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Home My WebLink About08/04/1998 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 4, 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 r /- 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 June 2, 1998,June 30, 1998, Special Session, and June 30, 1998,Work Session *11] Approve Bills in the Amount of$415,082.73. 12] Communications: 13] 7:00 P.M. Public Hearings A] Proposed vacation of alley ROW within Block 73, Original Shakopee-Res.No. 4957 B] St. Francis Regional Medical Center proposal that the City issue$13,000,000 Revenue Bonds - Res.No. 4956 14] Recommendations from Boards and Commissions: None • TENTATIVE AGENDA August 4, 1998 Page -2- 15] General Business A] Police and Fire 1. Fire Relief Association- City Contribution-memo on table B] Barks a_nd Recreation 1. Park Dedication Fees 2. Quotation for Fence Repair-memo on table C] Community Development 1. Appeal of Board of Adjustment and Appeals Determination to Grant a Conditional Use Permit to Shakopee Public Utilities for an Electric Substation 2. Comprehensive Development Plan Amendment to add MUSA for Shakopee Crossings and Valley Green Office Park Livable Communities Demonstration Program-Res.No. 4952 *4. Request of EverGreen Heights Townhomes for Extension of Purchase Agreement D] Public Works and Engineering 1. Awarding Contract for 17th Avenue from 1/4 Mile West of CSAH 17 to CSAH 17, Project No. 1998-4 Res.No. 4954 - memo on table 2. Approving Plans for 17th Avenue from Sarazin Street to 1/2 Mile East of Sarazin Street, Project No. 1998-5 - Res.No. 4955 E] General Administration 1. Chateau Ridge Developer's Agreement 2. Smoking Ban- Community Center Property- Ord.No. 522 3. Flying Cloud Airport EIS Noise Mitigation Committee Representation *4. Donation from American Legion *5. Hiring of Secretary in the City Clerk's Office *6. Surplus Vehicles 7. Five Year Equipment List 16] Other Business 17] Adjourn to Tuesday, August 18, 1998, at 7:00 p.m. Reminder: August 13, 1998,5:00 p.m.Budget Worksession 1 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting August 4, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes- a"4 , 1998 4. Financial A.)Approval of Bills 5. Informational Items: A.)Update-Downtown/First Avenue Revitalization Committee selection/recommendation of consultant for downtown visioning/strategic planning facilitation 6. Other Business: 7. Adjourn to August 18, 1998 adagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION JUNE 2, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Link called the meeting to order at 7:32 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Amundson/Sweeney moved to approve the April 21, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills DuBois/Amundson moved to approve bills in the amount of$2,700 for the EDA General Fund; $00 for the Blocks 3 &4 Fund; and $98.70 for Seagate. Motion carried unanimously. 5. Downtown/ 1st Avenue Revitalization Committee Recommendation A. Approve Expenditure for Development of Downtown Design Guidelines Paul Snook stated that the EDA is asked to approve expenditures of $7,650 to contract with Thomas R. Zahn and Associates to develop downtown design guidelines per Zahn & Associates' proposal. He said the guidelines will guide the use of the proposed Downtown Facade Loan Program, and will serve as part of the Historic Preservation element of the 1998 Comprehensive Plan. Thomas R. Zahn, Zahn & Associates, approached the podium to discuss the design guidelines. He explained that his office has been involved in historic preservation and research for approximately ten years. He provided samples of completed design guidelines for the Cities of Faribault and Little Falls. He said the design guidelines are intended to give business owners direction as to how they might restore their historic facades and what that entails. These guidelines are full of demonstrations and discuss various elements of buildings, awnings, signs Official Proceedings of the June 2, 1998 Shakopee Economic Development Authority Page -2- and graphics, and paint color selection, as well as new downtown construction, proportion of facades, composition, and rhythm patterns created in the historic facades. The process will begin with the contractors obtaining a general understanding and knowledge of existing data and the architectural and governmental resources to be studied. After the target buildings have been selected, both black and white photographs will be used to show the existing condition, and to generate photo-realism graphics of after-rehab examples. Following the photographing, the Associates will develop design guidelines designed for historic resources found in Shakopee. The Shakopee guide will include an introduction, general design guidelines, basic design principals and common design issues. The design guide applications to existing buildings will include existing, element-labeled photographs opposite proposed labeled "photographic" facade renovations for ten targeted building front facades. The Associates will then present a draft to City representatives and interested business owners for review and comment. A discussion ensued regarding a downtown inventory of historic buildings and whether this would be included. Paul Snook explained that the Downtown Revitalization Committee determined that since a new financial incentive program was being created and would possibly be implemented this year, that the illustrated design guidelines would be needed. He said that the Downtown Revitalization Committee will be recommending to the Planning Commission at a future meeting, that a survey be part of the comprehensive historic preservation element for 1998. In response to a question as to whether or not City staff was qualified to conduct the survey, Thomas Zahn explained that conducting a survey is a time consuming project and requires a fair amount of training. In response to a question as to the application process, Paul Snook explained that the design guidelines will be tied to a facade loan program with financial participation from local banks. He said in order to participate in the program the business owners would agree to follow the guidelines, if approved. He said this would be a privately funded loan program and that the City would not be involved in the loans. In response to a question as to Mr. Zahn's confidence that the design guidelines would be consistent with history, aesthetically pleasing, and accepted by the owner, Mr. Zahn stated he could not guarantee that a property owner would want to reproduce a historic facade. However, he said that the guidelines are designed to give them some direction. He said he could guarantee that whereever possible, historic photographs would be included. Any concerns may be directed to the Historical Society where he gets most of his ideas. Official Proceedings of the June 2, 1998 Shakopee Economic Development Authority Page -3- Brekke/DuBois moved to approve expenditures 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. In response to concerns regarding the quality of residential housing in the downtown area, Paul Snook explained that the City is currently under contract with Community Partners Consultant to apply for a Small Cities Development Program Grant which will address this. If approved, funds will be available from the Department of Trade and Economic Development for commercial and residential projects. In response to a question as to what the goal is and the area involved, Paul Snook stated that the project area would be determined in the process of developing the guidelines. Thomas Zahn explained that the selection of ten buildings is intended to give a variety of examples for the design guidelines. Paul Snook explained that the Historic Preservation Element, which will be recommended at a future Planning Commission meeting, includes developing downtown design guidelines and financing the guidelines with a combination of Metropolitan Council grant funds and City funds, as well as hiring a qualified consultant that specializes in historic preservation. The historic preservation element also calls for the City to work with the Minnesota Historical Society, State Historic Preservation Office to attain Certified Local Government status which qualifies a local government for historic preservation grants and technical assistance. In order to qualify, a city must develop and adopt a historic preservation ordinance and form a historic or heritage preservation commission. In addition, a survey of historic resources must be conducted. The survey would begin in the central business district and work outward as funding becomes available. This would be financed by the Certified Local Government grant funds Motion carried unanimously. 6. Other Business None. 7. Adjournment DuBois/Sweeney moved to adjourn to June 16, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 8:09 p.m. J S. Cox, E.D. . Secretary 1-r Ten Eyck, Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION JUNE 16, 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; Jim Thomson, City Attorney; and Scott County Commissioner, Art Bannerman 1. Roll Call President Link called the meeting to order at 7:27 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes DuBois/Brekke moved to approve the May 5, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Amundson/Sweeney moved to approve bills in the amount of $42.26 for the EDA General Fund; $237.50 for the Blocks 3 & 4 Fund; and $112.43 for Seagate. Motion carried unanimously. 5. Seagate Technology Project: Payment of Assessments and Title Work Paul Snook explained that Seagate Technology has requested that the EDA approve the payment of general and special taxes and assessments on the Mn/DOT property associated with the Seagate Technology Development Project in order to close on the acquisition of the property. He said that part of the agreement includes the acquisition of the Mn/DOT parcel as well as retaining ownership as a public/Seagate parking lot. He said that the title commitment revealed outstanding and delinquent special assessments for County Road 16 curb and gutter. Seagate has indicated they will not pay for the assessments, which total $1,381.22 plus penalties and interest, as the acquisition was delayed. Oficial Proceedings of the June 16, 1998 Shakopee Economic Development Authority Page -2- In response to a question as to why Mn/DOT did not have to pay the taxes on the parcel, Comm. Sweeney explained that the tax itself is $00.00, and that these appear to be unpaid assessment items. Sweeney/DuBois moved to approve payment of assessments, totaling $1,381.22, plus penalties and interest, on the MnDOT property associated with the Seagate Technology development project in order to close on the acquisition of this property. Motion carried unanimously. 6. Other Business None. 7. Adjournment DuBois/Brekke moved to adjourn to July 7, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 7:37 p.m. ur�•tiGlt,, d• elL ith S. Cox '.D.A. Secretary Esther Ten Eyck Recording Secretary 4L4 CITY OF SHAKOPEE .rlemorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: July 30, 1998 • Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 07/17/98 to 07/30/98 . Action Requested Move to approve bills in the amount of $301 . 00 for the EDA General Fund, $452 .30 for the Blocks 3&4 Funds and $1, 934 . 94 for Seagate. E+ II 0 0 0 0 0 0 0 0 0 0 0 0 0 o II H 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II A 11 • • . II aII 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 U II I 0 0 0 0 0 0 0 0 ep 0 d' er a' er II H 1 0 0 0 0 M M M M 01 O 01 0) 01 N II II H 1 r1 r1 r-I ri N N N N 01 N er er d' CO Y CO I O O O O U) U) U) U) III r CO CI m 00 II W I m M r) M V d' et, d' aD 01 O) 01 l0 Il A I H H H H N 11 1 E' 11 It U1 Ii >. n x x X COUlII 0 0 OO I 1 I 0) 0) 0) m I 01 0) 0) r I r r r o . I U) U) U) d' 0: 073 I O o 001 E' a' I o 0 oer CO Cl) Cl) 0 0 ow H H H G. U) U1 U) co Cl) U] U W G. C.L. H 0 0 oa Ix a a H a a aw 03 Cil rzl 4 0) Z C7 0 Cal mcil • 0 0 H ,)S ,)1 ,21 0 in H 0 a 0 H zw zw zwE+ oo >' 4-I U] Z Z Z O U H A D4 ".d m >C H as u: E+ U a' 0 0 H H H U) Z l0 l0 1D N W CO CO w0 'J H H H H M co M d' O O O d, C.) 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Action Requested Move to approve bills in the amount of $22 . 91 for the EDA General Fund, $0 . 00 for the -Blocks 3&4 Funds and $0 . 00for Seagate. 1 0 0 0 0 0 11 E 1 0 0 0 0 o H 1 • 14 O I O O O O O II t at _.. .. _ U H .-1 H H H 11 m 01 rn rn rn II E • II H N N N N N II W N N N N N II W " A � 1 W E 1 pq W I A >4 I tn � I 0 0 t` w In aw o Ea 0 w 0 w E z z 0 ao 0 0 01 H E E E • u a rfa O H H W • a a 3 w W r U N • a 0 U] Ul o w E H 0 . H : m I H rtl a I E 0 • U A 1 z I H W I 0 • I N c d4 N U o W rn • 0 U z 0 • co C) C13 r- A o 44 44 44 44 C) C) H 44 H H H O 44 Z A 0 z HH (.TJ N IX Cl) Ix. Tr 0 a 0 0 H a H 0 E °v 0 0 0 4 w w E H rn 0 L7 A 4 4 A to E E z H 0 0 w H E E 4. CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator T3 SUBJECT: Update -Downtown/First Avenue Revitalization Committee selection/ recommendation of consultant for downtown visioning/strategic planning facilitation MTG DATE: August 4, 1998 This is an informational item. The Downtown/First Avenue Revitalization Committee has concluded its process for selecting a consultant to facilitate a visioning/strategic planning process focused on revitalization of the downtown area. After weeks of deliberation and analysis,the committee, at its June 11, 1998 meeting,voted 7-1 for the services of Bert Stitt& Associates of Madison, Wisconsin. One member abstained from the vote. Please refer to Exhibit A, Downtown/First Avenue Revitalization Committee memo dated June 11, 1998, for more details and background relating to this matter. On July 27, 1998,the Revitalization Committee held a meeting with Bert Stitt& Associates to discuss next steps in the visioning/strategic planning process. Part of that planning included initiating the task of recruiting more volunteers into the effort of preparing for a Interactive Strategic Planning conference/retreat. The Revitalization Committee and additional volunteers will comprise a project steering committee that will work on conference-related activities including promotion, fundraising,budgeting and logistics. At the August 18, 1998 EDA meeting, the Revitalization Committee expects to make formal recommendation to the EDA to enter into a professional services agreement with Bert Stitt & Associates, with the understanding that the EDA will fund a portion of the consultant's fee in order to get the project started, with the remainder to come from throughout the community via the steering committee's fundraising efforts. A contract is currently being drafted and should be available for the meeting on the 18th. vspupdt2.doc 5.X 14 CITY OF SHAKOPEE6.rAA& Li 0A Mme) Memorandum TO: Downtown/First Avenue Revitalization Committee FROM: Paul Snook,Economic Development Coordinator *3 SUBJECT: Visioning/Strategic Planning Consultant; Selection Decision DATE: June 11, 1998 Introduction: The Downtown/First Avenue Revitalization Committee is asked to select one of the two consultants it is considering,Hyett-Palma or Bert Stitt&Associates, for facilitating the visioning/strategic planning process for revitalization of the Downtown/First Avenue area. Background: December 1997 The committee initiated the search for a consultant to facilitate the visioning/strategic planning process by sending out RFP's to three consultants. February-March '98 The committee reviewed the proposals, interviewed each consultant, and discussed what each consultant had to offer. Upon this review,the committee narrowed the field of contenders to two. April '98 The committee further discussed the qualifications of the final two contenders,Hyett- Palma(HP), and Bert Stitt&Associates (BSA). In those discussions,the committee expressed concern over their ability to raise funds to pay the consultant's fee(the committee feels that the majority of the funding should come from the private sector so as to attain broad community buy-in). In addition,the committee decided that before a selection decision is made,the committee needed to be more well-versed on what the visioning/strategic planning process is in order to sell the project locally and get more people involved. The committee requested and received more information on the process and therefore attained a better understanding of it. vspslect.doc May '98 Since one of the consultants, BSA, was going to be in the region on other business, many of the committee members decided to set up a meeting with the consultant to become more informed of their services. the committee also held a second meeting with Hyett- Palma via conference call. Discussion: The committee should decide which consultant provides the best visioning/strategic planning services, and make a selection decision accordingly. In staff's professional opinion, Bert Stitt&Associates provides the following advantages over Hyett-Palma with regard to visioning/strategic planning facilitation services: • A facilitation approach that most closely fits the committee's Request For Proposal • BSA provides organizational development assistance (it appears that Hyett-Palma does not provide this;they recommend the type of organization to create, and who should be involved) • Degree of expertise in visioning/strategic planning facilitation and comprehensive downtown revitalization(trained in the Interactive Strategic Planning process, including Nominal Group Technique and Force Field Analysis; former Downtown Development Coordinator for the Wisconsin Dept. of Development-Main Street Program) • BSA proposes the most open approach to dealing with downtown issues and concerns and related goals and strategies; involving local decision makers and the community at large in a conference/retreat format. • Cost of services • Provides assistance and direction regarding fundraising (Hyett-Palma does not offer this) Staff is of the opinion that Hyett-Palma's services are vital to the revitalization of downtown,but the timing of where the community is currently in the downtown revitalization process(infancy)calls for the services of Bert Stitt& Associates because of their expertise in facilitation and organizational development(including fundraising). vspslect.doc Options: 1. Select Bert Stitt&Associates to facilitate the visioning/strategic planning process for downtown revitalization. 2. Select Hyett-Palma to facilitate the visioning/strategic planning process for downtown revitalization. 3. Delay the selection decision and request additional information from one or both consultants. 4. Do not select Bert Stitt& Associates or Hyett-Palma to facilitate the visioning/ strategic planning process for downtown revitalization, and provide the reason. Staff Recommendation: Staff recommends Option 1, select Bert Stitt&Associates to facilitate the visioning/ strategic planning process for downtown revitalization for the reasons listed in the "discussion" section above, and for the services outlined in their proposal,which is enclosed as Exhibit A. Action Required: The committee should offer and pass a motion to do one of the options outlined above. vspslect.doc 4 144 M'VIC 1 o� -Jun,s I 1, 1198' A Proposal For: Cori ma it40.40 Interactive Strategic Planning to create Community Consensus and Participation in Developing Strategies for the Future of 4 Downtown Shakopee,MN 1. Submitted To: Shakopee Downtown/ 1s`Avenue Revitalization Committee Submitted-By: _ Bert Stitt&Associates,Inc. 120 S.Franklin Street:/Madison,WI 53703 - ' - Telephone:__608/255-2363 FAX 608/255-0701- - E-Mail: berjosti@msn com — E1 T STITT AS ASSOCIATES 161 Interactive Strategic Planning Proposal 1 For Shakopee, Minnesota 11 Table of Contents: 11. • Introduction • ISP Process Methods • Project Timetable Preliminary Arrangements ISP Process • Funding/Fund Raising Principles of ISP • BSA Objectives-' • BSA Tasks • Oversight Committee Tasks • Availability • Additional Services Fund Raising Retail Services Comprehensive Physical Planning • Project Fees!Payment Schedule • References • Qualifications I R �,.•�U rad bib Z4L bbUb COURTYARD DOWNTOWN 1, 004 1 1 I Proposal for I Interactive Strategic Planning Services to 1 Shakopee, Minnesota 1 Introduction Bert Stitt&Associates, Inc. (BSA)has an extensive experience base in downtown devel- opment. The firm has a reputation for jump starting downtown projects that require an extra boost in order to achieve new levels of achievement. The principal consultant, Bert Stitt, has assembled the Interactive Strategic Planning (1SP)process as a tool for creating the energy and focus necessary for comprehensive downtown planning and implementa- tion,with a broad base of citizen participation. ISP Process Methods The ISP process involves several methodologies intended to build consensus, educate, motivate and implement: • Motivation and education will begin with the consultant team of Bert Stitt and Nancy Rhodes guiding a committee for the planning of an all-day conference; • During the planning process, BSA personnel will be available for presentations to various service groups_in the community to explain the process and.answer ques- tions. BSA will also train local ambassadors to make presentations. • At the conference, Nominal Group Technique (NGT) will be used to stimulate brainstorming, build consensus and identify priorities. Force Field Analysis Tech-_. _ nique will be used to analyze goals, identify tasks, and develop teams. • Teams follow up immediately on their objectives through self-directed educational workshops and field trips providing the context for the empowerment, education I and capacity-building process. 1 1 14 Proposal for Shakopee, Minnesota Bert Stitt &Associates, Inc. January 19, 1998 Page 2 I Project Timetable Preliminary Arrangements ements Create Working Agreement, Secure Start Up Funding,Identify where Moneys are Re- ceived[501(o)3 or other],Establish Identity for the Project,Identify Members of the Oversight Team,and Initiate Full Fund Raising Program.A certain mutually agreed upon portion of the total funding for the project,should be secured before actual planning for the conference begins. Depending on the readiness of the group,preliminary work could take as much as three months or as little as one month. ISP Process The actual ISP process requires six months.The centerpiece conference is held late-in the second month, early in the third month or late in the third month.this timing depends on availability of facilities and adroitness of the oversight team in scheduling,task comple- tion, and fund raising. The two to two and one-half months prior to the conference are taken up with logistical arrangements,promoting the event and following through on fundraising. The three to four months after the-event are used for work.group-development, commu- nity education regarding the goals and objectives identified at the conference and coordi- nating communications among and between the work groups and the community. LO. li rt1A 010 Z4Z bbUb COURTYARD DOWN'1'OWN IA006 I Proposal for Shakopee, Minnesota Bert Stitt& Associates, Inc. January 19, 1998 Page 3 Funding / Fund Raising Principles of ISP J BSA operates on the principle that multi-party funding of a strategic planning program for downtown revitalization projects greatly enhances the sense of commitment within the community to seeing that strategic initiatives are carried through. • The cost of strategic planning is best seen as a required down payment on the ultimate downtown improvement investment which may well end up being in the millions of dollars. • Contributions from small businesses,corporations,individual citizens,foundations, and governmental entities make up the `partnership' required for the best,most suc- cessful downtown projects. • The degree that the private sector portion is larger than 50%the project has a greater chance of success. Availability Bert Stitt & Associates, Inc. currently has availability for startup of this project within the month following the February date designated for the Economic Development Authority decision on selecting a consultant for this-project - - __ - l _ - - 4.UUICLTAi(ll llU171vtumv 007 • Proposal for Shakopee, Minnesota Bert Stitt &Associates, Inc. January 19, 1998 Page 4 BSA Objectives • Improve capacity in conducting meetings and meeting participation. • Improve interpersonal communication and relationship skills. • Engage broad community participation in the downtown and community improve- ment process. • Facilitate the development of a shared vision of the future supported by a plan of work to achieve that vision which includes specific goals,objectives and tasks. I • Create a diverse volunteer base to address the priorities and achieve the vision. • Improve the capacity of the community to retain historic attributes of its downtown's past while positioning it for the future. • Improve the level and breadth of knowledge (more information to more people) re- garding specific segments of downtown development and community building. • Position downtown to attract reinvestment in public, commercial, and residential real estate. I • Build the community's sense of pride which will attract new talent and entrepreneu- rial resources. • Create an environment where downtown businesses will increase sales and profit margins. . • Facilitate strategies for restoring the downtown as a stronger contributor to the tax - -base of the community. I.UUKUYAK1 UUIT!N1UIU IjIUUb I Proposal for Shakopee, Minnesota Bert Stitt&Associates,Inc. January 19, 1998 Page 5 1 1 BSA Tasks • Work with local organizers to establish a project oversight team of local people to implement the strategic planning process. • Guide the oversight team in all aspects of this endeavor. I • Oversee the project • Make presentations to organizations in the community regarding the project • Trouble shoot and mediate difficult situations that may arise I • Conduct the conference/retreat • Produce a report of the conference • Orient work groups I • Coordinate meeting schedules throughout the project • Monitor the coordination of diverse work-group activities • Conduct regular town meetings and tent meetings • Attend selected work-group sessions = • Coach work groups-and individuals to improve their productivity • Provide informational resource material to work groups - - - 1 F 1 Proposal for Shakopee, Minnesota Bert Stitt& Associates, Inc. January 19, 1998 Page 6 I I 1 Oversight Committee Tasks • Raise the money to fund the project • Develop a mailing data base for communicating directly to a large constituency of in- terested parties. • Identify and secure the site for the all day conference. • Handle publicity for the conference, including presentations to civic groups, devel- oping and mailing a brochure,coordinating media interviews etc. • Identify and reserve space for follow up meetings. • Print and distribute the conference report • Manage the business side of making the project happen. ��, ..