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02/07/1995
TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of January 17th and 24th, 1995 10] Communications: *a] Steve Morgan, Stafford Alumni Association, regarding access to Memorial Park after normal hours *b] Michael Jensen regarding recreation facility 11] PUBLIC HEARINGS: a] 7 : 00 P.M. - Currency Exchange License - American Pawnbrokers, 450 West 1st Avenue, Res. No. 4160 b] 7 : 30 P.M. - Installation of Water Services along CR-16, Project No. 1995-3 , Res. No. 4168 12 ] Recommendations from Boards and Commissions: *a] Amendment to Shakopee Area Transit Policy *b] ECFE Dial-A-Ride Demonstration Project c] Preliminary and Final Plat for Minnesota Valley Health Campus (MVHC) , located E of CR-17 , S of the proposed southerly bypass and N of Valley View Road, Res. No. 4162 TENTATIVE AGENDA February 7 , 1995 Page -2- 13] Reports from Staff: *a] Snowmobiles b] Recreation Facility - Construction Mgr. & Design Services *c] Purchase of A Street Sweeper - tabled 1/17 *d] Purchase of A Printer *e] Surplus Property *f] Approve Bills in the Amount of $1, 152 , 477 . 85 ($239, 395. 00 is debt service payment) *g] Township Recreation Contribution Policy *h] Request for Easement - U. S. West *i] Economic Development Coordinator Position *j ) Application for On Sale 3 . 2 Beer License - Chin Yung Inc. *k] Application for Temporary Liquor License - St. Mark's *1] Nominations to Boards and Commissions m] Amending the Special Assessment Policy - Res. No. 4164 *n] City Service Availability Charge (SAC) - Ord. No. 402 and Res. No. 4165 o] Wetland Replacement Plan for Ryan Contracting - Res. 4170 *p] Westside Flow Allocation Study - Ord. No. 400 q] Lease Renewal/Senior Nutrition Program *r] Black Powder Shoot - Murphy's Landing *c] Vacation Carry-Over Request 14] Resolutions and Ordinances: *a] Ord. No. 399 - Changing the Name of Homestead Way *b] Res. No. 4161 - Approving Service Contract for Public Transportation Service for 1995 *c] Res. No. 4163 - Amending 1995 Fee Schedule for Non-Resident Youth Activity Fees *d] Res. No. 4169 - Apportioning Assessments for Jeff's First Addition *e] Ord. No. 401 - Extending Restrictions On Development In Blocks 3 and 4 , Shakopee City *f] Res. No. 4166 - Approving Plans And Specs & Order Ad For Bids for Downtown Alleys, 1993-9 *g] Res. No. 4167 - Approving Plans And Specs & Order Ad For Bids for Sarazin & Roundhouse Sts, Project 1994-10 *h] Res. No. 4171 - Accepting Work on Valley Park 11th Addition, Project 1993-10 15] Other Business: a] b] 16] Adjourn to Tuesday, February 21st at 7 : 00 p.m. Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: February 3, 1995 1 . Attached is the February Business Update from City Hall . 2 . Attached is the February calendar of meeting schedules . 3 . Attached is a memorandum from the Planning Director regarding the Eagle Creek Bluff PUD. 4 . Attached is the monthly project report from the Assistant City Administrator. 5 . Attached are the January 18, 1995 minutes of the Scott County Economic Development Coalition. 6 . Attached is the Annual Report for 1994 from the Legal Department . 7 . Attached is a memorandum from the City Attorney regarding the Personnel Handbook. 8 . Attached is correspondence from Paragon Cable for your information. 9 . Attached is correspondence from Jon Albinson regarding the Minnesota Business Environment . 10 . Attached are the January 18, 1995 minutes of the Community Development Commission. 11 . Attached is the quarterly publication of the EHLERS ADVISOR. 12 . Attached is a memorandum from the Planning Director regarding the Savage AUAR/ADR update . 13 . Attached is a memorandum from the Planning Director regarding the Knights of Columbus Hall . 14 . Attached is the Police Newsletter for Council review. 15 . The City has received an application for authorization for exemption from lawful gambling license from the Minnesota Conservation Federation. Their annual convention will be held at Canterbury Inn on August 11-13, 1995 . Based on the information I have been provided, more than 75% of their raffle tickets will probably be sold to non-residents of the City of Shakopee. As a result of this, they are exempt from the City Code requirements to expend 75% of their expenditures for lawful purposes on lawful purposes conducted or located within the City' s trade area. 16 . Attached is the Building Activity Report for January 1995 . 17 . Attached are the February 9, 1995 agendas for the Planning Commission and Board of Adjustment & Appeals . 18 . Attached is correspondence regarding the Savage Alternate Water Source Study. 19 . Attached is the monthly progress report from the Engineering Department . 20 . Attached is a memorandum from the Staff Engineer regarding C.R. 15 Pedestrian Crossing. 21 . Attached is a memorandum from the Staff Engineer regarding the T.H. 101 Bypass R.O.W. Costs . BUSINESS UPDATE FROM CITY HALL Volume 9 No. 2 Dear Chamber Member: February 1, 1995 Administration scooters as well as prohibiting their use on state highways, county roads, in the industrial park and on certain (busy) streets within Shakopee. On January 17, 1995 the Shakopee City Council approved the pay schedule for the non-union employees of the City of Shakopee. The majority Community Development of the non-union employees received a 3% cost of living adjustment. Several position classifications On January 24, 1995 a motion was made by the that were over compensated in terms of internal Committee of the Whole to recommend to City equity received a lump sum increase that varied Council that the moratorium on Blocks 3 & 4 be between 0% and 2%. Negotiations for 1995 wages extended for a 6 month period. The moratorium for the office technical and clerical union, police in place was scheduled to expire on March 17, union and sergeants unions continue. 1995. It is the desire of City Council to continue to evaluate the redevelopment potential for these P On January 17, 1995 the Shakopee City Council blocks over the next 6 month period. In a moved to appoint Bruce Loney to fill the vacant related matter, the City Council requested staff Public Works Director position. Mr. Loney was to determine whether or not the City could formerly employed by the City of Prior Lake as establish an Economic Development Fund with their Assistant Public Works Director. Mr. Loney remaining tax increment fund dollars. The currently resides in Prior Lake and will begin Economic Development Fund could be utilized to employment on February 6, 1995. stimulate development interests in redevelopment projects and/or new commercial/industrial projects. City Clerk On February 7, 1995 City Council will be At their regular meeting on January 3rd, City requesting Council approval to solicit Council designated the Shakopee Valley News as applications for a newly created Economic the City's official newspaper and adopted their Development Coordinator position. The 1995 meeting objectives and procedures for 1995. The Budget did include funds to create this new City Council concurred with Mayor Laurent's position. The Economic Development liaison appointments to various boards and Coordinator will be responsible for evaluating the commissions. development potential for Blocks 3 & 4 in Downtown Shakopee. The position will also At their regular meeting On January 3rd, City promote and coordinate all economic Council adopted an ordinance regulating the use development activities for the City. of rollerblades, rollerskates, skateboards, and Engineering/Public Works Planning The Engineering Department will be asking City BOAA Meeting 1-05-95 Council at their February 7th meeting to set a date for a public hearingto order improvements Canterbury Downs CUP for Snowmobile Races Approved P Chris Anderson CUP to Relocate a Structure Withdrawn for the construction of Vierling Drive between County Roads 79 and 77. Staff is currently working on the design of P & V Additions for PC Meeting 1-05-95 new sanitary sewer, watermain and streets. Staff Valleyfair Planned Unit Development Rec.Approval is also working with the City's consultant on the St.Francis: MVHC Preliminary/Final Plat Rec.Approval design for sanitary sewer along C.R. 16 and Rahr Malting Co. 1980 Comp. Plan Amend. Rec.Approval Roundhouse Street between 4th Avenue and C.R. Hauer's 5th Addn. Preliminary Plat Rec.Approval Hauer's Townhomes Preliminary Plat Withdrawn 16. In addition, staff is working on updating Orleans 1st Addition Final Plat Rec.Approval City base maps. City of Shakopee Zoning Text Amendment Cont'd Police Park and Recreation The Police Department, with assistance from At a Committee of the Whole meeting on January Mainstream Computing, has successfully 24, 1995 the Shakopee City Council requested staff implemented the IACP NET. The IACP NET is to pursue the necessary steps to facilitate the made possible through the efforts of the construction of an ice arena that would include a International Association of Chiefs of Police. It mezzanine level to accommodate community is the most comprehensive information network wrestling and gymnastics programs. The project designed specifically for law enforcement would also include the development of the professionals. Some of the features of IACP property South of the High School area including NET include: the construction of ball fields. A recommendation will be forwarded to City Council on February 7, *Law Enforcement Legislative Information - 1995 to hire a construction manager for this providing timely status updates, and special project. legislative analysis from IACP on legislation directly affecting law enforcement. On January 24, 1995 the City Council met with Jackson and Louisville Townships to discuss the *Quest-Response - allows officers to exchange Townships contribution to the City for recreation questions and answers with other law programs. At that time, the Townships agreed to enforcement agencies, discovering what they have reimburse the City$10.00 per participant with an done to solve similar problems. additional fee of between$10 and$15 to be applied at the time of registration for non-residents *Data Base - provides a library of innovative participating in City recreation programs. programs and ideas. *Special Information Groups - allows access to groups like the National Highway Traffic Safety Administration. No budget dollars were used to fund this project. 1995 J a n 2 2 MIME Ma r 4 1995 Meeting Schedules SUN MON TUE WED THU FRI SRT Jan 22 Jan 23 Jan 24 Jan 25 Jan 26 Jan 27 Jan 28 7:00pm Park & 5:30pm Recreation Committee of the Whole Jan 29 Jan 30 Jan 31 Feb 1 Feb 2 Feb 3 Feb 4 7:00pm Park & • 3:00pm Recreation Committee of the Whole Feb 5 Feb 6 Feb 7 Feb 8 Feb 9 Feb 10 Feb 11 4:30pm Public 7:00pm City 7:30pm Planning Utilities Council Commission Feb 12 Feb 13 Feb 14 Feb 15 Feb 16 Feb 17 Feb 18 5:30pm Community Development Commission Feb 19 Feb 20 Feb 21 Feb 22 Feb 23 Feb 24 Feb 25 City Hall Closed 7:00pm City - Presidents Council Day Feb 26 Feb 27 Feb 28 Mar 1 Mar 2 Mar 3 Mar 4 7:00pm Park & Recreation -- - 3 Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Eagle Creek Bluff PUD Public Access Easement/Habitat Improvements by the DNR Date: January 31, 1995 NON AGENDA INFORMATION ITEM: Mr. Klaas Van Zee has requested that City staff inform the City Council on the proposed use of the Eagle Creek Bluff PUD Open Space by the Minnesota Department of Natural Resources (DNR). Mr. Van Zee is currently negotiating with the DNR and Trout Unlimited to provide public access to Eagle Creek in the open space within the PUD. The DNR would also propose to make habitat improvements in the PUD open space. The Eagle Creek Bluff PUD approved by the City Council included 14.6 acres of open space around the headwaters of Eagle Creek. In the approval of the PUD, the City Council required that the applicant dedicate a public access easement and construct a wood chip trail around Eagle Creek in the open space area. The homeowners association for the PUD was required to be responsible for the maintenance of the open space area. The Eagle Creek Trail was a part of the negotiated PUD agreement for this project. Based on the public access requirements listed in the conditions for the PUD, staff has indicated to Mr. Van Zee that the recording of a public access easement to the DNR would be acceptable for public access to the Eagle Creek area. As a part of the AUAR/ADR discussions, it would be helpful to Mr. Van Zee to be able to dedicate this access easement within the next few weeks so that he could complete his negotiations with the DNR and Trout Unlimited. Two alternatives exist for the recording of the public access easement. The first would be with the subdivision plat for the Eagle Creek Bluff PUD. The second alternative involves the recording of a public access easement for the trail access. Due to the time frame involved with the platting process, Mr. Van Zee would prefer recording the public access easement. The City Attorney has also indicated that a separate maintenance agreement between the DNR and the homeowners association from Eagle Creek Bluff should be developed to clarify maintenance responsibilities. This document should be related to the public access easement document when it is recorded. If members of the City Council have any questions or comments with regards to the public access easement recording or the maintenance agreement, please call me or Karen Marty at 445-3650. Thank you. (ecbpud.cc) . 1 ,_.. o r .N V7 L •,1 c'' _ �._ 7 r • = Q. I .. .; -. a . m •'• aV a a 44 I- a I �— WLi < cl• /k2 • i 14 . :, � CD CD cn z 4 r ii pM• Z • it ° of cc; U_>MINN aia5 , o » rs� s W �—• h4'Y �i a C7 x r °H.: 'hl " //�� Li■ a n q r i o i N `V I. in o9g . ; . i F w ss ins 9999 0 1— wi zz: w 0330 i� z Hr CC C ..1a p N J 11 - y_ le • % 1\ \ r........._ c., .• \ \ Cap t 1iJ / w..,. \O \ ~�•`• 17)100i:.g•A Ili I H \\ \ \L^ol /e. .� W I ,pg, I :41\\ a• /Jf ....00, v / . 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O w 1 .0 W rI. �\•••,-\\ \\\ I j1l O O i `�QO� �� • ~� C47 / o? �'` `•�ooc—' . \\�\ \\ I U n IL CV , /���`,•-.,-,�J/ k.._ ` . 1 N\\*V 1 ' 1 o /rya' C•1 / n "� • . \\\ \\\ \\ \ ;I' co. / < / I 3•a 1 7 s\ \ce \ ' Iv ri "---...1 ,?, I. , 1 I V 3 T\ \\ \ I g I 'd' Ibit _ 9ri ,. -, o \ 1 . \ 1. p ab / tI a 1 cc o e vs \ t\\\ t---------1 .- ay.,...-1 ��,\.........,----7-----------_-\ __r-- _ a ..... _--.-- \ I og II \\\ \\\\\ ` i / i LS, `r\ \\I •__�`�_-- �, � 014 112S i! y\\\ \\ \ SE9.17•U'i 17.9.00 ,\\\t \ South 11110 u,M•NwM 1770.00•of IM SE 1/4 ' „'pl\\\\;\ s• \t •• `1\\\\\ •f • \ • ,1 411 Monthly Project Report - Submitted by Barry Stock January 25, 1995 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% Intern Project 2 . AWAIR Program ? ? 0% Intern Project 3 . Perform Employee 11/1 6/1 50% Evaluations 4. Develop Pay for Perf. Program 4/1 12/1 95% Intern Project 5. Downtown Utility 2/15 ? 5% Easements 6. City Residents Guide 12/15 7/1 40% 7. Complete steps to 8/21 3/1 25% create Econ. Dev. Auth. 8. Building Dept. Permit 9/10 11/15 100% Survey 9. Complete 1995 Rec. Fee 10/15 11/21 100% Schedule 10. Complete Warming House 10/15 12/15 100% Remodeling 11. Complete Contract Negotiations a. Sergeants 11/9 ? 0% b. Police ? ? 0% c. City Hall ? ? 0% 12 . Complete 1995 Non-union 12/2 1/15 100% Pay Plan 13 . Develop Employee Training 2/1 3/15 0% Program 14 . Community Center Issue 1993 1995 ? 15. Blocks 3 and 4 1/24 1995 ? Moratorium 16. Railroad Depot Property 2/7 6/1 0% 17. Dial-A-Ride Contract 2/1 3/31 10% 18. Van Pool Contract 12/14 3/1 30% 19. City Newsletter 1/30 2/28 0% Need Budget Amendment 20. Met Council Transit 1/1 2/10 75% Agreements for Service 21. Neighborhood Meeting 1/17 3/1 0% Concept 22 . Recreation Twshp. Fee 1991 2/1/95 80% Policy 23 . Admin. Policy RE: Common 12/21 2/15 10% Sewer/Water Line for Condominium Units Scott County Economic Development Coalition January 18, 1995 Members in attendance: Barry Stock, Jeannie Robbins, Stewart McMullan, Bonnie Carlson, John Breitbach, John Albinson, Greg Hoehn, Kay Lewis and John Heald. The 38th meeting of the Scott County Economic Development Coalition was called to order at 8 : 00am on January 18, 1995 at the Shakopee City Hall . I . Approved the minutes of December 14, 1994 SCEDC meeting Motion by Carlson. Seconded by Breitbach to approve the December 14, 1993 meeting minutes as kept . Motion carried unanimously. II . Treasurer Report Mr. Breitbach reported that the checking account had a balance of $1397 . 12 . III . Update on SBA Activity No report . IV. State Economic Development Activities Mr. McMullan stated that the Department of Trade and Economic Development has a fax alert during the legislative session which is distributed to all interested parties . The fax alert highlights activity occurring in the legislature as it relates to economic development . Mr. McMullan also stated that DTED is considering proposing legislation to allow Counties to create Economic Development Authorities . They are also trying to secure more funding the Economic Recovery Program. Mr. McMullan also noted that the community profiles should be delivered shortly. V. Development Activity in Scott County Savage - John Heald reported that there were 284 new housing starts in Savage in 1994 . This was down from the previous year. He noted that lot availability was down from previous years and this had an adverse impact on new housing starts . Mr. Heald also commented on the AUAR CalCariuos Fen process that Savage is currently going through. He commented on the alternative dispute resolution panel that has been created and the time frame for approval . Valley Green Business Park - Jon Albinson reported that Minnesota Roadways will be building their project this year. They will also be doing a 504 small business loan. Mr. Albinson also noted that Valley Green will be constructing a 60, 000 multi-tenant building this year. Prior Lake - Bonnie Carlson reported that they have received a number of inquiries regarding their industrial park within the past month. She also noted that Becker Arena Products is considering an expansion. She also noted that the new video store in downtown Prior Lake, has recently opened. Ms . Carlson noted that there were 286 single family housing starts in Prior Lake in 1994 . Shakopee - Barry Stock reported that he has been receiving a number of calls from small industrial development prospects . Most of them are requiring regarding incentive packages available. Mr. Stock noted that he has sent several prospects to Prior Lake since they have a number of smaller parcels available within their industrial park and are offering incentive packages to smaller industrial prospects . Mr. Stock noted that discussion continues on the redevelopment status of blocks 3 and 4 in downtown Shakopee . He hoped that the new Economic Development Coordinator Position will be filled by March. Mr. Stock commented on the status of the community center project . He stated that he hoped the City Council would provide clear direction on this issue within the next 30 days . Housing starts in 1994 were slightly below 1993 figures . VI . 1995 Work Plan Mr. Stock stated that he would like the committee to spend some time today discussing various components of the 1995 work plan. Mr. Stock questioned whether or not the coalition should conduct an Economic Development Day again in 1995 . Mr. Albinson stated that he though the coalition should not pursue an Economic Development Day in 1995 . Mr. Stock suggested that perhaps the coalition could work with the Scott County Transportation Coalition on the Bloomington Ferry Bridge Project Grand Opening. Mr. Stock stated that he didn' t want the coalition to steal the thunder of the Transportation Coalition but that it did present an opportunity to work together to publicize the opening of the bridge . The impact of the highway project will certainly stimulate economic development activity in our area. This would be a tremendous opportunity to invite developers and brokers to our area and show them that the bridge is finally open. It was the consensus of the coalition that this concept should be pursued with Brad Larson and DJ Leary. Mr. Stock stated that he would also contact Council member Beard and Mayor Laurent in Shakopee to determine if the concept would be workable. Mr. Stock commented on the need for a labor survey. Mr. Albinson stated that he has always felt that a labor survey would be beneficial . Mr. Stock said that there are several means of distributing the survey to all residents in Scott County including the Scott County quarterly newsletter. The primary problem that we have is to identify someone to actually develop the survey and coordinate distribution. Mr. Stock stated that this item should remain a priority in 1995 and that perhaps an intern in one of the participating communities could be assigned to complete this project . Mr. Stock stated that the local Public Access Corporation in Shakopee has a grant program to stimulate local programming. He stated that this might be an opportunity for the Coalition to pursue in an effort to create a video on Scott County. It was the consensus of the Coalition that this grant application should be pursued. Mr. Stock stated that he would follow up accordingly. He stated that the only time commitment from the Coalition would be to develop a script for the program. He thought that a subcommittee could put together a script within a relatively short time period. John Heald questioned whether or not Valley Green Park would be having a booth at the OCR Convention. Mr. Albinson responded in the affirmative. Mr. Albinson stated that any Scott County Coalition representative would be welcome to assist him in staffing the booth. He stated that he would also be willing to hand out information on the Coalition at the convention. Mr. Albinson suggested that in 1996 it would be beneficial for Valley Green Business Park and the Coalition to work together to lease a larger booth at the convention. It was the consensus of the committee that this was an idea that should be pursued in 1996 . VI . Next Meeting Mr. Stock stated that he has a meeting conflict and cannot attend the regularly scheduled meeting on February 15, 1995 . He questioned whether or not the commission members in attendance would object to moving the meeting to February 8, 1995 . There was a consensus of the members present that the February meeting should be held on February 8th at 8 : 00 am in Shakopee meeting room. VII . Adjournment The meeting adjourned at 9 : 15 am. t (,) LEGAL DEPARTMENT ANNUAL REPORT FOR 1994 LEGAL DEPARTMENT ANNUAL REPORT FOR 1994 The Legal Department encompasses both civil law and criminal law. In our criminal area, we prosecute criminals, handle criminal appeals, work with victims, and work with the Police Department to improve arrests and prosecution. In our civil area, we handle the myriad projects that come our way, as well as civil cases. The projects include research of various laws, preparation and interpretation of ordinances and resolutions, drafting and review of contracts, providing legal memoranda, and many other items. Civil cases this year have ranged from registration of property, to discrimination, to license denial issues, to wetlands. The criminal area (prosecution) will be discussed first in this report, followed by the civil projects, and finally litigation. Since the Legal Department represents SPUC as well as the rest of City government, their major projects and litigation are included. Anyone with any questions about this report or any portion of it should contact Karen Marty, City Attorney, 445-3650 . Prosecution Charts are attached showing our 1994 prosecution activity. These show the various items that require an attorney' s attention in court, as well as the total number of appearances. For the most part, each court trial is on a petty misdemeanor case. Calendar calls are all misdemeanor cases. All gross misdemeanors require a first appearance and an omnibus hearing. Both misdemeanors and gross misdemeanors can result in jury trials, sentencings, and probation revocation hearings. (We have several times more probation revocation hearings scheduled than are charted; we only chart the contested ones. The judges have indicated that the attorney' s presence is desired but not mandatory for uncontested probation revocation hearings, and we occasionally skip these; the attorney' s presence is mandatory for all other appearances on the chart . ) The charts show that our prosecution workload continues to grow. Numerical totals for the years are as follows : Total Court Year Cases Appearances 1991 (10 months) 249 390 1992 384 640 1993 428 756 1994 545 941 As you can see, we have twice the prosecution workload that we had in 1991 . The total number of required court appearances has increased slightly per case (from 1 .57 court appearances per case in 1991 to 1 . 73 appearances per case in 1994) , which is a direct result of the addition of gross misdemeanors (added in 1992) . Petty misdemeanors and misdemeanors typically can be dealt with the first time the attorney handles the matter in court; rarely two appearances are needed. In contrast, gross misdemeanors generally require two appearances, frequently require three, and only rarely can be resolved the first time the attorney handles the matter in court. Gross misdemeanors have been 0, 91, 79, and 127 of our total cases in the years 1991 through 1994, respectively. In 1994 we also had our first two appeals to the Court of Appeals. Briefs had to be written, and oral argument was made in each case. In one case, the trial judge had made an erroneous ruling. We had to attempt to support his ruling, and the Court of Appeals ruled against us (which was proper) . The end result was that the defendant pled guilty to a misdemeanor DWI rather than a gross misdemeanor DWI, and received a smaller fine and less jail time. In the other case, the defendant had pled guilty, but after nearly a year had passed, the defendant decided that she wanted to withdraw the plea and go to trial . When the trial court agreed with us that she was too late, she appealed. The Court of Appeals ruled in our favor, and her guilty plea remained in effect . In contrast with these increasing numbers of cases, our fine revenue is actually decreasing. This places an entirely unfair burden on the Shakopee taxpayers for criminal activity. Our fine revenue was $60, 788 in 1990; for the following three years it was $51,449; $63, 664; and $63, 773 . In 1994 it decreased to $59, 620 . Although there are minimum fines required by statute for all cases, our judges in Scott County refuse to impose them. The legislature also changed the law for 1994, requiring that a greater portion of all fines be sent to the state. This financial issue is a serious one, and is under review by the First Judicial 2 District. Hopefully they will take some action to correct it . I also will be working with the Court Administrator in early 1995 to determine if Shakopee is getting its correct portion of the (limited) fine revenue. Civil Work In 1994 the Law Department completed work on a number of important projects. The main projects are listed below. A litigation summary also is attached. Annexation. We completed an orderly annexation of land from Jackson Township. This annexation aligned our southerly border with the western section of the Southerly By-Pass . EDA creation. The City Council directed staff to create an Economic Development Authority, and dissolve the Housing and Redevelopment Authority. This work was initiated in 1994, but completion will not occur until early 1995 . Historical files. A lawfirm which previously handled cases for the City routinely discards its files after a period of years . They offered their City files to us, which we accepted. Some of them contain valuable historical information about how various things occurred. The three dozen boxes of files have been reviewed, and thinned to a more useful half-dozen. Murphy's Landing. A new three-year lease was prepared after substantial discussion and negotiation. In addition, a second agreement has been entered into with a long-term lessee of the property for a Halloween celebration. Pawn shops. After concerns regarding stolen property were raised, a comprehensive ordinance was prepared to license and regulate pawnshops. All three existing pawnshops were given time to come into compliance; two ultimately were licensed. The third pawnshop, B&B, sued. (See the litigation summary. ) NSP franchise. Negotiations occurred off and on during the year for a new franchise with NSP. Negotiations appear nearly complete, and the new franchise should be presented to the City Council in early 1995 . Registration of the "Rutt" property. Some time ago the HRA attempted to convey title to property at Market Street and Fourth Avenue to David Rutt, but it was determined that title needed to be cleared. Outside counsel worked hard on this one, but it was extraordinarily complex. This year the title registration and registered land survey were completed, and clear title finally was conveyed to Mr. Rutt . 3 Rollerblading. Comprehensive amendments were made to our bicycling ordinance to regulate rollerblading. Sexual harassment. Staff prepared and presented a brief summary of sexual harassment information to city employees in four different sessions . Springers on Main. After numerous complaints and possible ordinance violations, staff prepared for a hearing on Springers' liquor license. However, Springers entered bankruptcy prior to the hearing being scheduled. This matter is on hold, waiting to see if Springers reopens. SPUC contract forms. Several old contracts and pseudo- contracts were replaced with new forms. New procedures were implemented to see that proper contracts are used for various projects. SPUC electrical substation. A voluntary EAW was prepared on the proposed SPUC electrical substation site. The EAW was reviewed by the state Environmental Quality Board, which was clearly biased against the electrical substation. After huge investments of time, the City finally received a negative declaration on the need for an EIS (which was what we wanted) . The Marschalls, who were the most out-spoken opponents of the project, promptly sued the EQB. Meanwhile, SPUC began considering an alternative site for the electrical substation. This matter is still pending. SPUC water tank site. A site was acquired on which SPUC plans to construct a water tank. Staffing. In late April the half-time prosecutor resigned. Two months later he was replaced with a full-time prosecutor. The clerk-typist also was made full-time from half-time, to handle the increased criminal workload. Zoning ordinance. A series of drafts of the zoning ordinance were prepared as revisions were made. A final ordinance and summary were prepared to and adopted by the City Council in 1994 . 1994 City Code update. Although there was hope to prepare pages to insert into the 1991 City Code, compiling all amendments since the last publication, this project got put off for more urgent items. This remains a priority for 1995 . 4 LITIGATION B & B v. City. A pawnshop license appeal . After the City adopted an ordinance requiring pawnshops to be licensed, Mr. Bell failed to meet all the ordinance requirements and was unable to obtain a license. He sued on various grounds, and our insurer took the case. The District Court ruled that the Court of Appeals had to review this issue under a writ of certiorari, because it involved a refusal to grant a license. The matter was heard by the Court of Appeals in early 1995, but no decision has been rendered yet. Bell v. City. A defamation action. Mr. Bell had his attorney send a claim letter, alleging that he was defamed by the information which indicated that he failed to qualify for a pawnshop license. No lawsuit has been filed. The attorney who drafted the claim letter has withdrawn from representing Bell . City v. Hatch. A condemnation case. This case was started years ago by a former attorney for the City, and contained an erroneous legal description. A deed from the property owner had to be obtained, the improper legal dismissed from the case, and new papers filed before we got title. This case was finally closed in 1994 . Dixon v. City. A race discrimination claim. A black man was stopped by the Savage police, and he claims that he was stopped and treated improperly because of his race. A response was sent to the Minnesota Department of Human Rights explaining that our police department did not stop Mr. Dixon. In early 1995 the Department of Human Rights dismissed the case against Shakopee. EPA v. SPUC. A pollution case. The federal EPA sued SPUC for improper labelling, storage, and disposal of PCBs. SPUC' s actions occurred and were corrected years ago, but the EPA had never gotten around to "finalizing" their review by suing and getting a penalty as provided for in their rules . After months of negotiation and review, we were able to settle this for a very small penalty. Kluq v. City. An easement case. Klug wanted the City to pay for use of the drainage easement in his yard, and sued in conciliation court . The court ruled in our favor, that we do not owe him any money for using the easement. 5 Lewis v. City. An age discrimination claim. A former City employee filed a claim with the Minnesota Department of Human Rights, alleging that she was terminated due to her age. She lost her job in a reorganization. A response has been filed with the Department of Human Rights. MPCA v. City. A superfund pollution claim. The MPCA is involved in cleaning up a landfill to which Shakopee apparently sent some items. This could have been an expensive claim, but in 1994 the legislature adopted a law which should fund the clean-up. The claim has been placed on hold indefinitely and hopefully will be dropped. Starks v. MPRS; Fields v. MPRS. Discrimination cases. These are related cases alleging that the MPRS (which recruits and tests candidates for police officer positions) used a testing method that had a disparate impact against blacks . The case is not over yet, but the plaintiffs have won some important early rulings. The MPRS has revised its testing method. The City also has withdrawn from its contract with MPRS, and will be using other means to screen police officer candidates. Trout Unlimited v. City. A wetlands appeal to BWSR. Trout Unlimited filed a claim that the City improperly granted a wetlands exemption to the developer by Eagle Creek and Boiling Springs. After determining that no such exemption validly was granted, the Board of Water and Soil Resources dismissed the appeal . At the end of 1994 the wetlands issues remained unresolved. [24ANNRPT] 6 rn C % V/ 'InT !!! T T T 1 Cif) • W ° Cs0) MON > Z ,./.66ovAwAvtAw:66w/m/AwmwAz, Av A, A, ,,, 0 (11111iiiilllfl)miiii111I11w-(HILI-N{ulH1n I U Er _ I=MI 7/////////ii/z/z/zwzrzriiizz/z/ziizy zriiii W - WI. Il/tit riltin ft! CZ / / /i / / / / Q.. a) 0.. BI 111 ..I / / 0 }. - Z 11.1 0 CC M 0111011111411111 Litt / / ///// // / /// // < D co ... . ...i. �,iii, :,, :,iii., i i, iii 4 0 OR I 1111111111 I I(Ii I I I I Ii lii 1411 1111111111111111 IlliCC / / / / Q - Milli I CO / I- W (IIIMICIIIIIIIIII11111 Z 0 • F- 8 8 - g 0 r T S2ONV} IV2ddd JO }J38Wf1N er IMIIIIIIIMIIIIMIIMM. 4-4 WIWOIO.....16W.4. 'V /92%2V/i - • , ..,. ':,-- ,. .,,,.., . ,,,.,/,.///////4 §, ..51.4665M45!h. •-I 'Cr M11.11.11M11111.11 . , , 1..1 MIIIIIMMINMINIm , . I-I K.X...........:•:•;...4:I k \1:::///////: •-•1 ..i. 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I: .."..9%%*/%22ii ' . .- . c:rN „-„„,„„ .!,1,/X I CN :V Illig!Z, e--i mtxtm. NI; v. :..........0, , , ,, -. Immoommems. en = c,fxr,:n• A i;;i//://///7.40%/7/7/. C.,.5 2j •.• a. •, .....„0„..... N!PP PI!/77./40! 1..4 , • ' — ' ' Z. "CI r__, iNiii M 0 N•IN m i I Nu=IN 1 m , '" ci' 0 r—' X: I II II I I I'V//././.// a 1 m m 1 NI 1 NI mi 1 1 ..sa t, ,..,,,,,,,,,,,,,,,,,,,, . . .. §- LI g IMg MOM IMMO IMMO MOM SOOUUJUOddV JO JOCRUnN • MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL LAA FROM: Karen Marty, City Attorne DATE: January 25, 1995 RE: Personnel Handbook BACKGROUND: The City presently uses an old set of Personnel Policies to govern the benefits and behavior of its employees. Some of these policies are obsolete, some dubious legally, and some virtually unknown to the affected employees. I have drafted a comprehensive new set of policies, encompassed in a single document, entitled the Personnel Handbook. Many changes were made, to modernize the existing policies and improve our situation legally. At various department head meetings other changes were added, to make the text more consistent with what is occurring (e.g. to follow our health insurance policy more closely) , to make our policies consistent with union contracts, and to suggest changes that might improve employee morale without significant costs to the City. ISSUE: The new Personnel Handbook, as drafted, is fairly lengthy, about 35 pages long. Does the City Council want this presented at a regular meeting or at a committee of the whole? ALTERNATIVES: 1 . Direct staff to prepare the appropriate documents to present the draft Personnel Handbook to the City Council at a regular meeting. 2 . Select a date for a committee of the whole meeting to discuss the draft Personnel Handbook. 3 . Keep the existing Personnel Policies. RECOMMENDATION: Select a date for a committee of the whole meeting to discuss the draft Personnel Handbook. [24MEMO2] P.3 PARAGON C A BL E MINNESOTA January 20, 1995 Mr. Barry Stock Assistant Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Stock: I am writing in regard to repairs made to fix the government access channel in Shakopee. Paragon Cable's Dave Sorenson found a number of different problems all coming from subscriber's homes. Problems varied from Ham radio and CB interference, to splitters in subscriber homes which had been installed backwards. He had to check each amplifier in the affected area to find where the interference was entering our cable line and he eliminated the unwanted interference on the return line by installing some specialized equipment. Please note, on January 25, 1995, Paragon will begin electronically "sweeping" the Shakopee cable system. The procedure involves inserting a known signal source that we monitor for signal quality comparison. As you may know the cable signals must meet certain specifications. If those specifications are not met, repairs will be forthcoming and the affected area may be down for a few minutes at a time. This procedure helps us maintain consistent signal quality on all of our channels through-out the system. Additionally, in the next few weeks Paragon plans to connect our Eden Prairie facility to the Shakopee cable system with a fiber optic line. The fiber connection will also help in our monitoring of the quality of the PEG channels in Shakopee. If you have any questions or concerns, please call me at 287-3659. C75kAki. Si rely, �/� Y 1 Q�- Arlen Mattern Community Relations Coordinator 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company PARAGON • CABLE MINNESOTA January 24, 1995 Mr. Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN. 55379 Dear Barry: I am writing in regard to an article that appeared in the January 9, 1995 issue of Cable World. A federal court in California has ruled the federal ban on telco-cable cross-ownership is unconstitutional. The winner in this ruling is U.S. West Communications Inc. This ruling means that U.S. West will not have to comply with the 1984 Cable Act which will strengthen the telephone industry's quest to seek telecommunications-reform legislation. U.S. West would not need a franchise agreement within any city it serves in order to offer cable-type programming. However, the cable industry is required by the Cable Act of 1984 to have a franchise agreement. The cable operator is also required to pay franchise fees, provide complimentary cable service to government, educational, and in some cases, non-profit organizations and provide other services such as public access programming. We will continue to monitor these rulings to further determine their impact on our company. We will keep you informed. If you have any questions or concerns, please give me a call at (612)287-3652. - ly K' + 'oder V ce President of Public Affairs enclosure U.S. West 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company • PAGE 10 JANUARY 9, 1995/CABLE WORLD NEWS U S West Wins Relief Federal court in S.F. says telco-cable cross-ownership ban unconstitutional B Y RACHEL T H O M P S O N ■ Solder,an attorney with the Washington, D.C., law firm of Mintz, Levin, Cohn, dding to the momentum for telco In late November, Ferris,Glovsky&Popeo P.C. p entry into the video services deliv- Solder said PacTel, whose executives ery business, a federal court in couldn't be reached for comment, is like- another federal California has become the second appeals ly to win relief. panel to rule that the federal ban on telco- U S West executives said the Dec.30 rul cable cross-ownership is unconstitutional. Court ruled in Bell ing pleased them. But cable industry attor- The winner this time in a Dec. 30 rul- , neys said the appeals panel faded to address ing handed down by the U.S. Court of Atlantic's favor. importantcompetitiveissuesthecaseraised. Meanwhile lower court Appeals for the Ninth Circuit in San rulingsbasedon Francisco:U S West Communications Inc. similar challenges brought by Ameritech, ■ The trend toward telco relief from a Nynex and BellSouth—all of which fa- provision in the 1984 Cable Act promises service area. vored the telcos—are headed for appeal. The San Francisco court's decision, GTE Corp. initially challenged the LUJ' WEST® which attorneys said applies to U S cross-ownership ban in. n the Ninth Circuit West's entire 14-state region, stems from based on an FCC ruling regarding its a lower court challenge the Denver based Cerritos,Calif.,interactive TV trial,but lost. to strengthen the telephone industry's telco brought in November 1993. U S GTE has asked the Ninth Circuit hand as it seeks telecommunications-re- West argued that the ban violates its First Court to review that decision. form legislation in the 104thCongress. Amendment rights. The U.S. Telephone Association, "Court decisions like this do help, but But in another action Dec.30,the San which also wants the banlifted,has filed its piecemeal,"a U S West spokesman said. Francisco courtvoted to send a similar a summary judgment motion with the In late November, another federal challenge brought by the Pacific Telesis U.S. District Court for the District of court ruled that Bell Atlantic also can of- Group back to the district court for fur- Columbia. Oral arguments in that case fer cable service in its seven-state voice- ther consideration, according to Bruce are scheduled Jan.13. F g p x 4 �.' ' ',t �,t °"' hat's za �+ -- t �' to 1994 i e the €�8,1: 41 s a ; ,� a �:< , W Indeed, —,---- ` ,, � , , e end•of-y r lists `r „-' magazine and ? •- � � c &.� �` ;, tainly would �.k. � Ambrose Bierc e'sli , ,.-: .'= 01-27-1995 11:57AM Paragon Minnesota 612 522 6348 P.01 14 v_ PARAGON ft. CABLE K � s E t 8 & ,?.. News Release Contact: Wayne D. Knighton Executive Vice President General Manager Paragon Cable ,,..� (612)522-5200 t cei PARENT COMPANY OF PARAGON CABLE MINNESOTA ANNOUNCES STRATEGIC ALLIANCE WITH TIME WARNER, INC. MINNEAPOLIS, Jan 27 -- Houston Industries, the parent company and owner of Houston- based KBLCOM, Inc. and Paragon Cable Minnesota, today announced an agreement with Time Warner, Inc. Under the agreement, Time Warner would acquire all of the stock of KBLCOM, Inc. and its Paragon Cable properties in Minnesota, California, Oregon and Texas. The sale is expected to be finalized by mid-1995. Paragon Cable Minnesota is the largest cable provider in Minnesota, currently providing cable service to more than 177,100 customers in the Twin Cities metro area and south central Minnesota. "This agreement makes good business sense," said Wayne Knighton, executive vice president and general manager of Paragon Cable Minnesota. "Time Warner is a smart, efficient cable operation that knows how to take care of its customers and employees and capitalize on growth opportunities. The proposed deal also will enhance Paragon Cable's position in the evolving telecommunications marketplace." Time Warner is the nation's second-largest cable provider with more than 7.5 million cable subscribers in 36 states. After closing the KBI,COM deal and two additional announced acquisitions, Time Warner will serve approximately 10 million cable customers. -more- 801 Plymouth Avenue North,Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521.7626 A KBLCOM incorporated company 01-27-1995 11:57AM Paragon Minnesota 612 522 6348 P.02 PARAGON CABLE.../2 "By combining the strengths and resources of Paragon Cable, KBLCOM and Time Warner, we will strengthen our network of communications services," said Knighton. "The growth potential of this combination will benefit our customers,our communities,our employees and the company as a whole." Time Warner, Inc. is the world's leading media and entertainment company, with interest in magazine and book publishing, recorded music and music publishing, filmed entertainment and theme parks, and cable television and cable television programming. Paragon Cable Minnesota currently provides cable information and entertainment services to more than 177,100 customers in the Twin Cities area and employs more than 300 workers. Paragon Cable is headquartered in Minneapolis and serves the cities of Bloomington, Carver, Chaska, Eden Prairie,Edina,Fridley,Hopkins,Jordan,Madelia,Minneapolis,Minnetonka,Montrose,New Prague, New Ulm, Richfield, Shakopee, St. Louis Park, Waverly and the townships of Helena, Jackson, Laketown, Lanesburgh and Louisville. ### 1995 TOTAL P.02 9 •Va1ky BUSINESS PARK January 25, 1995 Mayor Gary Laurent Mr. Dennis Kraft City Council Members 129 South Holmes Street Shakopee, MN 55379 RE: Minnesota Business Environment Dear Mayor Laurent, Dennis and Council Members: Bill Tobin's commentary on the current business climate of the State of Minnesota is insightful. I have enclosed a copy for your benefit. You have probably already read it, but just in case, I thought the article significant enough not to assume so. Bill has made some excellent points that I believe we can all take to heart in analyzing what areas need changing if Minnesota wishes to create a business friendly environment. As you know, I am an advocate of these improvements, and believe that Minnesota could do a much better job of attracting business and industry that currently doesn't call Minnesota its home. There have been opportunities for Valley Green Business Park to respond to national Request for Proposals from major corporations. In the final analysis, Minnesota consistently comes up short in their ability to attract these companies because of the high cost of doing business here. I hope you find this commentary as interesting as I did, and will do what you can, within the position you hold, to implement change. Your support of these ideals would be appreciated. Respectfully, VALLEY GREEN BUSINESS PARK n R. Albinson Project Director JRA:jmcx-023.1 Enclosure 5240 Valley Industrial Boulevard South•Shakopee, Minnesota 55379•Telephone: (612)4459286• Facsimile: (612)445-9372 :'.;:;...i.'••:-'....:.;.,,'''',:'........•,:-...:.1,,:;.: t M t r; t ., i Y x Y a +Yy t�Yy�4 E ; Lyra x ' ; Por f °. f �4,,i,..,..„),,,r H x,l vs S-iyla 4 ,,..'..;:d"( ... .- a tett• • c-::.,,:r..r:. ...�A.A . 7•..t+ J.*;:1444:1:•,:..,-".'. . &jL ; • Star Tribune/Monday/January 23/1995 3D • Business forum _____.__ Commentary 1_ CALL requires HES TAR TRIBUNE • •k. shift in business climate. Got an opinion? By William C.Tobin would jump at the chance to aare ccom- considered Minnesota?How might What your views on this and James B.Vos modate a new business—justjas Minnesota help them? the River Falls officials did for . week's comments by James B. Minnesota companies have discov- _Quadion. ■Keep innovating:We must create Vos and William C.Tobin? ered another good reason not to • more innovative development tools expand operations at home—it's We Minnesotans must. do more like Minnesota's Land RecyclingAct, Or do you have opinions on called Wisconsin,and it offers most than focus on legislative solutions to which makes it economically and other columns or articles that of the advantages of home without our competitive disadvantages.We legally feasible to reclaim formerly have appeared in the Business the problems.Minnesotans ignore have at last begun to improve our polluted sites.This is one area in section? the neighborly competition at their . act when it comes to courting new which Minnesota leads the nation in Call 673-9071 and let us know peril. business, but we must do much forward-thinking environmental what you more to retain existing business.We policy. While many governmentY think.Please leave Recently we helped a long-estab- ought to learn from Wisconsin and agencies get bad marks from busi- your name, company, title lished Minnesota manufacturing become much more aggressive in ness people who must deal with and daytime phone number. company play leapfrog, moving a protecting our valuable economic them,the Minnesota Pollution Con- manufacturing operation from Wa- base. Here are some rudimentary trol Agency has earned national res Well print the best responses. tertown,S.D.,to River Falls,Wis. issues that should be addressed im- ognition for this program, which When the new facility is completed mediately by Minnesota's public provides a prototype for positive next June,Wisconsin will have per- and private sectors: government programs.We can— haps 40 new jobs and at least and should — do much more to $60,000 a year added to its industri- IS Offer one-stop shopping:Advan- improve the regulatory climate in . al tax base. tage.Minnesota, a public-private Minnesota. economic development partnership, . . The company, Quadion, made a and the Minnesota Department of II Get the word out Minnesota's 1 strategic decision to put its new Trade and Economic Development profile is too low in the national 1 I plant within an hour of its St.Louis (DTED)have begun to provide co- development community. At the Park headquarters:It chose a com- ordinated one-stop shopping for November meeting in Dallas of the 'I , munity that offered a comfortable out-of-state companies that inquire International Development Re- quality of life and a hospitable busi- about Minnesota. Also, DTED is search Council,a leading corporate z i ness climate. establishing a database of available real estate association, we were , properties and land in the state. pleased that a DTED official at- Quadion officials experienced first- These are key steps that deserve tended.It marked the first time in hand how the public and private everyone's support. years that the state was represented sectors work together in Wisconsin. at such an event,a major industry About the authors All of Quadion's questions were an- When a company contacts Minne- event in which many states present • swered at one meeting with state sota, it should have to deal with their pro-business messages at dab- William C.Tobin,left,James officials. When Quadion officials only one agency,and ideally with orate gatherings. Our neighboring B.Vos are principals of Tobin looked at the River Falls industrial one person who will quarterback the states made their typical marks at Real Estate Co.in Minneapo ' park and found it lacking, River entire process of finding or building. the meeting:Iowa held a breakfast lis.Vos has a B.A.in econom- Falls officials developed an entirely a facility that meets the company's and Wisconsin had a hospitality ics from Gustavus Adolphus new industrial park. needs. At last, we now have the suite.We hope Minnesota will have College and an M.B.A.in cor- beginning of an efficient,welcoming an even stronger presence next year, porate finance from the Uni- Wisconsin Gov.Tommy Thompson process that conveys the same'posi- and we encourage state officials to versity of Minnesota.He has . has not only turned the state's tax tive attitude Wisconsin and many escalate their efforts to promote worked for Lutheran Brother- • climate around, but he.also has ' other states now convey to business. Minnesota's advantages. hood Insurance as a mortgage .