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HomeMy WebLinkAbout03/21/1995 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA MARCH 21, 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 February 28th and March 7th, 1995 10] Communications: *a] Andrew Unseth resignation from CDC *b] Randy Schoephoerster resignation from CDC 11] 7 : 30 P.M. PUBLIC HEARING on proposed improvements to Vierling Drive from CR-79 to CR-77 , 1995-6 - Res. No. 4193 12] Recommendations from Boards and Commissions: a] Arlington Ridge 1st Addition Preliminary/Final Plat, located at the west end of existing 13th Avenue, Res. No. 4190 *b] West View 7th Addition Preliminary/Final Plat, located at the southwest corner of 6th Avenue and Jackson Street, Res. No. 4191 c] Chateau Ridge (Orleans) 1st Addition Final Plat, located along Bourbon Avenue and east of Marschall Road, Res. No. 4192 *d] KBLCOM, Inc. - Transfer of Control - Res. No. 4172 *e] Dial-A-Ride Service Agreement TENTATIVE AGENDA March 21, 1995 Page -2- 13 ] Reports from Staff a] Snowmobile Regulations b] Code Enforcement Position *c] Unmarked Car *d] Riverview Estates 2nd - Time Extension For Final Approval *e] Local Recycling Development Grant for Spring Clean-up Program *f] Surplus Property *g] Fund Transfers *h] Purchase of Dump Body *i] Approve Bills in the Amount of $318, 586 . 55 j ] Planning Department Staffing *k] Gambling Exemption for Minnesota Thoroughbred Association *1] Gambling Exemption for St. Mark's Church *m] St. Francis Regional Medical Center Sanitary Sewer Extension Pending Special Assessments, Project 1995-2 , Res. No. 4196 n] St. Francis Regional Medical Center Storm Sewer Petition o] Liquor License Fees 14] Resolutions and Ordinances: *a] Res. No. 4194 - Ordering Report for Construction of 17th Avenue and Sarazin Street 15] Other Business: a] b] c] 16] Recess for an executive session to discuss matters permitted under attorney-client privilege and to discuss labor negotiations. 17] Re-convene 18] Adjourn Dennis R. Kraft City Administrator MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Non-Agenda Informational Items DATE: March 17, 1995 1. Attached are the February 22, 1995 Minutes of the Community Development Commission. 2 . Attached are the Minutes of the Shakopee Public Utilities Commission dated February 6, 1995. 3 . Attached are the Minutes of the Cable Communications Advisory Commission and Access Board dated March 7, 1995. 4 . Attached is a memo from Ken Straus, Municipal Needs Manager, MnDOT, regarding the use of more current population estimates for establishing the municipal state aid apportionment for cities. 5. Attached is a memo from the City Attorney on February court appearances. 6 . Attached is the 1994 Scott County Library System Annual Report. 7 . The 1995 Board of Review will be held on May 9th. Mr. Reinke, Mr. Marks, and Mr. Clay have agreed to serve on the Board again this year. They were appointed for a two year term last year. If the Board needs a second meeting date to adjourn to, everyone has been asked to set aside May 23, 1995. 8 . Attached is the Savage AUAR/ADR update from the Planning Director. 9 . Attached is the revenue and expenditure report for the month of February, 1995. 10. Attached is a memo from the City Attorney regarding the animal regulations. 11. Attached is a copy of a letter from Met Council regarding the private wastewater treatment system amendment to the City's 1980 Comp Plan (Rahr) . 12 . Attached is a memo from the City Attorney regarding the draft Personnel Handbook along with a corrected copy. 13] Attached is a letter from Paragon Cable advising of the discontinuation of the WCCO Weather Channel. 14] Attached is the Police Newsletter for Council review. Asa S Sacv I(3 8 4 .0 Q� 10v439-' °l 3)7 /237 1 OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 22, 1995 Members Present : Albinson, Reinke, VanHorn, Miller, Morke . Member Absent : Schoephoesten, Unseth, Brandmire, Dauenhauer, Stafford. Staff Present : Barry Stock, Assistant City Administrator. I . Roll Call : Vice Chairman VanHorn called the meeting to order at 5 :40 p.m. The roll call was taken as noted above . II . Approval of January 18, 1995 Meeting Minutes Commissioner Miller noted that the minutes should be amended in respect to the comments he made on the Block 3 and 4 moratorium. Commissioner Miller stated that he supported the continuation ofthe moratorium provided that we precede in obtaining the appraisals first . The minutes as currently presented state that he did not believe it would not be appropriate to proceed with the appraisals of the property. He noted that he stated the opposite. Miller/Morke moved to approve minutes of the January 18, 1995 meeting as amended. III . Election of Officers Vice Chairman VanHorn asked if there were any nomination for the Chairperson position. Albinson/Reinke nominated Cole VanHorn for the position. Commissioner Miller nominated Commission Morke for the Chairperson position. There was no second to Mr. Miller nomination. A white ballot was cast for Cole VanHorn as Chairperson for the Community Development Commission. Chairman VanHorn asked if there were any nominations for the Vice Chair position. Reinke/Albinson moved to nominate Gary Morke for the Vice Chairperson position. There wer no other nominations . A white ballot was cast for Gary Morke as Vice Chairperson for the Community Development Commission. Chairman VanHorn asked if there were any nominations for the second Vice Chair position. Albinson/Reinke moved to nominate Commissioner Miller for the Vice Chairperson position. Miller/Morke moved to nominate Commission Reinke for the second Vice Chair position. Chairman VanHorn called a vote for the second Vice Chair position. Four votes were cast for Commissioner Miller and 1 vote was cast for Commissioner Reinke. IV. Economic Development Update A. Community Center - Barry Stock stated the Shakopee City Council it finalizing the components for the Community Center project . Council is discussing the possibility of adding a gymnasium to the facility. Mr. Stock noted that there is a bill before the legislature that would significantly impact the availability of tax increment funds in Shakopee. Mr. Stock stated that if the bill is approved, the City would be required to use existing tax increment trust funds dollars to retire outstanding tax increment bonds . The legislation specifies that TIF funds must be contractually obligated by February 1, 1995 or be used to retire tax increment bonded indebtness . Any remaining funds must be turned over to the state of Minnesota. Commissioner Albinson stated that he was concerned that if the legislation is passed that there would be no funding for the redevelopment of Blocks 3 and 4 . Mr. Stock stated that the City' s Bond Council is concerned that the legislation will be passed. The actual effective date of the legislation is, however, questionable. Mr. Stock stated that if the bill is approved with an effective date later than February 1, 1995 the Shakopee City Council and HRA will have to move quickly to utilize the tax increment trust fund dollars . Mr. Stock noted that the Shakopee City Council will be meeting in a Committee of Whole session on February 28, 1995 to discuss this issue. B. Shakopee Depot - Barry Stock stated that the Shakopee HRA selected to take no action with respect to the Shakopee Depot . V. Rehab Grant Program Amendment Mr. Stock stated that when the Gary Turtle rehab grant was approved that the HRA questioned the 250/33% funding formula. The HRA was concerned that the property owners might artificially increase the cost of their projects to obtain the 33% funding level . Commissioner Albinson stated that he felt the rehab grant has been an effective tool to stimulate redevelopment downtown. He went on to state the 25%/330 formula does have an inherent flaw. Commissioner Morke state that he concurred with Mr. Albinson. He went on to state that he was concerned about the tone of the memorandum from HRA Commissioner Brekke. The letter seemed to indicate a level of distrust in the downtown property owners . Mr. Stock said that he didn' t believe that Commissioner Brekke meant to indicate that feeling, he merely was trying to explain the flaw with the current formula. Commissioner Miller reminded the Commissioners that the rehab grant initially had a flat 25% reimbursement amount . It was the HRA that suggested the program be amended to encourage more substantial projects . Mr. Miller stated that the CDC subsequently recommended the following two amendments to the rehab grant program: 1 . Increasing the minimum total project size to $4000 . 00 . 2 . Establishing a two tier reimbursement amount . Mr. Miller stated that the Gary Turtle project was an excellent example of why the two tier reimbursement schedule worked. He noted that initially Mr. Turtle was only going to improve the front of his building. When he discovered he could obtain a greater grant reimbursement amount, he decided to pursue improvements to the rear side portion of his building. Mr. Miller did concur that the current formula did lend itself to possible abuse. Commissioner Albinson stated that rather than going to a standard flat reimbursement amount another possibility would be to establish a progressive reimbursement formula similar to the property tax structure. Mr. Albinson suggested a 250 grant for projects with total project costs between $4000 . 00 and $40, 000 . 00 . For costs above the $40, 000 . 00 total cost level 33% would be paid thereafter. Commissioner Albinson stated that he felt the CDC was right in establishing a formula that provided for additional incentive to perform larger projects . Commissioner Reinke stated that he concurred with Mr. Albinson' s suggestion for a progressive formula. He went on to state that no matter what program you attempt to develop, some people will attempt to find a loop hole and try to abuse it . It was a consensus of the Commission that the Rehab Grant program is working and it should be continued. Miller/Morke moved to recommend to the HRA that the Rehab Grant Program formula be amended to provide for a 25% grant for projects with a total cost between $4000 . 00 and $40, 000 . 00 . For incremental cost above the $40, 000 level a 33% grant reimbursement amount will be applied not to exceed a total grant awards of $25, 000 . 00 . Motion carried unanimously. VI . Van Pool Provider Selection Mr. Stock stated that one proposal was received in response to the van pool request for proposal solicitation. Consistent with past request for proposals for this service the City has only received one response . Mr. Stock stated that the lone response was received Van Pool Services, Inc . Mr. Stock stated that Van Pool, Inc. has been the City' s provider for van pool services since 1984 . Mr. Stock stated that he has been satisfied with the level of services provided by Van Pool Services over the past years . Commissioner Reinke questioned the monthly billing language as specified in the VPSI proposal . Mr. Stock stated that the language included in the proposal is the method typically applied by Van Pool Services, Inc. to collect monthly rental fees from their drivers . Mr. Stock stated that the City of Shakopee is billed for each van pool directly. No changes will be made to the program with respect to the payment of the vehicle lease cost . Commissioner Reinke questioned why we can' t acquire van pool vehicles when we are considering acquiring Dial-A-Ride vehicles . Mr. Stock stated that if we are successful in acquiring Dial-A-Ride vehicles, we will subsequently enter into an agreement with Southwest Metro to maintain those vehicles . Southwest Metro has a much larger vehicles fleet and budget. In addition to contracting for maintenance services from Southwest Metro we will also be requesting that they obtain the necessary insurance for those vehicles . Southwest Metro will also likely be responsible for hiring all drivers . Since Southwest Metro is a much larger transit program, they have the capability of obtaining transit insurance at a much lower rate than what the City of Shakopee could hope to find. The Van Pool program is operated by volunteer drivers . Mr. Stock stated that the insurance coverage for the City to cover volunteer drivers would be substantial . Mr. Stock also stated that the ongoing maintenance concern with the Van Pool program would be very time consuming for City staff to administer. Under the current system Van Pool Services, Inc. has maintenance contracts set up with several major automotive dealerships . Van pool drivers presently can take their vehicles to a variety of service locations without a hassle at their own convenience. Morke/Reinke moved to recommend to City Council that Van Pool Services, Inc. be approved as the vehicle provider for our Van Pool program. Motion carried unanimously. Commissioner Reinke questioned whether or not a list of passengers and drivers for each Van Pool vehicle could be distributed to the Van Pool drivers . Mr. Stock stated that several Van Pool drivers have not responded with the information as requested. Therefore, staff did not follow through in distributing the information. Mr. Stock stated that he could easily distribute the information that was available. VII . Subcommittee Reports 1 . Transportation Coalition - Commissioner Albinson stated that the transportation projects in Shakopee are on track. He stated that the Transportation Coalition is also working to establish some kind of ribbon cutting ceremony for the Bloomington Ferry Bridge Project . 