�, _•,•. �••. � - i•hn u1u �� uuuu VVUnl iniw Lv111l1 VII1. YJ U U Proposal for Shakopee, Minnesota Bert Stitt&Associates,Inc. January 19, 1998 Page 7 Additional Services* Fund Raising Fund raising training is available through BSA at an additional fee. Project Intern Often the ISP process is substantially enhanced by the presence of a student who provides an extra increment of energy and direction to the work of the volunteers.'Whether a fee and/or how much can be negotiated directly with the potential intern. Retail Services Retail store design and marketing services are available at additional fee. Comprehensive Physical Planning BSA has working relationships with landscape architecture firms which are_`in tune' with the process of working with community-directed planning. Services available at addi- tional fees. *Further information regarding additional services may be obtained upon request. Project Fees/Payment Schedule Interactive Strategic-Planning: $35,000* - _ BSA fees are due in installments;of$5,000.00 advanceretainer and$5,000.00 in advance of each month's work beginning on the_agreed upon start date and continuing on that an- niversary date each month forsix months. , _ - - * This figure does not include costs of the project-not billed to BSA: Conference facility room rental, meals, equipment rental, .printing and postage. Total estimated at $3,500.00.These costs are covered to a greater or lesser degree by the fees established for attendance at the conference by the Oversight Team. Proposal for Shakopee, Minnesota Bert Stitt &Associates, Inc. January 19, 1998 Page 8 I References Jason Gilman, Jack Potter,President City Planner I Zoning Administrator Waukegan Sunrise City of Onalaska c/a Caldwell Banker 415 Main Street 708 Washington Onalaska, WI 54650 Waukegan,IL 60085 Telephone: 608/781-9537 Telephone: 847/623-7700 FAX: 608/781-9534 FAX: 847/623-438-7167 David Krause,President Margie Steiner Citizens State Bank of St.James LaSalle Bank 123 Armstrong Blvd., South 35 W. Main Street r St. James,MN 56081 Lake Zurich,IL 60047 Telephone: 507/375-3201 Telephone: 84`7/726-4949 FAX: 507/375-3204 FAX: 847/726-4920 x Vern Linnenkamp =- Friends of the Avenue 1409 20th Avenue , Silvis,IL 61282-2062 Telephone: 309/792-4696 I 1 Nancy Rhodes Qualifications I 1 Nancy Rhodes has worked in community organization and development since 1986 and has assisted Bert Stitt&Associates, Inc. with meeting ' facilitation and strategic planning services since 1990. She has also _ provided assistance with public relations, fund-raising, marketing,event organization, and organizational development. • Ms Rhodes efforts in her home town of Viroqua, Wisconsin were • - recognized in a June, 1991• issue of the Wall Street Journal, the October, 1992 Issue of Smithsonian Magazine and the April, 1993 issue of Reader's Digest Her success in galvanizing community interest and activity has helped Viroqua to become a Wisconsin Main Street City. Presently,she owns and operates two successful bed and breakfast inns in Viroqua. I For over seventeen years Ms Rhodes lived and worked in Southern California, where she was the Branch Manager for a national temporary service, an officernanager for a yacht brokerage firm,as well as business entrepreneur and consultant. , Nancy Rhodes received her BA in Social Ecology/Urban Planning-from the University of California-Irvine: She founded the Bed_and Breakfast- Association of Wisconsin's Hidden Valleys, serves on the Board of the Wisconsin Bed and Breakfast Association,-and founded the Vernon County I Tourism Council. She is a actively involved in tourism development and is frequently called upon to speak on tourism and revitalization issues. Bert Stittl�fi ua ' c Q atioms I Bert Stitt is a public participation facilitator and consultant who has worked in the community development field for over twenty years. Mr. Stitt provides meeting facilitation, full participation consultation and strategic planning services to Business Districts,Neighborhoods, Community Groups, Environmental Organizations, Trade Associations, Small Businesses, Social Service Organizations, and Governments. Bert Stitt previously served the Wisconsin Department of Development as Downtown development Coordinator for nine years. During this time he served as resource staff to the development of Wisconsin's Business Improvement District Legislation which was signed into law in 1984. Prior to his work at the Department of Development Mr. Stitt was the manager of the Brady Street Merchant's Association in Milwaukee, Wisconsin. Mr. Stitt has facilitated community participation in over 175 communities, providing motivation for organizational change and helping to bring millions of investment dollars into these communities. Mr. Stitt frequently writes articles on downtown themes and serves as the President of Capitol Neighborhoods, Inc. in.downtown Madison, WI, his home community. He also serves on several boards and committees in service to downtowns. Mr. Stitt received a BA in English Literature from Wayne State University in Detroit. He received Advanced Facilitator Training from.Interaction Associates of San Francisco, California.His article, The Lies of Downtown , appeared in Small Town Magazine in the July-August 1996. He is frequently invited as speaker at community events across the country and conducts workshops and conflict resolution sessions. aikiPPVIC o� -u 11, 1198" A Proposal For: -P1- Commare -AlEmo Interactive Strategic Planning to create Community Consensus and Participation in Developing Strategies for the Future of Downtown Shakopee,MN 4. -1 I Submitted To: Shakopee Downtown/11 Avenue Revitalization Committee - Submitted B Bert Stitt&Associates,Inc. 120 S.Franklin Street:/Madison,WI 5.3703 - Telephone:: :608/255.2.363 - _ - FAX 608/255-0701 E-Mail: :berjosti@msn.com ERT STITT & ASSOCIATES I 01/40/00 WC. 10.1U 1AA U1U LY6 UOUJ UUU1t1X1iJJ) winAiUf1v .f UVJ I Interactive Strategic Planning Proposal 1 For Shakopee, Minnesota Table of Contents: 111 • Introduction • ISP Process Methods !I' • Project Timetable Preliminary Arrangements ISP Process • Funding/Fund Raising Principles of ISP • BSA Objectives- !, • BSA Tasks • Oversight Committee Tasks • Availability • Additional Services Fund Raising Retail Services Comprehensive Physical Planning • Project Fees 1 Payment Schedule . References • Qualifications t 1J:ju rAX slti Z4Z tibu5 COURTYARD DOWNTOWN (0004 1 1 Proposal for Interactive Strategic Planning Services to Shakopee, Minnesota 1 Introduction Bert Stitt&Associates,Inc. (BSA)has an extensive experience base in downtown devel- opment. The firm has a reputation for jump starting downtown projects that require an extra boost in order to achieve new levels of achievement. The principal consultant, Bert Stitt, has assembled the Interactive Strategic Planning (ISP)process as a tool for creating the energy and focus necessary for comprehensive downtown planning and implementa- tion, with a broad base of citizen participation. ISP Process Methods The ISP process involves several methodologies intended to build consensus, educate, motivate and implement: • Motivation and education will begin with the consultant team of Bert Stitt and Nancy Rhodes guiding a committee for the planning of an all-day conference; • During the planning process, BSA personnel will be available for presentations to I various service groups in the community to explain the process and answer ques- tions. BSA will also train local ambassadors to make presentations. • At the conference, Nominal Group Technique (NGT) will be used to stimulate brainstorming, build consensusand identify priorities. Force Field Analysis Tech- nique will be used to analyze goals, identify tasks, and develop teams. • Teams follow up immediately on their objectives through self-directed educational workshops and field trips providing the context for the empowerment, education I and capacity-building process. 1 1 ,' - --__ - --- -- _ Ulla - NI Proposal for Shakopee, Minnesota Bert Stitt &Associates,Inc. . January 19, 1998 Page 2 4 I M Project Timetable IIPreliminary Arrangements Create Working Agreement, Secure Start Up Funding,Identify where Moneys are Re- III ceived[501(c)3 or other],Establish Identity for the Project,Identify Members of the Oversight Team,and Initiate Full Fund Raising Program.A certain mutually agreed upon portion of the total funding for the project should be secured before actual planning for IIIthe conference begins. Depending on the readiness of the group,preliminary work could take as much as three IIImonths or as little as one month. ISP Process IThe actual ISP process requires six months.The centerpiece conference is held late-in the second month, early in the third month or late in the third month.this timing depends on availability of facilities and adroitness of the oversight team in scheduling,task comple- tII ion, and fund raising. I The two to two and one-half months prior to the conference are taken up with logistical arrangements,promoting the event and following through on fundraising. -I The three to four months after the event are used for work group development, commu- nity education regarding the goals and objectives identified at theconference and coordi- nating communications among and between the work groups and the community. I _ . _ _ I _ 1 U1/LU/00 tub 10.11 rAA bib Z4Z bbUb COURTYARD DOWNTOWN 10 006 1 Proposal for Shakopee, Minnesota Bert Stitt& Associates, Inc. January 19, 1998 Page 3 Funding / Fund Raising Principles of ISP J BSA operates on the principle that multi-party funding of a strategic planning program for downtown revitalization projects greatly enhances the sense of commitment within the community to seeing that strategic initiatives are carried through. , • The cost of strategic planning is best seen as a required down payment on the ultimate downtown improvement investment which may well end up being in the millions of ' dollars. • Contributions from small businesses,corporations, individual citizens,foundations, 1 and governmental entities make up the `partnership' required for the best,most t sue- cessful downtown projects. - _ 1 • The degree that the private sector portion is larger than 50%the project has a greater chance of success. Availability Bert Stitt & Associates, Inc. currently has availability for start up of this project within the month following the February date designated for the Economic Development Authority decision on selecting a consultant for this-project - 1 uti avi au J.Uu tV•it OOUO UUUKIYAKU UUIYIVIUYtN 1-0007 Proposal for Shakopee,Minnesota Bert Stitt &Associates, Inc. Page 4 January 19, 1998 BSA Objectives • Improve capacity in conducting meetings and meeting participation. • Improve interpersonal communication and relationship skills. • Engage broad community participation in the downtown and community improve- ment process. • Facilitate the development of a shared vision of the future supported by a plan of work to achieve that vision which includes specific goals,objectives and tasks. • Create a diverse volunteer base to address the priorities and achieve the vision. • Improve the capacity of the community to retain historic attributes of its downtown's past while positioning it for the future. • Improve the level and breadth of knowledge (more information to more people) re- garding specific segments of downtown development and community building. • Position downtown to attract reinvestment in public, commercial, and residential real estate. 1 • Build the community's sense of pride which will attract new talent and entrepreneu- rial resources. • Create an environment where downtown businesses will increase sales and profit margins. • Facilitate strategies for restoring the downtown as a stronger contributor to the tax I - base of the community. f _ 11),, vii a w i i .ii rnn ulu :� uuuo WUKIXARD Punnlom% igJUUtf I Proposal for Shakopee, Minnesota Bert Stitt&Associates,Inc. January 19, 1998 Page 5 ' 1 1 BSA Tasks • Work with local organizers to establish a project oversight team of local people to implement the strategic planning process. • Guide the oversight team in all aspects of this endeavor. I • Oversee the project - • Make presentations to organizations in the community regarding the project • Trouble shoot and mediate difficult.situations that may arise I • Conduct the conference/retreat • Produce a report of the conference ' • Orient work groups I • Coordinate meeting schedules throughout the project • Monitor the coordination of diverse work-group activities t • Conduct regular town meetings and tent meetings • Attend selected work-group sessions = • Coach work groups and individuals to improve their productivity _ — - • Provide informational resource material to work groups- - 1 1 Proposal for Shakopee,Minnesota Bert Stitt&Associates,Inc. January 19, 1998 Page 6 I Oversight Committee Tasks • Raise the money to fund the project • Develop a mailing data base for communicating directly to a large constituency of in- terested parties. • Identify and secure the site for the all day conference. • Handle publicity for the conference, including presentations to civic groups, devel- 1 oping and mailing a brochure,coordinating media interviews etc. • Identify and reserve space for follow up meetings. • Print and distribute the conference report • Manage the business side of making the project happen. ul/LUiuo 13:12 FAX 616 24Z tibUb COURTYARD LUWAimm 181010 1 Proposal for Shakopee,Minnesota Bert Stitt&Associates,Inc. January 19, 1998 Page 7 Additional Services* Fund Raising Fund raising training is available through BSA at an additional fee. Project Intern Often the ISP process is substantially enhanced by the presence of a student who provides an extra increment of energy and direction to the work of the volunteers.Whether a fee and/or how much can be negotiated directly with the potential intern. Retail Services Retail store design and marketing services are available at additional fee. Comprehensive Physical Planning BSA has working relationships with landscape architecture firms which are`in tune' with , the process of working with community-directed planning. Services available at addi- tional fees. *Further information regarding additional services may be obtained upon request. Project Fees/Payment Schedule Interactive Strategic-Planning: $35,000* - BSA fees are due in installments of$5,000.00 advance retainer and$5,000.00 in advance of each month's work beginning on the agreed upon start date and continuing on that an- niversary date each month for six months. -_ * This figure does not include costs of the project not billed to BSA: Conference facility room rental, meals, equipment rental, printing and postage. Total estimated at $3,500.00.These costs are covered to a greater or lesser degree by the fees established for attendance at the conference by the Oversight Team. R • • if Proposal for Shakopee,Minnesota Bert Stitt &Associates, Inc. January 19, 1998 Page 8 I I I References I Jason Gilman, Jack Potter,President City Planner/Zoning Administrator Waukegan Sunrise City of Onalaska do Caldwell Banker 415 Main Street 708 Washington Onalaska, WI 54650 Waukegan,IL 60085 Telephone: 608/781-9537 Telephone: 8471623-7700 FAX: 608/781-9534 FAX: 847/623-438-7167 I David Krause,President Margie Steiner Citizens State Bank of St.James LaSalle Bank 123 Armstrong Blvd., South 35 W.Main Street F St. James,MN 56081 Lake Zurich,IL 60047 Telephone: 507/375-3201 Telephone:Tel84`7/726-4949 FAX: 507/375-3204 FAX: 847/7264920 Vern Linnenkamp Friends of the Avenue = 1409.20th Avenue . -- - _ -- _ Silvis,IL 61282-2062 Telephone: 309/792-4696 T i Y-1 v1L 1 1 Nancy Rhodes Qualifications 1 Nancy Rhodes has worked in community organization and development since 1986 and has assisted Bert Stitt&Associates, Inc. with meeting ' facilitation and strategic planning services since 1990. She has also _ provided assistance with public relations, fund-raising, marketing,event organization, and organizational development. • Ms Rhodes efforts in her home town of Viroqua, Wisconsin were recognized in a June, 1991, issue of the Wall Street Journal, the October, 1992 Issue of Smithsonian Magazine and the April, 1993 issue of Reader's Digest Her success in galvanizing community interest and activity has helped Viroqua to become a Wisconsin Main Street City. Presently, she owns and operates two successful bed and breakfast inns in Viroqua. I For over seventeen years Ms Rhodes lived and worked in Southern California, where she was the Branch Manager for a national temporary service, an office manager for a yacht brokerage firm, as well as business entrepreneur and consultant. Nancy Rhodes received her BA in Social Ecology/Urban Planning-from the University of California-Irvine. She founded the Bed_and Breakfast- - -_- Association of Wisconsin's Hidden Valleys, serves on the Board of the Wisconsin Bed and Breakfast Association,-and founded the Vernon County I Tourism Council. She is-a-actively involved in-tourism development and is frequently called upon to speak on tourism and revitalization:issues. I Bert Stitt Qualifications I Bert Stitt is a public participation facilitator and consultant who has worked in the community development field for over twenty years. Mr. Stitt provides meeting facilitation, full participation consultation and strategic planning services to Business Districts,Neighborhoods, Community Groups, Environmental Organizations, Trade Associations, Small Businesses, Social Service Organizations, and Governments. Bert Stitt previously served the Wisconsin Department of Development as Downtown development Coordinator for nine years. During this time he served as resource staff to the development of Wisconsin's Business Improvement District Legislation which was signed into law in 1984. Prior to his work at the Department of Development Mr. Stitt was the manager of the Brady Street Merchant's Association in Milwaukee, Wisconsin. Mr. Stitt has facilitated community participation in over 175 communities, providing motivation for organizational change and helping to bring millions of investment dollars into these communities. Mr. Stitt frequently writes articles on downtown themes and serves as the President of Capitol Neighborhoods, Inc. in downtown Madison, WI, his home community. He also serves on several boards and committees in service to downtowns. Mr. Stitt received a BA in English Literature from Wayne State University in Detroit. He received Advanced Facilitator Training from Interaction Associates of San Francisco, California.His article, The Lies of Downtown , appeared in Small Town Magazine in the July-August 1996. He is frequently invited as speaker at community events across the country and conducts workshops and conflict resolution sessions. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 2, 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 (8:43 p.m.); R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Dan Hughes, Police Chief; and Jim Thomson, City Attorney. Also present: Scott County Commissioner, Art Bannerman. The Pledge of Allegiance was recited. The following items were added to the agenda: 15.C.4. Evergreen Heights Townhomes, and 15.D.7. Emergency Expenditure for Storm Clean Up. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke stated that he had declared a State of Emergency for Shakopee on May 31, 1998, and read the Declaration of Emergency. He said a response team has been set up and has met twice. The response team includes: Chief of Police, Dan Hughes; Deputy Chief of Police, Jerry Poole; Fire Chief, Terry Link; 2nd Assistant Fire Chief, David Judd; Public Works Director, Bruce Loney; Public Works Supervisor, Michael Hullander; and Mark McNeill, City Administrator. The response team has created a mailing which provides information about the clean up and the City's response to the damage. Mayor Brekke encouraged everyone to use the drop off site for tree related debris in the 500 block of Gorman Street, and noted that non-grindable material and garbage will not be accepted at this site. He said that residents are responsible for getting the tree debris to the curbside for City crews and contract workers to pick up. June 15 is the deadline for pick-up. Saturday, June 20, will be clean up day for collection of other types of debris. The Fire Department will consider burning permits only for rural areas and only for brush. The Fire Department has volunteered to have a limited crew available to assist those 65 and older who are unable to find help for tree clean up. They will also be volunteering to help residents place tarps on damaged roofs. Electrical problems should be directed to Shakopee Public Utilities. Bruce Loney stated that all normal maintenance activity has been suspended and that Public Works has gone into a full scale clean up activity, working 12 hour days with the intent to clean up the debris as soon as possible. They have also contracted with various other private contractors for equipment. He said various rates as well as reduced rates have also been provided for use of the equipment. The plan is to haul all the tree debris to the disposal site where a tub grinder will be used to grind it into wood chips that will later be utilized by the residents. Community Service Workers, Sentence to Serve, and other volunteers are also being used as much as possible. He said the clean up process could take up to two months. He asked for Official Proceedings of the June 2, 1998 Shakopee City Council Page-2- patience and stressed safety during this process. He said that any assistance in hauling the debris to the collection site would be appreciated. Cncl. Sweeney reported that there are four urban areas with outages which encompass several blocks. He said there are scattered site outages throughout the City and explained that one side of a block may have power while the other may not. He said that two properties, side by side, may be serviced by different circuits. There are also two groups of individual services that are down and the disruption is either at the pole or transformer, or in the line going to the property. The other one is on the property itself. He said these cannot be repaired until the damage to the service itself has been repaired by an electrician. He said that damage involving the feed to the building are public utility repairs and will be done as they get to them. He said the first priority is to first get the major circuits energized from the feeders, then those from the major circuits, and finally from the block feeds to the major feeders. Most of the rural subdivisions are functional as they have the advantage of being fed off of the main circuits. He said that 75 percent of the services are currently functional. Mayor Brekke reported that the Damage Assessment Survey is completed and after all totals are tallied a dollar value will be allotted for each increment of damage. Damage eligible for a disaster declaration is: Total Damage, Minus Insurance Reimbursement = Disaster Damage. Two homes were reported as destroyed, 75 with major damage, and 262 with minor damage. The following items were added to the Consent Agenda: 15.A.2. Purchase/Installation of Voice Mail for Police Department, and 15.C.2. Robert Schilz, Jr. Variance to Front Yard Setback - Res.No. 4922. DuBois/Amundson moved to approve the Consent Agenda as Modified. Motion carried unanimously. Cncl. Sweeney gave a liaison report, stating that he met with Scott County Commissioner, Art Bannerman, the County Administrator, Bruce Loney, and Brad Larson and the City Administrator to discuss some of the highway issues. He said total closure was not reached on many of the issues, however, this was a valuable opportunity to discuss concerns with both elected and hired County Administration. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:32 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:10 p.m. DuBois/Amundson moved to approve the minutes of April 21, 1998. (Motion carried under the Consent Agenda.) Official Proceedings of the June 2, 1998 Shakopee City Council Page-3- DuBois/Amundson moved to approve bills in the amount of$228,407.75. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of the easement between Lot 1 and Lot 2,Block 3, Westridge Lake Estates 2nd Addition. Michael Leek explained that the owners are requesting an easement to change the building pads on two lots. The realignment of the common lot line between two parcels will require the vacation of the existing easement and redefine a new easement along the new lot line. He said the Planning Commission has reviewed the request and recommended approval. Darrell Gonyea, 16495 Kenwood Drive, Lakeville, approached the podium and explained that he made the request because he plans to build a home on the lot and would like to save a large oak tree. He said nearly 200 trees were lost in the recent storm. Having no further comments Mayor Brekke closed the public hearing. Link/Amundson moved to approve 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, and move its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed improvements to 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street. Bruce Loney explained that this project is essential to provide a sanitary sewer, storm sewer outlet and a street access for the developing properties. Because the school district is proposing a school along the eastern quarter mile segment of the project as soon as possible, staff recommends constructing the entire 1/2 mile segment of 17th Avenue at this time. The total cost of the project is $920,355. Proposed assessments are $515,000. City collector street, oversizing costs and trail costs are $142,000. The stormwater trunk line paid by the stormwater trunk fee is $262,000. These assessments do not include the right-of-way, much of which will be dedicated for 17th Avenue. Bruce Loney asked for authorization to order the project and to execute a consultant extension agreement with WSB & Associates to complete specs and plans for improvements. In response to a question relating to the location of sidewalks and crosswalks, Bruce Loney stated that a proposed site plan which addresses these issues has been submitted for review. Official Proceedings of the June 2, 1998 Shakopee City Council Page-4- In response to a question regarding the volume of water that would be added to the flow through the housing development, Bruce Loney explained that the design took into account to provide ponding for a large area south of the bypass. He said there are already a number of ponds and the hydrologist feels there is more than enough storage capacity in the ponding systems. He said that the volume may increase but the ponding is sufficient to maintain an acceptable run off rate. He said the system will not be severely impacted, however, there will come a time when it will become necessary to direct the water south. Mayor Brekke asked if anyone present in the audience wished to address the City Council on this issue. Gene Hauer, 523 Timber Court, approached the podium and asked who was going to pay for the sewer assessment. Bruce Loney stated that this is a lateral sanitary sewer and that it is City policy to assess the benefiting properties. Mr. Hauer said a year ago he was told the sewer would be free and he asked why he was being assessed now. Mr. Loney explained that the free sewer that Mr. Hauer was referring to was the trunk sewer. He said that some developer will have to extend the sewer back in order to serve the entire property. He said that lateral service line is essentially what this sewer line is and would be assessed 50 percent to Mr. Hauer and 50 percent to the property to the south. Mayor Brekke asked if there was anyone present in the audience who wished to address the City Council on this issue. There was no response. Having no further discussion Mayor Brekke closed the public hearing. DuBois/Sweeney offered 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 moved its adoption. In response to a question as to whether Mr. Hauer's property is still benefiting from the trunk sewer even though it was not assessed, Bruce Loney said that it is policy to apply a trunk sewer charge to new developments. He said the trunk sewer line was installed at 100 percent of the cost to the trunk sewer fund. He said the proposed sewer line is to extend it westerly along a common lot line between the Hauer property and the Kerkow property. Motion carried unanimously. Official Proceedings of the June 2, 1998 Shakopee City Council Page-5- Link/Amundson move to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc., for consulting services to complete the plans and specifications for the improvements (Project No. 1998-5). Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed amendments to the tobacco ordinance. Judith Cox, City Clerk explained that the City Council was previously asked to give direction to staff on what changes are desired to the City ordinance on tobacco. 