• done a wonderful job of providing . analyst,and for ITT Real Es- "one-stop shopping"for companies Moreover, we should appreciate •Continue efforts to improve the tate Services as an asset man- looking for sites in his state.In the and encourage the efforts Advan- business climate:Although we hesi- ager responsible for handling private sector, western Wisconsin tage Minnesota and DTED are tate to mention what has become a properties acquired through developers are waking up to market making to convey that same posi- relentless refrain,workers'compen- foreclosures.Tobin has a B.S. opportunities and providing more rive attitude to companies already sation and commercial real estate in civil engineering from Iowa attractive industrial parks. in Minnesota.In the past,if a com- taxes are major business issues that State University and an pany wanted to leave the Twin Cit- clearly must be addressed by the M.B.A.from Harvard Univer- Minnesotans have been vacationing ,les,it found eager economic devel- Legislature.Lawmakers and citizens sity.He has worked as an in- ' and visiting the St. Croix border opment officials in other states of- need to understand that both mat- vestment officer for Connecti- area for decades, so they know Gering any number of incentives and ters increase the cost of doing busi- cut General Life Insurance Co.; about the picturesque towns,hard- opportunities.However,there were ness in Minnesota,thus making mi- as vice president of the Opus ' working people and available land few efforts to keep such a company ;ration to less-costly states increas- Corp.real estate division,and there—all within a short commute in Minnesota. ingly attractive.River Falls,Wis., later as the firm's president to the conveniences and cultural an'd Northfield,Minn.,are similar and chief operating officer. amenities of the Twin Cities.The Furthermore, Minnesota officials —pretty college towns,nice places rising cost of land near the Wiscon- did not want to offend one city by to live,30 to 40 minutes from the sin-Minnesota border confirms the assisting a business move to another metro area.If all other things are area's appeal. city. For example, no Minnesota equal,however,River Falls is going economic development official to have an edge because it is located • For all those reasons,Minnesotans dared encourage an Eden Prairie in a state perceived as friendlier to ' should expect the business migra- company to look at possible reloca- business than Minnesota. tion to continue. But does that tion sites in Faribault or St.Cloud, • mean Minnesotans can do nothing where land and labor costs were Business organizations in Minneso- to retain businesses that might be lower.To prevent unnecessary ero- to have hammered away at the busi- looking across the river?Absolutely sion of the tax base,we must make ness climate issue for years with not. every possible effort to help Minne- little to show for their efforts.It's sota businesses stay in Minnesota time for the Legislature to recognize Minnesota does have advantages, —anywhere in Minnesota, its responsibility for improving the and we must promote them.Com- business climate in order to make panics that require a high-tech,edu- ■Take a pro-active approach to tar- Minnesota more competitive with MAN cared work force,for example,can get industries:For those industries its attractive eastern neighbor. find no better labor pool than Min- such as medical technology or soft- nesota's. Furthermore, relative to ware that Minnesota has identified These are steps we must take quick- other metropolitan areas,the Twin as target industries,Advantage Min- ly to protect Minnesota's economic Cities continues to be one of the nesota is also advocating a proac- base.All other things being equal, most livable places in the country, live approach by calling corporate people and businesses will continue providing first-rate education,cul- officials regularly—just like a good to migrate.Our job is to make it tural organizations,parks,neighbor- customer service representative more attractive to stay. i.a hoods and safety.In outstate areas, does. Are those target companies there are willing communities that thinking of expanding?Have they Star Tribune/Monday/January 23/1995 3D Business forum __- ,_ Commentary - ■ ■ ■ CALL Competition reares u' TRIBUNE id in business climate. Gotan sum opinion? By William C.Tobin would jump at the chance to accom- considered Minnesota?How might and James B.Vos modate a new business just as Minnesota help them? What are your views on this the River Falls officials did for week's comments by James B. Minnesota companies have discov- _ Quadion. IIKeep innovating:We must create Vos and William C.Tobin? ered another Food reason not to • more innovative development tools Or do you have opinions on expand operations at home — it's We Minnesotans must. do more like Minnesota's Land Recycling Act, other columns or articles that called Wisconsin,and it offers most than focus on legislative solutions to� which makes it economically and of the advantages of home without our competitive disadvantages.We legally feasible to reclaim formerly have appeared in the Business the problems. Minnesotans ignore have at last begun to improve our polluted sites. This is one area in section. the neighborly competition at their . act when it comes to courting new which Minnesota leads the nation in Call673-9071 and let us know peril. " business, but we must do much forward-thinking environmental whatou more to retain existing business.We policy. While many governmentY think. Please leave Recently we helped a long-estab- ought to learn from Wisconsin and agencies get bad marks from busi- your name, company, title lished Minnesota manufacturing become much more aggressive in ness people who must deal with and daytime phone number. company play leapfrog, moving a protecting our valuable economic them,the Minnesota Pollution Con- manufacturing operation from Wa- base. Here are some rudimentary trol Agency has earned national rec- We'll print the best responses. tertown, S.D., to River Falls, Wis. issues that should be addressed im- ognition for this program, which , When the new facility is completed mediately by Minnesota's public provides a prototype for positive next June,Wisconsin will have per- and private sectors: government programs. We can — haps 40 new jobs and at least and should — do much more to $60,000 a year added to its industri- •Offer one-stop shopping:Advan- improve the regulatory climate in al tax base. tage.Minnesota, a public-private Minnesota. • economic development partnership, The company, Quadion, made a and the Minnesota Department of ■Get the word out Minnesota's strategic decision to g put its new . Trade and Economic Development profile is too low in the national �`� plant within an hour of its St.Louis (DTED)have begun to provide co- development community. At they Park headquarters:It chose a com- ordinated one-stop shopping for November meeting in Dallas of the ' munity that offered a comfortable out-of-state companies that inquire International Development Re- quality of life and a hospitable busi- about Minnesota. Also, DTED is search Council,a leading corporate ness climate. establishing a database of available real estate association, we were properties and land in the state. pleased that a DTED official at- Quadion officials experienced first- These are key steps that deserve tended. It marked the first time in hand how the public and private everyone's support. years that the state was represented sectors work together in Wisconsin. at such an event, a major industry About the authors All of fhiadinn's nnestinns were an- When a emmnanv cnntacts Minna- event in which many states nresent 4410 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 18, 1995 Members Present: Albinson, Reinke, VanHorn, Unseth, Miller, Morke and Dauenhauer. Members Absent: Schoepester, Phillips, Stafford and Brandmire. Staff Present: Barry Stock, Assistant City Administrator; Terrie Thurmer, Assistant City Planner; Paul Bilotta, Senior Planner; and Gary Turtle. I. Roll Call: Vice Chairman VanHorn called the meeting to order at 5:30 p.m. The roll call was taken as noted above. II. Approval of the November 16, 1994 Meeting Minutes The minutes of the November 16, 1994 meeting were approved as presented with Miller and Morke abstaining from the vote due to their absence from that meeting. III. Economic Development Update (Verbal) A. Community Center-Barry Stock stated that staff is currently evaluating the feasibility of a domed athletic complex. This information will be presented to the City Council at a Committee of the Whole Meeting on January 24, 1995. Discussion ensued on the various community center options. B. Shakopee Depot -Barry Stock stated that the Railroad has contacted him regarding the possible sale of the Railroad Depot and property to the City. Mr. Stock noted that the Railroad is finally getting reasonable with respect to the cost for the property. Mr. Stock stated that they are currently asking $30,000.00 for the depot and $2.00 per square foot for the property. The property encompasses approximately 30,000 square feet. Mr. Stock stated that he is awaiting a letter from the railroad before presently this item to the HRA for consideration. IV. Gary Turtle -Rehab Grant Request Barry Stock stated that he has received a rehab grant program application from Mr. Gary Turtle for the property formerly known as the bowling alley. Mr. Stock stated that Mr. Turtle has submitted a revised cost estimate for his project. The proposed total cost for the project is$42,395.00. Mr. Stock stated that due to the size of this project it would be eligible for a 33% grant from the City. The grant amount would equate to $14,131.66. Mr. Turtle is proposing major improvements to both the front and rear portions of the building. The proposed improvements are consistent with the rehab grant program guidelines. Comm. Dauenhauer questioned whether or not any interior building improvements were being made and whether or not the costs were included in the summary as submitted. Mr. Turtle stated that the interior is being remodeled but that none of the costs for interior remodeling have been included in the cost summary for the grant proposal. Comm. Miller questioned what building material was being utilized on the top portion of the rear side of the building. Mr. Turtle stated that the top portion would be constructed of wood. Comm. Miller questioned whether or not the awnings on the front of the building were similar to the other awnings in the downtown area. Mr. Turtle responded in the affirmative stating that they would be of the vinyl material and would be internally lighted. Comm. Albinson questioned how Mr. Turtle would keep the interior cost separate from the exterior costs in terms of invoices paid. Mr. Albinson was concerned that the cost of interior improvements not get confused with exterior costs. Mr Turtle recognized the concern expressed by Mr. Albinson and stated that he would request his contractors to keep separate invoices for work performed on the interior versus the exterior of the building. Comm. VanHorn stated that he thought the architect costs for this project seemed a little high. Mr. Turtle stated that the architect is only being used on the exterior building design. The architect has informed him that the cost would be between 8-10%. Mr. Turtle stated that he budgeted this amount in the summary accordingly. It was the consensus of the committee members that the grant submittal by Mr. Turtle was exemplary and should be approved. Morke/Reinke moved to approve the rehab grant application as submitted by Mr. Gary Turtle for the property formerly known as the bowling alley in an amount not to exceed $14,131.66. Motion carried unanimously. Mr. Stock reminded the Commission that grants are dispersed after actual paid invoices are submitted to the City. Typically, most rehab grant projects have come in under what was originally submitted. Mr. Stock stated that if the total project cost falls below a certain level that the grant amount would be reduced to 25% accordingly. V. Blocks 3 and 4 Moratorium Mr. Stock noted that the moratorium on Blocks 3 and 4 expires on March 17, 1995. He requested the Commission to review and discuss whether or not the moratorium should be continued. Mr. VanHorn stated that he felt it was important for the CDC to reaffirm their earlier position with respect to Blocks 3 and 4. He went on to state that he felt the moratorium should be continued for an additional 6 month period. Comm. Albinson concurred. Comm. Miller stated that he did not believe it would be appropriate to proceed with appraisals of the property at this time. He supported the continuation of the moratorium but he did not see the value in obtaining appraisals at this time. Comm. Reinke questioned whether or not screening on the backside of Blocks 3 and 4 would be appropriate. Comm. Albinson stated that the screening option should be pursued if Council ultimately selects to do nothing with Blocks 3 and 4. Comm. VanHorn stated that he felt a portion of the $6 million that has been allocated to the community center project should be spent on acquiring and demolishing Blocks 3 and 4. No consensus was reached with respect on how to fund the acquisition and demolition of Blocks 3 and 4. Comm. Morke stated that he felt it was important to bring the new EDA person on board as soon as possible to help facilitate development interest in these two blocks. Mr. Stock stated that the City Council would be discussing the status of Blocks 3 and 4 at a Committee of the Whole meeting on Tuesday, January 24, 1995 at approximately 6:00 p.m. Morke/Miller moved to recommend to City Council that the moratorium be continued for a six month period. Motion carried unanimously. VI. Huber Park Final Development Plan Mr. Stock presented the final development plan to the Commission for their review. The total cost for all of the elements included in the development plan equate to approximately 3.8 million. Mr. Stock stated that the project has been laid out in such a fashion that certain phases could be completed over time. Mr. Stock stated that he felt the success of this project would be dependant upon securing various grants. Mr. Stock went on to state that he thought there were several grant possibilities for this project and that completion of the total project could take as long as ten years. VII. Dial-A-Ride - Community Education Demonstration Project Mr. Stock stated that Shakopee Community Education representatives have requested the City to establish a six month demonstration project to transport hardship cases to community education programs. The program is meant to carry persons who reside outside the Shakopee City Limits. Mr. Stock stated that a list of strict parameters have been developed in order to protect the interest of Shakopee residents. Most notably, Mr. Stock stated that the service will only extend to areas that are within one mile of the City limit boundaries. Additionally, persons utilizing this service are expected to pay a higher fare than Shakopee residents. Comm. Reinke stated that he is opposed to the program since it would provide service to people outside the Shakopee City limits who are not paying their fare share of the tax burden associated with this program. Comm. Reinke stated that he also thought that the program could adversely impact the fare box recovery ratio and subsidy per passenger trip criteria on the Dial-A-Ride program. Comm. Morke requested staff to elaborate on the potential impact of this program on the Dial-A-Ride service. Mr. Stock stated that the number of hardship cases has been measured at less than 10 persons. Additionally, the strict criteria that has been established will eliminate the potential of any adverse impact on our program. Mr. Stock went on to reiterate that at the most only 10 persons per quarter would be utilizing this service. Since the School District changed their transportation policy, Dial-A-Ride ridership has dropped significantly. Two years ago, this program could not have been pursued due to the difficulty that we were experiencing in carrying our own riders. Now that ridership has dropped by nearly 1/3 our vehicles do have more than adequate capacity to handle these individuals. Comm. Morke stated that since the project is being proposed as a demonstration project he did not oppose the program. Comm. Miller stated that upon completion of the six month demonstration project an analysis would have to be taken to determine if the program should be continued or terminated. Given the strict set of parameters and the demonstration project nature he did not oppose the program. Mr. Stock noted that the fares established for this program are two times higher than the fares charged to Shakopee residents. Morke/Albinson moved to recommend to City Council that the Community Education Transportation Demonstration Project be approved. Motion carried with Comm. Reinke opposed. VIII. Informational Items Mr. Stock shared with the Commission members a number of informational items. Comm. Reinke questioned whether or not the City should pursue a contract with SW Metro for the provision of Dial-A-Ride service. He stated that rather than immediately entering into an agreement with them that quotes from National School Bus should be obtained. Mr. Stock stated that he could easily obtain quotes from National School Bus for the Dial-A-Ride service. Comm. Miller commented on the Adult Book Store that has located in downtown Hopkins. He questioned what the City could do to prevent a similar situation from occurring in Shakopee. Mr Bilotta stated that there was not much that the City could do to prevent this type of incidence from happening. However, he would discuss it with the City Attorney and get back to the CDC at their next meeting. IX. Next Meeting Mr. Stock noted that he would like to change the February meeting from its regularly scheduled date of February 15th to February 22nd. X. Adjournment Vice Chairman VanHorn adjourned the meeting at 7:25 p.m. Motion carried unanimously. BAS/tiv- h:\tami\admin\cdc 1-18.95 ..................... �,a f AA, 4tp T k �A+K F/5 THE EHLEf { r 40 YEARANN!VERSARY Leaders in Public Finance Since 1955 Published Quarterly January 1995 1994... It's been 40 items of significance)will be made to the NRMSIRs or to the Municipal Securities Rulemaking Board(MSRB). One thing we cannot say about 1994 is years! Both the annual information and that it was uneventful! The Bond Buyer disclosure of material events will also Index (BBI) range was from 5.25% In 1955, Robert Ehlers, Sr. "set up be filed with any depository set up in (February 3)to 7.06%(November 17). shop" to provide quality, independent the state in which the bonds are issued. The Feds raised interest-rates several financial advisory services to local times-- and substantially. We learned governments. In 1995, Ehlers and It appears that issuers will be exempt that Secondary Market Disclosure Associates is celebrating 40 years of from filing the annual financial would become a reality effective July 3, adhering to the original principles of information if they have less than$10 1995. And Orange County,California, quality,independence,commitment.and million in bonds outstanding and if they gave the industry end-of-the-year news service. Our Mission Statement says it agree to provide financial information when its$2 billion loss on investments all: "The customer is the focus of upon request and to disclose material made the headlines. No doubt, the everything that we do". We are events. Issues of less than $1 million Orange County difficulties caused by indebted to our clients who have made and certain others may also be exempt the investment loss will result in our success possible. from these requirements. proposals for additional disclosure reform. It will come as no surprise that there is Secondary Market much in the way of systems, On the bright side: The BBI(index of procedures and clarifications which 20 year bonds) has declined in recent Disclosure still need to be finalized to weeks from the November 17 high of accommodate the new requirements. 7.06%to 6.66%,and time will soon tell We believe this will work to the On November 10, 1994,the Securities advantage of municipal issuers by if that becomes a trend. Many predict that the bond market should be firm in and Exchange Commission approved keeping information current for 1995 as the higher interest rates secondary market disclosure continued trading activities. Dealers requirements for municipal issuers. and investors will be better able to increase demand for municipals. One of the key provisions will prohibit evaluate the bonds on the secondary municipal bond dealers from market with updated information which underwriting bonds as of July 3, 1995, should make new issues more attractive. unless they have "reasonably We'll keep you posted as more specific Bond Buyer's Index -1994 determined" that the issuer or obligor information becomes available. 7.50% has agreed in writing to provide ongoing disclosure of annual financial information and notice of material 7.00% events. Until now, the only disclosure provided by municipal issuers has generally been the Official Statement s.5o°�IIIIrnlr prepared at the time of the original sale '01 WIT4Wof bonds. CONTENTS 6.00% 1994 1 Nair The annual financial information will be /t's been 40 yearsl 1 filed with one or more nationally 5.50% recognized municipal securities condaryMaiketD/sc%sure . 1 information repositories (NRMSIRs). Same Day Funds Payments 2 5.00% Disclosure of any "material events" SummaryofArea ' (bond rating change,change in status Bond Sales 3 of larger taxpayers or users, or other EHLERS AND ASSOCIATES, INC. 2950 Norwest Center • 90 South Seventh Street • Minneapolis,MN 55402-4100 • 612-339-8291 •FAX 612-339-0854 Corporate Woods,Suite 225 • 375 Bishops Way • Brookfield,WI 53005-6200 • (414)785-1520 • FAX(414)785-1810 business day prior to the actual payment is received in time for the check to Same Day Funds date. clear. Payments Some banks are offering an option by You also have the option of having your which you may have your payments interest payments automatically By:Deb Eller,Minneapolis Office automatically deducted`"'from your deducted from your checking account account,in most cases on the payment by DTC. This would allow youto have Effective January 1, 1995 changes in date. This option would allow you use use of your funds as long as possible the securities industry will require of your funds as long as possible and and eliminate two wire charges per paying agents to make all principal and eliminate wire charges. year interest payments in same-day funds on the payment date to the major You should also be aware that.there A late charge may be assessed by the depositories by a certain time may be a° substantial` late charge depository for interest on funds they established by that depository. For assessed by the paying agent if: 1)your credited to their participants (your example,in the case of the Depository payment was received after the payment bondholders)for payments not received Trust Company(DTC),the established due date; 2) your check was not from you by the cut-off time. cut-off time is 1:30 p.m. central time. received by the paying agent in time to This will affect your payment process in allow it to clear so that funds are good Note:Call us if you have questions. several ways: on payment date; or 3) your wire was not received at least one day prior to the A. For Issues With A Bank Acting As payment date. the Paying Agent: Quotable Quotes Again,please check each bank's letter You perhaps received letters from your for their specified requirements as they "In most cases,I-prefer the paying agent banks stating their do vary somewhat from agent to agent. competitive sale to a negotiated requirements as to when they must sale process. A competitive sale B. For Book Entry Only Issues With is an openprocess that protects receive the principal and interest pe payments on your bond issues. Please The Municipality Acting As The the public and political interests read the letters carefully to familiarize Paying Agent: of the jurisdiction." yourself with their specific policies and ` requirements for complying with this 1) If you wire your principal and Taken from 12/'93 issue of new procedure. interest payments directly to DTC you Government Finance Review may still wire it on the payment date but In our review of several letters we find it must be received by 1:30 p.m.central that for the most part: time on the payment date. This means the wire must be generated very early 1)If you send checks for principal and on the payment date in order to reach Conventions interest payments you will now be DTC by their specified cut-off time. required to have the checks to the You may want to contact your bank to stress the importance of sending the It was good to see many of you at the paying agent a minimum of three, and wirefirst thing in the morning or you National League of Cities Conference in in many cases,five business days prior may want to wire one day prior to the Minneapolis in December. We'll see to the payment date. This will allow sufficient time for your check to clear payment date. you soon at the conferences of and ensure that the paying agent has Minnesota School Boards Association "collected"or"good"funds to make the 2)If you send a check for your principal (MSBA), Wisconsin Association payment in same-day funds to the and interest payments directly to DTC, School Boards (WASB), Minnesota appropriate depository on the payment you must have it to them no later than 3 Association of County Officers date business days prior to the payment date (MACO), Minnesota Clerksand to allow time for the check to clear so Finance Officers(MCFOA),Minnesota 2) If you wire your principal and they have"good"funds on the payment Association of School Administrators, interest payments you will now be date. 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Ekola, Planning Director RE: Savage AUAR/ADR Update Date: January 31, 1995 NON AGENDA INFORMATION: Slowly but surely the AUAR/ADR Committee is making progress. To date, five meetings have been held in the past few weeks. Background information has been presented on the AUAR process, the groundwater modeling process, the Savage Fen Wetland Complex, traffic impacts and stormwater impacts. The Committee is now reviewing draft mitigation measures for the AUAR. Exhibit A is information describing the AUAR process. This material was presented by the Environmental Quality Board (EQB) staff to explain how an AUAR works. The Savage AUAR is only the second AUAR prepared in the State of Minnesota. One of the issues regarding the City of Shakopee with the Savage AUAR is whether or not the City of Shakopee can be a part of the AUAR process. Attached is a memo (Exhibit B) from the City Attorney addressing her legal opinion on this issue. Staff is conveying this legal position to the Committee at the next meeting. Attached to the end of this memo are the minutes from the meetings that have been held to date. If members of the City Council have any questions on the AUAR process or comments on mitigation measures proposed in the AUAR, please call me at 445-3650. Thank you. (AUARup.cc) ice' EXHIBIT A Alternative Urban Areawide Review Process . - T RGU crdeis AUARP Varies Draft document distributed for comments 30 days (+15 calendar day optional extension) Comment period ends 120 day maxnuun I varies RGU revises document Final document distributed 10 working days from receipt No objectiarrs Objections filed fi Review over with RGU 30 days+5 — 3 — — — — 1 ! worldng days RGU adopts AUARP RGU/objector negociations — — I — — document and t cn- ! t ! Dispute EQB action resolved needed 1 1 ! EQB finds EQB finds EQB finds review review review adequate conditionally inadequate adequaz I RGU revises Review to meet revised — Mitt conditions 31 in choosing scenarios,the RGU ought to include one which represents the maximum development it expects or is willing to allow in the area It should be noted that this approach has another advantage to the RGU and developers,namely that if this maximum level of development will be inconsistent with state environmental laws(e.g.,the resulting traffic will cause violations of air quality standards,or the total stamwater load would eutrophy a lake)everyone will find this out during the AUAR and appropriate planning to avoid the conflict can be done prior to development Steps of the AUAR Process The steps of the AUAR process are specified in detail at part 44103610,subpart 5,and are summarized below. A flow chart of the process is included in this guide. The process is to be completed in 120 days, counting from the RGU's order for the AUAR to the RGU's adoption of the final review document and mitigation plan; this assumes that no objections are filed to the final document or mitigation plan. Step 1- The RGU would select the boundaries of the area to be reviewed and define the anticipated levels of development on various parcels. Step 2- A dreft AUAR document would be prepared. A recommended list of contents and format will be available from EQB;while the use of EQB's list is not mandatory,its use is highly recommended in order to assure that all relevant topics are addressed in a manner satisfactory to the reviewers. EQB's recommended content and format is being developed by modifying the EAW content to better suit an areawide, urban situation. Step 3- The dreft document would be reviewed in a manner similar to an EAW. The basic comment period is 30 days,but any state agency or the Metropolitan Council must be granted a 15 day extension upon request. Step 4- Based on comments received,the RGU would revise the document and add a "mitigation plan" which specifies what mitigation measures or procedures would be used to protect the environment from identified potential impacts from projects in the area. (In practice, the RGU may include a draft mitigation plan in the dreft analysis document in which case the final document would include a finalized mitigation plan.) Step 5- The finalized document and mitigation plan would be distributed for review. Step 6- If no objections are received within 10 days from any state agencies or from the Metropolitan Council,the process is ended and the RGU adopts the AUAR document and the mitigation plan. Step 7- If there are objections by any state agency or the Metropolitan Council, there is a period of time for resolution through negotiations,after which tf no resolution can be reached,the EQB decides if the review is adequate or if it must be revised. If the documents must be revised, the revisions are again reviewed according to the procedures in steps 5 to 7. Atter the Review. After the review has been completed,whenever a project which exceeded the regular EAW or EIS thresholds is proposed in the area,the RGU would determine whether it conformed to the AUAR and the mitigation plan.If it did,then no individual project reviews are necessary; but if it did not,then the project 111111 must be individually reviewed(or in some cases the review may be chosen to be done by revising the AUAR to fit the specific project as per Opert 44103610,subp.7.) Provisions of the mitigation plan would be imposed by the RGU on all future developments to minimize the environmental impacts. The Mitigation Plan The Mitigation Plan is probably the most important result of the AUAR process and will require careful attention by both the RGU and reviewers. This plan must specify not only physical mitigation measures but also the legal and financial measures and institutional anrangements that will assure that mitigation occurs. The EQB expects to develop detailed guidance on mitigation plans as more experience is gained with the AUAR lam. Updating the AUAR Review Because the AUAR review covers future developments there is the risk that as time passes events may occur - which make some of the assumptions of the review outdated In oder that the AUAR continue to accurately reflect the real world,subpart 7 provides guidance on when the review reeds to be updated to remain valid. When revision is necessary,it is accomplished simply by revising the document as necessary and distributing it for review as if it were a final AUAR document and mitigation plan. Subpart 7 requires that the review be updated wherever a significant change in conditions occurs which may affect the potential for,or magnitude of,significant adverse environmental effects,and lists out 6 specific examples of such circumstances. In addition,regardless of whether any significant changes appear to have occurred,the review must be updated every five years(until all development in the area has been approved). EQB "Audit" of Development . Subpart 8 provides that the EQB chair may ask the RGU at any time for a status report on the progress of actual devebprne nt in the area and on the N g i o the mitigation plan implementation. This provision would allow the EQto atter investigate any allegations of abuse of the AUAR process,to make sure that agreed upon mitigation was actually being implemented,and to make sure that actual development was consistent with the assumptions of the review. It should be noted that failures to conform to the original assumptions or to implement the mitigation plan void the status of the AUAR as a substitute form of review,which means that individual projects are then subject to EAW and EIS requirements. 111111 33 EXHIBIT B MEMORANDUM TO: Lindberg Ekola, City Planner FROM: Karen Marty, City Attorney DATE: February 1, 1995 RE: Savage AUAR For some time we have been concerned that Savage has prepared an Alternative Urban Areawide Review (AUAR) that includes some land in Shakopee. Our concerns included (1) that Savage seemed to be trying to regulate Shakopee land, and (2) Savage' s document will contain mitigation requirements which could be used against us if we later decide to require different mitigation measures . The second concern, relating to the contents of the document, is of relatively less importance now that you are on the panel reviewing the mitigation provisions and the comment letters. If you continue to forward the draft mitigation measures to staff for review and revision, we may, hopefully, end up with a document that we are comfortable following. This is particularly true since the only area of Shakopee included in the AUAR is currently being platted and is expected to be developed in the next year or two. The first concern, that Savage is telling Shakopee what to do, can be eliminated by reviewing the Minnesota Rules relating to environmental review. In this particular case, a petition was filed with the Environmental Quality Board (EQB) requesting that an Environmental Assessment Worksheet (EAW) be prepared for the area in Shakopee. This is allowed under Minn. Rule 4410 .1100 . The EQB responded by designating Savage as the Responsible Governmental Unit (RGU) under Minn. Rule 4410 . 1100, Subp. 5, and 4410 . 0500, Subp. 3 .0 and Subp. 5.B or Subp. 6 . Their designation of Savage came about because the area in Shakopee is actually the smaller "half" of a large development located partially in Shakopee and partially in Savage. Under Minn. Rule 4410 . 0500, Subp. 5 .B, Savage would be the RGU because more of the project is in Savage. These Rules allow and require Savage to prepare an EAW covering land in Shakopee, therefore eliminating this as a ground for us to object . I also have raised legal concerns about their review, because Savage is preparing an AUAR. The Rules relating to an AUAR do not allow it to cross city limit lines. "A local unit of government may use the procedures of this part . . . to review anticipated residential and commercial development in a particular geographic area within its jurisdiction. " Minn. Rule 4410 .3610, Subp. 1 . Unlike an EAW, an AUAR is limited to land within one city' s jurisdiction. However, we do not have to pursue this objection. Since we expect to be comfortable with the contents of their review, continuing to press this objection is unlikely to gain us anything. Savage also may have a problem with Minn. Rule 4410 . 1100, Subp. 6 and 7, which provides that Savage need to either order an EAW or decide not to, shortly after the EQB designated Savage the RGU. Savage has done neither as far as I know; instead they prepared an AUAR. Again, this is a potential legal problem for Savage, but not a problem we need address. In Savage' s favor is the fact that their AUAR apparently follows the form of an EAW, and covers the elements which would be required in an EAW. It can be argued that the AUAR contains the EAW for this project area, and simply goes further and contains other information on other areas as well . As you may recall, Minn. Rule 4410 .3100, Subp. 1, prohibits the City from making a final governmental decision to approve a project until the petition for an EAW is dismissed (which is unlikely) , a negative declaration on the need for an EIS is issued (which is what I expect to happen when the AUAR process is complete) , or an EIS is prepared and determined adequate. The attorney for the EQB has indicated that he believes that the phrase "final governmental decision to approve a project" in that Rule includes approval of a plat. Therefore, we will want to hold off on approving the plat until the negative declaration is made. In our plat approval we do need to acknowledge the environmental review. I am aware of no legal reason why we should adopt the AUAR as our own document; rather, we can simply acknowledge that an environmental review was done by Savage. We can then condition our approval of the plat on the developer' s undertaking such mitigation as is required in that environmental review. If you have any questions, please let me know. Signedj� ari /'en M ty, Cit'Attorney KEM:bjm (1MEMO) cc: Dennis Kraft Dave Nummer -2- APPROVED AND ADOPTED JANUARY 17, 1995 AUAR ADVISORY PANEL ORGANIZATIONAL MEETING January 11, 1995 1. CALL TO ORDER The meeting was called to order at 7:42 a.m. by City Administrator Steve King. 2 . ROLL CALL Members present: Roger Williams, Minnesota State Department of Conflict Resolution, Stanley A. Ellison, Shakopee Mdewakanton Sioux Community; Jeff Hazen, Sierra Club; Elliott W. Olson, Trout Unlimited; Klaas Van Zee, Van Zee Homes; Steve Eggers, Corps of Engineers; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Cyrus Knutson, Mn/DOT; Lindberg Ekola, City of Shakopee; Paul Burke, alternative for R. Nicholas Rowse, U.S. Fish and Wildlife; Scott Wallace, alternate for MN River Valley Audobon; Ray Connelly; Jon Westlake, Scott County Planning Director; Barbara Koennecke , Community Representative Members absent: Lois Norrgard, MN River Valley Audobon; Dell H. Einess, Chamber of Commerce; R. Nicholas Rowse, U.S. Fish and Wildlife; Craig Affeldt, MPCA Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Assistant to the Administrator Jean Gramling, Recording Secretary Clare T. Link 3. INTRODUCTIONS AND PURPOSE FOR GROUP King explained the purpose for the AUAR Panel following the development of the AUAR study and comments received on that study. He noted that the panel will respond to these comments and incorporate them into the document. He explained how representatives were selected for the group. He noted that this group serves as an advisory group to the City Council. AUAR Panel January 11, 1995 Page 2 3. Group Purpose (Continued) Williams gave a background on the Department of Conflict Resolution and explained the services that they provide. He explained that his role will be as a neutral party. Panel members introduced themselves . Williams explained that the purpose of today's meeting is primarily organizational. King explained that the City Council's hope is that decisions can be made by the beginning of February. 4. GROUP COMMENTS Elliott Olson asked if the group will review the comments themselves or will address them. He felt that the three areas which should be studied would include the following: 1. Areas where damage occur. 2. What areas in the AUAR are incomplete and need further study. 3. What are the impacts of the mitigation measures that are suggested within the AUAR. Williams questioned whether the group would be meeting on a weekly basis in order to meet the February timeframe. Olson felt that there are issues which would need field review. He felt that there are inadequacies in the AUAR. Ray Connelly felt that one of the first things that should be done is have all panel members review the report and then come to agreement with regard to the report. Jim Ostenson agreed that the report should be read by panel members. He also felt that a few people should address the group at the next meeting and give panel members an opportunity to ask question. At that time, definite agenda can be set. He was not opposed to meeting twice a week if needed. Barb Koennecke agreed that if the first of February is the closure date, then weekly meetings should be held. AUAR Panel January 11, 1995 Page 3 4. Comments (Continued) Panel members discussed possible meeting times for the panel meetings . Evening and morning meetings were possibilities discussed. Scott Wallace felt that one month would be rushing the process because of the size of the area. Klaas van Zee stated that the time is critical. Developers have already lost one year of construction time because of this study. Hazen felt that evening meetings would make more sense, and it is important to meet weekly. Ostenson stated that a lot of research has already been done, and the experts in this group need to provide this information while the group meets . Jim Larsen stated that it is difficult to set a deadline when it is unknown what the issues are and what will be involved with resolving these issues. It was felt that a meeting should be held to just state what the issues are. King discussed what areas are addressed. Ekola stated that there needs to be an identification of issues, generation of solutions, and agreement as the process for this group. He also noted that the appropriate roles for each representative also need to be determined. He stated that this is an opportunity to open the doors for this process . Williams suggested that a copy of all the comments be provided at the end of the meeting. Issues will be listed at the next meeting. Those issues will then become the work agenda and will be prioritized if necessary. Some consideration will then be given to whether or not all the data is available that is needed. He noted that the list of issues can change. He again asked how often the group would like to meet. 5 . FUTURE MEETINGS Ostenson suggested that another meeting be held the next week, preferably Monday or Tuesday. He also suggested that the meeting start promptly. Panel members discussed possible dates and times and selected Tuesday, January 17th at 7:30 a.m. was chosen for the next meeting. Connelly suggested that AUAR Panel January 11, 1995 Page 4 5 . Future Meetings CContinuedl it be a minimum of three hours . Ostenson suggested that the meeting be held longer. An ending time of noon was suggested. In response to a question raised by, King stated that it was questioned with Greg Downing of the EQB should be involved in these meetings . King stated that he is welcome to attend. It was suggested that Downing give a presentation. Koennecke suggested meeting on Friday the 20th of January. King stated that the city's consultants could respond quickly to any concerns raised on the 17th. 7:30 a.m. - 12:00 p.m. was chosen for the time on the 20th as well. Tuesday the 24th from 7 :30 a.m. - 12:00 p.m. was the third date selected. Meetings will be held at Savage CitylHall. 6. MINUTES Minutes will be mailed out or faxed to panel members. The minutes will not be official until approved at the next meeting. Panel members discussed who should receive the minutes once they are approved. It was noted that they are public information once they are approved. It was felt that various organizations could provide minutes to those who request them. It - was the general consensus that minutes should be sent to whoever wants them. 7. ALTERNATES/NEW MEMBERS Panel members discussed the need for alternates and what their possible roles might be. Connelly stated that the alternate should have the same role as the regular member, such as voting power, etc. Members agreed that it doesn't matter whether or not the city is informed that an alternate will be attending a meeting. Connelly stated that it is important not to waste time by discussing the same topics twice. Panel members discussed the possibility of adding new members. Connelly felt that the group should be larger. King discussed the process by which representation was selected for this group. Van Zee felt that the size of the group should be limited at some point. He felt that the group is large already. AUAR Panel January 11, 1995 Page 5 7 . Alternates/New Members (Continued) Hazen asked if other groups have indicated an interest in being a part of the group. King stated that developers, for example, have only one representative. He felt that if it were opened up, more would attend. Stanley Ellison stated that the group can't be opened for two organizations and then close membership. Larsen stated that the group members are invited to come to the meetings and listen. Panel members agreed. Williams discussed the importance of each member's representation on the panel to keep their constituents informed of what is going on at the meetings. 8. MEDIA CONTACTS Williams discussed the issue of media contacts and whether panel members should or should not have contact with the media. He discussed options of having reporters coming to the meetings and reporting on what is going on while the representatives not approach the media. It was suggested that the media be invited to the meetings. Connelly discussed the differing opinions of different members . He felt that members should not speak to the media as a representative of the AUAR panel, but could speak as an individual. If the group wants to issue a press release, it should be done as a group. Ostenson agreed, stating that the minutes are available and are public record. Panel members discussed this issue. Ostenson stated that he would feel comfortable having the city field questions regarding the study. Larsen didn't think there would be a problem with talking to the press on an individual basis . Issue problems should be discussed at meetings. Hazen stated that the group should proceed with the work at hand. • Williams stated that it also needs to be decided whether observers should be permitted to make comments or ask questions. Larsen stated that a definite time slot at a point AUAR Panel January 11, 1995 Page 6 8 . Media (Continued) during the meeting for comments or questions . It was felt that a definite time limit should also be set. It was suggested that only the chairman should make comments to the press for the committee. Tom Balcom felt that members should not contact the media, if contacted, should make comments as an individual, should provide approved minutes and should let the media know that the meetings are open to the public. Panel members agreed with this policy. 9 . MISCELLANEOUS Connelly felt that the group should take a look at the whole area and determine which areas need more study. King discussed the focus and steps which will need to be taken. He felt that the AUAR would "define the playing field" and define mitigation techniques which should be taken. Elliot Olson stated that once the AUAR is approved, any project in this area that is considered will not have to go through the EAW or EIS process. The projects will still need to be reviewed by the various governmental agencies, but the development will be streamlined. Therefore, it is important to consider everything so a future development project will not have to report the process. The group recessed at 9:09 a.m. and reconvened at 9:15 a.m. 10. LEVELS OF CONSENSUS Williams suggested a consensus process which the group will use. He explained how the consensus process is used by a show of fingers. He noted that any proposal is accepted if more than 75% of the votes (fingers) are cast and there are no fists . Panel members discussed whether or not it is important to note how each person voted. Williams noted that the process has been very successful in the past. Hazen stated that the process should be utilized. AUAR Panel January 11, 1995 Page 7 11. NEXT MEETING'S AGENDA Williams discussed the agenda for the meeting on the 17th. He felt that the minutes of this meeting should be reviewed and the bulk of the meeting should be devoted to listing the issues . It was suggested that a map of the area be provided for panel members including a map of how the area relates to the rest of the city. Ostenson felt that the consultant for the study should be in attendance at the meetings. Panel members agreed that they would like a presentation by the consultants . It was suggested that the consultants discuss their opinions of the comments that were received. Panel members discussed how such a discussion could be structured. Ekola felt that the discussion should be prioritized. Williams suggested that the discussion be "clustered" around the Savage Fen, Boiling Spring, Eagle Creek, and then everything else. Panel members agreed. Hazen stated that it is important to discuss how everything fits together. Ellison stated that some of the community issues deal just with Boiling Spring and nothing else. He felt that there should be another category of county- concerns. Williams felt that issues could be identified that are sensitive and also broader issues . Ekola suggested a fifth "catchall" category. Williams suggested that issues be categorized prior to the next meeting. Van Zee discussed his concerns about land use issues in this area. Ekola felt that it may be prudent to determine at the next meeting what the role of the AUAR document will be. Larsen stated that there needs to be some discussion at the next meeting regarding whether or not this should replace the city's Comprehensive Plan. King noted that the information generated by the AUAR process will be used to update the city's current Comprehensive Plan. AUAR Panel January 11, 1995 Page 8 11. Next Meeting tContinued) It was noted that Greg Downing would be willing to attend future meetings . Panel members agreed that he should make a presentation on the AUAR process . Following the presentations at the next meeting, issues will be discussed. King noted that responses to issues will be made at the meeting on Friday the 20th. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 9:47 a.m. $espec"tf • s • tted, (I/ 7 Tan, Clare . 1j. 'Cal• i.cc i I ur .,nvr m 7.4,4-03 r 1 O NU."rio ut32 • APPROVED AND ADOPTED JANUARY 20,1995 AUAR ADVISORY PANEL MEETING January 17, 1995 1 . CALL TO ORDER The meeting was called to order at 7 :32 a.m. by Roger Williams . 2 . ROLL CALL Members present: Roger Williams, Minnesota State Department of Conflict Resolution, Jeff Hazen, Sierra Club; Elliott W. Olson, Trout Unlimited; Klass Van Zee, Van Zee Homes; Steve Eggers, Corps of Engineers; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Larry Samstad, Lower Minnesota River Watershed District alternate; Tom Balcom, MN DNR; Cyrus Knutson, Mn/DOT; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U. S. Fish and Wildlife; Scott Wallace, MN River Valley Audobon; Del H. Einess, Chamber of Commerce; Jon Westlake, Scott County Planning Director; Barbara Koennecke, Community Representative Members absent: Craig Affeldt, MPCA; Stanley Ellison, Mdewakanton Sioux Community Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, Assistant to the Administrator Jean Gramling, and Recording Secretary Clare T. Link 2 . INTRODUCTIONS 3 . APPROVAL OF MINUTES The minutes of the AUAR meeting of January 11, 1995 were approved subject to the following changes and additions : I . Members absent: Scott Wallace was present for Lois Norrgard as the alternate for the Audobon Society. 2. Ray Connelly, Jon Westlake, and Scott Wallace should be listed as present. Clare T. Link should be listed as staff present. 3. Page 6, first paragraph should be completed to read: let the media know that the meetings are open to the public. • AUAR Meeting January 17, 1995 2 3. Miwtes (Continued) 4. Page 2, Item 4, point 3: amend to read: What are the impacts of the mitigation measures that are suggested within the AUAR. 5. Page 6, Item 9, paragraph 2: amend to read: . . .any project in this area that is considered will not have to go through the EAW or EIS process. The projects will still need to be reviewed by the various governmental agencies, but the development will be streamlined. Therefore, it is important to consider everything so a future development project will not have to report the process. 4. HOUSEKEEPING Office phone for Jeff Hazen should be listed as 551-7228. Scott Wallace's address and phone number are: 12465 Sunnybrook Road, Eden Prairie, 55347, 942-9404. 5. BACKGROUND INFORMATION Steve King, City Administrator discussed the agenda for the staff presentation. Evidential standards used by the City for preparation of AUAR, mitigation plan, associated environmental protection strategies, and parcels contemplated for development were topics of discussion. Comments from the EQB will follow, and issues will be identified followed the presentations. King discussed the standards used by staff in the preparation of the AUAR. He noted that there will be alternative solutions offered as the g.Lup progresses. He discussed the impracticality of a "no build" solution. He noted that the history of the study area itself was the reason for this decision. He gave a history of the city and its development over the years. He discussed construction of the city's infrastructure and problems associated with this. He noted that the decision was made that the fen area will never be developed. He discussed the rapid development of the eastern half of the city and the need for a MUSA expansion which occurred in 1989-1990. He discussed the expansion of municipal services into other areas in the city and the development of new areas. 101/x1, 0 L! I Y Ur SRVf-alat .J445671b1 NO.790 PO4 • AUAR Meeting January 17, 1995 3 5. Background Information 1 Continued) King discussed the public improvements that are currently in process at the present time along Highway 13 to service the areas included in the AUAR process. Services cannot be extended until this process has been approved. King discussed the increased population expected with the completion of the Bloomington Ferry Bridge. In response to a request from Hazen, Heald identified the location of Boiling Springs, Eagle Creek and the Savage Fen complex. He also noted the location of surrounding communities. Mitigation Plan King discussed the need to address what agencies will be responsible for certain areas in the study. Associated Environmental Protection Strategies Staff members discussed environmental protection strategies. Hutton noted that the city can no longer use the Jordan Aquifer and must find alternative water sources such as deeper aquifers, the Minnesota River, or use of dewatering options in Burnsville and Shakopee. Scott Wallace stated that he was under the impression that the deeper aquifers were not included in the model. Hutton stated that he was correct. Hutton noted that more information on alternative water sources should be available for review by the group sometime in February. Hutton discussed the ultimate water needs for the city when it is fully developed. He stated that the Shiely dewatering site has applied for a permit for 4 billion gallons per year. He noted that the alternative water source study will be expanded to include this dewatering site. The final study should be completed in March. Jim Ostenson questioned the status of a new water tower. Hutton noted the location of the proposed water tower. He stated that the facility is still planned. The only change has been where the water will be coming from. The bid opening for the new water tower will be sometime in January. V1• J1• JJ 11.LJ \,.! 1 1 VI JI V 1 IVL J�.'�JV 1 1V IIV. I JV VV. • • AUAR Meeting January 17, 1995 4 5. Backaround Information (Continued) Nick Rowse questioned the cost of the water tower. Hutton replied that it will be better determined when the bids are opened. Heald discussed the development of an on-site septic system inspection program. Bruce Bullert, Consulting Engineer gave a background on the reasons why this inspection program was initiated. He stated that the program is partly in response to directives from the MPCA. He noted the location of areas where inspections were done in the fall of 1994. He noted that at least 40% of the systems have failed in the Dan Patch and Sherwood. Forest areas. In response to -a question from Jim Lawrence, Hutton stated that a public hearing will be held in February to discuss extension of services to this area. He stated that the decision has not been made yet with regard to system failures outside of the MUSA area. Heald discussed possible system failures in the Cates Lake area. He discussed the problems with the city justifying the need for improvements and the difficulty proving that it will benefit the properties. Hutton discussed the creation of a storm water utility fund which is funded by all city residents. King stated that the money is used for ongoing maintenance and capital improvements that will improve water quality in the city. Hutton stated that RFP' s have been solicited for the development of a comprehensive storm water management plan for the entire city. A consultant should be hired by sometime in February with completion proposed within 6-9 months. Heald discussed the revision of the city's Comprehensive Plan which is being done by the Planning Commission. He reviewed two land use alternatives which are part of the AUAR. He stated that staff is working toward submittal of the Comprehensive Plan revision to the Metropolitan Council. Heald discussed the completion of a comprehensive water plan a year ago. The plan identified the need for various water facilities at full development of the city. A water conservation plan has been created in draft form. Hutton noted that it needs to be approved by governmental agencies by the end of 1995. 01/31/95 11:24 CITY OF SAVAGE -. 94456718 NO.790 005 • AUAR Meeting January 17, 1995 5 5. Background Information (Continued) Heald discussed the interim use of properties in rural areas with the provision that an urban overlay be submitted which shows future development of the property. Heald discussed the city's tree protection policy and noted that a tree preservation policy is in draft form. He noted that the city has a Tree Board which meets monthly, and Savage is a Tree City. A City Forester is also on staff. He stated that an erosion control ordinance is in draft form. Erosion control is also included in all development agreements. Hutton discussed the Wetland Conservation Act which protects wetlands throughout the state and the process used to work in wetland areas. Heald noted that the city has a new shoreland management ordinance. He noted that slopes in excess of 35% are protected in the city. Development in these areas is limited or not permitted. Heald discussed the Best Management Practices (BMP) and the Nationwide Urban Runoff Program (NURP) . The NURP requires that water be pretreated before it is discharged into other bodies of water. He discussed the Interim Runoff Strategy created by the Metropolitan Council to reduce contamination of the Minnesota River by 40%. He stated that the city is preparing to adopt these programs. Heald discussed the Wellhead Protection Plan which requires the protection of wellheads throughout the city and capping of wells that are no longer in use. Heald reviewed the city' s development process. He noted that once this process has been improved, residential areas will not have to go through the environmental review process, but _ commercial and industrial areas will still have to. Hutton noted that wetland areas will still need the necessary permits for development. Elliott Olson discussed the importance of reviewing the areas proposed for development now and that the AUAR be complete. Heald stated that the panel will not be looking at site- specific developments but would be looking at the locations and overall density in the AUAR study area. He stated that it is important to clarify the level of land use that will be dealt with rather than individual lots, access points on roadways, etc. That will be part of the continuing development process. C71,J1,7J 11.CY k.1 I 1 Vr 01-1VFIl7C (10 - IVV. (7 ) u ( AUAR Meeting January 17, 1995 6 5. Background Information (Continued) Nick Rowse questioned the urban overlay process and requested a zoning map. Heald explained how the urban overlay contemplates future development or "ghost" platting. The urban overlay would then become part of the development agreement. In response to Rowse's concern, Heald stated that it is important to note the proximity of Savage to the metro area and the future growth potential. He stated that the city is recognizing development areas and encouraging planning for the future development. Ostenson asked what percentage of Savage will be in permanent open space in the overall Comprehensive Plan. Heald stated that an exact percentage cannot be identified right now. He did note the location of extensive community park systems and preservations areas currently in the existence. Larsen asked what the city's timetable is to put the draft ordinances in place. Heald replied that it will need to be discussed with the City Council but felt that it would be done in a timely manner. Larsen discussed the need for these documents for assurance that the city will stand behind what it has verbally agreed to do. Del Einess questioned the city's policy for development and holding water on the property. Heald stated that this is part of the NURP plan and city' s storm water management plan. These will become components of the overall Comprehensive Plan. Tom Balcom, DNR questioned if the draft ordinances would be readily acceptable to the City Council. Heald felt that the Council would be highly supportive of moving forward with this effort. Scott Wallace was concerned about the 2 : 1 mitigation requirement and questioned where in the city the mitigation would take place. Heald noted that mitigation is not required if there is not an impact on the wetlands. Rowse asked if it would be reasonable to change the zoning to park in the areas where the fen is located. Panel members discussed the possibility. Heald noted that the Council has indicated a desire to rezone these areas. 01/31/95 11:25 CITY OF SAVAGE -. 94456718 NO.790 D08 AUAR Meeting January 17, 1995 7 5. Background Information (Continued) Larry Samstad, Lower Minnesota Watershed District questioned the city's goals and whether impacts on amenities have been considered through the creation of larger lots, smaller homes, etc. He felt that the current plan is fairly fixed with regard to density. Heald r3plied that these are issues for consideration by the AUAR panel. The panel recessed at 9:17 a.m. and reconvened at 9:35 p.m. Tom Balcom questioned if most of the Savage Fen is in the commercial/industrial area. Heald stated that it reflects the existing zoning right now, and much of it is flood plain. Nick Rowse questioned the new location of County Road 27 . Heald noted the location. In response to a request from Balcom, Heald discussed the city' s Transportation Plan and how County Road 27 fits into this plan. He discussed the extension of County Road 27 to Highway 13 from County Road 16 and the limited routes from the Minnesota River area to the south. Rowse questioned why the city wants to go ahead with the County Road 27 extension given the historical opposition to this route. Panel members discussed the need to upgrade Highway 13 to a primary arterial either through reassignment of jurisdiction or change of functional class. Cyrus Knutson, Mn/DOT discussed the postponement of the upgrading of Highway 13. Rowse questioned what it would take to change the priority. Knutson stated that the city would need to upgrade Highway 13 to a primary arterial. He cited funding as an issue. Williams questioned when the panel would like to hear comments from the audience. Barb Koennecke stated that comments should be following Mr. Downing' s presentation. Panel members discussed the time limit that should be allowed for each person. Del Einess felt that we should hear the people talk for as long as they want. 01/31/95 11:25 CI TY CIF 51-1V6-&± -+ 9445671b NU.'OM Eby AUAR Meeting January 17, 1995 8 5. Background Information (Continued) Ostenson felt that comments should be heard at 11 :00 a.m. or as soon thereafter for a 15-minute period. It was suggested that special presentations be asked how much time that they need. Williams noted that the comment period will follow the EQB presentation. Balcom asked if the County would take the initiative to fund the upgrade of Highway 13 if the priority would change. Knutson replied that it would be a factor. He discussed other factors which would change the regional funding priorities. Samstad noted that there is already a gravel road through the fen area. Rowse noted that there isn't any traffic at the present time which is a consideration. Samstad discussed the current access roads (Quentin and Lynn Avenues) . Heald stated that it is possible to raise the railroad bridges but didn't feel that it would be economically feasible. He noted that Quentin Avenue cannot be lowered because it is in the flood plain. Lynn Avenue cannot be lowered either. Larsen felt that the potential impacts of another road could be devastating on plant life. He also felt that the existing railroad overpasses are another issue, and he questioned whether the railroad has been contacted regarding possible upgrades. Heald was unsure of the railroad's plans regarding the overpass. Bullert stated that the line cannot be abandoned at the present time. Bullert was unaware of any plans to fund the upgrading of the railroad line. Heald discussed the possibility of a bridge as part of the County Road 27 extension to the north in the fen area. Klaes Van Zee, developer noted that the extension of County Road 27 to the north will provide a route through town. Heald discussed parcels contemplated for development in the AUAR study area which encompasses most of the area. Olson asked if all the densities are covered in the AUAR. Heald replied that he hasn't seen requests on all of them, but for the most part, the proposals that will result will fit within the guiding seen here. 01/31/95 11:26 CITY OF SAVAGE 94456718 NO.790 110 . AUAR Meeting January 17, 1995 9 5. Background Information (Continued) EQB Presentation Greg Downing, representing the Environmental Quality Board (EQB) , discussed the Environmental Policy Act which requires the Alternative Urban Areawide Review. He noted that this is only the second time that an AUAR has been done and explained when an AUAR is needed. Downing reviewed the process itself and determining whether or not the AUAR is adequate, how disputes are handled, and when the AUAR would be approved. Ekola asked if the environmental reviews approve or disapprove projects. Downing replied that they do not; this is left up to other governing agencies. Van Zee asked if there would be the need for an environmental review for dewatering once the AUAR has been approved. Downing replied that this would not be the case. Rowse asked if this is connected with the federal review process . Downing noted that the most restrictive of both must be done. Larsen asked if the final AUAR would need to include an adopted land use plan as part of the document. He noted that the current land use plan has not approved by the Metropolitan Council. Samstad asked if construction techniques would need to be reviewed by the AUAR. Downing replied that they would not although unique measures should be considered during the AUAR. Olson asked if approval of the AUAR would exempt authority given to other agencies' permitting processes. Downing replied that permits would still be needed. The AUAR process is a substitute for EAW's and EIS 's. Olson questioned the need for another agency to be the regional governing unit for the AUAR. He cited concerns raised by the city of Shakopee over possible being usurped by Savage with regard to Boiling Springs. Downing stated that the city of Shakopee would need to consider doing an EAW on the portion of Boiling Springs in Shakopee. 01/J1/77 11:Gb LI IT Ur SHVHUt -* 7447bl1b AUAR Meeting January 17, 1995 10 5 . Background Information (Continued) Ekola clarified that the land use plane included with the AUAR document identify land use designations and not the zoning of the properties. Zoning would be shown on the city' s zoning map. It was suggested that a copy of the City of Savage' s zoning map be provided to the group. Scott W. asked if the Fen Management Plan is part of the AUAR and if funding sources have to be identified for monitoring mitigation. Downing was unsure at this time. Olson stated that the city of Savage does not have the authority to identify mitigation measures for the city of Shakopee. He felt that there would be problems down the road unless Shakopee approves the plan. Greg Downing was asked to meet with the cities of Shakopee and Savage to mediate the jurisdictional question. Van Zee noted that Shakopee has already approved the development assumptions for their portion. Panel members discussed the environmental review process. Ekola discussed the importance of determining what the information review process will be. He also discussed the importance of being familiar with the approval process for development. Van Zee felt that the city of Shakopee being able to change their mind six months into the process creates a problem logically. It was noted that no one objected to Shakopee being part of the AUAR process instead of doing a separate EAW. Knutson asked what the purpose of considering traffic generation in this process would be. Downing replied that considering traffic would address noise, dust, and environmental concerns. Bill Weber, BRW noted that development of the traffic study cited a number of intersections have been addressed as needing improvement. Van Zee questioned whether panel members felt that the city of Shakopee should be part of the AUAR process or not. 01/31/95 11:27 CITY OF SAVAGE 94456718 NO.790 012 AUAR Meeting 11 January 17, 1995 6. AUDIENCE QUESTION/COMMENT PERIOD • Bill Penning, DNR felt thct this should be a collection of baseline information rather than a "no build" alternative. He also noted that there was a permit denied for the extension of CSAH 27 about ten years ago. At this point, there has been mutual agreement that a filled road through the Fen area will not be acceptable. He was concerned about the alternative for a bridge given the cost of bridges. He questioned the regional transportation planning and whether or not the city and county work together with Mn/DOT on recommending road improvements and funding. Knutson explained how the planning occurs and discussed how priorities are determined. Hutton stated that the cities of Savage and Prior Lake have been pushing for the upgrading of Highway 13. Lois Norrc rd. Audobon Society questioned the objection process for the AUAR being closed for landowner opposition. Downing stating that this is the case. Greg Fontaine, attorney representing Karl and Linda Bohn stated that the Bohns would like to see an additional development scenario (Plan "C" ) . He reviewed documents submitted to the panel members for review. Their plan requests an increase in the commercial area and expand mixed residential and multi-family uses which would provide for better transitions between uses. He discussed concerns with regard to the development in the fen area, zoning changes in the area, existence of a gravel pit on their property which the U.S. Postal Service is currently using, and legal consequences. He stated that the Bohns would like to see their Plan "C" included as part of the document. Rowse asked if the Bohns have decided to apply for a storm water discharge permit. Fontaine believed that it would not be necessary. He noted that the post office is currently using the site for gravel. Rowse stated that he has photographic evidence that sedimentation from the gravel pit is going into the Savage Fen and recommended that they apply for a permit. Fontaine was unsure of the relevance of this issue with the AUAR process. Rowse stated that it is very relevant historically especially with regard to the Savage Fen. Larsen asked if the Bohn' s land use proposal has been presented to the city within the last year. Fontaine indicated that this is the first time that the plan has been 1611/.51/y5 11:d( L 1 I Y y44b(1Li AUAR Meeting January 17, 1995 12 6. Ouestions/Comments (Continued) presented. Larsen felt that this is an issue between the Bohns and the city. Fontaine felt that the AUAR process will affect his clients, and they should have the opportunity to comment. Olson noted that wetlands should not be developed even though they are zoned industrial and if there would be an issue with his clients. Fontaine stated that his clients would need to consider their legal alternatives. King discussed the Bohn's rights as property owners. Balcom stated that there is a real lack of specificity with regard to thebluff lines in the AUAR at the present time. He questioned slope protection for any areas under 35%. He noted that he is uncomfortable with the development of the bluff line area. Samstad asked if application has been made to the city for the land use changes. Fontaine noted that it has been informally discussed. Samstad asked the city planner if this should be brought before the AUAR panel. Heald felt that there needs to be more discussion about Plans A, B, and C and the effects on the AUAR. Olson stated that there should be some way of looking at whether Plan C does or doesn't cause any significant problems. Rowse didn't feel that Plan C would not impact the area. He stated that he would like more information before it is included in the AUAR. Van Zee questioned whether- en EAW would be necessary on Plan C if it is not included in the AUAR. Downing stated that an EAW might be necessary. He stated that it would be up the city to make the final decision of whether or not an EAW would be required. Panel members discussed when an EAW is required. Larsen suggested that the consultant review this plan with regard to storm water runoff so that it can be determined if there will be a major impact. King noted that the consultants would be responding to these concerns. Panel members and staff discussed zoning of this area. 01/31/95 11:28 CITY OF SAVAGE - 94456718 NO.790 P14 AUAR Meeting January 17, 1995 13 6. Ouestions/Comments (Continued) Ekola clarified the land uses proposed and zoning designations. He noted that there is a subtle difference between zoning and planning. Balcom was concerned about leaving the group open to having plans such as this one coming in on a continuing basis if this plan should be included. King discussed his concerns. Van Zee questioned why it would even be considered if it isn't a substantial concern. 7. AGENDA FOR NEXT MEETING Williams discussed the agenda for the next meeting. He discussed considering the consultants' response to comments, or identifying the major issues for discussion, generating options, and how to proceed from there. Ostenson suggested the issues being grouped based on the Savage Fen, Boiling Springs, Eagle Creek, everything else, and the entire area. He felt that two of the issues should be addressed at the next meeting. Wallace stated that the issues should be narrowed down more. He was concerned about how accurate the information in the model is. The group concurred that it would be worthwhile to have the consultants give a presentation on the model. Olson suggested that the developer of the model, Dr. Otto Strock from the University of Minnesota, be asked to speak. Williams suggested that he provide correspondence, if he is unable to attend, stating that this is a good use of his model. Ekola suggested an agenda including general information on the groundwater, then Eagle Creek, Savage Fen, and Boiling Springs. King felt that an expert from the DNR could be asked to speak on how the model addresses the Savage Fen. 8. ADJOURNMENT There being no further business, the meeting was adjourned at 12:05 p.m. Respectfully submitted, Clare T. Link 01/31/95 11:28 CITY OF SAVAGE -0 94456718 NO.790 4015 File Copy ADOPTED AND APPROVED JANUARY 24, 1995 AUAR ADVISORY PANEL MEETING January 20, 1995 1 . CALL TO ORDER The meeting was called to order at 7 :30 a.m. by Roger Williams . 2 . ROLL CALL Members present : Roger Williams, Minnesota Office of Dispute Resolution; Dick Brown, alternate, Sierra Club; Elliott W. Olson, Trout Unlimited; Klaas Van Zee, Van Zee Homes; Ed Schlampp, alternate, Lower Minnesota River Watershed District; Lawrence Samstad, Lower Minnesota River Watershed District; Steve Eggers, Corps of Engineers; Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U.S. Fish and Wildlife; Scott Wallace, MN River Valley Audubon; Jon Westlake, Scott County Planning Director; Del H. Einess, Chamber of Commerce; Barbara Koennecke, Community Representative Members absent : Craig Affeldt, MPCA, Jim Ostenson, James Development Company, Cyrus Knutson, Mn/DOT; Stanley Ellison, Mdewakanton Sioux Community Staff present : City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, Assistant to the Administrator Jean Gramling, and Recording Secretary Clare T. Link 2. APPROVAL OF MINUTES The minutes of the AUAR meeting of January 17, 1995 were approved as amended: 1 . Page 2, Item 5, second paragraph: last sentence amended to read: solutions offered as the group progresses . 2 . Page 5, Item 5, third paragraph: Lawrence should be Larson throughout the minutes beginning on page six. 3 . Page 1, members absent : Stanley Ellison. 01/.51/95 11:29 L I 1Y OF SHVH1IE -' 94456718 N0.790 U16 AUAR January 20, 1995 Page 2 2 . Minutes (Continued) 4 . Page 7, sixth paragraph: Change "sated" to "stated. " 5 . Page 10, paragraph: Sentence added: Greg Downing was asked to meet with the cities of Shakopee and Savage to mediate the jurisdictional question. 6 . Page 11, fourth paragraph: Change phrase to read "would not. " 7 . Page 11, last paragraph: The phrase "zoned industrial" will replace "rezoned" . 8 . Page 7, The phrase historical "opposition" will replace "position. " Change "Nick Sierra" to "Rowse. " 9. Lawrence Samstad should be included as the alternate for LMWD as members present. 10. Scott Wallace will be replacing Lois Norrgard as a permanent representative of the Audubon Society. 11. Page 13, second paragraph: Wallace stated that we need to look at the broad cumulative before the issues can be narrowed down more. 12 . Page 9, third paragraph: Downing replied that this would not be the case. 13. Page 10. . .should be noted that no one objected to Shakopee being part of the AUAR process instead of doing a separate EAW. 14. Page 9, second to last paragraph, second to. . Downing stated that the city would need to do an EAW. 15. Same page, last paragraph. . . Shakopee could back into the AUAR and create a second set of mitigation measures for Shakopee should be created. 16. Page 9, 8th paragraph: Rewrite sentence to read: "Ekola clarified that the land use plans included with the AUAR document identify land use designations and not the zoning of properties. Zoning would be shown on the city' s zoning map. It was suggested that a copy of the City of Savage's zoning map be provided to the group. " 01/31/95 11:29 CITY OF SAVAGE 94456718 NO.790 017 AUAR January 20, 1995 Page 3 2 . Minutes (Continued) 17 . Page 9, second to last paragraph: Change last sentence to read: "The city of Shakopee would need to consider doing an RAW. " 18. Page 7, 5th paragraph: Add sentence to read: need to upgrade Highway 13 to a primary arterial either through reassignment of jurisdiction or change of functional class. 19. Page 5, second paragraph: Change "national" to "nationwide. " 20 . Olson felt that there could be more and more problems with the minutes due to their technical nature and resulting corrections. He felt that it would be a good idea to have the proceedings transcribed with a court reporter or video. It was decided to videotape the meetings but still have minutes. King noted that the meeting would go out over the air. It was decided to audiotape the meetings. 8 :00 a.m. 3 . AGENDA Williams discussed the agenda for today's meeting. 4. GROUNDWATER MODEL PRESENTATION Ray Wuolo, Barr Engineering defined the problems given to Barr Engineering which promoted the need for a groundwater model . The first question included whether additional city wells in the Prairie du Chien/Jordan aquifer would affect hydraulic heads at the Fen, Eagle Creek, and Boiling Springs. The second question was where could wells be located that would not cause changes in water level. Question number three was how proposed development would affect hydraulic heads at the Fen, Eagle Creek, and Boiling Springs. Another question concerned development around Eagle Creek and what the hydraulic effects of a well in this area would be, what the hydraulic effect of increased impervious area, and if the modeling suggests any mitigation options. He noted that it is important to know what the questions are before a model can be used. . •. r AUAR January 20, 1995 Page 4 4 . GROUNDWATER MODEL PRESENTATION Wuolo explained why hydraulic heads are the focus of this model. He stated that the need to quantify effects of wells and development is a major reason for the groundwater model. Complex hydrogeology of the area is also an issue. He noted that fen hydrology is a regional problem. Wuolo noted that a groundwater model is a mathematical representation of groundwater flow. It used as a tool to understand flow processes, make reasoned decisions, protect natural resources, and comprehend observations. Without the model, it would be impossible to make a decision regarding whether or not something is likely to happen. He noted that the groundwater models are mainly used for wellhead protection studies. He explained how the tool is created, based on observations and data, basic laws of physics, conceptual model of flow and scientific judgement and experience. He stated that it is a tool that addresses specific problems. Wuolo explained why the analytical element model was chosen. He stated that only two models could have been chosen. He discussed where this model has been used before. Wuolo reviewed a conceptual hydrogeologic model of the area which is used to identify neglected areas. It is based on observations which are quantified according to the model. The model shows regional flow in Scott and Dakota Counties. He discussed flow in the water table aquifer. He noted that the St. Peter Sandstone is generally not considered an aquifer. He noted that the Prairie du Chien/Jordan Aquifer is the major aquifer in the Twin Cities area. He discussed the composition of the aquifer. He stated that the Jordan Sandstone is also part of this aquifer. He noted that the Prairie du Chien has greater resistance to groundwater flow vertically. He explained that one of the reasons to create this model was to differentiate the flow to the fen. Wuolo reviewed a conceptual model closer to the fen area. He noted that the Prairie du Chien aquifer is pretty much at ground level in the Minnesota River Valley area. Wuolo discussed the variability in geology and hydrogeology in Scott County. He noted the presence of a buried bedrock valley in the County. He stated that this is a feature that cannot be ignored, and wells should not be in this area. 8:45 a.m. 01/31/95 11:30 CITY OF SAVAGE - 94456710 NO.790 O19 AUAR January 20, 1995 Page 5 4 . GROUNDWATER MODEL PRESENTATION Wuolo discussed where the data came from to develop the Savage Fen Management Plan model . Information is obtained from county geologic atlases, well logs, pumping test results, DNR ambient groundwater monitoring program, site investigation reports, DNR/Fish and Wildlife monitoring data, regional modeling studies, climatological data, water-balance studies, DNR appropriations permits (locations of major pumping wells) soil boring logs, and stream gaging data (to get base flow in Eagle Creek) . Wuolo discussed the key components of a groundwater model which are to define how does water get in and how does it get out . He discussed sources of water infiltration into the aquifers. He noted that the Minnesota River is the major discharge area. Wuolo reviewed flux rates in Scott County. He explained how water can leak between aquifers. 9 : 00 a.m. Wuolo reviewed a map which showed the direction of groundwater flows in the Scott County and Dakota County areas. He noted that regional flow problems are very widespread. Wuolo discussed evaluations which were done of what would happen if wells were constructed in sensitive areas in the city. With three different scenarios with wells placed in different aquifer areas, there was a drop of one foot in the water level . The effect of additional development on the aquifers was also reviewed. A maximum drawdown in the Prairie du Chien of .2 feet was noted near the Savage Fen. Wuolo discussed the sensitivity of varying hydraulic conductivity. wuolo stated that analytical models are unique because whatever water goes in comes out . Scott Wallace questioned the use of baseline data selected using only water levels from May and June of 1994 . Wuolo stated that the change in fluctuation is independent from year to year. The change in hydraulic head is very insensitive to seasonal fluctuations. Wallace asked if there is a level set C/1,..)1,7•1 11•J1 1.1 1 1 u JP1VrtuC "-' 7.4.4 Jo f 1d • • AUAR January 20, 1995 Page 6 4 . GROUNDWATER MODEL PRESENTATION at where the water in the fen would be. Wuolo stated that is correct. Steve Edgers asked when the city's wells went in. He stated that the original hydrology of the fen is unknown, because the wells didn't go in until the 1980's. He stated that there isn't any data for the fen pre-1980. Wuolo noted that the model is able to predict what the change has been. Jim Larsen questioned what the piezometric head is; is it still artesian. Wuolo reviewed the water levels of piezometers provided by the DNR. He noted that changes in water levels may be affected by changes in peat. 9:15 a.m. Larsen asked if the study takes a stand that a 3" drop would be acceptable and no more and that development would have an effect of a 5" drop. He asked if an additional well in the city would cause a 3" drop. Wuolo noted that the city has elected not to install anymore wells in the Prairie du Chien area. Larsen asked if there is a need to eliminate some of the existing wells. Wuolo stated that domestic wells have no significant effect on the groundwater level unless there are hundreds of them. He stated that there aren't very many irrigation wells in the city. Lawrer} .e Samstad asked if it was correct that another well would reduce the water level 2' . Wuolo replied that this would be the case. Samstad stated that the study is a macro study of the area and a micro study of development and this is not a specific study. This addresses the larger problems of wells and development . Wuolo agreed. Klaas Van Zee asked if the Chadwick irrigation well was included in the model. Wuolo noted that an irrigation well below the bluff was included in the study. He didn't think any information was available on the Chadwick well. Van Zee asked if Barr would be addressing the Minnesota River valley issues when they respond to comments. In response to a question from Wallace, Wuolo discussed water levels in a landlocked basin and what occurs when an outlet is _.......... .. . . . k1/31/95/111MIMMIMMILAVAGE 94456718 NO.790 P21 AUAR January 20, 1995 Page 7 4 . GROUNDWATER MODEL PRESENTATION put in. The infiltration rate would only increase by 1-2% if the water level changes by 3' . Tom Balcom questioned what was done in the model during a drought condition. Wuolo stated that the change in water level won' t be affected to any certain degree by drought conditions. Nick Rowse questioned the location of major recharge areas for the Prairie du Chien and what affect they would have as they develop. Wuolo noted that other communities will be addressing the issue; they are noting that this is not just a Savage problem, but other communities will also be affected. Steve Kina noted the development pattern. The conclusion the city drew is that no more new wells can be constructed. It is the city's goal that alternative water sources will become primary sources, and the existing wells will be backup sources. Wallace asked if the drawdown on the Prairie du Chien aquifer would affect the other aquifers. Wuolo indicated that other aquifers will not be affected. The DNR is very concerned about allowing wells in the Mt. Simon/Hinckley aquifer. Eggers asked if the study reached a conclusion that the glacial drift aquifer was not significant in affecting the fen area. Wuolo stated that the model indicated that there is seepage from the glacial drift aquifer into the fen. Larsen asked what would be an appropriate level of impervious surface conditions and how finetuned the model is in relation to the bluff. Wuolo noted that the drift aquifer gets more direct water from right above the bluff . Wuolo noted the need to educate residents on the importance of watching what they put down their drains. Samstad noted that the glacial material below the bluff is quite impervious. Clay keeps the water from flowing vertically and reduces the flow horizontally. Wuolo discussed the formation of seeps in the water table aquifer area. Olson questioned if the aquifers all have the same conductivity. Wuolo replied that would not be accurate. Each would have a different hydraulic conductivity. 11.•-"C l.1 I I V. JPIVI IUG • J..YJV 11V 11%). 1-,C) -VCG - AUAR January 20, 1995 Page 8 4 . GROUNDWATER MODEL PRESENTATION Samstad stated that it should be clarified that there is a glacial drift in the area that is relatively impervious to horizontal flow and what is coming from the bluff is a result of alluvial conditions that do not allow the transfer of water. Wuolo agreed. Balcom asked if the information going back to 1970 is well data. Wuolo noted that the data for the model was compiled over a period of fifty years. Balcom questioned what would happen to the Fen and Boiling Springs if appropriations were taken away. Wuolo replied that the hydraulic head would increase by 1 foot. He noted that wells cause very widespread effects. 9:45 a.m. Olson asked if any sensitivity tests were done on the hydraulic conductivity. Wuolo replied that sensitivity tests were done. He explained that a lot of the details are not written down. He stated that a report could be provided if requested. Olson asked if any information is available on the wellhead change on Eagle Creek. Wuolo noted that they are indicated in the piezometric maps showing drawdown. He reviewed the piezometric changes in the Boiling Springs area with a land development scenario. Olson asked if the springs are lowered if they will continue to bubble. Wuolo stated that there is no good way to translate bubbling to a head condition. The panel recessed at 9:50 a.m. and reconvened at 10:08 a.m. Van Zee discussed his concerns about the bubbling of Boiling Springs and that he had heard it is the result of a crack in the sandstone. He questioned whether the amount of bubbling could change if the hole in the sandstone gets larger. wuolo stated that it could be possible. He stated that the flow would not be affected. 01/31/95 11:33 CITY OF SAVAGE - 94456718 NO.790 023 AUAR January 20, 1995 Page 9 4 . GROUNDWATER MODEL PRESENTATION Samstad noted that there is more than one location for Boiling Springs. He discussed past and current pressures. He noted that over a period of time, the bubbling has decreased. Wuolo stated that the groundwater flow into Eagle Creek is not just from Boiling Springs. He discussed seeps into the creek at various locations. He stated that it would be safer, with the construction of utilities, to stay above the bedrock. Eggers asked if Barr would be preparing responses to the AUAR comments. Wuolo replied that they would prepare written responses. Balcom asked if Barr has responded to a letter from Al Frechette from Scott County. Wuolo replied that he has already responded to the letter. King noted that it was a comment submitted following the deadline for comments. Heald noted that he wrote a letter to Jon Westlake that the city would not respond formally to this comment because it was past the deadline. Williams asked if it would be important to have Ray Wuolo comment in case of erroneous assumptions in the letter. Balcom stated that it should possibly be discussed on Tuesday when Jeanette Lee is present. Jon Westlake stated that he respects the cutoff date but would like to receive a copy of the response from Barr Engineering. Wuolo noted that a lot of the response information was covered at the meeting this morning. Larsen noted that the Met Council did not receive a formal notification of the closure date from the city. He felt that if there are valid concerns in the letter from Scott County, he is curious what is in the letter. Olson thought that the substance of the letter should be reviewed regardless of the deadline. Balcom reviewed the letter which questioned how far you can go with the model with making some of the summary conclusions. He stated that these points should be addressed at the meeting on Tuesday. Williams suggested that the letter be distributed with the minutes. bl/J1f77 11:JJ LI I I Ur SHVHut -' 7447bf10 NU. rpt. L, AUAR January 20, 1995 Page 10 4 . GROUNDWATER MODEL PRESENTATION Olson asked if Barr did any studies regarding what causes the boiling at Boiling Springs. Wuolo stated that no studies were done, and he can only speculate . Other locations of boiling springs were discussed. Olson asked if baseline information was taken from reference materials. Wuolo discussed his sources. Olson discussed generalizations that regional groundwater models may or may not be correct for a specific area. Wuolo stated that there was greater detail in the Savage Fen area as was possible . He noted that data does not exist for around Eagle Creek and Boiling Springs. Olson asked; if the information could be generated if time permitted. Wuolo replied that it could be done; cost is the issue. In response to Olson's concern, Wuolo felt that boiling springs were probably a fairly common feature nationwide. Olson noted that no stress tests were done. He asked if the head rate could drop around 3" near the Savage Fen. Wuolo replied that they could drop this much with the development scenario. Olson asked what the variations in the drawdown would be. Wuolo stated that the variation would be from zero to one. Olson asked what the error rate would be on that prediction if studies were done of 100 Savages. Wuolo stated that there would be 100 different answers, but they would be similar. He stated there isn' t a unique set of circumstances that can be reproduced. Olson was concerned that predicting flows would be the same as predicting the weather. Wuolo disagreed, stating that weather is more complex. garb Koennecke asked how many of the 100 sites would be between zero and one. Wuolo noted that some of them would be above one. Olson discussed his concerns about the numbers provided not being absolute. He questioned the odds. Williams asked Olson if he would be unable to deal with the issues before this committee based on his concerns. He asked Olson how much accuracy he needed. Olson replied 75% accuracy. Williams asked Wuolo if the data is 75% accurate. Wuolo replied that theoretically it could be done, but it would take a number of years. 01/31/95 11:34 CITY OF SAVAGE 94456718 NO.790 025 AUAR January 20, 1995 Page 11 4 . GROUNDWATER MODEL PRESENTATION Samstad asked what the plus or minus on the 3/10th' s would be. Wuolo stated that he could gather that information. Olson asked if it would be possible to model some of the recent drought conditions. Wuolo stated that it could be possible. Olson noted that he is interested in knowing how much additional drop in the heads would be realized. Wuolo replied that it would be the same. Larsen noted that the model study shows an average difference of .432 feet, while the fen plan shows 3 inches. Wuolo stated that it will be changed to read .432 feet. Williams asked Wuolo what guidance he can give to this group with regard to Eagle Creek, etc. Wuolo stated that the model does not address water quality issues which could also affect this area. He stated that he would like at the long term health of the fen, Eagle Creek and Boiling Springs. You have to continue to monitor water level and water quality. Wallace questioned how sources of funding can be identified for this continued monitoring. Wuolo noted that the DNR is committed to this continued monitoring. 10 :45 a.m. It was noted that BRW is looking at the comments made on the Bohn property at the last meeting. Wuolo read a memo regarding the land use on the Bohn property which noted that the changes in the land use would have a negligible additional effect on the hydraulic head in the fen. Larsen asked if this would assume complete capture of the runoff and avoiding the fen area. He discussed his concern about groundwater issues. He stated that a storm water plan is not available for the city which is a major issue. Williams noted that Dr. Jeanette Leete would be at the next meeting as well as Ray Wuolo. 5. ISSUES Williams suggested identifying the issues associated with the fen. Issues could then be provided to Dr. Leete for her response on Tuesday. 01/.31/95 11:55 CI IY OF bRVI-b -+ V41.4 bYlb AUAR January 20, 1995 Page 12 5 . ISSUES (Continued) King noted that County Road 27 would be an issue, and Jon Westlake would not be in attendance at the next meeting. Westlake stated that the county engineer could possibly attend. Williams noted that County Road 27 is not the issue; the issue is getting traffic from one place to another. Olson felt that issues could be missed if just brainstorming occurs. He was concerned that a formal process be used to categorize the comments and the issues raised in the AUAR. Williams asked when the comments on the comments would be available. King replied that he has a draft of it now. A draft of the mitigation plan is also ready, but staff would like to work on it longer. Williams asked how much the city would like the group to get involved with every comment. King stated that he sensed that there is an interest in doing this. He had hoped that the major themes and topics would be addressed. A lot of comments do not need responses and, at Balcom's request, he cited examples of letters that have been received. Panel members discussed comments. Olson noted that there are some aspects of the AUAR that have not been addressed. Williams asked if the final product is to show some form of consensus in the way the city and its consultants have responded to comments made on the AUAR or if the group is expected to make specific recommendations about development around highly sensitive area. Olson stated that commenting on the comments is not the job of the panel. He would like to see the city's responses. Eggers stated that the panel would tackle the issues that have not been resolved. Van Zee stated that not reaching a consensus among the group would have caused the AUAR process to be a waste of time. Samstad felt that there are several areas of comments that can be addressed generally. He explained how other issues can be addressed. King noted that the determination was made that the AUAR is a public information document. He assumed that the purpose of the panel is to identify the issues and decide whether the document addresses the issues. He hoped that any 01/31/95 11:35 CITY OF SAVAGE 94456718 NO.790 P27 AUAR January 20, 1995 Page 13 5 . Issues (Continued) problems the state agencies have could be addressed in this forum. Williams felt that the group can' t do too much until the comments are made available. 