2 . Mr. Stock stated that the minutes of the Scott County Economic Development Coalition were included in the packet . IIX. Informational Items Mr. Stock noted that Paul Bilotta was going to follow up on the adult bookstore issue. Mr. Stock stated that he thought the City Attorney had taken all the steps available within the new zoning ordinance update to limit adult bookstores in our community. Commissioner Albinson stated that he felt the City should take whatever steps possible to make sure it is difficult to site an adult bookstore in our community. Commissioner Miller requested staff to report back on this issue at our next meeting. IX. Next Meeting Mr. Stock noted that the next meeting of the Community Development Commission would be scheduled for March 15, 1995 . X. Adjournment Vice Chairman VanHorn adjourned the meeting at 6 :45 p.m. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on February 6, 1995 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams, Water Supervisor Art Young, Manager Van Rout and Secretary Menden. Motion by O'Toole, seconded by Vierling to approve the minutes of the January 4, 1995 regular meeting as kept . Motion carried. BILLS READ: City of Shakopee 42,000. 00 A T and T 11 . 50 Joseph Adams 24 . 00 American Test Center 1,580 .00 ARAMark 126. 00 Aspen Equipment Co. 736. 73 Bauer Built Inc. 49 . 52 R W Beck and Associates 231 . 41 Big A Auto Parts 4 . 74 Border States Industries, Inc . 5,613 .86 Burmeister Electric Co 455 . 56 Business Essentials Inc . 300 . 39 Calc Type Office Equipment, Inc . 168. 00 City of Shakopee 22,914 . 00 City of Shakopee 1,422. 67 Clay' s Printing Service 149 . 99 Cooperative Power 39,646 . 02 DCA, Inc. 150 .00 Dalum's Utility Equipment Co. , Inc. 73 . 14 Dressen oil Co. 315.84 Feed-Rite Controls, Inc . 45 .00 Ray Friedges 7 ,200 . 00 G. Neil 39 . 24 Glenwood Inglewood 20. 18 Gopher State One-Call, inc. 182. 14 Graybar Electric Co. , Inc. 3,830 . 50 Hach Company 146. 98 Hennen ICO 17 . 50 High Voltage Testing Lab 55 . 58 Jaspers, Streefland and Co. 200 .00 Klein Electric Co. , Inc. 155.00 Don Kohnen 105.00 Lano Equipment, Inc. 641 . 62 Leef Bros. , Inc. 38.82 Ray LeMieux 60 . 90 Minnesota Municipal Utilities Association 10, 500 .00 Metro Sales Inc. 167 . 00 Midwest Engine Service and Supply 101 . 07 Minnesota Department of Natural Resources 3, 523 . 50 Minnesota Environmental Quality Board 16. 25 Minnesota Environmental Quality Board 81 . 19 Minnesota Valley Testing Laboratories 180. 00 Motor Parts Service Co. , Inc. 199 . 16 NAPA Auto Parts 48.01 Northern States Power Co. 445, 580.07 Northern States Power Co. 332 . 32 Northern States Power Co. 842 . 05 OPM Information Systems 2,948. 99 Parkside Printing, Inc. 74 . 40 Petersen-Wisdorf, Inc . 7 ,718.86 RESCO 653 . 91 Reynolds Welding Supply Co. 14 . 30 Ribbon Recyclers, Inc. 132 . 59 Schoell and Madson, Inc 1 ,604. 05 Sensus Technologies, Inc. 1 ,088 . 57 Shakopee Public Utilities Commission 6 .00 Shakopee Public Utilities Commission 81 . 57 Solomon Corporation 2 ,250 . 00 Southam Communications USA, Inc. 251 . 25 Southwest Suburban Publishing 1 ,045 . 86 Spectrum Safety Consultants, Inc. 1,067 .00 Starks Cleaning Services, Inc. 108. 63 Dean Struck 142 .80 Total Tool 1 ,629.80 Transport White GMC, Inc 147 . 15 US West Communications 367 . 77 Valley Sports 147 . 00 Lou Van Hout 48 . 79 Van Paper Company 165 .08 Vierling Partnership 13,089 . 00 Vital Signs and Design 720 .00 Waste Management-Savage 78.13 Water-Pro 33 . 39 Yarusso's Hardware Co. 80. 96 Communications Auditors 269. 04 Marvin Athmann 4. 56 Minnesota Municipal Utilities Association 50. 00 WESCO 774. 98 Wheeler Operations 8,726 .82 Woodhill Business Products 1,859. 32 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid. Motion carried. Manager Van Hout read a communication from the Christmas in May committee asking for our sponsorship. In the past we have asked for some insight ahead of time as to the requests for our participation so a decision can be made at that time. A communication from the Minnesota Department of Health advising us of the wellhead protection program was given to the Commission by Manager Van Hout . Another Communication from the Metropolitan Council in response to a plan that is due by the end of 1995 was read to the Commission by Manager Van Hout . A status report on the downtown electric undergrounding project was given by Joe Adams and Manager Van Hout . The Commission was updated as to how costs are kept track of . A status report on the acquisition of the new substation site was given by Manager Van Hout. SPUC has made a purchase offer on the site. As of the meeting date we had not received a formal answer on the purchase offer. If the site is obtained a letter will be addressed to the County as the presumed Regulating Governmental Unit . Kevin Favaro, R.W. Beck will coordinate the permits, zoning and land use requirements if the purchase offer is accepted on the property. Options for reducing the high nitrate levels in wells 4 & 5 were given to the Commission from Art Young. A communication from Ken Adolf, Schoell and Madson also gave a report on preliminary investigations on removal of the nitrates. Options ranged from ( Abandoning the wells to an process. Discussions were held on finding the source of the nitrates. The Commission directed staff to shut down the wells until tests show nitrate levels have dropped. The possibility of isotope testing will be investigated. Ken Adolf, Schoell and Madson was present to present the bids received for construction of Well #9 . Four bids were received. Bids were for Well, permanent pump and motor. Completion date is set for May 1, 1995. Delays in the land acquisition will push this date back. Motion by Vierling, seconded by O'Toole to award the bid to Keys Well Drilling, low bidder in the amount of $139,760.00 . Motion carried. The plans for the pumphouse and booster station will be brought before the Commission at the March, 1995 meeting. KarenMarty, City Attorney gave the Commission a copy of the preliminary agreement with St . Francis Medical Center. The agreement had been worked on by both the Attorney for St . Francis and Ms Marty. A discussion followed on certain issues in the agreement. Motion by Vierling, seconded by O'Toole to approve to authorize signing of the agreement subject to further revisions by the City Attorney in the interest of SPUC policies. Motion carried. Motion by Vierling, seconded by O'Toole to request the City Council approve the document that the Shakopee Public Utilities Commission has just approved. Motion carried. Motion by Vierling, seconded by O'Toole to authorize signature of the easement agreement subject to purchase plans being finalized. Motion carried. Motion by Vierling, seconded by O'Toole to recommend to the City Council to approve easement agreement . Motion carried. The Savage/Shiely water issue was brought up for discussion. The Part I study by S.E.H. Consultants is complete. S.E.H. also enclosed a letter to help in assessing whether more advanced computer work is needed. The Commission directed that a letter to the DNR be drafted on behalf of the Commission and Mayor to thank the DNR for interest and to express their concern that there be no increase in pumping by Shiely Co. until Municipal needs are addressed. Staff was also directed to write a letter to the DNR requesting pumping data for five years. Art Young is to explore static data for Shakopee Public Utilities wells for a ten year period. A finished report is also needed. The pumping data from the DNR will consist of gallons pumped annually in defined aquifer areas 1 , 2 and 3 in the S.E. H. reports. Study II is in progress and should be completed for the March meeting. An energy conservation and load management report for 1994 and 1995 was given to the Commission by Joe Adams. Mr. Adams explained that in 1995 municipals are required to expend 1% of their operating revenues in conservation efforts. The Commission was asked what direction expenditures should take for 1995. Motion by Vierling, seconded by O'Toole to assume that the Shakopee Public Utilities will get a credit for load curtailment participation with Northern States Power Co. and if not adjust program expenditures for local benefit . Motion carried. Motion by O'Toole, seconded by Vierling to offer Resolution #438 A Resolution Regulating Salaries . Ayes: Commissioners O'Toole, Cook and Vierling. Nayes: none. Resolution passed. Motion carried. Motion by O'Toole, seconded by Vierling to Offer Resolution #439 A Resolution to Adopt New Personnel Policies. Ayes: Commissioners Vierling, Cook and O'Toole. Nayes: none. Resolution passed. Motion carried. Motion by Vierling, seconded by O'Toole to offer Resolution #440 A Resolution Regulating Salary and Contract Terms. Ayes: Commissioners Cook, O'Toole and Vierling. Nayes: none. Resolution passed. Motion carried. Motion by Vierling, seconded by O'Toole to offer Resolution #436 A Resolution Designating Official Depositories . Ayes: Commissioners O'Toole, Cook and Vierling. Nayes: none. Resolution passed. Motion carried. Motion by Vierling, seconded by O'Toole to offer Resolution #437 A Resolution Designating Official Means of Publication. Ayes: Commissioners Cook, Vierling and O'Toole. Nayes: none. Resolution passed. Motion carried. Motion by O'Toole, seconded by Vierling to offer Resolution #441 A Resolution Establishing Rates for Electric Service in the Area Acquired in 1991 . Ayes : Commissioners Vierling, O'Toole and Cook. Nayes: none. Resolution passed. Motion carried. Motion by Cook, seconded by O'Toole to offer Resolution #442 A Resolution Approving Payment for Pipe Oversizing Costs on Watermain Project Homestead Ridge First Addition. Ayes: Commissioners O'Toole and Cook. Commissioner Vierling abstained. Nayes: none. Resolution passed. Motion carried. Motion by O'Toole, seconded by Vierling to offer Resolution #443 A Resolution Adjusting the Fees on Trunk Water Policy. Ayes: Commissioners O'Toole, Cook and Vierling. Nayes: none. Resolution passed. Motion carried. Motion by Vierling, seconded by O'Toole to offer Resolution #444 A Resolution Setting Water Connection Charges: Ayes: Commissioners Vierling, O'Toole and Cook. Nayes: none. Resolution passed. Motion carried. Motion by Vierling, seconded by O'Toole to accept the final draft of Manager Van Hout 's employment contract . The final performance allowance for 1994 was $3, 500 .00 as determined previously by the Commission. Motion carried. There were 8 fire Calls for the month of January, 1995 for a total man hours of 4 hours and 20 minutes. There were no lost time accidents for January, 1995 . The next regular meeting of the Shakopee Public Utilities Commission will be held on March 6, 1995 at 4: 30 P.M. in the Utilities meeting room. Staff will be preparing a work plan for 1995 to be presented at the March meeting. Resolution #441 actually reduced electric rates for customers in the area acquired in 1991 to now be the same as all other SPUC customers. The memo from Manager Van Hout indicated that a comparison of electric rates with other Utilities showed SPUC to be competitive. Motion by O'Toole, seconded by Vierling that the meeting be adjourned. Motion carried. CA Ck,1\ik Barbara Menden, om ission Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR MEETING MARCH 7, 1995 SHAKOPEE, MINNESOTA Chairman Anderson called the meeting to order at 6:00 p.m. with the following members present: Moonen, Zeigler, Scannell and Anderson. Commissioners Bastyr and Harrison were absent. Paul Ryan, Studio Manager;Barry Stock, Assistant City Administrator; Kim Roden, Paragon Cable; and Mark Hammerstrom, Paragon Cable were also present. Mr. Stock stated that the City has received a request from Paragon Cable requesting approval of a transfer of control from KBLCOM, Inc.to Time Warner, Inc. Mr. Stock stated that this transaction is similar to the one that was approved last May. Mr. Stock stated that the consolidation of cable companies is a common trend right now given the competition from telephone companies and direct broadcast satellite systems. Commissioner Zeigler questioned whether or not the transfer would be transparent to the transcriber. Mr. Hammerstrom stated that this transfer should be even more transparent than the last transfer. Essentially, Paragon Cable will continue to be the name of the operating system in Minnesota. Mr. Stock requested Mark Hammerstrom to give a status report on the fiber optic installation. Mr. Hammerstrom stated that the fiber optic run from the Eden Prairie headend to the Shakopee headend is complete. Commissioner Anderson stated that he thought that the fiber optic run would be from the Chaska headend to the Shakopee headend. Mr. Hammerstrom stated that a separate fiber has been run from Eden Prairie to Shakopee. Commissioner Scannell questioned when the switch to the fiber optic line would take place. Mr.Hammerstrom stated that he thought the activation of the fiber optic line would take place early this summer. Paul Ryan questioned what the impact of the fiber optic line activation would be on the Shakopee system. Mr. Hammerstrom stated that the fiber optic line activation should improve the picture quality on the Shakopee system. Other than improved picture quality the switch to the fiber optic line should be transparent to the subscribers. Mr. Hammerstrom stated that early this summer the channels in Shakopee will be realigned. A second tier of service will be added that will consist of approximately 6 channels. Cable subscribers could access the new tier by paying an additional fee. The realignment will also put Shakopee's cable channels on the same grid pattern as all the other systems in the metro area. Moonen/Scannell moved to recommend to City Council that the transfer of ownership control from KBLCOM, Inc. to Time Warner, Inc. be approved. Motion carried unanimously. Moonen/Scannell moved to adjourn the meeting at 6:20 p.m. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE ACCESS CORPORATION REGULAR MEETING MARCH 7, 1995 SHAKOPEE, MINNESOTA The meeting was called to order at 6:21 p.m. with the following members present: Moonen, Zeigler, Scannell and Anderson. Paul Ryan, Studio Manager; and Barry Stock, Assistant City Administrator were also present. Mr. Stock stated that the Community Center project as currently proposed includes space for the Public Access Studio. Mr. Stock stated that City Council expects to generate a $600.00 per month rental rate for the studio space from the Access Corporation. Mr. Stock noted that the City's construction manager is meeting with the various user groups for the facility. He stated that it would be beneficial for members of the Access Corporation to meet with the construction manager to provide input in terms of the space. Commissioner Moonen noted that there were several areas of concern that need to be addressed in the construction of this space to ensure that the needs of the Access Corporation are met. Commissioner Anderson stated that 1,000 square feet should be enough to accommodate the needs providing it is laid out properly. Discussion ensued on the need for an actual studio within the area defined. It was the consensus of the group that the facility should be designed to provide space for adequate live productions in the studio. Mr. Moonen went on to state that it was important that the facility be wired so that direct live broadcast could be accommodated from the gymnasium and ice arena. Commissioner Zeigler noted that la Access Corporation does have some funds available to accommodate the new equipment upgrades that will be necessary once we occupy the space. Mr. Stock questioned whether or not the members could meet with the construction manager two weeks from tonight at 6:00 p.m. It was the consensus that the meeting date as proposed would accommodate everyone's schedule. Mr. Stock stated that he will send each member a meeting reminder and a user group input survey that has been developed by the construction manager prior to the meeting on March 21st. Paul Ryan gave a public access studio operating report. Mr. Ryan also reviewed several recent programming grant applications. Meeting adjourned at 7:20 p.m. ► 401E8°4i(10 Mirx,e:ota Department d �td 1tanspafon ) MAR 9 1995 U' Memo L CSC OI J Stale Aid for Local Transportation Division Md Stop 500,Room 420 Office tel:612/296-3013 395 John Ireland Boulevard mac:612/282-2727 St.Paul.MN 55155 March 7, 1995 TO: City Engineers, Administrators and Clerks FROM: Ken Straus Municipal Needs Manager SUBJECT: The use of population estimates for the 1996 Municipal State Aid Apportionment. The 9% of the Municipal State Aid that cities over 5, 000 population receive from the Highway Users Tax is apportioned 50% on money needs and 50% on population. For many years, the population apportionment has been based on the last Federal Census. This is an adequate method for cities with little or no population growth but cities that rapidly increase in population between the census years do not receive the appropriate proportion of the allocation until the next census is completed and used for the allocation. With this realization, numerous discussions among the city engineers ensued in 1994 whether to change to the use of population estimates along with the last census. These discussions resulted in a recommendation to the Screening Board that it was appropriate to allocate the 50% population portion of those funds based on the State Demographer' s and Metropolitan Council ' s estimates. Consideration of this recommendation resulted in the adoption of the following Screening Board Resolution. "Be it resolved that beginning with the calendar year 1996, the MSA population apportionment shall be determined using the latest available Federal Census or population estimates of the State Demographer and/or Metropolitan Council. However, no population shall be decreased below that of latest available Federal Census, and no city will be added to or dropped from the MSA eligible list based on population estimates. " SOME REASONS THAT A CHANGE IS BEING MADE TO USE POPULATION ESTIMATES. 1. Money Needs affect some cities negatively each year. The money needs are annual estimates used to determine what it costs to construct and maintain the Municipal State Aid Street System. These money needs are determined by using estimated quantities based on . projected street widths, traffic volumes and average unit prices. The data for these needs along with the traffic counts and unit prices are updated annually. This is done to reflect the most up to date needs of the cities. After each city' s money needs are determined, 50% of the money needs apportionment is allocated based on a prorated share that An equal opportunity employer 4 city needs bears to all other cities. Every year, many cities are affected negatively in the money needs apportionment distribution. 2 . Cities are annually compensated for the growth in mileage, but not for the growth in population which led to the increase in mileage. Normally, when the street mileage of a city increases so does the population of that city or vise versa. The city is allowed to designate up to 20k of its local street mileage as MSA streets. Within a year after the street is designated, it receives needs and shares in the 50 % distribution of the money needs allocation. However, in the past the increase in population was not adjusted which most likely created that extra eligible mileage. This meant that the street on the needs side received the annual allotment and on the population side it did not. Now with the use of estimates, both sides of the allocation formula will be adjusted due to the increase in mileage and population. A city will not wait up to 10 years to receive the additional population apportionment as it did in the past for the additional mileage that is required to be constructed and maintained. 3 . Cities would no longer incur the costs of a special census to have the apportionment reflect its population increase. By adjusting the population estimates annually, cities that have a rapid population growth would increase their population apportionment between the census years without taking a special census. Many cities will find it unnecessary to take a special census because the gain in apportionment will not warrant the cost. This will result in a substantial saving to the cities that are rapidly increasing in population. In the last decade, 12 original cities took a special census at least once and 5 cities took a special census in order to meet the 5000 population threshold. The latter requirement would still be necessary for new cities. 4. Accuracy A switch to the use of the latest population estimate would more closely reflect the actual population of a city and offer a more equitable di G* H bution of funds. The movement of people in our mobile society makes the census out of date the day after its taken and can be viewed as an estimate. The City Engineers and the Screening Board believe that the use of population estimates more equitably distributes the population apportionment between census periods. Staff from the State Demogragher' s Office and the Metropolitan Council have expressed a concern that their estimates will be challenged by some cities and that these challenges will increase if the estimate is used for making population apportionments. We believe that these estimates will be much more equitable than the current system. We did agree to inform all City Administrators of this change so that if there is an objection, we can be aware of it before the 1996 apportionment. If you have any questions or concerns in regard to .this change, feel free to call me at (612) 296-1662 . An equal opportunity employer MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: March 6, 1995 RE: February Court Appearances Attached are the charts of required court appearances . These show the activity so far this year, and include comparisons with the same months in previous years. If you have any questions about these, please let me know. 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Final Draft of the Comprehensive Mitigation Plan 2. February 27, 1995, meeting minutes 3. March 3, 1995, meeting minutes The Savage City Council will be reviewing and approving the Comprehensive Mitigation Plan in the next two to three weeks. The Savage Fen Management Plan is being revised at this time. After the completion of the revisions, the document will be forwarded to the Commissioner of the Department of Natural Resources for review and approval. If you have any questions on the Savage AUAR process, please call me at 445-3650. Thank you. (updateauar.cc) IRECEOVED MAR 1 3 1995 ..■. • COMPREHENSIVE MITIGATION PLAN Alternative Urban Areawide Review Savage • DRAFT March 1995 • Prepared by: BRW and Barr Engineering Company - Comprehensive Mitigation Plan Alternative Urban Areawide Review City of Savage • Table of Contents • Section Page 1.0 Introduction 1 2.0 Boiling Springs and Eagle Creek 2 3.0 Savage Fen Wetland Complex 12 4.0 Other Wetlands in AUAR Study Area 25 5.0 Natural Areas in AUAR Study Area 27 --- 6.0 Historical, Archeological, and Architectural Resources= 30 7.0 Other Development Related Issues 32 P:\5S\23 70060\227161\M5T • I ` f 1 .0 Introduction A comprehensive environmental protection plan has been prepared as part of the Alternative Urban Areawide Review (AUAR) process for the expanded Metropolitan Urban Service Area (MUSA) in the City of Savage (referred to as the AUAR Study .Area). This plan is intended to satisfy the AUAR rules that require. preparation of a "mitigation plan." The primary objective of the protection plan is to specify measures or procedures that will be used to protea the environment from potential impacts of future urbanization. Ano:her objective of the plan is to provide management recommendations for maintenance and restoration of important natural areas. A third objective of the plan is to specify legal and financial measures and institutional arrangements that will assure the mitigation occurs. The provisions of the protection plan will be used by the City of Savage to guide future urbanization through the avoidance, minimization, and/or mitigation of environmental impacts. The plan is not intended to modify the regulatory agencies' responsibilities for implementing their respective regulatory programs'.nor is it intended to create additional.regulatory requirements. This protection plan is also not intended to deprive or divest any persons of any use of property or right to which they are entitled by law. Finally, the AUAR and this protection plan may be silent as to environmental concerns or impacts that may later arise within the context of specific development proposals. This silence should not be construed as a bar to requests for new and/or additional environmental impact information and analysis. The AUAR and the Savage Fen Management Plan indicated that three particularly important regional natural resources are potentially affected by urban development in the City of Savage: Boiling Springs, Eagle Creek. and Savage Fen. The protection plan specifically addresses measures for the long-term protection and management of these three natural resources in Sections 2.0 and 3.0. Protection measures that will avoid and minimize environmental impacts in other wetlands and natural areas of the AUAR Study Area are provided in Sections 4.0 and 5.0, respectively. The protection of historical, archeological, and architectural resources are addressed in Section 5.0. Finally, protection measures for other potential development related impacts are discussed in Section 7.0. The protection measures are presented as goals and strategies that the City and/or other regulatory agency will implement to protect Boiling Springs, Eagle Creek, and the Savage Fen and to protect other environmental resources in the AUAR Study Area. PASS\2370060\22716 1`mST l 2.0 Boiling Springs and Eagle Creek • Boiling Springs and Eagle Creek are two important regional natural resources located in the northwestern part of the AUAR Study Area as shown on Figure 1. Eagle Creek is a state-designated trout stream fed by Boiling Springs, so named because it errupts from the bottom of the pond with sufficient velocity to create a boiling effect. Eagle Creek is the last known stream in the Minnesota River Valley that supports a population of self- reproducing brown trout, and one of the few trout streams in the Seven County Metropolitan Area. It is the intent of the City of Savage to protect both Boiling Springs and both branches of Eagle Creek from further degradation and to maintain the stream as a coldwater fisheries capable of supporting a viable population of trout. Goal 1 : Protect and Maintain the Quality of Surface Water Inflows to Eagle Creek. • 4. Protection Strategies: 1. Develop a comprehensive stormwater management plan that emphasizes the protection of water quality in Eagle Creek, sets forth criteria for the design and performance of stormwater detention basins, and the maintenance of post-development peak discharges to less than or equal to pre-development conditions for 2, 10 and 100-year rainfall occurrence conditions, as specified in the City's Stormwater Management Plan. Responsible Parties: City of Savage Regulatory Program: Minn. Statutes 1038.235 and Minn. Rules 8410 Implementation Timeframe: Plan will be completed by January 1996 2. Require developers, when feasible, to route existing and future stormwater runoff from the contributing watershed away from Eagle Creek, to ensure "no net change" in the quantity and quality of surface water inflow. P:\SS\23 70060\22 716 1\MST 2 t � Responsible Parties: City of Savage, City of Shakopee, and Lower Minnesota River Watershed District (LMRWD) Regulatory Program: City's Stormwater Management Plan Implementation Timeframe: City's Plan will be completed by January 1996. During interim period, policy will be implemented by review and approval of grading plans. 