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. She said that Julie Woodruff, Minnesota ASSIST, urged the City Council to seriously consider making the City ordinance consistent with the County ordinance. Notices were mailed to all tobacco licensees advising them of this public hearing and that the Council would be considering the County's tobacco ordinance. A copy of Scott County's ordinance was also provided. In addition, there are a few minor issues that have been enacted into State Law which the City needs to bring into their ordinance to be consistent with State Law. The City Attorney was also asked to give a brief comparison of the tobacco regulations set forth by State Law, the County ordinance and the City's tobacco ordinance. Jim Thomson, City Attorney, explained that the State Law enables the City to adopt regulations and also have some regulations in it and allows Cities and Counties to be more restrictive than State Law. Mr. McNeill entered and took his seat. Jim Thomson summarized nine issues to address. The first issue is the license fee. Current City Code has a $100 prorated license fee; the County ordinance is $250 and is not pro-rated; State Law is silent on this. He recommended that this be increased to $175 and that it be renewed annually. The second issue is the training program for employees. Current City Code has no specifics. The County ordinance requires an approved training program and the minimum content is specified; State Law is silent. He recommended directing staff to adopt a provision similar to the County ordinance. The third issue is the compliance checks. Current City Code is silent on this; the County ordinance requires a minimum of one inspection each year; State Law requires a minimum of one per year. He recommended that a provision be added requiring a compliance check at least once per year. Official Proceedings of the June 2, 1998 Shakopee City Council Page-6- The fourth issue is the use of vending machines. Current City Code prohibits vending machines except in facilities where persons under 18 are generally not permitted; the County ordinance has a total prohibition on vending machines; State Law prohibits vending machines except in facilities that cannot be entered at any time by persons under 18. He recommended that the City Code be changed to be consistent with the state law, or if the Council prefers, could adopt a total prohibition on vending machines. The fifth issue is self-service sales. Current City Code prohibits self-service of individual packs, but cartons can be sold from display racks visible to the clerk and alarm-activated; the County and State Laws are identical on this and prohibit self-service sales except in retail stores where 90 percent of their sales are from tobacco related products. He recommended adopting State Law. The sixth issue is the sale by persons under 18. Current City Code prohibits persons under 18 from selling tobacco products without parental consent; the County ordinance prohibits this entirely while the State Law does not address this. He recommended either leaving the ordinance as is, or to adopt an ordinance similar to the County ordinance which has total prohibition. The seventh issue involves penalties on persons who sell to minors. First violation: Current City Code imposes a civil penalty of up to $200 for a first violation, with a suspension up to 10 days. The County ordinance imposes a $300 civil penalty and a 30 day suspension and payment of administration costs of$100. The State Law imposes a minimum penalty of$75. Second Violations: Current City Code imposes a penalty of up to $500 within 12 months and a suspension for up to 20 days. The County ordinance imposes a civil penalty of$700 within 36 months and suspension for 90 days and administrative costs of $125. State Law requires a minimum penalty of $200 within 24 months. State Law does not address suspension or revocation for the first two violations. Third Violations: Current City Code imposes a civil penalty of up to $1000 within 12 months and suspension or revocation. The County ordinance imposes a civil penalty of$1000 within 36 months, revocation, and administrative costs of$150. State Law imposes a minimum penalty of $250 within 24 months and suspension of at least 7 days. At a minimum, he recommended that the civil penalty be increased to be consistent with State Law, requiring a minimum with the maximum at the discretion of the Council. Penalties on Persons Who Sell to Minors: Under the current City Code this is a petty misdemeanor. The County ordinance and State Law are the same, stating that this is a gross misdemeanor with administrative costs of$150. He recommended adopting the State Law. Official Proceedings of the June 2, 1998 Shakopee City Council Page-7- Penalties on Persons Who Furnish to Minors: Current City Code treats this as a petty misdemeanor, the County ordinance and the State Law treat this as a misdemeanor. He recommended adopting the State Law. Penalties on Minors Possessing or Attempting to Possess Tobacco Related Products: Current City Code treats this as a petty misdemeanor, the County ordinance also treats this as a petty misdemeanor but also imposes a civil fine of$100 and administrative costs of$150. The State Law also treats this as a petty misdemeanor. No change was recommended. The eighth issue addresses the Notification to Tobacco Retailers of Amendments to Code: Current City Code does not address this. The County ordinance is the same as the State Law, which states that reasonable efforts must be made to provide 30 days notice. He recommended adopting State Law. Mobile sales are prohibited under both the City Code and County ordinance, while the State Law is silent. No change was recommended. A recess was taken at 8:48 p.m. The meeting re-convened at 9:03 p.m. Mayor Brekke asked if anyone present in the audience would like to address the City Council on this issue. Julie Woodruff, Scott County Coordinator for Minnesota ASSIST, approached the podium and thanked the City Council for holding this public hearing. She said the Coalition asked that the Council seriously consider strengthening the ordinance to match the standards set by the recently adopted Scott County ordinance. Ms. Woodruff stated that the tobacco ordinance that was adopted in 1995 has not worked and is reflected in the continued high rates of non-compliance. She said that compliance checks since 1994 have revealed that teens between the ages of 15 and 17 have purchased nearly 90 packs of tobacco products. She said that 65 of those products were purchased since the tobacco ordinance was adopted. She said that while adult smoking has decreased, a significant increase has been noted in adolescence smoking. The group that is of the most concern are those students who were in 9th grade in 1995. She said that protecting children from tobacco needs to be a public health priority, and asked that the Council consider increasing the tobacco licensee fees and fines to prohibit tobacco vending sales, prohibit self-service of tobacco products, that all tobacco products be placed behind the counter, and for an age restriction on selling tobacco products. Dr. Mike Marin, Medical Director, St. Frances Regional Medical Center, approached the podium and explained that being a former pulmonary internist,he saw first hand how addictive tobacco is and the devastating illnesses and death that may result. He spoke of a man who smoked as a Oficial Proceedings of the June 2, 1998 Shakopee City Council Page -8- teenager and developed a fatal disease. He said this man had asked him what could be done to prevent similar situations. Mr. Marin then asked the Council to consider the ordinance. Joe Zieska, Super America, approached the podium and stated that he applauded the Council's efforts to strengthen the Tobacco ordinance. However, he said he has a number of clerks under 18, and he would hate to have to let them go. He asked if there were any statistics that prove that people under the age of 18 are more likely to sell tobacco products to minors. He explained that Super America has a tuition reimbursement plan for college and those who work for Super America from the age of 16 through their college career will be reimbursed up to $4800. This potential benefit would be reduced by $1600 if they cannot work at 16. He said the key to a successful program is in training. He said Super America's policy is to ID up to age 30, and the employees are instructed daily that they will lose their job if they sell to a minor. Alyssa Christenson, Super America, approached the podium and explained that she has been working for the company for a year. She said that she has learned to be responsible and working has allowed her to prove her maturity. She said she knows the consequences and that selling tobacco is not worth losing her job. She said that she, herself smoked at age 17 and found others to purchase tobacco for her. She said that requiring cashiers to be over 18 to sell tobacco products would not have an overall effect on teen smoking, and that the only solution is to ban cigarettes all together. Shelley Koch, Super America, approached the podium and stated that she was greatly influenced by the college reimbursement plan as she graduates this year. She said that the job opportunities are limited for those under 18, and that she would not like to lose her job. Bonnie Sokolou, volunteer American Cancer Society, approached the podium and encouraged the City Council to consider strengthening the ordinance to the standards set by the County. She said her concern is with the sale of cartons, that it is important not to have them accessible to anyone. She said that she also has concerns about underaged children selling tobacco products. She asked whether or not an adult is on the premises at all times, or do they leave the store in the hands of clerks under 18. She said that if there are adults present to sell the tobacco products she did not see why they would need to consider letting those employees under 18 go, or never hire. Barb Marshall, Scott County Commissioner representing Prior Lake, approached the podium and explained that even though the Prior Lake ordinance was the most restrictive in the County, the Commissioners felt the County ordinance needed to be more restrictive yet. She said the ultimate goal is to have the townships and the cities to be consistent so that it is not easy for a teen to find out where the weakest ordinance is. She said consistency will strengthen the Ordinances of all communities. She also said that this is a public health issue for all communities and encouraged the Council to review the ordinance to make it consistent with the County's. Official Proceedings of the June 2, 1998 Shakopee City Council Page -9- Bob Hayes, Manager County Market, approached the podium and referred to a study conducted by Dr. Forester at the University of Minnesota. He said that the study demonstrates that local legislation is ineffectual because the majority of underaged smokers obtain their cigarettes from friends, family and other social sources, and not from other local retailers. He discussed the results of the study, stating that 73 percent of young smokers obtained their most recent cigarette from family or friends, and that two thirds of the young smokers will either give or sell cigarettes to family or friends. He said that more than one half have never even attempted to purchase tobacco from a retailer. He said County Market spends a great deal of time training employees with videos, how to check for ID, and how to handle unruly customers. He said that targeting retailers for youthful smoking is not the way to go about this. He said it would be a hardship for County Market not to have 16 and 17 year old cashiers. He said it would make more sense to focus on educating the young people rather than focusing on the retailers, and urged the Council to stay closer to the State guidelines. He said his biggest concern is not having 16 and 17 year olds in the store. Jean Forster, School of Public Health Faculty, University of Minnesota, approached the podium and said she was surprised to hear her study quoted. She said she was an early advocate of strong city ordinances because her data has always supported the importance of city ordinances. However, she said she strongly objected to the conclusions that Bob Hayes drew from her study. She said the 6000 plus students surveyed were in grades 8-10, they do not encompass the entire range of underaged people who would be urged to use or possess tobacco products, and are all from rural areas. She said that the statistics that Mr. Hayes quoted referred to all respondents who had ever smoked a cigarette. She explained that those who became regular smokers reported that they were buying cigarettes within a month of their first cigarette. She said her study shows that minors who furnish tobacco to other minors are more likely to report having purchased tobacco products than those who do not furnish them. She said that all of the respondents are from small towns and are not representative of urban areas, where tobacco products are more available to young people. Kara Tomczik approached the podium and reported that she had watched an after school special titled "Smoking, Truth or Dare," in which several teenagers were challenged to stop smoking. She said that it took each teenager through an autopsy, showing the damage that smoking can do. In the end, she said all of the teenagers were no longer interested in smoking. There were also four commercials aired by the American Cancer Society. She said she was staffing the phones at the American Cancer Society during this program and reported that the phones continually rang with youth requesting smoking cessation kits. She said these were very young children and that some could not even spell the name of their town. She said that as long as the clerks and others follow the rules they would not have to worry about fines, and strongly encouraged deterring Shakopee youth from smoking. Jim Moldaschel, Holiday Station, approached the podium and stated that the focus should be on education. He said part of the protection of youth should be allowing them to work in retail. He 1 Official Proceedings of the June 2, 1998 Shakopee City Council Page -10- said many of the youth depend on these jobs, and that they would be getting the message that we do not have the confidence in them to believe that they can handle responsibility and accountability in a job. He said that Holiday has many of the same training programs as were mentioned earlier, and has added a machine in which a magnetic strip on a drivers license can be swiped to give the date of birth. Tom Haugen, Stonebrooke Golf Club, approached the podium and asked if the ordinance language regarding mobile sales included a beverage cart on the golf course. Jim Thomson, City Attorney, stated that there is only a generic provision in Shakopee's ordinance on mobile sales. He said there must be a fixed place of business, but that he would have to look into the description regarding the premises for a golf course. Tom Haugen questioned raising the fees, stating that he did not know that this would stop the youth from smoking. He also questioned charging the business more through a fine than the person who smokes. Ann Crawford, St. Francis Regional Medical Center health promotion coordinator, approached the podium and stated she could not agree more, that education is the key to success. She said that as a member of St. Francis, there are corporate strategic goals to be aware of the risk behaviors in the community and to see what they might be able to do to address those behaviors. She said that they have instituted a play called "Too Smart To Smoke." This is a smoking prevention play, it is education and is currently in every school in Scott County for free. She said this will help but is not the only answer. She said sending children out to the retailers after receiving this education, and asking them to sell a product that is not legal for them to have gives them a mixed message. She said that as an under aged seller, those teens are under pressures they should not have to be under. Julie Woodruff approached the podium and stated that Prior Lake, Savage, the County, Eden Prairie, and Chanhassen all have age restrictions in their ordinances. Dave Edquist, Area Manager, Super America, approached the podium and spoke to the troubles in hiring people in Eden Prairie with their restrictive ordinance. He said upon checking with those cities with age restrictions, you will find that not much has changed as far as under aged smoking. Tom Harbinson, Scott County Attorney, approached the podium and thanked the City Council for taking another look at the tobacco ordinance. He said the issue is that the law regarding sale of tobacco products to children is a good law. He said this is a moral issue and that the Food and Drug Administration has stated that nicotine is an addictive drug. He said minors cannot sell alcohol and that liquor store owners cannot hire minors to sell alcohol. In response to previous comments regarding the sale of self service cigarettes, that the County ordinance matched the State statute, he said this was incorrect. He explained that the State Official Proceedings of the June 2, 1998 Shakopee City Council Page -11- statute prohibits the sale of single packs of cigarettes. The County ordinance prohibits self service. He asked that the County ordinance be followed rather than the State statute. He said he was concerned about this because compliance checks conducted in March of 1994, showed that 10 of 17 stores sold tobacco to minors. The compliance checks conducted in November of 1997 showed 12 of 28 stores were still selling cigarettes to minors. He urged the adoption of a provision that is an affirmative defense to a charge under the 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. He said merchants can avoid fines by asking for an ID. In response to comments regarding age restrictions and jobs, Mr. Harbinson said this is an important issue because we want to encourage the employment of teenagers. He said it is very common to see a manager called to a cash register for various other reasons and given the importance of this moral issue, the minor inconvenience of having a manager process a tobacco sale would not require firing or not hiring 16 and 17 year olds. In response to comments that this ordinance targets retailers, Mr. Harbinson explained that the ordinance attempts to reduce the number of children using tobacco and to prohibit the sale of tobacco products to children. He said that to reduce the number of children using tobacco, you need an ordinance that does not allow children to use tobacco products and addressees the sale of tobacco products by children. He agreed that the goal is to educate the community and retailers. He concluded by stating that if a merchant requests ID in good faith, he will have a good faith defense. Tom Haugen approached the podium and agreed that tobacco products are legal substances for people 18 years of age, and explained that the selection of a good cigar requires touching and smelling and if behind a counter it is a little tough. Mayor Brekke asked if there were any interested citizens present who wished to address the City Council on this issue. There was no response. Having no further comments Mayor Brekke closed the public hearing. Jim Thomson explained that the State Law prohibits the sale of self service individual packs of cigarettes. Cartons may be sold by self service. However,when Federal regulations are adopted, this provision is no longer in effect. He said the Federal regulations prohibit the sale of cartons. He said the intent of the State Law is not to allow the sale of self service cartons. In response to a question regarding civil penalties and cases caught up in court, Tom Harbinson explained that the Federal Supreme Court has determined that forfeiture laws in general can forfeit property before a criminal adjudication. He said that, in his opinion, it is proper to proceed with civil fines before adjudication on a criminal matter. Oficial Proceedings of the June 2, 1998 Shakopee City Council Page-12- In response to comments that the County is recommending petty misdemeanors and misdemeanors, rather than gross misdemeanors, and whether this is related to who tries them, Tom Harbinson stated that businesses have greater resources than teenagers do. He said gross misdemeanors and misdemeanors are prosecuted by the City. He said there should be a distinction between the stores and the teenagers. In response to a question regarding the difference between petty misdemeanors, gross misdemeanors,and misdemeanors,Jim Thomson stated that the difference is in the level of fines. Petty misdemeanors have a maximum fine of $200 and are not considered crimes. Misdemeanors have a maximum of$700 and up to 90 days in jail. Gross misdemeanors have a maximum fine of$3000 and one year in jail. The following changes were discussed and recommended by City Council to be included in a new tobacco ordinance: License Fee: Increase to at least$175 and review annually. Training Programs: Adopt a provision similar to the County ordinance which states that the program must be approved and the content must be specified. Compliance Checks: Add a provision similar to State Law by requiring a minimum of one per year. Vending Machines: Change the City Code to be consistent with the County ordinance for total prohibition. Self Service Sales: Adopt State Law which prohibits the sale of self service individual cartons. Sales by Persons Under 18: Change to state that all clerks will ID all customers, and that penalty information be added to the parental consent form. Penalties on Licensee: First Violation: Civil penalty of$200; suspension for not less than 1 day and no more than 10 days Official Proceedings of the June 2, 1998 Shakopee City Council Page -13- Second Violation: Civil penalty of$500 within 36 mos; suspension for not less than 1 day and no more than 20 days Third Violation: Civil penalty of$1000 within 36 mos, suspension for not less than 1 day and no more than 30 days or revocation Persons Who Sell to Minors: Adopt State Law-Administrative Penalty of$50; gross misdemeanor Penalty on Persons Furnishing To Minors: Adopt State Law-misdemeanor Penalty for Minors Possessing or Purchasing: No change from current ordinance -petty misdemeanor Notification to Retailers of Amendments: Adopt State Law-Reasonable efforts must be made to provide 30 days notice Mobile Sales: No change from current ordinance - prohibited. Staff was directed to look into the Golf Course question regarding golf carts. Julie Woodruff approached the podium and asked for clarification that all cartons are to be behind the counter. Jim Thomson said that State Law says all cartons and multi-pack units and chew. She also asked that Scott County Human Services also be notified should the tobacco ordinance be amended in the future. No action was taken. However, staff was directed to come back in two weeks with the appropriate ordinance as recommended for approval. There will not be a public hearing at that time. Sweeney/Amundson moved to direct staff to come back with the appropriate ordinance as recommended for Council Approval. Motion carried unanimously. A recess was taken at 10:29 p.m. The meeting re-convened at 10:37 p.m. Michael Leek reported that Dennis Czech has requested that the zoning map be amended for a parcel currently zoned as Highway Business (B-1) Zone to Multiple Family Residential (R-3) Zone. He said that this is in compliance with the current Comprehensive Land Use Plan and that the Planning Commission is recommending approval. Official Proceedings of the June 2, 1998 Shakopee City Council Page -14- Link/DuBois offered 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, and moved its adoption. In response to a question as to whether or not further requests or conditions would be made, Dennis Zech, DMC Co., St. Cloud, approached the podium and explained that no further demands would be requested as a condition of the land next to his parcel. He said screening will be provided as much as possible for the complex. He said the plans include a row of parking with garages between the parking and the building. Motion carried unanimously Mayor Brekke left at 10:45 p.m. and the meeting continued with Councilor DuBois presiding as Acting Mayor. Michael Leek reported that Raymond Ames is requesting Preliminary Plat approval of a development to be known as Pheasant Run, which is located east of the Prairie Village plat and north of Valley View Road. This site is 105.9 acres and proposes 263 single family lots. He said the Planning Commission has reviewed this request and recommends approval. However, due to concerns for the future improvement of Valley View Road, a condition was added which requires the developer to construct a temporary cul-de-sac to prevent access to Valley View Road until the road has been improved and that he provide easements to the City for a temporary cul-de-sac. A discussion ensued regarding easements for a temporary cul-de-sac. Jim Hill, Sr., Consultant for Pheasant Run, approached the podium and stated that the project is anticipated to take five to six years to complete. Bruce Loney also anticipated that the extension of improvements to Valley View Road from County Road 17 to the east will be completed within the next five years. Link/Amundson offered Resolution No. 4907, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of Pheasant Run,and moved its adoption. Sweeney/Link moved to amend Resolution No. 4907 by adding to the last sentence "for the temporary cul-de-sac." Motion carried unanimously. Resolution No. 4907 carried unanimously, as amended. Michael Leek reported that Thompson Land Development is requesting approval of an amended Preliminary Plat for Prairie Village and the Final Plat for Prairie Village 3rd Addition. He said Official Proceedings of the June 2, 1998 Shakopee City Council Page -15- the amendment involves the addition of property to the Preliminary Plat which was previously owned by Raymond Ames, in order to create two additional lots and two outlot areas that will be transferred to Mr. Ames to be incorporated into lots for Pheasant Run. He said the proposed Final Plat creates the two outlots. He said the issue is right-of-way for Mathias Road. The Planning Commission recommended approval as well as the condition that the Preliminary Plat be revised to show Mathias Road continuing to the edge of the Preliminary Plat. They also recommended that the Final Plat be revised to dedicate right-of-way from outlot A for Mathias Road. Michael Leek said that it does make sense to indicate the proposed Mathias Road to the edge of the Preliminary Plat. He said that this creates an obligation for the developer to create the small section of roadway and needs to be carried into the Developer's Agreement. He said this would not be effective as the intent is to transfer ownership to Pheasant Run to create the right-of-way to Prairie Village 3rd Addition. Lee Johnson, Orrin Thompson Homes, approached the podium and explained that in order for everyone to have buildable lots, property has to be transferred. He said that Mr. Ames is joining him in this plat because there has to be some platting process in order to transfer title. Sweeney/Link offered 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, and moved its adoption. Motion carried unanimously. Michael Leek reported that two issues were raised as the result of the review of the Final Plat for Horizon Heights 5th Addition. One was a request from the City of Savage to consider either a roadway or a trail connection from the end of Sunrise Court to the east edge of Shakopee. The other involved the City requiring the developers to provide noise mitigation measures. In response to the noise issue, Michael Leek explained that the Preliminary Plat approval did not require the developer to incorporate noise mitigation measures. He said the concern was that County Road 18 was constructed with a waiver or variance for Scott County, and there was some concern that the City might legally be obligated to provide noise mitigation. The City Attorney has determined that there is no legal obligation for the City to provide noise mitigation, and recommended deleting item five of the resolution which speaks to this. In response to the request for connection from the City of Savage, Michael Leek explained that the concern raised by Savage's request for a connection and relief for County State Aid Highway 42, could be achieved better through Prior Lake and to the south rather than through this subdivision. The Planning Commission has reviewed this request and recommends approval. Steve Muhlenhardt approached the podium and said that he had spoken with the property owner, and said that he plans to be there for the next 20 years. Official Proceedings of the June 2, 1998 Shakopee City Council Page -16- A discussion ensued relating to alternatives for a connection to Savage. Bruce Loney explained that the connection that Savage requested would only be a neighborhood to neighborhood connection, and because the Preliminary Plat has already been approved, the goal to reduce the traffic on County Road 42 would not be met. Link/Amundson offered Resolution No. 4921, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Horizon Heights 5th Addition, deleting item five relating to noise mitigation, and moved its adoption. Motion carried unanimously. DuBois/Amundson moved to authorize the appropriate City officials to enter into the Police Liaison and Education Services Agreement between Independent School District 720 and the City of Shakopee for the 1998-99 school year. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the Police 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. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to support the concept of making application for a COPS MORE '98 grant. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to support 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. (Motion carried under the Consent Agenda.) DuBois/Amundson moved 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. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months, and moved its approval. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution 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., and moved its adoption. (Motion carried under the Consent Agenda.) In response to the request of Cletus Link Construction to release the Developer's Agreement for South Parkview 1st Addition, Michael Leek explained that staff has concluded that they do not have the authority to release the agreement. He said this relates to conditions in the Final Plat Official Proceedings of the June 2, 1998 Shakopee City Council Page-17- Resolution and Developer's Agreements for South Parkview 1st Addition and addresses plantings along County Road 15. Cncl. Link stated that he would be abstaining from the discussion and vote as a Councilmember. Cletus Link, Link Construction, approached the podium and explained that there is one item that was not completed in the Developer's Agreement. He said he is not seeking relief from the item, but would like it amended. He said the Developer's Agreement calls for a buffer of trees along County Road 15. He said he began placing trees down 12th Avenue west to the corner lot, where the trees were placed down County Road 15. He said after placing the trees he was informed he had to remove them due to an easement belonging to the gas company. He said that a problem exists because he is ready to transfer some titles and the lending institutions want the Developer's Agreement removed from the property. He said he wants to place the trees but asked that the condition be removed from the Developer's Agreement, and then tie it to the occupancy permit. He explained that he does not want to do this now because until a survey is approved by the City and construction begins,the property will not be at finished grade. Sweeney/Amundson moved to approve the request for the release of the Developer's Agreement for South Parkview 1st Addition. Motion carried unanimously. Sweeney/Amundson moved to make the issuance of the Certificates of Occupancy for lots in South Parkview 1st Addition conditional upon the completion of tree planting. Motion carried unanimously. A discussion ensued relating to the timing of the issuance of the Certificates of Occupancy and tree planting. It was noted that the Certificate of Occupancy as well as the release of a Developer's Agreement are usually required prior to a closing. Sweeney/Amundson moved to reconsider the previous action. Motion carried unanimously. Sweeney/Amundson moved to release the Developer's Agreement for South Parkview 1st Addition. Motion failed with Cncl. Link abstaining. Mark McNeill reported that the Council has been asked to consider a payment to potentially two properties of the 1100 block of Harrison Street regarding a sewer backup on April 25th. Beth Anderson, 1117 Harrison reported damage from sewer backups into the basement of her house. He said that upon investigation, it was determined that a tree root had grown into the sewer main which caught a high amount of what is believed to be household grease, and created a backup. The stoppage was unplugged and the Anderson's filed an insurance claim which amounted to $3579.27. The Anderson's paid a$500 deductible. Official Proceedings of the June 2, 1998 Shakopee City Council Page -18- A second backup occurred on May 8. Public Works again removed the tree root. The amount of damage from this occurrence was only for a cleaning and disinfecting and was approximately $400. Mrs. Anderson expressed concern about filing a second claim because a second claim within three years would result in her coverage being canceled. Mr. McNeill reported that Gary and May Mead, 1126 Harrison St, also experienced damage from one of the sewer backups and also filed an insurance claim. The City's insurance carrier was notified about the Anderson's claim and damages were denied. The adjuster stated that the City has a better than average routine record, and, as the City responded in a timely manner, the City would not be found at fault if this went to a court. While the City is under no legal obligation to reimburse the claimant, 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. Mark McNeill recommended 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. He said this would encourage people to maintain adequate homeowners' insurance. A discussion ensued as to whether it is the City's responsibility if the problem is in the sewer main. Cncl. Sweeney said the purpose of the sewer charge is to maintain the sewer. Sweeney/Amundson moved to recognize that the City has potential for problems in the sewer main and that sewer backup 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. Motion carried unanimously. Sweeney/Amundson moved to authorize payment in the amount of$787.10 to Chris and Beth Anderson, 1117 Harrison Street, for out-of-pocket expenses incurred by two sewer backups at that location,with receipts. Motion carried unanimously. Mark McNeill reported that the proposed affordable housing development, Evergreen Heights Townhomes, was denied grant funding by a committee comprised of the MFHA, Metropolitan Council, the Minneapolis Public Housing Authority, and the Family Housing Fund. He said the reason for not being selected was concern over the site being adjacent to the fire station and the distance from services. Mr. McNeill explained that the Scott County HRA has requested the Council's endorsement to a letter written to Kathleen Hadley, Chairperson, Minnesota Housing Finance Agency to register displeasure and criticism of the committee's and MHFA's decision. The letter stated that the MHFA funding selection criteria highlights the importance of local support and collaboration, Official Proceedings of the June 2, 1998 Shakopee City Council Page-19- unique features, innovative partnerships and innovative services, all of which seem to have been ignored in the evaluative review of the two competing proposed developments located in Shakopee. The priorities for selection and rank of immediate access to employment and daycare services were questioned,as well as the question as to how a fire station is any less desirable than a multitude of other non-residential land uses that coexist with residential neighborhoods; and why the distance from services is a significant concern. The letter also requested a specific response to concerns and an indication of what reconsideration may be expected. Sweeney/ moved to direct staff to draft a letter supporting the Scott County HRA's displeasure with MHFA's decision(relative to the Evergreen Heights Townhomes grant application) because the MFHA has an obligation to recognize that the City of Shakopee, as a local government, supported this site. Mr. Greg McClenahan, approached the podium and stated that he was puzzled as to the denial. He said he applied for both the mortgage and the tax credits. He said the criteria seem to have been met with local participation, additional needs, residential needs, access to employment, and day care. He said that the Boulder Ridge project was chosen based on a scoring process in which this site lost the funding by one point. Motion carried unanimously. Bruce Loney reported that Scott County has revised the participation agreement for Vierling Drive improvements from Sage Lane to Miller Street to allow the activation of the Emergency Vehicle Preemption (EVP) system. They have agreed to perform routine maintenance of the EVP system while the City is still responsible for replacement and repairs. Sweeney/Link moved to 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 (at CSAH 17 and Vierling Drive). Motion carried unanimously. DuBois/Amundson moved to declare the 1965 Cleaver-Brooks Steamer and the 1974 International Step Van/Sewer Camera Unit surplus property. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the hiring of Philip 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 successful completion of the six month probationary period, effective June 15, 1998, and subject to a successful pre-employment physical. (Motion carried under the Consent Agenda.) Official Proceedings of the June 2, 1998 Shakopee City Council Page-20- Bruce Loney reported that the street lighting policy was reviewed and a policy was prepared for Council approval. However, the following issues still remain: 1. Maintenance and operation of non-standard fixtures and additional lights than allowed by the policy. 2. Street light fixtures other than specified in the policy and 3. Lights at City intersections with County roads. The first change recommended the removal of language so that a developer could apply for a special lighting district should the Utilities Manager not approve of a system. This will allow flexibility and creativity of developers in bringing in different street light fixtures. The second change states that traffic in excess of 2,500 vehicles a day as well as being at a higher speed, should be lighted. Bruce Loney said that staff feels that all City intersections with County roads should have lights. Five specific requests have been received for street lights. There are a total of ten intersections and most are either close or exceed the requirements. He asked the Council whether they wished to light all City street intersections with County roads as determined by the policy. Bruce Loney explained that this is a policy question because for some reason these areas did not get street lights. He said that all future developments against County roads will have street lights. He said the total cost of installing the lights is estimated at $1,000 per intersection if a power pole is nearby. For the ten intersections listed,the total cost would be $10,000. Sweeney/Link offered Resolution No. 4923, A Resolution Adopting a Street Lighting Policy for the City of Shakopee, and moved its adoption. Motion carried unanimously. Link/Sweeney moved to 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. Motion carried unanimously. Bruce Loney reported that the low bid for the 1998 Reconstruction Project No. 1998-1 was submitted by B.H. Heselton, Inc. of Faribault, MN for $888,262.85. The Engineer's estimate was approximately $900,000. He said the feasibility report did not include a watermain estimate of $78,125 so the feasibility report construction cost estimate would be around $919,505.07. More importantly,he said the street and storm sewer construction bid, compared to the feasibility cost estimate, shows that a majority of the assessment costs were in line with the feasibility report. He recommended awarding the contract to B.H. Heselton, Inc., authorize an extension agreement with WSB & Associates, Inc., and a contingency amount equal to five percent of the contract to cover change orders or quantity adjustments. Sweeney/Amundson offered Resolution No. 4920, A Resolution Accepting Bids on the 1998 Reconstruction Project No. 1998-1, and moved its adoption. Motion carried unanimously. Official Proceedings of the June 2, 1998 Shakopee City Council Page-21- Amundson/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services for the City of Shakopee. Motion carried unanimously. Link/Amundson moved to authorize a five percent contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1998-1 Improvement Project. Motion carried unanimously. DuBois/Amundson moved to accept the low quote of$24,466.14 and purchase two aluminum contractor boxes, hoists and hydraulics from Midland Equipment, Inc. for the two recently purchased utility trucks in the Public Works Department. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize that 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. Mark McNeill explained that the City is spending, with the existing equipment and people, above what would normally have been budgeted to Public Works at $8,000 a day. He said this is estimated to total $300,000 or more, and for this reason he said there is a dump site and asked that anyone who has a way of getting debris to the site to do so, rather than waiting for the City. Cncl. Sweeney said additional funds could be taken from past budget surplus, should the Contingency Fund be depleted. Motion carried unanimously. Sweeney/Amundson moved to direct staff to conduct a feasibility study for tree replacement on boulevards and parks. Motion carried unanimously. DuBois/Amundson moved 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. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to table the application for a 3.2 percent malt liquor license from Sabroso Incorporated, 1120 East First Avenue. (Motion carried under the Consent Agenda.) Sweeney/Link moved to adjourn to Tuesday, June 16, 1998, at 7:00 p.m. Motion carried unani sl . e meeting was adjourned at 12:15 a.m. ifth S. ox, ty Clerk er TenEyck,Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA JUNE 30, 1998 Mayor Brekke called the special meeting to order at 7:00 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Mark McQuillan, Parks and Recreation Director and Greg Sticha, Accountant. Sweeney/DuBois moved to accept the special call. Motion carried unanimously. The following item was added to the agenda: 5.A. Tribal Fee to Trust Application. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mark McNeill requested the Council to formally authorize payment of lump sum salary adjustments to four non-contract employees. These employees would be beyond the top step of their respective pay range if the 2.5 percent pay increase was added to their pay step. Mr. McNeill noted that the lump sum payment was to be made June 30, 1998. Sweeney/DuBois offered Resolution No. 4935, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Mark McNeill distributed a memo regarding the Tribal Fee to Trust Application. Mr. McNeill noted that Senator Rod Grams successfully attached an amendment to a U.S. Department of Interior funding bill which would prohibit the Bureau of Indian Affairs from expending any money to process the fee to trust application of the Shakopee Mdewakanton Sioux to put 593 acres of land within Shakopee into trust status. Mr. McNeill recommended calling Senator Wellstone's office to request his support of the amendment or in the alternative, to not fight the amendment when it comes before the full Senate. Mayor Brekke noted that this is the first time this matter has come out of committee supporting the City's position. DuBois/Amundson moved to adjourn the special session. Motion carried unanimously. Meeting adjourned at 7:07 p.m. Respectfully submitted, Olc J d th S. Cox, City Clerk et Vogel Freeman, Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL WORK SESSION SHAKOPEE, MINNESOTA JUNE 30, 1998 Mayor Brekke called the meeting to order at 7:07 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Greg Sticha,Accountant and Mark McQuillan,Park and Recreation Director. Members of the Park & Recreation Advisory Board present were Jon Collins, Jeffrey Kaley and Rick Friedrichsen. Members of the Planning Commission present were: Terry Joos, William Mars, Larry Meilleur and David Nummer. Mayor Brekke turned the meeting over to Mark McNeill who stated that the meeting was for planning purposes as much as budget purposes. Mr. McNeill then asked Gregg Voxland for an overview of the 1999-2003 Capital Improvement Program. Gregg Voxland reviewed the various projects which had been included in the CIP distributed with the agenda packets. Regarding the Park Reserve Fund, Jane DuBois stated that the park dedication fees were low considering the City's growth and recommended that more than a $5,000 per year increase should be considered. Bob Sweeney stated that there is an advantage to using extreme conservatism in projecting estimates. He stated that if the economy were to plummet, the park fees would drop tremendously. Ms. DuBois asked if columns could be included showing the actual dollars received besides projected estimates. Regarding the annual improvement funds, David Nummer questioned whether the State Aid projection was maximizing maintenance or construction, and Mr. Voxland replied all State Aid projections were maximizing construction. Regarding the Building Fund, Larry Meilleur noted that expenses seemed to be concentrated in 2002 and recommended staggering the expenses to lessen the impact and risk. Mark McNeill noted that the City needs time to build up funds and that 2002 is just a target date at this point. Mark McQuillan pointed out that the figures projected by the Park & Recreation Advisory Board went through a process of estimating its figures taking into consideration the unknown referendum outcome. Mr. Sweeney noted that referendums are market value which would have a large impact on the CIP. Terry Link, Fire Chief, approached the podium to address the Fire Department's projects. Chief Link highlighted the following projects: Traffic light sensors put into effect during the next couple of years; the possibility of a new fire station in the area around County Road 16 and East Dean's Lake; replacing the downtown fire station with one on Vierling Drive in Lions Park; and construction of a training facility. Bob Sweeney stated that even if the Fire Department is partially volunteer,the City's classification rating would be a 5. Chief Link stated that if the City obtained two new pumpers, some new truck equipment and a new station,the classification could Official Proceedings of the June 30, 1998 Shakopee City Council Page -2- drop to a 4. Chief Link further stated that he believed residential property would remain a 5 but industrial property would drop to a 4. Regarding construction of Fire Station No. 3, Chief Link noted that the $150,000 currently shown in 2001 should be removed. Regarding the construction of a training facility, Chief Link stated that the Fire Department is currently using old houses but it is becoming difficult to find houses to bum and there are additional issues of asbestos, etc. Deb Amundson suggested working with other communities to share facility training. Chief Link stated that he hoped Scott County was going to become involved. Jane DuBois questioned whether a training facility could be used for other purposes such as police swat training, etc. Cletus Link questioned whether the Fire Department needed administrative assistance with the recent growth, and Chief Link stated he was in the process of addressing this issue. Dan Hughes, Police Chief, then approached the podium to discuss the Police Department's projects. Chief Hughes highlighted the following projects: Replacement of sirens and construction of a new police facility. Regarding the siren project, Chief Hughes noted there are currently 11 siren sites and some of the sirens do not run without power. He further noted that additional sirens will be needed with the recent development and that the older sirens could possibly be retrofitted. Regarding a new police facility, Chief Hughes stated the cost could be reduced if the police worked with other municipal departments. Bob Sweeney suggested the downtown fire station could possibly be retrofitted when it was vacated. Chief Hughes stated that the strategic location would not be as important to the Police Department as it is to the Fire Department and that he would like to see the new facility easily accessible to the citizens. Jane DuBois questioned whether substations would be needed in the future and Chief Hughes replied that there probably would not be enough staff to maintain such a facility. Bruce Loney reported on City Facilities projects. Mr. Loney highlighted the following projects: cold storage facility; Public Works building expansion and a salt storage building. Regarding a cold storage facility, Mr. Loney noted that more space is needed for equipment which space could possibly be built on the existing site. Mr. Loney further noted that the Public Works Department would not need as much office space as is currently used by the Police Department but could possibly retrofit some of the current office space to storage space. Regarding expansion of the Public Works building, Jane DuBois questioned whether some of the funds could come from the sanitary sewer fund since that is part of the Public Works. Regarding a salt storage building, Mr. Loney noted there is no mandate as of now to build such a facility. Bob Sweeney stated that until there is a mandate, no salt storage facility should be built. Mayor Brekke suggested moving the salt storage facility project to 2004+. Mark McNeill noted the library project. Mr. McNeill stated that a new library could be built or the current library could be expanded. William Mars questioned whether the County was considering moving the library out of the City and Mr. McNeill stated he was not aware the County was considering this. Jane DuBois stated that Prior Lake and Savage bonded for a new library without the County's approval and the City may want to push this project ahead. Terry Official Proceedings of the June 30, 1998 Shakopee City Council Page-3- Joos stated he believed the present space was a good location and would not want to see the library moved out of the downtown area. Ms. DuBois agreed with Mr. Joos. Mark McQuillan approached the podium. Mr. McQuillan stated he would concentrate on the 1999 projects. Mr. McQuillan stated that the Park and Rec Advisory Board did not use any referendum monies when calculating their projections. Regarding the earlier question about park dedication fees, Mr. McQuillan noted that the City is still collecting old fees. He further stated that the cost of land is becoming so high that it would be difficult for the City to purchase any land. Mr. McQuillan questioned whether the City should be updating old parks or developing new ones. Jane DuBois questioned where other funding could be obtained other than park dedication fees and Mr. McQuillan replied that other sources could be referendums, grants, etc. Bob Sweeney noted that monies could be line items in the general levy. Mr. Sweeney stressed that the City needs to go to cash depreciation. He stated that this will create a large increase in the budget and the City may need to ease into this process, but the time to go to this system is when there is a surplus such that there is at this time. Mr. McQuillan then highlighted the following 1999 projects: Replacing of playground equipment at Stans Park; Community Center outdoor band shell; stadium press box, restrooms, concessions stand and possible roof at Tahpah Park; installation of accessible surfaces at four different parks; pool filtration system; bituminous trail for County Road 79; Youth Building heating/cooling/water problems. Mr. McQuillan also noted the following 2000 projects: O'Dowd Lake Park roadway and parking, Huber Park boat ramp redevelopment, trail from 4th Avenue to Memorial Park and installation of an irrigation system on the Muenchow Fields. Mr. McQuillan stated that the items past 2000 were big ticket items. Regarding the outdoor band shell, Jane DuBois questioned whether the Lions were considering this project and Mr. McQuillan replied that he did not know. Regarding the Tahpah Park project, Mr. McQuillan noted that this project had been on the books for a long time and he would like to see it completed in 1999. Mr. Sweeney stated that he was not in favor of constructing a full roof. Ms. DuBois questioned whether the parks are for children or adults and Mr. McQuillan replied that the Park & Rec's mission is to serve everyone. He further noted that the City has received many private donations. Mayor Brekke stated that he could see both sides of the issues. Regarding the County Road 79 trail, it was noted that some trails are paid for by the developer. David Nummer stated that the City should look where it has the money for these projects rather than splitting them such as putting construction of a bike trail in the Trail Construction projects instead of Park & Rec project. Regarding the Youth Building, Mr. McQuillan stated that the facility needs new duct work for the air conditioning and that the basement also has a water problem. Regarding the Huber Project, Ms. DuBois questioned if this was a new project, and Mr. McQuillan replied that it was included in the 1993 Master Plan. Mr. Sweeney stated the City needed to know how much space was available next to the Community Center. William Mars stated that the Huber Park is important and should be a top priority. Cletus Link noted that in order for the project to succeed, it was necessary to get past the core of government engineers and flood problems. Mayor Brekke recommended that the Bike Trail project at Vierling and County Road 79 be completed in 1999 instead of the County Road 79 Trail project. Official Proceedings of the June 30, 1998 Shakopee City Council Page-4- Mark McQuillan stated that there probably would not be a bond referendum this fall because the Park & Rec Advisory Board wanted to study all aspects of the issue before approaching the voters. Mayor Brekke noted that the referendum needs to be timed appropriately with voter turnout and stated that even years such as 1998 have good voter turnouts. Bob Sweeney questioned whether a park bond referendum could be the only issue on the ballot. Due to the time, it was determined that the Public Works projects should be a discussion item on the Council agenda. Greg Sticha was thanked for his effort in preparing the Program Summary. Mayor Brekke closed the Work Session at 9:05 p.m. Respectfully submitted, • th S. Cox Clerk Janet Vogel Freeman Recording Secretary /l • r CITY OF SHAKOPEE CONSENT `SENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: July 30, 1998 introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 07/30/98 . 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 including Canterbury Drive) in the amount of $2, 688 .24 . Action Requested Move to approve the bills in the amount of $415, 082 .73 . • • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 07/30/98 CURRENT YEAR • ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -0 0 11 MAYOR & COUNCIL 65,330 2,670 26,291 40 12 CITY ADMINISTRATOR 225,000 11,544 91,935 41 13 CITY CLERK 182,430 11,800 86,052 47 15 FINANCE 326,090 26,321 196,423 60 16 LEGAL COUNSEL 253,500 53,509 167,614 66 17 COMMUNITY DEVELOPMENT 474,700 46,031 246,886 52 18 GENERAL GOVERNMENT BUILDINGS 153,890 8,851 52,802 34 31 POLICE 1,786,920 129,681 952,133 53 32 FIRE 482,560 44,584 220,778 46 33 INSPECTION-BLDG-PLMBG-HTG 261,400 20,347 122,050 47 41 ENGINEERING 442,010 30,436 204,006 46 42 STREET MAINTENANCE 828,580 223,935 528,696 64 44 SHOP 125,890 11,974 56,697 45 46 PARK MAINTENANCE 373;940 30,415 185,174 50 91 UNALLOCATED 635,480 509 366,826 58 TOTAL GENERAL FUND 6,617,720 652,608 3,504,363 53• 17 COMMUNITY DEVELOPMENT 485,570 28,146 213,963 44 TOTAL TRANSIT 485,570 28,146 213,963 44 19 EDA 156,600 4,159 31,489 20 TOTAL EDA 156,600 4,159 31,489 20 lM ri . a) >s as at a 0 a a a aaa a 04040404 04a a a a a a a 0404 a 04 Z H H H H H H H H H R H H H H H H H H H H H H H z fx w 0a1 ag Z 0. 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H H L} t/} t? H C fs. E-1 E+ A H H a a H H . G. z al W F H E-1 E-1 W Z w 4# 4 W 4# x W Z H Z W a E a W E 3 4 w a z W 7 a U cn > U W z A W p; Z H - O H W HZ IX fcC O U] >-. Cs, a CWA H H FG Gni E. C4 k. H a a E aW a v] Z x A E4 4 RG H p.' FC H A H H W G a rr] E+ A A E Z m W x W Z H E co H a p rx W ,C o4 a, w v] rn rr. 0 w U Ey Z• a A ao ,SC H FC O1 H E' w w Z CD E-' W 01 a U E+ W H E' m Cl) a s H U W H w U) O O H N CO 01 0 0 0 0 0 0 U O H H N N N a d' d' U) H M V' U) a) O H H M d' C d' ei' C' Q' N N N r- 4* 4t 4t 4t 4t 3tt 4t 4t 41k *t 3t 3t St 3t w w at. w Cz. w w w w w w w w w w /3. ft. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Vacation of Alley ROW within Block 73, Original Shakopee City Plat APPLICANT: Jerome K. Wampach MEETING DATE: August 4, 1998 Introduction: The City Council received a request from Mr. Jerome Wampach to consider the partial vacation of the alley adjacent to Lots 4 and 5, Block 73, Original Shakopee City Plat. Mr. Wampach is requesting the vacation of the South 1/2 (8 feet)of alley adjacent to said lots. Discussion: Other agencies and city departments have reviewed this application information. City Engineering Department, Shakopee Public Utilities and U.S. West requested the retention of an easement over the alley for access and maintenance of existing utility structures. The Planning Commission reviewed the request at their meeting of July 9th, 1998. The Commission recommended approval of the requested vacation, subject to a retained utilities easement. Alternatives: 1. Approve Resolution No. 4957 approving the requested vacation, subject to a retained utilities easement. 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 of the alley vacation request, subject to a retained utilities easement. Action Requested: Offer and approve Resolution No. 4957, approving the requested alley vacation, subject to a retained utilities easement. i:\commdev\c61998\cc0804\vacwamp3.doe 6 -._,,) \p00000\000,\••,'"..3°11.-.1°- \:: 0 —!. 0000\ , Co' sc . eo-rC 0t°u 4 ...) Of. . 111111 Llio \ Is..... °°4.°E.5" yn (s') 6, 4114-jeiel \ .,) N � iC I d� V st,1 ‘)S 1 - i -44 (1) 3, re (SI) l' AliZ \ , 114*t 2e ,z• 1-3' li 0 \ to 11,05- t 6t toi AN 0 - , .iir 5 4� t0e -0 RESOLUTION NO. 4957 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF ALLEY LOCATED WITHIN BLOCK 73, ORIGINAL SHAKOPEE CITY PLAT CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, alley rights-of-way have been dedicated in Block 73, Original Shakopee City Plat, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right-of-way serves no public use or interest for alley purposes; 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 4th day of August, 1998; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following alley right-of-way in Original Shakopee City Plat, County of Scott, State of Minnesota, serves no further public need for alley purposes: The South one-half(1/2) of alley rights-of-way adjacent to Lots 4 &5, in Block 73, Original Shakopee City Plat, County of Scott, State of Minnesota. RESOLUTION NO. 4957 PAGE 2 OF 2 3. That the right-of-way described above is hereby vacated subject to the following condition; a) That the City reserves, however, to the City of Shakopee, its licensees and franchise holders, a perpetual drainage and utility easement on, under, and over the vacated right-of-way for utilities, with the right to install, maintain, repair, lay and relay utilities by the City, its licensees and franchise holders. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 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. 4957 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. 