Year 3.0 6.4 6.5 5.5 9.0 Source of most recent cigarette Family/friend 79.3 77.3 66.6 73.7 60.0 Vending machine 4.3 1.1 1.0 1.9 3.0 Over-the-counter purchase 6.3 16.9 28.2 18.4 33.6 Stolen from business 3.5 2.6 1.2 2.3 2.5 Other 6.6 2.1 3.0 3.7 1.0 Attempts to purchase,last 30 days None 89.3 78.3 68.0 73.1 49.1 1-5 times 7.3 14.7 17.3 13.3 24.9 6-10 times 2.6 4.1 6.9 4.7 9.4 >10 times 0.8 2.9 7.8 8.9 16.6 Ever obtained cigarettes from Family/friends 85.9 85.8 83.5 85.0 80.1 Vending machine 11.4 18.0 20.0 17.0 28.5 Over-the-counter purchase 17.0 33.8 49.3 35.2 58.4 Stolen from business 14.7 17.8 18.2 17.1 26.2 Type of business ever a source Restaurant 6.7 12.1 13.0 10.9 18.5 Gas station/convenience store 17.3 35.5 42.7 32.6 52.7 Grocery store 9.1 13.1 21.5 15.3 27.3 Pharmacy 1.5 2.1 3.2 2.4 4.1 Bar or liquor store 5.7 10.0 10.7 9.1 16.5 Hotel/motel 5.3 6.3 8.6 7.0 12.8 Discount store 2.5 S.1 6.S 4.9 9.3 Recreational center S.7 9.1 13.0 9.7 17.6 Other 8.6 7.3 9.3 8.4 13.3 Result of last purchase attempt from locked vending machine Never tried from locked machine 93.4 93.2 92.9 93.3 88.9 Employee permitted purchase S2 6.1 5.9 5.7 9.6 Employee wouldn't unlock 1.4 0.8 1.1 1.0 1.5' How hard or easy is it to get tobacco from' Friend/family 1.8 1.5 1.6 1.7 1.6 Vending machine 32 3.1 2.9 3.0 3.0 Over-the-counter 4.7 3.9 3.4 3.9 3.7 Steal from business 3.8 3.6 3.8 3.7 3.8 •Responses are on 1-7 scale,where 1 -not at all difficult and 7 w very difficult. Ant J Prey Med 1997;13(3) 171 - chase attempts in the last 30 days by students in those communi- Tablettem usmokers self-reporting purchasing their a adolescent P with 3. Characteristics of tobacco-purchasenes,and in P nages own tobacco soon after first starting to smoke.The ocher community-level variables(population,number or outlets)were Over-the- Vending not associated with purchase success. • counter machineFor vending machine purchase attempts,type of business (n =489) (n= 96) where the machine was located and percentage of tobacco users Type of business buying their own tobacco within a month of starting to use were Gas stationkonvenience store 34.6 4.2 associated with purchase success.As Table 4 illustrates,purchase Bar,restaurant,private club 18.4 62.5 attempts at vending machines located in gas stations or conve- Grocery,pharmacy,discount 30.0 - nience stores were always successful,though only four purchase Hotel,motel,other 17.4 33.3 attempts fell into that category.Tobacco was less available in Presence of signs concerning sales machines located in hotels,motels,and other locations,as com- pared to bars,restaurants,or private clubs. to minors 2.0 Tobacco industry signs 13.5 Other signs 15.3 37.5 DISCUSSION of tobacco All locked or behind counter 55.0 Thesemolts indicate that commercial sources may not be as Female Cl k eder 67.1 important for young adolescents in small towns as they are for the olescent population as a whole.Just over 39%of these Estimated clerk age(years) 14.9 eighth,ninth,and tenth graders who are regular smokers <21 21- 27.3 reported obtaining their last cigarette from commercial sources, >30 557.3 21-30 while over 52%of 12-1S-year-olds reported"usually"buying their own cigarettes in the 1993 Teenage Attitudes and Practices Survey(TAPS),which includes a national sample.'However,the questions asked were somewhat different,making the results from the two studies difficult to compare.As a result,it is not known if this small-town sample has different tobacco acquisi- Table 4. Results of final mixed model regression:correlates of tobacco purchase success at over-the-counter outlets(n=489) Regression Purchase success, Variable coefficient(SE) F statistic P value least squares mean Tobacco location 8.55 .0038 32.5% • All locked behind counter -0.13 (0.04) 45.6% Not all locked behind counter reference 4.51 .0120 Number of customers in line 0.25 (0.10) 37.5% Oneeor more None0.33(0.11) 46.0% 12.8% Unknown reference 10.22• .0016 Clerk gender 0.14(0.04) 47.8% Male Female reference 33.8% Clerk age 7.39 .0008 ° <21 years 0.23(0.06) 56.056.0% 21-30 years 0.06(0.05) 33.4% 31 or older reference Mean number of purchase attempts -0.10(0.04) 7.12 .0082 NA reported by student weekly smokers in past 30 days' %Of weekly smokers who bought 0.60(0.31) 3.87 .0504 NA tobacco within a month of starting to smoke' SE-standard error. NA_not applicable for a continuous variable. attemptin that'Mean values were computed for each community,then attached to each purchase com- munity. 172 American Journal of Preventive Medicine,volume 13,number 3 Table 5. Results of final mixed model regression:correlates of tobacco purchase success • at vending machine outlets(n = 96) Regression Purchase success, Variable coefficient(SE) F statistic P value least squares mean Type of business 5.08 .0099 Gas station/convenience store 0.77(0.30) 100% Bar,restaurant,private club 0.31 (0.12) 62.9% Hotel,motel,other reference 32.3% %Weekly smokers who bought 1.27(0.66) 3.69 .0611 NA tobacco within a month of starting to smoke' SE=standard error. NA=not applicable for a continuous variable. 'Mean values were computed for each community,then attached to each purchase attempt in that community. • tion patterns compared to the national sample,or if the lower attempts despite the state law and encountered locking devices in reported reliance on commercial sources is due to the way the place at only nine of 96 vending machine purchase attempts. question was asked.We believe that asking about first and last These findings confirm our previous report that locking device cigarette(as we did in this study)rather than usual practices(as requirements frequently are not implemented and when not in TAPS)makes the results easier to interpret because the ques- implemented are ineffective in preventing youths'tobacco pur- tion is more specific and does not require respondents to average chase." over a number of occasions. Stealing cigarettes from businesses is another commercial Despite the high reliance on social sources,businesses still fig- source of tobacco for youths.More than 26%of weekly smok- e ure significantly as sources of tobacco for regular tobacco users ers in this study reported having ever shoplifted cigarettes,and in this study.Over 50%of weekly smokers tried to purchase 2.5%obtained their most recent cigarette that way.The percent- tobacco at least once in the month prior to the survey,and most age of regular smokers in this sample who report stealing ciga- of them had obtained cigarettes from commercial sources at rettes is similar to that reported by DiFranza et al.27 but is - some point. considerably less than reported by Cismoski et al."Our results Our results illustrate the transition in tobacco sources as ado- confirm previous findings that shoplifting is most important for • lescents get older.Relatively few eighth-grade ever smokers relied younger teenagers.'"Among eighth-grade ever smokers,3.5% on over-the-counter purchase,while 28%of tenth graders said their most recent cigarette was stolen from a business,corn- reported that their last cigarette was obtained in that manner, pared to 1.2%of tenth graders. and almost half of the tenth-grade ever smokers have purchased Prevention of shoplifting is one reason tobacco control advo- cigarettes over the counter.Shoplifting and vending machines, cares have proposed a ban on self-service displays of tobacco. neither of which require interaction with a clerk,were more Such regulations would require all tobacco to be sold from important for eighth graders than tenth graders.The types of behind a counter or a locked display,accessible only by an businesses where teenagers tried to purchase did not differ sub- employee.We found that a surprisingly large percentage(55%) stantially between eighth graders and tenth graders,with gas sta- of over-the-counter tobacco vendors did not have any self-service tions/convenience stores the main category for both. displays even before any tobacco-control efforts had occurred in The apparently high reliance on social sources among this their communities.This argues that policies prohibiting self- group masks the contribution of businesses to social avenues of service displays are in fact not onerous and are possible for mer- acquisition.In a separate analysis of these data we found that chants to accommodate.Our data also show that self-service sharing tobacco products among underage youths is very corn- tobacco displays make tobacco sales to adolescents more likely; mon,with 69%of monthly.smokers indicating that they have 45%of purchase attempts from self-service displays were success- provided cigarettes to underage peers at least once.2'Adolescents ful compared to 33%of over-the-counter attempts where whose most recent source of cigarettes was commercial were tobacco was not directly accessible to the buyer.Thus,not only 73%more likely to provide tobacco to another adolescent coin- may requiring tobacco sales to be employee-assisted discourage pared to those reporting a noncommercial source."Thus, youths from stealing or attempting to buy,it also appears to tobacco obtained from commercial sources by underage youths reduce the likelihood that an employee will sell to minors.The has an effect on teenage smoking greater than just the buyer, requirement that the buyer ask for the tobacco product from an because it serves as a source for nonbuyers as well. employee provides more opportunity for the employee to observe Minnesota state statutes have required,since 1990,a locking the customer and increases the likelihood that the seller will ask device on all tobacco vending machines,except those located in for age identification.Having only employee-assisted tobacco businesses with liquor licenses."Only 11%of the weekly amok- sales also might indicate a larger concern on the part of the ers in this survey reported encountering a locked machine, owner or manager about the issue of youths'access to tobacco despite the fact that over 28% of them had purchased cigarettes and thus may be associated with more stringent employer poli- from a vending machine as some point.Also,our buyers were cies on this issue. successful at more than 50%of vending machine purchase Our tobacco purchase success by confederate buyers,at Ane J Prev Med 1997;13(3) 173 38.8%for over-the-counter locations and 54.3%for vending 8. Wolfson M,Forster JL.Socioeconomic status and adolescent tobacco saes the role of differential availability.Presented at the Annual machine locations,was lower than those for many previously Meeting of the American Sociological Association;August 1994;Los • be character- California. reported studies.This lower level of availability may Angeles, istic of smaller cities in rural areas,where few studies have been conducted to date.In our towns,over two thirds of the clerks 9. Centers for Disease Control and Prevention.Accessibility of tobacco ; appeared to be over the age of products to youths aged 12-17 years:United States,1989 and 1993. were women,and the majority MMWR 1996;45:125-30. • 30,both characteristics that predict lower purchase success. • Our study provided the opportunity to examine community- 10. Centers for Disease Control and Prevention.Preventing tobacco level effects on tobacco availability and to combine predictor DC:use USDg youth hpeople:a report of the Surgeon General.Washington, • variables in a multivariate analysis of cigarette purchase success by underage buyers.We were especially interested in the relation- 11 Altman DG,Foster V,Rawnick-Douss L,Tye JB.Reducing the ship among adolescents'perceived availability,their experiences illegal sale of cigarettes to minors.JAMA 1989;261:80-3. : in attempting to purchase tobacco,and actual tobacco purchase Brown LJ The Tobacco Institute's"It s the Law" success by confederate buyers.Our results show that in towns campaign:has it halted illegal sales of tobacco to children?Am J Public I where purchase success was higher,adolescent smokers reported Health 1992;82:127]-3. on average fewer purchase attempts in the last month(successful n McGovern P. of to ! or not)and that they bought their first cigarette sooner after first 13. Forster inH� ���PrevMed 1992;Availability of cigarettesga. r starting to smoke,compared with towns where purchase success underage youtht was lower.One interpretation is that in towns where it is more 14. Erick AD,Woodruff SI,Wildey MB,Kerney E.Baseline difficult to buy tobacco,adolescents must make more attempts assessment of cigarette sales to minor m San Diego,California.J in order to be successful in obtaining cigarettes and are likely to Commun Health 1993;18:213-24. delay trying to purchase tobacco or rely on social sources of I. • tobacco longer after starting to smoke.The lack of stronger asso- 15. Centers for Disease Control and Prevention.Minors'access to clarion between purchase success and perceived availability may tobacco:Missouri,1992,and Texas,1993.MMWR 1993;4212S-28. be because availability is ubiquitous.Alternatively,the number of 16. DiFranza JR,Savageau JA,Aisquith BF.Youth access to tobacco: businesses that sell tobacco to minors may not measure true the effects of age,gender,vending machine locks,and"lt's the Law" availability,since one business that sells tobacco to youths is programs.Am J Public Health 1996;86:221-30. enough to supply an entire town of this size. 17. Cox D,Cox AD,Moschis GP.When consumer behavior goes bad: t Our study is limited by the fact that tobacco use and acqui- an investigation of adolesent shoplifting.J Consumer Res 1990;17:149-59. ! sition behaviors relied on self-report.Associations relyon cross-sectional data and therefore cannot establish cause-effect 18. Gunoski J,Sheridan M. practices of relationships.Similarly,conclusions about differences in behav- adolescents8. Ciuns two Wisconsin communities.Tobacco acquisitioncWisconsin Med j ion across ages are limited because these are based on cross- 1994:585-91. • sectional and not cohort samples. devices on 19. Forster JL,Hourigan ME,Kelder S.Lockingcigarette This study was supported by grant number CA54893 from the National vending 1992;82:1217-9.dmacchines:evaluation of a city ordinance.Am J Public Health , Institutes of Health to JL Forster. 20. Blaine TM,Hennrikus D,Forster JL,O'Neil 5,Wolfson M,Pham H.Creating tobacco control 1of ! local level: ip �on of REFERENCES a direct action organizing approach.Health Be (in 1. Centers for Disease Control and Prevention.State laws on tobacco 21. Shapland DR.Smoking control in the 1990s:a National Cancer control:United States,1995.MMWR 199504:1-30. Institute model for change.Am J Public Health 1993;83:1208-10. KI JefferyRW.Sources of cigarettes to tenth 22. Murray DM,O'Connell CM,Scmid LA,Perry CL-The validity of 2. Forsterrs Jo, nne of smoking self-reports by adolescents:a reexamination of the bogus ingrade two Minnesota cities.Health Ethic Res 1989;4(])45-50. pipeline procedure.Addict Behav 1987;12:7-1S. • 3. Johnston LD,O'Malley RM,Bachman JG.Smoking,drinking,and illict drug use among American secondary school students,college 23. Murray DM,Perry CL.The measurement of substance use among students,and youth adults,197S-1991.Vol.1.Bethesda,Maryland: adolescents:whets the bogus pipeline method needed?Addict Behav USDHHS,Public Health Service,NIH,NIDA;1992. 1987;12:225-33. 4. Cummings K,Sciandra MA,Pechacek TF,Orlandi M,Lynn WR. 24. Pechacek TF,Murray DM,Luepker RV,Mittlemark MB,Johnson For the COMMIIT research group.Where teenagers get their cigarettes: CA,Schultz JM.Measurement of adolescent smoking behavior: • a survey of the purchasing habits of 13-16 year olds in 12 US rationale and methods.J Behav Med 1984;7:123-40. communities.Tobacco Control 1992;1264-7. 25MN Statutes,1992;Section 325E.075. 5. Cummings KM,Pechacek T,Shopland D.The illegal sale of Ad cigarettes to minors:estimates by state.Am J Public Health smokers'26. f orovtsn l ipon o atter JL,acccoo other xton AJ, Murray adolDAmM. Joe escent 1994;84:300-2. 1997;87:649-51. 6. Response Research,Inc.Findings for the study of teenage cigarette EddyBrown LF,Ryan JL,gogoiaviensky A. smoking and purchase behavior.Chicago:1989. 27. DiFqza JRcigarette acquisition and cigarette bend selection among youth.Tobacco 7. Centers for Disease Control and Prevention.Accessibility of Control 1994;3:334-8. cigarettes to youths aged 12-17.MMWR 1992;41:485-8. 174 American Journal of Preventive Medicine,volume 13,number 3 a OFFICERS BOARD OF DIRECTORS Racer K.Johnson Dottie Berg Ramsey Medical Society , sivyaPxrA.Stu a Todd Johnson American Lung Association of MN Allina Health System ?.Stuart Hanson.M.D. Nancy Ehlen Anne Joseph.QLD..MPH FR EHealthSystem Minnesota MN Medical.Assoc.Alliance VA Medical Center SE Society for SECRETARY/TREASURER Rick Ehrich.C.P.A. David Kievan.M.D. John Edward Ryan.RRT Olsen.Thielen 3t Cu..Ltd Health Partners.Inc. MN Society for Respiratory Care Penny Pena Thomas Kottke.M.D. 2000 PRESIDENT-ELECT Amer.Lune Asn.•Hennepin Cnty Mayo Clinic Jean Forster.Ph.D. Anne Joseph.M.D..MPH Jaime Clinic Martinez VA Medical Center University of Minnesota Community Prevention Coalition Ptsr PRESIDENT Gary Hanovich,M.D. Carolyn McKay.M.D. Hennepin Medical Foundation MN Medical Association Sue a Daniel Johnson COALITION Hennepin Co.Co.Community Health Dept. Blue Cross and Blue Shield-MN Andrea M.S.Silverman Fairview Health Services James M.Smith American Cancer Society.MN Div. Pat Stiea American Heart Assn.MN.Affiliate February 18, 1998 Richard Woellner.M.D. Retired Pulmonologist Yellow Medicine County Board of Commissioners Courthouse 415 9th Ave. Granite Falls, 1MLN 56241 Dear Yellow Medicine County Commissioner: It has come to our attention that an organization known as the Minnesota Coalition of Responsible Retailers (MCRR) is advising county commissioners and other elected officials on the implementation of ordinances designed to reduce youth access to tobacco. On the surface, it appears that this organization represents a broad base of retailers. However,the documentation that is enclosed indicates that MCRR is instead a well-known front group for the tobacco industry. Therefore, any advice that they give related to the implementation of tobacco control ordinances should be viewed as a lobbying effort on behalf of the tobacco industry. The documentation that is enclosed, obtained from the Minnesota Board of Campaign Finance and Public Disclosure,includes MCRR's funding sources. As you can see, the organization is funded by five tobacco companies for the purpose of "influencing legislative and metropolitan governmental unit action." This indicates that the organization does not necessarily represent the overall interests of the retailers,but rather the interests of the tobacco industry. This is of concern to the public health community,especially considering the recently disclosed documents showing that the tobacco industry designed its cigarette marketing campaigns to target the "14-24 age group." I have also attached an article regarding the Minnesota Coalition of Responsible Retailers that appeared in the St. Paul Pioneer Press. It explains that some state elected officials believe that they exist to "pull the wool" over the eyes of elected officials. The Minnesota Smoke-Free Coalition,which is comprised of health, community and religious organizations, urges you to consider the source of their funding and their primary goal of representing the interests of their clients-the tobacco industry. Thank you for your consideration of this request. If you have any questions concerning the Minnesota Coalition of Responsible Retailers or regarding youth access to tobacco laws and ordinances, please do not hesitate to contact me at any time. Sincerely, Judy Knapp Executive Director 1619 Dayton Avenue.Suite 104B.St. Paul.Minnesota 55104 • Telephone: (612)641-122 • FAX: (612)641-1601 • e-mail: sfc2000@mtn.org Critics question corporate role in grass-roots lobbying gr JIM RAGSDALE STAFF WRITER In the heat of battle over restric- " ' NNS tions on tobacco sales to minors last year, legislators saw their mailboxes fill up with messages _ from retailers who did not like the ; , way the new law was headed. 3.° i. , Lawmakers take such corn .*f 1 plaints seriously. The Minnesota Coalition of Responsible Retailers, "` one lobbying group opposing the I sh4 'A3'3111i'. bill, sounded like the sort of people they should listen to — conve- nience store-owners, grocers and VOICES other small businesses who would have to live under any new laws. "Everybody Then the tobacco fax hit the has a right to Capitol petition their Rep. Matt Entenza, DFL-St. government. Paul, stood up on the House floor But at the • and read into the record a faxed same time, memo from Thomas Briant. an you shouldn't Edina attorney who heads the be trying to coalition. 'The recipients of his put something memo included tobacco companies over, to pull as well as retail groups, and Bri- the wool over ant's description of his activities their eyes." suggested that big tobacco was HUBERT using retailers to fight cigarette HUMPHREY!li sales restrictions in local common- ATTORNEY ties. GENERAL Despite Brant's denials. the fax allowed tobacco opponents to brand the coalition as a wholly owned subsidiary of big tobacco, even though retailers who opposed the bill said they were doing so to protect their own inter- ests. Rallying around the fax like a battle flag, a LOBBY CONTINUED ON LOBBY/Special interests go after grass-roots support gasoline. phony front groups." sales fights around the state. She •CONTINUED FROM IS Under current law, such coati- Doug Blanke, an assistant attor- has thought that while local retail- tions must file forms and list their nev general who worked on the ers were carrying the message. smoking forces fought the tobacco lobbyists. but do not have.to re- tobacco bill. said."The m.o.of the :,;big tobacco was pulling...the interests to a tie last year, and port specifically where-their fund- tobacco industry is to identify peo- 'strings. She thinks the leaked have used the disclosure as evi- ing comes from. The expense of a pie who have some common memo makes that clear. dence that monied interests are full-court lobbying effort could ground with them. and put them "It really was pulling off the creating intricate lobbying easily be borne by a silent corpo- out front." He calls it "buying in- mask for me."she said,expressing "fronts" to put a pretty face on rate partner while the "grass- nocence by association." amazement that she had been mis- baser motives. roots"groups carried the message. led for so long. "If it happened to "It was a shock to discover that That is what Humphrey suspects Front or coalition? me, you gotta know that it hap- it wasn't convenience stores. drug happened last year — big tobacco Judy Cook of the Minnesota Re- pened to legislators." stores or grocery stores.but it was was leading the charge from the really R.J. Reynolds and Philip sidelines on the smoking bill, and tail Ylerchants Association was Morris." Entenza said. "It's basi- part of the coalition opposing call misleading," said Attorney Amoco Oil. which wanted to sell Humphreys tobacco bill last year. Y g an ethanol-free premium grade of She said retailers wanted a single General Hubert Humphrey III, gasoline, was doing the same on statewide standard for regulation whose crusades against tobacco the ethanol mandate. • and in favor of ethanol ran intoBriant would not disclose where of sales to minors, rather than nearly identical lobbying tactics the money was coming from for community-by-community regrrla- last year. He hopes to propose either group. He said tobacco in- tion. changes in lobbyist reporting laws terests and Amocoplayed roles in On this issue. she said, her this year to open upsuch relation- members agreed with tobacco lob- funding each group,but both coati byists. On others, they part ways. ships to public scrutiny. tions included diverse groups who "Everybody has a right to peti- "To take a fax list of all the happened to agree with the corpo- who receive information tion their government."Humphrey rate sugar daddies. people said. "But at the same time.you g and assume that any one party is At hearings on the bills, most of Pullin the strings; is unfair to shouldn't be trying to out some- the testimony came from these g g thin over, to put'the wool overthose of us who have responsibly grass-roots members of the coati-their represented our interests at the • pant sees the lobbyingefforts tion — retailers opposing the ciga Capitol," she said. rette sales restrictions. and the °`The reality of the legislative differently. While corporate inter- snowmobilers and classic-car en- ests were involved in both the to- thusiasts opposingthe ethanol re- process is all about building coali- bacco and ethanol fights, he said. Mons." she said. "When you're the other members of the cull striction. Humphrey believes this dealing with legislation, you look tions were actingin their own self- was misleading. around and see who would share a "When the headline reads. `Min- interest. Min common interest with you." mt"I think thesegroups would nesota Coalition for Fuel Choice Briant said Minnesotans for a combats Minnesota corn-growers. Fuel Alternative, the anti ethanol have,on their own,still supported that says one thingto thepublic legislation for ethanol-free gaso- and the reader," umphrey said. group,was formed three years ago line, or would have opposed re- and is no longer active. having i .. p "If it was 'Amoco combats corn-strictive tobacco legislation," hewon ar. exemption from the re- said."Their livelihood is at stake." fir wee.' that says something en- gull'emetic for small-engine own- tirely different. Many successful lobbying ef- "It's real important not only ers. forts involve broad coalitions. and that the public knows the funding "Amoco had a contributing it is common for a coalition to put mechanism for some of these role." he said. "I can't go into the forward what they believe is their groups, but certainly even the leg- specifics of dollars." But he said most attractive interest group. islators,"he said.He recalled talk- many groups wanted an ethanoI- Many lobbying and public rela- ing to legislators on his tobacco free requirement, and the group tions firms go to great lengths to bill and hearing all the complaints expanded to include the Minnesota show that their position has about the bill by the "responsible Street Rodders Association. the "grass-roots" support back home. retailers." He would respond with., Midwest Marina Association. the "Increasingly. the challenge for the list from Briant's fax. • Midwest Drag Racing Team and organizations is to demonstrate "I said. 