11:15 a.m. Balcom questioned if the goal of issue identification is to summarize or categorize entire groups of comments. Williams agreed. Koennecke suggested that a list of issues be created and then the comments can be added later. Panel members discussed the methodology to determine what the issues are. A presentation on surface water will be done at the next meeting. A member of the audience stated that there are 25 major issues from the AUAR. He felt that they should be identified. Williams noted that the group needs to be comfortable with their process. He felt that if he had to comment on an EIS or EAW that personally affected him, he could come up with a million concerns, but the issue remains the same. Williams asked what the major issues are. Wallace felt that the issues are all part of the comments. Brown asked if we have to stick with just addressing questions in the AUAR. King replied that the city is looking for that. Samstad noted that he is satisfied with the AUAR's addressing of the groundwater issue. He noted that there are other issues that are not addressed in the AUAR and he believed the City Council should be thinking about. 11:25 a.m. Samstad stated that the study for what it does is done well, but it has limitations. Van Zee stated that an issue would be that the AUAR is not site specific enough. 01/31/95 11:S6 CITY OF SHVHbt y4455"a 3 ivu. r7C, vco t AUAR January 20, 1995 Page 14 5. Issues (Continued) Williams asked if there are specific issues that the panel would like the speaker on Tuesday to address. 1. Impact of public access 2 . Impact of Alternates A and B on plant life 3 . Impact of immediate land uses in the fen and above the bluff line 4 . Is there a critical water threshold? What is acceptable? 5. What is the true geographical extent of the fen? 6 . What is the natural fluctuation of water levels in the fen? Range from a drought year to a wet year? 7. What long term impact will the city's haul road have? 8. How much chemical change would it take to alter the plant/animal species? 9. Do we have adequate baseline data to make some management decisions? 10. What' s the natural life cycle of the fen? 11 . Can County Road 27 be constructed in a manner consistent with the management of the fen? 12. Can the fen be restored; if so, how easy is it to restore the fen? 13 . The effects of underground utilities on groundwater flow in the fen. 14 . What are the benefits of the fen to the community of Savage? 15. Exotic species issues 16. What are the impacts of additional commercial/industrial development in areas adjacent to the fen? 17. How much stress can the fen take? (i.e. , full development and a drought - has the AUAR adequately considered this?) 18 . How large should buffers in/around the fen be? 19 . Legal issues of requiring special measures for development in/around the fen 20. Responsible parties for long term monitoring and funding sources 21. Effect of holding ponds and storm water management plans 22 . Impact of sedimentation from Bohn's quarry 23 . What are the DNR's and US F&W's goals/plans with the fen? 24 . Should/can some areas of the fen be enhanced? 25. Would a reduction in the fen square footage impact the quality of the remaining fen area? 26 . Does impervious surfacing increase the pressure (head) in the fen? 01/31/95 11:36 CITY OF SAVAGE 94456718 NO.790 029 AUAR January 20, 1995 Page 15 5. Issues (Continued) King asked if it would be fair to assume that these questions would be resolved and the group could move on. Panel members discussed this concern. King stated that it is the city' s expectation to get the answers to these questions at the next meeting. Williams noted that there needs to be some recognition by panel members that not all data will be available. Balcom identified areas of consensus, disagreement and further study as areas which will identify closure. Ekola discussed the defined process for the AUAR and what steps the panel should take next. 6 . NEXT MEETINGS: Next meetings: Tuesday, January 24; Monday, January 30; Friday, February 3; Tuesday, February 7 (if needed) - 7:30 a.m. - 12 :00 p.m. Panel members discussed their concerns about meeting dates. Olson requested a timetable on when ordinances discussed at the last meeting will be passed. Williams asked when the comments on the comments would be available. King replied that they would be available by January 30. 7 . ADJOURNMENT There being no further business, the meeting was adjourned at 12 :08 p.m. Respe full .m tted, "Arotily Clare T. Link ADOPTED AND APPROVED JANUARY 24, 1995 AUAR ADVISORY PANEL MEETING January 20, 1995 1 . CALL TO ORDER The meeting was called to order at 7 :30 a.m. by Rocer Williams . 2 . ROLL CALL Members present : Roger Williams, Minnesota Office of Dispute Resolution; Dick Brown, alternate, Sierra Club; Elliott W. Olson, Trout Unlimited; Klaas Van Zee, Van Zee Homes; Ed Schlampp, alternate, Lower Minnesota River Watershed District; Lawrence Samstad, Lower Minnesota River Watershed District; Steve Eggers, Corps of Engineers; Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Lindberg Ekola, City of Shakopee; Nicholas Rowse, U.S. Fish and Wildlife; Scott Wallace, MN River Valley Audubon; Jon Westlake, Scott County Planning Director; Del H. Einess, Chamber of Commerce; Barbara Koennecke, Community Representative Members absent : Craig Affeldt, MPCA, Jim Ostenson, James Development Company, Cyrus Knutson, Mn/DOT; Stanley Ellison, Mdewakanton Sioux Community Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, Assistant to the Administrator Jean Gramling, and Recording Secretary Clare T. Link 2 . APPROVAL OF MINUTES The minutes of the AUAR meeting of January 17, 1995 were approved as amended: 1. Page 2, Item 5, second paragraph: last sentence amended to read: solutions offered as the group progresses. 2 . Page 6, Item 5, third paragraph: Lawrence should be Larson throughout the minutes beginning on page six. 3 . Page 1, members absent : Stanley Ellison. AUAR January 20, 1995 Page 2 2 . Minutes (Continued) 4 . Page 7, sixth paragraph: Change "sated" to "stated. " 5 . Page 10, paragraph: Sentence added: Greg Downing was asked to meet with the cities of Shakopee and Savage to mediate the jurisdictional question. 6 . Page 11, fourth paragraph: Chance phrase to read "would not. " 7. Page 11, last paragraph: The phrase "zoned industrial" will replace "rezoned" . 8 . Page 7, The phrase historical "opposition" will replace "position. " Change "Nick Sierra" to "Rowse. " 9 . Lawrence Samstad should be included as the alternate for LMWD as members present. 10 . Scott Wallace will be replacing Lois Norrgard as a permanent representative of the Audubon Society. 11. Page 13, second paragraph: Wallace stated that we need to look at the broad cumulative before the issues can be narrowed down more. 12 . Page 9, third paragraph: Downing replied that this would not be the case. 13 . Page 10 . . .should be noted that no one objected to Shakopee being part of the AUAR process instead of doing a separate EAW. 14 . Page 9, second to last paragraph, second to. . Downing stated that the city would need to do an EAW. 15 . Same page, last paragraph. . . Shakopee could back into the AUAR and create a second set of mitigation measures for Shakopee should be created. 16 . Page 9, 8th paragraph: Rewrite sentence to read: "Ekola clarified that the land use plans included with the AUAR document identify land use designations and not the zoning of properties. Zoning would be shown on the city' s zoning map. It was suggested that a copy of the City of Savage's zoning map be provided to the group. " AUAR January 20, 1995 Page 3 2 . Minutes (Continued) 17 . Page 9, second to last paragraph: Change last sentence to read: "The city of Shakopee would need to consider doing an EAW. " 18 . Page 7, 5th paragraph: Add sentence to read: need to upgrade Highway 13 to a primary arterial either through reassignment of jurisdiction or change of functional class . 19 . Page 5, second paragraph: Change "national" to "nationwide. " 20 . Olson felt that there could be more and more problems with the minutes due to their technical nature and resulting corrections . He felt that it would be a good idea to have the proceedings transcribed with a court . reporter or video. It was decided to videotape the meetings but still have minutes. King noted that the meeting would go out over the air. It was decided to audiotape the meetings . 8 : 00 a.m. 3 . AGENDA Williams discussed the agenda for today' s meeting. 4 . GROUNDWATER MODEL PRESENTATION Ray Wuolo, Barr Engineering defined the problems given to Barr Engineering which promoted the need for a groundwater -model . The first question included whether additional city wells in the Prairie du Chien/Jordan aquifer would affect hydraulic heads at the Fen, Eagle Creek, and Boiling Springs . The second question was where could wells be located that would not cause changes in water level. Question number three was how proposed development would affect hydraulic heads at the Fen, Eagle Creek, and Boiling Springs . Another question concerned development around Eagle Creek and what the hydraulic effects of a well in this area would be, what the hydraulic effect of. increased impervious area, and if the modeling suggests any mitigation options . He noted that it is important to know what the questions are before a model can be used. AUAR January 20 , 1995 Page 4 4 . GROUNDWATER MODEL PRESENTATION Wuolo explained why hydraulic heads are the focus of this model . He stated that the need to quantify effects of wells and development is a major reason for the groundwater model . Complex hydrogeology of the area is also an issue . He noted that fen hydrology is a regional problem. Wuolo noted that a groundwater model is a mathematical representation of groundwater flow. It used as a tool to understand flow processes, make reasoned decisions, protect natural resources, and comprehend observations. Without the model, it would be impossible to make a decision regarding whether or not something is likely to happen. He noted that the groundwater models are mainly used for wellhead protection studies . He explained how the tool is created, based on observations and data, basic laws of physics, conceptual model of flow and scientific judgement and experience. He stated that it is a tool that addresses specific problems. Wuolo explained why the analytical element model was chosen. He stated that only two models could have been chosen. He discussed where this model has been used before. Wuolo reviewed a conceptual hydrogeologic model of the area which is used to identify neglected areas. It is based on observations which are quantified according to the model. The model shows regional flow in Scott .and Dakota Counties. He discussed flow in the water table aquifer. He noted that the St . Peter Sandstone is generally not considered an aquifer. He noted that the Prairie du Chien/Jordan Aquifer is the major aquifer in the Twin Cities area. He discussed the composition of the aquifer. He stated that the Jordan Sandstone is also part of this aquifer. He noted that the Prairie du Chien has greater resistance to groundwater flow vertically. He explained that one of the reasons to create this model was to differentiate the flow to the fen. Wuolo reviewed a conceptual model closer to the fen area. He noted that the Prairie du Chien aquifer is pretty much at ground level in the Minnesota River Valley area. Wuolo discussed the variability in geology and hydrogeology in Scott County. He noted the presence of a buried bedrock valley in the County. He stated that this is a feature that cannot be ignored, and wells should not be in this area. 8 :45 a.m. • AUAR January 20 , 1995 Page 5 4 . GROUNDWATER MODEL PRESENTATION Wuolo discussed where the data came from to develop the Savage Fen Management Plan model . Information is obtained from county geologic atlases, well logs, pumping test results, DNR ambient groundwater monitoring program, site investigation reports, DNR/Fish and Wildlife monitoring data, regional modeling studies, climatological data, water-balance studies, DNR appropriations permits (locations of major pumping wells) , soil boring logs, and stream gaging data (to cat base flow in Eagle Creek) . Wuolo discussed the key components of a groundwater model which are to define how does water get in and how does it get out . He discussed sources of water infiltration into the aquifers. He noted that the Minnesota River is the major discharge area. Wuolo reviewed flux rates in Scott County. He explained how water can leak between aquifers. 9 :00 a.m. Wuolo reviewed a map which showed the direction of groundwater flows in the Scott County and Dakota County areas. He noted that regional flow problems are very widespread. Wuolo discussed evaluations which were done of what would happen if wells were constructed in sensitive areas in the city. With three different scenarios with wells placed in different aquifer areas, there was a drop of one foot in the water level . The effect of additional development on the aquifers was also reviewed. A maximum drawdown in the Prairie du Chien of . 2 feet was noted near the Savage Fen. Wuolo discussed the sensitivity of varying hydraulic conductivity. • Wuolo stated that analytical models are unique because whatever water goes in comes out. Scott Wallace questioned the use of baseline data selected using only water levels from May and June of 1994 . Wuolo stated that the change in fluctuation is independent from year to year. The change in hydraulic head is very insensitive to seasonal fluctuations. Wallace asked if there is a level set AUAR January 20, 1995 Page 6 4 . GROUNDWATER MODEL PRESENTATION at where the water in the fen would be. Wuolo stated that is correct . Steve Eaters asked when the city' s wells went in. He stated that the original hydrology of the fen is unknown, because the wells didn' t go in until the 1980' s . He stated that there isn' t any data for the fen pre-1980 . Wuolo noted that the model is able to predict what the change has been. Jim Larsen questioned what the piezometric head is; is it still artesian. Wuolo reviewed the water levels of piezometers provided by the DNR. He noted that changes in water levels may be affected by changes in peat. 9 :15 a.m. Larsen asked if the study takes a stand that a 3" drop would be acceptable and no more and that development would have an effect of a 5" drop. He asked if an additional well in the city would cause a 3" drop. Wuolo noted that the city has elected not to install anymore wells in the Prairie du Chien area. Larsen asked if there is a need to eliminate some of the existing wells . Wuolo stated that domestic wells have no significant effect on the groundwater level unless there are . hundreds of them. He stated that there aren't very many irrigation wells in the city. Lawrence Samstad asked if it was correct that another well would reduce the water level 2' . Wuolo replied that this would be the case. Samstad stated that the study is a macro study of the area and a micro study of development and this is not a specific study. This addresses the larger problems of wells and development. Wuolo agreed. Klaas Van Zee asked if the Chadwick irrigation well was included in the model. Wuolo noted that an irrigation well below the bluff was included in the study. He didn' t think any information was available on the Chadwick well . Van Zee asked if Barr would be addressing the Minnesota River Valley issues when they respond to comments. In response to a question from Wallace, Wuolo discussed water levels in a landlocked basin and what occurs when an outlet is AUAR January 20 , 1995 Pace 7 4 . GROUNDWATER MODEL PRESENTATION put in. The infilzracicn rate would only increase by 1-2's if the water level chances by 3 ' . Tom Balcom questioned what was done in the model durinc a drought condition. Wuolo stated that the change in water level won' t be affected to any certain degree by drought conditions . Nick Rowse questioned the location of major recharge areas for the Prairie du Chien and what affect they would have as they develop. Wuolo noted that other communities will be addressing the issue; they are noting that this is not just a Savage problem, but other communities will also be affected. Steve King noted the development pattern. The conclusion the city drew is that no more new wells can be constructed. It is the city' s goal that alternative water sources will become primary sources, and the existing wells will be backup sources . Wallace asked if the drawdown on the Prairie du Chien aquifer would affect the other aquifers. Wuolo indicated that other aquifers will not be affected. The DNR is very concerned about allowing wells in the Mt. Simon/Hinckley aquifer. Eggers asked if the study reached a conclusion that the glacial drift aquifer was not significant in affecting the fen area. Wuolo stated that the model indicated that there is seepage from the glacial drift aquifer into the fen. • Larsen asked what would be an appropriate level of impervious surface conditions and how finetuned the model is in relation to the bluff. Wuolo noted that the drift aquifer gets more direct water from right above the bluff. Wuolo noted the need to educate residents on the importance of watching what they put down their drains . • Samstad noted that the glacial material below the bluff is quite impervious . Clay keeps the water from flowing vertically and reduces the flow horizontally. Wuolo discussed the formation of seeps in the water table aquifer area. . Olson questioned if the aquifers all have the same conductivity. Wuolo replied that would not be accurate. Each would have a different hydraulic conductivity. AUAR January 20, 1995 Page 8 4 . GROUNDWATER MODEL PRESENTATION Samstad stated that it should be clarified that there is a glacial drift in the area that is relatively impervious to horizontal flow and what is coming from the bluff is a result of alluvial conditions that do not allow the transfer of water. Wuolo agreed. Balcom asked if the information going back to 1970 is well data. Wuolo noted that the data for the model was compiled over a period of fifty years . Balcom questioned what would happen to the Fen and Boiling Springs if appropriations were taken away. Wuolo replied that the hydraulic head would increase by 1 foot. He noted that wells cause very widespread effects . 9 :45 a.m. Olson asked if any sensitivity tests were done on the hydraulic conductivity. Wuolo replied that sensitivity tests were done. He explained that a lot of the details are not written down. He stated that a report could be provided if requested. Olson asked if any information is available on the wellhead change on Eagle Creek. Wuolo noted that they are indicated in the piezometric maps showing drawdown. He reviewed the piezometric changes in the Boiling Springs area with a land development scenario. Olson asked if the springs are lowered if they will continue to bubble. Wuolo stated that there is no good way to translate bubbling to a head condition. The panel recessed at 9 :50 a.m. and reconvened at 10 :08 a.m. Van Zee discussed his concerns about the bubbling of Boiling Springs and that he had heard it is the result of a crack in the sandstone. He questioned whether the amount of bubbling could change if the hole in the sandstone gets larger. Wuolo stated that it could be possible. He stated that the flow would not be affected. AUAR January 20 , 1995 Page 9 4 . GROUNDWATER MODEL PRESENTATION Samstad noted that there is more than one location for Boiling Springs . He discussed past and current pressures . He noted that over a period of time, the bubbling has decreased. Wuolo stated that the groundwater flow into Eagle Creek is not just from Boiling Springs . He discussed seeps into the creek at various locations . He stated that it would be safer, with the construction of utilities, to stay above the bedrock. Eggers asked if Barr would be preparing responses to the AUAR comments . Wuolo replied that they would prepare written responses . Balcom asked if Barr has responded to a letter from Al Frechette from Scott County. Wuolo replied that he has already responded to the letter. King noted that it was a comment submitted following the deadline for comments. Heald noted that he wrote a letter to Jon Westlake that the city would not respond formally to this comment because it was past the deadline. Williams asked if it would be important to have Ray Wuolo comment in case of erroneous assumptions in the letter. Balcom stated that it should possibly be discussed on Tuesday when Jeanette Lee is present. Jon Westlake stated that he respects the cutoff date but would like to receive a copy of the response from Barr Engineering. Wuolo noted that a lot of the response information was covered at the meeting this morning. Larsen noted that the Met Council did not receive a formal notification of the closure date from the city. He felt that if there are valid concerns in the letter from Scott County, he is curious what is in the letter. Olson thought that the substance of the letter should be reviewed regardless of the deadline. Balcom reviewed the letter which questioned how far you can go with the model with making some of the summary conclusions. He stated that these points should be addressed at the meeting on Tuesday. Williams suggested that the letter be distributed with the minutes. AUAR January 20, 1995 Page 10 4 . GROUNDWATER MODEL PRESENTATION Olson asked if Barr did any studies regarding what causes the boiling at Boiling Springs . Wuolo stated than no studies were done, and he can only speculate. Other locations of boiling springs were discussed. Olson asked if baseline information was taken from reference materials . Wuolo discussed his sources . Olson discussed generalizations that regional groundwater models may or may not be correct for a specific area. Wuolo stated that there was greater detail in the Savage Fen area as was possible. He noted that data does not exist for around Eagle Creek and Boiling Springs . Olson asked if the information could be generated if time permitted. Wuolo replied that it could be done; cost is the issue. In response to Olson' s concern, Wuolo felt that boiling springs were probably a fairly common feature nationwide. Olson noted that no stress tests were done. He asked if the head rate could drop around 3" near the Savage Fen. Wuolo replied that they could drop this much with the development scenario. Olson asked what the variations in the drawdown would be. Wuolo stated that the variation would be from zero _ to one. Olson asked what the .error rate would be on that prediction if studies were done of 100 Savages . Wuolo stated that there would be 100 different answers, but they would be similar. He stated there isn' t a unique set of circumstances that can be reproduced. Olson was concerned that predicting flows would be the same as predicting the weather. Wuolo disagreed, stating that weather is more complex. Barb Koennecke asked how many of the 100 sites would be between zero and one. Wuolo noted that some of them would be above one. Olson discussed his concerns about the numbers provided not being absolute. He questioned the odds. Williams asked Olson if he would be unable to deal with the issues before this committee based on his concerns . He asked Olson how much accuracy he needed. Olson replied 75% accuracy. Williams asked Wuolo if the data is 75% accurate. Wuolo replied that • theoretically it could be done, but it would take a number of . years. AUAR January 20 , 1995 Page 11 4 . GROUNDWATER MODEL PRESENTATION Samstad asked what the plus or minus on the 3/10 th' s would be . Wuolo stated that he could gather that information. Olson asked if it would be possible to model some of the recent drought conditions . Wuolo stated that ic could be possible . Olson noted that he is interested in knowing how much additional drop in the heads would be realized. Wuolo replied that it would be the same. Larsen noted that the model study shows an average difference of .432 feet, while the fen plan shows 3 inches . Wuolo stated that it will be changed to read .432 feet . Williams asked Wuolo what guidance he can give to this group with regard to Eagle Creek, etc. Wuolo stated that the model does not address water quality issues which could also affect this area. He stated that he would like at the long term health of the fen, Eagle Creek and Boiling Springs . You have to continue to monitor water level and water quality. Wallace questioned how sources of funding can be identified for this continued monitoring. Wuolo noted that the DNR is committed to this continued monitoring. 10 :45 a.m. It was noted that BRW is looking at the comments made on the Bohn property at the last meeting. Wuolo read a memo regarding the land use on the Bohn property which noted that the changes -in the land use would have a negligible additional effect on the hydraulic head in the fen. Larsen asked if this would assume complete capture of the runoff and avoiding the fen area. He discussed his concern about groundwater issues . He stated that a storm water plan is not available for the city which is a major issue. Williams noted that Dr. Jeanette Leete would be at the next meeting as well as Ray Wuolo. 5 . ISSUES Williams suggested identifying the issues associated with the fen. Issues could then be provided to Dr. Leete for her response on Tuesday. AUAR January 20, 1995 Page 12 5 . ISSUES (Continued) King noted that County Road 27 would be an issue, and Jon Westlake would not be in attendance at the next meeting. Westlake stated that the county engineer could possibly attend. Williams noted that County Road 27 is not the issue; the issue is getting traffic from one place to another. Olson felt that issues could be missed if just brainstorming occurs . He was concerned that a formal process be used to categorize the comments and the issues raised in the AUAR. Williams asked when the comments on the comments would be available. King replied that he has a draft . of it now. A draft of the mitigation plan is also ready, but staff would like to work on it longer. Williams asked how much the city would like the group to get involved with every comment . King stated that he sensed that there is an interest in doing this . He had hoped that the major themes and topics would be addressed. A lot of comments do not need responses and, at Balcom' s request, he cited examples of letters that have been received. Panel members discussed comments. Olson noted that there are some aspects of the AUAR that have not been addressed. Williams asked if the final product is to show some form of consensus in the way the city and its consultants have responded to comments made on the AUAR or if the group is expected to make specific recommendations about development around highly sensitive area. Olson stated that commenting on the comments is not the job of the panel. He would like to see the city' s responses. Eggers stated that the panel would tackle the issues that have not been resolved. Van Zee stated that not reaching a consensus among the group would have caused the AUAR process to be a waste of time. Samstad felt that there are several areas of comments that can be addressed generally. He explained how other issues can be addressed. King noted that the determination was made that the AUAR is a public information document. He assumed that the purpose of the panel is to identify the issues and decide whether the document addresses the issues. He hoped that any AUAR January 20 , 1995 Page 13 5 . Issues (Continued) problems the state agencies have could be addressed in this forum. Williams felt that the c=oup can' t do too much until the comments are made available. 11 : 15 a.m. Balcom questioned if the goal of issue identification is to summarize or categorize entire groups of comments . Williams agreed. Koennecke suggested that a list of issues be created and then the comments can be added later. Panel members discussed the methodology to determine what the issues are . A presentation on surface water will be done at the next meeting. A member of the audience stated that there are 25 major issues from the AUAR. He felt that they should be identified. - - Williams noted that the group needs to be comfortable with their process . He felt that if he had to comment on an EIS or EAW that personally affected him, he could come up with a million concerns, but the issue remains the same. Williams asked what the major issues are. Wallace felt that the issues are all part of the comments . Brown asked if we have to stick with just addressing questions in the AUAR. King replied that the city is looking for. that. Samstad noted that he is satisfied with the AUAR' s addressing of the groundwater issue. He noted that there are other issues that are not addressed in the AUAR and he believed the City Council should be thinking about. 11:25 a.m. Samstad stated that the study for what it does is done well, but it has limitations. Van Zee stated that an issue would be that the AUAR is not site specific enough. AUAR January 20, 1995 Page 14 5 . Issues (Continued) Williams asked if there are specific issues that the panel would like the speaker on Tuesday to address . 1 . Impact of public access 2 . Impact of Alternates A and B on plant life 3 . Impact of immediate land uses in the fen and above the bluff line 4 . Is there a critical water threshold? What is acceptable? 5 . What is the true geographical extent of the fen? 6 . What is the natural fluctuation of water levels in the fen? Range from a drought year to a wet year? • 7. What long term impact will the city' s haul road have? 8 . How much chemical change would it take to alter the plant/animal species? 9 . Do we have adequate baseline data to make some management decisions? 10 . What' s the natural life cycle of the fen? 11. Can County Road 27 be constructed in a manner consistent with the management of the fen? 12 . Can the fen be restored; if so, how easy is it to restore the fen? 13 . The effects of underground utilities on groundwater flow in the fen. 14 . What are the benefits of the fen to the community of Savage? 15 . Exotic species issues 16 . What are the impacts of additional commercial/industrial development in areas adjacent to the fen? 17 . How much stress can the fen take? (i.e. , full development and a drought - has the AUAR adequately considered this?) 18 . How large should buffers in/around the fen be? 19 . Legal issues of requiring special measures for development in/around the fen 20 . Responsible parties for long term monitoring and funding sources 21. Effect of holding ponds and storm water management plans 22 . Impact of sedimentation from Bohn' s quarry 23 . What are the DNR' s and US F&W' s goals/plans with the fen? 24 . Should/can some areas of the fen be enhanced? 25 . Would a reduction in the fen square footage impact the quality of the remaining fen area? 26. Does impervious surfacing increase the pressure (head) in the fen? • AUAR January 20, 1995 Page 15 5 . Issues (Continued) King asked if it would be fair to assume that these questions would be resolved and the group could move on. Panel members discussed this concern. King stated that it is the city' s expectation to get the answers to these questions at the next meeting. Williams noted that there needs to be some recognition by panel members that not all data will be available. Balcom identified areas of consensus, disagreement and further study as areas which will identify closure. Ekola discussed the defined process for the AUAR and what steps the panel should take next. 6 . NEXT MEETINGS : • Next meetings : Tuesday, January 24; Monday, January 30; Friday, February 3 ; Tuesday, February 7 (if_.. needed) - 7 :30 a.m. - 12 :00 p.m. Panel members discussed their concerns about meeting dates. Olson requested a timetable on when ordinances discussed at the last meeting will be passed. Williams asked when the comments on the comments would be available. King replied that they would be available by January 30 . 7. ADJOURNMENT There being no further business, the meeting was adjourned at 12 :08 p.m. Respe ,fully .��•mitted, Clare T. Link Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: KC Hall Date: January 31, 1995 NON AGENDA INFORMATION ITEM: At the January 24, 1995, City Council meeting, some questions were raised with regards to the KC Hall located on east Fourth Avenue. As discussed at the City Council meeting, the KC Hall is currently a non-conforming use. As a non-conforming use, the KC Hall can continue its current operations as a private club or lodge without any further approvals by the City, subject to the provisions on non-conformities in the Zoning Ordinance. Attached to this memo are these provisions. If the KC organization wishes to expand their use on this site, two actions would need to occur under the provisions of the new zoning ordinance. First, the property would need to be rezoned to the B-1 zone. It should be noted that in the process of adopting the new zoning map, the site was zoned from the old R-4 district to the new R-3 zone as a part of the direct translation effort. Private clubs/lodges are conditional uses in the B-1 (Highway Business) and B-3 (Central Business) zones in the new Zoning Ordinance text. The appropriate zone for the KC site would be the B-1. Staff is recommending that the City initiate this process in March. The second action necessary for a KC Hall expansion would involve the review and approval of a Conditional Use Permit application. This application, like any other Conditional Use Permit application, would need to be submitted by the property owner and be approved by the BOAA. An issue that was not as thoroughly discussed at the City Coucil meeting involves the potential expansion of the KC Hall facilities on their site. Two zoning regulations would primarily impact the amount of future expansion, neither of which appears to be a significant impediment to future expansions of this site. After the acquisition of right-of-way for Sarazin Street, the KC Hall will have approximately 145 parking stalls available. The new zoning ordinance for the existing building would require 75 stalls. Clearly, there is ample parking on the site. The second zoning restriction involves the maximum impervious surface. Based on a cursory check of the existing site plan, there should be approximately 30,000 square feet of site area available for future development of buildings and/or parking while still meeting the maximum impervious surface requirements. If members of the City Council have any questions, please call me at 445-3650. Thank you. (Kchall.cc) A SEC. 1.1. 91. NONCONFORMITIES. Subd. -1. -Purpose. It is recognized that there are structures and uses of land which were lawful when established but which do not now comply with all applicable provisions of this Chapter. While nonconformities may not be summarily terminated, it is the purpose and intent of this Chapter to discourage the survival of Type A nonconformities and such uses are hereby declared to be incompatible with this Chapter and with the comprehensive plan. It is further the purpose and intent of this Chapter to discourage the enlargement, expansion or extension of any Type A nonconformity or any _increase of the impact of such nonconformity on adjoining property. It is also recognized that there are Type B nonconformities in which the uses continue to be permissible but which are operated on sites or in structures which do not fully meet -the development standards of this Chapter. It is the intent of .this _Chapter to distinguish between uses which are not permitted and those in which development standards or other incidents of development are not in full compliance with this Chapter. Type A nonconformities will be discouraged and not allowed to expand while Type"B nonconformities will be allowed to continue in existence and expand under carefully regulated conditions. Subd. ..2 Types of Nonconformities. This Chapter recognizes the following two types of nonconformities: -A. Type A nonconformities shall include land and structures which are devoted to a use not permitted by this Chapter. - --B. Type B nonconformities shall include developed land which -is devoted to a use permitted by this Chapter, but where the site or structure is not in compliance with some - other provision of this Chapter, such as the design .standards applicable within that zone. Subd. .3 . Regulation of Type A Nonconformities. Type A nonconformities shall be regulated in accordance with the following: A. No such use shall be expanded, enlarged to use more land area, intensified, replaced, structurally changed, or relocated, except to make it a permitted use. Normal maintenance and non-structural repairs shall be excepted from this prohibition; -.B. No nonconformity shall be resumed if normal operation of the use has been discontinued for a period of 6 or more months . Time shall be calculated as beginning on the date following the last day in which the use was in normal operation and shall run continuously thereafter; 180 C. Full utilization of the nonconformity shall not be resumed if the amount ofland or floor area dedicated to the use is lessened or- if the intensity of the use is in any manner diminished for a period of 6 or more months . Time shall be calculated as beginning on the day following the last day in which the nonconformity was in full operation and shall run continuously thereafter. Following the expiration of- 6 months, the nonconformity may be used only in the manner or to the extent used during the preceding. 6 months . For the purposes of this subdivision, intensity of use shall include, but not be limited to, hours of operation, traffic, noise, exterior storage, signs, exterior. lighting, types of goods or services offered, odors .and number of employees; D. Removal or destruction.-of-_a nonconformity to the extent of more than 50 percentofits estimated market value, excluding land, as determined by the assessor, shall terminate the right to: continue the nonconformity; E. Notwithstanding the _:prohibitions contained in the foregoing paragraphs of:this subdivision, if approved by the Board of Adjustment--and Appeals a nonconformity may be changed to another..-nonconformity of less intensity. In all instances the applicant has the burden of proof regarding the relative intensities of uses; F. If a= nonconformity :i_s superseded or replaced by a permitted- use,. the nonconforming status of the premises and any :rights-.which ...arise under the provisions of this section shall terminate. Subd. 4. Regulation of Tvpe= B Nonconformities. Type B nonconformities shall be regulated in accordance with the following: A. Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may -be permitted upon a -finding by the Board of Adjustment and Appeals of the following: 1. the nurber-:and extent. of nonconformities will be reduced -in : _conjunction with the proposed construction or_ intensification; 2 . the impact _- _of .nonconformities upon adjacent property will -_be reduced in conjunction with the proposed construction__or intensification; and 181 �``` 3. _ the conditions toy be imposed by the Board of Adjustment and Appeals will effect the intent of this section. B A Type B nonconformity which is destroyed to the extent of-more than 50 percent of its market value at the time of ._ loss shall be replaced only in compliance with the standards of the applicable zone. A Type B nonconformity destroyed to the extent of less than 50 percent of market value at the time of loss may be rebuilt to previously existing dimensions. In reviewing a permit for any Type B nonconformity which has been partially destroyed, the City shall seek to make the development conform as closely to the requirements of this Chapter as is reasonably practical . Subd. 5. Nonconformity; Eminent Domain. When the taking under eminent domain of a portion of the land upon which there existed a lawful use prior to such taking results in such use becoming unlawful under this Chapter, such use is a nonconformity and may be continued only under the provisions of this Chapter. SECTIONS 11.92 - 11.98. Reserved. 182 . *5 lam. „ . ,i.,NAL. U.1 A CO.NSERVATIO\ FILER,AT1O.\ 1036 C1.e end Avenue South•S , B•Sa Y n-e o'a 55110-'387•Phone Fax t612)690-3077 January 27, 1995 Judy Cox, City Clerk City of Shakopee 129 1st Avenue E. Shakopee, MN 55379 Dear Judy: As per our conversation a few weeks ago, here is the information you requested on the percentage of expected sales to Shakopee residents in reference to our application for to exemption from lawful gambling license for August 12, 1995. The "21 Gun Salute" is an annual raffle that the Minnesota Conservation Federation and it's affiliated sports and conservation clubs promote statewide. This raffle will be held in conjunction with the MCF's Annual Assembly, August 11-13, 1995, at the Canterbury Inn, Shakopee,MN. I've calculated the percentage of sales to Shakopee residents and other areas of the state below for the past three years: 1994 1993 1992 Zipcode, City % of sales % of sales % of sales 55379-Shakopee 00.7% 00.2% 00.9% 553,554-Minneapolis Area 25.2 25.7 29.5 (excluding 55379) 550,551-St. Paul Area 15.7 21.5 20.0 559-Rochester Area 17.0 15.5 07.6 563-St. Cloud Area 02.5 03.1 04.0 556,557,559-Duluth Area 08.7 07.6 06.7 560-South Central MN 05.9 05.8 08.5 561-South West MN 01.5 01.4 00.2 562-West Central MN 03.2 03.2 01.1 564-Central MN 02.2 03.1 01.3 565-Northwest Central MN 03.6 02.4 04.9 567-Northwest MN 00.1 00.6 00.2 566-North Central MN 01.3 01.9 00.4 Out of State 12.8 07.9 15.1 Total Percentage 100.4% 99.9% 100.4% As you can see from the history of this raffle very few tickets have been sold directly to Shakopee residents, I don't expect 1995 ticket sales to vary much from this past history. °ibfishers c,1 Minnesota Out-of-Doors • :e A;i,;a e c=;17e Ju'/ore !J,Ydi to ed-=rat,on If you need additional supporting materials to verify less than 25% of tickets will be sold to Shakopee residents, I would be happy to supply it. It would be greatly appreciated if you could expedite our gambling permit application as quickly as possible, we plan to start promoting the'95 21 Gun Salute raffle in March 1995 and would like to have the permit approved by the Gambling Control Board prior to this. Thank you. If you have any questions concerning this information, please do not hesitate to call me. Sincerely, Melissa Schmidt, Director of Development Minnesota Conservation Federation L L't 1 o CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JANUARY 1995 January 1995 January 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 3 3 263,993 9 9 748, 131 Single Family-Septic - - - - - - Multiple Dwellings 1 1 525, 108 - - - (# Units) (YTD Units) (8) (8) - (-) (-) - Dwelling Additions - - - - - - Other - - - 1 1 300, 000 New Comm. Bldgs 1 1 90, 000 3 3 340, 000 Comm. Bldg. Addns. - - - 1 1 20, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages - - - - - - Signs & Fences 1 1 5,250 2 2 2,018 Fireplaces/Wood Stoves - - - - - - Grading/Foundation - - 1 1 1, 000 Moving - - - - - - Razing - - - - - - Remodeling (Res. ) 2 2 11,994 2 2 12,239 Remodeling (Comm/Ind. ) 4 4 100,200 3 3 115, 500 TOTAL 12 12 996, 545 22 22 1,538,888 No. YTD. No. YTD. Electrical 35 35 47 47 Plumbing & Heating 23 23 38 38 Total dwelling units in City after completion of all construction permitted to date 5, 205 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1995 10998 Conklin 551 Valley Park Dr. Remodel 35,000 10999 Novak Fleck 369 Alexander Court House 83,729 L 11 B 3, Meadows West 1st 11000 Len Laxen 1694 13th Avenue West House 92,264 L 6 B 3, Minnesota Valley 8th 11001 Sela Roofing 1135 East 1st Avenue Reroof 21,000 11002 Valleyfair One Valleyfair Drive- Games Bldg. 90,000 11003 Shiely Company 6896 Highway 101 Alteration 4,200 11004 Gary Turtle 222 East 1st Avenue Remodel 40,000 11005 Pat Noll 1258 Heritage Dr. East Remodel 7,000 11006 DeMars Signs 1135 East 1st Avenue Sign 5,250 11007 Patrick Leonard 1308 11th Avenue East Remodel 4,994 11008 Laurent Builders 1714 13th Avenue West House 88,000 L 1 B 3, Minnesota Valley 8th 11009 John Klingelhutz 464-478 Roundhouse Street Condominium 525,108 L 2 B 1, Prairie Bend 1st Total: 996,545 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN February 9, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of January 5, 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing: To consider an application for a Conditional Use Permit for Northstar Auto Auction to move a modular office onto the Northstar Auto Auction Site. Applicant: Northstar Auto Auction Action: Resolution No. PC - 711 6. Other Business a. b. 7. Adjourn Lindberg S.Ekola Planning Director Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (0209agen.boaa) TENTATIVE AGENDA Planning Commission Regular Session Shakopee, MN February 9, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the January 5, 1995, Meeting Minutes 4. Recognition by Planning Commission of Interested Citizens. 5. Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). 6. 7:30 P.M. Public Hearing: To consider an amendment to the Zoning Map within Chapter 11 (Zoning) of the property located southeast of the intersection of CR 79 and Mint Circle, south of Monarch Street from R-2 (medium density residential) to R-1B (urban residential). Applicant: Vierling Partnership *7. Final Plat: To consider the final plat of Homestead Ridge II, located southeast of the intersection of CR 79 and Mint Circle, south of Monarch Street. 8. VACATION - To consider the vacation of Spencer Street, North of TH 101 and South of the alley between Block 1 and Block 2 of Old Shakopee Plat. Applicant: Wallace Perry 9. 7:35 P.M. Public Hearing: Continued from January 12, 1995, meeting. To review the Shakopee Comprehensive Plan and to receive any public testimony. a. Land Use Element b. Transportation Element c. Parks, Open Space and Trails Element d. Urban Design Element e. Housing Element 10. 7:40 P.M. Public Hearing/Continued: To consider amendments to the new Zoning Ordinance text (Ordinance No. 377) which was adopted on June 7, 1994. Applicant: City of Shakopee 11. Other Business a. Initiate Phase 4 Zoning Map Amendment (verbal) b. Savage AUAR/ADR Update (verbal) c. Eagle Creek Bluff PUD Update (verbal) d. BOAA/PC Appointments (verbal) 12. Adjourn Lindberg S. Ekola Planning Director Note to Planning Members: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you ar unable to attend the meeting, please call the Planning Department prior to the meeting. (0209agen) B(,_, _ 1 8300 Norman Center Drive 555 West 27th Street Minneapolis,MN 55437-1026 Hibbing,MN 55746 Phone:(612)832-2600 Phone:(218)262-3465 Engineering Company Fax: (612)832-2601 Fax: (218)262-3460 January 18, 1995 Q s Mr. Dave Nummer JAM ,t' �� City of Shakopee ,j 129 Homes Street South (y 9 1 9el pi,� Shakopee, MN 55379 4& RE: Savage Alternative Water Source Task Force Dear Mr. Nummer: The purpose of this letter is to transmit copies of minutes from the first two Savage Alternative Water Source Task Force meetings, to update you on the upcoming meeting schedule, and to summarize the project status. If you attended the last meeting you will not receive any minutes from the first meeting in this letter since they were distributed at that time. Our next meeting is Tuesday, January 31, at 10:00 a.m. at the Savage City Hall. Originally we were scheduled to meet on Tuesday, January 24 at 10:00, however, due to a number of conflicts for several of the task force members, the meeting date has been changed. To date, the project is running relatively smoothly. We have received data from about half of the communities. However, we are still missing some data that will be needed before significant modeling can occur. Because of this we are beginning to run a little behind our anticipated schedule. There have also been some developments which may complicate the use of Shiely quarry dewatering water as a source for communities outside of Shakopee. The full extend of this complication is not yet known. The situation will be monitored so that work is not done which would be rendered meaningless by an unfavorable decision on this issue. If you have any questions please do not hesitate to contact me at 832-2774. Sincerely, Brian K LeMon Enclosure 2370068\21866_1\kmh SS\2370068\21867_1\DSD Y'.1 Barr Engineering Co. Memorandum To: File Number 23/70-068BKL From: BKL Subject: Savage Alternative Water Source Task Force Meeting on January 10, 1995 Date: January 17, 1995 Attendees: Brian LeMon, Barr Engineering; Joe Adams, SPUC; Lath Leichty, Prior Lake; Dave Nummer, Shakopee; Chuck Ahl, Burnsville; Dave Nummer, Savage; Mike Krass, Savage; Bob Bieraugel, Shiely; Mark Suel, Shiely. Items Distributed to Attendees: 1. Minutes from last week's meeting by Brian LeMon. 2. Project schedule in the form of a gant chart by Brian LeMon. 3. Agenda by Brian LeMon. 