4957, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 4th day of August, 1998, as shown by the minutes of the meeting in my possession. Dated this day of , 1998 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT ON BEHALF OF ST. FRANCIS REGIONAL MEDICAL CENTER WHEREAS, this Council has received a proposal that the City issue revenue bonds to finance capital improvements (the "Project")pursuant to Minnesota Statutes, Sections 469.152 to 169.165, as amended(the "Act"), on behalf of St. Francis Regional Medical Center(the `Borrower"), a Minnesota nonprofit corporation consisting of the issuance of up to $13,000,000 health care facilities revenue bonds on behalf of the Borrower. WHEREAS, the Project consists of the acquisition, construction, equipping and installation of an approximately 30,000 square foot addition to and remodeling of approximately 9,000 square feet of the existing facilities for inpatient and diagnostic services located at 1455 St. Francis Avenue in the City. WHEREAS, the Borrower has proposed that the City issue one or more series of revenue bonds pursuant to the Act, the proceeds of which will be used to lend to the Borrower to finance the capital improvements and the funding of a debt service reserve, if needed, and certain costs of issuance; and WHEREAS, under the proposal, the Borrower will enter into one or more revenue agreements with the City upon such terms and conditions as are necessary to provide income and revenues sufficient to pay when due the principal of and the interest on up to approximately $13,000,000 revenue bonds of the City(the"Series 1998 Bonds"), the proceeds of which will be loaned to the Borrower to provide moneys for the capital improvements; and the City will pledge its interest in the revenue agreement to secure the Series 1998 Bonds; and WHEREAS, this Council conducted a public hearing on August 4, 1998 on the proposal following a notice stating an estimate of the principal amount of bonds or other obligations to be issued to fund the capital improvements and stating that all parties who appear at the public hearing shall have an opportunity to express their views, orally or in writing, with respect to the proposal; and WHEREAS, the Borrower has agreed to pay any and all costs incurred by the City in connection with the proposed financing whether or not such financing is carried to completion; WHEREAS, the City has been advised that the financing of the capital improvements will not be economically feasible with conventional financing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: That the proposal to finance the capital improvements (the "Transaction") is hereby given preliminary approval, subject to final approval by this Council and by the purchasers of the Bonds as to the terms of the Bonds. Be it further resolved that the issuance of one or more series of health care revenue bonds pursuant to the Act in an aggregate principal amount not to exceed approximately $13,000,000 to complete the Transaction is hereby approved, subject to final approval by this Council of the terms of the bonds and the documents to be entered into in connection with the issuance thereof. Be it further resolved that the Borrower, Faegre & Benson LLP as bond counsel, the Mayor, the City Clerk, the Finance Officer, the City Attorney and other city officers and representatives are also authorized to initiate the preparation of a proposed loan agreement and such other documents as may be necessary or appropriate to the Transaction so that, when and if this Council gives its final approval, the Transaction may be carried forward expeditiously. Be it further resolved that the Borrower is hereby authorized to enter into such contracts, in their own names and not as agents for the City, as may be necessary or desirable for the Transaction by any means available to them and in the manner they determine without -2- advertisement for bids, but the City shall not be liable on any such contracts; that in no event shall the Bonds ever be payable from or charged upon any funds of the City other than amounts payable under the revenue agreement which are to be pledged to the payment thereof; that no holder of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce the payment thereof against any property of the City other than the City's interest in the Project facilities; that the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and that the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. Be it further resolved that this approval of the City Council is given for purposes of the Act and Section 147(f) of the Internal Revenue Code of 1986. M1.394099.01 -3- 1s X3 . 1, CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Park Dedication fees Date: July 29, 1998 INTRODUCTION At a June 30, 1998 City Council Workshop Meeting, Councilor Jane Dubois asked why certain housing developments were paying the old park dedication rates and not the rates approved by City Council last year. BACKGROUND On July 17, 1997,the City Council revised the City's Park Dedication requirements and fees. The new ordinance requires developers of new subdivisions to dedicate 10% of the undeveloped land or pay cash in lieu of land. The fee schedule for park dedication is based on a per-dwelling unit rate for residential and a per acre fee for commercial/industrial property. The fees are based on the following levels: Residential Single-family/Duplex Units $900 Multi-family/Apartment Units $750 Commercial/Industrial Property per acre $4,500 There is no provision in the current park dedication ordinance making the new rates retro- active. In other words, any plat approved prior to the adoption of the new park dedication regulations (1997)will continue paying the old rates. City Attorney Jim Thomson can address the legal implications if the new ordinance is made retro-active. The current park dedication ordinance also does not require the developer to pay future rates when the building permit is issued. Section 12.07, Subdivison 5Bu states: u) "Required land dedication and/or payment in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat,the Council may, at its exclusive discretion, determine the amount of the cash payment required to be made by the developer at the time of the final plat approval, and may enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for lots in said plats. Any such deferment shall be in accordance with the park dedication fees in effect at the time of the final plat approval, and with the provisions of a contract,the form of which shall be approved by the City Attorney, which contract shall designate the amount to be paid in lieu of park dedication for each specific lot in the plat, and which contract shall be file with Scott County recorder as a lien against the property." ALTERNATIVES If Council desires to collect the full impact of park dedication fees, it can amend the subdivision regulations by considering one or more of the following options or combining them in some way: 1. Eliminating the option to defer payment until the building permit is issued and require full payment at the time of final plat approval. 2. Require the developers to pay a percentage (50%...75%) of the fee at final plat approval and the remainder when the building permit is issued. 3. Allow the current practice to continue, but require the builder to pay the current park dedication rate at the time the building permit is issued rather than the rate at the time of final plat approval. 4. Consider adding interest charges for those developers who want to defer fees. ACTION REQUESTED Discuss this issue at the Tuesday,August 4, 1998 City Council Meeting and provide staff direction. 111 ark J. cQuillan Parks and Recreation Director CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill,City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Fence Repairs form Storm damage Date: July 30, 198 INTRODUCTION Staff is requesting City Council's approval to hire Arrow Fence Company to repair the damaged fences caused by last spring's storm at Stans Park,Riverview Park, Tahpah Park and Public Works Yard. BACKGROUND The repair work is covered by our insurance policy which has a$2,500 deductible per occurrence. The deductible amount will be covered 100%by FEMA. Six different fence companies were contacted for repair estimates. Four companies refused to provide us an estimate because they were booked solid for the rest of the summer and fall. We obtained our first estimate July 2 from Midwest Fence Co.the second just last week from Arrow Fence Company. The price quotes are as follows: Midwest Fence Company $20,660.00 Arrow Fence Company $20,100.00 Since the price difference is only$560 we asked both companies how soon could they begin repairing the fence on the tennis courts? Both companies indicated they could begin repairing the fence on Friday,August 7. Staff is recommending hiring Arrow Fence Company. ALTERNATIVES 1.Hire Midwest Fence Company to do the fence work. 2.Hire Arrow Fence company to do the fence repair work. 3. Get a third quote. RECOMMENDATION Alternative#2 ACTION REQUESTED Move to approve the hiring of Arrow Fence Company to repair the fencing at Stans Park, Riverview Park, Tahpah Park and Public Works Yard. onk Mark J.McQuillan Parks and Recreation Director A51 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Zefere and Doreen Lusignan Appeal of BOAA's Decision Regarding Conditional Use Permit for Shakopee Public Utility Commission Electric Substation. MEETING DATE: August 4, 1998 ATTACHMENTS: Attachment A:. 7/18/98 Letter from Zefere and Doreen Lusignan Attachment B: 7/28/98 Letter from R.W. Beck for SPUC Attachment C: 7/9/98 Staff report to the BOAA INTRODUCTION: At its July 9th, 1998 meeting, the Board of Adjustment and Appeals voted 6-0 on a motion to approve a Conditional Use Permit to allow an electric substation and over-height fencing with findings and conditions as proposed by staff. On July 20, 1998, staff received an Appeal application and letter from Mr. and Mrs. Lusignan. The letter is attached for your review. A copy of the staff report to the Board of Adjustments and Appeals is also attached for reference as well as the resolution approving the request. ACTION REQUESTED: Make a motion to either deny the Appeal request upholding the Board of Adjustment and Appeals decision or approve the Appeal request over-turning the Board's decision and direct staff to draft a resolution consistent with that determination. -Jared D. Andrews Planner I ATTACHMENT A a Zefere Lusignan Doreen Lusignan JUL 2.a J998 3650 Eagle Creek Blvd. Shakopee, MN 55379 July 18, 1998 City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear City Council Members, The purpose of this letter and accompanying application is to appeal a decision made July 9, 1998 to grant Shakopee Public Utilities a Conditional Use Permit. That permit, as we under- stand, grants them the right to build an electrical substation within a few hundred feet of our property. Hopefully, in the process of evaluating their decision you will come to the agreement that not only is their decision not in our best interest but that of our neighbors as well. Almost 40 years ago we bought our property, built our home and reared nine children. We have fought to maintain it' s value in spite of many difficult times. We had no recourse when the County made the decision to widen County Road #16 and increase traffic flow. We had no recourse when the State rerouted Hwy. #169 and built the bypass, thereby destroying any view we may have had. And, it goes without saying, that the noise that traffic has created, on that bypass, has made keeping doors and windows open almost intolerable. We do, however, have recourse when progress makes an attempt to devaluate our property and endanger our lives. In conversations with experienced, local, Real Estate agents, they have told us that the value of our property would decrease significantly once that substation is built. It goes without saying, that once it goes on record that it is going to be built we suffer inverse condemnation at the hands of our own city officials. In relationship to our health concerns, we are requesting that the Environmental Quality Board authorize an Environmental Impact Study (if one hasn't already been done) to determine what adverse effects a substation that close to residential property will have on it. The information we have obtained, as it relates page 2 cont. to health issues, indicates that stray voltage emitted by electrical substations warrants grave concerns. Since we built our home we are aware of significant legislation that prohibits the building of homes close to just an electrical tower! We were surprised to learn that another substation was needed, especially so soon after the one that went up just west of Stonebrook. If this substation is need because of Seagate and the expansion of Valley Green Business Park then put it east of County Road #83 where it belongs, and away from residential property. There are numerous sites on which that substation could be built without endangering our lives and destroying what little we have left to live on. We are confident you' ll agree after reviewing the plan that there needs to be more of a buffer zone between residential and indus- trial property than that which was proposed. We can not, nor do we want to, get in the way of progress but we will exercise our rights, to the full extent of the law, to maintain what we have built over the years and trust you will reach the right decision for all concerned. Respectfully, '-/ ere Lusignan Doreen Lusignan ATTACHMENT B July 28, 1998 City Council City of Shakopee p tag 128 Holmes Street South � �v Shakopee,MN 55379 JUL 3 0 1998 Subject: Conditional Use Permit Appeal Dear Council Members: On behalf of Shakopee Public Utilities ("SPU"), the following information is offered to address the concerns raised by Mr. and Mrs. Lusignan in their letter of July 18, 1998 concerning the Conditional Use Permit for the proposed Dean Lake electric substation to be located in the western-most portion of the property bounded by Highway 169 on the north, Eagle Creek Boulevard (County Road 16) on the south and west and Canterbury Downs Road (County Road 83)on the east. ENVIRONMENTAL IMPACT STATEMENT The Lusignans' letter requests an Environmental Impact Statement ("EIS") for the project. Under state regulations an Environmental Assessment Worksheet ("EAW"), and in some cases an EIS, is required for projects if there is the potential for significant environmental effects. As described below, for this project there is no such potential and neither an EAW nor an EIS are required. An EAW is a brief document prepared in worksheet format which is designed to rapidly assess the environmental effects which may be associated with a proposed project. If an EAW is prepared, it is used to determine whether an EIS is needed, and if one is, how broad it must be. An EIS is a more comprehensive analysis of the environmental impacts of the proposed project. As described by Mr. Leeks at the CUP hearing on July 9, the proposed Dean Lake substation project is not included in the category of projects for which a mandatory EAW or EIS is required by state regulations. A mandatory EAW is required by state regulations for projects which include more than 20 miles of new transmission line in Minnesota at a nominal operating voltage of 70 kilovolts' ("kV") or higher. The new transmission lines required for the proposed substation are rated 115 kV (which is higher than the 70 kV threshold) but they are only 140 feet in length and are to be entirely located on the property to be purchased by SPU. The transmission line will be looped in and out of the substation for a total length of 280 feet. For high voltage transmission lines that are capable of operating at a nominal voltage of 200 kV or more an environmental report is required unless the MEQB grants an exemption. The environmental report for such lines is not to be as exhaustive or as detailed as an EIS. 1A kilovolt is 1,000 volts. FILE: 01 00152 10102 0101 \\minmain\public\shakopee\d1 subst\cupappeal.doc 8300 Norman Center Drive,Suite 860 Minneapolis,MN 55437-1030 Phone(612)835-6120 Fax(612)835-5370 City Council July 28, 1998 Page 2 SOUTH SHAKOPEE SUBSTATION DEVELOPMENT In conjunction with the development of the South Shakopee substation, SPU prepared a voluntary EAW. In 1994 SPU purchased property along County Road 78 approximately one-quarter mile west of County Road 17 (Marschall Road) with the intention to develop an electric substation on that site. Because the site was adjacent to a wetland, SPU prepared a voluntary EAW to demonstrate that there was no potential for substantial environmental impact from that project. The Minnesota Environmental Quality Board ("MEQB") reviewed the EAW and determined that there was no potential for substantial environmental effect and that an EIS was not required. The closest residence was 350 feet from the proposed substation. The site along County Road 78 would have required the acquisition of easements on private property for the transmission line that would serve the substation. Subsequent to the EAW hearing, SPU was able to negotiate the purchase of an alternate site along County Road 79 across from Stonebrooke Golf course. This alternate site was located adjacent to the existing transmission corridor and no additional transmission easements were required. This site was also adjacent to a wetland area. SPU obtained the required permits and constructed the South Shakopee Substation on the County Road 79 site in 1996-1997. PROPOSED DEAN LAKE SUBSTATION SITE As described above, the proposed Dean Lake substation is not included in the category of projects for which a mandatory EAW or EIS is required by state regulations. In addition, SPU's experience with the development of the South Shakopee substation, as described above, demonstrates that the proposed Dean Lake substation does not have the potential for significant environmental effect and neither an EAW nor EIS is required. The proposed Dean Lake substation would have less environmental impact than the site along County Road 78 for which the MEQB determined that there was no potential for significant environmental effect and that an EIS was not required. The Dean Lake substation would have less impact than the site along County Road 79 for which SPU obtained the required permits and constructed the South Shakopee substation. The proposed project will require minimal new transmission construction and it will be located adjacent to a corridor which already contains three existing high voltage transmission lines. The substation itself will likewise be located immediately adjacent to the transmission corridor easement. There will be minimal noise during construction or operation and it will be masked by noise from the adjacent highway. There will be minimal traffic in and out of the substation during operation. The project site is not a wetland area and there will be no emissions into the air. File: 01 00152 10102 0101 \'ninmain\public\shakopee\ l substkupappeal.doc City Council July 28, 1998 Page3 STRAY VOLTAGE The Lusignans' letter expresses concern over the potential for stray voltage from the proposed Dean Lake substation. As discussed below,stray voltage was also a concern that was addressed by SPU and the MEQB for the proposed substation along County Road 78. Stray voltage is a difference in voltage measured between two surfaces that may be contacted simultaneously by an animal2. Stray voltage is caused by a voltage differential between the earth and the electric system neutral. Stray voltage is most like to involve animals because there are situations in which parts of their bodies touch the earth while other parts of their bodies are connected to electrical neutral. An example for a dairy cow is during milking when the hoofs are touching the earth and the udder is connected to electrical neutral through the milking machine. Humans are less likely to be in a situation in which one part of their body is touching the earth and the other part of their body is touching electrical neutral. In addition, "cows are much more susceptible to stray voltages because the body impedances (resistances) of cows are much lower than those of humans"3. This means that it takes a higher voltage for humans to be affected by stray voltage. Stray voltage was also a concern that was addressed by SPU and the MEQB for the proposed substation along County Road 78. In that case there was a dairy farm approximately one-quarter mile from the proposed substation site. The concern was resolved by SPU agreeing to monitor earth to neutral voltage on the dairy farm and take corrective action if there was evidence of elevated voltage. If the earth to neutral voltage is higher than acceptable, there are a number of methods that can be used to correct the situation. Typically the solution involves the installation of equipment to isolate the neutral conductor on the electric service wires of the customer affected from the neutral on the rest of the electric system. This solution eliminates the problem of stray voltage. Likewise,if directed by the Council and if the Lusignans agree, SPU will monitor the earth to neutral voltage on their property both before and after the substation is constructed. If there is evidence of an elevated voltage, SPU will take corrective action. EMF Although the question of electromagnetic fields' ("EMF") was not mentioned in their letter, the issue was raised at the CUP hearing. EMF is present with all electric lines ranging from 2 Pg.9-4 of Effects of Electrical Voltage/Current on Farm Animals by United States Department of Agriculture,Agriculture Handbook Number 696,1991. 3lbid. Page 7-7. 4 Electromagnetic fields are a physical phenomenon that occur in nature and are caused by electric currents and voltages. EMF is known by more common names depending on the frequency of oscillation File: 01 00152 10102 0101 \\niinmain\public\shakopee\d1 substkupappeaLdoc City Council July 28, 1998 Page 4 transmission lines down to the wiring in homes. In this case any EMF affects of the proposed substation to be located on the north side of County Road 16 (Eagle Creek Boulevard) will be minimal compared to the EMF from the existing transmission lines that are located on the corner of the Lusignan's property as shown on the attached drawing (Attachment 1). The magnitude of EMF is dependent on distance and the location of the existing transmission lines is closer to the Lusignan's residence than the proposed substation. The closest transmission line is the existing 230 kV transmission line and it is approximately 100 feet from the Lusignan residence. There are also the existing 345 kV and 115 kV transmission lines which already cross the Lusignan's property. Since the proposed 115 kV transmission tap lines needed to serve the substation will loop in and out of the substation, any EMF from the small additional length of transmission facilities (two tap lines of 140 feet each) will tend to cancel itself. This is because the direction of the current on one side of the loop into the substation will be opposite to the direction of the current on the other side of the loop into the substation and EMF is dependent on the direction of the current. Likewise the arrangement of the bus structures inside the substation will also tend to cause any EMF to be cancelled out. The structures inside the substation will be`approximately 400 feet from the Lusignan's residence. TRANSMISSION LINE LEGISLATION The Lusignans' letter indicates that they are aware of"significant legislation that prohibits the building of homes close to just an electrical tower". It is not clear what legislation they are referring to but there was legislation passed in 1973 known as the Power Plant Siting Act. The Power Plant Siting Act established certain siting procedures for generating stations that have a capacity rating of 50,000 kilowatts or larger and for high voltage transmission lines of 200 kV or higher. As shown on Attachment 1, in addition to the existing 115 kV transmission line which will serve the proposed substation,there is an existing 230 kV transmission line and an existing 345 kV transmission line in this corridor which cross over a corner of the Lusignan's property on the south side of County Road 16 (Eagle Creek Boulevard). All three lines are within NSP's 225-foot easement which crosses a corner of their property. The original easement for the 230 kV line is dated 1958 and a subsequent easement which encompasses the entire 225-foot corridor is dated 1967. The Power Plant Siting Act and the installation of the proposed 115 kV substation does not change the presence of the existing 230 kV and existing 345 kV transmission lines in the corridor. of the electric and magnetic fields. In addition to EMF from electric power lines at 60 cycles per second, there is also EMF at higher frequencies including radio and television signals,visible light,and microwaves. File: 01 00152 10102 0101 \' inmain\public\shakopee\d1 substkupappeal.doc City Council July 28, 1998 Page 5 VISUAL IMPACT The substation layout as included in the CUP application includes coniferous trees to provide screening around the west, south and east sides of the substation. On the north side of the substation will be a 50-foot fabric screen to provide a barrier to salt spray from Highway 169. As shown on Attachment 1, Attachment 2 (which is a photograph looking toward the Lusignan property in a southwestern direction), Attachment 3 (which is a photograph looking at the proposed site in a westerly direction) and Attachment 4 (which is an aerial photograph of the area in a westerly direction), a large portion of the site is already screened from the Lusignans' view by large coniferous trees that grow along the Lusignans' property on the south side of Highway 16 (Eagle Creek Boulevard). The one area not screened by those trees is the opening of their driveway on County Road 16 (Eagle Creek Boulevard). To address Mr. and Mrs. Lusignan's concern about the visual impact of the substation, if directed by the Council SPU will also provide additional screening by planting trees on the north side of County Road 16 (Eagle Creek Boulevard) across from their driveway as shown on the attached drawing using trees approved by NSP for planting in their transmission easement area. SUBSTATION LOCATION The substation is located in the center of an area that is expected to see an increase in electrical usage over the next 10 to 20 years. The substation will serve not only the industrial park area to the north and east but also commercial and residential growth that is expected to the west, south and southeast of the site. The proposed substation site is currently owned by Valley Green Business Park and is a part of the industrial park area which will be served by the substation. It is part of the area that Valley Green has available for development. Valley Green has entered into an option agreement with SPU for the sale of this property. Valley Green was not agreeable to selling a site east of County Road 83. In addition,a site east of County Road 83 would increase the cost of the project and access to the substation from County Road 83 or County Road 16 would be more difficult. PROPERTY VALUATION The Lusignans indicate that real estate agents have told them that the value of their property would decrease if the proposed substation is built. There is no documentation of the real estate agent's claim and it is not possible to comment on it. An analysis of the impact would have to take into consideration the fact that the project site is already zoned "B-1 Highway Business" and the potential for other commercial developments on the property as well as the fact that there are existing high voltage transmission lines that cross the Lusignans'property and the potential for the Lusignan's property to be re-zoned as it is File: 01 00152 10102 0101 \\minmain\public\shakopee\d1 subst\cupappeal.doc City Council July 28, 1998 Page 6 converted to an urban area in accordance with the Shakopee Comprehensive Plan and any updates. We hope that the above information adequately addresses the concerns raised in the Lusignans' letter and we request that the City Council uphold the conditional use permit granted by the Board of Adjustment and Appeals. Very truly yours, R.W.Beck,Inc. Teo- q"-ctAfre-44-' Kevin Favero,P. E. Executive Engineer c. Mr. and Mrs.Lusignan File: 01 00152 10102 0101 \\minmain\public\shakopee\d1 subst\cupappeal.doc ATTACHMENT 1 SOUTH EDGE OF HWY 169 ROW 1. -....,_ 0 40 ra i,, „,„ A:. ..„, . ....,,,,,.. ,c,, �. —. 44,,,,...0 .,..% -,.., 00(f---i i, ...t. „,:.,..r1111.L...1 V \ \-4-PROP – \ NT Fp �� _115-10ES EDGE. NSP�S — — ()As Fq r rii ` T� _ - ............ ..„-- ^.,, — -'c FISTING " dell . _ � 7 104. - VERTICAL 0, fro VERTI�E3�� \– e< ISTIN�( , 1 ` �C0 VERTICAL 115Ik...+ ' - -�-� - = 4 A � ' X1 76.) ,>. 9 * - .6)4 .- ___7O _ EXISTINGk •� � OPT .230 V " at.); _:....--..._- .....s,... HpRIZ ET EDGE of NT? °Pili* ZEFERE& `\c< DOREEN LUSIGNAN 2R:::) :4*- / C�F R F r LOCATION OF EXISTING CONIFEROUS -' RESIDENCE TREES W z W d Ci P ci- CIMARRON MANAGEMENT GROUP 100 0 100 200 I I I t 1 ( t 1 1 1 1 I I 1" = 100' 28 JULY 1998a °#'47° IU T I]E C It PROS DEAN LAKE SUBSTATION .e. SITE LOCATION ee. •. sero DM ....• ' 21"italriK , : • .......)1 . . •••• ATTACHMENT 2 . i • • •— ,,.;70.,..„.—n:.„... .••• , . . ... 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Y : • Pikr ,' ' ` • ? . „ °.7.