'Do you know who they the Northland Snowmobile Dealers I • how it plays in the public interest. are"" Humphrey said. "They'd Association. not just in their self-interest."said say. `Well, they're business peo- The Minnesota Coalition of Re- John Himle.a former House mem- ple.'I'd say, 'No,no, no. no. take a sponsible Retailing is still active. ber who heads a media relations look at who they are. Those are and will likely figure into a new, firm. "We counsel clients, if the the tobacco companies.''' battle this year over Humphrey's i issue has broad-based support.you In the same way that charities cigarette sales restrictions. .ought to go out and get it. 'We are not allowed to wrap a corn- "I'm not disputing that tobacco • counsel clients against trying to mercial pitch in a charitable title. companies are involved," Briant create sham organizations that do Humphrey said he believes lobby- said. But he denied that this is a not exist but for one company or ing groups should "have to dis- tobacco "front" group. saying the one organization." close who they are and where Minnesota Grocers Association, they're coming from." His staff is the Minnesota Wholesale Market- Big tobacco and big corn focusing on a requirement that ers Association. the Minnesota Li • - Last year.Humphrey thought he each group fully disclose its fund- tensed Beverage Association and • ran into evidence of this type of ing. the Minnesota Retail Merchants "front" lobbying on both the to- Eric Johnson. Humphrey's exec- Association are also members of bacco and ethanol issues. utive assistant. said these two the coalition. "I report to the re- In both cases, his nemesis was groups "were designed to look like tailers and to other companies." Briant, who helped put together broad-based. grass-roots groups. he said. "That shouldn't be used to • the "responsible retailers" group but they were not broad based. ... draw conclusions that this is some- concerned about the tobacco-sales The tobacco lobby and Amoco Oil how a front.' bill, and Minnesotans for a Fuel and every special interest have a Jeanne Weigum. president of Alternative, formed to challenge right to lobby the government. but the Association for Nonsmokers- the statewide requirement that they shouldn't have a right to de- Minnesota. said she has seen • ethanol be mixed into all erades of 'hn n„hlin h,• h.n'vrniiino Briant non un at local tobacco- •APR. S.1597 5:03Pi1 THOMAS;R. ERIANt NO.214 P.2/e 4::;41;t':'4;7;1'4-'5, min Meat Praet Bard . 4' •`` lot Flaw south.eanbhmeal Sandhi° n T n� �� ONCedar taaat ► „04,r_.,„Ifit:; •�� St Paul,MN 5%165.803 , di Lobbyist Disbursement Report • •.—_ 1'r,'{ r .7.-,:";:d'-‘2,;:. c.:if'''.' ',' i .1 . ¢P. , ae„ Yau?. 4t.5''j.';';'-7.1-.:,-:.-',',.4.',-"4.1 '.,' `rgyLm:'•. M o xr^+:!i t � s i P H • This ort bd required of all Lobbyists. It must be signed,dead,and filedrwilt intr thio Mod : ielgce►cl: • The report may be Sod by facsimile. Feu number:812P 6-17 , • Use siK or typawrldf. • Ail information on this report Is.public Information. • Address questions to the stiff at 812 e-6615 or 800/05741189."TTY rally 800/827-3629,ask far.286.6.616. • Board staff may also be reoehed by e-mail at epb mn.tra. . • ,;4,.,' . „ ,::::;;;;':',.•;:1,;.,,,j to>{as.1. -II! r5 Z- wr r.:` 1")n Jl? '0 � n:-t`. „+i-.7:;'",'-i':''?,.':!,T°,o ` rp 2F-td q{t .:17 Y;,%'t: ;Li l - — ` -- _ ._ -- r.plrsallon rubel ... NIL 1 1111111111111 7850 - 4025 Thomas A.Eriaantt 512-925-3001 _. Minn Coalition of Responsible Retailers I Suite 100 4006 W 86th tit r___.___ , -- — -- , Edina, MN 65495 lNam ofPoratutpa w low rmar Kawamura ,1:;:::z.....,.:,•r.. P s., 1}-< '=L - ,.dre, i...`. 1 Z j'-'t:11%%1 i,R:1 ei Ii J ;4.rrf) - 7 ' r: ,.,t !'. Due Date Period Covered April 13• MR 111 through 3131/97 • Check(1)one of the two boxes below ony if appiiorrbte and provide the requested infanttation. ❑ Amendment Chbdk this box It you are fling this report to AMEND a Dft v101181v-liled report, Write in the date of the report you am amending: 0 Termination Check this box if you no longer lobby fqr the assadatlon or individual who you registered to represent.Termination Date: , '' 4Z } t = i ~_ Ci � } , "1.'-..:,.,' " ,,-,'.'n"-,.... ,:1) , ,, ,. ,' : ' ..,.-, ,,,,,,,,,;,,,,,,,,,..,—,-(7,--3.a t 4 }ta', :. .. .. � rCi '”," a, ' 'VU ' ''''.',,.:,."., ,r.,6-- ',' ,."1-4-2-P:-= %,' ",z j. N. i, Thomas A. Br i 6,ntr ,certify that this report is complete,trader and convict. (print or type name) -11... ....v......— • April 3, 1997 Signature of lobbyist Date Any pemon who sires and certifies to be true a report or statement which the person knows contains fake information,or who knowingly omits required information,is guilty of a gross misdemeanor. Pages one and three of filch report must be filed witti the Board,even If you,your employer,prindpai, or employee made no cssbuisemenisthis reporting period. i rri(2/87) APR. 3.1937 5s 05PM 11-10MAS A. MIAMI NO.214 P.4./G t' ,T }(.4 a • Report on this schedule thetotal amount spent by the lobbyist, employer, principal, and employee of the lobbyist In each of the categcrkts tested, during the reporting period. See definition of disbursements on page 4. • Tv Influence To Influence To Influence Legislative Action Administrative Aaron Metropolitan Inc adIng rulemafdng or Governmental amending of rules ,Unit Action 1.Preparation and distribution 0 *00 4 a.a.a of lobbying materials 2. Media advertising 3.Telegraph and telephane 650.00 125.00 UMW 4. Postage 25.00 _ 20.00 5.Foes arid allowances 3,225.00 10,000.00 8. Entertainment 7, Food&Beverage 25.00 8.Travel end 30.00[edging 9.Other disbursements Total V1;436%1'100 $ .00 $18, 21o.00 d To pg..3 line 1 , To pg.3 line 2 , To pg. S fine 3 • sr4(2117) apes Ws 7850-4025 APR. S./SS'? S:a7Pm THOMAS A. SRIANT HQ. 14 I.b/b r"" r ut..� S L st. , , ye..I' 4 fy'i Other scums of funds are Individuals or associations who disburse more then$500 in any year directly to the lonbyist,or to any employer or papal of the lobbyist,to be used for purposes of lobbying,Including fees or salatry paid to a lobbyist as compensation. - - Report on this schedule the name, address,,emplayor,or If seiremployed,the occupation,and ppfl�ncipsl place of Walrus'',of each dherindvlduel or other easoalstian that paid more then!Nati in this calendar year to the or essotusitlon yell represent to be uses for Iobbytnp purposes. Do not list the aNuounts paid by fhs other source otfindi. Attach addltiomd pages,',necessary,to complete this schedule. check N)hind eriob400 • far ye, knee me wed* Name and address Entp paflon/princlpll l place Lag Armes MGU of business . Tobacco institute 1875 X street N.N. Sade x x . . DC 20005 - Philip Norris U.S.).. Same X x R.J. Reynolds Tobacco Co. - 0. sex 2.59 Sams x x Brown & Williamson Tobacco Same x x 1500 Hens & i1il1an Tower c �. usv e� ai SMOkcileag Tgbacoo Council 1627 R stra4t Same x x pfaiahington. DC 20006 • • i sp st Legislatfvo Action Mmin=Administrative Paden *IOU a•Msbepollam Governmental UnitAdion Report on this schedule the names,addtesies, and office held of each officer or director of the association the lobbyist repesdrl. The Snit 1141110 Well helm should be the inteAdtrai rliopensibleforligng t Re c t of i.abtryit PrinaipeL Asch additional elms it meaessary. 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DATE: June 2, 1998 INTRODUCTION Mr. Dennis Czech is requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Highway Business (B-1) Zone to Multiple Family Residential (R-3) Zone. This property is located south of the municipal services (police& public works)buildings, and southwest of Gorman Street. A copy of the May 21, 1998 Planning Commission staff report is attached for reference. This rezoning is in compliance with the current Comprehensive Land Use plan for the city. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Highway Business (B-1) Zone to Multiple Family Residential(R-3)Zone 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 516,Fourth Series, and move its approval. i:\commdev\c61998\cc0602\dmz-rezn.doc ORDINANCE NO. 516, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND GENERALLY LOCATED SOUTHWEST OF GORMAN STREET and SOUTH OF THE MUNICIPAL SERVICES BUILDING SITE from HIGHWAY BUSINESS(B-1)to MULTIPLE-FAMILY RESIDENTIAL(R-3)ZONE. WHEREAS, Dennis M. Czech of DMC Company, Inc. has requested the rezoning of land legally described on attached Exhibit A, from Highway Business (B-1) Zone to Multiple Family Residential (R-3)Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on May 21, 1998, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Multiple Family Residential (R-3)Zone to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on attached Exhibit A, from Highway Business (B- 1)Zone to Multiple Family Residential (R-3) Zone. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 1998. Prepared by: City of Shakopee 129 S.Holmes St. Shakopee,MN 55379 All that part of the East Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the southeast corner of the Northeast Quarter of Southwest Quarter of said Section 6; thence northerly along the north-south quarter line of said Section 6 for a distance of 100 feet; thence westerly parallel with the south line of said Northeast Quarter of Southwest Quarter a distance of 236.80 feet; thence southerly parallel with said north-south quarter line a distance of 326.62 feet more or less to the intersection with the northerly line of the plat of EAST-VIEW 1ST ADDITION; thence Southeasterly along said northerly line to the intersection with the north-south quarter line; thence northerly along said quarter line a distance of 331 .16 feet more or less to the point of beginning. AND All that part of the Northeast Quarter of the Southwest Quarter, Section 6, Township 115 , Range 22, City of Shakopee, Scott County, Minnesota described as follows: Starting at a point on the quarter section line 100.0 feet due North of the Southeast corner of said Northeast Quarter; thence due West parallel to the 1/16 line, 236.8 feet to the property now owned by the City of Shakopee; thence due North of said City Property line 376.0 feet thence due East about 16.0 feet to the West right-of-way line of State Aid Road No. 11; thence Southeasterly along said right-of-way line about 290.0 feet to the quarter section line; and thence South 193.9 feet to the place of beginning. EXHIBIT A PC AGENDA ITEM#6 ._ CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business(B-1)Zone to Multiple Family Residential(R-3)Zone MEETING DATE: May 21st, 1998 Site Information: Applicant: Dennis M. Czech DMC Company Inc. Property Owner: Shakopee Limited Partnership II Location: South of Gorman Street/North of Gorman Field/East of Municipal Buildings Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Highway Business(B-1)Zone South: Highway Business(B-1)Zone East: Multiple Family Residential(R-3)Zone West: Highway Business(B-1) 1995 Comp. Plan: High Density Residential Area: 3.528 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: 1995 Comprehensive Land Use Map Exhibit C: City Code Sect. 11.34,Multiple Family Res. (R-3)regulations Exhibit D: Communication from the Applicant Introduction The applicant is requesting the City to amend the Official Zoning Map by rezoning a parcel currently zoned as Highway Business(B-1) to Multiple Family Residential (R-3). Please see Exhibit A for the location of the subject site. The applicant has indicated to Staff he intends to construct a 60 unit, 3- story apartment building,with detached garage facilities. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the denial of the request to rezone property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. ,A46aixr_c: Tim Benetti Planner I i:\commdev\boaa-pc119 9 8\0521\rz-czech.doc 3 Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the denial of the request to rezone property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Tim Benetti Planner I is\commdev\boaa-pc\19 9 810521\cz-Czech.doc 3 Ito R 2 a rt* y ,J �/ SUBJECT SITE ,. ^`, lime— isi (/ . �,,,, Or�11 . R 2 ��iv . °r°r° �,tt 111 _ at r1 .' ten aleftotn orrra a�tet4 �z alt Asr� - �1�1°'�011�►A Q-�a 1►►ratittlietilisVisvi-StalassirgraTzeilarrii. atet,� Illi Qla;� �t11aot�tp '4�- + � �., - aQ°►� ettlap ,►° °1�r°r / C� ar°aa °►► � to a►�ra»111a ° 4 ►►i litt or *it Sal ou 0111° ,IIA �►�ra�0litt � t.31 � ,,-rp aa�1° Silt , a►ti 1111111 ��'��t� - --: W. sr=►► 1111 Tilt 111 1 11101b�.� ,. 1 : 11, �, 1Iiii1ui 1111111 a err no a Q tit pulp '1�Ali p►►111�ns I1I!! to p1110 p111p ant it clel sanDz"-': 4 111 MIMMII 41 sto II�r!�. si 754 AVE. . IS sig 111+ l0Eillik/k�ata °►1rp °‘39 ,,'��' Iil e�z ppm ►a �;���1� 13ti3-1a;1 �I I 1 .1 �1 I I J I '1o01►��, � � � Y3.111 01 1i 1844-111 1 13.3 E. Hail °S �'13131 kI 1111111.,' a kik FR PilvP i — s1�,1 aetl° ,i��p �, 111 111 IIIID �� v� I�;+�� 5 go tll �� ,,t,� X 111111 111ZS sio ©c. s�„le 00� 0 O Rc ©10 � sG � � ' � �11� I 1 11111 raft Nuarri.., , N s�� ='\fil E.. t. __ 'll= all 1111 F-1 _ ' H 71113 i. r►l■ a.•© e . Illll. :a,,, y NCI � F� ri �aAFF ��-m ■ _ • w .„_ ,_,_—_,T. = . , ,.-7-- . s _ ill MINI - Ili- -- - f�Mil c I p0 2 ©1 - ______ __,_ _ 9N 1 l 2 3-17 4 W S 6 NL -© - SE1�X N1Q1 ��, W r ma ...15"111.11 I �Q ma _ d a.! — - Y �Q. —t.-7-7,1_ �1 H • 1 =-"--i • u S ilk l • . G • 1 Z AV � � 441 O♦�©110 .- -i---"1.1 -. � r©fir0 16 fri �0lin , •`11 j v 116 v4Vtr1 � I+. -T:if Wiliggairfe 40 ,..M... � R t: og rink lest, 0 pe • sRipip �Qd aaW EXHIBIT A ,,,, 14e • os' 4„fr A Ara,. t, • N eciew, IP 40.4 11141111 PC AGENDA _ ITEM#6 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business(B-1)Zone to Multiple Family Residential(R-3)Zone MEETING DATE: May 21st, 1998 Site Information: Applicant: Dennis M. Czech DMC Company Inc. Property Owner: Shakopee Limited Partnership II Location: South of Gorman Street/North of Gorman Field/East of Municipal Buildings Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Highway Business(B-1)Zone South: Highway Business(B-1)Zone East: Multiple Family Residential(R-3)Zone West: Highway Business(B-1) 1995 Comp. Plan: High Density Residential Area: 3.528 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: 1995 Comprehensive Land Use Map Exhibit C: City Code Sect. 11.34,Multiple Family Res. (R-3)regulations Exhibit D: Communication from the Applicant Introduction The applicant is requesting the City to amend the Official Zoning Map by rezoning a parcel currently zoned as Highway Business (B-1) to Multiple Family Residential (R-3). Please see Exhibit A for the location of the subject site. The applicant has indicated to Staff he intends to construct a 60 unit, 3- story apartment building,with detached garage facilities. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the denial of the request to rezone property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff: Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. ,,,._., ,4e2;46/ 1,_1 Tim Benetti Planner I Bcommdev\boas-pc\1998\o521\tz-czech.doc 3 Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 2. Recommend to the City Council the denial of the request to rezone property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Multiple Family Residential(R-3)Zone. Tim Benetti Planner I i:\commdev\boaa-p61998\0521\rz-czech.doc 3 20 R 2 1 SUBJECT SITE 4/410)140 ',. si- ..,-4. / ;� R Z ----goo .� 111�� �.i4-- OS t� tit [A t Ott '' �� ��� r_ III,?;11111,11. ,� � �--t ���to ttttoo��to °�tt°tt11.- -r'�r . ot git - ot�tt ' . .1;----- �� '���� •� Ol ;, �tttp Ot�;td at�10 1���1 p11tt���i a r (3131112141/111111:e-' �. yp ��,�_ �1�!�4 �Q�t� ______,--0 atlt 'tttp �t11���� o��lh r 4 � ,ttt° tt�t t ,��tot to oath °'��° 'i � t% ® �t�1 Q1 ' ` � it* � _ Sill top. ,�„�, 111„ ��10 1 '! - ����ttt ��i10 _ � 0 1 16 ,t- 611111 Its e1tte �r•� �+ �16it Ott rpm MN ��� Walt � °11tp ,��t a�1�t °1110 — lb., otttttl_ I1'IJ!.P 0 r a mit sat ,,,,ii Ist wsw vim gel nil 0 . hPt1*ii tot 110‘- Itt +1 i1 , . !011© 01110 7,cr4TTT �Ipp� VINE'moi'_ �' 111 Olil0l�ie'8�� , R 3 �11to •• 1• sot q pp�pi 11111i� 33 . 4-1 I I -1 �I I I I I �Iot W 1 0 ttQ a 1 ' E. 1'1311 P; ! 13131 kl 0�i'id Wit© ■ �' � �e�t0%I e9, � �� v�tote. � . l5 ire a a •li1IIl 11111 III s1p� Ii Si lost liat gala= gm i ra mai 1S dirriklannillegt,-11: 00: 11. �s ` '1111' IF \7 d�EM ac Mill: g r aE un =m .__ ,. . T - • � .�.� ---- 15 Jr 2 CI-D€MM 43"1 Nall SI. - �� 1 N =- U 1 U 1 U 1 �.r. U �� , -- _r- — .--� , 2 ©� S _L 1 2 3 W 4,�4 S 6 6 v� TN Wr� tail _ Y � ---5.11 MI_ °Z SEI�t NIQI _�, c N " x —_7 INK l Obi ©� SCM �_' �� .-.-�. • , o • � a • . i � r H _ ,vD,,,, „� iity owl z W Pe*, 6� ©dm in ♦ ©����i �,.,a .- �©j ON%im_ ���l�il� o� �......�scci- a ,# 416 &TAas '�� 0 �0 — 61 _.; 7 4,4001 Itlikate. s dsp� � p. Li! Ad (4 ?., 0 apin R o► _ ��►,$�3,�� • ,d Q �` ��1^ EXHIBIT A CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Technician SUBJECT: Preliminary Plat of Pheasant Run DATE: June 2, 1998 INTRODUCTION&BACKGROUND: Raymond Ames is requesting Preliminary Plat approval of a development to be known as Pheasant Run. The property is located east of the Prairie Village plat and north of Valley View Road (please refer to Exhibit B of attached March 5th memo). The subject site is 105.9 acres and 263 single family lots are proposed. The Planning Commission opened the public hearing at its March 5th meeting and discussion was continued to April 23rd in order for an Environmental Assessment Worksheet (EAW) to be completed. The EAW was completed and comments were due by April 22nd. At its April 23rd meeting, the Planning Commission was asked to continue the public hearing to May 7th in order to complete responses to those comments received. The City Council did make a negative declaration on the need for an Environmental Impact Statement (EIS) at its May 5th meeting. ALTERNATIVES: 1. Approve the Preliminary Plat of Pheasant Run subject to conditions as presented. 2. Approve the Preliminary Plat of Pheasant Run subject to revised conditions. 3. Do not approve the Preliminary Plat of Pheasant Run. 4. Table action on this item and request additional information from the applicant and/or staff PLANNING COMMISSION RECOMMENDATION: The Planning Commission did review the proposed development at its May 7th meeting and a motion was offered and approved to recommend approval of the Preliminary Plat of Pheasant Run, with added conditions, to the City Council. The added conditions address street naming and temporary cul-de-sac issues. These conditions have been incorporated into the conditions of approval. ACTION REQUESTED: Offer and approve Resolution No. 4907, approving the Preliminary Plat of Pheasant Run with conditions. eth Handric1 Planning Technician is\commdev\cc\1998\cc0602\phsrunpp.doc RESOLUTION NO. 4907 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF PHEASANT RUN WHEREAS,Raymond Ames is the applicant and owner of said property; and; WHEREAS,the property upon which the request being made is legally described as: The Southeast 1/4 of the Northwest 1/4 of Section 17, Township 115, Range 22, Scott County, Minnesota. That part of the East 1/2 of the Southwest 1/4 of Section 17, Township 115, range 22, Scott County, Minnesota, lying North of the center line of County Road No. 79. Except the following described parcel: Beginning at the Northwest corner of said East 1/2 of the Southwest 1/4; thence South 89 degrees 33' 33"East along the North line of said East 1/2 of the Southwest 1/4 a distance of 21.00 feet; thence South 00 degrees 26' 14"East a distance of 1301.77 feet; thence South 1 degree 02' 06"East a distance of 227.00 feet; thence South 2 degrees 15'14" East a distance of 217.00 feet more or less to the center line of County Road No. 79; thence Northwesterly along said center line to its intersection with the West line of said East Half of the Southwest Quarter; thence Northerly along said West line to the point of beginning ALSO: All that part of the following described property: That portion of the East Half of the Southwest Quarter of Section 17, Township 15, Range 22, Scott County,Minnesota, described as follows: Beginning at the Northwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 33 minutes 33 seconds East along the north line of said East Half of the Southwest Quarter a distance of 21.00 feet; thence South 00 degrees 26 minutes 14 seconds East a distance of 1301.77 feet; thence South 1 degree 02 minutes 06 seconds East a distance of 227.00 feet; thence South 2 degrees 15 minutes 14 seconds East a distance of 217.00 feet more or less to the center line of county Road No. 79; thence Northwesterly along said center line to its intersection wit the West line of said East Half of the Southwest Quarter; Thence Northerly along said West line to the point of beginning. Which lies Northerly of the Northerly line and its Easterly extension of the following described property: All that part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, described as follows: Starting at he Southwest corner of said Section 17, Township 115, Range 22, and running thence North on the section line 1395.0 feet to the center line of County Aid Road No. 80; thence South 73 degrees 23 minutes East along the center line of said road at an angle of 106 degrees 37 minutes to the right 714.0 feet; thence North parallel to the section line 125.0 feet; thence East at an angle of 90 degrees 35 minutes to the right 486.7 feet to the point of beginning of land herein to be described; thence South and parallel to the East line of the Southwest Quarter of the Southwest Quarter a distance of 302 feet to the center line of County Aid Road No. 80; thence Southeasterly along center line of said highway a distance of 241 feet to the intersection of the East line of said Southwest Quarter of the Southwest Quarter; thence North on said quarter quarter line 433.1 feet; thence West 200.0 feet to the point of beginning WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Pheasant Run on March 5, April 23, and May 7, 1998, and has recommended its approval with added conditions;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 Preliminary Plat of Pheasant Run is hereby approved subject to the following conditions: A. By the time of any Final Plat application, a storm water management plan for the plat shall have been approved by the City Engineer and MnDOT. B. The Final Construction Plans and Specifications must be approved by the City Engineer and SPUC Utilities Manager prior to construction. C. Outlot A shall be dedicated as park land in lieu of park dedication fees. D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the 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. 