4. An address list of parties interested in the proceedings was handed out by Dave Nummer Items Discussed: • Preliminaries • Nitrate issues • Assessment of Jordan Aquifer west of geologic divide • Modeling scenarios • Miscellaneous • Preliminaries Meeting attendees were asked to review the minutes from the last meeting and comment with any changes or additions that were needed. The only comments received were that the townships and other interested parties should be notified of the meetings. Even though they don't intend to attend they would like to know when and where they will occur. P:\SS\2370068\21864_1\YMH To: File Number 23/70-068BKL From: BKL Subject: Savage Alternative Water Source Task Force Meeting on January 10, 1995 Date: January 17, 1995 Page 2 • Nitrate Issues The discussion on nitrate issues closely followed the agenda which is attached to these additional items noted were Shako minutes. The only significantee Public Utilities p Commission agreed to provide historical data on the wells which have had nitrate readings in them. In addition to this it was noted that the Eagle Creek Thrift Shop has had nitrate problems with their well. • Assessment of Jordan Aquifer West of Geologic Divide Again this discussion closely followed the agenda. It was specifically noted that the groundwater model will be used to assess the amount of water available in the Jordan Aquifer west of the divide. However, the type of analysis that will be done will not be a maximum withdrawal available in that aquifer, rather, it will be an accurate representation of anticipated future conditions with the resulting deliverable being a map of the groundwater elevations created by the proposed withdrawals. In effect, ultimate capacity would occur when the elevations of the groundwater drop below the thickness of that aquifer unit. It was again emphasize that Shakopee should note its ultimate future needs and those will be taken into account in the model, and in this study. • Modeling Scenarios It was noted that should any of the City's initial planned modeling scenarios show no impact to the fen or Eagle Creek, that City should continue with the modeling since it will be more cost effective to run additional scenarios now than in the future should another situation arise that would require such groundwater modeling. City's were encouraged to consider the use of Shiely or Kramer mogam4ewatering water, even if their existing plan is successful, as it is a high priority with the Department of Natural Resources and would show a significant level of intercommunity cooperation which is being strongly encouraged by the Met Council. P:\SS\2370068\21864_1\YMH f To: File Number 23/70-068BKL From: BKL Subject: Savage Alternative Water Source Task Force Meeting on January 10, 1995 Date: January 17, 1995 Page 3 • Miscellaneous It was stated that one of the goals of this study is to note who wants water and where it will come from. Most specifically this will relate to whether or not any of the communities intend to use the dewatering water from either of the quarries. It was also noted that some of the communities will not need a significant amount of water from the quarry for the next three to four years even if they decided to use it today. This is due to the design and construction time of a water treatment facility, wells, and connecting pipelines. It was noted that Shakopee Public Utilities Commission agreement is still needed before the contract paperwork for this project can be finalized. Finally, data ownership was discussed. All of the participating communities and industries will receive a copy of the data for the portion of the model relevant to their work or community. However, it was noted that this data should be carefully used if it is intended for modeling in the future. Use of the data should be coordinated with Barr to avoid different modelers arriving at different solutions while using the same set of data. • P:\SS\2370068\21864_1\YMH f AGENDA Savage Alternative Water Source Task Force Meeting Date:January 10th, 1995 I. Preliminaries A. Attendance list signing B. Hand out and review last meetings minutes II. Nitrate Issues A. Safe Drinking Water Act on nitrates 1. Minimum Contaminant Level is 10 mg/1 2. Health affects: methemoglobinemia, "blue-baby syndrome" B. Possible sources 1. Fertilizers, feedlots, sewage(ie. ammonia to nitrite to nitrate in the presence of oxidizers) • 2. Naturally occurring in soil and mineral deposits(not likely here) 3. Minnesota River due to impacts from agricultural runoff C. Preliminary data 1. Shakopee wells have recorded levels of 6 - 11 ppm 2. Minnesota river at Jordan station data from water year Oct. '91 - Sept. '92 showed the following dissolved nitrate and nitrite readings(mg/1): Nov. 16.0, Feb. 7.3, May 7.5, Aug. 5.5 D. Possible treatment methods 1. Reverse Osmosis(costly brine handling issues) 2. Electrodialysis(very costly process) • 3. Anion exchange, best fit from a preliminary review III. Assessment of Jordan aquifer west of the geologic divide A. Groundwater model will be used B. Analysis will reveal groundwater elevations at the different pumping scenarios C. Groundwater elevations at Shakopee's existing and future wells will be noted W. Modeling scenarios A. If current plan works, set up backup plans in case of contamination or other problems B. Consider use of Shiely or Kraemer even if current plan is acceptable. V. Questions and Concerns * 17 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR JANUARY, 1995 Respectfully Submitted 40i 414#044 David M. Nummer Staff Engineer PROJECT START COMPLETE STATUS COMMENTS Category I-Projects Under Construction 1. Upper Valley Drainage 9/93 7/29/94 99% See Narrative Section 2. Pierce Street 6/94 7/94 50% See Narrative Section 3. 1994 Sidewalk Program 7/94 9/94 90% See Narrative Section 4. Vierling Drive,Adams St. 7/94 9/94 80% Asphalt Base and Curb Complete to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 30% Category II-Projects in Design 1. Downtown Alleys Redesign 6/93 1/95 75% See Narrative Section 2. Fuller Street 7/94 9/94 0% See Narrative Section 3. Sarazin(Viking Steel Rd.) 7/94 9/94 95% Staff Reviewing Final Plans 4. County Road 16 Utilities 7/94 11/94 30% OSM Doing Design 5. Alley in Block 51 8/94 9/94 0% 6. St. Francis Sewer Extension 10/94 3/95 0% In-House Design 7. P&V Reconstruction 1/95 5/95 0% In-House Design Category III-Projects Under Study 1. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 2. Maras Street 6/94 10/94 15% See Narrative Section 3. Vierling Drive C.R. Road 79 to C.R. 77 10/94 5/95 80% 4. River District Trunk Sewer 1/95 4/95 0% Category IV-Plats Under Review 1. James Development Pre-Application 2. Orrin Thompson Pre-Application 3. Hauer's Hillside Town Homes Pre-Application 4. Hauer's 5th Addition Preliminary Plat 5. St. Francis Regional Medical Center Preliminary Plat 6. Orleans Addition Final Plat 7. Homestead Ridge 2nd Addition Final Plat 8. St. Francis Regional Medical Center Ficial Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 99% Restoration Remaining o 2. Wear Dominion Hills 6/93 9/94 85/o ea Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 11/94 50% Utilities Complete,Gravel Base 5. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed 6. Minnesota Valley 8th 9/94 5/95 80% Asphalt Base and Curb Completed 7. Meadows West 9/94 25% Working on Utilities 8. Prairie Bend 9/94 5% Site Grading In Progress Category VI - Special Projects 1. Pavement Management System 6/94 9/94 100% On Hold Until Public Works Director RFP's Is Hired Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road (vacated) will be performed by this contractor next spring. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. 3. 1994 Sidewalk Program The work on this project is mostly complete except for some minor punch list items. Category No. 2 - Projects in Design 2. Fuller Street Staff is preparing a Memorandum of Understanding for this project which specifices City and County participation for Fuller Street and County Road 77. When the Memorandum is complete, staff will bring it to Council for approval. Category 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 3 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Category 5 - Special Projects 1. Pavement Management System Staff has received four proposals for this project. The consultant selection process has been placed on hold until a Public Works Director is hired. 4 MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer Ot!'i SUBJECT: County Road 15 Pedestrian Crossing DATE: January 31, 1995 On December 6, 1994 the City Council directed staff to obtain quotes to install a flashing warning light system on County Road 15 at 11th Avenue. Staff was authorized to spend up to $5,500.00 on this project. The low quote was received from Killmer Electric at $6,242.00. In an effort to reduce the City cost below the $5,500.00 limits, staff contacted the Shakopee School District to inquire if they would share in the cost of the flasher system. At their January 24, 1995 meeting, the School Board authorized funding for 50% of the project costs ($3,121.00). With the cost sharing from the School District, the City cost is less than $5,500.00 and staff has contacted Killmer electric to coordinate installation of the system. Staff is also working with the Scott County Highway Department to obtain a permit to work in the County Road 15 right-of- way. DMN/pmp CR15 01/12/95 11 13 a 612 424 1258 01 industrial 1LLME9702.85th Avenue North Commercial Maple Grove,Minnesota 55369 Underground fLECTRIC Ca,ln) Telephone:425-2525 Overhead Fax:424-1258 Computer Room Wiring January 12, 1995 City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 Attn: Dave Nummer Quote to install Pedestrian Crossing Flashers per specification and letter dated 12-20-94. Quote is based on using existing 2" conduit crossing Adams Street. $6,242.00 Quoted by, Gordon Johnson ,p Succ I ‘:134 % An Equal Opportunity Employer 2/ MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer PA SUBJECT: T.H. 101 Bypass Right-of-Way Costs DATE: January 31, 1995 NON-AGENDA INFORMATIONAL ITEM I have received a preliminary cost estimate for the right-of-way costs for the T.H. 101 Bypass Project. The City's portion of the right-of-way costs is estimated at $550,000.00 (±41 acres @ $13,000.00 per acre). The City cost for right-of-way is for that property which was acquired for the City's linear ponds adjacent to the bypass. This property will be turned over to the City at the completion of the project. The concept of the City paying for the right-of-way costs for the ponds was included in the original cost sharing agreement between the City and Mn/DOT in 1991. That agreement states that the City will pay for the right-of-way, but no dollar amounts were included. I have been informed by Mn/DOT that right-of-way costs are typically not collected until the project is complete and the property is turned over to the City. This being the case, payment should not be due until fall 1997 or later. I will follow up with Mn/DOT to determine an exact right-of-way cost and to confirm their policy on when payment is due. DMN/pmp ROW TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session February 7, 1995 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the January 17, 1995 meeting minutes . 3 . Gary Turtle - Rehab Grant Request 4 . Other Business a) b) 5 . Recess for an Executive Session to discuss matters permitted under attorney-client privilege to follow the City Council meeting. 6 . Reconvene HRA 7 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR ADJ. SESSION SHAKOPEE, MINNESOTA JANUARY 17, 1995 Chrmn. Beard called the meeting to order at 7 : 04 p.m. with Comm. Brekke, Sweeney, Lynch, and Mayor Laurent present . Also present : Dennis R. Kraft, Executive Director; Lindberg Ekola, Planning Director; Mark Erickson, Assistant City Attorney; Dave Nummer, City Engineer, Judith S. Cox, City Clerk and Paul Bilotta, Senior Planner. Lynch/Sweeney moved to approve the minutes of December 20, 1994 & January 3, 1995. Motion carried with Chrmn. Beard abstaining from approving the minutes of January 3, 1995 . There being no other business to come before the H.R.A. Chrmn. Beard adjourned the meeting to the next regular meeting oxiFebruary 7th. The meeting adjourned at 7 : 06 p.m. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary #3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Request - Gary Turtle - 222 East 1st Avenue DATE: January 24, 1995 INTRODUCTION: A rehab grant request has been submitted by Gary Turtle for the property located at 222 East 1st Avenue. The property is more commonly referred to as the former bowling alley site . BACKGROUND; Consistent with the Rehab Grant Program Guidelines, Gary Turtle has completed a Rehab Grant Program Application. (See Attachments) Mr. Turtle intends to construct a new facade on the former bowling alley property. Additionally, he intends to make significant improvements to the rear portion of the building. The total project cost for the improvements as submitted by Mr. Turtle equates to $42, 395 . 00 . Given the magnitude of this project, it is eligible for a 33% grant . Keep in mind that grant payments are distributed to the applicants upon project completion and submittal of actual invoices paid. If actual costs fall below the 33% grant match level the applicant would receive the 25% grant payment . On January 18, 1995 the CDC reviewed the Rehab Grant Application. They are recommending HRA approval of the project . It should also be noted that Mr. Turtle is also making considerable interior improvements to the building. Interior improvements are not covered expenses under the program guidelines . ALTERNATIVES : 1 . Approve the Rehab Grant Application submitted by Gary Turtle in the amount of $14, 131 . 66 . 2 . Do not approve the Rehab Grant Program Application as submitted by Gary Turtle . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REOUESTED: Move to approve the Rehab Grant Application submitted by Gary Turtle in the amount of $14, 131 . 66 . BAS/tiv - h:\tami\admin\cdcmemos CITY OF SHAKOPEE, MINNESOTA DATE 1/9/95— REHAB GRANT APPLICATION GENERAL INFORMATION 1 . Applicant _ iQ ec / / d- (Name) (Address) (Phone #) /56f7 ecD.-b /2/44e "p. 2 . Property Owner, Qfir, AT/Di/r // Jii./VLt/ oAew P/1Airz/ rr��v 55,ft:..._.fAce (Name (Address) (Phone #) 3 . Site 4,1,2 /ST 4-a€. ,5N-4-/eop ___...�.... (Business Name) (Address) PROJECT DESCRIPTION 1 . The rehabilitation will include (Check as many as apply) : Painting of building Work on the facade, such as mortar repair, restoration or replacement of architectural features, etc. \ _ ), Windows - when tied to opening previously covered windows. Signage when incorporated into an awning or canopy. K Awnings installation or renovation Awnings will be: Retractable X Stationary Parapet Type Lighting Other, Please describe:._._, 2 . Please indicate the contractor(s) who will be doing the work: fl/Kcle deN5T72ae-n AJ _...._.__ Please attach: Copy of specifications, plans and architectural drawings for the work, including cost quotes for materials, labor, architectural fees, building permits, etc. IINANCIAT INFORMATION 1. Estimated project cost: $ y� 39S,00 2. Grant amount applying for: $ /Y, (3/, 66 (25%/33% of total project cost) 3 . Row will the balance of the project cost be paid? —)4.. Loan My own money I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guidelines. Signature // - // Date Please have the following statements completed as appropriate. BUILDING OFFICIAL REVIEW I, have inspected the property mentioned in this applicationganddinhaveOfficfoundait to be structurally sound. I have reviewed this application and believe that the building's structural stability warrant the investment proposed in this application, Signature Date BUILDING OWNER CONSENT (If owner is not applicant) I, this application, have reviewed the proposed project withOwner of the ropthe ertApplicantdanin d consent to have the work done as proposed. 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I . 7; T I iI I .. - ' 1 I -,7- : � I i ---- j- - 35 . _ H -- --------- - II I I 11 1 1 —+ 1 ' 1 -I�--j - ; 11 I , --- 1 __ j, 1 I I 1 -- I -1 \f 1 i ____ ill P M of -0 iii a i e Z 0 HIZ 1 tra II -4. O 0 o LI 1 G C) r m to - /\i I ITI i'i'i'i'i'i'i'i'i'i'i'i'i1 UI 111111It1111l 1111111111111 1 t 1 1 1 1 .l 1 1 1 1 1 . m fill lli 111111 111C111111111 1,1,1,1►1,1,1,1,1,1,1,1,1, < Jd o —I - _-- o z P cin !cJY Ili co 11 N J / 11 1111111111 �y 2 1'1'Y'.'1'1'.'1'1'.'.'.'1 t 1 .. 1 1 111 1 1._..I. ! r0z to r • cl E f _4 a c c k — C Eq 4 C L E E . k5 iiii 1 _ . „ .. .. .......,. .,I 111 .+1�ht.li.l..1 a�� OFFICIAL PROCEEDING OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 17, 1995 Mayor Laurent call the meeting to order at 7:04 p.m. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Mark Erickson, Assistant City Attorney; Dennis R. Kraft, City Administrator; Dave Nummer, Staff Engineer; Lindberg Ekola, City Planner; Barry Stock, Assistant City Administrator (arrived late) ; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Paul Bilotta, Senior Planner. Items added to the agenda: 17a) Hiring of Publics Works Director/City Engineer. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed for an H.R.A. Meeting. Mayor Laurent re-convened the meeting at 7: 06 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone in the audience would like to address the City Council on any item not on the agenda. Leroy Menke, 1185 Shumway, Shakopee, Mn, approached the podium. Mr. Menke spoke about two items he was required to do for his townhouse project (Milwaukee Manor) as opposed to a recent project that was not required to do so: separate utility hookups for each unit and dedication of street. He added that he felt his hands had been tied with every move he has tried to make and that he would be putting the property up for sale. Items added to Consent Business: 9) Approval of the minutes of December 20, 1994 and January 3 , 1995, and 17a) Hiring of Public Works Director/City Engineer. Items removed from Consent Business: 13f) Approve bills in the amount of $3 , 220, 641.43 . 13h) Sanitary Sewer Comprehensive Plan. Beard/Sweeney moved to approve the Consent Business as modified. Motion carried unanimously with Mayor Laurent abstaining on 14b) Accepting Public Improvements for Maple Trail Estates 1st Addition, and Cncl.Beard abstaining on 9) Approving the Minutes of January 3, 1995. Beard/Sweeney moved to approve the Minutes of December 20, 1994 and January 3, 1995. (Motion carried under consent business with Cncl.Beard abstaining from approving the Minutes of January 3 , 1995. ) . Official Proceedings of the January 17, 1995 Shakopee City Council Page -2- Beard/Sweeney offered Resolution No. 4153, A Resolution of the City of Shakopee Amending the 1980 Comprehensive Plan to allow Private Industrial Wastewater Treatment Facilities in the City, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney moved to authorize the appropriate City officials to execute a contract with Marquette Bank covering the provision of automated clearing house transactions. (Motion carried under consent business. ) Dave Nummer spoke briefly on the Trunk Sanitary Sewer Charge Policy changes that were placed on the Council table. He explained that the trunk rates are determined by the total gross acreage and then reduced by 15% to account for non-developable land, public right- of-way, and other areas which do not utilize sewer service. He explained that the flat rate of 15% reduction is intended to provide equity between plats and discourage dedicating excessive amounts of right-of-way. Cncl.Sweeney stated that he would like to have time to review the changes placed on the table. Discussion followed. Sweeney/Beard moved to table the Trunk Sanitary Sewer Charge Policy until January 24, 1995. Motion carried unanimously. Mr. Stock arrived and took his seat. Dave Nummer stated that on January 10, 1995, three bids were received for a street sweeper, adding that only one of the bids was in compliance with the bid specifications. He recommended accepting the bid from MacQueen Equipment, Inc. , at a cost of $86, 262 . 87. Discussion followed. Representatives from ABM Equipment and Supply, Inc. and MacQueen Equipment, Inc. addressed the City Council. Mr. Eugene Jeurissen, mechanic from the Public Works Department explained why he would recommend purchasing the Elgin from MacQueen Equipment, Inc. Lynch/Sweeney moved to table accepting a bid for a street sweeper in order to allow time to determine whether a hydraulic sweeper can perform at the same speed as a mechanical sweeper, and to determine reliability in terms of operating hours. Motion carried unanimously. Discussion ensued on the purchase of a new single axle dump truck and related equipment. Brekke/Beard moved to authorize the purchase of a 33, 000 lb GVW single axle chassis cab from Lakeland Ford in the amount of $42, 372 pursuant to the Hennepin County contract. Motion carried unanimously. Official Proceedings of the January 17, 1995 Shakopee City Council Page -3- Barry Stock explained the 1995 Non-Union Pay Plan, which proposes a sliding scale lump sum salary adjustment for some positions which exceed the top step of the pay plan, which includes a 3% cost of living increase. Beard/Sweeney offered Resolution No. 4158, A Resolution Amending Resolution No. 4149 Adopting The 1995 Pay Plan for Officers and Non-Union Employees of the City of Shakopee, (which incorporates a 3% cost of living adjustment) , and moved its adoption. Mark McQuillan, Recreation Supervisor, approached the podium. He stated his concern about how wages are derived and applied to employees. Discussion followed. Cncl.Sweeney explained the importance of maintaining the integrity of the pay plan. Motion carried unanimously. Sweeney/Lynch moved to increase the employment status of the Recreation Assistant from part time to full time effective February 6, 1995. Motion carried unanimously. Lynch/Brekke moved to approve an additional 1-step salary increase for David Nummer. Motion carried unanimously. Gregg Voxland, Finance Director, approached the podium and spoke about the impact on storm drainage rates and/or taxes to pay for drainage improvements for the southerly bypass. If storm drainage rates were increased to generate another $170, 000/year it would increase residential billing by $8.40 per year. The impact of a tax levy to generate $170, 000/year would be about $18. 00 per year on a house with an estimated market value of $89, 000. Discussion followed. Beard/Lynch moved to direct staff to proceed with the process of issuing G.O. Revenue Bonds to pay for the bypass storm drainage project and that they be retired by an appropriate increase in the storm drainage rates. Motion carried with Cncl.Brekke opposed. Based on an "Expense by Department Report" of 12/31/94, Cncl.Sweeney pointed out that only one group exceeded their budget and that was only by 1%. He commended the Council and managers for staying within their budgets for 1994. Sweeney/Lynch moved to approve bills in the amount of $3 , 120, 641.43 (of which $2, 585, 077. 50 is for debt service payments) . Motion carried unanimously. Official Proceedings of the January 17, 1995 Shakopee City Council Page -4- Dave Nummer discussed the Comprehensive Sanitary Sewer Plan. He explained that priorities such as low, medium and high have been established for policy objectives as opposed to identifying specific years. He invited questions from Councilmembers and stated that he then would like to put the Plan on the Committee of the Whole agenda for January 24th when Council is meeting with members of the Jackson and Louisville Township Boards. Cncl.Sweeney noted that some estimates have recently been reduced and urged that current estimates be included in the Action Plan for SS-2,4 (construct Chaska interceptor to CR-79) , SS-2 (construct Chaska interceptor from CR-79 to CR-15) , and SS-c (rehabilitate the River District trunk sewer) . Cncl.Sweeney also noted that he wouldn't pay City funds to pump for Rahr Malting (SS-1) . Discussion ensued as to whether or not employees may donate sick leave to other City employees. Sweeney/Brekke moved to allow city employees to donate sick leave to other employees who occupy the same pay grade or a lower one. Motion failed with Cncl. Brekke, Sweeney, and Mayor Laurent opposed. Beard/Sweeney offered Resolution 4154, A Resolution Accepting Work on the Alley Located Between Market Street and Outlot A of the Eastview Addition (Blocks 309. 314, and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 4155, A Resolution Accepting the Public Improvements for Maple Trail Estates 1st Addition, and moved its adoption. (Motion carried under consent business with Mayor Laurent abstaining. ) Beard/Sweeney offered Resolution No. 4157, A Resolution Calling a Hearing on Installation of Water Services on County Road 16 Between County Road 17 and County Road 83 , Project No. 95-3 , and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney moved to authorize the hiring of Mr. Bruce A. Loney as Public Works Director/City Engineer: 1) at step 1 of the 1995 Pay Plan, 2) authorize a pay and performance review after six months employment with the provision that he be moved to step 2 of the Pay Plan, provided that he satisfactorily complete six months of employment, 3) authorize 40 hours vacation credit at the time of employment, and 4) authorize a $200.00 per month automobile allowance, in lieu of the City providing an automobile. . (Motion carried under consent business. ) Official Proceedings of the January 17, 1995 Shakopee City Council Page -5- Mayor Laurent recessed for an executive session to discuss matters permitted under the attorney-client privilege at 9: 39 p.m. Mayor Laurent re-convened the meeting at 10: 11 p.m. and stated that no action was taken during the executive session. Mayor Laurent adjourned the meeting to Tuesday, January 24, 1995 at 5:30 p.m. The meeting adjourned at 10: 12 p.m. 4,14. /, C J • 'th S. Co Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 24, 1995 Mayor Laurent called the meeting to order at 7:38 p.m. , after the Committee of the Whole meeting. Present were Councilmembers Brekke, Beard, Sweeney, and Lynch. Staff present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; and Dave Nummer, Staff Engineer. Beard/Lynch moved to remove the Trunk Sanitary Sewer Policy from the table. Motion carried unanimously. Sweeney/Brekke offered Ordinance No. 398, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, by Adopting One New Section, Sec. 3 . 13, Relating to Trunk Sanitary Sewer Charges, and moved its adoption. Motion carried unanimously. Sweeney/Beard offered Resolution No. 4157, A Resolution Adopting A Trunk Sanitary Sewer Charge Policy, and moved its adoption. Motion carried unanimously. Mr. Nummer stated that City Council discussed the Comprehensive Sanitary Sewer Plan at the last meeting and asked that estimated costs for certain items be updated. He stated that those costs have not yet been updated because he was holding off to see if there would be any additional changes after presenting the Plan to the townships this evening. He asked if Council would consider adopting the Comprehensive Sanitary Sewer Plan tonight. Sweeney/Lynch moved to adopt the Comprehensive Sanitary Sewer System Action Plan with the changes discussed on January 17, 1995, including not funding private sewers and lift station to pump Rahr's flow from Malt houses 1, 2, 3, and 5 through Rahr forcemain. Motion carried unanimously. Mayor Laurent adjourned the meeting at 7:48 p.m. �J.. dith S. Co C'ty Clerk recording Secretary to STAFFORD ALUMNI ASSOCIATION A NON-PROFIT ORGANIZATION 1691 Shakopee Avenue East Shakopee, MN 55379 (612)445-4958 January 25, 1995 Barry, I am writing you to ask permission to set up our annual"Recovery Rally '95" at Memorial Park, on August 5th-outside of normal park hours, as we did last year. Our event was very successful last year, thanks to both, the wonderful location, and the support of your staff. We would like to begin to set-up around 10 PM on August 4th, for our event on August 5th. We will be setting up tents, assembling game booths, stringing sound system, and so on as we did last year. Thank you for your help! Steve Morgan President-Stafford Alumni ACTION REQUESTED: SM/lb Move to approve Stafford Alumni Assoc. request to access Memorial Park after normal hours . (612) 9'11-%33 1/27/95 15:06 VIKING FOREST PRODU p 2 /0k) l �l ! m ■ Viking Forest Products, Inc. PHONE # (800) 733-3801 PAGE 1 OF FAX # (612) 941-4633 USA # (612) 941-6512 TO: BARRY STOCK 1/27/95 FAX # 445-6718 ATTN:ASST CITY ADMIN. FROM:MIKE JENSEN Michael H. Jensen 1054 Legion Street Shakopee, Mn. 55379 Ph: (612) 445-1695 Shakopee CityCouncil - City Hall via Fax: 445-6718 129 Holmes St. So. Shakopee, MN 553798 Dear Mayor & Council Members, It' s unbelieveable after all the ice arena studies, all the petitions, two distinct "no" votes by the public, you have the impudence to not listen to the majority of the citizens. Despite the sugar coating of gym' s and ballfields to help justify it, Jon Brekke was the only one with enough respect for the citizenry to vote as he was charged by the public. He also realized that when you spend $25/M for an experts advice and he tells you it is not economically feasible, a bad idea and an added burden on the communities expenses you quit wasting time and move on. You all are the ones dragging it on, "Joan Lynch" . I'm ashamed of the bureaucratic indifference to the voters of Shakopee and the overwhelmingly obvious gladhanding influence this special interest group appears to be exerting on all of you. And we wonder why voters have such cynicism for public officials when you totally disregard and disdain us arrogantly proclaiming you think you know whats best for us. Ice, if so essential, should be a private enter- prise and those few that want it badly should invest and pay for it. If I were on council I would explore the potential for a joint venture with our new citizenry at Canterbury Park. A beautiful, underutilized paid for, tax generating, easily adapted, and "we just had to have it" facility, screeming out to employee some people and answer all of our community center and arena needs with little o no tax dollars. 44 ACTION REQUESTED: Move to receive and file t e4(47/". correspon enf'rom'\irking Forest Products dated January 27, 1995. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 1995 Currency Exchange License DATE: January 24, 1995 INTRODUCTION & BACKGROUND: The City has received an application for renewal of a currency exchange license from American Pawnbrokers, Inc. You may remember that the City has previously approved licenses for this applicant . The license is ultimately issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicant has provided the State with the required $10, 000 . 00 Currency Exchange Surety Bond. The Chief of Police has advised me that he is unaware of any reason for the City of Shakopee to object to the granting of a currency exchange license to this applicant . RECOMMENDED ACTION: Offer Resolution No. 4160 , A Resolution Approving the Application of American Pawnbrokers, Inc . for a Currency Exchange License at 450 West First Avenue, and move its adoption. RESOLUTION NO. 4160 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE APPLICATION OF AMERICAN PAWNBROKERS, INC. FOR A CURRENCY EXCHANGE LICENSE AT 450 WEST FIRST AVENUE WHEREAS, in 1992 Minnesota Statute Section 53A. 04 was amended to require a City to approve or disapprove of a proposed currency exchange license; and WHEREAS, American Pawnbrokers, Inc. applied for a currency exchange license for a location at 450 West First Avenue; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the City approves the granting of a currency exchange license to American Pawnbrokers, Inc. at its location at 450 West First Avenue. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 7th day of February, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 4 1 ( MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: County Road 16 Water Services, Project No. 1995-3 DATE: February 3, 1995 INTRODUCTION: Attached is Resolution No. 4168, a resolution ordering an improvement and the preparation of plans and specifications for water service installation on County Road 16, from County Road 17 to County Road 83. BACKGROUND: On January 17, 1995,the City Council of Shakopee adopted Resolution No. 4157 setting a public hearing to consider water service connections on County Road 16. The hearing was set for February 7, 1995. Due to requests from property owners along County Road 16, Shakopee Public Utilities Commission (SPUC) will be extending water service lines to both existing homes and vacant parcels which are expected to develop in the next few years. The decision to provide vacant parcels with water service was prompted by Scott County's policy of not allowing street cut permits for five years after a roadway is constructed. If the water services were not provided under the County road construction this summer, water would not be available to those parcels for the next five years. This public hearing is required for the water service construction costs to be assessed per Shakopee Public Utilities Commission's Standard Policy. Staff and a representative from SPUC will be available at the February 7th Council meeting to respond to questions. ALTERNATIVES: 1. Adopt Resolution No. 4168. 2. Deny Resolution No. 4168. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4168, A Resolution Ordering an Improvement an the Preparation of Plans and Specifications for Water Service Installation on County Road 16, from County Road 17 to County Road 83, Project No. 1995-3 and move its adoption. DMN/pmp MEM4168 RESOLUTION NO. 4168 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Water Service Installation on County Road 16, From County Road 17 To County Road 83 Project No. 1995-3 WHEREAS,Resolution No. 4157, adopted on January 17, 1995, fixed a date for Council hearing on the proposed improvement of County Road 16, from County Road 17 to County Road 83 by water service installation; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 7th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Water service line construction on County Road 16, from County Road 17 to County Road 83. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck Thurmer, Assistant City Planner-JP DATE PREPARED: January 19. 1995 MEETING DATE: February 7, 1995 RE: Amendment to Shakopee Area Transit Policy for Late Submittals of VanPool Driver Reporting Sheets INTRODUCTION: At the request of the Community Development Commission, City Staff developed an Amendment to the existing Shakopee Area Transit Policy for Late Submittals of VanPool Driver Reporting Sheets ( Policy No. 24). At their meeting on November 16, 1994, the Community Development Commission recommended approval to the amendment to Policy No. 24 to the City Council. BACKGROUND: The existing Policy for Late Submittals of VanPool Driver Reporting Sheets was developed and approved by the Energy and Transportation Committee in March of 1993. Despite warnings from City Staff, a number of VanPool Drivers continued to submit their monthly Driver Reporting Sheets long after the end of each month. Due to these late submittals, the monthly transit reports to the Regional Transit Board were often submitted long after their due dates, resulting in late reimbursements of transit funds. DISCUSSION: At the October 19, 1994, meeting of the Community Development Commission, the Commissioners discussed the continued difficulties staff has encountered with late submittals. In response to this, the Commission requested that staff prepare a draft Amendment to Policy No. 24 which added one additional step to be completed by City staff prior to disbanding the Van. Attached to this memo is the draft amendment to the existing policy which was recommended by the CDC. This amendment adds Step B to Items 5 and 6 of the existing policy. The added language is provided below in bold italics: 5. If a monthly VanPool Driver Reporting Sheet is submitted late three times within a one year time frame and without valid reasons, the following will occur: A. The VanPool Driver must pay one hundred percent (100%) of the regular Monthly Subscriber Fare for that month to the City; B. City staff shall notify the riders of the VanPool that, due to late submittals of the VanPool Driver Reporting Sheets, their VanPool Driver is in jeopardy of being terminated. 6. If a monthly VanPool Driver Reporting Sheet is submitted late four times within a one year time frame and without valid reasons, the following shall occur: A. The VanPool Driver must discontinue driving the VanPool; B. City staff shall notify the riders of the VanPool that, due to late submittals of the VanPool Driver Reporting Sheets, their VanPool will be terminated unless another driver can be found, or a rider volunteers to become the new driver. ALTERNATIVES: 1 . Adopt the proposed Amendment to Shakopee Area Transit Policy No. 24. 2. Do not adopt the Amendment to Shakopee Area Transit Policy No. 24. 3. Discuss the proposed Amendment to Shakopee Area Transit Policy No. 24, and request that Staff make changes before bringing the proposed policy back to the City Council for its adoption. RECOMMENDATION: The Community Development Commission recommends Alternative No. 1 . ACTION REQUESTED: Offer a motion to approve Amendment No. 1 to Shakopee Area Transit Policy No. 24, and move its adoption. (City Coandtlpolicyarn.024) Original Policy No.25:1/20/93 Amendment No.1: CDC 11/16/94 CC 02/07/95 CITY OF SHAKOPEE 129 South Holmes Shakopee, MN 55379 AMENDMENT NO. 1 SHAKOPEE AREA TRANSIT POLICY NO. 24 LATE SUBMITTALS OF DRIVER REPORTING SHEETS FOR VANPOOL SERVICES 1. All monthly VanPool Driver Reporting Sheets must be submitted to the City of Shakopee by the 15th day of the following month. 2. If VanPool Drivers are having difficulties submitting the monthly VanPool Driver Reporting Sheets to the City by their due date, they should negotiate with one of their VanPool Back-up Drivers or riders to complete their monthly reports for them. However, the designated VanPool Driver shall remain accountable for the submittal of their Monthly Reports to the City of Shakopee by their monthly due dates. 3. If a monthly VanPool Driver Reporting Sheet is submitted late within a one year time frame and without a valid reason, the VanPool Driver must pay twenty-five percent (25%) of the regular Monthly Subscriber Fare for that month to the City. 4. If a monthly VanPool Driver Reporting Sheet is submitted late twice within a one year time frame and without valid reasons, the VanPool Driver must pay fifty percent (50%) of the regular Monthly Subscriber Fare for that month to the City. 5. If a monthly VanPool Driver Reporting Sheet is submitted late three times within a one year time frame and without valid reasons, the following will occur: A. The VanPool Driver must pay one hundred percent (100%) of the regular Monthly Subscriber Fare for that month to the City; B. City staff shall notify the riders of the VanPool that, due to late submittals of the VanPool Driver Reporting Sheets, their VanPool Driver is in jeopardy of being terminated. 6. If a monthly VanPool Driver Reporting Sheet is submitted late four times within a one year time frame and without valid reasons, the following shall occur: A. The VanPool Driver must discontinue driving the VanPool; B. City staff shall notify the riders of the VanPool that, due to late submittals of the VanPool Driver Reporting Sheets, their VanPool will be terminated unless another driver can be found, or a rider volunteers to become the new driver. energy l policyam.024) (City Councillpolicyam.024) Original Policy No.25: 1/20/93 Amendment No. I: CDC 11/16/94 CC 02/07/95 ONSLN MEMO TO: Dennis Kraft, City Administrator FROM: Barry Stock, Assistant City Administrator RE: ECFE Dial-A-Ride Demonstration Project DATE: January 24 , 1995 INTRODUCTION: On Tuesday, January 10, 1995 a meeting was held with Mr. Bob Greeley, Shakopee Community Education Director, and Sandy Coder, Program Director for Early Childhood Family Education (ECFE) . Shakopee Community Education and the ECFE Program are requesting the City to consider establishing a transportation demonstration program to facilitate transportation access to and from Community education and ECFE Programs for persons living outside the City Limits of Shakopee. . BACKGROUND: Shakopee Community Education and the ECFE Program provide programming opportunities to persons residing within the entire Shakopee school district. In the past, Community Education and ECFE Programs have occasionally experienced difficulty in transporting families who live outside the City Limits to their programs . On occasion, several hardship cases have been identified where transportation to and from programs has been nearly impossible. The City of Shakopee has a long standing policy that Dial-A- Ride service shall not be provided outside of the City limits . To transport persons who reside outside of the City limits would be a deviation from this long standing policy. Shakopee Community Education and ECFE would like the City to consider establishing a demonstration program to transport individuals to and from Community Education and ECFE programs who may reside outside of the City limits . A set of strict perimeters would be established to insure that the program would not become burdensome and/or counter productive to the objectives of our transit program. Based upon a recommendation from staff the Community Development Commission (CDC) is proposing that a 6 month demonstration program be established to transport hardship cases to and from Shakopee Community Education and Early Childhood Education classes given the following program parameters : 1 . Upon termination of the 6 month demonstration project, the program will be evaluated to determine if it should be continued, modified or terminated. 2 . Persons eligible to participate in the demonstration project must live within one mile of the Shakopee City Limit boundaries and reside within the Shakopee School District . 3 . The program should only be available to hardship cases as determined by the early childhood family education program director or community education director. 4 . All calls for transportation service must be arranged with a 24 hour advance notice. 5 . In order to be eligible to participate in the demonstration project the participants must be enrolled in a community education or early childhood family education course. 6 . The fare schedule shall be as follows : Adults $2 . 00, Students $1 . 50, Seniors and Children Under 6 - $1 . 00 . While the users of the proposed service are not technically Shakopee residents, the CDC believes that the provision of service to these individuals will ultimately be of value to the entire community at large. Since the program parameters are relatively tight, the CDC does not believe that the implementation of the proposed service will have any adverse impact on the Dial-A-Ride Program. Upon completion of the six month evaluation program if we find that the program is not effective we can choose to amend the program parameters or discontinue the program all together. I should also note that the fare schedule proposed for this service is approximately 50% higher than fares normally charged to the Shakopee residents . ALTERNATIVES: 1 . Move to support the establishment of a six month Dial-A-Ride demonstration project to provide transportation to Community Education program participants who have been identified as hardship cases . 2 . Do not implement the proposed six month demonstration program. 3 . Amend the program parameters and proceed accordingly with the six month demonstration project . 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to support the establishment of a six month Dial-A-Ride demonstration project to provide transportation to Community Education program participants who have been identified as hardship cases . BAS/tiv - s :tami\demopro AA- ON REVISED RESOLUTION February 7, 1995 RESOLUTION NO. 4162 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for the Minnesota Valley Health Campus Planned Unit Development on December 8, 1994 and January 5, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter(SE 1/4) of the Northeast Quarter (NE 1/4); The North 21.15 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions: 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. A separate agreement shall be entered into in which the Developer shall agree to pay its share of the cost of the water lines to be constructed in CR 17 and the east street (Sarazin Street). 2) Local streets shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. The developer agrees to reimburse the City for the construction costs in accordance with the Special Assessment Policy. 3) Installation of storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer agrees to construct all stormwater improvements on their property in accordance with the approved Stormwater Management Plan for the plat. The City agrees to reimburse the developer for stormwater improvements in the south street (St. Frances Avenue), except that the developer shall pay for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. 4) Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 6) Street signs will be constructed and installed by the City of Shakopee at cost to the developer of$250.00 each per sign pole. (4 @ $250 = $1,000) 7) Cash payment in lieu of park dedication shall be required. The Park Dedication payments may be deferred to the time of the issuance of the building permit for the principal structure for each lot. 2. The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder's Office: A. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney. 3. The following must be completed prior to the approval of Building Permits or Certificates of Occupancy for the lots in the subdivision plat: A. No building permits shall be issued to Outlot A until it is replatted. B. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the release of the grading permit. C. Final construction plans and the Stormwater Management Plan shall be approved by the City Engineer prior to the release of the grading permit. D. Utility easements as required by the Shakopee Public Utilities Commission shall be recorded prior to the release of the footing and foundation permit. E. The trunk sanitary sewer charge for the site(per Resolution No. 4157) shall be paid prior to the issuance of the Certificate of Occupancy for the hospital (Lot 1 Block 1). 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. B. Each lot shall have its own water service and sanitary sewer service or common services may be provided. If these services are common, a private easement and maintenance agreement shall be recorded, and must be approved by the City Attorney. C. The developer shall provide adequate sanitary sewer storage facilities on-site until the City sanitary sewer system becomes available to the site. The developer shall connect to the City sanitary sewer system when it becomes available. D. The storm sewer system to be constructed in the north (17th Avenue) and east (Sarazin Street) streets shall be paid by the City of Shakopee. The developer shall pay for all oversizing costs associated with the stormwater facilities in these streets as determined by the City Engineer. (P&fplatmvh) BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Developer's Agreement for the Minnesota Valley Health Campus subdivision. Passed on session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney U) W L..1 S 'aI 3 41 w 3 U i m - N N Cl)W o n o o m E : 0 F z z z z 1- • .f _-t ' o a m m m � ry ;z,J\'^!'ON JJ i l t 1 Z L - e t .4 ry _ n n n 3 3r `- _ _ _ .. __.._• __..__ .-. �I u o n vii o ' o 1::. - c yi n emi o r o v o 3S. 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DISCUSSION: Over the past two months, City staff has worked with representatives from SFRMC to resolve a series of detailed plat issues. The issues resolved include: right-of-way dedications, street design, water system design, stormwater design and timing of construction and payment of public improvements. These issues have been resolved satisfactorily between staff and the representatives from SFRMC. Based on further review of the street design for 17th Avenue or the street on the north side of the site, staff is recommending that a total 100 foot wide right-of-way be required rather than the 120 foot recommended by the Planning Commission. On January 24, 1995, the City Council adopted a trunk sewer charge ordinance and policy. The policy directs the sewer charge to be collected by the City Clerk with the subdivision platting process. The applicants petitioned for sewer improvements in June of 1993. As an assessed project, payments by St. Francis would have occurred after the sewer line was contracted with up to a ten year repayment schedule. Since this policy was being developed during the time frame in which the health campus was under design and budgets prepared for, the applicants are requesting that the trunk sewer charge be deferred until the issuance of the Certificate of Occupancy for the hospital. A condition has been included with the attached resolution addressing this request. As recommended by the Planning Commission, this plat appears to be in substantial conformance with the approved Planned Unit Development. ALTERNATIVES: 1. Approve the Preliminary and Final Plat for Minnesota Valley Health Campus subject to conditions. 2. Do not approve the Preliminary and Final Plats stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended alternative 1. ACTION REQUESTED: Offer Resolution No. 4162, a resolution approving the Preliminary Plat and the Final Plat for Minnesota Valley Health Campus, and move its adoption. (mvhccc.feb) RESOLUTION NO. 4162 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for the Minnesota Valley Health Campus Planned Unit Development on December 8, 1994 and January 5, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4); The North 21.15 feet of the Northeast Quarter(NE 1/4) of the Southeast Quarter (SE 1/4) and the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions: 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. A separate agreement shall be entered into in which the Developer shall agree to pay its share of the cost of the water lines to be constructed in CR 17 and the east street (Sarazin Street). 2) Local streets shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. The developer agrees to reimburse the City for the construction costs in accordance with the Special Assessment Policy. 3) Installation of storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer agrees to construct all stormwater improvements on their property in accordance with the approved Stormwater Management Plan for the plat. The City agrees to reimburse the developer for stormwater improvements in the south street (St. Frances Avenue), except that the developer shall pay for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. 4) Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 6) Street signs will be constructed and installed by the City of Shakopee at cost to the developer of$250.00 each per sign pole. (4 @ $250 = $1,000) 7) Cash payment in lieu of park dedication shall be required. The Park Dedication payments may be deferred to the time of the issuance of the building permit for the principal structure for each lot. 2. The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder's Office: A. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney. 3. The following must be completed prior to the approval of Building Permits or Certificates of Occupancy for the lots in the subdivision plat: A. No building permits shall be issued to Outlot A until it is replatted. B. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the release of the grading permit. C. Final construction plans and the Stormwater Management Plan shall be approved by the City Engineer prior to the release of the grading permit. D. Easements as required by the Shakopee Public Utilities Commission shall be recorded prior to the release of the footing and foundation permit. E. The trunk sanitary sewer charge for the site (per Resolution No. 4157) shall be prior to the issuance of the Certificate of Occupancy for the hospital (Lot 1 Block 1). 