-* � Aasi •#1 • r 4. -- •4ro .,- 1F• • L i�!S+t it-- € t • , fir-"'•' a ay r. ; •. ATTACHMENT C CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Jared D. Andrews SUBJECT: Conditional Use Permit for utility service structures with 50 foot fabric fence and 7 foot chain link fence. DATE: July 9, 1998 SITE INFORMATION Applicant: RW Beck Inc. for Shakopee Public Utilities Location: NW corner of CR 16 and CR 83, south of HWY 169 Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Agriculture Preservation(AG)Zone(169 CR 83 Interchange) South: Agriculture Preservation(AG)Zone East: Highway Business(B-1)Zone West: Agriculture Preservation(AG)Zone/Rural Residential (RR)Zone Comp. Plan: 1995 Comprehensive Plan: Commercial ATTACHMENTS Exhibit A, Letter of Intent Exhibit B, Zoning Map Exhibit C, Site Plan INTRODUCTION Shakopee Public Utilities has applied for a Conditional Use Permit to allow an electric utility substation structure located northwest of the intersection of CR 16 and CR 83 and south of the 169 interchange (see Exhibit B). CONSIDERATIONS The proposal also includes a 50 foot high fabric fence to be located north of the substation to prevent salt spray from HWY 169, with a 7 foot high chain link fence surrounding the rest of the substation for security purposes. Coniferous trees are proposed around the outside of the chain link fence. FINDINGS Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states that"In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings. The criteria required for the granting of conditional use permits are listed below with staff findings. Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2 The conditional use-permit will not impede future development and improvement in the area. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads and drainage are provided at the site. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is not in conflict with the Comprehensive Plan. The 1995 Comprehensive Plan designates this area for commercial uses. ALTERNATIVES 1. The Board may approve the conditional use permit as recommended by staff 2. The Board may approve the conditional use permit with revised conditions. 3. The Board may deny the request with revised findings. 4. The Board may continue the public hearing for additional information. 5. The Board may table the request for additional information. RECOMMENDATION Staff recommends Alternative No. 1, approval of the conditional use permit allowing utility service structures and over height fences with conditions as follows: 1. Site must generally conform to the site plans received June 11, 1998. 2. Fabric fence is limited to 50 feet high and chain link fence is limited to 7 feet high. Fences to be installed in accordance with site plans received June 11, 1998. ACTION REQUESTED Offer and pass a motion approving Resolution#PC98-66 as presented. iz':?>,...e/t/21__,,./e...c.----)..--- Jar Andrews Planner I SPUCSTAT.CUP RESOLUTION NO. PC98-66 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR UTILITY SERVICE STRUCTURES AND OVER HEIGHT FENCE LOCATED IN THE HIGHWAY BUSINESS (B-1)ZONE WHEREAS, Shakopee Public Utilities has filed an application dated received June 11, 1998, for a conditional use permit for utility service structures and over height fence under the provisions of Chapter 11 (Zoning) of the Shakopee City Code, Section 11.36 (Highway Business Zone) Subd. 3., and Section 4.03 Subd. 1. (Fence Construction Requirements) WHEREAS, this parcel is presently zoned Highway Business (B-1); and WHEREAS, the property upon which the request is being made is legally described as: Part of the East Half of the Southwest Quarter of Section 9, Township 115, Range 22, Scott County,Minnesota lying north of the north line of County Road Number 16,formerly County Road 11, and which lies southerly and westerly of Parcel 74, as shown on Minnesota Department of Transportation Right of Way Plat No. 70-11, according to the recorded Plat thereof Scott County, Minnesota. WHEREAS, notice was provided and on July 9, 1998, the Board of Adjustment 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the application for conditional use permit No. PC98-66 is hereby GRANTED, subject to the following conditions: 1. Site must generally conform to the site plans received June 11, 1998. 2. Fabric fence is limited to 50 feet high and chain link fence is limited to 7 feet high. Fences are to be installed in accordance with site plans received June 11, 1998. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 9th day of July, 1998. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director Exhibit A June 10, 1998 I IK Board of Adjustment and Appeals City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1351 Subject: Conditional Use Permit Dear Board Members: On behalf of Shakopee Public Utilities ("SPU"), the following information is presented in support of SPU's application for a Conditional Use Permit ("CUP") for the proposed Dean Lake electric substation to be located in the western-most portion of the property bounded by Highway 169 on the north, Eagle Creek Boulevard (County Road 16) on the south and west and Canterbury Downs Road (County Road 83)on the east. PROJECT DESCRIPTION The proposed project is an electric substation which will transform power to a 13,800 volt distribution level from the existing 115,000 volt transmission line in the NSP transmission corridor that runs generally along the southern side of Highway 169. There are three existing transmission lines in this corridor and the substation will be located adjacent to the NSP transmission easement. An initial new 115,000 volt tap structure will be built in the easement to provide a tap to the 115,000 volt line. Two short transmission tap lines will be built within the easement to tie the 115,000 volt transmission line to the substation. A new structure will be used to raise the 345,000 volt line to provide adequate clearance for the 115,000 volt tap lines. The facilities and equipment inside the substation fence will include 115,000 volt termination and switching structures, circuit breakers, transformers (initially one transformer) and a control building. A 50 foot fabric fence will be built along the north fence to prevent salt spray from Highway 169 from contaminating the substation equipment and structures. On the west,east and south sides of the substation there will be a 7 foot chain link fence with protective barb wire on top to prevent unauthorized entrance into the substation area. Evergreen trees will be planted outside of the chain link fence to provide a visual screen. The 13,800 volt distribution circuits will exit the substation underground to serve the West Dean Lake area that is east of Canterbury Downs Road, the industrial park area north of Highway 169, the areas west of Canterbury Downs and along Eagle Creek Boulevard and the area south of Eagle Creek Boulevard. FILE: 0100016 20201 0102 \\minbeck\public\shakopee\dl subst\cup.doc 8300 Norman Center Drive,Suite 860 Minneapolis,MN 55437-1030 Phone(612)835-6120 fax(612)835-5370 Board of Adjustment and Appeal June 10,1998 Page 2 CUP ISSUES The following information responds to the issues identified in the CUP informational packet. 1. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. The proposed electric substation will be located adjacent to the existing NSP transmission corridor and easement in which there are three existing high voltage transmission lines. Other than the short tap lines that will be built within the existing NSP easement to connect the substation to the 115,000 volt transmission circuit, no new high voltage transmission lines will be needed in conjunction with this substation. Immediately north of the substation property will be the right of way of Highway 169. The proposed project will not emit any noise or air pollution that will affect the property in the immediate vicinity. 2. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. The proposed substation will bring an electric power source to the area and will allow surrounding vacant property to develop and improve. 3. Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided. The electric substation will not require any other utilities such as water or sewer. In the enclosed June 4, 1998 letter to Jon Albinson from Patrick Gostovich, the County Highway Department has indicated separate access to County Road 16 will be allowed for the substation and the adjacent parcel. A formal access road permit application for the substation will be made in the near future. The property currently drains north to the ditch along Highway 169 right of way. The substation construction will not significantly affect the existing drainage patterns of the property. Informal contact with the Minnesota Department of Transportation has indicated there is no apparent reason why the substation would not receive a drainage permit. A drainage permit will be requested as soon as design of the substation has progressed sufficiently to define the site grading plan. File: 0100016 202,01 0102 \\minbeck\public\shakopee\d1 subst\cup.doc Board of Adjustment and Appeal June 10, 1998 Page 3 4. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. The property is zoned Highway Business (B-1). Utility structures are a permitted use of B-1 zoned property. 5. The use is not in conflict with the comprehensive plan. The proposed substation will provide a power source to the area which will allow it to develop as provided for in the Shakopee Comprehensive Plan. ADDITIONAL SUBMITTAL REQUIREMENTS The following additional information is attached: • A completed application form • The legal description of the property as Exhibit A • A list of the names and addresses of the owners of all properties situated wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder. • Evidence of ownership or an interest in the property. See the Option Agreement. • The fee. Enclosed is one check for $200 to cover the application fee payable to the City of Shakopee and one check for $19.50 to cover the recording fee payable to Scott County Recorders Office. • A plat or map of the property which shows,at a minimum,all lot lines, existing and proposed structures, driveways, and parking spaces. See attached Site Location Drawing (Attachment 1), General Arrangement Drawing (Attachment 2) and Equipment Elevations Drawing(Attachment 3). Please let me know if you need any additional information concerning this project. Very truly yours, R.W. Beck,Inc. q<kb1/ Kevin Favero Executive Engineer c. Lou Van Hout(SPUC) Jon Albinson(Valley Green Business Park) File: 0100016 20201 0102 \\minbeck\public\shakopee\d1 subst\cup.doc 11° .....la , 4113-0, Ark 11511_P___ :.________.---T---j------ ------ --- ---------------- - -.--.."..m.i'l."14 1_1__V- •t."*.Nr-''.. %.,. .. ===3 -----. v. -116, *- • • ,...' _ 'Af71+1°k __... ..4. \ '"' woo • .iirg_ Exhibit B — -, -- ,------0----,v,s-.4- .- _,_ .,,____, - -, ,,-,.....;-4,,,,,,,..0.- 1,.., ,--..'1.*----7-•''-- -"' -...-7•-:`g 1 --;,..;;I:z•—.--.:,.*-.,li..,4:7 \, :..-.-;,..--......:.--...'.3,-....'.;-, _. :. ...".23,..-......., -,..7._:....-- - • . • 'f-7...-*4`\ •'' • " - . .• -• '' -- -'''''' -----•- ..„. _ - -4.- ile_.. .iii: 01,. ,7...• ,st:,,,, .. ,.... - I .. .; - •-: . - - , . •.--. :V4IV1 itVo4I 44i - -, . . -Z•:.-;_ -;.. 7 • - . i. maw ita. - ait , A ---iirlee .,„„... 7:mult_tiii*____EW .-----''• '' - , ). A :,. t .- _.: . 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Michael Leek, Community Development Director SUBJECT: Application to Metropolitan Council for Plan Amendment to add MUSA for Shakopee Crossings and Valley Green Office Park MEETING DATE: August 4, 1998 INTRODUCTION: Recently, after meeting with Metropolitan Council staff members, the City withdrew an application to add 40-acres owned by Valley Green at the intersection of STH 169 and CSAH 83. On the advice of Metropolitan Council staff an application to add the commercially-guided property owned by Shakopee Crossings and the West Dean Lake Area owned by Valley Green Business Park was informally submitted for review. A copy of that application is attached for the Council's review. On Friday, July 24, 1998 the Metropolitan Council's comments were received. A copy of the comments is also attached for the Council's information. Staff has reviewed these comments, as well Jon Albinson's July 27th comments (attached). It is staff's intention to respond by letter to many of the comments made, and to press ahead with the gathering of additional information for a formal plan amendment application. Mr. Albinson has requested the opportunity to discuss the application and additional steps to be taken regarding this matter. ACTION REQUESTED: No specific action is requested of Council at this time. R. Michael Leek Community Development Director MUSA.doc/RML 1 Metropolitan Council Working for the Region, Planning for the Future July 23, 1998 R. Michael Leek, Community Development Director City of Shakopee J U L 2 4 1998 129 South Holmes Street Shakopee, MN 55379 Re: Shakopee Comprehensive Plan Amendment Eastern Area MUSA Expansion-Informal Review Metropolitan Council District 5 Council Referral No. 16807-1 Dear Mr. Leek: On July 6,1998 the Council received your request for an informal review of the Eastern Shakopee Expansion which would add 555 acres to the current Shakopee Metropolitan Urban Service Area (MUSA). The proposed amendment involves two generally designated areas namely West Dean Lake and Shakopee Crossings. The proposed amendment would be found incomplete for formal review as submitted and there are several issues relating to Council policy. Regional Blueprint and the MUSA According to our files and the 1995 Shakopee Plan on record,these two areas are located outside the current and proposed MUSA through 2010. The information you submitted indicates that the 1995 plan guided these properties for the commercial and industrial land use designations. While this area may be designated for such uses in the long-term,the 1995 plan indicates future staging through 2010 which does not include these areas. Shakopee needs to explain how the timing and staging of this proposed amendment relates to the staging in the 1995 comprehensive plan. The city needs to add a map with existing MUSA designation, existing land uses and future land use staging. Also, changing the timing for urbanization by adding land to the MUSA(without a land trade) implies that greater community growth is expected which would lead to accelerated and/or added service demands having a direct impact on the planning and programming of metropolitan services. Growth trends for the city of Shakopee combined with the current supply of land in the MUSA do not justify adding more land to the city's MUSA at this time. Shakopee has not provided any demographic information, or recent data on the current supply of vacant developable land,which could explain why additional MUSA land is needed now for commercial and industrial purposes. In order for the Council to agree to a MUSA expansion of this magnitude the city needs to document that there is a shortage of commercial and industrial land in the existing MUSA(see Local Planning Handbook of May 1997,pages 3.1 to 3.5). 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer r If, on the other hand the city has an immediate need to add a site(located adjacent to the existing MUSA), such as the Target store mentioned in the proposal, it may want to propose a land trade (see page 3.8 of the Local Planning Handbook). If the city desires to propose a MUSA land trade, or exchange, information on the size and service demands for both the MUSA area to be added and the area to be traded out(excluded)must be included in the formal submittal. Transportation Are the trips generated by development within the proposed areas reflected in the traffic forecasts included in the recently submitted 2020 transportation plan? It would appear to us that they are not, since this amendment is proposed as additional 2000 MUSA land implying accelerated growth and increased traffic flow. If this is the case the city needs to do additional traffic analysis and new programming of local facilities. Given the recently expanded highway system in this area, capacity on the regional system may not be a problem. However, in order for the Council to assess the cumulative impact of traffic from all municipalities on the regional highway system, Shakopee needs to update its staging plan for traffic forecasts. Wastewater It is not clear just how this plan amendment fits with Shakopee plans of record and will fit into the Shakopee Comprehensive Plan update due by December 31, 1998. 1) The city-wide wastewater flow projections within the plan amendment are higher than those prepared by the Metropolitan Council. The 1998 flow for the city was measured at 3.17 MGD. The city has estimated its 2000 flow will be 5.13 MGD. An increase of almost 2 MGD in two years. The MCES has projected a Shakopee flow of 2.32 MGD for the year 2000 and 4.62 MGD in 2010. These projections assumed that Rahr Malting would have its own wastewater treatment plant in operation by the year 2000 which would reduce the city's overall flow by 1 MGD. It is requested that Shakopee modify flow projections by using the 1998 flow of 3.17 MGD as a starting point. 2) The city should provide the MCES with an update on the status of the Rahr Malting WWTP construction including the proposed timing of improvements. The timing of these improvements should be reflected in a projected flow reduction from Shakopee. 3) Currently,the Blue Lake WWTP is scheduled for expansion starting in 2012. This timing assumes that Rahr Malting will cease to add flow to the Metro system and the 2010 flows for the city of Shakopee will be at 4.62 MGD. The proposed amendment states there will be 637,370 gpd of additional flow,but provides no basis for this figure. What is the relationship of this flow figure to Metropolitan Council household and employment forecasts? This added flow would impact the timing for the needed expansion of the Blue Lake plant by more than one year. 4) The city needs to identify the proposed point(s)of tie-in to the metropolitan sanitary sewer system for the proposed amendment areas. Prior to agreeing to any increase in flow for the city of Shakopee the Council needs to assess the plans from other communities in the Blue Lake service area to determine the combined sewer flow impact on the facility. Until that assessment can be made MCES staff would recommend that Shakopee be limited to the current 2010 projected flow of 4.62 MGD. If the proposed Eastern Area MUSA Expansion is submitted as a formal amendment,the city should address the Wastewater element requirements in the Planning Handbook pages 4.6 to 4.10 in order for Council staff to determine how this amendment relates to Shakopee plans on record. Water Supply The water supply section should contain either a letter from the Shakopee Public Utilities Commission that sufficient water capacity exists to serve the proposed addition or include a revised CIP. Surface Water Information is needed discussing specific plans for dealing with stormwater runoff from the site other than the statement that it will be"diverted from Dean Lake". Also. clarify the reference to the"West Dean Lake Feasibility Study"for stormwater runoff information since one of the proposed expansion areas is east of Deans Lake. This completes our informal review of the proposed Eastern Area Plan Amendment. If you have any questions regardin_ e contents of this informal review please contact Carl Schenk, Sector Representative for Sc% aunty at 602-1410 or Bob Davis, Principal Reviewer at 602-1317. Sincer , Richard E. mpson, Supervisor Comprehensive Panning cc: Neil Peterson, Metropolitan Council District 5 Sherry Narusiewicz, MnDOT Bob Davis, Carl Schenk,Phyllis Hanson,Don Bluhm,Roger Janzig,Ann Braden, Jim Larsen, Linda Milashius,Regan Carlson,Lynda Voge, Metropolitan Council Staff From:Judy Conat To:Michael Leek Date:7/27/1998 Time:12:01:12 PM Page 1 of 3 5240 Valley Industrial Boulevard South Shakopee,MN 55379 VALLEY GREEN BUSINESS PARK Tel.No.: 6U-445-9286 Fax No.: 612-904-6875 e-mail: jalbinsonavalleygreen.com http://www.valleygreen.com l i ,i L.), Fa)( JUL 2 7 1998 To: Michael Leek From: Jon R.Albinson Fax: 445-6718 Pages: 3 Phone: 445-3650 Date: July 27, 1998 Re: July 23 Met Council MUSA CC: Steve Soltau—Shakopee Crossings Expansion Review Correspondence Brian Brennan—Allianz of America Phil Carlson—Dahlgren, Shardlow ❑Urgent X For Review 0 Please Comment 0 Please Reply 0 Please Recycle •Comments: Michael, I have read and re-read the above-referenced Met Council letter and offer you the following comments. - This letter was signed by Guy Peterson on behalf of Richard E. Thompson. Peterson was not in our previous meeting with Thompson and the two Met Council staff members at which a variety of comments and representations were made relative to the City's MUSA expansion request. I question whether Thompson even blessed this letter prior to Peterson's signature. - Met Council is asking for a better understanding of the request relative to the 1996 approved plan. The requirement for a detailed MUSA map seems appropriate and will help them understand how the City of Shakopee sees their current available inventory relative to what the Met Council believes may exist. Your staff's previous efforts in defining an inventory was hopefully done relative to the local planning handbook of May 1997(pages 3.lthru 3.5). At a minimum, that part of the project should probably be accommodated to the satisfaction of Met Council staff. It appears from some of the wording that Council staff still sees MUSA in aggregate versus residential MUSA/commercial MUSA/industrial MUSA being separate and distinct. In our meeting with stag it was specifically set forth that these categories were being looked at independently of one another relative to a City's available MUSA inventory. This letter suggests otherwise. C:\SharelProje�ValleyGreen C«porateCermIMUSAE�z ion\ftoMLeekwiths.osswinttoMet Coiari17-23 letter.doc From:Judy Conat To:Michael Leek Date:7/27/1998 Time:12:01:12 PM Page 2 of 3 • July 27, 1998 The Shakopee Crossings development has previously been defined by Met Council as one that has regional significance. To define the City's commercial development needs relative to the City's growth projection, as these may relate to the Shakopee Crossings' commercial expansion, would seem inappropriate if everyone is in agreement that this commercial site has regional implications. Specific reference to the blueprint may be of value here in how it interprets regional scope developments. Their comments on transportation issues seem to me to be incorrect based on my understanding of WSB's recent Draft Transportation Plan. I could be wrong. If so, WSB seems to be the logical vendor of additional services for updating the transportation portion of the City's Comprehensive Plan document with the information they are requesting. As to wastewater, WSB seems to be the appropriate vendor to provide answers to the questions being posed. I have one concern in Item #3 under Wastewater wherein they suggest the relationship to the flow figures needs to be defined by Met Council Household and Employment Forecasts. I recently e-mailed you the 1994 thru 1998 Met Council forecasts, which is interesting to read relative to the change in their forecasts based on how they saw our growth in 1994 and how they see it in 1998. Is there any way we can more specifically define the employment/population/household numbers to qualify what we currently have? As to employment, ADC added 600+ jobs and Seagate will be adding 1,200 jobs in 1999. Employment forecasts for 2000 seem to be somewhat off based on our recent successes in attracting good employers. Item#4 under Wastewater is easy enough to accommodate, and can be provided by WSB. The last paragraph on page 2 discusses the need for Met Council to assess the plans from other communities in how they may be affecting the Blue Lake capacities. Regrettably, we have to assume that the required Comprehensive Plan Amendments being submitted by our neighboring cities is probably the information that will be necessary for the Council to do justice to this determination. If that is true, I suggest we get our plan in as soon as possible instead of on December 31, 1998. If the City of Shakopee can get their plan in, we may be able to look to these MUSA expansions being part of that review and approval, which does have specific time requirements embodied within the requirements dictated to Met Council by State Statute. As to water supply, I wish you luck in getting anything out of Shakopee Public Utilities relative to Met Council's request. You may find value in submitting a letter directly to the SPUC commissioners and Lou Van Hout explaining specifically what is necessary of them to accommodate the City's Comprehensive Plan submittal requirements for the year-end 1998 Comp Plan revision requirement. As to surface water, the City has a Comprehensive Stormwater Management Plan which I believe takes into consideration development of all these areas. Valley Green has had WSB look carefully at the Valley Green Corporate Center area and how to best manage the stormwater that will be a part of this development, making sure that Dean's Lake is impacted • Page 2 From:Judy Conat To:Michael Leek Date:7/27/1998 Time: 12:01:12 PM Page 3 of 3 • July 27, 1998 as little as possible. If you believe we should provide them a copy of the West Dean's Lake Feasibility Study, and the additional supporting information that has been generated over the past month or two concerning County road alignments, why don't you let me know and we can put that together for your delivery to Met council staff. The City, the County, Valley Green and others, are very concerned about the possible inclusion of the Mdewakanton land into Trust, which could change the development patterns of our entire community. It seems this may be an item that should politically be put on the table. The City and the County are in this position because the Met Council sold that land to the Mdewakanton Sioux Community. I am not suggesting they take responsibility for the situation we are in, but it seems appropriate they are at least informed how we may or may not develop in the future because of their previous actions. To suggest that the City needs to expedite, as best we can, its development because of this situation, may or may not be politically appropriate. I am sure Neil Peterson would appreciate these suggestions. Michael, I am sure you agree we need to address these issues as soon as possible. The prospects I am working with, and that Steve Soltau is working with, are generally moving forward on development plans based on representations we were comfortable making because of the Met Council staff meetings we had earlier in the year. I would appreciate you and the City setting up a meeting with Neil Peterson, to include Steve Soltau and me, to overview the status of these issues, and seek his assistance in any way believed appropriate. You know Steve and I stand ready to help in any way possible, so please let us know how we may be of value. After you have had a chance to review the July 23 letter, Steve and I would welcome the opportunity to meet with you personally to talk through these issues further. I will assume that Steve will provide you comments inasmuch as these are specifically mine. Thanks for your help. • Page 3 Information Summary for Comprehensive Plan Revisions and Plan Amendments This form summarizes key information about your comprehensive plan revision or amendment that the Metropolitan Council needs for its review. Please complete the form as directed below and submit it to the Metropolitan Council with each comprehensive plan revision or amendment.(See Item C,page A74 for a list of the information to be included with your submittal.) ✓NOTE: If your plan amendment is a simple"housekeeping"change,you'need to complete only Part I of this form ("General Information," pages A73-A74). Please be as specific as possible in your answers.If the staff of your local governmental unit prepared a report for your Planning Commission or City Council regarding this plan revision or amendment, please attach it as well. IMPORTANT: Provide complete answers.This form is used to enable staff to determine completeness within 10 days. If the response on the form references an attached plan,the reference must include the appropriate page, paragraph(s),tables, maps or figures.If you do not clearly reference where information can be found and Council review staff cannot find it,your plan may mistakenly be considered incomplete. If you would prefer,you may request a diskette of this form(available in WordPerfect 5.1 or 6.1 and in ASCII). You may also submit a reasonable facsimile of this form from your word processing system. Please send plan revision or amendment to: Lynda Voge, Referrals Coordinator Metropolitan Council Mears Park Centre 230 E. Fifth Street; St. Paul, MN 55101-1634 I. General Information A. Sponsoring governmental unit k" /JfL d ,(572 kkOpzE Name of local contact person , l e Leek m/I'G /7t7J" _1)6, . Address (X S. /-])�/Y. 5 . 3114-kOpee, ICI /9 Telephone number i/, 'b- _ _ FAX number_ a/�-Lf �-(p7/ Internet address(if applicable) mleek.i (7/ , :S11Qk pe':./nn.ccs Name of preparer(if different from contac person) > /Y1/c/i(te/te,ek, '-l161</ Date of preparation !l711�e.' /ll qg B. Check all that apply and fill in requested information: Overall plan revision �j y, ]� /,/� J NName amendment x/1,- �/I l//��R I.'i G kii_`LI t SLC 1. ame of 1l Ll ��.v , / Revision of a planchapteror element "Housekeeping" text change(If so, complete only Part I of this form.) Land use change(describe) VSize of affected area in acres Urban service area expansion(Applies only to amendments submitted before you submit your revised comprehensive plan due in 1998. Page 4.1 describes the information on development staging and timing.) Size of expansion in acres Other(please describe) A73 July 1996 If ou ar"submitting an amendment,briefly describe �Lthe am- dment: ' , 'k. _11C^ a/Ca.,II i�►/�� Cil t `f' (cep ' /9"S etnpreh�f It/c P V7 . C: ease attach seven copi-of the foo mg: 1. Completed Information Summary for Plan Revisions and Plan Amendments form. 2. Your proposed plan revision or amendment. 