3. Promote land uses adjacent to the buffer strip along the east branch of Eagle Creek that cause minimal parking, truck traffic. outdoor storage or other activities which will thereby minimize sediment laden or contaminated surface runoff to the creek. Use this Mitigation Plan to review and guide development, design, and implementation. Responsible Parties: City of Savage Regulatory Program: City of Savage Zoning, Development and Subdivision Ordinances Implementation Timeframe: Existing ordinances and as amended according to the Mitgation Plan 4. Require the use, management, and enforcement of Best Management Practices (BMPs) and Wet Stormwater detention basins to control erosion and sedimentation during and after construction of projects affecting Eagle Creek and Boiling Springs. Responsible Parties: City of Savage, City of Shakopee Regulatory Program: Stormwater Management Ordinance, MPCA-NPDES Program, Developer Agreements Implementation Timeframe: Ordinance will be adopted in March 1995 5. Maintain an undeveloped vegetated buffer strip aiong the Eagle Creek corridor Responsible Parties: City of Savage, City of Shakopee, Minnesota Department of Natural Resources (MnDNR), Homeowners Association(s), and LMRWD Regulatory Program: Development and Subdivision Ordinance: Shoreland Management Ordinance, Corridor Management Plan Implementation Timeframe: Existing ordinances and as amended according to the Mitigation Plan. 6. Develop and conduct annual educational programs for local residents on the effects of fertilizers and turf management chemicals on Eagle Creek and Boiling Springs. P:'SS\2370060\22716_1\MST 3 Responsible Parties: Scott County Soil and Water Conservation District (SWCD), City of Savage, City of Shakopee, MnDNR, Public Interest Groups, University of Minnesota Extension Service Regulatory Program: Voluntary program Implementation Timeframe: Ongoing 7. Implement a water quality monitoring program, including temperature, for Eagle Creek/Boiling Springs in accordance with Minnesota Pollution Control Agency (MPCA) and Metropolitan Council water quality monitoring guidelines. as specified. Responsible Parties: LMRWD and/or MnDNR. City of Savage. City of Shakopee, MPCA, Metropolitan Council Regulatory Program: Voluntary program but funding could be provided from City Stormwater Drainage Utility and/or Watershed District Data Acquisition Fund (MS103D.905 Subd.3.) Implementation Timeframe: LMRWD or the MnDNR will prepare water quality monitoring plan. Data collection will begin in 1995 and continue annually with results to be published in the annual report of the LMRWD and entered into the STORET database. Goal 2: Maintain and Improve Groundwater Discharge Rates at Boiling Springs and the Baseflow of Eagle Creek Protection Strategies: 1. Conduct an Alternative Water Source Study including modeling of adjacent community wells and the location of a new water source(s) for Savage and other interested communities. Responsible Parties: Cities of Savage, Burnsville, Shakopee, Prior Lake, Shiely Company and MnDNR Regulatory Program: Public water utilities of Cities; MnDNR Water Appropriations Permit Program Implementation Timeframe: The study has begun and will be completed by Spring 1995. P:\SSL3 70060\2 2 716 11NIST 4 3. Commit to alternative water sources for the ultimate potable water supply for the City of Savage, limit existing wells to peak/back-up functions and prohibit the development of additional water supply wells in the Prairie du Chien/Jordan aquifer lying below Savage. Responsible Parties: City of Savage and MnDNR Regulatory Program: Wetland Conservation Act. DNR Water Appropriation Permit Program Implementation Timetable: Effective immediately 3. Promote inter-community cooperation in Finding and using alternative water sources. other than the Prairie du Chien/Jordan acquifer: Responsible Parties: MN DNR, City of Savage, City of Shakopee, Shakopee Public Utilities Commission, City of Burnsville, City of Lakeville, Townships Regulatory Program: Voluntary Implementation Timeframe: Ongoing 4. Develop an interim water supply strategy that incorporates the use of wells developed in the deeper FranconiaiIronton-Galesville, or Mount Simon/Hinckley aquifers. Responsible Parties: City of Savage and MnDNR Regulatory Program: Wetland Conservation Act Implementation Timeframe: Interim strategy currently being implemented. 5. Promote the "no-net-loss" of groundwater recharge capabilities for recharge areas of the aquifers discharging to Boiling Springs and Eagle Creek. Responsible Parties: Cities of Savage, Burnsville, Prior Lake, Shakopee: Watershed Districts and Management Organizations in recharge areas of Prairie du Chien aquifer, and Scott County; Credit River Township; MN DNR Regulatory Program: Stormwater Management Plans and County Groundwater Management Plan Implementation Timeframe: The City of Savage will incorporate this policy in the Stormwater Management Plan (completion date: January 1996) and will work with other responsible parties on the recharge issue. 6. Implement water conservation strategy to aid recharge of groundwater resources. P:\SS\2370060\3'_716_1\MST 5 , 1 Responsible Parties: City of Savage Regulatory Program: City's Water Conservation Plan Implementation Timeframe: Draft of Plan has been completed: adoption and implementation during 1995. a 7. Construct stormwater detention pond outlets in the Eagle Creek watershed area so that normal water levels in the ponds are above groundwater levels. Responsible Parties: City of Savage, City of Shakopee. and L`MR\\D Regulatory Program: City's Stormwater Management Plan Implementation Timeframe: City's Plan will be completed by January 1996. During interim period. policy will be implemented by review and approval of grading plans. 8. Perform field survey prior to utility construction to identify areas of shallow upwelling groundwater and restrict underground utility construction within 500 feet of either Boiling Springs or in known areas of shallow upwelling groundwater, to avoid providing high permeability path for the groundwater. Responsible Parties: City of Savage, City of Shakopee. and LMRWD Regulatory Program: Development and Subdivision Ordinances Implementation Timeframe: Ordinances will be amended by May 1995 to specify this requirement. During interim period, policy will be implemented by review and approval of utility, street and grading plans. 9. Require backfilling of utility trenches in Eagle Creek area with native material or use other measures to prevent incidental drainage of the shallow groundwater in the area. Responsible Parties: City of Savage, City of Shakopee, and LMRWD Regulatory Program: Development and Subdivision Ordinances Implementation Timeframe: Ordinances will be amended by May 1995 to specify this requirement. During interim period, policy will be implemented by review and approval of utility, street and grading plans. P:\SS\23 7 0060\22 716_1\1ST 6 10. Construct all utility crossings of Eagle Creek (except small-diameter cable crossings) using trenchless technology to avoid creation of high permeability trenches in soil. Responsible Parties: City of Savage and City of Shakopee Regulatory Program: Development and Subdivision Ordinances Implementation Timeframe: City of Savage ordinances will be amended in 1995 to specify this requirement 11. Prohibit permanent dewatering facilities near Eagle Creek and require that house basements be constructed above groundwater levels. Responsible Parties: City of Savage and City of Shakopee Regulatory Program: Development and Subdivision Ordinances Implementation Timeframe: City of Savage ordinances will be amended in 1995 to specify this requirement 12. Construct stormwater siphons under the creek to water main standards to eliminate possibility of leakage into the stormwater system. Responsible Parties: City of Savage, City of Shakopee, and MnDNR Regulatory Program: Development and Subdivision Ordinances and MnDNR Protected Waters Program Implementation Timeframe: Regulations currently in effect 13. Discontinue the use of private wells in the Eagle Creek area in accordance with well abandonment procedures of the Minnesota Department of Health and provide the proposed residential lots in Shakopee with municipal water from Savage. Responsible Parties: City of Shakopee, Shakopee Public Utilities Commission, and City of Savage. Regulatory Program: Joint Powers agreement between Cities of Shakopee and Savages, and Shakopee Public Utilities Commission Implementation Timeframe: Will be implemented by Cities as development occurs. P:\SS\2370060122716_1`,J1ST 7 • . V 14. Modify the groundwater monitoring program specified in the Savage Fen Management Plan to include monitoring of groundwater levels in the Eagle Creek and Boiling Springs area. Responsible Parties: City of Savage, MnDNR, and LMRWD Regulatory Program: Voluntary Program Implementation Timeframe: The City of Savage will modify the groundwater monitoring plan and the MnDNR will implement the program in 1995 Goal 3: Protect and Maintain the Quality of Groundwater Discharging to Boiling Springs and Eagle Creek Protection Strategies: 1. Develop as part of the Wellhead Protection Plan for the City of Savage "wellhead" protection areas for acquifers discharging groundwater to Boiling Springs, Eagle Creek, and the Savage Fen Wetland Complex. Responsible Parties: City of Savage Regulatory Program: Minnesota Department of Health Wellhead Protection Program as mandated by the 1989 Groundwater Protection Act Implementation Timeframe: A Wellhead Protection Plan will be developed in 1996. 2. Encourage Scott County, Watershed Management Districts, and Organizations to develop a county-wide groundwater protection plan that emphasizes the protection of groundwater discharging to Boiling Spring, Eagle Creek, and the Savage Fen Wetland Complex. Responsible Parties: City of Savage, Scott County, Water Management Districts and Organizations Regulatory Program: Voluntary Program Implementation Timeframe: Scott County is in the process of developing a plan. 3 Regulate the use, handling, and disposal of hazardous wastes within the recharge areas for the aquifers discharging groundwater to Boiling Springs and Eagle Creek. Responsible Parties: Minnesota Pollution Control Agency (MPCA), Scott County Regulatory Program: Hazardous Waste Rules P:\SS\2370060\22716_1\MST 8 1�r ,► �. Implementation Timeframe: Currently in effect 4. Conduct an on-site septic system inspection and evaluation program to monitor and evaluate the condition and treatment functions of these systems. Responsible Parties: Cities of Savage and Shakopee: MPCA Regulatory Program: Ordinances Implementation Timeframe: City of Savage Ordinances in existence 5. Develop and conduct annual educational programs for local residents on the potential adverse effects of • fertilizers, turf management chemicals, and other household hazardous wastes on Eagle Creek and Boiling Springs. Responsible Parties: Scott County Soil and Water Conservation District (SWCD), City of Savage, City of Shakopee, and Public Interest Groups Regulatory Program: Voluntary program Implementation Timeframe: Scott County S\VCD will develop an educational program. Goal 4: Maintain a Self-Sustaining Population of Trout in Eagle Creek Protection Strategies: 1. MnDNR will prepare a fisheries management plan for the Eagle Creek area. The management plan should include a discussion of fishing regulations and habitat improvement projects needed to maintain a sustainable trout population and an evaluation of potential impacts of fisheries management on other species of concern (e.g., American brook lamprey). Responsible Parties: MnDNR Regulatory Program: MnDNR Division of Fish and Wildlife programs Implementation Timeframe: The plan will be developed in 1995-96. P:\SS\2370060\22716 IVAST 9 ., s 1 2. Implement habitat improvement projects specified in fisheries management plan. Responsible Parties: MnDNR, Trout Unlimited, United States Fish and Wildlife Service, Scott County Soil and Water Conservation District Regulatory Program: Voluntary Programs Implementation Timeframe: As soon as possible after implementation of the plan Goal 5: Provide Passive Recreational and Cultural Opportunities at Boiling Springs and Eagle Creek Protection Strategies: 1. Develop management plan for the Eagle Creek and Boiling Springs area. The management plan should include a discussion of improvement projects needed to provide passive recreational and cultural opportunities. It should.also address maintenance and operational.considerations. Responsible Parties: City of Savage, City of Shakopee, MnDNR, Shakopee Mdewakanton Sioux Community, LIvIRWD Regulatory Program: Joint Management Plan Implementation Timeframe: Preparation of a development plan will be completed in 1995-96. 2. Encourage controlled access to Eagle Creek and Boiling Springs through the planning review process. Responsible Parties: City of Savage, City of Shakopee, MnDNR, and Trout Unlimited Regulatory Program: Voluntary Program Implementation Timeframe: Negotiations currently being conducted on purchase of land adjacent to Boiling Springs and Eagle Creek 3. Develop trails and public space at Boiling Springs and along Eagle Creek that minimize disturbances and are sensitive to the maintenance of natural conditions. Responsible Parties: City of Savage, City of Shakopee, MnDNR. LMRWD P:\SS\2370060122716_11MST 10 Regulatory Program: City of Savage Park Development Plan, Joint Corridor Management Plan Implementation Timeframe: Preparation of a mangement plan will be completed in 1995-96. 4. Preserve archeological, historical and architectural resources in the vicinity of Boiling Springs and Eagle Creek. Coordinate Phase I archeological surveys in those portions of the public corridor along Eagle Creek/Boiling Springs that will be disturbed in the improvement process. Responsible Parties: MnDNR. City of Savage Regulatory Program: Joint Corridor Management Plan Implementation Timeframe: 1995-1996 Goal 6: Minimize the Visual Impacts of Development on the Boiling Springs and Eagle Creek Area Protection Strategies: 1. Manage Eagle Creek linear public open space to maintain it in its natural state. Responsible Parties: City of Savage, City of Shakopee, MnDNR, Homeowner's Association, LMRWD Regulatory Program: Joint Management Plan Implementation Timeframe: Preparation of a corridor management plan will be completed in 1995- 96. 