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. h ll have its own water service and sanitary Each lot s a a sewer service or common services may be provided. If these services are common, a private easement and maintenance agreement shall be recorded, and must be approved by the City Attorney. C. The developer shall provide adequate sanitary sewer storage facilities on-site until the City sanitary sewer system becomes available to the site. The developer shall connect to the City sanitary sewer system when it becomes available. (P&fplat.mvh) BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Developer's Agreement for the Minnesota Valley Health Campus subdivision. Passed on session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney PC:r Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: January 5, 1995 Re: Preliminary and Final Plat: Minnesota Valley Health Campus Introduction: St. Francis Regional Medical Center (SFRMC) has submitted applications for approval of both the Preliminary Plat and the Final Plat for the Minnesota Valley Health Campus. The public hearing for the Preliminary Plat was opened at the December 8, 1994, meeting of the Planning Commission, and continued to the January 5, 1995, meeting at the request of the applicant. Background: At the November 3, 1994, meeting, the Shakopee City Council approved both the Preliminary and Final Development Plans for the Minnesota Valley Health Campus PUD, subject to conditions. Please refer to the staff reports in both the October 8, and October 20, 1994, Agenda Packets for background information regarding this project, and information regarding the PUD approval process. The applicants are proposing to construct the facility in two phases. Ultimately, the facilities will be approximately 274,200 square feet in size, with a regional hospital facility, a long term care facility, a clinic, and two medical office buildings. The developer is proposing to plat eight (8) lots on 60 acres. Considerations: Context 1. Existing and Future Land Uses: The subject property is currently used for agricultural purposes. Existing adjacent land uses include low density residential development to the west, and agricultural uses to the south, east, and north. Over the next 20 years, a significant amount of land around the subject site will be developed into commercial, multi-family residential, and single family residential uses. With the 19:4 Comprehensive Planning update, the Planning Commission is recommending that the single family residential growth be focused east of CR 17 and the health campus site to serve the SS-H and the SS-D sanitary sewer districts. The residential land to be developed within these districts is approximately 710 acres. Also expected to develop within the next 20 years would be the commercial and multi-family properties in the area being served by the sewer line for the St. Francis site (see Exhibit A). The area to be served by this sewer line excluding the health campus property is approximately 75 acres. 1 2. Transportation System: Exhibit B illustrates the Transportation Plan which is being considered by the Planning Commission with the 1994 Comprehensive Plan Update. This plan illustrates the functional street classifications for the area surrounding the subject site. The following is a list of the area streets and their classifications: Shakopee Bypass Principal Arterial CR 17 Minor Arterial North Street Collector East Street Collector South Street Local Valley View Road Collector Typically, transportation plans establish a range of traffic volumes for each functional street classification. The 1990 Comprehensive Plan established the following traffic volumes by street classification (in ADT or Average Daily Traffic): Principal Arterial 12,000 - 24,000 ADT or greater Minor Arterial 5,000 - 12,000 ADT Collector 1,000 - 5,000 ADT Local less than 1,000 ADT 3. Traffic Analysis: A traffic analysis was prepared for this project (a copywas provided with the PUD memo in October). The projected traffic volumes in this report were for the years 1996 and 2001 which relate to the health campus construction schedule. Both City and County staff have expressed concerns that the traffic volume projections were too aggressive or optimistic for the 2001 time frame. When considering the projections for a 2010 time frame or a 20 year horizon, the projected traffic volumes for area development become more realistic. The following traffic generation discussion is intended to provide the Planning Commission with additional information on the transportation system demands generated by the applicant's site. 4. Traffic Generation: Based on the submitted traffic analysis, the 40 acre health campus site is expected to generate 5,728 ADT and the 20 acre parcel being split off to the south will generate 4,130 ADT. The total traffic generated from development within the subdivision would total approximately 10,000 ADT. On a per acre basis, the health campus would generate approximately 165 trips per acre per day. The commercial properties located at the southeast and southwest corners of the CR 17/Bypass intersection (planned for commercial and multi-family residential uses) would also generate higher traffic volumes (150 - 200 trips per acre per day). -The t\vo 2 sites combined could generate 20,000 - 25,000 ADT depending on the mix of uses. The majority of land area around the health campus site will be developed into single family neighborhoods. Typically, single family uses generate approximately 25 trips per acre per day. The projected 710 acres of single family uses expected to develop by 2010 would generate approximately 17,750 ADT. To serve the residential development, an extensive local street system will be constructed in accordance with the City's standards. For areas with more intensive land uses, such as the commercial parcels and the health campus, fewer streets with a greater capacity typically are built. Design Issues: 5. Rights-of-Way Dedications: One of the primary issues still remaining with the health campus project is how much right-of-way should be dedicated for the four proposed streets. Answering this basic question has been complicated by two factors. The first factor is the changing of the health campus site design since its original presentation to the City over four years ago. The second factor is the evolution of transportation policies by the City and the County for the future development south of the Bypass. Site Design Evolution: The original site design positioned the medical building complex so that the front door would face CR 17 or towards the west. A private driveway was proposed to access from CR 17 and lead directly to the hospital's front door. Visitors and patients would use this driveway. Access for employees, emergency trips and service vehicles was designed to be oriented towards the City street on the north side of the site. The site design has evolved over the past four years (not unusual). The applicants decided to rotate the building to face it towards the southerly exposure. The health campus site was reduced from 60 acres down to 40 acres. The west access from CR 17 has become a public street to serve the health campus and the 20 acre remnant parcel split off to the south. In this design, the applicants have tried to focus traffic flow onto the south street and have requested a traffic signal for the CR 17 intersection. Members of the Planning Commission identified early in the PUD review process that access to the site from the northeast as well as the southeast corners was viewed as an essential site design component. The second pointhelp of access would distribute the traffic loading. Transportation Policy Evolution: Similar to the evolution of the site design by the applicants, the City and County have both been working to advance transportation policies as they relate to future development south of the Bypass. Whereas, previous City transportation plans focused on major streets such as the Bypass and CR 17, the 1994 plan is establishing a more specific collector street system for the large land area between CR 17 and CR 83, and south of the Bypass. 3 In preliminary reviews of the 1994 Transportation Plan element with Metropolitan Council staff, the functional classification of the street on the north side of the health campus is being questioned. Met Council staff are recommending that this street be considered a minor arterial (reliever) street. Staff will continue working with met Council staff on this designation question. A recommendation by the Planning Commission is needed on the appropriate right-of-way dedications for all streets in or adjacent to the proposed subdivision is needed before the item can be forwarded to the City Council. With streets placed at the perimeter of a site, half of the right-of-way would be dedicated by the applicant, and the other half would need to be obtained from the adjoining property owners. The west (CR 17), north and east streets in the proposed subdivision are located at the perimeter of the site and half dedications would be appropriate. The south street falls entirely within the plat and its total dedication would be appropriate. 6. CR 17 (West Street): The applicants are proposing a 120 foot wide right-of-way for CR 17. The County Highway Department is recommending that a 150 foot right-of-way be provided. (Refer to Exhibit D - letter from County Engineer.) CR 17 is designated as a minor arterial street on the Scott County Transportation Plan The County's plan establishes two right-of-way widths for minor arterials including an urban (120 - 150 feet) and a rural (150 - 200 feet) section (see Exhibit E). The segment of CR 17 adjacent to the health campus site is currently constructed to a two (2) lane rural section with a paved shoulder. No improvements in this segment of CR 17 have been included in the 1995 - 1999 Scott County CEP. In the initial years of the health campus operations, most of the adjacent parcels will be undeveloped. Alternative rights-of-way dedications for CR 17 include: 1. Require a 150 foot wide total right-of-way (75 foot half). 2. Require a 120 foot wide total right-of-way (60 foot half). _ 7. North Street: The applicants are proposing a 50 foot half or 100 foot wide total right-of-way dedication. Based on the Metropolitan Council staff recommendation for a minor arterial street, City staff would recommend a 60 foot half or 120 foot wide total right-of-way. The 1990 Transportation plan establishes a 80 - 150 foot right-of-way width for minor arterials and a 66 - 100 foot width for collector streets. The traffic impact study for the Minnesota Valley Health Campus proposed an 86 foot wide street section for the north street based on the projected traffic volumes. A 100 foot wide right-of-way would provide a 7 foot boulevard behind the curb on each side of the street. A 120 foot wide right-of-way would provide a 17 foot boulevard. 4 Alternative right-of-way dedications for the north street include: 1. Require a 120 foot wide total right-of-way (60 foot half). 2. Require a 100 foot wide total right-of-way (50 foot half). S. East Street: The applicant is proposing a 40 foot half right-of-way dedication for the east street. The other half of the right-of-way would be dedicated when the adjacent parcel develops . Staff would recommend approval of the 40 foot half right-of-way dedication. 9. South Street: The applicant is proposing a 100 foot total right-of-way dedication for the south street. Staff would recommend an 80 foot total right-of-way. The applicants have proposed a 66 foot and an 80 foot right-of-way with the PUD. Alternative right-of-way dedications for the south street would include: 1. Require an 80 foot total right-of-way dedication. 2. Require a 100 foot total right-of-way dedication. The applicants have proposed an island in the south street near CR 17. Generally, the City has not allowed individual islands to be constructed due to maintanance issues. Engineering and legal staff have noted that if the applicants are willing to maintain the island, the design could be considered further. A 100 foot wide right-of-way may be needed for the portion of the street that has an island. 10. Direct access from the individual lots onto CR 17, the north street and the east street, shall be prohibited except by driveways approved with the PUD. A condition has been recommended requiring that the access rights be limited by dedicating to the County (CR 17) and the City (the north street and the east street except at approved driveways) the access rights on the dedication statement for the final plat and these access rights shall be shown on the Final Plat drawing. 11. The applicants have requested that Scott County install a traffic light at the intersection of the new public road to the south of the PUD site and CR 17 (Marschall Road). The applicants have submitted a Signal Justification Report (SJR) to the Scott County Highway Department for their review. However, in order to facilitate the installation of the traffic light, the applicants requested that the Planning Commission and the City Council recommend to the Scott County Highway Department that a traffic signal be placed at the intersection of CR 17 and the proposed "St. Francis Boulevard". The City complied with this request, and also recommended that the County install a traffic signal at the intersection of CR 17 and the proposed north street. 5 - 12. The stormwater retention pond must be covered by a public drainage easement. A condition has been recommended requiring that the applicant submit a revised Preliminary and Final plat drawing which provides a drainage easement over the drainage pond within Lot 1, Block 1. 13. Lot 1 Block 1 is very irregular in shape. Applying the setback requirements to this lot which faces four public streets would be confusing at best. Staff recommends dividing Lot 1 into two separate lots on a revised final plat. Lot 3 Block 1 contains only the driveway and no buildings. As a separate parcel, it serves no purpose. Staff recommends that Lot 3 be incorporated into another lot. Other Considerations 14. Each property must have its own water service, and sanitary and storm sewer services. All private utility easements that cross private property must have a recorded easement, and this document must be approved by the City Attorney. Internal public easements must be approved by the Engineering Department and/or Shakopee Public Utilities. 15. Shakopee Public Utilities (SPUC) has commented that water service is available, subject to their standard terms and conditions. This includes the installation of a watermain according to SPUC's design criteria, trunk water charge, water connection charge, etc.) Three phase electrical power is available subject to standard terms and conditions outlined in SPUC's undergrounding agreement. • 16. In order to develop the site as proposed, the applicant received approval of the following variances from the Zoning Ordinance or the Subdivision Regulations through the PUD process: A. (1) Section 11.28, Subd. 5.A,regarding Front Yard Setback of 50 Feet. A 50 foot variance to the 50 foot front yard setback requirement was approved for the structure on Lot 1,Block 1, so that the St. Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback). B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. A 40 foot variance to the 40 foot rear yard setback requirement was approved for the structure on Lot 2, Block 1, so that the Park Nicollet Medical Center may be attached to the St. Francis Regional Medical Center (zero setback). A 20 foot variance to the 40 foot rear yard setback requirement was approved for Lot 5, Block 1, so that the Long Term Care facility may be located 25 feet from the rear lot line. C. (3) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Three 15 foot variances to the 15 foot side yard setback requirement were approved for Lots 6 1, 2, and 5, Block 1, so that the Park Nicollet Medical Center and the Long Term Care Center may be attached to the St. Francis Regional Medical Center (zero setback) . D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi-family Residential (R-4) Zone. 17. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of dedication of park land. Using the 1990 purchase price of$471,944, which was provided by the applicant, the Park Dedication Requirement for the 40 acre PUD site would be $31,141.20, and the Park Dedication Requirement for the 20.62 acre site to the south would be $16,053.20, for a total of$47,194.49. These fees have been discussed with the representatives of the applicants and they have agreed to the calculations. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer has requested that the Park Dedication payments be deferred to the time of the issuance of a building permit for the site. With the approval of this request, the City Council would enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 18. The developer has submitted the required information for compliance with the Wetlands Act of 1991. The Environmental Assessment Worksheet stated that there are no wetlands on the site. The Engineering Department will be issuing a Certificate of Exemption to the Wetlands Act of 1991 to the applicant in the near future. 19. There are pending assessments for the St. Francis sewer and water connections. Scott County Environmental Health has expressed concern regarding the temporary use of holding tanks for the first phase. Although they should only be needed for a maximum of six (6) months, it could become very expensive to pump when needed for this length of time ($100.00 for every 3,000 gallons). 20. In the process of expanding the urban service area, a requirement was placed on the hospital site which limned it to institutional uses until the MUSA was expanded. A condition has been recommended requiring this (Condition 2B). 21. Typically, street names in the City use the following: East/West Roads: " " Avenue North/South Roads: " " Street Cul-de-sacs: " " Court or " " Circle 7 Other Streets: " " Lane or " " Drive Street names on the Final Plat drawings should be revised to be in conformance with the City's street naming policies. For example, the proposed "Community Drive" should be renamed to "17th Avenue"; "St. Francis Boulevard" should be renamed to "St. Francis Avenue"; and "Health Center Parkway" should be renamed to "Health Center Street". A condition has been recommended requiring these changes be made on the Final Plat as approved by the Engineering Department. Alternatives: 1. Recommend approval of the Preliminary and Final Plat to the City Council, subject to conditions. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary and Final Plat, subject to the revised conditions. 3. Recommend denial of the request for approval of the Preliminary and Final Plat to the City Council. 4. Continue the public hearing and table the decision, requesting additional information from the applicant and/or staff. Staff Recommendation: Staff recommends Alternative No. 1, the approval of the Preliminary and Final Plats for the proposed Minnesota Valley Health Campus, subject to-the following conditions: 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. 2) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard specificaitons of the City of Shakopee. • -8 3) Street lighting to be installed in accordance with the requirements of theShakopee Public Utilities Commission. 4) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 6) Street signs will be constructed and installed bythe Cityof Shakopee at a P cost to the developer of S250.00 each per sign pole. (4 @ $250 = $1,000) 7) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. 2. The following must be completed prior to the approval of Building Permits for the lots in the subdivision plat: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. Building permits for Lot 1 Block 2 shall be limited to institutional uses until such time where the adjacent parcels have been incorporated into the Metropolitan Urban Service Area. C. The developer shall provide adequate sewer storage facilities on-site until the City sewer system becomes available to the site. The developer shall connect to the City sewer system when it becomes available. 3. The following actions must take place: A. The c2veloper shall be responsible for grading of the plat as shown in the drainage plan. B. Each lot shall have its own water service, and sanitary and storm sewer services. 4. The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder's Office: 9 A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. B. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. 5. The applicant shall submit a revised Final Plat drawing prior to approval by the City Council which reflects the following design changes: A. Direct access from the individual lots onto CR 17, the north street, and the east street, shall be prohibited. The access rights shall be limited by dedicating to the County (CR 17) and the City (the north street and the east street except at approved driveways) the access rights on the dedication statement for the final plat and these access rights shall be shown on the Final Plat drawing. B. The stormwater detention pond shall be covered by a public drainage easement. C. A total of 150 feet of right-of-way(75 foot half from the subject site) for CR 17 shall be provided. D. A total of 120 feet of right-of-way (60 foot half from the subject site) for the north street shall be provided. E. A total of 80 feet of right-of-way for the south street shall be provided. F. Lot 1 Block 1 shall be divided into two separate parcels. G. Lot 3 Block 1 shall be merged into another lot. H. Street names on the Final Plat drawings shall be revised to be in conformance with the City's street naming policies. For example, the proposed "Community Drive" should be renamed to "17th Avenue"; "St. Francis Boulevard" should be renamed to "St. Francis Avenue"; and "Health Center Parkway" should be renamed to"Health Center Street". A condition has been recommended requiring these changes be made on the Final Plat as approved by the Engineering Department. 6. The following must be approved prior to approval of the Preliminary and Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. 10 B. Construction plans for all public improvements must be submitted and approved by the City Engineer. C. The approval of the Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. 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NH8 88 m , Om AI a 0 'N- N CCM? 3.K.H1.LH N n _ ` J o °3h J m0 11 •C(O 00001 .0 i N 3.1rS.81.1.9 N m Q etqj CJ O N L0 0 P. n w I Mrw � 6. i1 " v 0Y ,7;uawasoa f;//i;n puo 060uioJp !***./ L �E i 10'ZOZI 3.6S.6Y.L9 N / Si 3f1N3AV HIL L 51 ?''`' 99•zzci 9.,es,e1,.1.9 x i' i fr/13N Jo P/13N Jo vis JO gull 4;uoN�� -S.- I I so ..- W S W i O os L ao W up RESOLUTION NO. 4162 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLAT FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for the Minnesota Valley Health Campus Planned Unit Development on December 8, 1994 and January 5, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter (SE 1/4) of the Northeast Quarter(NE 1/4); The North 21.15 feet of the Northeast Quarter(NE 1/4) of the Southeast Quarter (SE 1/4) and the South Half (S 1/2) of the Northeast Quarter(NE 1/4) of the Northeast Quarter (NE 1/4), Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions: 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. A separate agreement shall be entered into in which the Developer shall agree to pay its share of the cost of the water lines to be constructed in CR 17 and the east street (Sarazin Street). 2) Local streets shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. The developer agrees to reimburse the City for the construction costs in accordance with the Special Assessment Policy. 3) Installation of storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. The developer agrees to construct all stormwater improvements on their property in accordance with the approved Stormwater Management Plan for the plat. The City agrees to reimburse the developer for stormwater improvements in the south street (St. Frances Avenue), except that the developer shall pay for all oversizing costs associated with the stormwater facilities as determined by the City Engineer. 4) Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 6) Street signs will be constructed and installed by the City of Shakopee at cost to the developer of$250.00 each per sign pole. (4 @ $250 = $1,000) 7) Cash payment in lieu of park dedication shall be required. The Park Dedication payments may be deferred to the time of the issuance of the building permit for the principal structure for each lot. 2. The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder's Office: A. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney. 3. The following must be completed prior to the approval of Building Permits or Certificates of Occupancy for the lots in the subdivision plat: A. No building permits shall be issued to Outlot A until it is replatted. B. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the release of the grading permit. C. Final construction plans and the Stormwater Management Plan shall be approved by the City Engineer prior to the release of the grading permit. D. Easements as required by the Shakopee Public Utilities Commission shall be recorded prior to the release of the footing and foundation permit. 1 E. The trunk sanitary sewer charge for the site (per Resolution No. 4157) shall be prior to the issuance of the Certificate of Occupancy for the hospital (Lot 1 Block 1). 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. B. Each lot shall have its own water service and sanitary sewer service or common services may be provided. If these services are common, a private easement and maintenance agreement shall be recorded, and must be approved by the City Attorney. C. The developer shall provide adequate sanitary sewer storage facilities on-site until the City sanitary sewer system becomes available to the site. The developer shall connect to the City sanitary sewer system when it becomes available. (P&fplat.mvh) BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Developer's Agreement for the Minnesota Valley Health Campus subdivision. Passed on session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ULQL / 6 TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Snowmobiles DATE: 01 31 95 INTRODUCTION: Report to Council regarding snowmobile violations. BACKGROUND: At their meeting of 12 20 94, Council - authorized installation of signs and fencing to restrict snowmobile traffic in problem areas, - authorized relocation of trail access points, - directed staff to meet with snowmobile associations, - directed staff to prepare a map outlining snowmobile trails, - directed staff to communicate with the Sheriff regarding extra enforcement of snowmobile regulations, - directed staff to report back at the first meeting in February. The following actions were taken: - problem areas were checked and additional signs and fencing were arranged for by the acting City Engineer, - staff met with representatives of the state and local snowmobile associations, the Scott County Sheriff's office and the Department of Natural Resources, - the problem was discussed and the snowmobile people were made aware of Council 's willingness to ban snowmobiles from the City if violations do not decrease significantly, - the Officers from the DNR and Sheriff's Office indicated their willingness to assist with enforcement, - all parties agreed that additional education could not might help and couldn't do any harm. - Officer Crocker, Officer Scott Carlson from the DNR and a representative from the local snowmobile association spoke to grades 8-12 at the Junior and Senior High Schools about safe and legal operation of snowmobiles. Lack of snow since 12-20-94 has all but eliminated snowmobile traffic in town so it is impossible to tell if these efforts will have any impact on the number of violations we were experiencing. RECOMMENDATION: Revisit this issue at a later date. 13Jb MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Facility- Construction Manager&Design Services DATE: January 27, 1995 INTRODUCTION: On January 24, 1994 the Shakopee City Council directed the appropriate City officials to take the steps necessary to facilitate the completion of a recreation facility that would include an ice arena and mezzanine level to accommodate gymnastics and wrestling programs. BACKGROUND: In order to move ahead with this project, staff is recommending that a construction manager be hired. Staff is also recommending tat the Construction manager provide design services for this project. In June of 1994 the City Administrator, Assistant City Administrator and Senior Planner interviewed the following five construction management firms: 1. Bossardt Corporation 2. McGough 3. Amacon 4. Mortenson 5. Greystone Construction Each of the firms interviewed had previous construction management experience. McGough and Mortenson generally had strong experience with very large projects. Both also had experience in completing community center projects. Bossardt Corporation primarily had experience with municipalities and school districts. Amacon specializes in Industrial/Commercial projects. Staff is recommending that Greystone Construction of Shakopee be selected to provide construction management and design services for this project. Greystone has direct experience in serving as a construction manager on various ice arena projects. They have also had the opportunity to serve as contractors for several ice arena projects. Greystone Construction is also very familiar with the Shakopee site and in 1994 actually completed a set of plans and specifications for an ice facility that is similar to what we are considering at this time. The availability of the plans completed earlier will reduce our design costs. Each of the construction managers selected had a fixed fee between 2.45% and 3% of construction costs plus reimbursable expenses. In addition to the Construction Management Fee a separate design fee would be applied. Greystone Construction will be able to provide the design services at a cost below market rate. It should be noted that Amacon did submit a proposal based upon a $2 million dollar project that established a lump sum fee of$65,000 for design services and $50,000.00 for construction management services. Nevertheless, staff believes that Greystone Construction can provide a better total product based on their past ice arena construction and design experience and their knowledge of our project. Additionally, staff believes that overall, Greystone Construction will be able to compete the construction manager and design services at the lowest cost. One of the first tasks to be completed by the construction manager will be to site design plan and develop a task list and time schedule. The construction manager will also meet on a regular basis with a City design review team to finalize facility components and address concerns as they may arise. Once a set of facility components has been determined by the construction manager and design team, final review by City Council would be in order. The construction manager could then prepare an actual estimated project cost. Staff remains optimistic that this project could be completed prior to November 1, 1995. However, it is critical for City Council to move ahead with design and construction management selection. Of utmost importance is the establishment of the final site plan. In order to expedite this process, staff is also recommending that OSM be authorized to complete a cross sectional topographical survey of the property at a cost not to exceed $1,500.00. We can obtain this service at a lower cost than our construction manager since OSM completed the original land survey for the site when we sold a portion to the School District. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute a construction management and design services agreement by and between Greystone Construction and the City of Shakopee for the recreation facility project. 2. Approve the use of OSM to complete a cross sectional topographical survey of the site a cost not to exceed $1,500.00. 3. Select some other construction manager and authorize the appropriate City officials to execute an agreement accordingly. 4. Have the construction manager complete the cross sectional survey. 5. Select a construction manager and authorize staff to solicit proposals from architects to design the project site and facility. 6. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1 & #2. ACTION REQUESTED: 1. Move to authorize the appropriate City officials to execute a construction management and design services agreement by and between Greystone Construction and the City of Shakopee for the recreation facility project; and 2. Move to approve the use of OSM to complete a cross sectional topographical survey of the site at a cost not to exceed $1,500.00. BAS\tiv- h:\tami\admin\icearena CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Street Sweeper DATE: February 3, 1995 INTRODUCTION: This item was tabled at the January 17, 1995 City Council meeting to allow staff time to provide more information to the Council. BACKGROUND: At their January 17th meeting, the City Council expressed concern over performance, operating and maintenance costs for each type of sweeper. During the last two weeks, staff has contacted several Cities who used both Elgin and Athey sweepers to get their impressions of the sweepers they use. In an effort to maintain a neutral survey, the Elgin and Athey manufacturers were asked to submit only limited specific information. Staff felt that the information submitted with the bids and the information presented at the Council meeting generally stated the manufacturer's positions. Of the nine Cities surveyed, three had Elgin mechanical sweepers, four had Athey hydraulic sweepers. One had both an Elgin mechanical and Athey hydraulic, and one City had 2 hydraulic sweepers, one Athey and one Elgin. The following is a summary of the Cities polled, and the make, models and year of their sweepers: CITY MODEL YEAR Albert Lea Elgin SE 1992 Athey H10 1989 Chaska Elgin SE 1994 Fairibault Elgin SE 1993 Montivideo Athey H10 1990 New Prague Athey H10 1987 Northfield Athey H10 1990 Robbinsdale Athey H10 1989 Savage Elgin SE 1994 St. Louis Park Athey H10 1988 Elgin P (Hydraulic) 1990 1 Maintenance Costs Of the Cities surveyed, three were able to provide us with maintenance costs per hour of operation. Albert Lea reported hourly costs of$4.76 for the Elgin SE and $12.96 for the Athey, machines with roughly comparable hours of operation (1775 and 2400 respectively). The City of Robbinsdale reported an hourly maintenance cost of$16.84 on an Athey H10 with 3300 hours of operation. The City of St. Louis Park reported hourly maintenance costs of$6.23 for Elgin Hydraulic sweeper and $10.68 for the Athey 1110 with 3475 and 4285 hours of operation respectively. While these costs represent the experiences on only a few machines, the magnitude of the cost difference between the Athey and Elgin sweepers seems to indicates that the Elgin mechanical sweeper is less expensive to maintain. This is somewhat contrary to what one might expect on a mechanical sweeper with gears, sprockets and chains. However, the Cities polled seemed to indicate the Athey sweepers were more prone to "big ticket" items failing, which could account for the higher maintenance costs. A few examples of these "big ticket" items were the City of Robbinsdale spending $55,560.00 in five years and St. Louis Park spending $45,495.00 in four years on parts and labor to keep their Athey sweepers operating. None of the Cities polled sighted large expenses for the Elgin sweepers. When asked about the high maintenance costs, almost all of the Athey owners sited parts availability as a key cost factor. Many of the Cities were not able to get parts from the Athey dealer and had to get parts either out of State or from other brand dealers who were selling used parts off of inoperable machines. Performance When asked about performance, all of the Cities indicated the sweepers performed adequately with only one City commenting that their hydraulic sweeper was slow and/or stalled in heavy material. The City of Albert Lea is the only City polled with both a mechanical and hydraulic sweeper. They commented that the mechanical sweeper was faster than the hydraulic sweeper, and they tended to use the mechanical sweeper for the heavier sweeping (along the curb line) followed by the hydraulic sweeper for the lighter areas (driving lanes). To obtain a better feel for the performance that Shakopee can expect, staff contacted a broom manufacturer Zarnoth Brush Works. The City of Shakopee does not use a standard broom which has 39 sets of "bristles" with spacers in between, but rather uses a broom with 72 sets of "bristles" and no spacers. The denser broom tends to clean the streets better with less need to re-sweep in heavy materials. The broom manufacturer has established torque ranges for different broom configurations. They have indicated that the type of broom used by Shakopee would be under powered on a hydraulic 2 machine, if it worked at all. They recommend a mechanical sweeper mechanism for the "72 bristles" broom because it has enough power to take advantage of the heavier broom. Since the last Council meeting, staff has received a report on the torque generation of the Elgin Mechanical and the Elgin Hydraulic sweepers. The mechanical sweeper delivered 22,552 inch pounds of torque to the main broom while the hydraulic sweeper produced 5612 inch pounds of torque. This report did not include the Athey hydraulic sweeper, however, staff feels that the magnitude of the numbers is pertinent to both brand names. Conclusion Based on the maintenance costs, torque production rates and comments from other Communities, staff is recommending purchasing the Elgin mechanical sweeper. ALTERNATIVES: 1. Purchase the Elgin sweeper from MacQueen Equipment for $86,262.87. 2. Purchase the Athey Sweeper from ABM Equipment for $73,240.05. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Move to remove from the table. 2. Move to authorize the purchase of an Elgin SE Sweeper from MacQueen Equipment for $86,262.87. DMN/pmp SWEEPER 3 O1\ISENT' i d TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of Printer DATE: January 25, 1995 Introduction The 1995 budget contains an appropriation for a new printer for the Finance Department. Background The 1995 budget contains an appropriation of $8,000 for a faster laser jet printer with capability to print on both sides of a page. This will also permit printing of many LOGIS items locally, saving waiting time and courier charges ($6.75 per trip) . LOGIS is evolving over time. Last year was the year for members to get on the wide area network of which we were the second last city to complete. This is the year for increasing local printing by putting faster laser jet printers on the network. The current printer will be cycled down to Planning. The cost of a Hewlett Packard Laser Jet 4SI with duplexing is $5,648.00 under the LOGIS purchasing contract. Alternatives 1. Purchase Laser Jet 4SI printer through LOGIS for $5,648. 00. 2. Do not purchase printer. Recommendation Alternative number 1. Action Move the authorize the purchase of a Hewlett Packard Laser Jet 4SI through the LOGIS contract in the amount of $5, 648.00. ReAJ%Se-.A It 1 e___ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: January 31, 1995 Introduction Council action is necessary to dispose of surplus property. Background Hennepin County is having an auction of excess equipment type items. Public Works has submitted the following items as worn out or not needed and to be declared surplus and disposed of at the auction. Welder - 20th Century, 295 Amp Post Hole Digger - 8", Gas powered Chain saw - Homelite Chain saw (2) for parts Additionally, the City has a surplus fuel dispenser following the replacement of fuel tanks last year. Westside Equipment has a customer which, after modification, can use the unit and therefore has offered the City $1,500 for the unit. Action Requested Move to declare the following items surplus property; Welder - 20th Century, 295 Amp Post Hole Digger - 8", Gas powered Chain saw - Homelite Chain saw (2) for parts Fuel dispenser CONSENT l/ 4L) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: January 31, 1995 Introduction Council action is necessary to dispose of surplus property. Background Hennepin County is having an auction of excess equipment type items. Public Works has submitted the following items as worn out or not needed and to be declared surplus and disposed of at the auction. Welder - 20th Century, 295 Amp Post Hole Digger - 8", Gas powered Chain saw - Homelite Chain saw (2) for parts Action Requested Move to declare the following items surplus property; Welder - 20th Century, 295 Amp Post Hole Digger - 8", Gas powered Chain saw - Homelite Chain saw (2) for parts / 3f Attached is a print out showing the division budget status for 1994 based on data entered as of 1/31/95. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee(s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Harry Pass $6.29 Included in the attached bill list is the below listed educational reimbursement for employees. Employee Class Cost Gerald Poole Organizational Communication $193 .32 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 67,420 8,017 51,895 77 12 CITY ADMINISTRATOR 194,060 30,348 197,088 102 13 CITY CLERK 116,690 11,217 111,822 96 15 FINANCE 278,660 19,016 261,018 94 16 LEGAL COUNSEL 185,970 18,870 158,360 85 17 PLANNING 408,130 39,599 375,160 92 18 GENERAL GOVERNMENT BUILDINGS 115,790 16,438 119,854 104 31 POLICE 1,389,520 160,547 1,352,259 97 32 FIRE 865,310 38,877 847,335 98 33 INSPECTION-BLDG-PLMBG-HTG 187,120 20,121 173,204 93 41 ENGINEERING 355,480 31,384 292,470 82 42 STREET MAINTENANCE 586,820 56,470 475,386 81 44 SHOP 185,050 11,694 181,685 98 46 PARK MAINTENANCE 307,270 26,323 299,740 98 61 POOL 150,300 4,487 147,697 98 64 RECREATION 209,380 17,908 192,372 92 91 UNALLOCATED 316,264 243,091 266,811 84 TOTAL GENERAL FUND 5,919,234 754,407 5,504,156 93 17 PLANNING 360,860 52,642 344,487 95 TOTAL TRANSIT 360,860 52,642 344,487 95 12 CITY ADMINISTRATOR 165,693 14,015 150,102 91 TOTAL HRA 165,693 14,015 150,102 91 00 N/A _ 2,135,700 0 , 747,302 35 TOTAL CAPITAL EQUIP REVOLVING FUND 2,135,700 0 747,302 35 I-7 w 04 04 a 04 04 04 04 04 04 u; c>+ 04 04 04 04 a 04 04 w P4 a w , 4 E H El El E H H H E E H E H H H H E E H I- H H H .-Iw d 00 W i O a w 0 H I` �t .t ,7 �7 ,7st4' ststst4t4t ,t in CO 00 NN O CO co CIO CO CO CA CIO CO Co CO 00 00 00 CO CO Co OD CO CO 'LS r-I r-1 rl r-1 .-1 .--1 r-1 .-I .-i r-I r-I .-1 I--1 e-1 .--I .--1 .-I 0 0 T+ 0% 0% O 0000000000000 O 00 00 NN 1-4 N N 0 0000000000000 0 00 01 01 00 N N 0 O O O O O O O O O O O O O 0 O O N N 0 0 4 M VI '.0 0 .-1 .-I e--1 .--1 .-4 .-1 r-I .-1 r-I .-I 0 .--4 0 0 0 VI 9-1 0 0 N CO r-I C7 N N N N N N N N N N C+1 N .-I r-1 .-I f\ I• 0 r-I EA r-1 r-1 Cr) .7 C'7 C7 C'-1 C'1 M Cr) 01 M M C'-1 .t C'1 M N N .--1 .-1 '.0 '.0 N N .t .7 .7 .t .7 .Y .7 .7 .7 .t .7 .t .t .7 .t -t .t N N .t .t I I I I I I I I I I I I t I I I I I I I I I I 0 N N e-1 e-1 .7 e-1 1--1 r4 r1 H .-I r-1 v-4 9-1 .--I r-1 VO r-1 I-I N N 0% 0% O r-I I-4 '0 '.0 C'1 '.0 CN .-1 in N - C') r-I IN M M N M r4 r-I .--1 .-I .-I U 0% 0% .--1 I--1 in .--1 r-1 4" ,-I .--1 '0 M 01 .--1 .--1 .4 H 't 0% 0% M C''1 d 0 0 0 0 %000000000000 O 00 00 0% 0% .a a ycoW d 18 A4 >4 Z 1 CD H 01 a. 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V}V} V} Cl) CO-CA V} 2HH+ %0 %O V}V} - cv in r-1 Cd 0 W H H V} C/) W r-4 4-4 r-1 .-1 .-1 r-4 r-I .-1 r-1 r-I .-1 r-1 r-1 r-1 4-1 .-I v-4 4-1 r-I H H 0 0 0 0 O co O O 0 0 0 0 0 0 0 0 0 O O C, < \\\\ \\ \ \ \\\\\\\\\ \\ A N N N N N N N N N 04 N N N N N N N N N O O O O O O 0 O 0 0 0 0 0 0 0 0 0 O O rb. 0 tot\ntotn in in in in in in to tol\Ainintry in in U w at a. CT at 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% W 0 0% 0% 0% 0% 0% 0% 0% a% a% 0% 0% 0% 0' 0% a' 0% 0% 0% 0% UU .-I 4-1 r-1 r-1 .--I 4-1 .--1 .--I .- r4 Hv-11 r-I .-1 .-1 rr-I .--I .-4 r-I r 1-1 Z 0 .--I N crf st in %0 0 b.4 a% a% O% 0% � 0% 0% N N n n n 1. n n n 0 U 0 0 0 0 0 0 0 0 0 N 00 cd P4 1 -t N in -t 0 M .t co 0 0 %o N %O M N 0 CO '.0 u1 u1 M to C •• 1� O up u1 CO N C% u1 u1 r1 OT N 1's CO Q. Vo N f• '.O u1 1", o n o ix) en Oi o. o .-1 -t N M .-d 0% .t M .t e--1 .--I N .-1 N CO- C .-1 Cl> uI V> V.I. ul u1 .-4 co- N V> n C% V> CO. V> 0% '- CO- _ N dZ A Pd w W W w C9 P W P4 O H g 14 EI Iwa IQ W -1 w y E H HE. > U O i g 43 x a 4 • 0 41 N V) 0 aG .-4 0 00 V) m w Ur-1 4 u1 a% rl 0 0 0 0 O , ui .tnnr.-1 .-1 en .t COo U H 1k * # * * ik # # * 0 CONSENT MEMO TO: Dennis R. Kraft, City Administrator / FROM: Barry A. Stock. Assistant City Administrator RE: Township Recreation Contribution Policy DATE: January 30, 1995 INTRODUCTION: On January 24, 1995 Shakopee City Council met with the Townships in a Committee of the Whole setting to discuss options for determining what the appropriate contribution level would be for the Townships to pay for recreation services provided by the City of Shakopee. Based upon the input received at that meeting, staff has prepared a administrative policy for Council review and approval. BACKGROUND: Shown in Attachment#1 is an administrative policy that staff has developed based upon the input received at the meeting on January 24th. The policy specifies that in 1995 Jackson and Louisville Townships will pay the following amounts: Jackson- $2,700.00; Louisville - $1,479.00. In preceding years Jackson and Louisville Township officials have agreed to pay the City of Shakopee $10.00 for each recreation activity that their residents participated in during the previous calendar year. Additionally, Jackson and Louisville Townships agreed that non-residents should be charged an non-resident fee at the time of program application in an amount to be determined by the City of Shakopee. Staff believes that the proposed policy can be easily administered by the City and is consistent with the discussion held at the Committee of the Whole meeting. I have forwarded a copy of this memo to each Township official for their review and comment. If Council concurs with the summary of findings as presented by staff in the attached policy it would be appropriate to adopt said policy at this time. ALTERNATIVES: 1. Move to adopt Administrative Policy#228 with respect to Township recreation contributions. 2. Amend the Township recreation contribution policy and approve accordingly. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move to adopt Administrative Policy#228 with respect to Township recreation contributions. BAS/tiv- h:\tami\admin\1-30memos Adopted: Administrative Policy #228 Township Recreation Contribution Policy 1. In 1995 the City will send an invoice to the Townships for the following amounts: Jackson - $2700. 00 Louisville - $1479.00 2. By February 15th. of each year the City will send the Townships a list of recreation program participants indicating what activities they particpated in during the previous ,year. 3. Beginning in 1996, the Townships will pay the City $10.00 for each recreation activity that their residents participated in during the previous calendar year. The Townships will be invoiced by the City accordingly. 4. In addition to the $10. 00 contribution per participant paid by the Townships, beginning in 1995 the City will determine the rate of a non-resident fee that will be applied to the base fee of each City activity including swimming lessons. Township residents will be required to pay the non-resident fee at the time of program application. Kraft, A riu str 't SENT /3 it. MEMO TO: Dennis R. Cit y FROM: Barry A. Stock, Assistant City Administrator RE: Request for Easement -U.S. West DATE: January 25, 1995 INTRODUCTION: The City has received a request for a utility easement from U.S. West to be located adjacent to the alley next to their building on Sommerville Street. BACKGROUND: Attached is a correspondence from U.S. West requesting City Council approval of a 10'x10' easement. Shown in Attachment#2 is a map illustrating the location of the proposed easement. Note that the proposed easement will be adjacent to the SPUC utility easement that will be necessary for the pedestals associated with the downtown undergrounding project. U.S. West is willing to pay $3.00 per square foot for the proposed easement. Staff would like to recommend that the City Council approval of the proposed easement at a rate of$5.00 per square foot. Staff would also like to recommend that City Council clearly specify that the easement location will be immediately west and adjacent to the SPUC utility easement. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute an easement agreement by and between the City of Shakopee and U.S. West for a 10'x10' easement to be located on Block 29 within the City of Shakopee immediately west of the SPUC utility easement at a cost of$5.00 per square foot. 2. Move to authorize the appropriate City officials to execute an easement agreement by and between the City of Shakopee and U.S. West for a 10'x10' easement to be located on Block 29 within the City of Shakopee immediately west of the SPUC utility easement at a cost of$3.00 per square foot. 3. Do not approve the proposed easement request. 4. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the easement agreement by and between the City of Shakopee and U.S. West for a 10'x10' easement to be located on Block 29 within the City of Shakopee immediately west of the SPUC utility easement at a cost of$5.00 per square foot. BAS/tiv h:\tami\admin\uswest Attachment #1 North Star Land Services Co. PROFESSIONAL LAND and RIGHT OF WAY ACQUISITION SERVICES Suite 624,Rosedale Towers • 1700 West Highway 36 IN St.Paul,Minnesota 55113 ■ (612)631-1778 • Fax(612)631-1039 January 11, 1995 City of Shakopee Attn: Mr. Barry Stock 129 Holmes Street Shakopee, MN 55379 RE: Proposed U S WEST Easement S 94-3-2 Near Alley Between 2nd and 3rd Avenues and Sommerville St. , Shakopee Dear Mr. Stock: I am forwarding a new easement proposal for the U S WEST facility I requested in my letter of April 4, 1994 and as we've discussed in recent telephone conversations. We would still like to acquire a 10.00 foot by 10.00 foot easement. You will notice on the proposed easement that I have left the site location subject to survey and approval by you and U S WEST. Generally, the site will be to the west of the original request, which was in the northeast corner of the City's property. U S WEST is willing to pay $3.00 a square foot for the easement, as we discussed. If our proposal is acceptable, all that you need to do is to have two copies of the easement signed by the proper City officer and notarized and returned to me. Please keep one copy of the easement for your records. After I receive the signed easement we will have the site surveyed and staked for final approval by you and the U S WEST engineer. I will forward the payment check to you upon approval of the survey and I will then take care of the recording process. Thank you again for your cooperation. Yours very truly, (61.1 - William D. Folwick Right of Way Agent WDF:vc Enclosures cc: John Boentges , s \\ \-.., Lc Attachment 42 ,\ -._. - __1 — _.., !