3. A citywide map showing the location of the proposed change. 4. The current plan map, indicating areas affected by the revision or amendment. • 5. The proposed plan map,indicating areas affected by the revision or amendment. ✓NOTE: If your community has access to a geographic information system(GIS) or other automated mapping technology,the Council would appreciate it if you would submit your land use map and staging boundaries in digital form (one copy), in addition to the hard copies you send.The"Arc Export"format is preferred, but we can also use the "DXF"format. Putting this information in digital form will help minimize map discrepancies between your data and data maintained by the Council. D. What is the official local status of the proposed plan revision or amendment?(Check all that apply.) Acted upon by planning commission(if applicable)on (date) Approved by governing body, contingent upon Metropolitan Council Review on date Considered, but not approved by governing body on arIA,i1V /71/ (date) Other(Please describe) E. List adjacent local governmental units and other jurisdictions(school districts,watershed districts, etc.)affected by the change that have been sent copies of the plan revision or amendment, if any, and the date the copies were sent to them(required by Minn. Stat. 473.858, Subd.2). ✓Note: Please review the information requests in the following handbook sections for a complete description of information to accompany or to be included in your comprehensive plan revision or amendment: Wastewater,page 5.8 Transportation, page 5.1 Aviation,page 5.7 Recreation Open Space, page 5.10 Land Use,page 4.1 Housing,page 4.8 Water Resources,page 4.20 Implementation Program, page 6.1 Water Supply,page 5.11 A74 July 1996 II. Impact on Regional Systems A.Wastewater Treatment 1.Total flow for community based on existing plan: ,6, i3 million gallons/day(mgd)year 2000; (a, &I mgd year 2010 2.Will the proposed plan revision or amendment result in a change in the projected sewer flows for the community? • No-If not,skip to question 7. iVYes-Indicate the expected change: 631.7317/3 GL i f lt-a s- 3.Total flow for community based on plan revision or amendment 5, '7'7 mgd year 2000; 7.AS mgd year 2010 4.If your community discharges to more than one metropolitan interceptor, indicate which interceptor will be affected by the revision or amendment. IA//A 5. Will flows be diverted from one interceptor service area to another? V No Yes-Describe the change and volumes involved in mgd: 6.Is any wastewater flow an intercommunity flow to an adjoining community's sanitary sewer system? ,/ No Yes-If yes,enclose a copy of the inter-community agreement. 7.Has your community adopted a comprehensive program for the management of on-site septic systems including biennial inspections? No Yes y�� Not applicable-Please explain:/I•h/5 Fleets 6 tfipm�- i-�Cr / thes ondle h/ 4 Seri4cd /e/2-sit c B.Transportation / 1.Does this plan revision or amendment potentially increase existing trip generation(use Institute of Transportation Engineers trip-generation manual)? No-If not, skip to question 3. / _ /, - t/Yes-If yes,how much average daily traffic?GC9 Delp Lake k0lze C l9,roc, How much peak hour traffic?/{, Yf/lei La kP - �`5 D shdkGpe GY -ZZe 2.Does the existing local and regional road network(including metropolitan interchanges)have the capacity to accommodate planned land use(s)? No V Yes SeC, CLld n e ( Dfl7Zjc/z /aeld a.If not,will this plan revision or amendment require improvements to local or regional roads or interchanges? No Yes Specify: Explain who will pay for these improvements: A75 July 1996 Will these improvements be in place to accommodate the proposed development? No Yes Are these improvements included in a capital improvement program? No Yes b.Will this plan revision or amendment require implementing traffic demand management(TDM) strategies or land use and urban design measures? ✓No Yes-If yes,How?(For example,park&rides, flexible work hours,mixed land uses.) 3.Does this plan amendment impact transit service or facilities? No Yes-How? 4.Does the proposed plan revision or amendment affect pedestrian or bike systems? No v Yes-How? 7/( 11)6fC h 1 Q L7`G1, paps -6z C1t7257121G71 a 717th ac2id flikg ,Si rU/t 1 L?6L1iL 1717 &Lst 2r ( hits/ ?Ads a-the e0771.1)2111211- )ULJ2i C.Aviation 1.Doyour community's plan or codes/ordinances include a"notification" element to protect regional airspace? ✓No Yes 2.Do the proposed changes in the plan revision or amendment involve areas within an airport influence area or airport search area? ✓No-If no,skip to"D,""Recreation Open Space." Yes 3.Are the proposed changes in the plan revision or amendment consistent with guidelines for land use compatibility and aircraft noise guidelines and approved airport Long-term Comprehensive Plan? No Yes Not applicable D.Recreation Open Space 1.Does the plan revision or amendment affect existing or future federal,state or regional parks,park reserves or trails? No �l C/1e.brC/Y' /'�' °Ct `Ares-If yes,describe: l�al•� E�'n�ef7e1? /�.DZ5 Ji(( -hr riper fr->/s/s/rr2-7• 2.Does the plan revision or amendment include a trail segment or connection to a regional trail or park? No • V fes see Gl.bz Ire • A76 July 1996 • III. Impact on Land Use A.Plan Revision If you are submitting a plan revision and you are using your own community's land use data,please attach copies of the land use tables you completed on pages All-A18,A37-A39 in the handbook appendix. B.Plan Amendment Questions 1,2 and 3 below apply only to plan amendments involving a land use change and urban service area expansion. Describe the following, as applicable: 1.For the area in the amendment: a.Existing land uses in acres:3/5 QLI eS CQ17U7 (/V?l/ 30/tZei S V lags/tried b.Proposed land uses in acres:395 f (!airtS(/ rom/ler1 i 2J (.33 (2i?/e metas&-rxe / 2.For residential use amendments: a.Number of residential dwelling units and types(single,multi-family)involved under existing plan Under proposed revision/amendment b.Density under existing plan Under proposed revision/amendment 3.For commercial/industrial/institutional use amendments: a. Square footage of commercial structures under existing plan /,5 7 ) k s•P. it Under proposed revision/amendment 5/(5 a5 6 S� ��• b. Square footage of industrial structures under existing plan 3 0%0� toe) • Under proposed revision/amendment 4,330,e00, ,1 c. Square footage of institutional structures under existing plan tifit Under proposed revision/amendment A.,VA d.Number of employees under existing plan Under proposed revision/amendment W. Impact on Housing ?lf lt`— See /td7wJ Ink* nlA hew aYt P 1. Will the plan revision or amendment affect the availability of affordable or life-cycle housing in your comm ty? o-If no, skip to"V,""Environmental Resources." Yes If this change favorably affects your community's ability to achieve housing goals under the Livable Communities Act or goals stated in the housing element of your comprehensive plan,please describe: If this change negatively affects your community's ability to meet your housing goals, what provision has your community made to compensate for this impact? V. Environmental Resources 1. Will an Environmental Assessment Worksbeet(EAW)be prepared for the plan re sion or amendment? 1,1 No �lik .5°'e a feeti L/Z C/ 'ht " -g.- &ci Yes-If yes,what is the schedule for completion of the EAW? 2.Does the plan revision or amendment affect a state,federal or locally protected wetland? ,/Yes-If yes,please include a map showing the location of the wetland.Describe the type of wetland A77 July 1996 affected apd how it will pe protected or how impacts will bemitigated. A feCk6 1�L /s kiln /Ake. di,'w1'�C 3.Will the plan revision or amendment potentially affect the quality of any surface water body? No Identify which ones and describe the impacts: /2&47he ?.&A,12 dicate ,ow any neg.five i rac will b- m' _ated: / /-/,/' t • / � i fi A ►_ i 1 „!: /, 14 .11 A h . . . I[,S/,4 // 51S1!'� ii, Al- s aiti 5747/1# 4.Has e community adopted the C uncal s retisciumeie;m trategy to Reduce onpointred.sibel ce Po to All • Metropolitan Water Bodies? 0 Yes-If yes,has the community implemented the strategy? No t/Yes 5.Does the plan revision or amendment affect the Mississippi River Critical.Area planning standards and the Mississippi National River and Recreation Area Comprehensive Management Plan? 1„/No Yes.Describe: Not Applicable 6.Does your community have an adopted water supply plan that meets the requirements of Chapter 186 of 1993 Session Laws? Not Applicable ✓ No le see d-irYczf /1741-iY k-//SLC, l. Yes-If yes,will the proposed plan revision or plan amendment affect your water supply plan? No Yes-If yes,how? 7.Has your community adopted a local surface water management plan? Yes-If yes,will the proposed plan revision or plan amendment affect your local surface water management plan? ✓No Yes-If yes,how? VL Implementation Program 1. Will the plan revision or amendment require changes in zoning,subdivision,on-site sewer ordinances or other official controls? ✓No Yes-If yes,when? Describe proposed changes: 2.Has your community adopted a capital improvements program? No I/Yes-If yes,what changes will be needed in your community's capital improvement prograrp to implement the plan revision or amendment? f--6,4. 0 Sed' a&thQ llroWeji a7 ked. A78 July 1996 i c. 3 . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Livable Communities Demonstration Account DATE: August 4, 1998 INTRODUCTION As a participant in the Livable Communities program, the City of Shakopee is eligible to apply for funding that is available as a part of that program. DISCUSSION At a previous meeting, the City Council provided authorization for staff to make application for funding that is available through the Livable Communities Demonstration Account. As a part of the application for those funds, a resolution of support must be submitted to the Metropolitan Council. The application deadline for these funds was July 22, 1998. Local resolutions of support must be submitted to the Metropolitan Council for consideration within thirty (30) days of the deadline. Please find attached a copy of Resolution No. 4952. This resolution meets the requirements associated with the funding application. STAFF RECOMMENDATION Staff recommends the approval of Resolution No. 4952. ACTION REQUESTED Offer a motion to approve Resolution No. 4952, and move its adoption. • TA lie Klima anner II i:\conundevkc11998\ce0804\lcadfdoc d � �� RESOLUTION NO. 4952 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS,the City of Shakopee is a participant in the Livable Communities Act's Housing Incentives Program for 1998 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose/(s) and criteria; and WHEREAS,the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City Council of Shakopee, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on July 22, 1998. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Shakopee and to execute such agreements as are necessary to implement the project on behalf of the applicant. Passed in session , this day of , 1998 . Mayor of the City of Shakopee Attest: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 y. CITY OF SHAKOPEE CONSENT Memorandum -''� TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of EverGreen Heights Townhomes, Ltd. Partnership (EverGreen) for Extension of Purchase Agreement MEETING DATE: August 4, 1998 INTRODUCTION: The City and EverGreen Heights entered into a purchase agreement dated February 3, 1998 for the subject site. The agreement set a"Contingency Date" of July 30, 1998, and a closing date of October 1, 1998. Because EverGreen was not awarded tax credits in the last round of applications to MHFA the contingency date will not be met. Evergreen Heights intends to make application for the next round of tax credits on August 6, 1998, which would have an award date in October of 1998. EverGreen also intends to make application on August 20th for second mortgage money. In the event that tax credits are not received in this next round EverGreen intends to make application for the February 1999 round of tax credits. On July 22, the City submitted an application to the Metropolitan Council for Livable Communities Demonstration funds for the Daycare portion of the proposed project. EverGreen Heights is thus asking for a one-year extension of the agreement to allow closing to occur on October 1, 1999 ALTERNATIVES: 1. Approve a one-year extension and authorize the appropriate City officials to execute the necessary agreements. 2. Approve some other extension and authorize the appropriate City officials to execute the necessary agreements. 3. Do not approve an extension of the purchase agreement for the excess fire station site. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Approve a one-year extension of the purchase agreement with EverGreen Heights Townhomes, Ltd. Partnership, and authorize the ap priate City officials to execute the necessary agreements. R. Michael Leek Community Development Director ExtEverG.doc/RML 1 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of February 3e,iO, 1998, between EverGreen Heights Townhomes, Limited Partnership, a Minnesota limited partnership (hereinafter "Seller") and City of Shakopee, a Minnesota municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Drive, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's agent; and 2.2 The remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date (as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. 3.3 Government Approvals. All governmental approvals, apart from preliminary plat approval, which are necessary in Buyer's judgment in order to permit use of the Property as a rental townhome development and day care center, shall have been obtained at Buyer's expense on or before the contingency date. Seller and Buyer shall cooperate with each other in all reasonable respects in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for and to complete the purchase of the Property. 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to allow access and site lay out of the proposed townhome development and daycare center. The "Contingency Date" shall be July 30, 1998. If any contingency has not been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 4.1 Purchase of Contiguous Property. Seller shall use its best efforts to negotiate the purchase from MNDOT of an approximate 2 acre parcel (hereinafter the "MNDOT Parcel") contiguous to the Property, which parcel will be sold to Buyer for the price so negotiated, at the same time and subject to the same terms as are applicable to the Property. 4.2 Preliminary Plat Application and Approval. Seller shall initiate and proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MNDOT Parcel, which preliminary plat application and approval will permit the Seller to separately contract for site excavation and grading prior to closing. In addition, the preliminary plat application, review and approval will address all other matters and regulatory requirements necessary for the contemplated use of rental townhomes and daycare center to proceed, including but not limited to, compliance with environmental laws (sound abatement), county road access permits, density and zoning regulations, and surface water drainage permits. Costs associated with sound abatement measures shall be Buyer's responsibility. Final plat application and approval shall be at Buyer's expense. 2 4.3 On-Site Improvements. Following preliminary plat approval, Seller shall proceed to contract for the excavation and grading of the Property and, if applicable, the MNDOT Parcel, in coordination with Buyer's site development plans. It is agreed by the parties that the on-site improvements provided by Seller directly benefit and are being performed in connection with the contemplated use by Buyer of the Property as a rental townhome development and daycare center. The contemplated use of the Property could not occur but for the on-site improvements provided by Seller. The on-site improvements provided by Seller to Buyer have a value which may be established by reference to prevailing market values for similar excavation, transportation and grading services. 4.4 Driveway Encumbrance. Seller shall use best efforts to negotiate and remove the encumbrance created by the driveway accessing County Road 16. The Seller shall coordinate its efforts with Buyer so as to remove the encumbrance in a fashion beneficial to the sale of the Property and its contemplated use as rental townhomes and daycare center. 5. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 5.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 5.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 5.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 5.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 5.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 5.1.5 MNDOT Parcel. If applicable, documents sufficient to convey the MNDOT Parcel to Buyer. 5.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 3 • 5.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 6. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 6.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 6.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 6.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 6.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 7. Title Examination. Title Examination will be conducted as follows: 7.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 7.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 7.2.1 Terminate this Agreement and receive a refund of the Earnest Money and any interest accrued and unpaid on the Earnest Money, if any; or 4 7.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 8.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 9. Casualty; Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 10. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 11. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United 5 States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 (612) 445-3650 If to Buyer: EverGreen Heights Townhomes, Ltd. Ptshp. Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 14. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 15. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages. If this Agreement is not so terminated, Buyer or Seller may seek actual damages for breach of this Agreement, or specific performance of this Agreement; provided that any action for specific performance must be commenced within six months after this right of action commences. In the event of litigation, each party shall pay its own costs, including attorney fees. 16. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. 6 Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF SHAKOPEE By: ArbaiV By: Its: Its : City Administrator Maynr BY: 9,u , ) 09( BUYER: Its : C 'ty Clerk EVERGREEN HEIGHTS TOWNHOMES, LTD. PTSHP. EVERGREEN REAL ESTATE DEVE OPMENT ., Gen. Ptr. By• 4 As Its: '. - sic\-- GAM-170908.1 7 EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. GAM-170829.1 • ^` EVERGREEN REAL ESTATE 910115 1112 • DEVELOPMENT CORPORATION �j 5212 HOPE ST. SE 612-447-6464 2 t.{ - 19 % PRIOR LAKE, MN 55372 PAY ToORDER F C 5 h 4 p� $ 2,00o of ORDER OF �J (� • 1W D _ l 1CZ•e/C5a44� � 'i ad DOLLARS MI 00 First Bank Edina 1 SOuthdale Office Fins Bank National Aaaociation A 7001 France Avenue South EEdina,kIN 5.551355 MEMO 1 ezr/A`cry tVP :09L0000221:: L73LOOSL7S690LLL2 1D, i CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 17th Avenue, from 1/4 Mile West of CSAH 17 to CSAR 17 Project No. 1998-4 DATE: August 4, 1998 INTRODUCTION: Attached is Resolution No. 4954, which accepts the bids and awards the contract for 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17, Project No. 1998-4. BACKGROUND: On July 7, 1998, the City Council ordered the advertisement for bids on 17th Avenue, from 1/4 mile west of CSAH 27 to CSAH 17, Project No,. 1998-4. The project consists of constructing a sanitary sewer, watermain and storm sewer lines to serve properties west of CSAH 17 and to construct 17th Avenue which will provide access to properties and provide the City a street collector south of T.H. 169. The funding of this street project is a combination of assessments, City Capital Improvements funds and Shakopee Public Utilities funds. On August 3, 1998 sealed bids were received and are summarized in the attached resolution. The low bid was submitted by Richard Knutson, Inc. in the amount of$453,590.09. The Engineer's estimate for this project was approximately$412,000.00. In the feasibility report for this project, the estimated total construction costs including a 10% contingency for the project including sanitary sewer, watermain, storm sewer, street, sidewalks and restoration was estimated to be $575,025.00. The low bid received and a 5% contingency is $476,269.58 and is lower than the feasibility report estimate of$575,025.00. In addition to awarding the contract to the low bidder, Richard Knutson, 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 Bolton & Menk, Inc., to perform the surveying services, construction administration and inspection 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. Staff is recommending awarding a contract to Richard Knutson, Inc. contingent upon obtaining of the necessary easements for the project. It is anticipated that easements will be granted from the three major property owners along 17th Avenue who have been supportive of the project. Also, the City needs easements from St. Francis Medical Center to complete the watermain looping agreement for this site and Shakopee Public Utilities. ALTERNATIVES: 1. Accept the low bid of $453,590.08 and adopt Resolution No. 4954, awarding the contract to Richard Knutson, 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 Bolton & Menk, 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. 4954, A Resolution Accepting Bids on 17th Avenue, from 1/4 mile west of County State Aid Highway 17 to County State Aid Highway 17, Project No. 1998-4 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with Bolton&Menk, 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. 41,4e (c""e107,p,61/ Bruce Loney Public Works Director BL/pmp M4954 RESOLUTION NO. 4954 A Resolution Accepting Bids For 17th Avenue, From 1/4 Miles West of County State Aid 17 To County State Aid Highway 17 Project No. 1998-4 WHEREAS,pursuant to an advertisement for bids for 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17, Project No. 1998-4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Richard Knutson, Inc. $ 453,590.08 Barbarossa& Sons, Inc. $ 506,088.00 Brown&Cris, Inc. $ 542,242.64 Northdale Construction,Inc. $ 543,360.70 Widmer,Inc. $ 563,731.62 AND WHEREAS, it appears that Richard Knutson, Inc., 12585 Rhode Island Avenue S., Savage,MN 55378 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 Richard Knutson, Inc. in the name of the City of Shakopee for 17th Avenue, from CSAH 17 to CSAH 17 Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk and contingent upon obtaining the necessary easements from the appropriate parties. 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 - 02 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 Project No. 1998-5 DATE: August 4, 1998 INTRODUCTION: Attached is Resolution No. 4955, which approves the plans and specifications and authorizes staff to advertise for bids for 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street,Project No. 1998-5. 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 was 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. A public hearing was held on June 2, 1998 and Council adopted Resolution No. 4918 ordering the improvement and preparation of plans. The plans have been completed by WSB & Assoc., Inc. and the next step in the 429 Special Assessment process is for Council to approve plans and order the advertisement for bids. The plans for 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street will provide sanitary sewer, watermain, trunk storm sewer and street access to developing properties such as Longmeadow Addition and the future elementary school for IDS #720. 17th Avenue is projected to be a minor arterial roadway with traffic volumes in excess of 15,000 vehicles per day in the year 2020. For this type of roadway, access spacing along 17th Avenue should be limited according to the Draft Transportation Plan. With the 17th Avenue plans, it is being proposed to construct a full turning movement access at Brittany Drive which is the access to Longmeadow Addition and an access for the elementary school. Future access to the undeveloped parcel north of the elementary school site will be determined during the platting of this parcel. At this time the roadway and sanitary sewer easements have been obtained for this project, with only a trunk storm sewer easement needed yet. Staff anticipates that the storm sewer easements can be negotiated with the property owner and proposal for acquisition to be considered for Council approval at a future meeting. If negotiations are unsuccessful, eminent domain proceedings will be initiated and the storm sewer work can be delayed until the easements are obtained.. ALTERNATIVES: 1. Adopt Resolution No. 4955. 2. Deny Resolution No. 4955. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project so as to construct the improvements this year and provide access to Longmeadow Addition, French Trace 2nd Addition and the new elementary school for ISD #720.. ACTION REQUESTED: Offer Resolution No. 4955, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer form 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. :nice nice Loney I Public Works Director BL/pmp MEM4955 RESOLUTION NO. 4955 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids 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. 4918 adopted on June 2, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for 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 and has presented plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk 15, 2 , 1, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Chateau Ridge Developer' s Agreement DATE: July 31, 1998 INTRODUCTION: The City Council has received a request from James and Sean Leavitt asking that they be excused from renewing the letter of credit for the remaining public improvements in Chateau Ridge. BACKGROUND: In 1995, J. Patrick Leavitt, Jr. and Jermayn Leavitt platted the subdivision known as Chateau Ridge. This was one of the last subdivisions created prior to the implementation of the current ten acre minimum lot requirement in the rural residential district. The Leavitts chose to install the improvements and provided the City with a $378, 854 . 19 letter of credit to insure construction. A portion of the streets have been improved and the balance of the letter of credit is in the amount of $73, 515 . The current letter of credit expires on September 1, 1998 . The original developer, J. Patrick Leavitt, Jr. is deceased, and his family does not desire to complete the second phase (unimproved streets) for some time. The Leavitts are asking the City Council to excuse them from renewing the letter of credit for the unimproved portion of the streets in exchange for an agreement with the City (see attached letter dated June 25, 1998, from James Leavitt) . Staff has consulted with the City Attorney regarding this matter. Mr. Thomson has advised that an enforceable declaration against the property could be recorded against the property. This declaration would state that no development or construction can Page 2 July 31, 1998 Chateau Ridge Developer' s Agreement occur on the property until a developer' s agreement and financial guarantee has been provided to the City. This declaration would ensure that none of the platted lots could be sold to a buyer expecting that the road would be completed in the near future. Since the City has implemented the use of developer' s agreements in the 1970' s, no financial guarantee for construction of public improvements has been allowed to expire. This would be setting a precedent. The situation is also unique. The Community Development Director has advised that from a planning/platting perspective such an arrangement is not desirable. In separate actions in the past the Council approved the plat for Chateau Ridge requiring a street connection and the preliminary plat for Maple Trail Estates, requiring a street connection before phase II of Maple Trail Estates can occur. The Council has required connecting the streets in both of these plats, and has said that the connection from Chateau Ridge must be made first . This leaves phase II of Maple Trail Estates up in the air until the connection from Chateau Ridge. Recently, the Planning Commission has reiterated that arrangement indicating that they are not inclined to recommend approval of a final plat of Phase II of Maple Trail Estates without the connection from Chateau Ridge being made first. Approval of the request from the Leavitts postpones the street connection and thereby the development of Phase II of Maple Trail Estates for an indefinite period of time. This is not a desirable situation. ALTERNATIVES: 1 . Continue to require the renewal of the letter of credit or cash deposit for the remaining unimproved streets. If the letter of credit is not renewed, the City would be forced to draw on the letter of credit. 