3. The developer shall provide easements, as required by City Code, including access easements to the ponding area. 4. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 6. The developer shall sign a petition and waiver for the improvement of Valley View Road. 7. The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. 8. The Final Plat drawing should show that the streets shown as Parkridge Way and Parkridge Court have been renamed. 9. The Final Plat drawing should show that the streets shown as Ridge, Run, and Way have been renamed to reflect existing street naming (i.e. Street, Lane, Drive, Road, etc.). BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said plat and the developer's agreement for Pheasant Run. 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 N CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Technician SUBJECT: Preliminary Plat of Pheasant Run DATE: May 7, 1998 INTRODUCTION&BACKGROUND Raymond Ames is requesting preliminary plat approval for a development to be known as Pheasant Run. At the March 5th Planning Commission meeting, a motion was offered and approved to continue the public hearing to April 23rd in order to complete an Environmental Assessment Worksheet (EAW). The EAW was completed and published for review on March 23rd and comments were due by April 22nd. The City Council will review the EAW at its May 5th meeting and staff is anticipating that a negative declaration on the need for an Environmental Impact Statement (EIS) will be made. Please find attached the March 5th memorandum detailing staffs findings of this application. Additional comments were received regarding this application after the review deadline and have been attached as Exhibit A. In response to Scott County Highway Department comments(Exhibit A), staff has the following to offer. The development will have no impact on the future alignment of 17th Avenue. Traffic from the proposed Pheasant Run will be able to travel to the west and connect with either Brittany Drive or Sarazin Street. Another collector street is proposed as land to the east develops. ALTERNATIVES I. Recommend to the City Council the approval of the request for approval of the preliminary plat of Pheasant Run, subject to the following conditions: A. The approval of this project is contingent upon the negative declaration for the need of an EIS. B. Prior to approval of the preliminary plat by City Council, the following condition shall be met: 1. A storm water management plan for the plat shall be approved by the City Engineer and MNDOT. C. As part of the application for Final Plat, the applicant must submit the following: 1. The Final Plat drawing should show that the streets shown as Parkridge Way and Parkridge Court have been renamed. D. Outlot A shall be dedicated as park land in lieu of park dedication fees. E. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and the SPUC Utilities Manager. 4. The developer shall provide easements, as required by City Code, including access easements to the ponding area. 5. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 7. The developer shall sign a petition and waiver for the improvement of Valley View Road. 2. Revise the conditions recommended by staff, and recommend approval of the preliminary plat of Pheasant Run to the City Council subject to the revised conditions. 3. Recommend to the City Council the denial for the request of the preliminary plat of Pheasant Run. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. 1 'I f STAFF RECOMMENDATION Staff recommends Alternative No. 1, recommending approval of the preliminary plat of Pheasant Run to the City Council. ACTION REOUESTED Offer a motion to approve the preliminary plat of Pheasant Run to the City Council and move its approval. . / Beth Ha 'ch Planning' 'echnician i:\commdev\boas-pc\19981050Tppphsrun.doc SCOTT COUNTY EXHIBIT Ai ( ( o PUBLIC WORKS AND LANDS DIVISION D �'- - HIGHWAY DEPARTMENT ..d ,2 600 COUNTRY TRAIL EAST 1998 JORDAN, MN 55352-9339 (612)496-8346 BRADLEY 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: Preliminary Plat of PHEASANT RUN in Shakopee East of CSAH 17/ northerly and adjacent to Valley View Road in Section 17 Dear Mr. Leek: We have reviewed the preliminary plat and construction plans of Pheasant Run as it relates to Highway Department issues and offer the following comments or concerns: The project isn't adjacent to any County Highways and therefore does not have any direct impacts to our system. However, we have the following indirect impacts to our system: • In past review of your Draft Transportation Plan you have shown a future extension of 17th Avenue and suggested that this extension has the potential to become a County Highway in the future. Please provide comments regarding any impacts this development may have on that future alignment. • We also may have a concern with the development of the City street system. With the information provided, it appears the street system extends north from Valley View Road and may not provide for the • north/south connections between east/west collector streets (i.e. future 17th Avenue extension). The road system seems to loop westerly, and eventually adding all the traffic back onto CSAH 17. There needs to be a City street grid system for collector roads to enable the County to provide access management on minor arterials like CSAH 17. That will allow the County to provide adequate spacing for traffic signal systems and allow for good traffic flow for the residents of Shakopee. We would be glad to meet with City staff regarding this matter. Thank you for the opportunity to comment. Sincerely, 8C6ott)1/444A10.146? Scott Merkley Transportation Manager c: Brad Larson - County Engineer Bruce Loney-City Engineer Mr. Raymond Ames -Ames Construction An Equal Opportunity/Safety Aware Employer sm:\adrr.\raview\p lat.doc • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Intern SUBJECT: Preliminary Plat of Pheasant Run DATE: March 5, 1998 Sim INFORMATION Applicant: Mr. Raymond Ames Location: North of Valley View Road and East of Prairie Village Current Zoning: Urban Residential (R1-B) Adjacent Zoning: North: Agricultural (AG) South: Valley View Road/Rural Residential (RR) East: Agricultural (AG) West: Agricultural (AG)/Urban Residential (R1-B) Comp. Plan: Single Family Residential Area: 105.9 Acres MUSA: This site is within the MUSA boundary. INTRODUCTION Raymond Ames is requesting preliminary plat approval for a development to be known as Pheasant Run. The proposed development is 105.9 acres and consists of 263 single family lots. The property is located north of Valley View Road and east of the Prairie Village plat(please see Exhibit B) and it is currently zoned Urban Residential (Rl-B). CONSIDERATIONS 1. The subject site is 105.9 acres and 263 single family lots are being proposed. City Code requires that the maximum density for the R1-B district be 5 (five) dwelling units per acre. The density for this development is 3.1 dwelling units per acre. 2. Outlot A is intended to be dedicated as park land. The area is 9.51 acres in size and is a total of 11 (eleven) percent of the site, which does meet the park dedication requirements. Although the 1995 Comprehensive Plan does not identify this area as a future park, it should be noted that the land to the north of this development is being proposed for the new elementary school and park site. For this reason, the dedication of land will be accepted rather than park dedication fees. 3. The Preliminary Plat includes the creation of outlots B, C,D, E, F and G. These outlots as proposed do not meet the required criteria for lots. It is the applicant's intention to combine these outlots with adjacent properties in the future. No building permits shall be issued for the outlots until such time as they have been replatted or combined with other properties so that they meet the City's design standards. 4. The preliminary street plan shows that there will be a Parkridge Way and a Parkridge Court. Because there is an existing Park Ridge Drive and a Park Ridge Circle within the City, staff is requiring that these streets be renamed at time of final platting. 5. The Building Department has commented that road access will be required for emergency and inspection purposes and the plat must comply with compaction requirements for building pads. 6. The Assistant Fire Chief has commented that the plat shall be subject to review of hydrant locations. 7. The Engineering Department has reviewed the plat and has provided comments which can be found in Exhibit A. 8. In preliminary discussions with the developer, a slightly different plan was presented. When the current preliminary plan was reviewed, it came to staff's attention that the number of residential lots had increased. The Environmental Quality Board (EQB) mandates that a Environmental Assessment Worksheet (EAW)be completed when 250 or more unattached units are proposed in a city within the seven-county Twin Cities area that has adopted a comprehensive plan. Being that 263 unattached units are being proposed with this project, an EAW becomes mandatory. ALTERNATIVES 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Pheasant Run, subject to the following conditions: a) Prior to approval of the preliminary plat by City Council, the following condition shall be met: i) A storm water management plan for the plat shall be approved by the City Engineer and MNDOT. b) The approval of this project is contingent upon the negative declaration for the need of an EAW. c) As part of the application for Final Plat, the applicant must submit the following: i) The Final Plat drawing showing that the streets shown as Parkridge Way and Parkridge Court have been renamed. d) The maximum density allowed in the RI-B zoning district is five dwelling units per acre, excluding public right-of-way, as required by City Code. The development, as shown, is 3.1 dwelling units per acre. e) Oudot A shall be dedicated as park land in lieu of park dedication fees. fl 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 the 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. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) The developer shall provide easements, as required by City Code, including access easements to the ponding area. v) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vi) No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. vii) The developer shall sign a petition and waiver for the improvement of Valley View Road. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat of Pheasant Run to the City Council subject to the revised conditions. 3. Recommend to the City Council the denial for the request of the Preliminary Plat of Pheasant Run. 4. Continue the public hearing in order to allow time for the applicant to prepare an EAW or make any necessary revisions to the plat in order to eliminate the need for an EAW. STAFF RECOMMENDATION Staff recommends Alternative No. 4, continuing the public hearing to allow the applicant time to prepare an EAW or make any necessary revisions to the plat in order to eliminate the need for an EAW. ACTION REQUESTED Offer a motion to continue the public hearing of the Preliminary Plat of Pheasant Run and move its approval. At Beth . 'ch Planning Intern i:\commdev\boaa pc\1998103051pbsnmpp.doc • EXHIBIT A City of Shakopee Memorandum TO: Beth Handrich,Planning Intern FROM: Joel Rutherford, Assistant City Engineer ii-- SUBJECT: Preliminary Plat Application-Pheasant Run 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: Streets Internal Streets This development shall consist of all local roads with 60 foot right-of-ways, and 36' streets (face to face). The right-of-ways are shown to be 60 feet, and the streets appear to be 36 feet. Access/Connections to Adjacent Streets On the west side of the development, connections are shown to the Prairie Village development. On the north side, the development ties into the street proposed by the school district for the new school site. Adequate access is provided for on the east side, as well. On the south side, one connection is proposed to Valley View Road. Valley View Road is currently not paved, and Council has not yet authorized the improvement of this street. The Draft Transportation Plan proposes this roadway to be a collector street, so one access would be appropriate. The 50' feet of right-of-way dedicated for the plat is adequate. Depending on the phasing of the Pheasant Run development, Council may want to look at improving this street. As part of the approval for the development, the developer should sign a waiver for the future improvement. At the ends of the stubs, the developer will be required to install temporary cul-de-sacs. These cul-de-sacs must be approved by the City Engineer, during review of the final construction drawings. • Wetlands The applicant has provided information which indicates no jurisdictional wetlands exist on the property. A certificate of exemption must be applied for, with a$75.00 filing fee. Storm Sewer The developer has prepared a storm water management plan which indicates the development meets the City's criteria for ponding and discharge rates for the site. The City will be need to work with the School district and land owners downstream to develop a storm water management plan for the entire sub-watershed. Sanitary Sewer/Water The site can be served with sanitary sewer,with a connection to the City's trunk system, located about 180 feet north of the site. An easement would be required from the property owner to the north. It is staff's understanding that this easement will be obtained by the developer, either from the school district, if the district purchases the property, or from the current land owners. The developer's engineer has asked staff to determine sizing and location for a trunk sanitary sewer system through the plat. Staff will work with them, and the developer, to determine oversizing costs, and how the cost for constructing the trunk sanitary sewer will be shared between the City and the developer. The developer will need to work with the Shakopee Public Utility Commission regarding water availability. Recommendation Recommend approval of the preliminary plat for the proposed 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 Trunk Storm Water Charges,Trunk Sanitary Sewer Charges, 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. ., ,•••„...„ -- ......... ,. . ...,....,„ _ . ••••• . ,, , ... •••..:. .."..' ' ._- .--:...::::',•7..f.t--.%:'„I:J:4...- -1- .4,. . . . • 1. .• i . • .• . .. . _ .. _...,••:„....•,,..„.........• _ •;: • •••• • , ........--„ .... . .. .- . . • •7."•,..• -..i 4,4-.1;:::''4.-.-.404,4.14:'1.- 7AR .•••••, _ .'.'- • "c„,:',7:' .-'' -r `'.." 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II 1 .. 1! i I : . 0 H (.___ >I�— — D / u a.fi •1 le ----------‘• _," "„_ » ��' / ILII "'it 1 I i I I ih `N�u+M._N..a"N tea"... \ \‘ ., JI.�G"1 C \ i \ t;i NJI 31u!O./i 31 ` I L _L I I I -z) %..r 4- --1 1 1; PHEASANT RUN • N:' II � � I � W N James R. Hill, inc. PHEASANT PLAT tr.fir, u.311.03000i•311. A,a EST. ruo. amm a to h 4 4DICKERS/a N KW ._ . _.. a1M1•t»/ Men UN . EXHIBIT C I..i " C , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amended Preliminary Plat for Prairie Village and Final Plat for Prairie Village 3rd Addition DATE: June 2, 1998 DISCUSSION Thompson Land Development is requesting approval of an amended Preliminary Plat for Prairie Village and the Final Plat for Prairie Village 3rd Addition. The subject site is located north of Valley View Road and east of Sarazin Street. A copy of the May 21, 1998,Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the amendment to the Preliminary Plat of Prairie Village and the Final Plat of Prairie Village 3rd Addition, subject to conditions. 2. Modify the recommended conditions, and approve the amended Preliminary Plat and the Final Plat of Prairie Village 3rd Addition, subject to the revised conditions. 3. Do not approve the amended Preliminary Plat and the Final Plat of Prairie Village 3rd 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 amended Preliminary Plat for Prairie Village and the Final Plat of Prairie Village 3rd Addition, subject to conditions to the conditions provided by staff In addition,the Planning Commission also recommended that the Preliminary Plat and Final Plat drawings be further revised to illustrate the dedication of right- of-way for Mathias Road to the eastern plat boundary. This would require the dedication of right-of-way within the proposed Outlot A. ACTION REQUESTED Offer and approve Resolution No. 4919 approving the amended Preliminary Plat of Prairie Village and the Final Plat of Prairie Village 3rd Addition with conditions; OR Offer and approve a revised Resolution No. 4919 approving the amended Preliminary Plat of Prairie Village and the Final Plat of Prairie Village 3rd Addition with conditions, as well as the condition recommended by the Planning Commission. 0 ' 4 .‘ to ',el"pOb lie Klima Planner II i:\commdev\cc\1998\cc0602\pfprvlg3.doc RESOLUTION NO.4919 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT OF PRAIRIE VILLAGE AND THE FINAL PLAT FOR PRAIRIE VILLAGE 3RD ADDITION WHEREAS,Thompson Land Development,the applicant, and Elmer and Kathryn Marschall Trust,Harold and Marie Marschall Trust and Raymond Ames, owners of said property, have applied for amended Preliminary Plat approval and Final Plat approval; and WHEREAS,the property for which the request is being made is legally described as attached on Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the amendment to the Preliminary Plat of Prairie Village and the Final Plat for Prairie Village 3rd Addition on May 21, 1998, and has recommended 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. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the amendment to the Preliminary Plat of Prairie Village and the Final Plat for Prairie Village 3rd Addition is hereby approved subject to the following conditions: BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. 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. 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 will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. Three street signs shall be required with this phase of development (3 x$270 = $810.00). f) Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station, if necessary. h) The developer agrees to the reapportionment of assessments by the City Engineer. i) The developer agrees to pay storm water trunk charges and sanitary sewer trunk fees. j) The developer shall provide a temporary drainage and utility easement for Outlot C. k) The developer shall provide drainage easements around the ponding areas, easements along storm sewer pipe as required by City Code, and an access easement for the future maintenance of the ponding areas or agreement(s) with any adjacent property owner(s)where ponding is proposed. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 4. No building permits shall be issued for the Outlots A and B until they have been replatted and combined with other properties so that these areas meet the City's design standards. 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 v CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Preliminary Plat of Prairie Village and the Final Plat for Prairie Village 3rd Addition DATE: May 21, 1998 Site Information: Applicant: Thompson Land Development Location: North of Valley View Road and east of Sarazin Street Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Agricultural Preservation (AG) East: Urban Residential (R-1B) West: PUD#6 Minnesota Valley Health Campus Comp.Plan: 1995: Single Family Residential Area: 70.09 acres in Preliminary Plat 10.947 acres in Final Plat of Prairie Village 3rd Addition MUSA: The site is within the MUSA. Introduction Thompson Land Development is requesting approval of an amended Preliminary Plat for prairie Village and the Final Plat for Prairie Village 3rd Addition. The subject site is located north of Valley View Road and east of Sarazin Street(Please see Exhibit A). Considerations The original Preliminary Plat for Prairie Village was approved by the City Council on July 2, 1996. (Please see Exhibit B). The amended Preliminary Plat (Please see Exhibit C) proposes the creation of two (2) additional lots by utilizing a remnant outlot of the original preliminary plat and adjacent property currently outside of the approved preliminary plat. Staff has indicated the areas proposed for change on Exhibits B and C. The Final Plat for Prairie Village 3rd Addition has been attached as Exhibit D. The original preliminary plat included remnant outlots which are required to be replatted in order to meet the design standards of the Urban Residential (R-1B) zoning district prior to development. The application to amend the Preliminary Plat incorporates one of the remnant outlots with adjacent property owned by Mr. Raymond Ames to create two (2) additional parcels which meet the design standards of the R-1B zone. It is staffs understanding that Outlots A and B of the amended preliminary plat will then be incorporated into the proposed Pheasant Run development. The final plat application for the 3rd Addition then proposes to final plat that portion of the preliminary plat which includes the outlots and adjacent property. The final plat for Prairie Village is in substantial conformance with the submitted amended preliminary plat. At the time the original Preliminary Plat received approval, park dedication fees were required of $700.00 per residential lot. Since that time the City Council has approved a revision to the park dedication fees. Single family residential developments, per the revised ordinance, are required to pay $900.00 per residential unit. The Engineering Department has reviewed the submittal materials and has provided its comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. The Police Department has provided the following comments: • recommend that the City take into consideration the placement of sidewalks for children to ride their bikes on. There are more and more individuals out exercising in one form or another, and we feel sidewalks are a safety issue that should not be forgotten about;and • recommend that street lights are not only located at intersections but also within the blocks themselves. The Scott County Highway Department has commented that the project does not have any direct impact on the County Highway system. However, the County is requesting that a traffic analysis be provided regarding the projected traffic to be generated as a result of this development. Alternatives 1. Recommend to the City Council approval of the amendment to the Preliminary Plat of Prairie Village and the Final Plat of Prairie Village 3rd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the amended Preliminary Plat and the Final Plat of Prairie Village 3rd Addition, subject to the revised conditions. 3. Recommend to the City Council the denial of the amended Preliminary Plat and the Final Plat of Prairie Village 3rd Addition, 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, to recommend to the City Council approval of the Preliminary Plat of Prairie Village and the Final Plat of Prairie Village 3rd Addition, subject to the following conditions: a) 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 will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. Three street signs shall be required with this phase of development (3 x $270 = $810.00). 