\ •\ ` • , F\ ( I Ar-,,( I `--` �\ •.J J. _--i-_ / 1 ____i / `I k `•, tom: _.) , ,:.› CO f > '•' J 0 M d co c O N r--- •C I__ T / - L L Z C.iT (n Q.) I -- •g O `)0 ) aa) O { N Y . coa) ; O Lr) Lr) cnccn ocv c o cp I I ` D W L L cu .- Z LL a a a°)) a0) a0) a a°)) Z r) r) Li Li L.J... (I) Li- CD inZ 0 0 O N Ct -.- E I Z U in » Y cam ' �'�oo I x I- - -� W W w 0 I I w F I (I)cn C\I O •3 — CO r"J (n a z (I . I (n — I Ymm X) WWN (Z moo ' °' o °' 0000 I W J a) .0 a) v E co a- t.' d OCU In J > O C C s C L ..0 L S IU ►o.�.... O W F-- aD CD � 0 0 0 0 0 U 0 0 0_02 VI- (� U U (n 0 (1) Cr) (J) Cl) I I 0_02 N 11111111 1 (V CV lo it '...4- d W X I Z (CS LL. U I r Kir ' . `J . O v >4> i b —� O O 0 r) C"..1 CD T- r''")> f .� Z "ri .{_ Y s-. 1^ O rccS a .A-.o i -►-) Q w H- N _ V) N C> 0.(•-) ca. — Z m 0 Z ' (n cn o oA wv U a) 4:11 0 W 0 CD I I W Q U 'fl I 1 (n W C". n o N Q1 r n r n N N in p CONSENT- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Economic Development Coordinator Position DATE: January 27, 1995 INTRODUCTION: In preparing the 1995 budget staff included funds to fill an Economic Development Coordinator position. Staff would like to request Council approval to advertise for said position. BACKGROUND: Last year the Community Development Commission (CDC) and City Council spent considerable time discussing the benefits of having a full-time Economic Development Coordinator position. More recently, City Council has decided to extend the moratorium on Blocks 3 and 4 in an effort to determine if the property can be redeveloped. City Council has also directed staff to take the appropriate steps to establish an Economic Development Authority (EDA) for the City of Shakopee. Shown in Attachment#1 is a preliminary job description for the proposed Economic Development Coordinator position. Note that a salary range of $36,566-$45,707 has been specified for the position. Staff is seeking Council authorization to advertise for the position in accordance with procedures as setforth in the Personnel Policy. ALTERNATIVES: 1. Authorize the appropriate City officials to advertise for the Economic Development Coordinator position consistent with the procedures setforth in the Personnel Policy. 2. Do not authorize the appropriate City officials to advertise for the Economic Development Coordinator position at this time. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to advertise for the Economic Development Coordinator position consistent with the procedures setforth in the Personnel Policy. BAS/tiv- h:\tami\admin\edcjob City of Shakopee Job Description JOB TITLE: Economic Development Coordinator EXEMPT: Yes JOB CODE: 87 SALARY LEVEL: $36, 566 - 45, 707 DIVISION: SHIFT: DEPARTMENT: Administration LOCATION: EMPLOYEE: REPORTS TO: City Administrator PREPARED BY: Barry Stock DATE: 1/27/95 APPROVED BY: DATE: SUMMARY: Serves as a member of the organizations management team providing vision, leadership and administrative skills for the Economic Development Authority, promoting a spirit of cooperation between governmental and local groups working for the economic and social development of the community of Shakopee. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Administers and promotes economic development activities in a manner that will assure effective programs and development in accordance with applicable comprehensive plans and ordinances. Prepares agendas and staff reports for Community Development Commission, attends and makes oral presentations at related meetings. Assists/directs consultants retained by the City to analyze Economic Development Projects and makes recommendations to the City Administrator regarding city ordinances and policies affecting economic development . Effects harmonious working relationships between the City, Chamber of Commerce and works successfully with other related governmental and civic agencies. At the direction of the Economic Development Authority, develops and carries out strategies to market the community of Shakopee to interested developers . Meets with citizens, boards and commissions, local businesses, developers, prospective businesses and staff on matters related to economic development . Prepares attractive financing packages utilizing block grant - 1 - JOB DESCRIPTION Job Title: Economic Development Coordinator funds, tax increment financing, Department of Trade and Economic Development programs and other public and private financing techniques . Prepares detailed staff reports and oral presentations for the Economic Development Authority and City Council on economic development metters . Is responsible for Economic Development Authority meeting materials and packet distribution. Maintains updated status of community profile and provides general information and assistance to businesses, industries and developers on all economic development matters. Performs other tasks and duties assigned by the City Administrator. SUPERVISORY RESPONSIBILITIES : Is under the direct supervision of the City Administrator. Staffs the Economic Development Authority under the supervision of the Executive Director. Must be capable of effectively communicating with other departments, citizens, boards and commissions, developers, the business community and the general public . QUALIFICATION REQUIREMENTS : To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . EDUCATION and/or EXPERIENCE: Bachelor' s degree (B. A. ) in planning, public administration, business administration or other related field and two to five years related experience and/or training; or equivalent combination of .„A Master' s degree in one of these areas is highly preferred. ye,d„ra«t;od a,dd e c%euce. LANGUAGE SKILLS: Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents . Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business - 2 - JOB DESCRIPTION Job Title : Economic Development Coordinator community. Ability to write speeches and articles for publication that conform to prescribed style and format . Ability to effectively present information to top management, public groups, and/or boards of directors . MATHEMATICAL SKILLS: Ability to apply advanced mathematical concepts such as exponents, logarithms, quadratic equations, and permutations. Ability to apply mathematical operations to such tasks as frequency distribution, determination of test reliability and validity, analysis of variance, correlation techniques, sampling theory, and factor analysis . REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions . Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables . PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions . While performing the duties of this job, the employee is frequently required to use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to stand, walk, and sit . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. - 3 - CONSENT l3 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler T.f' SUBJECT: Application for On Sale 3 .2t'iBeer License Chin Yung Inc. DATE: January 26, 1995 INTRODUCTION: The City has received an application for an on-sale 3.2 beer license for 1135 East First Avenue. BACKGROUND: The City has received an application for an on-sale 3 .2 beer license from Chin Yung Inc. , for the building located immediately West of the Super America Station. You may remember that this building has been unoccupied for some time. It was previously occupied by Country Kitchen, Granny's Restaurant, and Benjamin's, Restaurant, to name a few. There is no background investigation required for a 3 .2 beer license. The site is properly zoned for this type of use. The City Code requires inspections of the premises and issuance of a certificate of occupancy (C.O. ) for a new or renewal of a beer or liquor license. The building is being completely remodeled and will not receive a C.O. until it is complete. Approval of the license should be conditioned upon the issuance of a C.O. All components of the application are in order relating to insurance, payment of taxes and utilities. The Shakopee City Code does not limit the number of on-sale 3 .2 beer licenses the Council may issue. ALTERNATIVES: 1] Approve license conditioned upon issuance of a C.O. 2] Deny license 3] Table for additional information or until issuance of a C.O. RECOMMENDED ACTION: Move to approve the application and grant an on-sale non- intoxicating malt liquor license to Chin Yung Inc. , 1135 East First Avenue conditioned upon receipt of a Certificate of Occupancy. CONSENT !3 �' MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Church of St . Marks- Temporary Liquor License DATE: January 23, 1995 INTRODUCTION AND BACKGROUND: The Church of St . Marks has applied for temporary intoxicating liquor licenses. The license applications are for February 25 and for July 29 & 30, 1995 at 350 S. Atwood Street . The applications and insurance requirements are in order. RECOMMENDED ACTION: Move to approve the applications and grant the temporary intoxicating liquor licenses to the Church of St . Marks for February 25 and July 29 & 30, 1995 at 350 S. Atwood Street . CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Nominations to Boards and Commissions DATE: February 7, 1995 INTRODUCTION AND BACKGROUND: Todate the City has not received any application to fill the two expiring terms on the Building Code Board of Adjustments and Appeals and on the Housing Advisory & Appeals Board. As you know, these Boards seldom meet, in fact they have met only once or twice over the past five years. Both members whose terms are expiring have been contacted and asked if they would consider being appointed for an additional term. Mr. Jim Link and Mr. Randy Laurent have stated that they are willing to be re-appointed. Their nominations should be added to the recommended action for City Council. Although the Guidelines for Appointments and Operation for Boards and Commissions provides that no person shall serve as a regular voting member on more than two boards and commissions, Council may wish to appoint Mr. Link to these two boards as well and the Planning Commission and Board of Adjustment and Appeals. In both cases the same members serve on two commissions that work closely together. There are currently four members on these two boards, so there is still a opening for a fifth member. RECOMMENDED ACTION: Move to make nominations to Boards and Commissions as follows: to Planning Commission and Board of Adjustment and Appeals, James Link, Dale Livingston, and William Mars; to Park and Recreation Advisory Board, Steve Johnson, Steven Mortland, Judy Salchow, and Robert Tomczik; to Shakopee Public Utility Commission, James Bastyr, Eldon Reinke, Andrew Unseth; to Police Civil Service Commission, Steve Johnson, Marcia Spagnolo, and Clifford Stafford; to Community Development Commission, Deb Amundson and Cole Van Horn; to Cable Communications Advisory Commission, Bill Anderson and Kenneth Scannell; to Shakopee Community Access Corporation Board of Directors, Bill Anderson, Kenneth Scannell, and Robert Ziegler, Building Code Board of Adjustments and Appeals: James Link and Randy Laurent, and Housing Advisory & Appeals Board: James Link and Randy Laurent. CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk E \6--- SUBJECT: Nominations to Boards and Commissions DATE: February 1, 1995 INTRODUCTION AND BACKGROUND: Terms on various boards and commissions will be expiring on February 28, 1995. According to Council policy, it is appropriate to make nominations to boards and commissions at this time. Appointments will then be made at the next city council meeting. When there is more than one applicant for a particular opening, the interview committee will be interviewing the applicants prior to the February 21st city council meeting. It has been past practice to nominate all applicants to the boards and commissions for which they have applied. The number of openings and names of applicants are as follows: 1] Planning Commission (2) Board of Adjustment and Appeals (2) James Link* Dale Livingston William Mars* 2] Park and Recreation Advisory Board (2) Steve Johnson* Steven Mortland Judy Salchow Robert Tomczik* 3] Shakopee Public Utilities (1) James Bastyr Eldon Reinke Andrew Unseth 4] Police Civil Service Commission (1) Steve Johnson Marcia Spagnolo* Clifford Stafford 5] Community Development Commission (2) Deb Amundson Cole Van Horn* 6] Cable Communications Advisory Commission (2) Bill Anderson* Kenneth Scannell* 7] Shakopee Community Access Corporation Board of Directors (3) Bill Anderson* Kenneth Scannell* Robert Ziegler* 8] Building Code Board of Adjustments and Appeals (2) Housing Advisory & Appeals Board (2) RECOMMENDED ACTION: Move to make nominations to Boards and Commissions as follows: to Planning Commission and Board of Adjustment and Appeals, James Link, Dale Livingston, and William Mars; to Park and Recreation Advisory Board, Steve Johnson, Steven Mortland, Judy Salchow, and Robert Tomczik; to Shakopee Public Utility Commission, James Bastyr, Eldon Reinke, Andrew Unseth; to Police Civil Service Commission, Steve Johnson, Marcia Spagnolo, and Clifford Stafford; to Community Development Commission, Deb Amundson and Cole Van Horn; to Cable Communications Advisory Commission, Bill Anderson and Kenneth Scannell; to Shakopee Community Access Corporation Board of Directors, Bill Anderson, Kenneth Scannell, and Robert Ziegler. * Indicates incumbents B&C-NOM. 95 _ ....'ham- ... ..,: ... ... .._ .... .... .. ... .:" .: JAN3 J1995 CIT ' ;.AKOP EE APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7:00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays I• hh�� in May Name : 5'CNth. L. I tart- 4. Address : 2Sq, Cpm (1044 �2 1 Phone : (H) 111( '3SS f (B) 337-3090 How long have you been a Shakopee Resident? c Morl{'fit$ Occupation: '15uSint' S 4 lCchhoI/y k yKS Co (-[cinf Does your work require you to travel? (Check one) A great deal Periodically Very Little TNot at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary), was 1-CIia;person he - Dai Procc/ssi , S�ee�'r 1 (o»,M; kc -Gr 11;flay of-Oe1 I IL • This 1 At low if, ego/life!,o/life! uor,L v��f11. Uo/on ker Gi o15 ansa( ./4 sil I- Valli.f o f/ ll li. (,c1 c �� � �f1,cr a 3 yeQrlrUi GvA GG1 15 now Board or Commission in which you are interested? lark +- 1cre,vucoh 1mel eav jScri 30R Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 14,141 reccrtfly moved Shale/re acid achip as Ilea Co44A ar 114 ?4'6ra1-12,6.ir/c(14i, .BUSktVrditi1'cu�+►•, j h 'I 2rcw• rod; to ,�L c,ooh datito-;n1 ' 'Conflict o ivriteresPihiliAtfi d a t o par is a 1.on,7i'/ ./ 374,20 activity, recommended action, or decision from which the individual" � has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No 1.0/''. If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : i. l.ACr y I A►yok - birencr of 0wAni l L X67-5''000 / 2 .Cale_ Gi Rerson, Jr - Vi 1 Trusi1ee — Vi'��� c of 6/a 1/pi it 7oj,/j7o- 23ho 3 . I hereby certify that the facts within the foregoing application ar true and o rect to the best of my knowledge. &' ' gnature l 3o 1 if Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 r.„12,144 ltv; Pte. vika ktel (10 pe Path _,�-, amee fiambrd pritsfhpi, cearalitit-tt-,, (Jo km 0,t-,d 0,./ st„, dm:4%4w /xi, litG 4.ttsf 41441/4 /)444"1" ,,164,teite-16 4;i „dry, fiteidw,,, , ,v,yArititkx. dkumqietvz- - /,,e_4*-0^4-e4. fAe. Ail--0,6-e, e a 04:14;6$4 t4A-- A.* dateAdA:t) rAt f441:4'61 e 414N"124/ Aer,s" A41,4444,64 rervimN�hl a J✓9•pvr. �`.APPLICATIONN FCC•COUNCIL ADVISORY BOARDS AND/OR COMiI,SSION v;, City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City BoaN►de and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :3.0 p.m. Park & Recreation Advisory Board 4th Monday at 7 :00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May / Name: Kea, Sc aNNt 11 Address : 42`11 E 54dAert- v du *6247 Phone: (H) t L,.f ' 76; `13 (B) How long have you been a Shakopee Resident? t ! Occupation: Does your work require you to travel? (Check one) A great deal Periodically - Very LittleNot at all Do you have any special interests or training which you feel a particular boardpor commission could use? (Use a separate sheet if necessary) l reviovs dig Cak, �od.,.r/ r Board or Commission in which you are interested? Gahm 1' ,1- d' Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: r epe.ft.5,-T 244.e 19.eo O l/r v tl Sh d 4 ola P t. o NJx A4 4. 7; /5-rvP,r , r Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No )( If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. 2 . 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature Date VAS/75 RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, --MN 55379 _ APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 : 00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May Name :,4.,7&/Z/ I /f2/74/4-z- Address :,.;9s7, 9 ! //f///c- ,t,,1/! Phone : (H) / % J //9�j (B) L`, c)/L-C`) How long have you been a Shakopee Resident? Occupation: /L, t'rrf f( /,!j / Does your work require you to travel? (Check one) A great deal Periodically Very Little )( Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) )1C /C 6'' Cs'yLWS:) Board or Commission in which you are interested? ) f/ fccfr , 7//_/T/Z-S eWm/7/55/d ' Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 7 t#o1rtsr./f/9 Twp�, -,,,,ft/61/z/ vA .t 7. (1fii 0//LX (�W/744/7)./ 7 1c&A/ -/-1/4- 7g/17n7/5-570) 1Y4_(7/17/7/$5/i ,1) V f/i// e/7- ,. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. ��e rifis ds93 / f k re%IL A/9s-- ..0' zS' 2 . DE-/tan ef &I1 /951 ti tW.AUc a/ST S15s= fid 3,181/4/ SCA/A/TT lol SO, yil,M/Al 94's' `r4' I hereby certify that the facts within the foregoing application are r e and cor ct t he b t of my knowledge . ig ature , _l// //2- J D e ✓ RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Cable Communications Commission Monday arterlyat, 7 or 30 as needed on Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays in May Name : RDe£.4 7 T: 9 L( Address : /2 3-:2- X1/2!.9 f Phone : (H) WI,-- a- 77/ (B) (0- 3-4/6-6 How long have you been a Shakopee Resident? yes_ occupation: /".Qlit/7-e/Z Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) ,,�/ 6 _e� ��� 7 z�is red.611.7m4fra) Board44/c/c, or Commission in which you are interested? Al d 24/14 o/c) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. • In accordance with this definition, do you have any legal or equitable interested in any business, however organized, whi h could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : _. vv4__:_ e/Rr7 2 . .r - 7377 - 4993l 3 Ati /l/y‘• h. %/ V I hereby cert fy that the facts within the foregoing application are true and correct to the best of my knowledge. SignatureA ///$ 4-Y Date CITY OF SHAKOPEE RETURN APPLICATION AND PLEDGE TO: JAN 3 1995 5 _ City Clerk City of Shakopee 2 p� 129 Holmes Street South - 15 U Shakopee, -.MN 55379 `JAN 3 01995 j TY OF APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South +- Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : ning Commission/Board s Thursday after 1st A - ' _ - - an. Appeals Tuesd- . ;= • • • Community Development Commission 3rd Wednesday at 5:00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays in May Name: "'Ik ` S R • dL ) )K Address : /04/7_. So Rill I.) Phone: (H) //7f f.)(5 Z-/ (B) 4/ 1.5 ' 7e /z O How long have you been a Shakopee Resident? yE'giz.� Occupation: 17FINL. } �- kg)PPck . Does your work require you to travel? (Check one) A great deal Periodically Very Little X Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) ALiadRO 04 2 t.:0\ - Z.1.06-t9 .:0\ - ,��4'r-�-- �S•�t� oL 1.l.c6-t9 13vg1 Board or Commission in which you are interested? ,; 94/G Please state briefly why you are interested in serving on this Board/Commission for which you are submittingnan application: .r L11_ ON `Q N LS Oi-TO iq- -(7)0 c--00-1Z Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be .direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, w-h}ch could be constructed as a conflict of interest? Yes No )[ If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. 2 . 3 . I hereby certify that the facts within the foregoing application ar and correct to the b- of my knowledge. Signature Date RETURN APPLICATION AND PLEDGE TO: City Clerk CITY OF SHAKOPEE City of Shakopee JAN 3 0 1995 129 Holmes Street South Shakopee, -MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30. p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Monday arterlyat, 7 or 30 as needed on Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 :00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays in May ,,// Name : � M<<- uD fes0 A) Address : /0 6 6 VA-ot) (3cra&d..) S� Phone : (H) { l D--) (B) � -2 3 —V J-c-/S How long have you been a Shakopee Resident? 3 S ==4 03 Occupation: -Auk s v (27-6 64r9 < P2o u «- Does your work require you to travel? (Check one) A great deal Periodically (-- --Very Little Not at all Do you have any special interests or training which you feel a particular board or commis ion could use? (Use £L M tiv�Ya se arat st if necessary)cti 144A2-1 ^�' 'A/H-9- Q � 64.1' Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: M 6 - 1.01 (,,,,A474 iev 7)0 • Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized,' which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. V" , (O5G Lig C—�Fry 2 . c I q6- 1 q 3 . la- i b_ LIN(' Yq6- Ic( 5V- I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . Signature /`3 i? Date CITY OF SHAKOPEE RETURN APPLICATION AND PLEDGE TO: City Clerk JAN 3 0 1995 City of Shakopee � 129 Holmes Street South ! 1 r e 2 q OA f� Shakopee, -.MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name: 70.41,E 4- Likv:Airic4 Address : 9o3 64-k A t./4 (.chest Phone : (H) 4'9 J/ (B) 6,97 1886 How long have you been a Shakopee Resident? 3%z ycs Occupation: E„rU ro c . Me-4 -,- - - Sa4e�Y —7;e_ i N,G R N Uo+rn Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all - D.-- s ►s QQX JL Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) S►z yeer. 4 es4VirodMe 634.50 14/ exyee,t ; wril pr,,,dP 44 p C.L�l►►M,ss,o,4 (....i,11, 7 l/n/i �� e eye.,,.v� e „ices 4- Vi .s _ JTAV;r.K Wfor OrK53 A vAr,ely of- Clie.) ( 8A NQS, (.4wyee-S-- 6.1 r/.Nest -*o /42) 3 , AwAre of- 1'IA,44;•45- vi-bis,,/Ness iss es, /1A✓4t A Stroma /4fe c e s 1(4 C'o; APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 :00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May Name : ROBERT - J. Z/E6Lc2 Address : /077 MER /F/EtL6 Phone : (H) 445 - 3078 (B) 887- 267/ How long have you been a Shakopee Resident? Z4 YEARS Occupation: DES/6/VE� Does your work require you to travel? (Check one) A great deal Periodically K Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Board or Commission in which you are interested? CoM/lmo/wry Access- CORP t3oAkO OF 0/REC704. Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: / AM APPLY/A/(7 FOR A PoSilio e TWAT / /./AV //EcD Foe A NUMB62 01 Ye/ies Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you' have any legal or equitable interested in anybusiness, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. 8/Ze. A4DexSoN /066 VAN 8W/V 445— /127 2 . JIM BASTK 2426 HAUER. TRAIL 445-93x3 3 . Ma RVI/A/ /085 EAST w/ww &/,Pc, .& 445-4/2o I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. 9, Signature /-28 -9S Date arrara.lAK,. RETURN APPLICATION AND PLEDGE TO: City Clerk D JAN 3 0 1995 City of Shakopee 129 Holmes Street South E C I' ►► 2 Shakopee, MN 55379 'f [. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1stTuesday at 7 :30 p.m. Adjustment and Appeals Community Development Commission 3rd Wednesday at 5 : 00 p.m. Cable Communications Commission Quarterlyat, 7 or as 30 p needed on MondayHousing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May Name: Marci Sp Egnolo Address: 94° S. Main St. Phone : (H) 445 4411 (B) How long have you been a Shakopee Resident? 31 ye-rs u ^merEk.er Occupation: Does your work require you to travel? (Check one) A great deal Periodically v Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) I ''ave bfen a r-ereher ^f the Police Civil Service Commission for 5 years. Th'_s a:porierce and the familiarity with the workings of the commission qualify me to continue as a member ce the Commission. Board or Commission in which you are interested? Police Civil Service Commission Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I have an omno_n,7 interest in the raw-,rkings" of our local nevernment_ Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or organized, which equitable interested in any business, however or g could be constructed as a conflict of interest? Yes No X If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. Wm. Herzog 949 Main St. L.45-42.21 2 . Wm. Runge 124 W. 7th 445-3665 3 . John DuBois 1305 6th Ave. W. 445-2662 I hereby certify that the facts within the foregoing application are tlue and co ct to the best of my knowledge. c.`— V/ Si.na re Ovkw-r41, / 9 Dat4 RETURN APPLICATION AND PLEDGE TO: 360193 City Clerk City of Shakopee U 5661 L Z NV Q 129 Holmes Street South Shakopee, —MN 55379 33dONVHS AO AJJO APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals hakopee Pu is i i ies Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays g 3�� in May Name: JTI - ?)" - Address : 2426 (/2E . 7Y/1VC Phone : (H) L/4 -9303 (B) 6 3 -73ng How long have you been a Shakopee Resident? Occupation: /t6N'11c.�D /t�'�f 2L`'oc�'=3 6-34 /2' Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) AID . . Board or Commission in which you are interested? ` L) c.r Un-• CCM Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: (v& -`TD 1 t/ocl f6O pi/ his a2 Jr',C *Q Pr2072--1-. 4-4 01/6925 - 6-(7 ft,e776V)< • • Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, whig could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . Pa-k) J)11L)-55 v0614q 2 . �� ' d Gam' 6ifitCf 3 . 131,-Li- /)DP. ;A) 4/41/:, 1066-: I h- .eby certify t.= the facts within the foregoing application ar- .rue and corr= o ;he best of my knowledge. Al ', 4 v�f Si :•ture 4 Mil RETURN APPLICATION AND PLEDGE TO: err(OF SHAK°PEE City Clerk JAN 2 5 1995 City of Shakopee 1 \I) 129 Holmes Street South WI " Shakopee, MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May Name: (l&ri57.0eso .S7 5 ,e 6 Address : Z3Zg-&i#9J& Gc. AX e54% j/ . Phone : (H) frS-.f ?V (B) Z -7/Dg .r/La How long have "you been a Shakopee Resident? /gyral •/!' Occupation: /, ,0 7; 042- /,G0‘9004- ,fir-7d,„J Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separ to sheet if necessary) /S'Y ��-Ss�` Lam�..-�y 4,1,7 `S .... ' Board or Commission in which you are interested? Po (ice ell ! Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: eg-- i yid' dF eest. ..c...c.Aic' 7 Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. ��AlL4 L vilne1A9 03.Sb C 'A✓o 5/Kr-3co3 2 . S9 4!% Ce �7Z Y , 1a ZT sr. os4pods 7r7-071/ 3 . ( 1//ø11e4. ads 52-10347 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signa re Date RETURN APPLICATION AND PLEDGE TO: City Clerk CITY OF SHAKOPEE City of Shakopee 129 Holmes Street South JAN 2 4 1995 Shakopee, MN _ 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 :00 p.m. Police Civil Service Commission As Needed Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name : Deb ,#-t Mc ' ' C)11 Address: /617 rS Cy) -S/ Phone : (H) Lf��-7U �/ (B) Lo&-7(-/-/G How long have you been a Shakopee Resident? / '7 C/'QVS Occupation: () '-((e Admin(.57),v(c), i.(11-( Does your work require you to travel? (Check one) A great deal Periodically Very Little Y Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate0-met if necessary) ct..2(tplu-,24A-U-4 et;/c'' , ve-exti /Y32411 4-24 cJ c k.2)a/g- -e tZ z e0n01lu1, ; live l►oleueomfi:/em c f-nirkz/ne y ► aei-«zc;L,. cE .'f.2-�aeYLet-, AJ&L€d 7 , • i i 2 ryashui listo-cc-'AA GE'c'f�.�-& 4 Board or Commission in which you are interested? e0in iCtil 71-Y Deu.e ovvo/ &him is Si oil Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ail_ a. .�tsr,c�- c t _ �l� J�23�e P / ,a2Acy- ZLeh_<„, v,, r c4 (ice c�Le..��,lhi 1le� ? ti e�.d 10e.Plow' (A,,-26 a._ ---t Gf J�e) Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No -Ae . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. —ad/l l /ec itiJ , Pr's s- M a�- a tf� i3' -k_ 00 L4) SACko/,-e L06-7,-/00 2 . e LQh 14,1f2-e44 v .ca' fAbfac4.(: cRtQ -e -h a� r.tErfe a`� i 5'/� X96,-7,{z( 3 . /71r /�� l� .) (�r/�, ; L1 � /fit ,� �� -��J''.-� I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. h Signature (//�l /QJ Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays , I in May Name : N1J krv.� lI JYE'T H Address : l 7l 1 r-Ir 3,T. s . phone : (H) -I G!(o - 1 ,5--°3 (B) 8',2,e7 - 2s-// How long have you been a Shakopee Resident? 3 '1t05 . Occupation: L ;en 1A� MGR., GR., Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) MS/k Board or Commission in which you are interested? 5f L4C Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: /1st1` I�A A1.5'b t-x,P elziEl\ ons -y- CSG GAL)r.7- A c.,t4 Ate£ TO ut :A 1`s1:, a'T N Go ve 'v.' E/-VI" L A Nyil r �tTi iNSS PA 27'J �� Tf"Y)S 196-,,s-, i j ) E� L. 1KTc� ,R Lt" A �T o !''�'l i�/'1 -7�t -rte &J-rS�' ,c- ($E. ..0 L Itt w"IK° p-E Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, w ich could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. pN `� 71-1-Ar (,)/". A -pu u5 -rc71r►ET, Please list three references (Name, Address, Phone) : 1. -=A u z 11.03-Le' J 2 L1 -7 G'tz A,v i,>= �-f, `/ (o 2 . net tet g g ft e72>< ---- b,�,�-1�►s V76-41 3 . /V r K (`/3'1 e-, I hereby cert '. tha th= acts within the foregoing application are true . nd co - - o he best of my knowledge. ,- v Sign to -,� \ l 1 Date RETURN APPLICATION AND PLEDGE TO: CITY OF SHAKOPEE " City Clerk City of Shakopee JAN 9 1995 129 Holmes Street South Shakopee, MN 55379 RECEIVE APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have f .11 .4 - to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May il Name : 1W/��/A/Y1 / "' to/IAddres : /46� phone: (H) L/OSLf z2g (B) 2 / z t Z How long have you been a Shakopee Resident? 6 (F S Occupation: /i!i/`e6 'ZJ � i/C ` d Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do ou havespecial interests or training which you feel a Y any P particular board or commission could use? (Use a separate sheet if necessary) 4 Zv‘ - of --14-e_ fit,,,-ptire. crioA3 S4w►�+rv►.Y t� kJ —E-o tee. Qinw►l.)sli-E- A . Board or Commission in which you are interested? iAnn1n ct ir 6 ' A Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: -r C:yno 4 `44-c- Jo-s I a.rs t 3s d-i' 1 v vyr _ c---, c.St. S 9V ,z) .,..4- Q.c mm ,...,c1- c .vim. e..Y,Jc,y-e4. r4.A -\-'virv1/42 +d C crY\-1 fl LQ. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, 00h could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references/ (Name, Address, Phone) : 1. i , /°I o Nb i n ,c"> c7 a vpi(3, G eGu,s►,.5--as2.k© ti45`iact(o 2 . o Gl,�. / -,K,r n. i f mer r►a--sl-s CD 33"1 i Ireby cer ' fy that the facts within the foregoing application ar;:Y orrect to the best of my knowledge. lKOv- Signature 1 lP `-i Date RETURN -APPLICATION AND PLEDGE TO: Principal Financial Securities,Inc. City C1erk -ekrnent Banters•Mintier New rpk Stock Euronpe City of Shakopee CITY OF$HAKOPEE 129 Holmes Street South William Mars - Shakopee, _-MN 55379 JAN 9 1995 ^ (612)342-0657 - -. �j 1-800-331-4923 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly; you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board o Review 7 :00 p.m. 2 to 3 Tuesdays in May Name : S4C �"' �� Sd../ Address : a (3 c wolf Phone : (H) 4-0713— -(6 (B) iO How long have you been a Shakopee Resident? S Occupation: 404- 0 CSN C Does your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular b9�rd or commission could u ? (Use a separate s eet if necessary) Vtt5± O -.-Cc a r..., ,-( °- £-c %S0 Cv tom= r x P (,.-cam- 0._. SC 0 ( ( 7-1(--7-/--f: P/11A-/rad41---d pi_57,-- CKCy_!1- 4r a _ S 4,.. ✓,-t.-- / (-ted ci5oa 5, ,d or Commission in which you aiointterested?n '/ ..-- ,(__ 6-c„....-4_4„,, ,> ,o, (/(G.: l� i.� , 1 ..f o-c„),%C: Please state briefly why you are interested in serving on this OBoard/Commission for which you are submitting an application: / �_ 1 o „-y(--(c 4--c- f -A 1,(2> - A��o6.1 C< C Cc ,.� - G ,.....ret At v, 11,a Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, w4i eff could be constructed as a conflict of interest? Yes No // If yes, please provide the details on a separate sheet of paper. Please list threereference references (Name, Address, Phone) :hone) : 1. 46c1, -- 0.711() .DG`( ✓ / c/,c..,) OW( J '" [i3 r ? 0 �O 2 . Ft-ci ( ta-rer U-5kf4e t.--J 3d (9(C,-kJr. ) tutu.---- CO 6 3 f 3 G 3 . Ude --/ 11,1 C' el d .—) (/G'c9— Ci rte,.-'. `a O,otak' VC11" ole '17 I ereb certify that the facts within the foregoing application ar_ tr . -- `r /Orct to the best of my knowledge. 41,1 . 44110° ure / — , 4, Date RETURN APPLICATION AND PLEDGE TO: C OF City Clerk S�AKOpEE City of Shakopee o JA N 129 Holmes Street South 6 1995 Shakopee, --MN 55379 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name: C��� ^/ Address :Y-7 S Phone : (H) Cc S73 (B) - Zi/Z How long have you been a Shakopee Resident? 9 Occupation: 5-1Z- Does f' LDoes your work require you to travel? (Check one) A great deal Periodically Very Little Not at all Do you have any special interests or training which you feel a particular board or com ission c uld use? (Use a separate sheet if necessary) 0/e_f- C4/R Cr_ 00__ Board or Commission in which you are interested? C Dc Please C- Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: /Nl S,c-/ C.,01,12.k onJ '0o z u,/T-(5iv,,) £.C,T_S' -� )0.51.4.‹ c",te CD e /9,-5 - Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No/K If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. 2 . 3 . I hereby certify that the facts within the foregoing application ax are tue and c rrect to the best of my knowledge. A . Signature /-s-is Date RETURN APPLICATION AND PLEDGE TO: City Clerk CITY OF SHAKOPEE City of Shakopee ^1 129 Holmes Street South JAN 6 1995 Shakopee, --MN 55379 E lin IP nn 2 -`/ APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name : J► cA L, 1�Y1 T Cd e_h c-,t_tr: Address: !; C[C; ,i11�,-; t`l Phone : (H) L/ (7 ( (B) How long have you been a Shakopee Resident? 7 '/;,\ L.11 4 Occupation: nc.t F Does your work require you to travel? (Check one) A great deal Periodically Very Little u Not at all Do you have any special interests or training which you feel a particular board or commission could use? (UsA a separate sheet if necessary) _._] i. Or\ (?-1r-1 I-11e spCu4. c\c\r (' \11 A-t t Oc KzA t ) . 1 e , mi-‘ -Tt---,R_ CVM I C ) 4 0)4 c� Board or Commission in which you are interested? Park Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: V _.L. F I\ \ms c 01 nn l— or = a R' C r n ci prescflormS � � 1 �n 0 . (,2. C a c E �- CI ct td-1-3 �1� (Loco E�-«r\r\ Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . F7 "Ci11 of-nP (A -req-7 fl -5eNt.q •- A :-) -cilt E 445- 33-T3 �} 2 . RE • . 2.;p F O 1CY7 'b 0,3,:f. W) hAkopE.F LJ45-C14-74 3 0.yr L. f sk•I C Q ' c-,I !"1 aOF *1_0 (-- 6Ltcm-4_0-.11e 507-':'53 - inn `:3,.,U / I hereby certify that the facts within the foregoing application acre true and correct to the best of my knowledge. Cd C _VIA; LL; Sign ture0 (o _ IC' - ({`:, Date RETURN APPLICATION AND PLEDGE TO: City Clerkifts City of Shakopee 129 Holmes Street South C F)" :_-._: Shakopee, MN 55379 . 3,,,,,) MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer DribJ SUBJECT: Assessment Policy Revisions DATE: February 1, 1995 INTRODUCTION: Attached is Resolution No. 4164, a resolution amending the Special Assessment Policy. BACKGROUND: During discussion on the Sanitary Sewer Fund and reconstruction of existing sewers, the City Council expressed an interest in assessing a portion of the costs to the benefitted property owners. In reviewing the Special Assessment Policy, staff identified a couple other clarifications to the policy that are recommended in regard to storm sewers and sidewalks. The attached resolution amends the current Special Assessment Policy as it pertains to sanitary sewer, storm sewer, and sidewalks. SANITARY SEWER RECONSTRUCTION Section X, Subdivision D,of the Special Assessment Policy states that "The replacement of existing sewers will not be assessed but rather paid for 100% by the City using either the Sanitary Sewer Enterprise Fund or other funding sources identified by the City Council." Staff is recommending that this paragraph be eliminated and replaced with language allowing for assessing 25% of the cost of reconstructing an existing sanitary sewer to the benefitting property owners, with the remaining 75% being funded by the Sanitary Sewer Fund (base rate account). The assessment rate of 25% was chosen to comply with the Street Reconstruction Policy (25% assessment), and to allow bonding for the project if needed (must assess at least 20% of project costs to issue G.O. Bonds). STORM SEWER Section 12.06 Subdivision 9, Drainage, requires "a [drainage] system that will adequately take care of runoff within the subdivision shall be provided". These improvements are typically installed by developers at their cost. Where the City runs into a problem is if a developer petitions the City to construct roadways within a new subdivision. When the developer petitions, the City utilizes the Special Assessment Policy to determine how the project costs are assessed. Section X, Subdivision C, of the Special Assessment Policy states that new trunk or lateral storm sewers are funded 100% by the Storm Sewer Utility Fund. In the case of a new roadway (and associated storm sewer) being petitioned for by the developer, the Storm Sewer Fund will pay for storm sewer costs which would otherwise be paid for by the developer. To address this situation. staff is recommending that a third category be added to Section X, Subdivision C, allowing for fully assessing storm sewers to the developer on projects petitioned for by a developer, with oversizing (if any) being funded by the City Storm Sewer Utility Fund. SIDEWALKS As with the storm sewer,the City Code requires the installation of sidewalks adjacent to collector and arterial streets within new developments at the developer's expense. However, if these sidewalks are petitioned for by a developer and constructed by the City,the costs for the sidewalk could not be assessed under the current Special Assessment Policy. This is another instance where the City would pay for an improvement which would otherwise be a development cost simply by virtue of the project being petitioned for rather than constructed by the developer. Staff recommends adding a Section Number 4 to Section X, Subdivision B, allowing for fully assessing sidewalks to the developer on projects petitioned for by a developer. The issues with the storm sewer and sidewalks are relatively uncommon, exception State Aid Routes. In order for the City to use State Aid Funds on a project, the City must let the contract as a City project. For State Aid Projects through new plats, the City has encouraged developers to petition the project so the City can take advantage of State Aid Funding. ALTERNATIVES: 1. Adopt Resolution No. 4164. 2. Deny Resolution No. 4164. 3. Modify and adopt Resolution No. 4164. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4164, A Resolution Amending the Special Assessment Policy with Regard to Sanitary Sewer, Storm Sewer, and Sidewalk, and move its adoption. DMN/pmp POLICY RESOLUTION NO. 4164 A Resolution Amending The Special Assessment Policy WHEREAS, on January 19, 1992, the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735; and WHEREAS, the City Council desires to amend the Special Assessment Policy. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: The Special Assessment Policy is hereby amended as follows: 1. In Section X, D the text "The replacement of existing sewers will not be assessed but rather paid for 100% by the City using either the Sanitary Sewer Enterprise Fund or other funding sources identified by the City Council." Will be deleted and replaced with: "The Replacement of existing sanitary sewers shall be 25% assessed to the benefitting property owners. The remaining 75% will be paid for by the City using either the Sanitary Sewer Fund or other funding sources identified by the City Council." 2. In Section X, C, Items A and B will be renamed to Items 1 and 2 to conform to policy formatting. 3. In Section X, C add a New Section, Item 3 as follows: 3. New Plats Storm drainage facilities installed by the City at the request of a developer will be assessed to the developer 100%. If the facilities are oversized to accommodate drainage from areas outside the plat, the City will pay for the oversizing from the Storm Drainage Fund. 4. In Section X, B add a new Section, Item 4 as follows: 4. New Plats Sidewalks required within a new plat will be 100% assessed to the developer. These policy changes shall become effective on February 13, 1995. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT: MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer p SUBJECT: City SAC Charges DATE: January 31, 1995 INTRODUCTION: Attached are Ordinance No. 402, an ordinance authorizing sewer availability charges, and Resolution No. 4165, a resolution amending the 1995 Fee Schedule. BACKGROUND: During discussion on the Sanitary Sewer Fund and financing options for the Chaska Interceptor, the City Council expressed an interest in establishing a City sewer access charge (SAC). The attached ordinance amends the City Code to authorize imposing sewer availability charges, and the attached resolution amends the existing 1995 Fee Schedule by establishing a City SAC charge. The cost driver analysis presented to the City Council in December identified two possible funding sources for interceptor sewers, (including the Chaska Interceptor and future interceptors) the sanitary sewer flow charge and a City SAC charge. The cost analysis presented to the City Council was based on the assumption that the cost for interceptor sewers would be funded 50% from flow charges and 50% from City SAC charges. This would set the 1995 rates at $1.74/1,000 gallons flow charge and $400.00 (rounded off) per SAC unit as a City SAC charge. This cost split is recommended by staff, although the City Council may want to specify some other cost split percentage. The attached ordinance also deletes redundant language regarding refuse. ALTERNATIVES: 1. Adopt Ordinance No. 402 and Resolution No. 4165 (using a 50/50 cost split). 2. Adopt Ordinance No. 402 and amend Resolution No. 4165 to provide for some other cost split. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Ordinance No. 402, An Ordinance Adding Sewer Availability Charges, and move its adoption. 2. Offer Resolution No. 4165, A Resolution Amending the 1995 Fee Schedule, and move its adoption. DMN/pmp MEM4165 ORDINANCE NO. 402, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE BY REPEALING SEC. 3 . 02, FIXING RATES AND CHARGES FOR SEWERAGE SERVICE AND REFUSE COLLECTION, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City Code is hereby amended by repealing Sec. 3 . 02, Fixing Rates and Charges for Sewerage Service and Refuse Collection and adopting one new section in lieu thereof, which shall read as follows : SEC. 3 .02. FIXING RATES AND CHARGES FOR SEWERAGE SERVICE AND All rates and charges for sewerage service and rcfusc collcction, including, but not by way of limitation, rates for service, alikanninfAe connection, disconnection; and reconnection fees, including g "penalties for non-payment, if any, shall be fixed, determined and amended by the Council and adopted by resolution. Cuch rcoolution, containing the cffcctivc datc thcrcof, shall be kcpt on filc and- opcn to inepcetion in the officc of the City Administrator and ohall be uniformly cnforccd. Note: The atrickcn language is deleted; the NEOHMS46tia language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk • Approved as to form: 40 , -- / City Attorney Published in the Shakopee Valley ears on the day of , 1995. [1ORD] RESOLUTION NO. 4165 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE FEE SCHEDULE BY REVISING THE SEWER AVAILABLE CHARGES. WHEREAS, on December 20, 1994, the City Council adopted the 1995 Fee Schedule by Resolution No. 4143; and WHEREAS, the Sewer Availability Charges set in the Fee Schedule now need to be amended. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4143, the 1995 Fee Schedule, is hereby amended on page 13 as follows: Standard Service Availability Charge (SAC) Units for Various gamodgpg Commercial, Public, and Institutional Facilities will be .applied asspecifiedo andafpcd b n . . . c > . . r. e . . . ual:: est >etion : forwardcd to MWCC) vv;.;.;iY;iii::iii::isjii:>-'�i.};.::::i::i::i::::::i:'...,,::.'::::::::+i:;i:yi}ii:;{:;: ` ' >fee:::> IMAIt as:: to s miewatimeaugimmaisommumstiameamissamesotim motrop ><> >< > m < `::i ettagatitmehameings*0 00,144 dime Rcoidcntial BAC Charq (Mandatcd by MWCC) (Thc3c fcc3 forwardcd to MWCC) . Rcoidcntial $850/Unit Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [te] / JD MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Ryan Contracting Wetland Replacement DATE: February 3, 1995 INTRODUCTION: Attached is Resolution No. 4170, a resolution approving a Wetland Replacement Plan for 0.34 acres of wetland located in the southeast 1/4 of the southeast 1/4 of Section 12, Township 115, Range 22. BACKGROUND: The Wetland Replacement Plan proposed by Thomas and Debra Ryan (of Ryan Contracting, Inc.). involves filling a 0.32 acre Type II Fresh Meadow Wetland and a 0.02 acre Type I Seasonally Flooded Wetland in a primarily heavy industrial area in northeast Shakopee (see attached map). The wetlands to be filled are proposed to be replaced at a 2:1 ratio with Type IV Deep Freshwater Marsh Wetlands through the State of Minnesota Wetland Banking Program. The purpose of filling the wetlands is to provide outside storage for machinery and materials used in construction activities. The Technical Evaluation Panel (TEP) has reviewed the replacement application and visited the site. The TEP is recommending approval of the Replacement Plan based on the following comments: 1. The wetlands have been significantly disturbed by fill predating the Wetland Conservation Act. (Reference aerial studies 1980-1993 and aerial photos from 1940, 1964, 1970, and 1980). 2. The land uses adjacent to the wetlands will greatly reduce the function and value of the wetlands in the future. 3. Adjacent development has isolated these wetlands from other natural areas(woods, wetlands, grassland, etc.). 4. The proposed replacement wetlands are within the same watershed and are of greater value than the wetlands being filled. In summary, the TEP felt that the viability of the existing wetlands on the Ryan property was questionable at best while the replacement wetlands were of higher quality and value. As required by law, a 30 to 60 day comment period was provided during which interested parties could express their concerns regarding the proposed Replacement Plan. No public comments were received by staff for this Replacement Plan. ALTERNATIVES: 1. Adopt Resolution No. 4170. 2. Deny Resolution No. 4170. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4170, A Resolution Approving a Wetland Replacement Plan for Ryan Contracting, Inc., and move its adoption. DMN/pmp MEM4170 • 13th AVENUE ___ 350.00 __ ' • L ---- —1189.59'53E-{--•--�:—•—_ —. ' ", OM." ------------ •'I...70•t,a.-,•r•,..t• „.,,I R,«, MI'I -'I•, R..,, MP o,r..n,o 7.:roy}7r�7�([�o..v/ "� I F ti=i ! I i I • \ til - ,•' / r • \ ' -y `141•1ig '•1 ./ ` ee )N �" ._.T ' �F ` tl •:r 1 5/1 1 IiI I I' °i 11411 colt I ; 'a;� . 1iF F 4 1 fi I 1 sl'' •] ig n6' CHAIN siligK FENC •f�.. • ,6'CHAIN LINK F:NCE1?,n' ..I. Ole . \` N t m, 'Z 1Bkg6 c •t I • �N �` \ m \, "_ ',I Z -si -likik.,1: 's \ '. -1 1 \• Z°' • ,, `.+>o• • 0 r , - 7,r i? f/ ' ' 1 Cl . 11 ° r q•S r fes•• ,''. . x Nye �! • •, :it O i i ,r �r I ', _ .............. 7711 .1 o •, C \. r • • •7v j 1—\.•31 ; toil t PI •',j``�� ���'/�. w.o _ fi' CHAINI INK FENCE �1` u•• \ - 0 R1.7-n,w•r.:;w/o;WNW. .- 550.00 ___ �� ire• _'' r -N89.59'53':E ���� z . a� g C i t r, i $ 1 ' C Z / N- ,/. A •1;1 PI f) - 1 11 1 `- i=v: -z1 = ri• 4171 moi, 1.. •1;1- _ -71. r 're' •. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 4170 A Resolution Approving A Wetland Replacement Plan For Ryan Contracting, Inc. WHEREAS, the City has received a Wetland Replacement Plan from Ryan Contracting, Inc., the applicant for wetlands located in the southeast 1/4 of the southeast 1/4 of Section 12, Township 115, Range 22; and WHEREAS, the applicant has exhausted all possibilities to avoid and minimize adverse wetland impacts; and WHEREAS,the applicant has demonstrated that the proposed Wetland Replacement Plan complies with Minn. Rules parts 8420-0540 and 8420.0550; and WHEREAS, public notice of the proposed Wetland Replacement Plan was published in the "Environmental Quality Board Monitor" (EQB) and in the local newspaper; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan;and WHEREAS, more than 30 days but less than 60 days have elapsed from the later of the mailing of notice, publication in the Environmental Quality Board Monitor, or publication in the newspaper; and WHEREAS,the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Based on the replacement standards in Minn. Rules parts 8420.0630, and on the recommendation of the Technical Evaluation Panel,the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective 30 days after mailing of a copy of this decision to the Environmental Quality Board Monitor for publication. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer /J SUBJECT: West Side Flow Allocation Study DATE: January 30, 1995 INTRODUCTION: Attached is Ordinance No. 400, Fourth Series, an Ordinance Amending Chapter 3, Municipal and Public Utilities by Repealing Section 3.21, Limitations on Discharge into the Sanitary Sewer. BACKGROUND: On November 1, 1994, the City Council entered into a consultant contract with Short-Elliott- Hendrickson, Inc. (SEH) for performing the West Side Flow Allocation Study. The report has been competed and is attached for Council review. The primary focus of the study was to determine if the existing sanitary sewer discharge limitations for the west side area could be lessened or eliminated. The study concluded that the current land uses and possible future land uses (per current zoning) would not adversely affect the existing sanitary sewer system. This being the case, the report concludes that the existing flow allocation ordinance is no longer needed. A secondary purpose of the report was to determine if the area west of Tahpah Park and north of the T.H. 101 Bypass which was annexed from Jackson Township could be served by the VIP Interceptor Sewer. The report concluded that the area could be served at the current single family zoning (2.5 dwelling units/acre), but a change in the zoning to higher density development would require upgrading a restricted section of the VIP Sewer just west of County Road 16. Staff will utilize this information in reviewing development proposals for this area and making recommendations to the Planning Commission and City Council. The consultant contract was for a not-to-exceed figure of$7,000.00. The total invoice for this project is $6,409.69. ALTERNATIVES: 1. Adopt Ordinance No. 400, Fourth Series. 