2. Restrict the construction of roads and bridges within 500 feet of the Boiling Springs, minimize the number of bridges across Eagle Creek, and sensitively design bridges with aesthetic consideration for the site. Responsible Parties: City of Savage, City of Shakopee, MnDNR, and LMRWD Regulatory Program: Joint Management Plan Implementation Timeframe: Preparation of a corridor managment plan will be completed in 1995-96. P:\SS\2370060\22716_1\NIST 3.0 Savage Fen Wetland Complex A portion of the Savage Fen Wetland Complex is located in the northeastern corner of the AUAR Study Area as shown on Figure I. The Wetland Complex contains rare calcareous fen plant communities and other plant communities collectively referred to as the Savage Fen Wetland Complex. The Savage Fest Wetland Complex includes one of the largest calcareous fens in Minnesota. State-listed threatened plant species and special concern (i.e., rare) plant species have been documented in the Savage Fen Wetland Complex. It is the intent of the City of Savage to protect the Savage Fen Wetland Complex by preserving the calcareous fen plant communities and other areas containing threatened, endangered or other species of special concern. The City is aware of the sensitivity of the Savage Fen Wetland Complex and, consequently, will seek to protect against degradation of the complex (including both calcareous fen and other wetlands) in accordance with applicable laws and regulations. Goal 1 : Preserve the Calcareous Fen Plant Communities and Threatened and Endangered Plant Species Protection Strategies: 1. Regulate. in accordance with state and federal law, any projects that adversely impact the calcareous fen or areas containing state- or federally-listed plant or animal species that are threatened, endangered, or • are of special concern. While the primary emphasis is on direct impacts to the fen (filling, excavating, flooding, draining and vegetation removal), indirect impacts from projects within or outside the wetland complex will also be monitored and appropriately regulated. Responsible Parties: City of Savage, USACE, MnDNR, MPC A, and USEPA Regulatory Program: Stormwater Management Plan, Stormwater Management Ordinance, Development and Subdivision Ordinances, Wetland Conservation Act, MnDNR Commissioner-approved Savage Fen Management Plan, Sections 401 and 404 of the Clean Water Act, Water Appropriations Permit Program, and State Endangered Species Act. P:1SS\2370060122716_11MST 12 Implementation Timeframe: Some Regulations are currently in effect. The Savage Fen Management Plan and certain ordinances are in development. The Fen Management Plan must be approved by the Commissioner of the MnDNR. 3. Encourage the Minnesota Department of Natural Resources. U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers to conduct a thorough survey of the Savage Fen Wetland Complex (including • areas east and west of Highway 13) and cieariv delineate all areas that meet the technical criteria of calcareous fen and/or contain threatened. endangered. or species of special concern. Responsible Parties: MnDNR, USFWS. and USACE. City of Savage Regulatory Program: Wetland Conservation Act and Section 404 of the Clean Water Act, MnDNR's County Biological Survey Program. Implementation Timeframe: The City of Savage will prepare a letter to each of these agencies requesting that the survey of the Savage Fen Wetland Complex be completed as soon as possible. 3. Until a more thorough plant survey is completed. require plant surveys prior to any construction activity within the boundaries of the Savage Fen Wetland Complex to determine if the potentially affected area meets the technical criteria of calcareous fen or if the area contains endangered or threatened plant species. Any areas meeting these criteria can not be adversely affected. Responsible Parties: City of Savage; USACE, and MnDNR Regulatory Program: State Endangered Species Act. Section 404 of the Clean Water Act. Wetland Conservation Act, Savage Fen Management Plan, and Development and Subdivision Ordinances. Implementation Timeframe: Most regulations are currently in effect. The Savage Fen Management Plan will be implemented after MnDNR approval. The Ordinances will be amended in 1995-96 to specify this requirement. 4. Limit public access to the calcareous fens and areas containing threatened and endangered plant species on public lands. Responsible Parties: MnDNR and USFWS Regulatory Program: Management Plans for the Minnesota Valley National Wildlife Refuge • MVNWR) and the Savage Fen Scientific and Natural Area (Savage Fen SNA) P:\SS\2370060\22716_1\NISI 13 Implementation Timeframe: The NInDNR and USFWS will prepare and implement management plans that address public access. Goal 2: Promote a Policy of "No-Net-Loss" of Wetland Functions and Values by Avoiding and Minimizing Wetland Impacts When Feasible and Compensating for Unavoidable Impacts Protection Strategies: 1. Require practical and feasible avoidance and minimization of wetland impacts and require replacement of all unavoidable impacts. as specified in state and federal regulations. in the Savage Fen Wetland Complex. Responsible Parties: City of Savage, U.S. Army Corps of Engineers (USACE), LMRWD, MPCA, MnDNR, United State Environmental Protection Agency(US EPA) Regulatory Program: Wetland Conservation Act, Sections 401 and 404 of the Clean Water Act, and MnDNR Commissioner-approved Fen Management Plan Implementation Timeframe: Regulations currently in effect: Fen Management Plan should be available in 1995-96. 2. In impact is unavoidable, use previously disturbed areas, when practicable, if constructing projects in the Savage Fen Wetland Complex. Responsible Parties: City of Savage, USACE, LMRWD, MnDNR, MPCA, USEPA, Scott County Regulatory Program: Wetland Conservation Ac:, Sections 401 and 404 of the Clean Water Act Implementation Timeframe: Regulations currently in effect 3. If the impacts are unavoidable, minimize the area of encroachment to the extent practicable when P constructing projects in or adjacent to the Savage Fen Wetland Complex. Responsible Parties: City of Savage, USACE. LMRWD, MnDNR, MPCA, USEPA, Scott County Regulatory Program: Wetland Conservation Act, Sections 401 and 404 of the Clean Water Act, MnDNR Commissioner-approved Fen Management Plan Implementation Timeframe: Regulations currently in effect; Fen Management Plan should be available in 1995-96. - PASS 12370060\_2716_1'.MIST 14 4. Review guide plan and zoning status for each property parcel within the Savage Fen We:land Complex and modify those designations, as appropriate. Responsible Parties: City of Savage Regulatory Program: Planning and Zoning Ordinances Implementation Timeframe: 1995-96 5. Promote the purchase and appropriate management of property parcels within the Savage Fen Wetland Complex that are directly responsible for the continued viability of the calcareous ten pint communities and other threatened, endangered, or special concern species. Responsible Parties: USACE, USFWS, MnDNR, Minnesota Department of Agriculture Regulatory Program: • Implementation Timeframe: Ongoing Goal 3: Maintain and knprove Upwelling Groundwater Conditions in the Savage Fen Wetland Complex Protection Strategies: Most of the following protection strategies are an extension of the strategies specified in Section 2.0 for protection of Boiling Springs and Eagle Creek. 1. Promote the "no-net-loss" of groundwater recharge capabilities for recharge areas of the aquifers discharging to the Savage Fen Wetland Complex. Responsible Parties: Cities of Savage, Burnsville, Prior Lake. Shakopee; Watershed Districts and Management Organizations in recharge areas of Prairie du Chien aquifer: and Scott County; Credit River Township; MnDNR Regulatory Program: Stormwater Management Plans and County Groundwater Management Plan Implementation Timeframe: The City of Savage will incorporate this policy in the Stormwater Management Plan (completion date: January 1996) and will work with other responsible parties on the recharge issue. P:\SS\23 70060`22716_I'MST 15 2. Conduct an Alternative Water Source Study including modeling of adjacent community wells and the location of a new water source(s) for Savage and other interested communities. Responsible Parties: Cities of Savage, Burnsville, Shakopee, Prior Lake, Shiely Company and r MnDNR Regulatory Program: Public water utilities of Cities: MnDNR Water Appropriations Permit Program Implementation Timeframe: The study has begun and will be completed in 1995. 3. Commit to alternative water sources for the ultimate potable water supply for the City of Savage, limit existing wells to peak'back-up functions, and prohibit the development of additional water supply wells in the Prairie du Chien/Jordan aquifer lying below the City. Responsible Parties: City of Savage and MnDNR Regulatory Program: Wetland Conservation Act, MnDNR Water Appropriations Permit Program Implementation Timetable: Effective immediately 4. Promote inter-community cooperation in finding and using alternative water sources, other than the Prairie du Chien/Jordan acquifer. Responsible Parties: MnDNR, City of Savage, City of Shakopee, Shakopee Public Utilities Commission. City of Burnsville. City of Lakeville, Townships Regulatory Program: Voluntary Implementation Timetable: Ongoing 5. Develop an interim water supply strategy that incorporates the use of wells developed in the deeper FranconiaiIronton-Galesville or Mount Simon/Hinckley aquifers. Responsible Parties: City of Savage and MnDNR Regulatory Program: Wetland Conservation Act, MnDNR Water Appropriations Permit Program Implementation Timeframe: Interim strategy currently being developed 6. Evaluate the impact of the additional and existing private wells within the recharge area and develop strategies to control or lessen future impacts. Responsible Parties: City of Savage, Scott County, MnDNR, Metropolitan Council P:\SS\2370060\22716_1\MST 16 ' , Regulatory Program: MnDNR Water Appropriation Permit Program Implementation Timeframe: Ongoing 7. Implement water conservation strategy to aid recharge of groundwater resources. Responsible Parties: City of Savage Regulatory Program: City's Water Conservation Plan Implementation Timeframe: Draft of Plan has been completed: adoption and implementation during 1995. 8. Promote the re-establishment of water impoundment areas within the recharge area to increase groundwater levels in the Savage Fen Wetland Complex. Responsible Parties: Cities of Savage, Burnsville, Prior Lake, Shakopee; Watershed Districts and Management Organizations in the recharge areas of Prude du Chien/Jordan aquifer; Scott County Credit River Township; Soil and Water Conservation Disticts: MnDNR; and the Metropolitan Council Regulatory Program: Ordinances: Development Agreements Implementation Timeframe: Ongoing 9. Develop surface water retention facilties that promote recharge in the drift/glacial till layer in areas adjacent to the Savage Fen Wetland Complex. Responsible Parties: City of Savage, Developers Regulatory Program: Savage Stormwater Management Plan Implementation Timeframe: Plan will be completed by January 1996. 10. During construction projects, minimize temporary dewatering activities in or near the Savage Fen Wetland Complex and limit the dewatering activities to the non-growing season. This time period is understood to be after winter freeze-up and before spring thaw. The dewatering must be done in a manner that does not cause inadvertent harm to the calcareous fen plants and the dewatered area must be completely recovered prior to the start of the growing season. Responsible Parties: MnDNR Regulatory Program: Water Appropriations Permit Program Implementation Timeframe: Permit program currently in effect P:\SS\3370060\22716 1':MIST _ 17 I 1. Require backfilling of utility trenches in the Savage Fen Wetland Complex area with native material or use other measures to prevent incidental drainage of the shallow groundwater in the area. Responsible Parties: City of Savage and LMRWD. Regulatory Program: Development and Subdivision Ordinance. Implementation Timeframe: Ordinances will be amended in 1995 to specify this requirement. During interim period, policy will be implemented by review and approval of utility, street. and grading plans. Goal 4: Protect and Maintain the Quality of Groundwater Discharging to the • Savage Fen Wetland Complex Protection Strategies: Most of the following protection strategies are an extension of the strategies specified in Section 2.0 for protection of Boiling Springs and Eagle Creek. 1. Develop as part of the Wellhead Protection Plan for the City of Savage "wellhead" protection areas for aquifers discharging groundwater to Boiling Springs, Eagle Creek, and the Savage Fen Wetland Complex. Responsbile Parties: City of Savage Regulatory Program: Minnesota Department of Health Wellhead Protection Program as mandated by the 1989 Groundwater Protection Act Implementation Timeframe: A Wellhead Protection Plan will be developed in 1996. 