0 Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station, if necessary. h) The developer agrees to the reapportionment of assessments by the City Engineer. i) The developer agrees to pay storm water trunk charges and sanitary sewer trunk fees. j) The developer shall provide a temporary drainage and utility easement for Outlot C. k) The developer shall provide drainage easements around the ponding areas, easements along storm sewer pipe as required by City Code, and an access easement for the future maintenance of the ponding areas or agreement(s) with any adjacent property owner(s) where ponding is proposed. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. iv) No building permits shall be issued for the Outlots A and B until they have been replatted and combined with other properties so that these areas meet the City's design standards. Action Requested Offer a motion to recommend to the City Council the approval of the amended Preliminary Plat of Prairie Village and the Final Plat for Prairie Village 3rd Addition, subject to conditions and move its approval. P ulie Klima Planner II i:\conundeviboaa-pc\1997\sep18\pfcrsrd2.doc } a' y r t f is f. pmt , '- �. ;.."� t� . 77�� . 1. .�Y ' „ „. -i.L" . •. -EXHIBIT-k- . 3 .�ii,i.,�j•' n:. �N• '�,r4a, 1:..3 .. t .hrS�'s"< �.'- . �1?' TY.Y �.t". r _ f.,/. +..n iyy".yam.t".� ti eN. T"; F �i4G z r .-. / • . . - • mm� - .' .., i F' ' • • • RR • _ RR ' :AG' - ��', - v .• Ii i, aa 7R P .. ® RR F . . AG - -. k CI= NIL 42 0 DOWD , . � LEGEND -.AG .r , •.• :RR - RR Z Underlying Zones -LAKE _ .: • I AG I Agriculture 1 r----i Rural Residential IR1AI Low Density Residential ��.- • ��- - •-• _ E� Urban Residential RR - RR..• I !RIC( Old Shakopee Residential _ R2 .., ential i I ( Medium Densit Resid. 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DATE: June 2, 1998 Discussion Mr. Steven Muhlenhardt, along with Stransky and Associates, Inc., are requesting Final Plat approval of Horizon Heights 5th Addition. The subject site is located east of Crest Avenue (old CSAH 18) and south of CR 16, near the southeast border with Savage and Prior Lake. This item was previously presented for City Council consideration at the April 21st meeting. The applicant requested this matter to be tabled until selected issues and conditions were clarified. You may recall that one major issue involved a request by the City of Savage for 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. The other involved the City requiring the developers to provide(if necessary) noise mitigation measures for the plat. These items should be discussed by the Council for further consideration. Since the Planning Commission and initial City Council meeting, the developer has resolved or met a few of the conditions of approval, and the attached resolution has been amended to reflect these changes. 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. 4921, a Resolution Approving the Final Plat of Horizon Heights 5th Addition, subject to conditions, and move its approval. i:\cominclev\c61998\cc0421\fp-hh5th.doc RESOLUTION NO. 4921 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 1HE 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) 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. d) 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 EXHIBIT A ill..111k111134 Iffill. P4,1 ::', : • • . . . .'_ /. . i r -,. ._, . . / 4. . , . - `� fir; !�► , :._ . 0,24. .. -____ . APAItL,:,:„ I _:. Ii. Te* -41.4 .\'.,: ., ^.F • : , 'Ai4 4 ; ,. 41.. I 1 . .:.-i - •`� � {1 0 I1 , Ye* 4t1 '7 4/41.011P4 _ :-.-- - _ \, - I:._ ,,, !; 0,_ATAv416.4 II. . '„ RR I. AG ET AG AGRiCULTURE RR \ 4 , , i —1-7-1 RR RUR.=.L R_S!D_NTIAL csxO R1A LO : DENSITY RESIDENTIA_ lift O R18 URBAN R.ESIDENTIALRR RIC OLD SHAKOPEE FESIDE.NT=. _ I 1 R2 MEDIUM DENSITY RESIDENT.-_ I R3 MULTIPLE FAMILY RESIDENT.=.L FT 91 H;GHWAY BUSINESS 82 OFFICE BUSINESS vogaiii t Ay" » .iii . —1 83 CENTRAL BUSINESS ` SUBJECT SITE , Ii _. • n11 LIGHT INDUSTRIAL RR AG I 1 12 HEAVY INDUSTRIAL O MR MAJOR RECREATION 2) / \ . 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L_,_?_45__z__ : __ .. , .1 1 111-f- l' /.44 i 1 037.trA / g - Fr.f cis g 'Ibst--1 r,,"•6;.," , Uri I 1 /:- r. • 8 i N X ' "I I ...., 11A 6911 I -•:, :.• / I 4.11 to.4k,• AP / * ea .43,e ,AP' •' .4.. - • 0 \ -..F. ..4.44 ..../ L , 51C '±i L 143.61 i_i L12L00__/,,1 i 263.00 : 260.00 ..,, Li >..---c) 1..1.. 928.00 0 N, _.-„ ••Eas1 fine of NE 1/1 of S.C.21 2582.47 2632.47 0 9. ---S 0'02'05" E Jun-02-98 11:46am From-KENNEDY 1 GRAVEN 6123379310 T-933 P.02/05 F-193 Kennedy Pdbbury Center '42 Ken nedy 200 South sixth street Minneapolis MN 55402 —'"((� (612)337-9300 telephone `„1 raven (612) 3377.93310 fax C n n R T E R E 0 o-mail-a"1"=�nnedy-giaven.c orn JAMES J. THOMSON Annoy at Lew Direct Dial(612)337.4209 lune 2, 1998 Mr. R. Michael Leek Community Development Director City of Shakopee 129 Holmes Street South Shakopee MN 55379-1351 RE: Noise Mitigation Issues Dear Michael: You have inquired as to whether the City may, as part of its subdivision review process, require a developer to provide noise mitigation measures. The answer to your question is that the City may, but is not required to, impose such a requirement. if the City chooses to impose such a requirement,whether it is reasonable to do so will depend on the facts and circumstances of each subdivision. The primary situation in which this issue arises relates to subdivisions that abut heavily travelled roads. in order for you to understand the scope of the City's authority in this situation, I thought it would be helpful if I provided you with my analysis on this issue and summarize the recent changes in the applicable state taw. PCA Noise Standards Minnesota Statutes, Section 116.07, subdivision 2 authorizes PCA to adopt standards "describing the maximum levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere." PCA has adopted such standards and they are contained in Minnesota Rules, Chapter 7030. Section 7030.0030 provides that no person may violate the noise standards"unless exempted by Minnesota Statutes, Section 116.07, subdivision 2a." Section 7030.0030 also provides that a municipality "shall take all reasonable measures ... to prevent the establishment of land use activities ... in any location where the [noise] standards ... will be violated immediately upon establishment of the land use." JJT1aii4+ .,n15° '1 Jun-02-98 11:46am From-KENNEDY & GRAVEN 6123319310 T-933 P.03/05 F-193 Mr. R. Michael Leek lune 2, 1998 Page 2 Minnesota Environmental Rit hjs Act The Minnesota Environmental Rights Act (MERA) is codified in Minnesota Statutes, Chapter 1168. Section 1168.03,Subdivision 1 allows individuals to bring an action to prevent "pollution, impairment, or destruction" of the environment. Section 1168.04 establishes the burden of proof for a MERA violation. Section 1168.04 states that a plaintiff can show that MERA is violated by: (1) proving that the defendant's conduct has caused or is likely to cause pollution, impairment, or destruction of the environment; or (2) proving that the defendant's conduct violated or is likely to violate an environmental quality standard, rule, or order. If the first type of violation is the issue, the defendant can rebut the alleged MERA violation by showing that there is "no feasible and prudent alternative" to the proposed conduct and by showing that the proposed conduct is consistent with, and is reasonably required for the promotion of, the public health, safety and welfare. Prior to 1994, it was unclear whether this defense was also available for the second type of a MERA violation. In McQuire v. County of Scott, 525 N.W.2d 583 (Minn. App. 1994) the plaintiffs sued under MERA challenging Scott County's proposed project to realign and construct Highway 18 in Shakopee and Prior Lake. The plaintiffs alleged the second type of MERA violation, i.e. the violation of PCA nighttime noise regulations. The county admitted that the noise levels from the current roadway violated PCA's nighttime noise standards and that the noise levels would increase after completion of the project. The county argued, however, that there was no feasible and prudent alternative and therefore tfe•sib a and prudent altethe rnatilve' defense guage in Section 116B.04, the Court of Appeals held that the "no was not available to the county, because the county's conduct involved violation of an environmental quality standard, rule, or order. The court held that the only defense available to the county was to show that the project did not violate the PCA regulations. 1995 and 1997 Legislation In response to the McQuire decision, the counties requested the legislature to amend the state law regarding PCA noise regulations. In 1995, the legislature amended Minnesota Statute, Section 116.07, Subdivision 2a by stating that the noise standards did not apply to a newly constructed segment of a highway if MnDOT and PCA concluded that all reasonably available noise mitigation measures were incorporated in the highway project. The effect of this amendment was to allow governmental entities to obtain a variance from the noise standards for highway projects. Based on this new statutory language, Scott County received a variance from MnDOT and PCA for the County Road 18 project. JJT14i243 Lh1SS-2; - Jun-02-98 11:46am From—KENNEDY & GRAVEN 6123379310 T-933 P.04/05 F-193 Mr. R. Michael Leek June 2, 1998 Page 3 In 1997, the counties again sought legislative relief from the PCA noise regulations as they applied to road projects. The counties were successful in convincing the legislature to amend Section 116.07,Subdivision 2a. This time an entirely new exemption was added. The exemption states that, except in Minneapolis and St. Paul, PCA noise regulations do not apply to "an existing or newly constructed segment of a road, street or highway under the jurisdiction of a road authority of a town, statutory or home rule charter city, or county, except for roadways for which full control of access has been acquired." This amendment grants both cities and counties an automatic exemption for all non-freeway roads; there is no need to apply to MnDOT or PCA for a variance. The legislative amendments in 1995 and 1997 did not address the PCA noise regulations themselves. An obvious inconsistency exists between Section 7030.0030 and the 199'7 amendment to Section 116.07, subdivision 2a. Under the current statute, a governmental entity can construct a roadway even though the roadway will exceed PCA's nighttime noise levels for residential developments. In situations where the road abuts undeveloped residentially-zoned property, the generator of the noise, i.e. the governmental entity responsible for the road project, does not need to install any noise mitigation measures. If a developer, however, later develops that property,the question is whether a municipality,pursuant to Section 7030.0030,must require the developer to install reasonable noise mitigation measures. Such a requirement has the effect of requiring the recipient of the noise, i.e. the developer, to install noise mitigation measures for a project that was exempt from the noise standards. Conclusion Because of the inconsistency in the legislative framework, it is unclear whether a municipality must require a developer to install reasonable noise mitigation measures for a project that was exempt from PCA noise standards. In my opinion, a municipality is not required to do so. That does not mean, however, that the City has no authority over noise mitigation. Minnesota Statutes, Section 462.358 gives municipalities broad authority over the subdivision review process. Subdivision 2a of that section states that the subdivision regulations may"without limitation" regulate streets, roads, and air quality. Based on Section 462.358, it is my opinion that the City has the authority to require a developer to install reasonable noise mitigation measures. Such authority should, however, be included as part of the City's subdivision regulations. What is "reasonable" will depend on the facts and circumstances of each case. An argument could be made that it would never be reasonable for the City to require a developer to provide noise mitigation if the road project that generates the noise is exempt from the noise standards. I believe, however, that such an argument is too broad. A situation could arise where it would make sense to require noise can lmitigation athe noise residential from the roadt 1f On �the fic generated by the development signif y increases contrary, for a small subdivision the Ciry might conclude that noise mitigation measures are not J31'144242 Jun-02-98 11:47am From-KENNEDY d GRAVEN 6123379310 T-933 P:05/05 F-193 Mr. R. Michael Leek June 2, 1998 Page 4 warranted because traffic from the development is insignificant or because the mitigation measures are cost prohibitive. 1 should also point out that the City itself has no obligation to either install or pay for the installation of noise mitigation measures as pan of the subdivision review process. This is especially true as it relates to noise generated by a road project that is exempt from the noise regulations. I hope that this addresses your questions. Please feel free to contact me as individual cases arise. Sincerely, lirThomson JJT:crn cc: Bruce Loney Tim Benetti »zl,�z�•, $H15S-21 CITY OF SHAKOPEE Memorandum .CONSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: May 29, 1998 Subject: 1998-99 Police Liaison and Educational Services Agreement Introduction: The Police Department is seeking approval of the 1998-99 Police Liaison and Educational Services Agreement between Independent School District 720 and the City of Shakopee. Background: State Statute allows school districts to levy a one dollar and fifty cents ($1.50)tax for every resident of the school district for the purposes of funding drug education programs within the district. This levy is commonly referred to as the D.A.R.E. tax. Independent School District 720 elected to levy the D.A.R.E. tax a number of years ago. For the past two school years the District and Department have used the funds to subsidize many of the programs the Department conducts in the schools. D.A.R.E.(Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education And Training), Officer Friendly, Halloween Safety, and bike safety are examples of programs we plan to provide in the schools during the 1998-99 school year. These programs coupled with numerous hours of liaison activity should have a direct positive impact on our youth and their relationship with the police. Council approved a similar agreement for 1997-98 at the Council meeting on May 5, 1998. Budget Impact: The agreement identifies $25,000 as the amount the School District determined as available to pay the City for services during the 1998-99 school year. This is nearly a $10,000 increase over the amount paid for the same services delivered in the 1997-98 school year. It is anticipated this amount will grow proportionately as the City and District population increase. The District is not requesting additional services from the Police Department for the term of this agreement. Action Requested: If Council concurs, they should, pass a motion authorizing the appropriate City officials to enter into the Police Liaison and Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 1998-99 school year. Dan Hughes Chief of Police Police Liaison and Educational Services Agreement Independent School District 720 and the City of Shakopee This Agreement is made and entered into the day and year set forth below,by and between Independent School District No.720(hereinafter"School District:")and the City of Shakopee(hereinafter"City"). The parties enter into this Agreement pursuant to Minnesota Statute 124.912,subd.6. For purposes of this agreement,the School District's participating elementary schools are,Pearson,Sweeney and Central. For purposes of this agreement,the School District's participating secondary schools are the Shakopee Junior High and the Shakopee Senior High. The parties hereto agree as follows: 1. The City agrees to provide a state certified police officer,certified as a D.A.R.E.instructor,to instruct the D.A.R.E. (Drug Abuse Resistance Education)program in the School District's elementary schools. 2. The City agrees to provide a state certified police officer in each of the School District's elementary schools for the purposes of educational programming(i.e.: Officer Friendly, Halloween safety,bicycle safety). 3. The City agrees to provide a state certified police officer in the School District's secondary schools for educational programming(i.e: personal safety training,D.A.R.E.follow-up, G.RE.A.T.,guest lectures). 4. The City agrees to provide a state certified police officer in each of the School District's secondary schools for an average of 10 hours per week when school is in session for the purpose of police liaison activities designed to develop a cooperative approach between the City, School District,students,parents,and other community resources to address needs of students and the community. These police liaison services shall include,but not be limited to,prevention of delinquency,protection of life and property,and law enforcement. The City also agrees to have an officer available to the District's elementary schools on an"on call"basis. 5. The parties agree that the police officers assigned to provide educational and police liaison services in the schools are employees of the City and its Police Department. The officers shall operate under the administration and supervision of the police department,but will work in cooperation with school administrators to achieve mutually agreed goals for the police department,school and students. 6. The School District shall pay the City the amount of$25,000.for the services included in this Agreement. The payment shall be made upon receipt of an invoice from the City. 7. This Agreement is effective for the 1998-99 school year. This Agreement dated this day of 1998. Board Chair,Kathy Busch Mayor,Jon Brekke Superintendent,Robert Ostlund City Administrator,Mark McNeill Police Chief,Dan Hughes City Clerk,Judy Cox /s/}. , CITY OF SHAKOPEE MEMORANDUM TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of PoliceI� '✓ SUBJECT: Purchase/Installation of Voice Mail DATE: May 20, 1998 INTRODUCTION The Council is asked to approve the purchase of voice mail for the Shakopee Police Department . BACKGROUND Phone calls and messages are received 24 hours a day, 7 days a week. Many of these messages are not received after the standard work day. Our office is staffed from 7 :30 AM until 5 : 00 PM Monday thru Friday. When staff is not present, calls on line 445-6666 are forwarded to the Scott County Dispatch Center. Due to the load of emergency calls, they take messages for on duty staff only. They are unable to take routine messages such as someone calling for a particular detective or a request for an accident report . Also, when our line, 6666, is engaged, the calls then come in to the police department only and are not answered unless an officer happens to be in the building. As we transition to Community Oriented Policing, more and more calls will be coming in to individual officers . Over the past several weeks, staff at the department researched the various options available for voice mail. They are : 1. MCLEOD USA: This would be a hook-up to the City Hall phone system for an installation fee of $1600 . 00 and a monthly charge of $165 . 00 . There would be no after hours messaging or access . Another McLeod proposal would be for a whole new phone system and the initial cost would be $11, 500 . 00 . 2 . VOICE NETWORKS : The cost on this system seems at first to be relatively low with an installation fee of $489 . 00 and a monthly fee of $291. 30, however that adds up to an annual fee of $3495 . 60 . This system would use our current phones and there would be separate numbers for each mailbox. There would also be after hours menu and messaging. PAGE 2 3 . C & D COMMUNICATIONS : The cost of this system is $4395 . 00, which includes parts and labor plus $248 . 04 tax for a grand total of $4643 . 04 . We would not have to replace our current equipment . The system would be totally contained within the police department. It would not be connected to City Hall or any other city buildings . The system has 4 ports (4 accesses at once) and up to 100 mailboxes . There is no monthly fee. Additional features at no extra charge include the ability to transfer voice mail to activate pagers and the broadcast feature. Our line five can also be designated as a direct line into the voice mail system. The 1998 Police Department budget included an amount of $7500 to replace the existing carpeting in the police facility. Staff recommends that this appropriation be allocated for the voice mail system. RECOMMENDATION After review of our options, staff recommends option number 3 . ACTION REQUESTED If the Council concurs, it should by motion, approve the department' s recommendation for the installation of voice mail by C & D Communications not to exceed $4643 . 04 to be paid for with funds previously allocated for carpeting. Dan Hughes Chief of Polic ri CITY OF SHAKOPEE ' Memorandum CONSENT. To: Honorable Mayor, City Council Mark McNeill, City Administrator "pc4, From: Dan Hughes, Chief of Police Date: May 29, 1998 Subject: Concept Approval for Grant Application Introduction: The Police Department is seeking concept approval to make application for a COPS MORE '98 grant. Background: The COPS MORE '98 grant is a federally funded program designed to help police departments become more efficient by providing funding for technology, equipment and civilian personnel that will allow police officers to spend more time engaged in community policing activities by redeployment. The Police Department is working in partnership with Scott County in the development of their Computer Aided Dispatch(CAD) and the county wide law enforcement records keeping system,New World Systems (NWS). We have dedicated numerous hours and dollars toward the success of both projects. It has been determined during the past 24 months of development that some of our problems associated with the projects are directed related to our existing computer hardware and software. These factors coupled with the fact that our system has been"home built" often times a piece at a time creates some expensive roadblocks to our full participation with the two projects. The proposed grant application includes hardware, software, computers, and consulting fees to essentially rebuild our system from the ground and allow unrestricted accessibility to the new systems. The civilianization of law enforcement agencies is a key component to any community policing strategy. The grant application includes the hiring of two community service officers (CSO). The positions could be full time positions or three CSOs could be hired on a 20 to 30 hours per week basis. The officers would be non-sworn members of the police department and respond to calls which do not need a sworn officer response. They would be instrumental in handling many of the administrative duties associated with the police officer function. For example; court and prosecution deliveries, squad maintenance, evidence room, evidence deliveries to the BCA, code enforcement are just a few examples of duties presently required by the police officers. All the described functions would support the police officers in spending more hours engaged in community policing activities. Budget Impact: This grant requires 25% local matching funds. If, for example, the total dollar value of the awarded grant was $100,000 the City would be responsible for$25,000 of the total. The information provided in the COPS MORE '98 grant application booklet implies that awards for the civilian positions may be renewed for up to two additional years after the initial grant period pending future congressional appropriations. If this money is not appropriated the City would need to address the civilian positions during budget development. If awarded a grant we would not begin receiving funds until the last month of 1998 at the earliest according to a grant service representative in Washington D.C.. This scenario will allow for the local matching dollars to be budgeted for in 1999. Action Requested: If Council concurs, they should, pass a motion supporting the concept of making application for a COPS MORE '98 grant. 