2. Deny Ordinance No. 400, Fourth Series. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 400, fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchisees and Rates, by Repealing Sec. 3.21, Limitations on Discharge into the Sanitary Sewer and move its adoption. DMN/pmp ORD400 ORDINANCE NO. 400, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 3, MUNICIPAL AND PUBLIC UTILITIES, RULES AND REGULATIONS, FRANCHISES AND RATES, BY REPEALING SEC. 3 .21, LIMITATIONS ON DISCHARGE INTO THE SANITARY SEWER. WHEREAS, in 1977 the City lacked adequate sanitary sewer to serve an area of the City located generally south of Highway 169 and draining northward, located within Section 11, Township 115, Range 23, Scott County, Minnesota, without a risk of overflow with resulting damages, inconveniences, and danger to the public health; and WHEREAS, since 1977 portions of this area have developed and additional sewers constructed, giving the City new and more complete information regarding sewer flow; and WHEREAS, the City now finds that the land located within the area described in Ordinance 386 can be adequately served by sanitary sewer, and that the restrictions imposed by City Code Sec. 3 .21 are no longer necessary. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, is hereby amended by repealing Sec. 3 .21, Limitations on Discharge into the Sanitary Sewer. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: i� y,,, _�, , 6 / City Attorney Published in the Shakopee Valley Newdon the day of , 1995 . [24MEM023 U I 1 U West Side Flow Allocation Study I I City of Shakopee 1 Minnesota I SEH No. SHAK09502.00 I January 11, 1995 I I I I I I I ISHORT ELLIOTT HENDRICKSON INC . =SEN I M ULTIDISCIPLINED. I SINGLE SOURCE. 1 West Side Flow Allocation Study ' City of Shakopee Minnesota ' SEH No. SHAKO9502.00 January 11, 1995 I I I 1 I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Registered Professional ' Engineer under the laws of the State of Minnesota. l' Daniel R. Boxrud, P.E. F ,G Date: ( ' ( ) Registration Number: 12121 Reviewed By: ./ l / �Z I�( a Date: -(( —`Is- Short Elliott Hendrickson Inc. 5909 Baker Road Suite 590 ' Minnetonka, Minnesota 55345 (612) 931-9501 5909 BAKER ROAD,SUITE 590,MINNETONKA,MN 55345 612 931-9501 FAX 612 93 1-1 188 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION ' January 11, 1995 RE: Shakopee,Minnesota West Side Flow Allocation Study SEH No: SHAK09502.00 Mr.David Nummer, Staff Engineer City of Shakopee ' 129 Holmes Street South Shakopee MN 55379-1376 Dear Dave: The City Council authorized SEH to perform a detailed study of the sanitary sewers in the area lying west of County Road 15, east of Trunk Highway 169, and north of the Trunk Highway 101 Bypass. The purpose of the study was to determine if sewage allocations need to be continued as required by City Code Section 3.21. This report summarizes the results of the study.We will be pleased to review its contents with you or the City Council at your convenience. Sincerely, A , v aniel L1R. Boxrud, P. . 111 ymb I 1 I I I SHORT ELLIOTT HENDRICKSON INC. ST.PAUL,MN ST.CLOUD,MN CHIPPEWA FALLS, WI MADISON,WI 1 ' Table of Contents ' Certification Letter of Transmittal Table of Contents I. Background 1 ' II. Analysis Approach 1 III. VIP Trunk Sewer System 3 ' IV. West District Sanitary Sewer 3 V. Conclusion and Recommendations 5 Drawings ' Tables 1 1 I I 1 January 11, 1995 I. Background The existing restriction on sewage flow identified in City Code Section 3.21 was based on an engineering study prepared in 1975. That study was conservative in nature compared to current design standards. Businesses tend to not generate as much sewage today as in the past, partially due to ' environmental awareness and partially due to the cost of treatment. Also, in the 1975 report the peak hourly flow was assumed to be four ' times the average flow. Current methodology would identify a peaking factor of four for only the most upper reaches of a sanitary sewer system. The likelihood of such peaks occurring downstream in a larger system is more remote. Recent development inquiries have been made regarding lifting the existing allocations of sewage flows in City Code Section 3.21. This possibility was examined based on a reanalysis of the sewer system and actual development which has occurred after 1975. In addition, the ' extension of the VIP trunk sewer was analyzed as a possible receiver of diverted flow from the area subject to flow allocation. ' The newly adopted zoning map is consistent with the land use plan in place when the new Comprehensive Sanitary Sewer Plan was developed. Accordingly, the flows projected in the Comprehensive Sanitary Sewer ' Plan should not be affected by the recent zoning map adoption. A copy of a portion of the "Ultimate Trunk Sanitary Sewer System"map from the new Comprehensive Sanitary Sewer Plan is attached near the back of this ' report as Drawing No. 1. The study area is in the West District, specifically sewer subdistrict WD-C. A copy of the existing zoning map for this study area is included with this report as Drawing No. 2. II. Analysis Approach For purposes of this study and to help ensure future sewer system needs are met,it was assumed there would be minor deviations in development from that shown on zoning map. The Trunk Highway 101 Bypass right- of-way is shown as AG on the zoning map. A portion of that zoning district protrudes into the R1B zoning district(see Drawing No. 2). The protrusion was assumed to someday be declared excess property by Mn/DOT and sold to the adjoining property owner as R1B property. Drawing No. 3 reflects the elimination of the AG protrusion into the R1B zoning district. Another assumption was that the two AG properties along ' Trunk Highway 169 north of Trunk Highway 101 Bypass right-of-way would be rezoned B1 prior to development. 1 SHAKO9502.00 Page 1 1 ' A more exact measurement of sewer district JT-O(identified on Drawing No. 1) was also made based on better Trunk Highway 101 Bypass ' location information now available. This study required that the existing sanitary sewer system be examined in much more detail than was necessary for the new Comprehensive Sanitary Sewer Plan. This included adding to the analysis the VIP trunk sewer extensions which have recently been completed in the Vierling Drive alignment westerly of County Road 15 to approximately ' Presidential Lane. This location is consistent with point 56 on Drawing No. 1. During preparation of the new Comprehensive Sanitary Sewer Plan,it had been determined that portions of the VIP trunk sewer system west of County Road 16 would be surcharged as much as 2.14 feet. This was determined to not be a problem for the adjoining properties or sewer connections. The VIP trunk sewer from County Road 16 (point 44 on ' Drawing No. 1)westerly to point 56 was broken down for this study into a greater number of segments than was done for the new Comprehensive Sanitary Sewer Plan. This was done to better determine the impacts of ' possible diversions to the VIP trunk sewer from sewer subdistrict WD-C. A computer model was set up for the resegmented VIP trunk sewer system in order to analyze various service alternatives in this study area. ' For purposes of this study, peaking factors currently used by the Metropolitan Council Wastewater Services were used, as they were for ' the new Comprehensive Sanitary Sewer Plan. The City of Shakopee recently constructed the 12-inch forcemain ' southerly from Rahr Malting (point 69 on Drawing No. 1) and the 15-inch gravity sewer southerly from the south side of the correctional facility to the VIP interceptor extension(point 52).Additional flow was diverted to the VIP trunk sewer from the correctional facility and from the elementary school in sewer subdistrict WD-B. The first computer run attached as Table 1 identifies the amount of surcharging which is projected to occur ' with this additional flow. The maximum surcharge is now projected to be 3.4 feet at a point 733 feet west of point 45. As part of this study, this was checked against the connecting sewers and found to be an acceptable ' amount of surcharge. This became our base for analysis of alternative solutions to the flow allocation issue. ' The first alternatives considered diverting a portion of sewer subdistrict WD-C lying southwest of Valley Mall to the VIP trunk sewer. These alternatives resulted in unacceptable levels of surcharging of the VIP trunk ' sewer. Further alternatives therefore considered sewage areas generally consistent with Drawing No 1. West Side Flow Allocation Study SHAKO9502.00 Shakopee, Minnesota Page 2 III. VIP Trunk Sewer System Table 1 cited above demonstrates that the maximum amount of ' surcharging which is projected to occur in the VIP trunk sewer is 3.4 feet on the easterly end where a 14-inch diameter pipe creates a restriction. This surcharge decreases as one moves up the pipe to the west. Other minor surcharges occur west of point 52,but none are significant nor will they likely adversely affect the adjoining properties. This has been verified by review of the existing sanitary sewer system. There have been inquiries of City staff by developers about changing the single family residential(R1B)land use in the JT-O district to multi-family ' residential (R3). Table 2 shows that the maximum surcharge goes up to 4.1 feet, with other surcharges generally being on the order of 2 feet or- more all the way to the west side of County Road 15. Review of the adjoining sewer connections to the VIP trunk sewer indicates that this amount of surcharging is unacceptable. ' Table 3 shows what happens if the multi-family residential is allowed to occur,but with the restrictive 14-inch pipe being replaced with an 18-inch pipe (fourth line from the bottom of the Table). The surcharge in the ' lower reaches of the VIP trunk sewer is acceptable. Surcharges in the vicinity of County Road 15 again are on the order of 2 feet due to the larger flow from the R3 zoning.This surcharging in the recently installed ' 10-inch sanitary sewer could be tolerated because all new buildings constructed in the vicinity are adequately above the surcharge elevation. ' If multi-family residential was allowed in JT-O,the 14-inch sewer in the VIP trunk sewer system would need to be replaced at a cost of$30,000 or more. Table 4 reflects a similar scenario. This scenario takes into account the possibility that Rahr Malting may still construct a private process water ' treatment plant,avoiding discharges to the VIP trunk sewer. JT-O would be allowed to develop as multi-family residential. The 14-inch sanitary sewer would not be replaced. Table 4 shows that no surcharging would ' occur in the VIP trunk sewer under this scenario, but the surcharging in the 10-inch sewer in the vicinity of County Road 15 would still occur. IV. West District Sanitary Sewer Drawing No. 3 is the new zoning map with modifications made to depict certain assumptions of this study. The skeleton of the existing sanitary sewer system in the West District has been identified by key manholes and connecting pipes. The manholes are numbered per the"Existing Sanitary • ISewer System"map prepared as part of the Comprehensive Sanitary ' West Side Flow Allocation Study SHAKO9502.00 Shakopee, Minnesota Page 3 I I Sewer Plan. Through use of various shadings, service areas tributary to Ieach manhole are identified. For example,manhole WD 126 is modeled to receive flow from the lightly shaded area surrounding it. Similarly, WD127 receives flow from the dotted area,WD117 receives flows from the crosshatched area south of it, and WD 10 would receive flow from the heavy crosshatching lying southwest of it. IExisting flows for the Valley Mall in the business (B1)zoning district and the townhouses in the R3 district southeast of the Valley Mall were I obtained. Single family residential land use was assumed to generate sewage at 800 gallons per acre per day which is in accordance with the new Comprehensive Sanitary Sewer Plan and the 1975 study. Other uses I within the study area were projected to have sewage generation rates in accordance with the new Comprehensive Sanitary Sewer Plan and the appropriate peaking factors. ITable 5 indicates the results of this analysis. Peak flows only slightly exceed available pipe capacity between manholes WD50 and WD40. I I . This would indicate that the flow restriction identified in City Code Section 3.21 could be lifted. I One might have a concern that the existing flows from the existing developed properties may not be their ultimate flows for that kind of land use. For example,the existing mall may someday have other tenants which I generate more sewage. If the existing mall flow increases to the design flows in the Comprehensive Sanitary Sewer Plan, there would be no surcharging downstream of WD18,but there would be surcharging which I would peak at 0.77 feet at manhole WD-50 and become no surcharge again at manhole WD-117. This is shown in Table 6. Review of the adjoining sewer connections indicates that this surcharge would not Iimpact adjacent residences. One other developer inquiry should be commented on atthis time. There I is quite a bit of Mn/DOT right-of-way in the vicinity of the new alignment of Trunk Highway 169 just north of the new Trunk Highway 101 Bypass. This right-of-way is now all identified as AG and is labeled "not I serviceable" on Drawing No. 3. One development proposal anticipates Mn/DOT releasing some of this right-of-way for development. This right- of-way cannot be served by the existing VIP trunk sewer for reasons I previously cited.As demonstrated in Table 5,there would not be adequate capacity for this additional area in the West District sewer system. If this area is to be served, it would need to be done after further development I was completed and a reanalysis of actual flows had occurred. Alternatively, zonings could be changed so that less sewage would be generated, or a flow allocation restriction could again be imposed. I I West Side Flow Allocation Study SHAKO9502.00 Shakopee, Minnesota Page 4 1 i V. Conclusions and Recommendations 1. The existing VIP and West District sewer systems are adequate to serve the sewer districts as identified in the new Comprehensive Sanitary Sewer Plan. Therefore, use of the sewage flow allocation ordinance is no longer necessary. ' 2. Additional flows to the VIP trunk sewer caused by either rezoning or diversions create unacceptable surcharging in the VIP trunk sewer in ' • the 14-inch segment west of County Road 16 and upstream, and additional surcharging in the newly installed 10-inch sanitary sewer west of County Road 15. ' 3. A change in land use for sewer subdistrict JT-O from single family residential (R1B) to multi-family residential (R3) could be ' accommodated in the VIP trunk sewer if the 14-inch segment is replaced at an estimated cost of$30,000.This is based on a projected flow of 0.098 million gallons per day from subdistrict JT-O if ' developed as R3. If Rahr Malting should someday construct a process water treatment plant, the 14-inch sewer replacement would not be necessary. ' 4. Any changes to the zoning or limits of the sewer service areas will require a future detailed analysis of actual flows after more development occurs. 1 1 1 1 West Side Flow Allocation Study SHAKO9502.00 Shakopee, Minnesota Page 5 • • t4f. Q �', i -: t m ; cede 1 ". trio U . 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Kraft, City Administrator RE: Lease Renewal/Senior Nutrition Program DATE: February 1, 1995 INTRODUCTION: In 1979 the City entered into an agreement with a group by the name of 200 Levee Drive Associates, Ltd. For the purpose of providing space for senior citizen programs. This lease will expire this year and there is opportunity for the Council to renew the lease. BACKGROUND: The original lease agreement provided for three five year leases between the two parties for a lease amount of $1 . 00 per year. The lease agreement further indicated that it would be possible for the City to lease the property for two additional five year periods. However, the fourth and fifth five year terms call for a payment to the Lessor (200 Levee Drive Associates, Ltd. ) of an amount equal to 70% of the fair market rent of the space. The lease further indicates that the fair market rent of the space should be determined five months prior to the commencement date of the renewal term. The completion date as described in the contract was December 10, 1980 . Therefore the current lease will expire on December 10, 1995 . The option to renew provision of the lease indicates that the City must provide written notice not less than 200 days prior to the expiration of the lease. Therefore, the written notice must be sent no later than May 24, 1995 . If the City Council should decide not to renew this lease the nutrition program's sponsor should be notified in advance so they can make other arrangements for space for the senior nutrition program. RECOMMENDATION: This is a policy decision to be made by the City Council . There are no statutory requirements that the City Council provide space for a senior nutrition program, however I believe the program benefits a large number of Shakopee residents. The City Council should discuss this program and provide direction to the staff as to whether negotiations should be initiated with the Lessor to renew this lease for an additional five year period. ALTERNATIVES: 1 . Direct the staff to begin negotiations to renew the lease with 200 Levee Drive Associates, Ltd. according to the provisions of the lease. 2 . Direct the staff to notify the Lessor that the City is no longer interested in leasing space at the 200 Levee Drive building. 3 . Direct the staff to notify the CAP Agency that the City Council will not be providing space for the senior nutrition program after December 10, 1995 . RECOMMENDATION: It is recommended that the City Council direct the staff to begin negotiations with 200 Levee Drive Associates, Ltd. for the renewal of 2, 343 sq. ft . in the 200 Levee Drive building. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Black Powder Shoot - Murphy's Landing DATE: 02 01 95 INTRODUCTION: Ms. Shirley Olson, Executive Director of Murphy's Landing has requested permission from Council to hold 3 black powder shooting events at that location in 1995. BACKGROUND: Use of firearms is prohibited at Murphy's Landing unless approved by Council in accordance with Section 10:20, Subdivision 4. A of the Shakopee City Code. Section 10. 20, Subdivision 3 of the City Code reads in part, It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, . . . . " Section 10.20, Subdivision 4 . A of the City Code reads in part, "This section shall not apply to the discharge of firearms in a range authorized in writing by the City Council. " The proposal Ms. Olson has prepared and submitted is complete and addresses range safety, safety of those in attendance, safety of others and safety in areas adjacent to the event. In response to a similar request last year, Council allowed a black powder shoot at Murphy's Landing with approval for events in subsequent subject to annual review and approval. The range at Murphy's Landing seems adequate to handle the three events requested with the level of supervision proposed. The event last year did not generate any citizen complaints. ALTERNATIVES; 1. Allowed the events requested in 1995 with approval for events in subsequent subject to annual review and approval. 2. Allow the events requested. 3. Do not allow the events requested. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Allow the three black powder shoots requested at Murphy' s Landing in 1995 with approval in subsequent years subject to annual review and approval. CONSENT 13 s. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Vacation Carryover Request DATE: February 2, 1995 INTRODUCTION: Harry Pass, Public Works Foreman has requested to carryover 24 hours of vacation into calendar year 1995. BACKGROUND: The current Personnel Policy specifies that an employee may request to carryover more than the amount of vacation leave earned in a payroll year with the express authorization of the City Administrator upon approval of the City Council. Vacation carryover requests shall be granted only for unusual circumstances. During the last half of calendar year 1994 the Public Works Director position was vacant. Due to the position vacancy, the Public Works Foreman as well as the Civil Engineer were called upon to fulfill the responsibilities of the Public Works Director. The additional time commitment made it difficult for the Public Works Foreman to utilize all of his vacation benefits. Additionally, the Public Works Foreman was under the impression that he had until December 31, 1994 to exhaust his vacation balance. Persons not within bargaining units were required to exhaust their annual accumulated vacation balance on the last payroll date of 1994 (December 25, 1994). The Public Works Foreman is requesting that 24 hours of vacation balance be carried over into 1995. Staff does not feel that the request is unreasonable given the extra time and effort put in by the Public Works Foreman during the Public Works Directors absence. ALTERNATIVES: 1. Authorize the City Administrator to approve the carryover of 24 hours of vacation for the Public Works Foreman in 1995. 2. Do not approve the vacation carryover request. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the City Administrator to approve the carryover of 24 hours of vacation for the Public Works Foreman in 1995. BAS/tiv- h:\tami\admin\hpass Wyk, CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner ' . Meeting Date: February 7, 1995 Preparation Date: January 23, 1995 RE: Renaming of a Street in an Existing Plat INTRODUCTION During the platting for Homestead Ridge 2nd Addition, it became apparent to staff that a street in Homestead Ridge 1st Addition needed to have a name change. BACKGROUND Homestead Ridge 2nd Addition contains a street which connects to an existing street ("Homestead Way") and is located within Homestead Ridge 1st Addition. This street measures only 130 feet long, and, as of the writing of this staff report, there have not been any homes constructed adjacent to it. In order to conform to the City's Street Naming Policy, as well as to more efficiently provide for residential addressing, staff recommends that this portion of the street be renamed from "Homestead Way" to "Homestead Street". ALTERNATIVES 1. Rename "Homestead Way" to "Homestead Street". 2. Do nothing. 3. Table the issue and request additional information from staff RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 399, An Ordinance of the City of Shakopee, Minnesota, Renaming Homestead Way, Lying Within Homestead Ridge First Addition, to Homestead Street, and move its adoption. (7ERRIE\CI fYCOUN\SIREETRE.207) ORDINANCE NO. 399, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, RENAMING HOMESTEAD WA Y, LYING WITHIN HOMESTEAD RIDGE FIRST ADDITION, TO HOMESTEAD STREET. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Homestead Way, described below, is hereby renamed Homestead Street: All of Homestead Way lying within Homestead Ridge First Addition. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. (TERRIE\CTTYCOUN\STREErRE.207) MEMO TO: Dennis R. Kraft, City Administrator CONSENT l 16 FROM: Barry A. Stock, Assistant City Administrator RE: 1995 Met Council Contract for Transportation Services - Resolution No. 4161 DATE: January 24, 1995 INTRODUCTION: Each year the City of Shakopee enters into an agreement with the Regional Transit Board for transit service funding. This year transit programs will be administered by the Met Council. In order to continue transit service levels as they presently exist within tour community, the City of Shakopee must enter into agreements with the Met Council for funding in 1995. BACKGROUND: On January 17,1995, staff received an agreement from the Met Council that provides funding for our program during the first 6 months of 1995. The contract agreement simply establishes the amount of funding for our program and the process by which these funds will be dispersed in the City. Due to the length of the agreement I have not enclosed a copy of this memo. Copies are available in my office if you wish to review once before the meeting. Attached is Resolution No. 4161, authorizing the appropriate City officials to enter into service contract agreements with the Met Council to provide public transportation service in Shakopee for the calendar year of 1995. The resolution also specifies that the City of Shakopee will not be responsible for any transit deficit that may occur in conjunction with our transit program. The six month agreement provides funding in the amount of$180,738.00. A separate agreement for the remainder of the year will be prepared at a later date. ALTERNATIVES: 1. Move to approve Resolution No. 4161. 2. Do not approve Resolution No. 4161. 3. Table approval of Resolution No. 4161, pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4161, A Resolution Authorizing the City of Shakopee to Enter Into Service Contracts with the Met Council to Provide Public Transportation Service in Shakopee for Calendar Year 1995, and move its adoption. BAS/tiv - h:\tami\admin\transit RESOLUTION NO. 4161 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO SERVICE CONTRACTS WITH THE MET COUNCIL TO PROVIDE PUBLIC TRANSPORTATION SERVICES IN SHAKOPEE FOR CALENDAR YEAR 1995 WHEREAS, Minnesota Statute 473.388 provided the City of Shakopee with the ability to replace Metropolitan Transit Commission Service with their own transit programs; and WHEREAS,the City of Shakopee has successfully operated their own independent transit programs since 1984 which have increased transit options for Shakopee residents without increasing transit tax capacity rates; and WHEREAS,the City Council of the City of Shakopee believes it would be in the best interest of the City to continue to independently operate their own transit programs. BE IT RESOLVED by the City Council of the City of Shakopee as follows: 1. The appropriate City officials be authorized to enter into contract agreements with the Metropolitan Council to provide public transportation service in Shakopee. 2. That the City of Shakopee, Minnesota, agrees to provide 0% of the transit project from local funds for State transit assistance and/or exurban funding. 3. That authorization to execute the aforementioned contracts and any amendments thereto is hereby given to the City Administrator, City Clerk and the Mayor. 4. That the City Administrator or the Mayor is hereby authorized to execute requests for reimbursement from the Metropolitan Council. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney �ONiTIENT MEMO TO: Dennis R. Kraft, City Administrator / FROM: Barry A. Stock. Assistant City Administrator RE: 1995 Fee Schedule Amendment -Resolution No. 4163 DATE: January 30, 1995 INTRODUCTION: The Townships have agreed to a recreation contribution policy that does not cover the entire cost of supporting the programs that their residents are utilizing in the City. It would therefore be appropriate to amend the 1995 Fee Schedule to increase the non-resident contribution accordingly. BACKGROUND: When the 1995 Fee Schedule was presented to City Council, staff expected that the Townships would agree to participate in a recreation funding formula that closely approximated the actual cost of providing services to their residents. However, at the Committee of the Whole meeting on January 24, 1995 the Townships stated that they would only be willing to reimburse the City at a rate of$10.00 per participant. In 1993, the actual cost to the City to provide recreation services equated to approximately $20.93 per participant. If we utilize 1995 budget figures and assume a 4% annual increase in program participants, the actual cost to provide recreation services in 1995 will equate to $25.52. The 1995 Fee Schedule included a non-resident youth activity fee of$3.00. The 1994 Fee Schedule included a non-resident youth activity fee of$10.00. Staff is proposing that the non-resident activity fee for youth be increased to $11.00 for 1995. When the 1995 Fee Schedule was adopted, $5.00 increases were applied to non-resident fees for swimming pool instruction and adult activities. Staff is proposing no change to these fees since they were substantially increased over 1994 levels and the Townships have agreed to reimburse the City $10.00 for each non-resident participating in these activities. Attached is Resolution No. 4163, A Resolution Amending the 1995 Fee Schedule Incorporating the Proposed Increase in the Non-Resident Youth Activity Fee. ALTERNATIVES: 1. Approve Resolution No. 4163, A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule Incorporating the Proposed Increase in the Non-Resident Youth Activity Fee. 2. Suggest a different fee for non-resident youth activities and approve Resolution No. as amended. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4163, A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule Incorporating the Proposed Increase in the Non-Resident Youth Activity Fee, and move its adoption. BAS/tiv- h:\tami\admin\1-3Omemos RESOLUTION NO. 4163 A RESOLUTION AMENDING RESOLUTION No. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the calendar year, and; WHEREAS, changing conditions and circumstances warrant amending the fee schedule, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Seasonal Non Resident Activity Fee for youth be increased from $3.00 to $11.00. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONSE \IT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Jeff's First Addition DATE: February 1, 1995 INTRODUCTION AND BACKGROUND: The attached resolution apportions existing special assessments against new parcels created as a result of the platting of Jeff's First Addition. The apportionment contained in the resolution is as agreed to in the developers agreement by the property owners of Jeff's First Addition. This apportionment will allow the County Auditor to put the yearly payments of the assessments onto the tax statements for the newly created parcels. There will no longer be a tax statement for the original parcel number which has now become defunct. RECOMMENDED ACTION: Offer Resolution No. 4169, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of Platting Of Jeff's First Addition, and moved its adoption. RESOLUTION NO. 4169 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF PLATTING OF JEFF'S FIRST ADDITION WHEREAS, on May 5, 1992, Resolution No. 3582 adopted by the City Council levied assessments against properties benefitted by construction of portions of 5th Avenue, Market Street and Main Street, Project No. 1989-4; and WHEREAS, parcel number 27-906135-0, which was assessed for said improvements, has been subdivided and is now a part of Jeff's First Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said parcel number 27-906135- 0 because of the platting of Jeff's First Addition; and WHEREAS, the property owners did agree to the apportionment as outlined in the developers agreement for Jeff's First Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That the 1995 payable remaining balance of assessments to parcel 27-906135-0 in the amount of $10,489.55 for the 1989-4 improvements are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 3582 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of February, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney EXHIBIT A JEFF'S FIRST ADDITION REAPPORTIONMENT P.I.D. NO. PROPERTY OWNER LEGAL 1989-4 DESCRIPTION ASSESSMENT 27-193001-0 JEFFREY MONNENS LOT 1 BLOCK 1 $4,195.82 447 S. MARKET STREET JEFF'S FIRST SHAKOPEE, MN. 55379 ADDITION 27-193002-0 JEFFREY MONNENS LOT 2 BLOCK 1 $4,195.82 447 S. MARKET STREET JEFF'S FIRST SHAKOPEE, MN. 55379 ADDITION 27-193003-0 JEFFREY MONNENS LOT 3 BLOCK 1 $2,097.91 447 S. MARKET STREET JEFF'S FIRST SHAKOPEE, MN. 55379 ADDITION TOTAL= $10,489.55 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Block 3 and 4, OSP Moratorium Extension- Ordinance#401 DATE: January 31,1995 INTRODUCTION: On January 24, 1995 the Shakopee Committee of the Whole moved to recommend to City Council that the moratorium on Blocks 3 and 4 be extended for an additional 6 month period. BACKGROUND: Attached is Ordinance#401. Approval of the Ordinance would provide for the extension of the moratorium on Blocks 3 and 4 for an additional six month period. The moratorium was scheduled to expire on March 17, 1995. If Ordinance#401 is approved, the moratorium will expire on September 17, 1995. Approval of the moratorium extension will allow the City of Shakopee more time to complete the comprehensive plan with respect to the downtown area. Additionally, it will allow City staff with the opportunity to determine the redevelopment potential of this area. ALTERNATIVES: 1. Offer Ordinance#401 extending the interim Ordinance restricting development in Blocks 3 and 4, OSP for an additional period of six months and move its adoption. 2. Do not approve Ordinance#401 extending the interim Ordinance restricting development in Blocks 3 and 4, OSP for an additional period of six months. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Ordinance#401 Extending the Interim Ordinance Restricting Development in Blocks 3 and 4, OSP for an Additional Period of Six Months, and move its adoption. BAS/tiv- h:\tami\admin\ord401 1 ORDINANCE NO. 401, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, EXTENDING THE INTERIM ORDINANCE RESTRICTING DEVELOPMENT IN BLOCKS 3 AND 4, ORIGINAL SHAKOPEE PLAT, FOR AN ADDITIONAL PERIOD OF SIX MONTHS. WHEREAS, in 1980 the City of Shakopee adopted a comprehensive plan guiding development of the City; and WHEREAS, starting in 1990, the City has been revising its comprehensive plan, and anticipated adopting an amended or revised comprehensive plan at the end of 1994; and WHEREAS, despite exhaustive efforts, the City was unable to complete the revision of the comprehensive plan in 1994, and anticipates that it will be adopted in early 1995; and WHEREAS, in order to protect the planning process and the health, safety and welfare of the citizens of Shakopee, the City needs to prohibit development which would be inconsistent with the proposed amendments to the downtown plan element of the comprehensive plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That development in Blocks 3 and 4, Original Shakopee .Plat, shall be restricted for an additional period of six months, which time period shall be added to the original period of one year established in Ordinance No. 374 . During that time period, no building permits shall be issued for improvements to any property in Block 3 or Block 4, other than for improvements determined by the Building Official to be necessary for health or safety reasons. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication, and shall continue in effect for a period of one year. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of March, 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [ 0RD] -2- CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer 27mr-j SUBJECT: Downtown Alleys, Project No. 1993-9 DATE: February 2, 1995 INTRODUCTION: Attached is Resolution No. 4166, a resolution approving plans and specifications and ordering the advertisement for bids for the Downtown Alleys, Project No. 1993-9. BACKGROUND: On November 1, 1994 the City Council ordered the preparation of plans and specifications for the Downtown Alleys Project. This project involves undergrounding of overhead electric services and reconstructing the alleys in seven blocks in the Downtown area. Bids were originally opened for this project in April, 1994. The bids received were substantially higher than the engineer's estimate, and were subsequently rejected by the City Council. Since last April, staff has been working with our consultant HDR Engineering and Shakopee Public Utilities staff to redesign the project. The intent of the redesign was to reduce the overall project costs. Staff has also taken several steps to encourage competitive bidding. The service line work has been separated from the mainline electrical and paving work and will be bid separately at a later date. The purpose of having separate contracts is that a large, main line contractor will most likely have too much overhead and operating costs to effectively bid the smaller, more detailed service line work. By offering the service work bid directly to a contractor who specializes in that type of work, staff feels the bidding will be more competitive. A second step towards competitive bidding is that staff is recommending a larger than usual advertisement period to allow contractor time to prepare bids. Staff is also planning to hold a pre-bid meeting during the advertisement period to answer questions and help to familiarize contractors with the project. Staff is proposing to open bids on March 14, 1995 and bring the bid results to the City Council on March 21, 1995. ALTERNATIVES: 1. Adopt Resolution No. 4166. 2. Deny Resolution No. 4166. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4166, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 and move its adoption. DMN/pmp MEM4166 RESOLUTION NO. 4166 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Downtown Alleys; Blocks 21, 22, 23, 24, 25, 29, 30 And 31 Project No. 1993-9 WHEREAS,pursuant to Resolution No. 4111 adopted by City Council on November 1, 1994, Bret Weiss, Orr-Schelen-Mayeron& Assoc., Inc. has prepared plans and specifications for the improvement of the Downtown Alleys by electrical undergrounding and alley reconstruction and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney n \ vr —j�v MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer Pe/1--J SUBJECT: Sarazin/Roundhouse Street, Project No. 1994-10 DATE: February 2, 1995 INTRODUCTION: Attached is Resolution No. 4167, a resolution approving plans and specifications and ordering the advertisement for bids for the Sarazin Street and Roundhouse Street, Project No. 1994-10. BACKGROUND: On June 21, 1994 the City Council ordered the preparation of plans and specifications for Sarazin and Roundhouse Streets. This project was petitioned for by the developer for the Prairie Bend Subdivision. The plans and specifications for this project have been completed and are being reviewed by the State Aid Office. The only issue left to resolve prior to construction is the right-of-way acquisition. Staff has been working with the property owners to acquire the right-of-way and expects to have either clear title or a right of entry to the property prior to construction. Staff is planning on opening bids on March 3, 1995 and presenting the bid results to the City Council on March 7, 1995. The original consultant contract for the design of Sarazin and Roundhouse Streets, and the utility extension on 4th Avenue was $56,900.00. To date $56,900.00 has been paid out on this contract for design services. ALTERNATIVES: 1. Adopt Resolution No. 4167. 2. Deny Resolution No. 4167. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4167, A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for Sarazin Street, from 4th Avenue to County Road 16; Roundhouse Street, from 4th Avenue to County Road 16; and 4th Avenue, from County Road 17 to Sarazin Street, Project No. 1994-10 and move its adoption. RESOLUTION NO. 4167 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Sarazin Street, From 4th Avenue To County Road 16; Roundhouse Street, From 4th Avenue To County Road 16; And 4th Avenue, From County Road 17 To Sarazin Street Project No. 1994-10 WHEREAS,pursuant to Resolution No. 4025 adopted by City Council on June 21, 1994, Bret Weiss, Orr-Schelen-Mayeron & Assoc., Inc. has prepared plans and specifications for the Sarazin Street and Rundhouse Street between 4th Avenue and County Road 16 by pavement, sanitary sewer, storm sewer and watermain and installation of sanitary sewer and watermain on 4th Avenue, from County Road 17 to Sarazin Street and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT nk_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Michael A. Huber, Engineering Tech. II SUBJECT: Valley Park 11th Addition, Project No. 1993-10 DATE: January 31, 1995 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Valley Park 11th Addition Project No. 1993-10. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4171, A Resolution Accepting Work on Valley Park 11th Addition Improvements, Project No. 1993-10 and move its adoption. MAH/pmp MEM4171 RESOLUTION NO. 4171 A Resolution Accepting Work On The Valley Park 11th Addition Improvements Project No. 1993-10 WHEREAS,pursuant to a written contract signed with the City of Shakopee on June 1, 1995, Arcon Construction Co., Inc. has satisfactorily completed the installation of street, sanitary _ sewer,watermain, sewer and watermain services in Valley Park 11th Addition,in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$5,000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO, : 1993- 10 DATE: January 31 , 1995 PROJECT DESCRIPTION : 1,'a11 ?y ?ar'; 11th Addition Improvements • CONTRACTOR: Arcon Construction Co . , Inc . 903 E . Forest Avenue Mora , MN 55051 1 ORIGINAL CONTRACT AMOUNT $ 664 , 004 . 58 QUANTITY CHANGE AMOUNT $ ( 19 , 720 . 67 ) CHANGE ORDER NO, 1 THRU NO, 2 AMOUNT , . $ ( 54 , 565 . 00) FINAL CONTRACT AMOUNT $ 589 , 718 . 91 LESS PREVIOUS PAYMENTS $ 5R" , 718 . 91 FINAL PAYMENT $ 5 , 000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. (A) Professional Engineer MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne " � DATE: January 25, 1995 RE: Personnel Handbook BACKGROUND: The City presently uses an old set of Personnel Policies to govern the benefits and behavior of its employees. Some of these policies are obsolete, some dubious legally, and some virtually unknown to the affected employees. I have drafted a comprehensive new set of policies, encompassed in a single document, entitled the Personnel Handbook. Many changes were made, to modernize the existing policies and improve our situation legally. At various department head meetings other changes were added, to make the text more consistent with what is occurring (e.g. to follow our health insurance policy more closely) , to make our policies consistent with union contracts, and to suggest changes that might improve employee morale without significant costs to the City. ISSUE: The new Personnel Handbook, as drafted, is fairly lengthy, about 35 pages long. Does the City Council want this presented at a regular meeting or at a committee of the whole? ALTERNATIVES: 1. Direct staff to prepare the appropriate documents to present the draft Personnel Handbook to the City Council at a regular meeting. 2 . Select a date for a committee of the whole meeting to discuss the draft Personnel Handbook. 3 . Keep the existing Personnel Policies. RECOMMENDATION: Select a date for a committee of the whole meeting to discuss the draft Personnel Handbook. [2 4 MEM02] . ___ .. . M: s a j a iss.,..--aum ta) � � � a a to Q. <t m•. . 8 6-an m at—16 ma A X CD 1- co 0- — et"' g.. I x a L .*...9 A'') iinliF 9.a 8 as.m goy is 0 a t_' '. mm 58 . ,---7-, c= .H 3 co_ m P _. . ao * c -a. p-a co .w a . \ :is .,' .3 �.P g < -�-` 1� a) an E.): C -- _s`," j.' ' -.kj a s "". J , 2 so CO C 00 „ 2: 0 01 I 44, w +-� 4 w m ? M " gmoc U" up bad with Southdale, yeah, we've. Sli) 'ci, 6. ,, N N -f0.. lost a chunk of value for a few ears °) 0,-,,f0- °'" • 4"- Kr """'_at a I Q m -�; to o v. �. said City Manager Ken Rosland. `It: _ b o: g.-.,,, o o -o could cost us $300,000 to $400,000'. in o �0 3 - 3 5;1'm for the three years. That's what wF- . ° m :: would have to rebate. Are we going '`$ to die? No. But it's a part of the: I _"..' picture." - " ��ay�ocoaa�� n o = � ?o O . „OIHF1IiI1I °. �� 0G K � C w* PAt cN ANMost observerssay the tax abate 9menttrendisnearinganendandthan - . ny sy . °cr a, commercial and industrial values not .,.° c a -�c 2 =oil. ° o+0 0 a, g sv 0 y .a only have bottomed out, but are bei; f "`" y 0,...., ° ' A c a 824 5-0.0 C °' O-1 co oo eL ginning to rise again. Indeed, such. 0 �� = x a H a o `� ° x w 0 o v 3 property values for suburban Henne=`. 0 - w H ° ° H y �' y to.) a- ,.. � 8 r.y`ac , g05• o0. xo `oH 1-,0 0 ° mac .. to pin County have risen $200 million .o'-e o 0•o for the 1995 tax year, after 1994's'� A ,e_,.9 y .oma. e;, c a. - 9'03.0* ' < I m 0 5 o ° (., fD $1.2billiondro . g f -� 9 - ° � .. � y 3 �, e��e " ,....2 ; Q ~�•H by "I think the worst is behind us,"� y -•A,?r" co y Al - = a Sr. Z a .• CD y 5 = ,:.< c lv Shiell said. If we have a situation in • 740. 6 :.:4:::‘..:‹[....,0 5.0 .40 0a _ .,zsu ! c; cthe commercial area that might be' - 0'`O-'er°• °.c m a o--< 0 • - 0 0 0 m H o 3H ° Achanging for the worst,it is probably3 o '-• 7. �o °t. cry O =.00I?.S.;a .4_ � oc� (v � Hretail. ... Unlike other commercial, ° 8 ' 0 -.1'-'�p 0- ' '� " `' H '"" 0 "` ° ~ ° areas,where vacancies are decreasing '- 0 H CD c and rents are going up again, the' 5..o.td o iv 0•c.H ocr CIIII) ; 9.1 $ O bD 5'0 0•k b. c n 0 -1 trends in retail are going the other I a a°0- 93 co „I= 9 , A '"0.°'-.7.B., Q y e, , ° 9 a., y 0 aoc90a O+ c(' >v '° :1..10: cAo e, ti o c (o p, . way." 1 a M H's K 0`Fi.Q 5., y. -.- 04.05•= 00,2 •,.. u, ^ (o .» O ...O. (p O io E'Oo In O. •n�0 N � � 01� -+,f�9 ,y.�' O �' A � yO0cmy'R Ocpp0.0 -.,,,, a ce m 0 0 0 0 rn" aIS.$ " co <'( O 0'4.n 0 y . ate- ;v 8', g 0 x a� a_tP .9"'� o (0 9 a° . •....~3 o .. e o a�.� c c b H A Q -, f9 °m CD 0 •-•7•1:3 ""rff .�° .Q•.e-.f3.� Al ''~9 rn H N Ch O dory �_� o�eO y � � �H �`� =; F � � � 0 ° � 0'< `4 c-+u vA � ° a, °'9 =1 0�o a' �roc, (o `� .v, Qo O p- w O ? w �' i+ s -+ A C O ........0. X Caz o �'� c''e Wy co �... av, p co 0•cam w � a0 0.== W =,1.= m o x, ? Fr-c' o ��c I gc4. y. 1 ze o0 r. a a h a, Hie 0 = 1 -, x� ° o y f9 .' ' Q �. -, r., ;(-4, -.: A 0 o 'er=. A E n 7oi A' E.�7�1< , m 0-==C r-., .-: �0 H m -ey-,o a, .� �� o »,9 E.co 0 0 0 o < y c�c ��i •a n <. o == o0'a 5='•ga.p.=� ae< v0. (n ,ytda. � yr r"t. ` 'r. ,. A "f'.. - A .f r•er.Q A A,' 0.O FIS o ° I i ° N5. .O•.=Ir 17,-0`y(DExA 9 to...4 G9A0. ,„ c9C 9 oma, .dy0dam °=° " Q °' °t.'y� �=moo o � � QO =� � H o o �' a, H o•� x o ___ o._ < 9 o 0O s 0 =' E,E �.�a .-.,Q.- 9 O•.-1 ° N `Z 6 V' .+A '5' W"1 \J y• N Q (p (9 •c- CD o a 5 F -]c -OQ � ivy °c ._, . 2,c = w. a00v x co H QA1 y R."� L»' 9 Or .° K t9 O `6.=,.-35.5-, O 0 ° ° w W Cr N y. y N N A'QQr77 y A "J G A CD 5.= Q7 5 az ,, ... . ep et, co 15, 0 ° o r•= 0.0H0. 0.�•a .0-' 0oM<.O ET 0 �'�. 30 ,._.,...= ....4. -.< 00- - .+� __`,,°a± v° O� y .'YmO �. -v ..._.. - ,.a..•:r..:.fS.G:L'i'a.+Y—....�.-�i'.+:.35.-:...`Y_;T_ ..t:....:.-...��A....-_^c'+ _S.'.:r`L'3 'iti.f.=;.J[f1. ti _:4; _ .. J.__�._.�.e._.... . _. : ,�.. �.T_.. *a i,s t lE SUburban , !COmrncif .._ a 1 ,. properties. getI { back big . bu - • 1ax-overpayrnent refunds _ . .. , leave less for cities schools By Norman Draper been overtaxed by millions. Staff Writer . The Mall of America, for instance, Last year the owners of Minneton- argues that Bloomington's assessors! ka's Gateway Office Building reaped have grossly overvalued it and have' what every taxpayer dreams of— a taxed its owners millions of dollars monster refund of$705,000 for being too much. In a case now in Tax a overtaxed in 1992 and 1993. Macy's Court, the owners of Southdale mall. department store in Bloomington's in Fdina claim that their property has " Mall of America got $227,000 back been overvalued excluding i>r �._,by $240 million. because it was overtaxed in 1993 That'translates to requests for$12"4"""` - :_.. .... -___-_...._ _ -_.. .-_} ,._ .*---million in tax'refunds - The Colonnade Office - terest,. _, +_ , ______„___ __ _ .-__ ___ ___ __< Building inGolden Valle}).and'Pru entiat ` "It could Combined with r -:= Office Building in :, is a precipitous drop;, .. _Plymouth can top that,- „ cost US in the_value of many;. Colonnade's own-: commercial and in-y . ers received $2 2 mil-4. $300,000 to dustrial properties, lion in refunds for be- ^ often in areas that ing overtaxed from 4)900,000, boomed in the 1980s 1990 to 1993 and Pru- ; but went bust be= - for the three dential, got $966,000.' '__ - _ _ cause of overbuilding _. because of ove a .. - - i � y = years m the '90s. That led +-ments-in 1991 and-- - _ -_-- - 7 to lower valuations, ..,._.._.._., - - -.,-__. , -_ _- 1992. *- - /Ire--' -• we - which,meant lower •tlrl goes on. Dur gOt0 • - tax payments.Repre- The list 9 . sentatives for com- ing the past four years, die'? No. But mercial and industri-1 millions of dollars in , al property owners refunds have been it's a part of argue that although awarded to owners of the picture.I f the values plummet-1 e suburban com- ed, city assessors mercial properties who didn't consider that', have argued that the Edina City fully when they com- properties —. most of Manager Ken puted tax values. ' them office buildings Rosiand,on —were overvalued by the Southdale "I don't think any- city assessors for tax mall's claim one predicted a drop i purposes and thus that it has paid in value as severe as were overtaxed. t00 much in it was," said Minne- apolis property tax i The result: Suburban property taxes attorney Doug Shiell. cities and school dis- "The assessors were tricts get fewer tax dol- ' fooled a little bit. ! lars. Such losses usually don't result There were buildings in Bloomington in large cuts to services or in tax that sold for$120 a square foot in the Iincreases. Still, the losses must be '80s that were going for$30 a square made up somehow, by modest in- foot in 1992. When you have that creases to residential property tax kind of drop in value,nobody's going bills, by pruning budgets or by raid- to get it right." ing reserve funds set aside for rainy- day contingencies. In Minneapolis and St.Paul,the phe nomenon has meant a bigger tax bite Plus, plenty of cases are still in the for homeowners, who must take up pipeline. Minnesota Tax Court is the slack when commercial and in- clogged with claims that the Twin dustrial tax revenues drop off. Cities area's major shopping centers