2. Encourage Scott County, Watershed Management Districts, and Organizations to develop a county-wide groundwater protection plan that emphasizes the protection of groundwater discharging to Boiling Springs. Eagle Creek, and the Savage Fen Wetland Complex. Responsible Parties: City of Savage, Scott County, Watershed Management District and Organizations P:\SS12370060'.22716_1\MST 18 R , Regulatory Program: Voluntary Program Implementation Timeframe: Scott County is in the process of developing a plan. 3. Regulate the use, handling, and disposal of hazardous wastes within the recharge areas for the aquifers discharging groundwater to the Savage Fen Wetland Complex. Responsible Parties: MPCA. Scott County Regulatory Program: Hazardous Waste Rules Implementation Timeframe: Rules currently in effect 4. Conduct an on-site septic system inspection and evaluation program to monitor and evaluate the condition and treatment functions of the sytems. Responsibile Parties: Cities of Savage and Shakopee; MnPCA Regulatory Program: Ordinances • Implementation Timeframe: City of Savage ordinances in existence S. Develop and conduct an annual educational programs for local residents on the potential adverse effects of fertilizers, turf management chemicals, and other household hazardous wastes on the Savage Fen Wetland Complex. Responsible Parties: City of Savage and Scott County Soil and Water Conservation District (SWCD), MnDNR, USFWS, and Public Interest Groups Regulatory Program: Voluntary program Implementation Timeframe: Scott County SWCD will develop an educational program. 6. Implement the groundwater monitoring program specified in the Savage Fen Management Plan. If monitoring activities indicate growing adverse impacts from the use of fertilizers and turf management chemicals, consider adding more stringent regulatory measures. Responsible Parties: MnDNR, City of Savage Regulatory Program: MnDNRS Commissioner-approved Savage Fen Management Plan P:\SS\2370060\22716 1\MST 19 Implementation Timeframe: The groundwater monitoring program will be implemented immediately after the MnDN'R approves the Savage Fen Management Plan. Goal 5: Protect and Maintain the Quantity and Quality of Surface Water Discharging to the Savage Fen Wetland Complex • Protection Strategies: Most of the following protection strategies are an extension of the strategies specified in Section 2.0 for protection of Boiling Springs and Eagle Creek. 1. Develop a comprehensive stormwater management plan that emphasizes the protection of water quality in the Savage Fen Wetland Complex, sets forth criteria for the design and performance of stormwater detention basins, and the maintenance of post-development peak discharges to less than or equal to pre- development conditions for 2, 10 and 100-year rainfall occurrence conditions. Responsible Parties: City of Savage. LMRWD Regulatory Program: Minn. Statutes 103B235 and Minn. Rules 8410. Implementation Timeframe: Plan will be completed by January 1996 2. Promote land uses and require stormwater collection and treatment facilities that prevent the introduction of detrimental surface water into the Savage Fen Wetland complex. Responsible Parties: City of Savage and LMRWD Regulatory Program: City of Savage Zoning, Development, and Subdivision Ordinances. City's Stormwater Management Plan Implementation Timeframe: Land use ordinances are currently in effect. City's Stormwater Plan will be completed by January 1996. During the interim period, policy will be implemented by review and approval of grading plans. P:\SS\23 7 0060\22716_1 MIST 20 • 3. Require the use, management, and enforcement of Best Management Practices (BMPs) and wet stormwater detention basins to control erosion and sedimentation during and after construction projects affecting the Savage Fen Wetland Complex. Responsible Parties: City of Savage. LMRWD. NIPCA Regulatory Program: Stormwater Management Ordinance: MPCA-NPDES Program. Developer's Agreements Implementation Timeframe: Ordinance wiil be adopted in March 1995 4. Regulate the operation and eventual reclamation of the gravel mine operation located south of the Savage Fen Wetland Complex, to ensure compliance with all applicable regulations andto minimize adverse impacts to the wetland complex. The City of Savage will promote construction of an effective sedimentation basin to treat stormwater runoff from the mining operation. Responsible Parties: City of Savage and MPCA Regulatory Program: City Mining Ordinance, MPCA Permit Program Implementation Timeframe: Ongoing 5. Encourage maintenance of natural drainage ways to control erosion while also providing for normal surface water flows to the Savage Fend Wetland Complex. Responsible Parties: City of Savage, MnDNR, USACE, USFWS Regulatory Program: Stormwater Management Plan Implementation Timeframe: Plan will be completed by January 1996. 6. Encourage buffer strips within required setbacks from the bluff line to protect the natural slope. Responsbile Parties: City of Savage, LMRWD Regulatory Program: Development and Subdivision Ordinances Implementation Timeframe: Ordinances are in effect. P:\SS\2370060\22716_1`.MIST i Goal 6: Restore and Manage Public Lands Within the Savage Fen Wetland Complex to Control Invasive Plant Species, to Restore Native Plant Communities, and to Promote Species Diversity Protection Strategies: 1. Control invasive plant species using hand labor methods, but permirtin2 mechanical, chemical or prescribed burn techniques. when necessary. Responsible Parties: MnDNR, USFWS. and volunteers under their supervision. Regulatory Program: Minnesota Valley Natural Wildlife Refuge (MVNWR) and Savage Fen SNA Management Plans Implementation Timeframe: Control program currently in effect on USFWS property. The MnDNR should develop a control program in cooperation with the USFWS. 2. Conduct a survey of the Savage Fen Wetland Complex to identify areas where restoration is needed. Responsible Parties: MnDNR, USFWS and volunteers under their supervision. pP Regulatory Program: MVNWR and Savage Fen SNA Management Plans Implementation Timeframe: The MnDNR and USFWS should develop a plan for the survey and conduct it as soon as possible. 3. Prepare a restoration and management plan for all public lands within the Savage Fen Wetland Complex. Responsible Parties: MnDNR and USFWS Regulatory Program: MVNWR and Savage Fen SNA Management Plans; MnDNR Commissioner- approved Fen Management Plan Implementation Timeframe: The plan preparation is currently in process. P:\SS\2;70060\22716 1\MST 22 4. Remove fill material from public lands within the Savage Fen Wetland Complex wherever practicable and give priority to the restoration of native wet prairie and calcareous fen plant communities, and if not feasible. to the restoration of other wetland plant communities. Maintain and monitor restoration site(s) for at least ten years. Responsible Parties: City of Savage. USF1X'S. and MnDNR. Fen restoration, maintenance and monitoring will be conducted by M1nD`R. USFWS. and volunteers under their supervision. The City in conjunction with the USFWS and MnDNR will encourage developers to undertake restoration of identified areas in fen as part of other mitigation requirements. If restoration is part of private mitigation project, developer will be contractually held responsible for maintenance and monitoring. Regulatory Program: Voluntary restoration programs or restoration in conjunction with City. County, or private project Implementation Timeframe: Fill material will be removed and the areas restored as needed. S. Implement the vegetation monitoring program, as specified in the MnDNR Commissioner-approved Savage Fen Management Plan. to evaluate the effects of ongoing fen management activities. Responsible Parties: USFWS, MnDNR, USACE Regulatory Program: MVNWR Management Plan and MnDNR Commissioner-approved Savage Fen Management Plan Implementation Timeframe: The monitoring will begin in 1995 6. Restore and improve the hydrology of the Savage Fen by discontinuing the use of existing City water supply wells to the extent practicable. Responsible Parties: City of Savage Regulatory Program: Alternative Water Supply Study Implementation Timeframe: The City is currently conducting the study and will modify their water supply program if it is deemed feasible. 7. Promote strategies 1-4 (above) for private properties within the Savage Fen Wetland Complex through the provision of technical assistance. • Responsible Parties: City of Savage. MnDNR. USFWS. USACE P:\SS12370060\22716_1\MST �� • } Regulatory Program: Voluntary Implementation Timeframe: Ongoing 8. Evaluate the impact of additional and existing private wells within the recharge area and develop strategies to control or lessen future impacts. Responsible Parties: City of Savage. Scott County, MnDNR, Metropolitan Council Regulatory Program: MnDNR Water Appropriations Permit Program Implementation Timeframe: Ongoing 9. Promote inter-community cooperation in finding and using alternative water sources other than the Prairie du Chief/Jordan acquifer. Responsible Parties: MnDNR, City of Savage, City of Shakopee, Shakopee Public Utilities Commission, City of Burnsville, City of Lakeville, Townships Regulatory Program: Implementation Timeframe: 10. Review guide plan and zoning status for each property parcel within the Savage Fen Wetland Complex and modify these designations as appropriate. Responsible Parties: City of Savage Regulatory Program: Planning and Zoning Ordinances Implementation Timeframe: 1995-96 11. Promote the purchase and appropriate management of property parcels within the Savage Fen Wetland Complex that are directly responsible for the continued viability of the calcareous fen plant communities and other threatened, endangered, or special concern species. Responsible Parties: USACE, USFWS, y1nDNR, MN Department of Agriculture Regulatory Program: Implementation Timeframe: Ongoing P:\SS123 70060\22716_1\MST "74 •_, s :_ .<.--. ,.... � . ... �. ti 4.0 Other Wetlands in AUAR Study Area Over one hundred wetlands have been identified within the AUAR Study Area. including a variety of wetland types. Most of the wetlands are located within the eastern half of the Study Area. The Savage Fen Wetland Complex is the largest wetland within the study area. The City of Savage, acting as the Local Government Unit for the administration of the Wetland Conservation Act. is required by law CO regulate wetlands in the City. It is the intent of the City to continue to require strict adherence to the rules of the Wetland Conservation Act and require that a sequencing process be followed during the design and construction of all projects. Sequencing is the process by which wetland impacts are first avoided and then minimized and by which unavoidable impacts are compensated through replacement with wetlands of equal functions and values. ti Goal 1 : Adhere to the Policy of "No-Net-Loss" of Wetland Functions and Values By Avoiding or Minimizing Wetland Impacts When Feasible or by Compensating for Unavoidable Impacts Protection Strategies: 1. Require practical and feasible avoidance and minimization of wetland impacts and require replacement of all unavoidable impacts as specified in state and federal regulations. Replacement wetlands must be developed within the AUAR Study Area to the extent practicable with emphasis on restoration within the Savage Fen Wetland Complex. Responsible Parties: City of Savage, USACE, MnDNR. MPCA, USEPA Regulatory Program: Wetland Conservation Act. Sections 401 and 404 of the Clean Water Act, MnDNR Protected Waters Program Implementation Timeframe: Regulations currently in effect P: SS\1370060\22716 I'.MST 1: Goal 2: Protect and Maintain the Quality of Surface Water Flowing to the Wetlands 1. Require the use. management, and enforcement of Best Management Practices (BMPs) and wet stormwater detention basins to control erosion and sedimentation by providing pretreatment of water discharged to wetlands during and after construction. • Responsible Parties: City of Savage. LMRWD. MnPCA Regulatory Program: Stormwater Management Ordinance. MnPCA-NPDES program, Developers Agreements Implementation Timeframe: Ordinance will be adopted in March 1995 2. Develop a comprehensive stormwater management plan that emphasizes the protection of the quality of waters discharged to wetlands, sets forth criteria for the desigrvand performance of stormwater detention basins and the maintenance of post-development peak discharges to less than or equal to pre- development conditions for 2, 10 and 100-year rainfall occurrence conditions. Responsible Parties: City of Savage, LMRWD Regulatory Program: Minn. Statutes 103B235 and Minn. Rules 8410 Implementation Timeframe: Plan will be completed by January 1996 3. Promote the maintenance of natural buffer zones of at least one rod along the boundary of wetlands as an interim strategy pending development of possible permanent standards. • Responsible Parties: City of Savage Regulatory Program: Wetland Conservation Act and Development and Subdivision Ordinances. City's Stormwdter Management Plan Implementation Timeframe: Wetland Conservation Act currently in effect. Ordinances will be amended by to specify wetland buffer area and setback requirements. as addressed in the City's Stormwater Management Plan. The Plan will be completed by January 1996. P:\SS\2370060\22716_1\MST 26 5 .0 Natural Areas in AUAR Study Area The AUAR Study Area includes three particuarly important natural areas: the Boiling Springs. Eagle Creek. and the Savage Fen Wetland Complex. Strategies for the protection of these natural areas are discussed in Sec:ions 2.0 and 3.0. Other natural areas, excluding wetlands. in the ALAR Study area consist primarily of mixed upland hardwood forests. A large portion of the existing hardwood forests are located along the steep bluffs near the Eagle Creek area and the Savage Fen Wetland Complex. The City of Savage is a tree city; the City is dedicated to the preservation of trees. It is the intent of the City to preserve urban forests and to protect ecologically significant areas to the extent practicable. Goal 1 : Protect the Bluff Slope Area Protection Strategies: 1. Minimize the disturbance of soils and vegetation on the steep slopes and bluffs in the AUAR Study Area. Responsible Parties: City of Savage, LMVWD Regulatory Program: Development and Subdivision Ordinances and Tree Preservation Ordinance Implementation Timeframe: Development and Subdivision Ordinances currently in effect. Tree Preservation ordinance will be adopted in March 1995. P:\SS'\2370060\22716 1\MMST - 2 Goal 2: Identify and Protect, Special Concern Species, Threatened, and Endangered Species and Ecologically Significant Areas in the AUAR Study Area Protection Strategies: The Minnesota Department of Natural Resources will conduct a survey of rare. threatened. and endangered species and ecologically significant areas in the AUAR Study Area as part of the County Biological Survey Program. Responsible Parties: City of Savage and MnDNR Regulatory Program: State Endangered Species Act, County Biological Survey Program Implementation Timeframe: The City will contact the MnDNR by June 1995 requesting that a survey be conducted within the next 2 years (i.e., by the end of 1996). - 2. Evaluate options for protecting special concern species, threatened, and endangered species and ecologically sensitive areas identified in the AUAR Study Area. Responsible Parties: City of Savage, MnDNR, USFWS, and interested environmental Groups Regulatory Program: State and Federal Endangered Species Acts, Minnesota Land Trust Programs, Nature Conservancy Programs, ... Implementation Timeframe: The City will form a task force within 1 year after completion of the MnDNR survey to evaluate protection options. 