41^—' Dan Hughes Police Chief �s �• y, CITY OF SHAKOPEE CONSENT Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police,/>2.t Date: May 28, 1998 Subject: Concept Approval for Grant Application Introduction: The Police Department is seeking concept approval to make joint application with Independent School District 720 for a COPS School Based Partnership Grant. Background: The COPS School Based Partnership Grant Program emphasizes problem analysis, which will help develop effective, tailored responses to a problem, including prevention and intervention efforts. The grant requires a collaborative effort between the School District and the Police Department. The grant will be effective for 12 consecutive months. District and Department staff discussed a range of potential problems identified by the grant application and clearly understand the School Board and City Council must support the focus of the grant prior to accepting any awarded funds. The District and the Department will focus on assaultive behavior in our schools. The preliminary objectives are the evaluation of need for more police presence in the schools and identification of effective methods for reducing assaultive behavior and it's impact on the environment in which our children become educated. Both partners have expectations of student and parent stakeholders as active participants in the grant function.. One of the main building blocks of successful community policing initiatives is the forming of partnerships. This collaborative grant application would be a significant partnership between the School District and the Police Department and a cornerstone to a successful community policing effort. Most importantly, the grant will fund a proactive approach to helping the community's most valuable asset, our children. Budget Impact: The COPS School Based Partnership Grant Program does not require local matching funds. Therefore, there is no direct impact on the Police Department budget. In fact, one of the requirements is very exciting. The grant mandates each agency budget in the application for three people to attend the National COPS Conference. There is no cap on the amount of funds that may be requested under this grant program. Preliminary discussions between staff of both organizations identified a range of$50,000 to $100,000 be requested in the application. Action Requested: If Council concurs, they should, pass a motion supporting the concept of making application for a COPS School Based Partnership Grant and authorize the appropriate City officials to enter into a Collaboration Agreement with Independent School District 720 for the purposes of making application for the grant. 4, Dan Hughes Police Chief /s 8. i # CITY OF SHAKOPEE Memorandum r To: Mayor and City Council CONSENT Mark McNeill, City Administrator t From: Mark McQuillan,Parks and Recreation Director Subject: Appointment to Recreation Supervisor I Position Date: May 28, 1998 INTRODUCTION The City Council is being asked to approve the appointment of Tanury Abrahamson to the position of Recreation Supervisor I. BACKGROUND At its March 2, 1998 meeting,the City Council authorized creation of a Recreation Supervisor I position. Council instructed staff to utilize the services of Scott County Personnel in posting the position and processing qualified candidates. Scott County Personnel certified 11 candidates from 50 applicants for the City to consider. Six finalists were selected and interviewed by a panel consisting of the City Administrator, Parks and Recreation Director and Recreation Supervisor II. Tammy Abrahamson was selected as the best qualified candidate. Tammy has held recreation positions with City of Brooklyn Park, Midway YMCA, Prairie Island Community Center and, most recently, Hennepin Parks. Ms. Abrahamson's has been offered the position, and has agreed to a starting salary of$14.32 per hour which equates to $29,780.00 per year. ALTERNATIVES 1. Appoint Ms. Abrahamson to the position of Recreation Supervisor 1. 2. Re-advertise the position. 3. Do not fill the position. RECOMMENDATION Alternative#1. ACTION REQUESTED Move to approve the appointment of Tammy Abrahamson to the position of Recreation Supervisor I effective June 8, 1998 at Step 1 of Pay Grade I contingent on a successful completion of a pre-employment physical and background check. .2..."... 974 t& - . / Mark McQuillan Parks and Recreation Director L.5": C• / CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat of Maple Trails Estates DATE: June 2, 1998 INTRODUCTION The City has received a request from Harland Hohenstein to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of an additional 12 months in which to final plat the remaining portion of this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached as Exhibit A is a letter from Harland Hohenstein. Please find attached as Exhibit B a portion of the zoning map indicating the location of Maple Trails Estates. Resolution No. 3620, the resolution approving the Preliminary Plat for Maple Trails, has been attached as Exhibit C. BACKGROUND On July 21, 1992, the City Council approved the Preliminary Plat for Maple Trails Estates, and the Final Plat for the first addition was approved on September 15, 1992. The City Council has previously approved 12 month Preliminary Plat extensions for this subdivision on February 1, 1994; June 20, 1995; June 4, 1996; and July 15, 1997. City Code Section 12.03, Subd. 3.G states the following: 'Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period" .. .x P.r In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of a new Preliminary Plat for Maple Trails Estates by the City at this time. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months, and move its approval. thi-45 lie Klima Planner II i:\commdev\c61998\cc0602\exmpltr.doc EXHIBIT A _. IRECIEuwitED MAY 2.0 1998 May 19, 1998 Ms. Julie Klima Shakopee Planner 129 Holmes Street S Shakopee, MN 55379 Dear Ms. Klima: We recently met with the Shakopee Planning Commission to discuss a variance on cul- de-sac length for Maple Trails Estates. The commission seemed in agreement until James Sorenson gave some rebuttal to our proposal. This seems wrong that he can bring this up now as we negotiated with him for 6 months to get preliminary plat approval. Everything was fine at that time. Jim Allen and Dave Brown are purchasing the land from me and they need to proceed as soon as possible. The extension expires in June 1998, so I need to request a 12 month extension so we can resolve this latest obstacle. Thank you for your cooperation. Sincerely,-- -- Harland Hohenstein 2693 Marschall Road Shakopee, MN 55379 Zx �� 2 " .o'Y. � i'-%'...'--„,....-.7.11�t •.A",R-"€t ti' tr' ��.. t `.,y� 9 �. ,‘-:z j.! f -c 44-'77,..7t4,7_ aR.'d.�6. + c. z � � .;� •..a v" °, ',,"" 41 x a ey) .-, - A..',z- f .rtf^. ,moi rlett:. .. r4'(p^.:'1.+ . 2,- a a. aF ''.M' ft "% t 3- + .� • e-w,.r,"-4`:N ie _ j s•, fi a t 4, ' g 41, :1144.-,=;,--1-1 3 '-j.•';'-',.,:,4-:.-.-4,-=,'L;,.4:;,'1-..-,, Y` 5 „s"1, Zi-.4,.,-±,2,^ > , 4 INC-"...4.241,,t,'�� K' !'+.' 4 vaet. '''444 },K- . . 3 �A. v v , '; ;1""I,y x �< wi .:a ws�' a ¢sal t". a'.7.1.:'`: ',: =0-,,,3 ` .4 +�. ]3 :a x r� -. :,Y .t+"4^ iS" #a 1. Ky a 7 ,a 7- t# a#, fF'..A..i;< Jt t z,,, a. -.' ,q !"+ .. + '.`-'74-',."--.1.-t:7:.;,;.. a Iry a °� •Ci;.+d it s?.-K`xt R• -'�_.u: ---._,r, -rrw�• �, r, t.1, ". y '--tfns- ,� • _ s:4'; " ., o 1 x.Y� > t A�'r•` Y ,• fa'. +n�$ n..4.. 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CUBA Ba 4B n •• I:AKE rr. �� _ R � $\ �` . ',-4 in. r y .�. ,:A 7 7 0 EXHIBIT C RESOLUTION NO. 3620 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF MAPLE TRAILS ESTATES. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Maple Trails Estates on July 9, 1992, and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Maple Trails Estates, described as: The South Half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 115, Range 22 , and The West 20 rods of the Northwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22 , and The North one-half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 15, Range 22 , and Northeast Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, together with that part of the Northwest Quarter of the Southwest Quarter of said Section 20, lying East of the West 20.0 rods of said Northwest Quarter of the Southwest Quarter is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. AC 411 411 d. Local streets and street signs within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250.00 each per sign pole. f. Cash payment in lieu of park dedication shall be required. 3 . Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 4. A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2650 feet and 280 feet) is granted to allow the construction of the proposed cul-de-sac streets in Phase 1. The applicant shall not construct other streets in the subdivision until the land to the east, north, or south of the plat is developed and the street connections can be made between the two developments. The applicant shall dedicate and construct Wood Duck Court prior to the release of building permits to provide adequate access to the private easement north of Lot 1, Block 6 . 5. Prior to the approval of the final plat, the applicant must submit a Stormwater Management Plan to the City Engineer for review and approval. 6. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 7. The final plat must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. 8. An access permit will be required from the Scott County Highway Department prior to approval of the final plat by the City Council. i 9. Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 10. The private easement along Outlot A and Lot 2 of Block 8 be vacated with Phase 1. The 300 foot easement between Wood Duck Court and the 10 acre exception parcel must be vacated with Phase 3 . The private easements shall be vacated after the streets in each phase are completed and accepted by the City. III III ,, ` „T 11. Development on Lot 1, Block 8 is limited to 80 Average Daily --- Traffic Traffic (ADT) . A traffic analysis including daily and weekly peak volumes must be approved by the City Engineer prior to any development on this lot. Yr , 12. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed with each phase. Adequate rights-of-way or easements for the turnarounds must also be dedicated with the final plat. 13 . Prior to the recording of any final plats the developer shall verity that information required by Northern States Power Co. for construction of septic systems has been submitted. 14. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 15. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 16. The two access streets on the east and west sides of the 10 acre exception parcel shall be located so as to provide access to the northwest corner (on the west) and the approximate center of the east boundary of the exception parcel. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in regular session of the Cit Counc' of the City of Shakopee, Minnesota, held this A/Tday of , 1992 . MaYOA7iCity of Shakopee CI) • 1 � Attest • . i(,1 V / City Clerk Approved - to form: 4110.<1--Q ��^ ��' City Attorney .0 /+'• 1/��/ „ .076s, .. �h 6♦ •yL tv `, ir ,... ,.... , ,, \„. -- trolaill, il 1(A ..,, A r „____....„ i/ .... 1... . vo!.t..1, r‘ t / 1 %,)..I frr,- \ • ai:5 A ( 6.11%.Pr- nip .,r of \, r.a i 1 �,, ` i �i - , - ti ,/v rp=- ,7 ► _0 x-,,,,,,,,,# \ S(6,t 'I i , % �, 1 V ,,....!,...0,,,,,,:ii §0 , ,,,m. , , 6...... ,1 Ky/.." ....7z...... 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J1.6K7: 4 1 . \4' . • ‘.4 tlik.P 1 , 51C3 4 • Ale c jib..—i % 1Nittfiq`-- O gy• p_ i� �. • /� _/� 1'.1/ 0 (b wilir 3, p iltt //.rill • 1 A „.....www... Mill ii lati In V _�1 � •�rt:'�_7c:t•i��—•,s��� �i..if,1,4101-0 Mf •- II 7m'� s;n1�1 �` v0j k IIIIIIIIIWtEM "P __ —"i t 92.66- I �_ - /' \\ V I ' 71pfL M7..• OYNN-M- I ••s•7MYL NNW J/7 -I ,, 1 r /sc.1 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Robert R. Schilz Appeal of BOAA's Decision Regarding A Variance to the Front Yard Setback in the B-1 (Highway Business) Zone MEETING DATE: June 2, 1998 ITEM NO.: Introduction: At its May 19'1998 meeting the Council directed staff to prepare a resolution reversing the decision of the Board of Appeals and Adjustments and granting the requested 7.5 foot front yard setback variance. The attached resolution has been prepared in response to that action. Actions Requested: The Council is asked to offer and pass Res.No. 4922, A Resolution Overturning the Decision of the Board of Appeals and Adjustments and Granting a 7.5 Foot Variance to Permit A Front Yard Setback of 22.5 Feet Instead of the Required 30 Feet for Robert Schilz Jr. d / R. Michael Leek Community Development Director RESOLUTION NO. 4922 A RESOLUTION TO THE CITY OF SHAKOPEE, MINNESOTA, OVERTURNING THE DECISION OF THE BOARD OF APPEALS AND ADJUSTMENTS AND GRANTING A 7.5 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 22.5 FEET INSTEAD OF THE REQUIRED 30 FEET FOR ROBERT SCHILZ JR WHEREAS,the Robert Schilz Jr. filed an application received April 1, 1998 for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.36, Subd. 5, Design Standards for a 7.5 foot variance from the 30 foot front yard setback for the B-1 (Highway Business)Zone; and WHEREAS, the subject parcel of land is presently zoned B-1 (Highway Business) zone; and WHEREAS,the subject parcel of land for which the request is being made is legally described as: Lot 2, 3 and the west 20 feet of Lot 4, Block 17, East Shakopee Plat, Scott County, Minnesota; and WHEREAS, notice was provided and on May 7, 1998, the Board of Adjustments and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals; and WHEREAS,the City Council reviewed the appeal of the applicant at it's meeting of May 19, 1998; and WHEREAS,the City Council's reached the following findings with respect to the requested variance and applicable ordinance criteria; Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A.; The ordinance provisions, as applied to the subject property, would cause undue hardship in that the applicant would have no access to an area from which to conduct the administrative affairs of the existing business, Schilz Ornamental Iron. The ability to manage the business on-site is inherent to the continued reasonable use of the property, and the inability to do so would make it practically difficult for the applicant to successfully operate the existing business. Criterion 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B.; The plight of the landowner is due to circumstances unique to the property. The property is located on Bluff Avenue in an older, developed part of the City of Shakopee. Many of the adjacent and nearby properties were developed with lesser setbacks than the subject property. The property is configured in a manner that renders any other location for the proposed office addition practically difficult or impossible. Criterion 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 1.C. The circumstances were not created by the landowner; Finding I.C. The circumstances are a result of landowner's choice for the location of the office. The proposed expansion intensifies the problems associated with a lack of space for parking 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding I.D. The variance would not alter the essential character of the neighborhood The neighborhood is an older developed one that has a number of properties developed with lesser setbacks than that proposed by the variance request. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems extend beyond economic considerations, and relate to the nature of surrounding properties, limitations on the site for placement of the proposed office because of the current configuration of the site. Criterion 2. It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2. The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that it would preserve reasonable setbacks on the subject site, and would allow reasonable use of the site. Criterion 3. The request is not for a use variance. Finding 3: A variance to the front yard setbacks is not a use variance. Criterion 4. Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4: No conditions are proposed Criterion 5. Variances in the flood plain overlay zone also shall meet the following criteria: Finding 5: (Not applicable since the front of the property is not within the flood plain overlay zone) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the decision of the Board of Adjustments and Appeals is hereby overturned, and the applicant's request for a 7.5 foot variance to permit a front yard setback of 22.5 feet instead of the required 30 feet in the B-1 (Highway Business) zone is hereby granted. 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 �s, c3• CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Cletus J. Link Construction for Release of a Developers Agreement for South Parkview 14 Addition MEETING DATE: June 2, 1998 ITEM NO.: Introduction: • Cletus J. Link Construction has requested release of the Developer's Agreement for South Parkview 14 Addition. Discussion: The final plat of South Parkview 14 Addition was approved by Resolution No. 2389 on March 19, 1985. A condition of the final plat approval was as follows: 11. A planting easement will be provided on Lots 1-9,Block 1, where these lots abut CR 15. The sense of condition 11 was carried forward into the Developer's Agreement with the following condition No. X.(G): "Installation of evergreens to serve as a planting buffer abutting CR-15 every 30 feet with a minimum of two evergreens per lot." The petitioner has apparently been informed that planting the required trees is not permissible in the CR 15 right-of-way. Because of that petitioner apparently believes that relief should be available from condition X.(G)and the Developer's Agreement released. Staff has concluded that the Developer's Agreement does not specify the location for the required trees. The resolution of approval seems to contemplate that the planting would take place on the lots. For these reasons staff has concluded that it does not have the authority at this time to release the Developer's Agreement, and petitioner has asked to address the Council on this issue. Alternatives: 1. Grant petitioners request for release of the Developer's Agreement for South Parkview 14 Addition. 2. Do not grant petitioners request for release of the Developer's Agreement for South Parkview 14 Addition. 3. Table the matter for further information. Actions Requested: Offer and approve a motion consistent with the Council's direction to staff relative to the petitioner's request. i R. Michael Leek Community Development Director RESOLUTION NO. 2389 A Resolution Approving the Final Plat of South Parkview 1st Addition WHEREAS , the Planning Commission of the City of Shakopee did approve the Final Plat of South Parkview 1st Addition on March 14 , 1985 and has recommended its adoption ; and WHEREAS , all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS , the City Council has been fully advised in ail things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of South Parkview 1st Addition, described as follows: The Northeast Quarter of the Southeast Quarter of Section 11, Township 115 , Range 23 , Scott County, Minnesota , excepting therefrom: That part whereof contained in the plat of Jackson View Addn. , Scott County, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State ; be, and the same hereby is approved and adopted with the requirements that : 1. Approval of a Title Opinion by the City Attorney. 2 . Outlot E shall be dedicated ( park dedication) for use as a retention basin. 3 . Execution of a Developers Agreement for the construction of the required improvements: a. A sidewalk to be constructed along the north side of 13th Avenue when Phases II and III are constructed , in accordance with the Design Criteria and Standard Specifications adopted by the City of Shakopee. b. Street lighting to be installed in accordance with the requirements of the SPUC Utilities Manager. c. Water system to be installed in accordance with the requirements of the SPUC Utilities Manager. d. Sanitary sewer and storm water system be installed in accordance with the requirements of the City Engineer. e. Street improvements be made in accordance with the requirements of the City Engineer . Phase I construction of roadways must end in temporary hammerhead turn-arounds which must be replaced with a temporary cul-de-sac if the balance of the road construction is not completed within one year. f. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 4 . The City Engineer must receive and approve revised final plans and specifications for all public facilities including , but not limited to, roads, sanitary sewer system , storm sewer and the receipt of the overlot grading plan. 5 . Approval by the Planning Commission of a variance for Quincy Circle to exceed the maximum cul-de-sac length of 500 feet by 82 feet for the reason that a design change of 13th Avenue was required by the City and County Engineers which necessitated a change in the design of Quincy Circle. 6 . Outlots A, B, C and D comprise Phases II and III and must be replatted prior to any development. 7 . The developer shall provide all street signs. 8. The developer shall submit to the County Engineer constuction plans for access to CSAR 15 and obtain a permit when Phases II and III are developed. 9. Funding for the oversizing of 13th Avenue will be provided by the City of Shakopee. 10 . There shall be a one to ten ratio for duplex development as agreed to by the developer. 11. A planting easement will be provided on lots 1-9 , Block 1, where these lots abut CR 15 . 12. When Outlots A,B, C, and D are replatted the developer must determine what portion of the lift station is attributed to other development. 13 . The developer shall grant to the City of Shakopee right of entry easements for hammerhead turnarounds for Outlots A, B, C; Lot 3 Block 3 and Lot 5 , Block 2. 14 . Lots 3 and 4 , Block 3 and Lots 5 , 6 , 7 Block 2 shall be nonbuildable until Phase II facilities serving the lots are completed . BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer' s Agreement. Adopted in ( r�. r-; fill session of tb.ffi City Council of the CiWy9 S lkopee;-i Mirf esota , held this /1(‘-' day of / 19 -. C-) Mayor of the City of Sha 'pee ATTEST: C= C1-rk Approved to form the if day of 191..x . City A torney :cv' 3/9x/7-7 P ,' . E` ! I � \ ;/ 11/! / * r CITY' OF SIVA?:OP EE DocjinaYt tVa � Filo' /7af -^,eT'_".-./-1S, , v&ii.„,e-s3 p,.e / I /+gipaiTh -glib ::e\ V 1/ 9, rr t 7.?.."'.'------. tr SCOTT--COLid ,\ • I:111, 1 SOT? r omce,•t'teestr.,r..Tfaka �u ev" 91/1 0 80 fir;t 7-r , 1 s f t-Eri\TE rvp•-r: T-- DEVELOPER'sr AGR E'IE�'a • a ';Ceti_cwoh%1Klsoassta'. e�;• 6/29/82 -- — 1 keroi y certify that the wt'_hin rstrum, d '-filed 1 ��' daf ° e acordj e , on CC)� , r LL NO _ - e'Y - at 0 . • aegistrar OM, �' TIIS AGRCEM111Vf,/Atade a, ..1-„,,,,e ered into this 9th, day of u� August 19_85 - , -by. and between the City of Shakopee , a *lunrcipa1 corpoL:ation ;organized under the laws of the State' of _� - ,` i r sE.t. i,:in-n:f - hereinafter called; "City", _and Shakopee Realty Inc.' and _t* ; Cletus J•:,.1.-tthnk .Construction . ,.hereaf ter `called._"Developer" ,' , z WITi\'ESSET:i , ` '�_, . ' ..".. ;y.-y'n+.. `i tF x r,,..' ;•1.- ---- `+ac as r- r-rm,,,,. -;:i m..*.. Ls..,k w -=s f.. " ' ...=,...'.}c- '-:-1 1 t +.-. 1 �"""'c{.�-�.t °' .rk`.ter.:- +e...�;r. »r "t"� .... a,'�F�� ¢. �-%�»� �,e�t- a,c '� ' �""w 'a +� r ���F.