2 . Approve the request of the Leavitts and authorize the City Attorney to prepare the appropriate enforceable declaration to be recorded against the property prior to the expiration of the letter of credit. Page 3 July 31, 1998 Chateau Ridge Developer' s Agreement 3 . Table the request for additional information and ask the Leavitts to extend the letter of credit for 60 to 90 days to allow additional time to address the matter. RECOMMENDED ACTION: 1 . City Council is asked to discuss this matter and give staff direction. 2 . If Council decides to approve an enforceable declaration and allow the letter of credit to expire, staff desires direction regarding the restrictions placed on the development of Phase II of Maple Trail Estates. Continuing the restrictions will prohibit the development of Phase II of Maple Trail Estates for an indefinite period of time. /s/ Judith S. Cox Judith S. Cox, City Clerk Attachments [1:\clerk\bev\leavitt] 07/30/98 THU 13:55 FAX FAX LC7000 @1002 June 25, 1998 To: City Council, City of Shakopee RE: Loan Guaranty for Street on Leavitt Properties,Phase II Dear Council Members: It is the continued intention of the Estate of J.Patrick Leavitt Jr.to delay development of Phase II of the properties in the city of Shakopee indefinantly. The loan guaranty required by the city for the proper construction of the dedicated street will become both costly and unnecessary. Therefore,the Estate proposes an agreement between the estate and the city according to the following terms: 1. That the loan guaranty be replaced by a lien of equal value granted to the city on the property as a whole, and that the lien may be satisfied only by: A. The construction of the street to required specifications,or B. A new loan guaranty, or C. A decision by the estate that the property will not be developed. 2. That the property shall remain as platted,in 2.5 acre parcels. 3. That the Estate shall convey no individual parcel to another without the approval of the city but shall retain the option to convey the entire Phase II area to another with the agreement. James Leavitt For the Estate of J. Patrick Leavitt Jr. RECEIVED Mil. 3 G 1998 CITY OF SHAKOPEE 'N..J Cl) 73 CO 0 1... C/) - 13 73 Co CL) -i-, 0 -1-, .---, 1-. CO CO r• - CD .4--' 4 MI WWI 411•141.01•L'2_73 Ca v -•7-2.4: _ .. : _, , ,,, ._, ,,,. .._,..,,..... .,.. - %•- .-0. •A•"0' -1--N,'"' :.„v,--- ( ^h11.11r%''.%. -.... .-•------ \ 03 0) CI'S LLI 1; .. '; ' v‘t-i,•,.. --; . ' ss , ,f. ..,/ , •' . Alte ' , 1.6,.• , • • • „ ....i ., ,.,:,--:::„., .. CU L.- i_ •• .._1.:_„.• .. \ tll:1\ ' .((---o, '. )(19 co C D 13.) ' i"" ,i:I./ 'We ' ..., ...., . f i„..15,412,1. . It I, 4.. (....:7•• • -0 rr 01.., •"....N) . i. , 41111111.111%fti ii.s. mu c;.1 /....;';‘,,9..,10 / co ....._ - 0_ - . as :.- 0.. I „JiN liTi \' :. 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' -"Igtumaii.../riP•dlirr •,obb . 1 1116, :I '''' ::i\_____, 1 \r,,, - \1 . '...;•.**:.,s slaZigir 1 i " L -__ .1. , „ v 1 t h ' lilt I kr ii••P:, Pe ; h 1.- ....ett•-:,•4 Ass"w r" ...4 .Ale 4 441:1°41( tb1/4 61,0;r'Alhillitli5...)*,4.11.17:700.: 4 21 IF 1.1 ,..,,,,, 1-1'.' ..•1 .....•• 's• /' 1t13.1i 11•11•1111,11 AI ON AVOAI40I•1 Ow 1111Elt aim= 1 b........-7.130..... i..... ..---"lifP 11.===- - r.1 ....% - -.' CITY OF SHAKOPEE /57 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Smoking Ban - Community Center Property DATE: July 15, 1998 INTRODUCTION: The Council is asked to consider action which would prohibit smoking from the Community Center property, including outdoor grounds. BACKGROUND: Mayor Brekke has asked that the City Council consider expanding the smoking prohibition at the Community Center to include the outside grounds of the property. As this is a public building, the Community Center has been smoke free since it opened. The Community Center, in addition to City Hall and other public facilities, are mandated by Minnesota Clean Indoor Air Act to be smoke free. The Community Center is adjacent to school property,where smoking is also prohibited. However, in the case of the Community Center, smokers are able to step outside to "light up". This practice is common between periods of hockey games and other events in the ice arena, as well as by smokers working in the building or otherwise participating. There have been some problems with cigarette butts littering the main entrance of the building,but that can be taken care of through better custodial practices. Perhaps the bigger concern is the underage smoking which has taken place there; while it is enforced by the City staff and the Police Department, it cannot be eliminated completely. Mayor Brekke's thought is that by prohibiting smoking all together, it would also eliminate the possibility of underage smoking. Extending the prohibition of no smoking to the grounds of the Community Center can be done by ordinance. RECOMMENDATION: If the Council wishes to prohibit smoking in its entirety at the Community Center and surrounding property,passage of the attached ordiance would be required. SMOKE.DOC ACTION REQUIRED: If the Council concurs, it should, adopt Ordinance No. 522: AN ORDINANCE RELATING TO SMOKING ON THE GROUNDS OF THE COMMUNITY ACTIVITY CENTER AND AMENDING THE CITY CODE BY ADDING SECTION 10.77 Mark McNeill City Administrator MM:tw CC: Mark McQuillan Ron Stellmaker SMO.KE.DOC Jul-28-98 04:54pm From—KENNEDY & GRAVEN +3379310 T-753 P.02/02 F-741 CITY OF SHAKOPEE ORDINANCE NO. 5 2 2 , FOURTH SERIES AN ORDINANCE RELATING TO SMOKING ON THE GROUNDS OF THE COMMUNITY ACTIVITY CENTER AND AMENDING THE CITY CODE BY ADDING SECTION 10.77 The City Council of the City of Shakopee,Minnesota ordains: Section 1 — Chapter 10 of the City Code of the City of Shakopee is hereby amended by adding a new section to read: Sec. 1037. SMOKING ON COMMUNITY ACTIVITY CENTER PROPERTY. It is unlawful for any person to smoke on the grounds of the Community Activity Center property. For purposes of this section, the term "smoke" includes smoking or carrying a lighted cigar,cigarette,pipe,or any other lighted smoking equipment. Section 2 - Effective Date. This ordinance shall take effect upon its adoption and publication in the city's official newspaper. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 4th day of August, 1998. Mayor of the City of Shakopee ATTEST: City Clerk JJT•147o3S SH155-23 CITY OF SHAKOPEE E Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator iikaik SUBJECT: Noise Mitigation Committee Representation DATE: July 23, 1998. INTRODUCTION: The Council is asked to appoint a representative and alternate to the Flying Cloud Airport EIS Noise Mitigation Committee. BACKGROUND: Attached is a letter dated July 21st from the Metropolitan Airport Commission. In it, it describes the process of preparing a joint Federal and State Environmental Impact Statement(EIS) for a proposed expansion of the Flying Cloud Airport in Eden Prairie. The MAC is asking for one elected official, and one alternate from each community affected by the airport(including Eden Prairie, Chanhassen, Bloomington, and Shakopee)to serve on a committee to study noise impacts. There will be other representatives from the Metropolitan Council,the U.S. Fish and Wildlife Service, and the airport users. The Committee is expected to meet five or six times beginning in August, and running through the end of the year. Representatives from Shakopee should be appointed by Council. RECOMMENDATION: The Council needs to determine one of its members to serve as the elected representative, and further determine whether a second Councilmember, or staff member should serve as an alternate. ACTION REQUIRED: The Council,by motion, appoint an elected representative and alternate to serve on the Flying Cloud Airport EIS Noise Mitigation Committee. AIRPORT.DOC METROPOLITAN AIRPORTS COMMISSION tirq Minneapolis-Saint Paul International Airport F2 t �( 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 mt ► o Phone (612) 726-8100 • Fax (612) 726-5296 MAC t� Co 41RPORSS July 21, 1998 Mayor Jeff Henderson City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Flying Cloud Airport EIS Formulation of Noise Mitigation Committee Dear Mayor Henderson: The Metropolitan Airports Commission (MAC) and the Federal Aviation Administration (FAA) are in the process of preparing a joint federal and state Environmental Impact Statement (EIS) for proposed expansion` of Flying Cloud Airport in Eden Prairie, Minnesota. Issues raised in the scoping for the EIS, include among other things, the noise impacts of the proposed expansion, and the adequacy of the existing Ordinance 51 in decreasing the impacts of jet aircraft noise on the affected environment. Ordinance 51, adopted by the Commission in January 1978, prohibits operations of jet aircraft with a maximum takeoff weight greater than 20,000 pounds at Flying Cloud Airport. Cognizant that aircraft noise is an issue, and that alternative ways to accommodate it exist, the MAC is establishing a Flying Cloud Airport Noise Mitigation Committee. The purpose of the Committee is to prepare a Noise Mitigation Plan that addresses the noise impacts of the proposed expansion and alternatives to Ordinance 51. The Committee would recommend the plan to the Commission for inclusion in the Draft EIS. The MAC is inviting the following to participate on the Committee: one elected official and alternate from each of the affected communities (Eden Prairie, Chanhassen, Bloomington, and Shakopee), one appointed representative and alternate from the Metropolitan Council, one official representative and alternate from the U.S. Fish & Wildlife Service, a representative each from the FAA's Air Traffic and Airports Divisions, and two senior representatives of airport users/operators. A MAC Commissioner will be appointed to serve as chair of the Committee. It is expected that the Committee will meet 5-6 times during the preparation of the mitigation plan. The first meeting will be scheduled for early August 1998;the Draft EIS is expected to be completed in late 1998 or early 1999. Your representative and alternate will be notified as soon as the initial meeting date has been established. The Metropolitan Airports Commission is an affirmative action employer. Reliever Airports: AIRLAKE • ANOKA COUNTY/BLAINE• CRYSTAL • FLYING CLOUD • LAKE ELMO • SAINT PAUL DOWNTOWN Mayor Jeff Henderson July 21, 1998 Page 2 This Noise Mitigation Committee is important to promoting communication among those affected by future development at the Airport. Please provide me with the name and telephone number of the individuals you wish to serve on this important committee. If you have any questions, contact either Mark Ryan (612-726-8129) or myself (612-726- 8187). Sincerely, Nigel D. Finney Deputy Executive Director Planning and Environment MJR/kjd Cc: Mark J. Ryan, MAC Glen Orcutt, FAA e. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Donation From American Legion DATE: July 22, 1998 Introduction The Legion has contacted staff and desires to make a contribution to the City for the clock tower. Background The Legion desires to make a contribution of gambling proceeds to the City in the amount of $250 . 00 to be used for the clock tower. The procedure to accomplish this is for the City Clerk to complete a "Request for Gambling Proceeds" form and send it to the Legion. Action Move to authorize the City Clerk to execute a Request for Gambling Proceeds for the American Legion for the clock tower project. ti '4(uregg, Voxnd Finance Director c:\memo\gregg\Legion S. G. S. CITY OF SHAKOPEE 0114SENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Hiring of Secretary in the City Clerk' s Office DATE: July 30, 1998 INTRODUCTION: The Council is asked to authorize the transfer of Jeanette Shaner from the position of Building Department Secretary to Secretary in the City Clerk' s Office. BACKGROUND: On July 7, 1998, the Council accepted the resignation of Beverly Mitchell as Secretary in the City Clerk' s Office and authorized filling the position. This is a full-time budgeted position. The position was posted internally for five days and two applications were received. The applicants were interviewed by an interview panel consisting of the City Clerk, Payroll/Benefits Coordinator and the Ass' City Administrtor from the City of Savage. The recommendation is to hire Jeanette Shaner. Ms. Shaner has been employed by the City of Shakopee for 18 years. She has held three positions: receptionist, secretary to the City Clerk and City Administrator, and for the past nine years Building Department Secretary. Ms. Shaner understands that upon appointment to this new position, she will be on six months probation for this position. Ms. Shaner is currently at Step 7, Grade H of the 1998 Pay Plan. Consistent with the June 29, 1998, memo to City Council, staff is recommending that Ms. Shaner' s starting salary be the next step above her current salary, at Step 8 . (Ms. Shaner would automatically go to Step 8 on her anniversary in September, if she remained in her current position. ) RECOMMENDED ACTION: Move to authorize the transfer of Ms. Jeanette Shaner to the position of Secretary in the City Clerk' s Office starting at Step 8, Grade H of the Non-Union 1998 Pay Plan ($32, 692) effective August 13 , 1998 . MEMO TO: Judith S. Cox, City Clerk FROM: Jeanette Shaner, Building Department Secretary DATE: July 30, 1998 Thank you for your offer of the City Clerk Secretary position. I have decided to accept this offer and leave my position as Building Department Secretary. I look forward to the challenge of the new position and working with you. 15.E.5. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Authorize Advertisement to Fill the Position of Building Secretary MEETING DATE: August 4, 1998 INTRODUCTION: In the event that the City Council concurs with the recommendation to transfer Jeanette Shaner to the City Clerk's office effective August 13, 1998 it will be necessary to immediately fill that position. ACTION REQUESTED: Offer and pass a motion to authorize the appropriate City staff to post the opening for a Building Secretary. BLDGSEC.DOC/RML 1 • CITY OF SHAKOPEE C°I VSEN I Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Surplus Vehicles DATE: July 27, 1998 • Introduction Council is asked to declare certain vehicles as surplus property to enable the disposal of those items. Background Various vehicles have been purchased and/or reassigned during the year. The original equipment fund budget anticipated selling 5 vehicles this year. The details follow: Engineering has gotten a new truck and the Caravelle is proposed for sale. Police has gotten a new squad. It is proposed to sell the 1994 squad it replaced due to condition of the 1994 . Park has gotten/is getting a new 1 . 5 ton truck as a replacement for a 1988 pickup. It is proposed to keep the 1988 truck and sell the 1983 Ford Ranger. Building has gotten a new truck and turned the old truck down to Public Works . It is proposed to sell the PW 1984 GMC pickup. Public works has requested to keep the 1984 GMC . "due to the need for vehicles for seasonal employees and the fact that one of the one ton vehicles purchased this year is not available for use due to delivery problems" . Street has gotten two new dump trucks - one as a replacement for the 1987 dump truck. Public Works is requesting to keep the 1987 for a fleet increase and related staffing increase and the delay in getting trucks for 1999 (until 2000 - manufacturers delay) . Alternatives 1 . Sell five vehicles as originally proposed. 2 . Sell three vehicles per Public Works request . 3 . Other combination of sell/keep. Recommendation Sell the first three vehicles and Council decide whether to sell or keep the final two vehicles for a fleet increase. Action Move to declare the following vehicles surplus property to be sold: 1988 Caravelle #IP3BJ36D8JC222304 1994 Crown Victoria #2FALP71W7RX169439 1983 Ford Ranger Pickup #1FTBR10C9DUB33076 And if Council decides not to keep the two vehicles requested by Public Works, move to declare the following vehicles surplus property to be sold: 1984 GMC pickup #1GTDC14D8EJ514580 1987 Dump Truck #1FDPF82K5HVA41924 Gregg Vox and Finance Director C:\memo\gregg\9auct IS. E, CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Five Year Equipment List DATE: July 30, 1998 Introduction Council is asked to discuss the Five Year Equipment List which is part of the 1999 budget . Background Due to the timing of other related activities and the apparent shortness of the August 4th agenda, the equipment list is brought to Council for discussion. This is an annual event as part of the .budget process . Normal timing would have been for Council to discuss this in July. The equipment list is basically the budget for the Capital Equipment Internal Service Fund. A projected list of the anticipated purchase of mobile equipment costing $10, 000 is included as well as the narrative to justify the purchase. Portrayed is a five year projection of the activity of the equipment fund. Particular attention should be paid to the 1999 items because that will comprise the direction for staff to proceed and plan to acquire in 1999 . Action Discuss and give staff direction. A7.411 Voxa Finance Director N:\budget\egpt99 EQUIPMENT FUND 1999 BUDGET ACTIVITY: This fund finances the Five-Year Equipment Plan. Financing to purchase equipment is provided by "lease" payments from the operating departments at rates established annually by the Finance Department as part of the budget process. The Equipment Fund shall "own" and acquire larger pieces of equipment including but not limited to cars, trucks, graders, loaders, tractors and larger mowers or items generally costing $10,000 or more. This fund serves to segregate funds for the acquisition of equipment to avoid budget problems caused by large purchases in a single year. The Equipment Fund was established by Resolution #4077 in 1994. Note: The City loaned $875,000 from this fund to the blocks 3 & 4 project in 1997. The bonds mature in 2000 through 2014, at an interest rate of 6.75%. • CITY OF SHAKOPEE, MINNESOTA 1999 BUDGET INTERNAL SERVICE EQUIPMENT FUND BUDGET SUMMARY 1996 1997 1998 1999 Actual Actual Budget Proposed Revenue Miscellaneous Rentals $ 362,784 $ 387,720 $ 418,150 $ 484,177 Sale of Assets 4,812 812 5,000 8,000 Interest 115,763 124,169 130,290 95,340 Total Revenue 483,359 512,701 553,440 587,517 Expenditures Capital Equipment 166,377 258,810 908,270 399,000 Total Expenditures 166,377 258,810 908,270 399,000 Excess(deficiency) of Revenues over Expenditures $ 316,982 $ 253,891 $ (354,830) $ 188,517 Cash Balance December 31 $ 2,176,735 $ 1,604,986 $ 1,250,156 $ 1,438,673 CITY OF SHAKOPEE EQUIPMENT LIST 1999 2000 2001 2002 2003 EQUIPMENT FUND Projected Cash Balance 1/1/99 $ 1,250,156 $ $ $ $ Rentals 484,177 528,963 577,892 631,348 689,747 Sale of Assets 8,000 8,000 10,000 10,000 10,000 Interest 95,340 79,130 69,010 73,620 79,800 Total Revenue 587,517 616,093 656,902 714,968 779,547 Expenditures per List 399,000 800,000 573,200 602,500 337,000 Excess (Deficiency) 188,517 (183,907) 83,702 112,468 442,547 Cash Balance Available 12/31 $1,438,673 $1,254,766 $1,338,469 $1,450,936 $1,893,484 Cash Loan to Blocks 3 &4 875,000 875,000 875,000 875,000 875,000 Fund Balance 12/31 2,313,673 2,129,766 2,213,469 2,325,936 2,768,484 Accumulated depreciation 12/31 1,500,271 1,740,314 2,018,765 2,341,767 2,716,450 Interest is calculated @5.5% of previous years ending balance. Estimated Rental Rates for years beyond 1999 are based on a weighted average of actual rental rate increases from prior years. (9.25%) Estimated Accumulated Depreciation is based on a weighted average of actual increases in Accumulated Depreciation from prior years. (16.0%) The rental rates for 1999 are based on already calculated rental rates for that year. 1999 2000 2001 2002 2003 Police Marked Patrol Cars $ 60,000 $ 60,000 $ 60,000 $ 29,500 $ 60,000 Automobiles (unmarked) 15,000 16,200 Fire Carin's Iris 28,000 Utility/Personnel Vehicle 40,000 42,000 Truck-Telesquirt 475,000 One Ton 4x4 Pick-up Grass Pak 50,000 Mobile Breathing Air Unit 50,000 Heavy Rescue 325,000 Truck- Pumper 400,000 Engineering Pickup Truck 4X4 16,000 Pickup Truck 4X2 17,000 18,000 Street Single Axle Dump Truck/equip 95,000 95,000 95,000 100,000 100,000 Asphalt Pothole/Patching Truck 90,000 Brush Chipper 25,000 Snow Blower/Loader 60,000 Park Garbage Truck 55,000 Small Mower/Equipment 25,000 Skid Steer Loader 25,000 Large Mower 10.5 Ft. cut 55,000 1-Ton Truck Box/Hoist 35,000 Sewer Fund 1 Ton Truck Box/Hoist 4X4 35,000 Storm Drainage Fund Tractor/Backhoe 60,000 $ 399,000 $ 800,000 $ 573,200 $ 602,500 $ 337,000 Police 1999: 2 Patrol Cars ($60,000) . Replace two patrol cars purchased in 1995. Unmarked Car ($15,000) . Replace 1990 Dodge. 2000: 2 Patrol Cars ($60,000) . Replace two patrol cars purchased in 1996. 2001: 2 Patrol Cars (60,000) . Replace one patrol car purchased in 1997. Increase squad car fleet with one additional squad. Unmarked Car ($16,200) . Unmarked Administrative Vehicle. 2002: 1 Patrol Car ($29,500) . Replace one patrol car purchased in 1998. 2003: 2 Patrol Cars ($60,000) . Replace two patrol cars purchased in 1999. Fire 1999: Carin' s Iris ($28,000) . This device allows firefighters to see through the smoke in a burning building to find possible victims, fire hot spots, escape routes, or dangers to firefighters. Chiefs/Personnel Vehicle ($40,000) . This unit will be used for officer response to incidents, personnel transportation (fires, training, meetings etc. ) and also used to transport equipment and maintenance items between stations. In severe weather or other emergencies it will be used as a officer/command vehicle. This unit will replace the current 1983 Chevrolet utility vehicle. 2000: Truck - Telesquirt ($475,000) . This is the pumper which was in the plan for 1999. We are moving this out to 2000 and adding Telesquirt capability . This has increased the cost to $475, 000. It will replace the 1974 Mack Fire Truck. 2001: Heavy Rescue ($325,000) . This unit will be used to carry manpower and large amounts of equipment to fire rescue and medical scenes. This will replace the current 1986 Spartan heavy rescue (9510) . This has increased to $350, 000 from $325, 000 due to cost increases. 2002 : Truck-Pumper ($400,000) . This unit will replace the current 1985 Hendrickson Pumper. This pumper also acts as our large capacity foam system for hazardous materials / flammable liquid fires. This has increased to $400, 000 from $380, 000 due to cost increases. 2003 : Utility/Personnel Vehicle ($42,000) . This unit will replace the current 1994 Chevrolet 3/4 ton Suburban which is used for officers' response to incidents, personnel transportation (fires, training, meetings, etc. ) One Ton 4x4 Pick-up with Grass Pak ($50, 000) This unit will replace the current 1990 Ford 4x4 pick-up with grass pak. This is used for fighting grass fires, towing the rescue boat, and hauling horses and equipment. Mobile Breathing Air Unit ($50,000) . This is to replace the present unit which has been in service since 1982 and is on a 1968 chassis. The compressor on the system is worn badly and unreliable. The truck is in poor condition and very difficult to maintain. This unit is used to provide an on- scene constant supply of breathing air for SCBA (air packs) during any fire fighting situation. Engineering 1999: Truck ($16,000) . This would replace the 1989 inspectors vehicle. It is anticipated that due to the mileage and maintenance costs, this vehicle will need replacing by then. The department will continue to monitor this situation annually and adjust the equipment list accordingly. Replacement of this vehicle is for a 4-wheel drive extended cab pick-up truck. Currently, the City is using 2-wheel drive small pick-up trucks, and these vehicles have difficulties accessing and traveling on development job sites. Many times staff inspectors have to walk considerable distances to observe the construction work being done. Staff believes that this is not a cost effective use of time, particularly when the engineering inspectors are assigned several project sites. To meet the inspection needs of the department, a second 4- wheel drive vehicle is being requested for the Project Coordinator, who must access all jobs while coordinating the inspection programs for the City. This request is being made due to the amount of construction activity in the MUSA area south of T.H. 169. The Engineering Department does the inspecting and grading of utilities and streets before a gravel street is constructed. It is imperative that good vehicles be provided in order for the City to inspect the number of projects and developments that are occurring. In last year's bid, the extra cost for a 4-wheel drive vehicle was $1,374.00, and staff believes this cost is reasonable and holds its value for resale. 2001: Truck ($17,000) . See comments under 1999. This truck would also replace an existing truck that will be 10 years old.It is anticipated that due to age, mileage, and maintenance costs, this vehicle will need to be replaced. The department will continue to monitor this situation annually and adjust the equipment list accordingly. Replacement of this vehicle is for a 2-wheel drive extended cab pick-up truck. 2002: Truck ($18,000) . See comments under 1999 replacement truck. This truck would also replace an existing truck that will be 10 years old. Street 1999: Single Axle Dump Truck with Equipment ($95,000) . This will replace Truck #107 which meets the Guideline Replacement Standard. Asphalt Pothole/Patching Truck ($90,000) . Due to increased workload and the ability to save man-hours, the Public Works Department is requesting to add an asphalt pothole/patching truck to its fleet. This truck keeps the asphalt material hot and also is equipped with a pressurized tank for spraying tack oil, which creates a long lasting repair. With the addition of this truck, the department in most cases can use a two man crew instead of four. The annual rental rate of this vehicle, with a 15-year life expectancy, is approximately $10, 500. The cost will be entirely picked up by the reduction in crew size, better organization, superior patches, and longer road life. 2000: Single Axle Dump Truck/Equipment ($95,000) . This will be an addition to our fleet. Due to increase in road miles, the Public Works Department is requesting to add another plow truck to our fleet in order to maintain a reasonable level of service (8 to 10 hours per snowfall event) . Brush Chipper ($25,000) . The Public Works Department currently has a 1978 Lindig brush chipper. With advanced technology and a greater concern for safety, we are requesting to replace this with a self-feeding model. 2001: Single Axle Dump Truck/Equipment ($95,000) . This will replace existing Truck #101 if we find the condition of this truck warrants replacement prior to the guideline replacement period. Snow Blower/Loader ($60,000) . This will replace the existing 1987 Root snow blower which will be beyond the guidelines for replacement. This blower is used to load snow from the downtown as well as other areas. 2002: Single Axle Dump Truck/Equipment ($100,000) . This will replace existing Truck #108 if we find the condition of this truck warrants replacement prior to the guideline replacement period. 2003 : Single Axle Dump Truck/Equipment ($100,000) . This will replace Truck #103 which meets the Guideline Replacement Standard. Park Maintenance 1999: Garbage Truck ($55,000) . This will replace Truck #122 which will be 15 years old at this time and meets the Guideline Replacement Standard. This truck is used for downtown and park garbage pick-up. 2000: Small Mower/Equipment ($25,000) . This would replace the existing 1990 Toro 220D mower, which will be 10 years old at this time. Attachments besides mower, include snow blower and cab for snow removal. Skid Steer Loader ($25,000) . This will replace the existing 1990 Melroe Bobcat 743 , which will be 10 years old at this time. 2002: Large Mower (i.e. GM455D Toro) 10 1/2 Foot Cut ($55,000) . This will be an additional mower in order to maintain the service level in our parks system. By the year 2002, it is anticipated that additional park land will be added and turf established for mowing maintenance. 2003: 1-Ton Truck Box/Hoist ($35,000) . This will replace truck # 111, which is a retired vehicle but is used extensively in the Public Works Department. This vehicle will be 20 years old. Sewer Fund 2000: 1-Ton Truck Box/Hoist 4x4 14,000 Lbs. ($35,000) . This will replace Truck #125, which will meet the Guideline Replacement Standard. Storm Drainage Fund 2000: Tractor Backhoe/Loader ($60,000) . Due to numerous ponds and ditches constructed the past few years, additional maintenance items such as pond cleaning and ditch cleaning/regrading are needed. Other uses are storm sewer repair, sanitary sewer adjustment, etc. The majority of use would be in maintaining the storm water system, therefore, the equipment should be funded by the Storm Drainage Fund.