3. Encourage landowners and developers to establish and maintain wildlife habitat and travel corridors. Responsible Parties: City of Savage, MnDNR. USFWS, and Public Interest Groups Regulatory Program: Voluntary Program Implementation Timeframe: Ongoing P:\SS\'370060\__'16_1\DIST /3 Goal 3: Protect, Maintain, and Enhance the Quality and Quantity of the Urban Forests Protection Strategies: i. Regulate the cutting of mature hardwoods from urban forests within the ALTAR Study Area. minimize mass grading in wooded areas. and require the planting. of trees to replace the destroyed mature trees. Responsible Parties: City of Savage Regulatory Program: Tree Preservation Ordinance Implementation Timeframe: Ordinance will be adopted in April 1995. 2. Encourage landowners and developers to plant trees and to maintain the existing trees and other wildlife habitat on their property. Responsible Parties: City of Savage Regulatory Program: Voluntary Program. City's Zoning Ordinance Implementation Timeframe: City Ordinances require developers to plant trees as a part of subdivision development. _ P:'.SS'\23 9060\22716_1'.MIST 29 6.0 Historical, Archeological, and Architectural Resources A cultural resources study conducted by BRW. Inc. indicated the presence of areas of high and moderate archeological potential in the AUAR Study Area. The high potential sites consist of elevated areas adjacent to Eagle Creek and Boiling Springs and the area at the end of the peninsula on the lake immediately west of the Savage Community Park. Sites of moderate archeological potential include elevated areas further away from Eagle Creek. areas around inland lakes. elevated areas on the lowest terraces, and bluff-edge areas overlooking the Minnesota River Valley. The City of Savage will encourage developers to identify historical, archeological, and architectural resources in • areas with high and moderate archeological potential and to preserve these resources to the extent practicable. Goal 1 : Identify and Preserve Historical, Archeological, and Architectural Resources in the AUAR Study Area Protection Strategies: I. Encourage developers to conduct Phase I archeological survey along areas of high probability sites. Responsible Parties: Developers, City of Savage and State Historic Preservation Office Regulatory Program: Minnesota Environmental Policy Act; Development and Subdivision Ordinances; SHPO Regulations Implementation Timeframe: Prior to development in these areas • 3. Preserve those resources identified as archaeologically, historically or architecturally significant Responsible Parties: State Historical Preservation Office and Indian Affairs Council Regulatory Program: Section 106 of the National Historic Preservation Act of 1966 P:\SS\2370060\22716_1\MST 30 d Implementation Timeframe: Regulations currently in effect 3. Preserve other early farm artifacts and preserve. reuse or restore old structures, if of significant historical value. Responsible Parties: Private volunteers. developers. State Historic Preservation Office. Regulatory Program: Voluntary Program Implementation Timeframe: Ongoing as development occurs 4. Encourage access to archeological and historical sites where feasible Responsible Parties: City of Savage Regulatory Program: Review of developments under City Development and Subdivision Ordinance and through park planning and development Implementation Timeframe: As development proceeds. P:`SS\2370060\227 I6_I'.JIST 31 7 .0 Other Development Related Issues Future development of the AUAR Study Area may result in other impacts. including traffic. air quality, and noise. It is the intent of the City to minimize these impacts to the extent practicable and to protect the health. safety, and welfare of the public. Automobile Traffic Under Existing 1 : Safely Accommodate Conditions and as Anticipated with Ultimate Development Protection Strategies: 1. Construct the geometric:improvements to local roads required to mitigate Traffic Impacts while recognizing the need to also meet the other protection goals and strategies of this Mitigation Plan. Responsible Parties: City of Savage, Scott County, and Minnesota Department of Transportation (MnDOT) Regulatory Program: Normal construction programs of these agencies. Implementation Timeframe: As development occurs and tax dollars become available. 2. Monitor and plan for traffic needs as the area develops, and as consistent with the protection goals and strategies of this Mitigation Plan. Responsible Parties: City of Savage, Scott County, and MnDOT Regulatory Program: Capital Improvements Programs Implementation Timeframe: Ongoing as development occurs. Goal 2: Maintain the Air Quality in the AUAR Study Area as Development Progresses P:\SS\2370060\22716_I'MIST 32 Protection Strategies: I. Regulate air emissions through enforcement of State Air Quality Standards Responsible Parties: MPC.a Regulatory Program: Indirect Source Permit Program. Implementation Timeframe: Regulations currently in effect 2. Minimize dust generated during construction and"or operation of developments by implementing best management practices to control fugitive dust (i.e., revegetate exposed soils, periodically water exposed areas, sweep streets, etc.) Responsible Parties: City of Savage, Scott County, MnDOT, LMRWD Regulatory Program: Development and Subdivision Ordinances,.Construction Specifications and Contract Oversight Implementation Timeframe: Regulations currently in effect Goal 3: Minimize Construction and Traffic Noise Protection Strategies: 1. Limit hours of construction activities and allowable construction noise. Responsible Parties: City of Savage Regulatory Program: City ordinance. Implementation Timeframe: Ordinance currently in effect 2. Construct noise berms for traffic noise control as a part of new roadway construction and where appropriate. P:\SS\2370060\22716 'NIST N 'i Responsible Parties: City of Savage, MnDOT Regulatory Program: Through design and construction of road improvements Implementation Timeframe: Currently in practice. 3. Locate less noise-sensitive land uses adjacent to roads Responsible Parties: City of Savage, Scott County, NInDOT Regulatory Program: Through land planning practices under City comprehensive planning process and City Subdivision and Development Ordinance. Implementation Timeframe: Currently in practice. P:\SS\3370060\22716_1\DIST 34 ' v ' APPROVED AND ADOPTED 3/2/95 Gtr AUAR ADVISORY PANEL MEETING February 27 , 1995 . l .. k.4`;5 1. CALL TO ORDER The meeting was called to order at 7:37 a.m. by Roger Williams . 2 . ROLL CALL Members present: Roger Williams , Minnesota Office of Dispute Resolution, Elliott W. Olson, Trout Unlimited; Klaas Van Zee, Van Zee Homes; Lawrence Samstad, Lower Minnesota River Valley Watershed District (arrived at 9 :45 a.m. ) ; Dick Brown, alternate, Sierra Club; Steve Eggers, Corps of Engineers ; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Lindberg Ekola, City of Shakopee; Scott Merkley, Scott County Highway Department; Bill Penning, alternate MN DNR; Nicholas Rowse, U.S . Fish and Wildlife Service; Scott Wallace, MN River Valley Audubon; Del H. Einess, Chamber of Commerce; Members absent: Stanley Ellison, Shakopee Mdewakanton Sioux Community; Barbara Koennecke, Community Representative; Jon Westlake, Scott County Planning Director; Craig Affeldt, MPCA Others present: Randy Duncan, BRW; Greg Fontaine, attorney for Karl and Linda Bohn 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 2/17/95 were approved as amended: 1. Page 2, Item 3, third paragraph: "Van Zee noted another potential problem area. . .is a possible archeological concern. Delete last sentence and replace with: "If the road right-of-way would have to be moved, there could be some minor intrusions into the 200 ' corridor width. AUAR February 27, 1995 Page 2 2 . Approval of Minutes (Continued) 2 . Page 3, 7th -paragraph: delete first sentence . Larsen noted that this area is only 5-6 acres . 3 . Page. 3 , 8th paragraph: " . . .make this an urban area and thereby place more lots in this area. " 4 . Page 5 , 1st paragraph: " . . .able to develop the balance of his property. " 5 . Page 6, Item 5, first sentence: "Samstad commented that the response to the Boiling Springs is not unique. He said the responses should either be proved or disproved before it is . . . He did believe that the boiling springs are a unique feature. . . " 6 . Page 9 , 1st paragraph, 4th sentence: "King said it would not be reasonable to require the city to prove a negative; that is, to show the non-existence of threatened or endangered species in the absence of some evidence. Instead, they would have to, wait for someone. . . " 7 . Page 9, 3rd paragraph: "it unnecessary for EAW's to be completed for projects. . . " 8 . Page 9, 4th paragraph: amend last sentence: "at the forest ecosystem or inventory other species . " 9 . Page 9 , 5th paragraph: Balcom stated from time-to-time, the DNR strongly recommends that the RGU complete a survey based on findings in the heritage database. " 10 . Page 10, 3rd paragraph: " . . . (including Scott) surveys will begin as a part of the biological county survey. 11. Page 11, 7th paragraph: "they divert storm water runoff away. . . " 12 . Page 12, 4th paragraph: "The DNR does not regularly monitor all their. . . " 13 . Page 13, Item 7, paragraph 2: "encourage land uses adjacent to the east branch which would not utilize. . . " 14 . Page 16, add to paragraph follow 11:15 a.m. : "The project in the 1980 's was a rural project while the proposed project is an urban section where drainage which discharges out of the fen complex would be put in storm quality ponds prior to discharging to the river. 15 . Page 17, paragraph beginning "Larsen noted that there has • been a change. . . " : change "north to south" to "south to north" . AUAR February 27, 1995 Page 3 3 . HOUSEKEEPING The minutes for this meeting and the meeting of the 17th of February will stay open until March 10, 1995 for additional comments and changes, as will the responses to comments and the comprehensive mitigation plan documents . 4 . AGENDA FOR TODAY'S MEETING Panel members will discuss the Comprehensive Mitigation Plan, make final comments on the comment document, and 5 . UPDATE ON BOILING SPRINGS, EAGLE CREEK King noted that the City Council reviewed the proposal to waive park fees on the Van Zee property in order to enable the developer to further establish the corridor area. King noted that the Park Board will meet this evening to review this item. The County Board will be meeting to review this item. King stated that there needs to be an understanding that the rest of the area can be developed once the city gives up the park dedication. There will be a need to work on specific issues such as dewatering. The city is assuming that work is going forward on a positive note to develop the joint management concept. 6. DNR UPDATE Balcom noted that internal meetings are still in progress at the DNR level. 7 . VAN ZEE UPDATE Van Zee stated that he is continuing to work with engineers to reduce the storm water runoff in this area. 8 . DRAFT RESPONSES TO PUBLIC COMMENTS King indicated the changes proposed by the AUAR panel that were made to this final document. Page 2, amended to refer to county biological survey instead of heritage survey. Page 6, the City of Shakopee was added at the top of the page. AUAR February 27 , 1995 Page 4 8 . Draft Responses (Continued) Page 8, "to MPCA standards " was deleted in the middle of the page. Last paragraph, same page, extensive language added at the bottom of the page relating to the corridor. Page 9 , prior to Item D, "the city acknowledges that other parties would like more extensive review of habitat. " Page 12 , Item I, "but concrete products remain in the Savage Fen and Wetland Complex" was added. Fairly extensive changes were made to Item J. Page 13 , Item P was amended by adding a sentence relating to the city's questioning the cost effectiveness of additional analysis . Page 22, Item G, the Met Council was added as an agency that did not favorable review the County Road 27 design. Eggers stated that U.S . EPA should be added. The next to the last sentence was amended to note that input will be provided through the facilitated process . 