� '� t ` wHE. , s'--_,..made.:.apple �' REAS t�le^Devel.oper-. h� ' catron to the,_City� �-r � �k ' Council for"approval -of 'a" plat of land within the corporate -'y limits of the City described as follows South Parkview 1st Addition hereafter called the "Subdivision" ; and 'td:-hL EAS , the City Council, by resolution adopted March 19, 1985 rantedconditional approval to the Subdivision on-The _condi- cio_, that the Developer enter. into this Agreement toprovide for - the installation of street, water, sewer and other improvements as' {ti,.ti'' i.b. d 11c1-e111. NOW, THEREFORE, in consideration of the premises and of the .hoar •promises and conditions hereinafter contained, ' it Is hereby e ,-eed as follows : '- . I Definitions The following improvements as used in this agreement shall have the meanings stated: (A) "Street Improvements" subgrade preparation, pe:.r,�, gent surfacing, right-of--way grading or berm con- - struction,' traffic sic;ning, sidewalks , and all appurtenant facilities (as shown on the approved plans 'on file in the office of the City Engineer) (B) '"Sanitary Sewer Improvements" - sanitary sewers ,lift stations and all other appurtenant sanitary sewer facilities (as shown on the approved plans ~ on fi) e in thea office of the .City Lngrreer) (C) "Storm Sewer T_mprovements" '-storm sewers , inlets and all other appurtenant storm facilities (as - shown on the approved plans on file in the office of the City Engineer) (D) ."Wate-i-main -Improvements" watermains , valves-.and - . . ..,.._.. . '-- -_ ., a1l other appurtenant watermain facilities -(as shown' - on the approved plans on file in the office of the -- - • • "x �. 1.4-1;— -..- nt ,:.. >s•_r+_..:s..dq-$;a «. .:? C .G';fC,a•.,a.�3usu? z'e'i3.3.1 7.3(10171:•,:a, :.:ri;-i . a A j 01k:.:�r he flaveToper_.acr_ees.::t iatt under no cf.rcur,, tances will the amounts set `forth above be paid any • later than ten ( 10) years from the date of this zgreement, at which _time. the entire _unpaid amount shall be ";due zand -payabl.e .immediately CC) -The Developer hereby authorizes the City to fore- close the lien herein created should the Developer, its heirs, assigns or successors in interest fail to make payments required hereunder, and does agree that in addition to any amounts foreclosed, the City shall be entitled to its administrative costs , legal costs, and reasonable attorneys fees in con- nection with said foreclosure. (D) The Developer hereby understands and agrees that should the ultimatedensity used for such a lot be other than the density originally presumed to determine the amount to be paid, said amount.-- -- < will be recomputed 'based on the actual density, }` and said amount will be paid at the time of build- ing permit issuance. X. Other Conditions of the City's Plat Approval Agreed to by the Developer. Although the City has given preliminary approval to the plat of South Parkview 1st Addition, the developer is desireous of final platting the subdivision is phases. The developer is delaying the platting of Outlots A, B, C, and D until a later date and therefore agrees to the following conditions: (A) No building permits ahll be issued to Outlots A, B, C and D until they have been replatted. (B) The developer shall submit to the County Engineer construction plans for access to CSAH 15 and obtain a permit when Outlots A, B, C, and D are replatted. (C) Funding for the oversizing of 13th Avenue will be provided by the City of Shakopee. (D) When Outlots A, B, C, and D are replatted the developer must determine what portion of the lift station is attributed :to other- development. ,*'-(E) No building permits shall be issued to Lots 3 and 4, Block 3 and Lots 5, 6, and 7 of Block 2 until the facilities serving. Outlots A, B and C have been completed. (F) --The park dedication for Block 1, -2,-3, -and 4, and Outlots -.----- .--- A, B, -C, and D has been fulfilled with dedication of Outlot - - . E for'.a retention basin. (G) Installation of evergreens to serve as a planting buffer abutting CR-15 every 30 feet with a minimum of two evergreens per lot. ` ,4 I) ig 6 L, .., __I L_ .00 I:- 75.00 laacg, I _ .C e u s isi.TEi � _\. '.�r ! : a� , 1, SHAKOPEC REALTY INC. t30st1 - ` �. 'b° a o I. J► 589'ss`ot"E • ,tv �� ,� -, .d,Q' a o�d ► .� • M 0 v�i7. ysent Q B . � t s es) " zs •� .s � Z� � Y _ i °� o=3cb* Q S ^A E OF MINNESOTA � I COUNTY OF i. iso ' o 4) -it Q� The f regoing i nstrument w ou,I::;; `� • " X41, �\ ,8 f �' and wi e. 1985 , c • ` a l 1 A..4:7;7n et7 :44',a t 4.,.tJ n + y • *IS vrP gl„ .a''..•. . ..y,;..4*'. ?t .�4 � Q 1i1':.3 CJTs:, OUTLOT T M 3v„ STATE OF MINNESOTA I - COUNTY OF NNESOTA a o f , H a A 3 A ' R ,a oh The foregoingi N ► N i ti ( nstrument wa c c b a' I Vfl 5 1985 by lr o N `'� �} TS _ft _ of Shakc c AC to k I )-+ e•�t said corporation. .9 t'ri 4O h + i ,-.� � � .,...,....,,,„.....,..,„...„,,,,,.,..„,,s: I hereby certify that I have M P at as SOUTH PARKVIEW I ,l,�/o,<hern /tfafara/ ws.co oN13o j Where entation of $aid survey 7 Ba5c�rlhtiJf4g Prr.GtoC• C �- v P at i n feet -and fiundrve Ar.. . �z6�3 iii �' correctly placed in the group -to wetlandsboundartons are correctly \ cn `� 41be designated on 01 242.30 • 136.14 "i e oe 11 \.”7°,11' "W\ ^!4 I� , �2y0.41 t \� 205.2 - � 41545_ • 687617'27"W STATE OF MINNESUTA 4 I3TH .. AVENUE tg ! COUNTY OF_ HENNEP I N --453,67 1V81'11'ZTE`•-- 1 f ' ' I The 0 / _ 0 4 e fore oing surveyor ' s cerci OUT T \ry' o day f • 1985, E ° M $ � Waryshery N �aiaoSCo p ;. s s .;,., ,� easemeor0s per.boc.Aeo.iticso -.-P 4-c3 t P, ; ' , ,a. t tom. \ I i +� "..4.:1"80%-e: 1 a.)._ .'. ,.A: L. o tro4 • R.23 . . Approved _ r _ day - �AAlln 1•S -o f `•" W SOUTH PARKV ioN Zd'I I I _ is; 3216.50 it N 89056101N W _ IN 89° 6'34"W vi• i --- --� ---.tea --- . a .; 13050 m I '� i'°$I. .. N 40 t. _H . 121.00 � 12 Ir 13 �o`` Pn .'#1/4\k • tiI • o' j' '` AO+ . 14 rO 60' .. oI Lij11 y�• .o -• f Z . .. tLi 1 -/ • tM2•4A07• ' St ld,d I J (C) 4r M t3-_ Cr. 313.63 \` "66'3-3'3TE_ ,..• e` iosesste i••- Lii ce61�9'I2 t • s 1°473Cr) 40 - .: ;~� i 1 10 �\� 15- FT-Tar; .00�. 1.—.1 ' • /• Ilv i , 0 1 N 69•56.34•W 1aC. 127.00 N 89°5613411W. r o �s�ryryi g •, J 16 _ Q a PIL N 89$6'34_YJ L–N 69tiSdE4_W J ,•. Tss ...1:s Z No • V (37.aS E. .. &to r–�2�o---� W (. 17. �lr, ,�,' Io N89•56'34'W • V 'kQi lJ 18237GOp.W• O W 6� i:� Q I 121.00 0 I a `D �> $� 7 ig 18 co ' • I i —,. • `�f 89'8634'1" In 'fta __449. 6:11.1.v JII)o .S� L1J --IziOo N Q ! • f.:1 -11 IAb �Q t s _' 0 619 • I� o a- • �:z I— I "88200 W I . O •Nei�34•W I O Z r' r' •, Lii =O cl- 5 ''' 20PI .I '` F_ ..._ J► • . j--7T1/60-1-10 c . 1CO 0- 17° > q 2D . rr • N89$6WW o 1 N Q8^56 34.1Y I° N T —• • 0 .: I . 12Z0o In i 121.00 3 : = Z 22 o t.- , '..../ L_N.4 W'WJ 5 0"--146.":/-.J o 0 lit `I `•��' 60 fir--121161 • /'fit r—12700–18 >: n� 18 V 23 }.- d \ in . 2 N89•'S6'34'W �ao of .- • ns 0 N 89�36$4'W • 12200 ' 1 L�. F1'yt 121.00 Lli _� �>z� �I �s 24 , o c: 1 \. ��__ —I 60.07 tiCL 1 _, 121.14 - la � J L - �• 429. • N 87°17127"E - VIP FLING DRIVEill _ _ I —_----- c' Lt B[ABUIO dlIINTATIO I.Th.Not lino of, Outlet A, SOUTH SANCTI[1 1$T ADDITION, boa . assumed Maria[ of M 0 03' 34•B • [ AIM US ABs 1113.rir WNMIM7i Ai11 SM01M WOW 500--�I — Denotes found irom pipe .ats• 10..00 "T 500 0 60 0 80 1 wr., IQ i __---J 1 ____L–_ 0 Desoto@ esti lash by 14 lamb irom i } SCALE IN F pipe aonum.nt marked by Minnesota BOIq s 1117 IM SUM AID ADJOIil,O IMT Lamm [e[Setratiom We. 17000 . AIM SUMO 10 7BMr 10 1113111 AMD ADJ0IBI30'Apar. . Cr HAY us mini[[ 031CIOXus MOW. A L L A r SHA 06/01/98 MON 14:58 FAX 6128311869 JOHNSON&CONDON ! J002 Ft‘iiq 01/0 `. IS.C.Lt June 1, 1998 Chairperson Kathleen Hadley Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101-1998 Re: EverGreen Heights Townhomes Shakopee, Minnesota Dear Chairperson Hadley: We were both astonished and extremely disappointed to learn that an affordable housing development, EverGreen Heights Townhomes, was denied funding by a committee comprised of the MHFA, Metropolitan Council, The Minneapolis Public Housing Authority and the Family Housing Fund. In view of the extraordinary local support and participation in the project and an adjacent affordable daycare center offering collaborative services, we feel compelled to register our displeasure and criticism of the committee's and MHFA's decision. As you must know, the proposed 10 acre site is owned by the City of Shakopee. It is located west of the new Shakopee Fire Station, north of the Highway 169 Bypass and south of a residential area. While it is on the east end of Shakopee, the surrounding area is rapidly developing, both residentially and commercially. A 1,200 employee Seagate plant is set to break ground across County Road 16 from the proposed development. The immediate proximity of employment and the planned daycare were felt to meet two of the most important needs of working families living in the development as well as in the surrounding areas of Shakopee and Scott County. The 10 acre site is part of a larger parcel that was originally purchased by the City of Shakopee for the fire station. Planned uses for the 10 acre residual parcel have been uniformly residential, similar to the surrounding neighborhood to the north. The city selected the EverGreen Heights affordable housing development proposal as a purchaser of the site over a competing proposal for market rate townhomes. Significant in the city's support for EverGreen development was the basic underlying need for housing in the area, but equally important were such factors as participation in the project by the Scott County 06/01/98 MON 14:59 FAX 6128311869 JOHNSON&CONDON 11003 MHFA June 1, 1998 Page 2 HRA, the Carver-Scott Educational cooperative and a proposed affordable daycare. As local collaboration evolved, the CAP Agency agreed to administer and operate the daycare as a collaborative center, with services including non-standard hour daycare, a crisis nursery and a visitation center. The 1998 legislature appropriated funding, available through the Department of Children, Families and Learning, with selection criteria tailor-made for the proposed facility. The city, in conjunction with the adjacent business park owner, made arrangements for an in-kind contribution towards the project through excavation and grading of the site in a manner suitable for the proposed development and allowing separation of the development from Highway 169 and the fire station. We understanding that the major articulated reason for the EverGreen Heights development not being selected was concerns over the adjacent fire station and distance from services. We do not understand in what respect a fire station is any less desirable than a multitude of other non-residential land uses that coexist with residential neighborhoods. A fire station is a common fixture throughout communities and we can identify countless placements of fire stations next to multifamily and single family developments. We also fail to understand why distance from services is a significant concern. Scott County HRA administers the Section 8 program and public housing in Scott County. Household demographics of affordable development residents in suburban counties is also available. We believe these references clearly support the proposition that households, including Section 8 and public housing waiting lists households, do not move to Scott, Carver, or Dakota counties without having private transportation. What objective and verifiable basis exists for persons at MHFA to conclude otherwise. If close proximity to services where a criteria for siting an affordable housing development in the suburbs, few such developments would be constructed. We also wonder where in the priorities for selection does MHFA rank immediate access to employment and daycare services. In working closely with Seagate in connection with the proposed 1,200 employee research and development facility, the city of Shakopee and Seagate identified a significant employment need that could be met by the anticipated residents of the EverGreen Heights Development. We would like to think that welfare-to- work initiatives would more highly regard availability of employment and daycare than the closer proximity of a grocery store and bank. We also question what was so distinguishable about the location of a competing affordable housing development approximately one mile west on Vierling Drive from EverGreen Heights, so as to warrant its selection over this uniquely collaborative, multi-sponsored, widely supported affordable housing development. The MHFA funding selection criteria highlights the importance of local support and collaboration, unique features, innovative 06/01/98 MON 15:00 FAX 6128311869 JOHNSON&CONDON f1004 MHFA June 1, 1998 Page 3 partnerships and innovative services, allof which seem to have been ignored in the evaluative review of the two competing proposed developments located in Shakopee. It is difficulat for the many enthused participants that were supporting EverGreen Heights not to be cynical in a situation where it appears that the opinions of a few state or metropolitan agency administrators have dictated a local decision process, made even more objectionable where outstanding local initiatives had created a development with truly innovative partnerships, participation and services. This is hardly the type of endorsement of such efforts that we would have expected from MHFA. We would appreciate a specific response to our concerns and an indication of what reconsideration we may expect. Scott County HRA By: cc: Governor Arne Carlson Senator Clair Robling Representative Becky Kelso Department of Children, Families and Learning Department of Economic Security Metropolitan Council CAP Agency Carver Scott Educational Cooperative Minneapolis Public Housing Agency Family Housing Fund EverGreen Real Estate Development Corp. Valley Green Industrial Park GAM-200396.1 Is. ID. 11 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive Improvements, from Sage Lane to Miller Street Project No. 1998-2 DATE: June 2, 1998 INTRODUCTION: Attached is a revised agreement for participation in the construction and operation of a traffic control signal system and integral street light between the City of Shakopee and Scott County for County State Aid Highway(CSAH) 17 and Vierling Drive intersection. BACKGROUND: On March 17, 1998,the City Council adopted Resolution No. 4870 ordering the preparation of plans and specifications for Vierling Drive, from Sage Lane to Miller Street. Included in these improvements is the construction of a traffic control signal system and integral street light at the intersection of Vierling Drive and CSAH 17. At the same City Council meeting, City Council authorized the appropriate City officials to execute a Cooperative Agreement with Scott County by amending the Cooperative Agreement and striking Paragraph 10, which relates to permitting an Emergency Vehicle Preemption(EVP) system. Scott County has revised the agreement to allow the activation of the EVP system. The changes in the agreement are as follows: • Paragraph 12 - the maintenance and repair of the EVP system will be done by the County at the sole cost and expense of the City. • Paragraph 13 - the County will provide the initial pedestrian striping for the intersection. However, any future roadway pedestrian striping required after initial work will be the City's responsibility at 100%of the related cost. In review of the changes in the agreement, it should be pointed out that Scott County has incorporated many of the requirements relating to EVP system as contained in the agreement with Mn/DOT for the signals at the County Road 83 ramp and CSAH 17 ramp. The major difference is that the State will maintain the EVP system at their cost, while the County is proposing to maintain this system and bill the City at 100% of the cost. Typically, for maintenance of a traffic control signal system, it is recommended that only one agency be responsible for maintenance of the system to ensure continuity and reliability in the signal operation. On Item No. 2 -the County has included the paragraph relating to pedestrian striping at this intersection. This is a new paragraph for traffic control signal system which the County needs to formalize its practice on crosswalk striping on County roads. Typically, crosswalk striping along County roads cost more to install due to the higher traffic volumes and an estimate per crosswalk is $300.00 - $400.00 per crossing. In checking with Hennepin County,they also have a similar policy. Typically,they do not require crosswalk striping at traffic control signal intersections because the signal system provides enough protection and direction for safe pedestrian crossing. Hennepin County will provide pedestrian striping at crossings that meet their criteria. If the City wants a crossing striped, then the City is responsible for the future striping. The County is not requiring crosswalk striping on CSAH 17 and the plans at this time do not include crosswalk striping. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Cooperative Agreement between Scott county and the City of Shakopee for a traffic control signal system at the CSAH 17 and Vierling Drive intersection. 2. Authorize the execution of this agreement as modified by Council. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve the agreement for a traffic control signal at CSAH 17 and Vierling Drive intersection, so that the project can move forward towards completion. ACTION REQUESTED: Authorize the appropriate City officials to execute the Cooperative Agreement for participation in the construction and operation of a traffic control signal system and integral street light with Scott County. Bruce Loney if Public Works Director BL/pmp AGREE State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection. The City shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive. Such installation, as described immediately above, shall be identified and accomplished under City Project No. 1998-02, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. I I The term specifications as used herein shall mean the 1995 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. 1 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule . IV The terms and conditions of the Cost Participation Policy of Scott County pertaining to cost and/or responsibilities may be revised or changed from time to time. Any such changes shall apply to this Agreement and shall be binding upon both parties regarding costs and/or responsibilities incurred after the effective date of the revisions to the Cost Participation Policy. Scott County shall notify the participating City of any such revisions or changes and of the effective date prior to implementation. V The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. VI The City shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VII The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $120,000. 2 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott • VIII The County shall, as its share of the construction costs, pay the City fifty percent (50%) of the actual construction cost of the traffic control signal system with integral street lights. The City shall pay the County ten percent (10%) of such share of the construction cost as payment for the engineering design of the traffic control signal system; and eight percent (8%) of such share of the construction cost as payment for inspection of the traffic control signal system. IX The County shall include Emergency Vehicle Pre-emption (EVP) System construction with the project. This item will be bid and may be deleted if the City deems the unit price bid to be unacceptable. X The EVP construction cost shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is $ 10,000. The City shall, as its share of the EVP construction costs, pay one hundred percent (100%) of the actual EVP construction cost. XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP System; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. XII Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP System at the sole cost and expense of the City. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, and glassware. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 3 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XIII The County shall provide the initial pedestrian striping for the intersection and shall be responsible for 100% of the related costs. The City shall be responsible for all subsequent roadway pedestrian striping required after the initial work and shall be responsible for 100% of the subsequent related costs. XIV The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XV Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 4 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott XVI It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XVII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XVIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act 5 • State Aid Project No. 70-617-16 CSAR 17 @ Vierling Drive City of Shakopee County of Scott of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XIX The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 6 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Jon Brekke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST : By By David Unmacht, County Administrator Art Bannerman, Chairman of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Thomas Harbinson, County Attorney Bradley Larson, County Highway Engineer Date Date APPROVED AS TO EXECUTION: By Thomas Harbinson, County Attorney Date jf-w:\word\agrmt\s ignal\17@v ierl.doc 03/12-98 Rev.5/15/98 7 eiv J D . / 7t & State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection. The City shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive. Such installation, as described immediately above, shall be identified and accomplished under City Project No. 1998-02, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. I I The term specifications as used herein shall mean the 1995 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. 1 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott Ill The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule . IV The terms and conditions of the Cost Participation Policy of Scott County pertaining to cost and/or responsibilities may be revised or changed from time to time. Any such changes shall apply to this Agreement and shall be binding upon both parties regarding costs and/or responsibilities incurred after the effective date of the revisions to the Cost Participation Policy. Scott County shall notify the participating City of any such revisions or changes and of the effective date prior to implementation. V The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. VI The City shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VII The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $120,000. 2 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott VIII The County shall, as its share of the construction costs, pay the City fifty percent (50%) of the actual construction cost of the traffic control signal system with integral street lights. The City shall pay the County ten percent (10%) of such share of the construction cost as payment for the engineering design of the traffic control signal system; and eight percent (8%) of such share of the construction cost as payment for inspection of the traffic control signal system. IX The County shall include Emergency Vehicle Pre-emption (EVP) System construction with the project. This item will be bid and may be deleted if the City deems the unit price bid to be unacceptable. X The EVP construction cost shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is $ 10,000. The City shall, as its share of the EVP construction costs, pay one hundred percent (100%) of the actual EVP construction cost. XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP System; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. XII Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP System and any repairs required shall be at the sole cost and expense of the City. Further, the County shall maintain the integral street lights except for the City maintaining photoelectrical controls, relamping, and glassware. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 3 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XIII If requested by the City, the County shall provide the initial pedestrian striping for the intersection and shall be responsible for 100% of the related costs. The City shall be responsible for all subsequent roadway pedestrian striping required after the initial work and shall be responsible for 100% of the subsequent related costs. XIV The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XV Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 4 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott XVI It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XVII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XVIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act 5 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XIX The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 6 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Jon Brekke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST : By By David Unmacht, County Administrator Art Bannerman, Chairman of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Thomas Harbinson, County Attorney Bradley Larson, County Highway Engineer Date Date APPROVED AS TO EXECUTION: By Thomas Harbinson, County Attorney Date jf-w:\word\agrmt\signal\17@vierl.doc 03/12-98 Rev.6/2/98 7 lS. O . , CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander,Public Works Supervisor SUBJECT: Surplus Equipment DATE: June 2, 1998 INTRODUCTION: The Public Works Department is requesting Council action to declare the 1965 Cleaver- Brooks Steamer and the 1974 International Step Van/Sewer Camera unit surplus property in order to sell them. BACKGROUND: The 1965 Cleaver-Brooks Steamer is used in our Storm and Sanitary Sewer Departments to thaw frozen lines and culverts. The steamer is 33 years old and has become a safety concern. It also requires a license to operate. The steamer will be replaced with a smaller unit which requires no license. The 1974 Step Van/Sewer Camera because of its age takes a great amount of time and money to keep it operational. The camera unit would cost approximately $50,000 to upgrade in order for it to be cost effective to operate. The Public Works Department has budgeted $15,000 to purchase a small push camera for emergency situations. With the competition in the Metro area for main line sewer televising, it is far more cost effective to contract out this maintenance activity. ACTION REQUESTED: Move to declare the 1965 Cleaver-Brooks Steamer and the 1974 International Step Van/Sewer Camera Unit surplus property. r / " 4 Michael J. Hullander Public Works Supervisor MJH/pmp SURPLUS 9)r) - 15: 0. 3 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: June 2, 1998 INTRODUCTION: Interviews has been held with candidates for the Public Works Maintenance Worker position which was authorized at the March 17, 1998 Council meeting. At this time I am recommending that the City Council authorize the hiring of Phillip Wolf to fill this position. BACKGROUND: In the 1998 Budget, there are nine Public Works Maintenance Worker positions authorized by City Council. A vacancy was created with the retirement of William Doege in March, 1998. Staff utilized the Scott County Personnel Department for the selection process and determining an interview list. Staff interviewed nine candidates from this list. The interview panel consisted of the Public Works Director, Public Works Supervisor and Payroll/Benefits Coordinator. After reviewing the results of the interviews, applications and reference checks, the recommendation is to hire Phillip Wolf. His anticipated starting date is June 15, 1998 and would be contingent upon his successful pre-employment physical. Budget Impact: The advertised salary range for the Public Works Maintenance Worker position was listed at $12.57 per hour. This position is a non exempt position which allows the employee over time pay and the perspective candidate has agreed to Step 1 of the 1998 Pay Schedule for Public Works employees, as included in the labor agreement. Staff is also recommending a Step 2 increase in pay after a successful 6 month probationary period. The reason for this recommendation is that the Step 1 pay level actually decreased from previous pay plans due to an eight step pay level system. I ' , RECOMMENDATION: Staff recommends the hiring of Phillip Wolf for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Phillip Wolf as Public Works Maintenance Worker and to be hired at Step 1 ($12.574/Hr.) of the 1998 Public Works Union Pay Schedule, with a step increase to Step 2 ($13.023/Hr.) after a successful completion of the six month probationary period, effective June 15, 1998 and subject to a successful pre-employment physical. /:11/1°' jD1K Bruce Loney Public Works Director BL/pmp HIRE D. 3 bAl fliovryse CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: June 2, 1998 INTRODUCTION: Interviews have been held with candidates for the Public Works Maintenance Worker position which was authorized at the March 17, 1998 Council meeting. At this time I am recommending that the City Council authorize the hiring of Phillip Wulf to fill this position. BACKGROUND: In the 1998 Budget, there are nine Public Works Maintenance Worker positions authorized by City Council. A vacancy was created with the retirement of William Doege in March, 1998. Staff utilized the Scott County Personnel Department for the selection process and determining an interview list. Staff interviewed nine candidates from this list. The interview panel consisted of the Public Works Director, Public Works Supervisor and Payroll/Benefits Coordinator. After reviewing the results of the interviews, applications and reference checks, the recommendation is to hire Phillip Wulf. His anticipated starting date is June 15, 1998 and would be contingent upon his successful pre-employment physical. Budget Impact: The advertised salary range for the Public Works Maintenance Worker position was listed at $12.57 per hour. This position is a non exempt position which allows the employee over time pay and the perspective candidate has agreed to Step 1 of the 1998 Pay Schedule for Public Works employees, as included in the labor agreement. Staff is also recommending a Step 2 increase in pay after a successful 6 month probationary period. The reason for this recommendation is that the Step 1 pay level actually decreased from previous pay plans due to an eight step pay level system. RECOMMENDATION: Staff recommends the hiring of Phillip Wulf for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Phillip Wulf as Public Works Maintenance Worker and to be hired at Step 1 ($12.574/Hr.) of the 1998 Public Works Union Pay Schedule, with a step increase to Step 2 ($13.023/Hr.) after a successful completion of the six month probationary period, effective June 15, 1998 and subject to a successful pre-employment physical. :ruce Loney Public Works Director BL/pmp HIRE /5: 0 • 51, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Street Lighting Policy Approval DATE: June 2, 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 and City Council direction is submitted for Council review. Also included is an action to direct staff to install street lights on City Streets that intersect with County Roads. 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. City Council did review the April 17, 1998 Street Lighting Policy which included the SPUC revisions and asked staff to revise the policy to provide more flexibility and options for street lighting. The remaining policy issues on the Street Lighting Policy mentioned at the meeting were as follows: 1. Maintenance and operation of non-standard light fixtures and additional lights than the policy allowed. 2. Allowance of different street light fixtures than the type the policy specifies. 3. Street lights at City street intersections with County roads. Staff has revised the policy in two areas which addresses the three concerns mentioned previously. The first change addresses the first two concerns and is under Street Lighting Standards, Plan Approval on Page 1. The previous Plan Approval paragraph was proposed to 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 Citv/SPUC approval shall still be required. Staff is proposing to revised the policy so that the last two sentences are deleted which previously discussed the maintenance and operations of non-standards systems and additional lights. By simply requiring approval by the Utilities Manager, the lighting plans must meet the policy. If a non-standard or additional lighting is desired, the developer can ask for a Special Lighting District as mentioned on Page 3 of the policy and would take City Council and SPUC approval. The revised Plan Approval paragraph is 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. For street lights at City street/County road intersections, staff has revised the policy to meet minimum vehicle volumes or number of accidents. Staff believes the policy should 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 2.500 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." Many of these intersections will meet this criteria for a street light and, as mentioned in previous memos, will not meet the County's criteria for a street light. Attached is an existing 1995/1996 traffic count figure as included in the Draft Transportation Plan. The traffic counts on County Roads generally exceed the 2,500 vehicles per day criteria. City Council must approve the installation of the street light no matter how high the traffic counts are at any particular intersection. 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 2,500 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. Staff has had requests for street lights at the following intersections: 1. Valley View Road&CSAH 17 2. Valley Industrial Blvd. South&C.R. 83 3. Vierling Drive&C.R. 15 4. Hilldale Drive&C.R. 16 5. StageCoach Road(Old C.R. 18) &C.R. 18 The above intersections would meet the revised Street Lighting Policy criteria. Cost of the street lights would be from the Capital Improvement Fund. Staff would like City Council to provide direction on the remaining City/County intersections on whether to install street lights at this time or wait until a request from property owners has been received. ALTERNATIVES: 1. Adopt Resolution No. 4923, a resolution approving a Street Lighting Policy for the City of Shakopee. 2. Deny Resolution No. 4923. 3. Table for additional information. 4. Authorize the installation of street lights at City Street intersections with County Roads, as determined by the policy and payment to be from the Capital Improvement Fund. 5. Authorize the installation of street lights at City Street intersections with County Roads, as determined by the policy and previously requested by property owners and payment to be from the Capital Improvement Fund. RECOMMENDATION: Staff would recommend Alternatives No. 1 & No. 4, to adopt Resolution No. 4923 adopting the Street Lighting Policy, and to authorize staff to install street lights at City Street and County Road intersections that meet the policy and payment to be from the Capital Improvement Fund. ACTION REQUESTED: 1. Offer Resolution No. 4923, A Resolution Approving a Street Lighting Policy for the City of Shakopee and move its adoption. 2. Authorize the installation of street lights at City Street intersections with County Roads, as determined by the policy and payment to be from the Capital Improvement Fund. /Ito 4i/Q ce Loney Public Works rector BL/pmp LIGHTS CITY OF SHAKOPEE STREET LIGHTING POLICY I. 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. 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. 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. 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. 1 2. Residential Streets (Average lot size is greater than 2.5 acres) Street 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 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. 2 6. Special Lighting Districts Special lighting districts can be established only when approved by the City Council and Utilities Commission (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 of the light with the cost of maintenance and operation to be provided as agreed upon in separate resolutions by the City and SPUC. 3 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 2,500 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. 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 4 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 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: 5/28/98 5 RESOLUTION NO. 4923 A Resolution Adopting A Street Lighting Policy For The City Of Shakopee WHEREAS,the City Council desires to establish a written policy on street lighting for the City of Shakopee; and WHEREAS, a Street Lighting Policy has been prepared and was reviewed by the City Council at its June 2, 1998 Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the Street Lighting Policy, a copy of which is attached hereto is hereby adopted. 2. This policy shall become effective June 2, 1998. 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 g,.,, `O a) W �lC 5 p rt O i o E p m ti) ��,, w g , CIFD E II � z w ....6"4 \c.. . NO ONLWO0.18 ky " �� HI111Yad N907 x' `� w ap a _,_a_a_____ //� - - 1 sz ire }X,. 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N us 7 i :1� ( 3 1 ' ' 005Z/1® Ifs:; l ' =iir; 1\�t,uLt--: fi ! E = OSZ ri „�'co 41. °�� DOST ,� 00 wit , l5, T7 , 5 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1998 Reconstruction Project No. 1998-1 DATE: June 2, 1998 INTRODUCTION: Attached is Resolution No. 4920, which accepts the bids and awards the contract for the 1998 Reconstruction Project No. 1998-1. BACKGROUND: On May 5, 1998, the City Council ordered the advertisement for bids on the 1998 Street Reconstruction Project No. 1998-1. The project consisted of reconstructing the following streets: • 5th Avenue, from Scott Street to Holmes Street • 6th Avenue, from Scott Street to Spencer Street • Fuller Street, from 6th Avenue to 5th Avenue • Sommerville Street, from 6th Avenue to 5th Avenue The funding of this street project is a combination of assessments, Sanitary Sewer Fund, Shakopee Public Utility Commission's (SPUC) Watermain Fund and City tax levy. On June 1, 1998, sealed bids were received and publicly opened for this project. A total of five bids were received and are summarized in the attached resolution. The low bid was submitted by B.H. Heselton, Inc. of Faribault, MN in the amount of$888, 262.85. The Engineer's estimate for this project was approximately$900,000.00. In the feasibility report for this project, the estimated construction costs for the project was estimated to be $863,508.07. This did include a watermain construction estimate of $78,125.00 from SPUC. The watermain costs from the bid is $134,122.00, thus he feasibility report construction cost estimate for this project would be around$919,505.07. The low bid submitted is less than the feasibility cost estimate. Also, the street and storm sewer construction bid is $654,000.00 as compared to the feasibility report cost estimate of$675,000.00. These costs are the majority of costs that affect assessments. References were checked on B.H. Heselton, Inc. and this company has done street reconstruction projects for Faribault,Northfield, Lakeville, and other Cities. In addition to awarding the contract to the low bidder, B.H. Heselton, Inc., City staff will need to authorize consultant engineering services to provide construction surveying and administration services as necessary for this project. Attached to this memo is an extension agreement with WSB &Associates, Inc., to perform the surveying services and administration services as needed to complete this project. If the Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 5% of the contract to cover minor change orders or quantity adjustments that may occur on the project. ALTERNATIVES: 1. Accept the low bid of $888,262.85 and adopt Resolution No. 4920, warding the contract to B.H. Heselton, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on this project for the City of Shakopee. 5. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustment on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4 and 5. ACTION REQUESTED: 1. Offer Resolution No. 4920, A Resolution Accepting Bids on the 1998 Reconstruction Project No. 1998-1 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB &Associates, Inc., to provide consultant services for the City of Shakopee. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. Bruce Loney Public Works Director BL/pmp MEM4920 RESOLUTION NO. 4920 A Resolution Accepting Bids On The 1998 Reconstruction Project No. 1998-1 WHEREAS,pursuant to an advertisement for bids for the 1998 Reconstruction Project No. 1998-1, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: B.H.Heselton Company $ 888,262.85 S.M.Hentges & Sons,Inc. $ 890,957.05 Northdale Construction, Inc. $ 979,952.20 Barbarossa& Sons,Inc. $ 987,339.95 Ryan Contracting,Inc. $1,041,006.30 AND WHEREAS, it appears that B.H. Heselton Company, Box 246, Faribault, MN 55021 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with B.H. Heselton Company in the name of the City of Shakopee for the 1998 Reconstruction Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk JUN-02-1998 12 02 ISE & ASSOCIATES INC. 6125411700 P.02/02 B.A.Mittclsuadt,P.E. 350 Westwood Lake Office Bret A.Weisr,P.E. WSB' 8441 Wayzata Boulevard Minneapolis, MN 55426 Pew R.Willenbring,P.E. Donald W.Stuns,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 June 2, 1998 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Estimate of Cost to Provide Construction Surveying Services 1998 Downtown Reconstruction WSB Project No. 1014.38 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 services for the above-referenced project. The surveying needs for this project will include computations to complete a radial stake-out,establishment ofhorizontal and vertical control,grade staking,storm sewer staking,utility staking and development of cut sheets and computations by the party chief. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule for a two-person crew. As you are aware, construction staking is somewhat variable depending on the contractor and the actual field conditions. Consequently,it is anticipated that the actual survey cost could vary between 2%-4%of the construction cost, and will be determined according to the actual hours necessary to stake the project. We are available to begin developing the control for this project as soon as it is approved and look forward to the opportunity to serve you. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section N 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&Associates,Inc. Bret A.Weiss,P.E. Vice President City Administrator City CIerk Mayor Date r WPWTwowemeosos.ei Infrastructure Engineers Planners TOTAL P.02 Ac. IJ. CITY OF SHAKOPEE CONSENT Memorandum .J TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Equipment Purchase - Two Aluminum Contractors Boxes, Hoists and Hydraulics for Utility Trucks DATE: June 2, 1998 INTRODUCTION: The Public Works Department recently requested quotes from three vendors which consisted of Midland, Crysteel and J-Craft for the construction of two (2) aluminum contractors boxes, hoists and hydraulics for the (2) trucks recently purchased for the Public Works Department. The following are the quotes received: Crysteel $26,190.78 Midland $24,466.14 BACKGROUND: In 1993 the Public Works Department switched from steel to aluminum boxes for its utility trucks to reduce the weight of the box which maximizes the load capacity. Aluminum is also preferred over steel because the boxes longevity is increased due to salt and chemical corrosion. Longer life, bigger payloads and increased resale value make aluminum the more cost effective choice for our operations. This equipment was budgeted in the Capital Equipment List and payment is from the Internal Services Equipment Fund. ALTERNATIVES: 1. Award the quote to Midland Equipment, Inc. 2. Deny the quote and reject all quotes. � ��'3 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to accept the low quote of $24,466.14 and purchase (2) aluminum contractors boxes, hoists and hydraulics from Midland Equipment, Inc. for the (2) recently purchased utility trucks in the Public Works Department. 4264A Michael . Hullander Public Works Supervisor MJH/pmp EQUIPMENT IS. . '1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Emergency Expenditure - Storm Clean-up DATE: June 2, 1998 INTRODUCTION: The Council is asked to authorize a budget amendment from the Contingency Account, and Fund Balance,to fund storm-related clean-up. BACKGROUND: As a result of the storm Saturday evening, May 30th, the City will be forced to expend large amounts of staffing and other resources to return the City to a state of normalcy. Public Works employees have been placed on 12 hour shifts for the foreseeable future, but that will be insufficient to get clean-up done in an acceptable amount of time. Private contractors have made available for hire their equipment and employees. Because of the widespread nature of the damage through the Twin Cities,the"mutual aid"that we would normally see from other cities isn't able to happen here in any large amounts - other cities are dealing with their own situations. With employee overtime, equipment rental, contractor services, and the like, estimates are that the costs may run in the hundreds of thousands of dollars. Even adhering to the letter of the City's legal obligation(picking up only downed boulevard trees, and trees on public properties) it would still be a staggering amount. The current practice for large scale storms,that of picking up all residential trees and brush that are brought curbside, expands the cost dramatically. However, as a service to its residents,it appears that the City of Shakopee has no other choice at this time. We are asking that Council authorize all necessary prudent expenditures be made,with funding to come from the Contingency Fund and Fund Balance,to be approved later as a budget amendment. RECOMMENDATION: We recommend that the Council authorize expenditure for storm-related expenses, and that funding take place through a budget amendment from the Contingency Account and Fund Balance, as necessary, as soon as those expenses are known. STORM.DOC Storm-related expenses will be segregated so that if State or Federal assistance is later made available,reimbursement requests can be made. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the necessary prudent expenses be made for storm-related clean-up, and further,that the Finance Director be directed to prepare a budget amendment to transfer expenditures from the Contingency Fund, and Fund Balance, when the amount of those expenditures is made known. 14A-Qs 4\0141)10 Mark McNeill City Administrator MM:tw CC: Bruce Loney, P.W. Director Gregg Voxland, Finance Director STORM.DOC Sheet1 City of Shakopee Contingency Appropriation Printed 5/13/98 Original Appropriation $ 190,000 97 Wages ? Police ? PW ? Nonunion ? Monitoring Well #7 ?? (6,156) Fire station berm (3,000) JEA Architect (581) 180,263 NW Coop - Police (10,000) Imaging Tech. (40,000) Employee Reclassifications (15,000) ** New position - Planning (34,060) ** New Position - Building (30,400) $ 146,203 Note: ** and ? actuals have not been calculated yet. Page 1 Pli11111 SHAKOPEE ATTENTION SHAKOPEE RESIDENTS Important facts regarding the May 30th storm STREET CLEAN-UP - City crews and contract workers will be picking up storm-damaged trees as quickly as possible. Residents are responsible for getting downed wood to the street; it should be placed parallel to the curb, in lengths preferably between 8 and 10 feet. Leave sufficient room for the passage of traffic. Stack piles on one side of the street if possible. Due to the widespread damage, not only in Shakopee, but in the metro area, it will take weeks to get to every location. Please be patient! All debris must be to the street by June 15th. If it is after that date, and the street has already been picked up, disposal will become the property owner's responsibility. A word of caution- if you have made arrangements with a private contractor to remove trees on your own property, and complete disposal is included in that fee, make certain that you get what you pay for. There have been reports of tree contractors charging full fees for disposal, and then unloading the trees on public streets for the City to remove. The City removal efforts are funded by property taxes -- your property taxes. DROP OFF SITE -Due to the volume of damaged material, RESIDENTS WHO ARE ABLE ARE STRONGLY ENCOURAGED TO DROP OFF THEIR OWN TREES AND BRUSH at a processing lot in the 500 block of Gorman Street(across from the Police/Public Works building, and behind the Tom Thumb strip mall). Add to the existing pile; do not dump it along the roadway. This is for tree related debris only-no garbage or non-grindable material will be accepted at that site. STORM DAMAGED DEBRIS - DO NOT MIX HOUSEHOLD DEBRIS (S.I.DING, ROOFING MATERIALS, LAWN FURNITURE, ETC.) - WITH THE CURBSIDE BRUSH - IT WILL NOT BE PICKED UP. A special"Clean-up Day" for storm debris will be held Saturday, June 20th, at the Public Works garage (576 Gorman). This will be similar to the annual clean-up day, where residents, for a small fee, will be able to bring debris to a central site. Watch the Shakopee Valley News for details. BURNING PERMITS - The Fire Department will consider burning permits only for the rural areas of Shakopee, and for brush only-trunks and limbs larger than 8 inches in diameter cannot be burned, according the DNR rules. No permits will be issued in the "built-up"areas of Shakopee. Contact City Hall for an application. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 ELECTRICAL PROBLEMS - Contact Shakopee Public Utilities at 445-1988. SPECIAL ASSISTANCE -The Fire Department will have a limited number of crews to assist those 65 years of age or older with tree clean-up. This should be restricted to those who simply have no other options. They will also be able to assist residents with placing tarps on damaged roofs. Call City Hall at 445-3650 to arrange. SAFETY- Stay away from all downed power lines - always assume that they are live. Be careful when operating power equipment in clean-up efforts. Also, remind children not to play in debris piles - drivers cannot see children playing in or behind piles. For further information-contact City Hall 445-3650 for general information Monday through Friday (June 1 -June 5) from 7:00 a.m. - 5:00 p.m. After June 8, call during regular hours - 8:00 a.m. -4:30 p.m. For Police, Fire or medical emergencies, at any time, call 911. WILLA! SHAKOPEE ATTENTION SHAKOPEE RESIDENTS Important facts regarding the May 30th storm STREET CLEAN-UP - City crews and contract workers will be picking up storm-damaged trees as quickly as possible. Residents are responsible for getting downed wood to the street; it should be placed parallel to the curb, in lengths preferably between 8 and 10 feet. Leave sufficient room for the passage of traffic. Stack piles on one side of the street if possible. Due to the widespread damage, not only in Shakopee, but in the metro area, it will take weeks to get to every location. Please be patient! All debris must be to the street by June 15th. If it is after that date, and the street has already been picked up, disposal will become the property owner's responsibility. A word of caution - if you have made arrangements with a private contractor to remove trees on your own property, and complete disposal is included in that fee, make certain that you get what you pay for. There have been reports of tree contractors charging full fees for disposal, and then unloading the trees on public streets for the City to remove. The City removal efforts are funded by property taxes -- your property taxes. DROP OFF SITE - :Due to the volume of damaged material, RESIDENTS WHO ARE ABLE ARE STRONGLY ENCOURAGED TO DROP OFF THEIR OWN TREES AND .BRUSH at a processing lot in the 500 block of Gorman Street(across from the Police/Public Works building, and behind the Tom Thumb strip mall). Add to the existing pile; do not dump it along the roadway. This is for tree related debris only -no garbage or non-grindable material will be accepted at that site. STORM DAMAGED DEBRIS - DO NOT MIA.HOUSEHOLD DEBRIS (SIDING, ROOFING MATERIALS,ERIALS, LAWN FURNITURE, ETC.) - WITH THE CURBSIDE BRUSH - IT WILL NOT BE PICKED UP. A special "Clean-up Day" for storm debris will be held Saturday, June 20th, at the Public Works garage (576 Gorman). This will be similar to the annual clean-up day, where residents, for a smallfee, will be able to bring debris to a central site. Watch the Shakopee Valley News for details. BURNING PERMITS - The Fire Department will consider burning permits only for the rural areas of Shakopee, and for brush only - trunks and limbs larger than 8 inches in diameter cannot be burned, according the DNR rules. No permits will be issued in the "built-up" areas of Shakopee. Contact City Hall for an application. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,.Minnesota. 55379-1351 • 612-445-3650 • FAX 612-445-6718 ELECTRICAL PROBLEMS - Contact Shakopee Public Utilities at 445-1988. SPECIAL ASSISTANCE - The Fire Department will have a limited number of crews to assist those 65 years of age or older with tree clean-up. This should be restricted to those who simply have no other options. They will also be able to assist residents with placing tarps on damaged roofs. Call City Hall at 445-3650 to arrange. SAFETY - Stay away from all downed power lines - always assume that they are live. Be careful when operating power equipment in clean-up efforts. Also, remind children not to play in debris piles - drivers cannot see children playing in or behind piles. For further information- contact City Hall 445-3650 for general information Monday through Friday (June 1 -June 5) from 7:00 a.m. - 5:00 p.m. After June 8, call during regular hours - 8:00 a.m. - 4:30 p.m. For Police, Fire or medical emergencies, at any time, call 911. iauuoisn3 imsod 3 �� ys O� ops Qvo ZOrNo €ONcw 3d 6L£SS NV `aadoxpgS arod •oS 13311S saUJIOH 6Zi 3OVI.SOd.sn 31b'1:1 xins gado p jS Jo 't!D June 1, 1998 TO:Bill Nevin, Sheriff FROM:Tim O'Laughlin,Deputy SUBJECT: Storm Assessment 1)Area of Concern:All of Scott County 2)Area of Speical Concern: Shakopee, Savage,Prior Lake Shakopee Contact: Dan Hughes,Police Chief Savage Contact:Al Mc Call,Fire Chief Prior Lake Contact:Rob Boe/Steve Schmidt PL PD 3)Winds were clocked at 70 to 100 m.p.h. 4)Major damage seemed to remain mostly north of Co.Rd. 14 5)Damage Assessment as follows: Destroyed Homes Homes with Major Damage Homes with Minor Damage Shakopee 2 75 262 Savage 6 8 151 Prior Lake 0 20 51 The Damage Assessment Survery is 100%completed in Shakopee;75%completed in Savage;and 33%completed in Prior Lake. After the totals are tallied a dollar value will be alloted for each increment of damage.Damage eligible for a disaster declaration is: Total Damage,Minus Insurance reimbursement=Distaster Damage. The Cities' damage assessment will be completed by the end of business today,(6/2/98);the rest of the county will be completed Wednesday,6/3/98. TOL r lima wail r INA Wit Wed flim ON II OW Mill Iiiiiii --- UDC \\ 'N '13.- 2SNN �S. s ,X c0 r7,i N;"(0.§. / (\ \ �O 9Gf I s IN �I<V' -' `�-={��. I` ��6 \ �. °���,. it IJIIJ�;, u ,� � � /4:1/)5/11 y �. ) >5 / ilt :,!.i. .., 1 _::-_;,.. . 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I 41 /."—F e- ?,a mkt---a :'� s �, ���-j r_ Lui-i,1-� To I 1f'I]'1 ][IiiN - ',IirS 1, , EA wF." VE $ Oma' M.7 � a -- �.1_ �" . A. / 1 V 1 i I.1 FS ��ll �rT-11 - z1 -;$ y Off' 0�1w. d 't oR. :fA 4 1z'1= 1:_ . , / nO r ty� 21 tn 2;22 0 A i Ifi.1 •i- [� L,t - � 121 U ' oo a' 1 S� i r _-_-: _ , ' �: T• ir) �,"` i�-" ae1S �� cop 1 i 111 \\ I; ,..-' .--. 1 1 ----/-.4‘ \-\\� : ( 0 ---- —_L\\\ -' :x= 1 � ,- rte- ,T1 ,•::,1-,-, ---,,, , j� ®Z m .....0 ' < rr I N • � r' I�-�' `- -1, 1 \\ 1 1 .fr;r1 uui / n`. , i I L_Li ' 2.... I ---).-1 1 I I "f'''i M,1 I2 I 15: E. CONSENT MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor License - Church of St . Mary' s DATE: May 26, 1998 INTRODUCTION AND BACKGROUND: St . Mary' s Church has made application for a temporary on- sale intoxicating liquor license for their annual summer festival on June 28, 1998 . In addition to selling 3 .2 beer, they sell wine coolers. Since wine coolers are stronger than 3 .2 percent, a liquor license is required. I have consulted with the Chief of Police regarding this application. This is something that has been going on for a number of years. There is no problem with this activity. Their application and insurance certificate are in order. RECOMMENDED ACTION: If Council desires to issue the temporary liquor license : Move to approve the application and grant a temporary on-sale liquor license to the Church of St. Mary' s, 535 S. Lewis Street for June 28, 1998 . .r.fr.� A C Clerk h:j udy\li censes\stmarys rw vL.14. /s. . z . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 3 .2 Percent Malt Liquor License - Sabroso Incorporated DATE: May 29, 1998 INTRODUCTION AND BACKGROUND: Application has been received by Sabroso Incorporated for an on sale beer license at 1120 East First Avenue (formerly the Happy Chef Restaurant) . The application is not in order for City Council consideration at this time. REOUESTED ACTION: Move to table the application for a 3 .2 percent malt liquor license from Sabroso Incorporated, 1120 East First Avenue. J d th S. Cox, City Clerk . A to,, 1 CITY OF SHAKOPEE IS, 3 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Sewer Backup Claim DATE: May 27, 1998 INTRODUCTION: The Council is asked to consider a payment to potentially two properties of the 1100 block of Harrison Street regarding a sewer backup. BACKGROUND: Recently,the City was contacted by Beth Anderson, 1117 Harrison, regarding a claim for damage from sewer backups into the basement of the house,that the Andersons purchased approximately six months ago. Initially, there was a backup of sewage on April 25th. Investigation found that a tree root had grown into the sewer main (as compared to the individual service)which caught a high amount of(apparently)household grease, and created a backup at that location. City crews unplugged the stoppage, and the Andersons called a company to restore their basement. A claim was filed against their insurance company,which, amounted to $3579.27. The Andersons paid a$500 deductible. On May 8th, another backup occurred. Public Works again responded, and the stoppage was again unplugged. Fortunately,the finishing work in the basement of the Anderson's home had not started, and the amount of the damage at that point was only for a cleaning and disinfecting, amounting to approximately $400. Mrs. Anderson called the City, and expressed concern about a second claim being filed; she told me that a second claim filed for anything within three years would result in her coverage being canceled. Details of her situation are described in the attached May 27th letter. One other neighbor, Gary and Mary Mead at 1126 Harrison St., experienced damage from at least one of those sewer backups, and filed a claim with her insurance company. We are contacting them about potential out-of-pocket costs that they paid. SEWER.bOC DISCUSSION: The City's insurance carrier, League of Minnesota Cities Insurance Trust, was notified about the Anderson's claim.. The LMCIT investigated, and as shown in letter of May 22nd, the claimants' damages were denied. The adjuster for the LMCIT stated that the City has a better than average routine maintenance record, and, as the City responded in a timely manner when called,the City would not be found at fault if this issue went to a court. Therefore, according to the LMCIT, from a legal standpoint,the City is under no obligation to reimburse the claimant. However,the Council may wish to consider from a policy standpoint whether it wants to reimburse the claimant for damages,resulting from something which is beyond the property owner's control. The City maintains its sewers on an annual basis. However, tree roots are difficult to completely eliminate; especially in dry weather,they are attracted to the moisture in sewer pipes, and can regrow within a few weeks. This may have been what happened between April 25 and May 8. There are other claims which the City has had against it in the past for backups, for which reimbursement has been considered on a case by case basis. The past practice of the City of Shakopee, from what I can determine,has been to assist the property owner when damage is clearly the City's causing. However, in some cases,commercial sewer companies may unblock an individual service, and that debris is pushed into the City main, which may create a blockage. The City has no knowledge of when that sort of maintenance takes place. There are other cases in which the claimant and City have disagreed. FISCAL IMPACT: Any payment for the property owner would come from the sewer maintenance fund. RECOMMENDATION: If it is the desire of Council to make the Andersons whole,the $400 second claim (to be verified by invoice), and $500 deductible would be the amounts to be reimbursed. We are not recommending that the insurance company be reimbursed for its expense; if there is another claim filed by the homeowner within the three year period, that is an issue with which they will have to deal. I expect to have more information on the Mead expenses by the June 2nd Council meeting. I also recommend that the City establish a policy to reimburse the property owner only the amount of the insurance deductible (up to $500), or the actual out of pocket expense, whichever is less,per occurrence. This will encourage people to maintain adequate homeowners' insurance. Again,whatever is established by the Council will be seen by others with similar circumstances; if this is approved as outlined, it may initiate other claims which have been dormant. SEWER.DOC ACTION REQUIRED: If the Council desires, it should, by motion, authorize payment in the amount of$900 to Chris and Beth Anderson, 1117 Harrison Street, for out of pocket expenses incurred by two sewer backups at that location. It should further consider similar action on a potential claim by the Meads at 1126 Harrison. It should further, by motion, state that any other claims to be considered by the Council will be for damages caused by issues that are clearly the City's responsibilities; and that payment be limited to the amount of the insurance deductible(up to $500)or actual out of pocket expense, whichever is less,per occurrence. 1w1k4_A Mark McNeill City Administrator MM:tw CC: Bruce Loney, P.W. Director Gregg Voxland, Finance Director SEWER.DOC • a 4 ALLIED ADJUSTERS BRANCH OFFICES Minnesota Albert Lea P.O.Box 948•All•ert Lea.MN 5r 07 507-373-7502 eainenl May 22, 1998 P. O. Box 583479 P.o.Box 763•Brainerd,MN56401 Minneapolis, MN 55458-3479 218828 8258 (612) 376-4300 DuluthFax No. : (612) 376-4399 P.O.Box 56•Duluth,MN 55801 218-723-8339 Fairmont P.O.Box 15•Fairmont,MN 56031 507.235.5565 Mr. and Mrs. Chris Anderson Faribaulc 1117 Harrison Street P.O:Box 433•Fanbault,MN 55021 Shakopee, MN 55379 507-334-2217 Hutchinson P.O.Box 159•Hutchinson,MN 55350 320487.9465 RE : BRS Claim No. • 11022525 Mankato Trust Member • City of Shakopee Ro.Box.1523•Mankato,MN56002 Date of Loss • 4/25/98 & 5/8/98 507.387.5468 Claimant • Chris and Beth Anderson &moms Our File No. MPS30295 P.O.Box 666.Owatonna.MN 55060 507451.5644 Dear Mr. and Mrs . Anderson: Rochester P.O.Box 994•Rochester,MN 55903 I represent the League of Minnesota Cities Insurance 507.289-0042 Trust (LMCIT) which provides Liability insurance for ;t.Cloui the .City of Shakopee, Minnesota. P.O.Box 1163•St.Clou,i,MN ioi,:: 320.259.9760 You unfortunately experienced a backup of sewage vihia into your residence on both April 25 and May 8, P.Boa12S5•Virginia.MN55792 1998 . I have a copy of a letter dated May 7, 1998, which you sent to Mr. Bruce Loney at the City of Wier Shakopee stating your claim and concerns . This PAs Box 915•Willmar.MN562t'I letter will serve as a response to your claim. 320.13W026 Non6Dakota On May 18, 1998, I visited the City and met with and Fargo interviewed Mr. Hullander, Public Works Supervisor. P.O.Box 9255•Fargo,ND 58106 I also reviewed the detailed records the City 701.235.7484 maintained as to theeriodic inspection Gammas P p coon of the Harrison Street sanitary sewer line . P.O.Box 12019•Grand Forks,ND 58209 701.775-3867 The Public believes that a municipality is South Dakota automatically responsible for any damages sustained P.O.Milank Box a property owner as the result of a backup F. Box 1004•Milbank,SD 57253 605.432-6201 originating in a City-owned and maintained sanitary sewer line. This is not the case . For the property Sioux Falls owner toP revail in such claims, they must be able P.o.Boxil74•SiouxFaBs,SDs7101 605.357-0275 Wisconsin Haywood P.O.Box 153•Hayward,WI 54843 P.O.Box 583479 •Minneapolis,MN 55458 • 612-376-4300 • Fax 612-376-4399 715-634.7808 A Division of Berkley Risk Services,LLC Mr. Anderson BRS Claim No. : 1022525 Our File No . : MPS30295 May 22 , 1998 to demonstrate that the municipality somehow was negligent in its installation and maintenance of the sewer lines or in their response to calls for service when a blockage is reported. In this instance, the City of Shakopee, in comparison to adjoining municipalities, does a highly commendable job of inspecting and cleaning the sanitary sewer lines. Such is the case with the Harrison Street line and the lines to which it is connected. Cleaning of this stretch of line was done as recently as March 1997 . No significant problems were encountered in the line by the City crew. Historically, this section of line and attached lines has a record of performance that is essentially trouble free . In terms of the response to reports by you of blockages in the line on April 25 and May 8, 1998, the response of the City crew was both prompt and efficient . In my opinion, this is clearly a case where the City has not acted negligently. Hence, there can be no legal liability on the part of the City as to the damages which you sustained. This will advise you that the League of Minnesota Cities Insurance • Trust (LMCIT) cannot voluntarily reimburse you for damages. Sincerely, ALLIED ADJUSTERS ( _ y 1 1C )1-'•-, James Fritsch JF lal) cc : Bruce Loney, Publi&'Works Director, 129 Holmes Street S, • Shakopee, MN 55379 2 Anderson '' 1117 Harrison St. Shakopee, MN 55379 (a 2 (612)445-0784 May 7, 1998 LL, )' j / 1 998 Mr. Bruce Loney Public Works Director Crni 129 Holmes Street South OF SH Ale •OPEE Shakopee MN, 55379 Dear Bruce; On April 25, 1998, a sewer blockage caused back-up water to flood a portion of the lower level of our house. We immediately contacted the Roto-Rooter Company since we thought the problem was our sewer drain. Another resident along Harrison Street had already contacted City officials to complain about similar water problems. City employees then informed us that the problem was a blockage was in the City's sewer line along Harrison Street. Approximately two hours later, the City had the lines cleared and our drains worked properly. The water had been about two inches deep in our furnace/utility room. Our unique duct system equipped with basement floor vents minimized the amount of water damage sustained to our finished basement. However, we still had plenty of clean-up work, wet sheet rock, wet/dirty carpet, damaged tile floors, damaged shelves, and stained walls. Upon your advice, we contacted our insurance company and filed a sewer back-up claim. In addition, you stated to inform the City about the incident to determine who is responsible for damages. Our insurance agent, recognizing the needs of the homeowner, contacted a contractor to come and assess the damage. Just a few days ago, we received a check (minus the deductible) from our insurance company for repairs to get our house back to the way it was prior to the unfortunate incident. In addition, our insurance company informed us this claim will go against our record and can effect our insurability in the future. They stated that if we file an addition claim that is not as a result of an act of nature or determined to be the responsibility of third party within the next three years, our coverage is in jeopardy of being dropped. Not only are we being held responsible for our deductible but are facing the real possibility of losing our insurance coverage of our home. Is it not true, the homeowner is responsible if the line blockage that causes the sewer back-up is from the house to the street, however, the City is responsible for water problems associated with line blockages in the street system or elsewhere. We need to have resolution on the unfortunate situation. We are asking the City to review our case and make the appropriate decision. Please contact us if you should have any questions. Sincerely, ` '14 C/'iyta Beth & Chris Anderson c: Jim Menden, Agency One Insurance Anderson 1117 Harrison St. Shakopee, MN 55379 (612) 445-0784 May 27, 1998 Mr. Mark McNeal City Administrator 129 Holmes Street South Shakopee MN, 55379 Dear Mark; We certainly appreciate your willingness to listen to our plight involving a public sewer line problem that effected Harrison Street on April 25, 1998 and again on May 8, 1998. On both occasions, city employees reacted promptly and cleared the obstructions. From the incident on April 25, the back-up water had been about two inches deep in our furnace/utility room. Our unique duct system, equipped with basement floor vents, minimized the amount of water damage sustained to our finished basement. However,we still had plenty of clean-up work, wet sheet rock, wet/dirty carpet, damaged tile floors, damaged shelves, and stained walls. With the second incident, the water levels were less, but there was significant sewage that had backed into our basement. The resulting damage due to the second incident was minimized since the floor covering had just been removed. However, we still had to have the affected areas dried and sterilized. Our insurance agent, recognizing the needs of the homeowner, contacted a contractor to come and assess the damage. Just a few days ago,we received a check(minus the deductible) from our insurance company for repairs to get our house back to the way it was prior to the first unfortunate incident. The bill to be paid to the contractor is$3,579.27 for labor and materials ($3,079.27 paid by insurance, $500.00 to be paid by us). The approximate cost for the clean-up of the second backup is $400.00, based upon the invoice received for the first incident. We have not filed an insurance claim for the second back-up in fear of effecting our insurability. Upon the advice of Bruce Loney, Public Works Director, we also contacted the city to determine if the city was negligent. The City's insurance company responded by stating that the city was not negligent of any wrong doing since they adhere to above-average clean-out policies. The letter went on to imply that this is why homeowners have sewer back-up insurance. Yet, in this case, we consider ourselves as innocent victims for simply residing at 1117 Harrison Street. Please realize that our insurance company informed us this claim will go against our record and can effect our insurability in the future. They stated that if we file an additional claim that is not the result of an act of nature, nor 80% covered by a third party within the next three years, our coverage is in jeopardy of being dropped. Not only are we being held responsible for our deductible but are facing the real possibility of losing insurance coverage of our home. In the letter addressed to Bruce Loney, we asked a simple question: Is the city not responsible for water problems associated with line blockages in the street system or elsewhere? In our case, should we be out a deducible of$500 and a claim against our insurance record just for living at 1117 Harrison Street? We need to have resolution on the unfortunate situation. We are asking the City to review our case and make the appropriate decision. Please contact us if you should have any questions. Sincerely, Beth &Chris Anderson