8:15 a.m.' Page 24, Item I-B, AUAR added after EAW. Page 27, F-2, two sentences relating to water quality were deleted. Page 28 , the sentence relating to the uniqueness of Boiling Springs was reworded. Page 29, the word "merely" was deleted. Paragraph prior to II-F-4, "simply" was deleted. Wallace stated that "phenomena" should replace "oddity" . The last sentence was reworded to clarify it. Page 32, Item II-A-1, the word "existing" was added before Mn/DOT NUR2 ponds . Page 41, Item F, "it is unknown" was added after "the commentator" . Page 42, Item 0, first sentence, "other types of urban development in the area" rather than "along the wetland complex. " Page 45, Item E, second sentence, "outlets can be provided. " Last sentence relating to DNR monitoring was deleted. Olson noted that he now has the groundwater data he asked for some time ago which he will have comments on in the near future. Merkley asked if the draft responses to the public comments would remain open for comments as well. Ring replied that they could also remain open until the 10th of March. AUAR February 27 , 1995 Page 5 8 . Draft Responses (Continued) Wallace referenced Page 43, Item Q, change "have flows " to "have on flows . " Comments from the Audubon commentator on Page 41, should state a least environmentally harmful alternative rather than a no-build alternative. 8 : 30 a.m. Wallace stated that there is the use of unenforceable language throughout the document which is an area of concern for him. King stated that these are responses to comments and are not meant to be the enforcement language. Rowse noted Page 38, 4th paragraph from the bottom, last sentence. He stated that it should not be precluded that refuge status is a possibility. King suggested that a period be placed after agricultural status . Merkley noted Page 12, Item J relating to filling wetlands . He believed that there isn't any way that anything can be constructed without affecting the wetlands . He believed that the language used was unrealistic. He suggested "displace any wetland without the required mitigation" be used but noted he would come up with some other language. Eggers suggested "avoid, minimize, and compensate for adverse wetland impacts . " Balcom noted that development will have to be consistent with the approved Fen Management Plan. Reference will be made to a "commissioner-approved" document. Olson stated that the city should be commended for looking at this at a regional basis . He was concerned about the mechanisms for looking at projects down the road. He discussed how things should be handled in the future. He requested that the city acknowledge that there are some items that have not been addressed yet. King replied that there is a great number of "hoops" that have to be gone through with every project which will provide the opportunity to address issues as they arise. Hutton discussed regulations of the Wetland Conservation Act. Ekola discussed the local development process that allows for public input. Wallace questioned whether projections are available for before and after acreages of wetlands and woodlands . Duncan noted that because there isn't an actual development plan out there, it is difficult to predict that information. _ AUAR February 27, 1995 Page 6 8 . Draft Responses (Continued) 8 :45 a.m. Heald discussed • the strategy to adopt a woodland protection ordinance which involves a tree replacement plan. Wallace asked if there would be contiguous wooded areas left in the city. Heald noted that the bluff line is protected, and there wouldn't be any alteration of that area. Williams noted that the completion of the AUAR doesn't preclude going through the regulatory agencies in- the future relating to developments . Balcom stated that environmental review on residential and commercial projects would not be - required by EQB rules . Olson noted that for the next AUAR done in the state, it is a good process and speeds things up, but you can still look at individual projects . King noted that not a lot of time has been spent on the east branch of Eagle Creek. Issues will be addressed as needed. Olson requested that something be written into the AUAR to address the issue of reviewing projects for the benefit of the next city that creates an AUAR. Olson stated that when you take a macro view, there are things that will pop up later on. Rowse stated that the AUAR information will certainly influence regulatory agencies' decisions in the future. Ekola questioned whether an EAW would still be required for the industrial area. Penning stated that anything not consistent with the AUAR will require environmental review. Break at 9 : 00 a.m. and reconvene at 9 :15 a.m. 9 . COMPREHENSIVE MITIGATION PLAN Duncan opened the discussion of the Comprehensive Mitigation Plan beginning with Section 2.0 - Boiling Springs and Eagle Creek. It suggested that written comments be provided if there are numerous comments. 2 .0 - Boiling Springs , Eagle Creek Balcom asked if the pre-development conditions for 2, 10 and 100-year conditions are known and can be quantified. Duncan replied that they will be known when the storm water - AUAR February 27 , 1995 Page 7 9 . ComArehensive Mitigation Plan (Continued) management plan is developed. Williams suggested adding "as specified ..in the storm water management plan" be added to protection strategy #1. Balcom asked whether the stormwater management plan ordinance is planned to be adopted prior to the plan. Hutton noted that the ordinance will adopt the Met Council's interim strategies as well as erosion control best management practices . Eggers asked whether surface water diversion might affect hydrology. He suggested that reference be made to "no net change. " King noted changes made to Item 3 to modify it so that "utilize" was removed. Item 4 eliminated the word "contaminated" and substituted "construction of projects . " Brown asked why there isn't any emphasis being put on the east branch of Eagle Creek. King replied that a lot of the elements are universal. We are limited to discussions on the west branch with the preliminary planning. Duncan suggested that the introduction make reference to both branches and not just the west branch. Brown believed that there is a need for an ordinance to enforce Item 6 to backup the education programs. King stated that the city's position at this point is to start with the education and restrictive covenants . Balcom noted that in Shoreview, individuals cannot use phosphorus on their lawns unless soil tests indicate it is needed. King believed that this needs to be a regional process for enforcement purposes . Rowse suggested that the word "encourage" be replaced with the word "promote" . Balcom suggested "require. " King stated that require could not be used. It was the general consensus that "promote" be used. King referenced Strategy #5 which should include a reference to the corridor management plan. Ekola suggested adding the homeowners ' association as a responsible party. King noted that the Lower Minnesota River Valley Watershed District should also be added. AUAR February 27 , 1995 Page 8 9 . Comprehensive Mitigation Plan (Continued) Balcom suggested adding "a buffer zone" prior to "east branch. " In response to a concern raised by Balcom, Heald believed that when the process is completed, more stringent standards can be developed. Panel members discussed the language of the protection strategies and enforceability of "encourage. " King discussed the pitfalls of changing the language in the ordinances . Balcom suggested adding "and amended according to the mitigation plan" be added after "Ordinances currently in effect" in Strategies 3 and 5 . 9 :30 a.m. Duncan suggested adding a line that development must occur in accordance with this mitigation plan. Balcom asked if Savage or Shakopee require a bond to assure compliance and take care of any problems. Hutton replied that the developer's agreement requires a bond. Ekola noted that Shakopee has similar requirements . Van Zee asked what could be put in the covenants relating to fertilizer use in strategy six. Balcom suggested adding the U of M Extension Service as a responsible party. Williams suggested they be termed as a resource rather than a responsible party. Balcom stated that Dr. Leete recommended that flow dependent equipment be researched for use in the water quality monitoring plan. He noted that MPCA and Met Council should be included as responsible parties . King noted that the language, "and any storm water inflows to the creek" was deleted. Olson requested that the strategy be amended to add "and temperature" following water quality. Goal 2 : King suggested that the goal be amended to read "Maintain and Improve. . . " AUAR February 27, 1995 Page 9 9 . Comprehensive Mitigation Plan (Continued) Brown suggested that "peak" be replaced by "emergency" in strategy #2 . Hutton noted that the wells would be needed to be used during peak periods . Brown believed that that would be the worst time to be using this . King stated that watering bans are also in effect during peak periods . 9 : 45 a.m. Samstad arrived at 9 :45 a.m. Penning suggested that reference be made to other strategies relating to water bans, etc. King suggested that "promote the cooperation of other communities to find and utilize alternative water sources other than the Prairie du Chien/Jordan aquifer" be added as new strategy #3 . The DNR would be the responsible party. Olson noted that there should be language in strategy #6 that a search .will be done to find out what the makeup below the spring is to find other springs before utilities are constructed. Balcom referred to strategy #4 . He stated that "and will work with other responsible parties on the recharge issue" be added under implementation timeframe. He questioned strategy #5 where reference is made to "in the Eagle Creek area. " Duncan stated that "watershed" will be added after Eagle Creek. King noted that DNR and the townships should be other responsible parties in strategy #4 . Samstad noted that any reference to WMO's should be amended to WMO's and watershed districts . Balcom referred to strategy #7 relating to native material. He suggested "appropriate" be used in place of "native" in order to give more flexibility. Samstad noted that collars should also be used on utility trenches . Panel members discussed the wording of strategy #7. 10 :00 a.m. It was suggested that "or use other measures " be added following native material. it was noted that the same language should be added to page 16, #8 . AUAR February 27 , 1995 Page 10 9 . Comprehensive Mitigation Plan (Continued) Olson referred to strategy #5 on page 5 . He noted that the bottom of the ponds should be above the water table. Bullert explained that the outlets would be above the water table. Panel members discussed runoff and pond levels . Duncan noted that treatment ponds can be below groundwater table and can effectively treat water. Olson was concerned about the effects of the pond levels on the headwater of Boiling Springs . Bullert discussed strategy #8, noting that he has been unable to determine if trenchless technology would be able to maintain the constant grade for sanitary sewer connection. If this is the case, a lift station would be necessary. Brown referred to #9 and whether there should be a standard established. King replied that the -guidelines have already been established through FHA, HUD, Uniform Building Code and floodplain regulations . Ekola noted that this document would be used as a policy document in the plat review process rather than amend Shakopee's current ordinances . He stated that all implementation timeframes should refer to this . Balcom suggested that "following well abandonment procedures of the MN Department of Health" be added after "Eagle Creek area. " King noted that the LMRVWD should be added as a responsible party under strategy #12 . 10: 15 a.m. Goal 3 : King noted that the County has started their water plan which should be completed this fall. Balcom asked if strategy #3 is needed if it is included under Goal 1. He assumed it was repeated because it dealt with groundwater rather than surface water. Ya wM , AUAR February 27 , 1995 Page 11 9 . Comprehensive Mitigation Plan (Continued) Brown suggested that "and establish a standard for prohibited use" be added to the end of strategy #3 . It was suggested that household chemicals be included in this strategy relating to education. Strategy 4 was added with the following wording, "conduct an on-site septic system inspection and evaluation program to monitor and evaluate the condition and treatment function of those systems . " • • Goal 4 : Balcom stated that the first two words of strategy one should be deleted from strategy one, and "will" should replace "to" , and the DNR should be listed as a responsible party in #2 . Brown stated that "a discussion of" should be deleted from strategy #1. Balcom stated that regulatory programs should be amended to read "MnDNR Division of Fish and Wildlife programs. " King stated that strategy #2 should be amended to delete "provide support to MnDNR in. " Goal 5 : King suggested that the goal be amended to refer to "passive" uses . Williams noted that the watershed district and the Sioux community should be included under strategy #1 as responsible parties . Balcom stated that DNR and Trust for Public Lands should also be included. Panel members discussed whether or not the Trust for Public Lands should be included. It was determined that they will not.. Balcom stated that #1 and #3 under implementation timeframe should delete "for this park. " Balcom suggested that #2 be amended to read "to provide controlled access . " Van Zee noted that he has a problem with this statement as it relates to individual homeowners . It was suggested that "outside the corridor" be added after "development" . Brown suggested that #2 remain as it is but change #3 to add "with adequate public access easements" after Eagle Creek. AUAR February 27, 1995 Page 12 9 . Comprehensive Mitigation Plan (Continued) King suggested that #2 be amended to read "Encourage developers and private landowners . " Panel members discussed the wording of this strategy. It was determined that it will read, "Encourage controlled access to the creek and Boiling • Springs through the plan review process . " Balcom stated that the DNR and City of Shakopee should be added under #3 as responsible parties, and the joint management plan under the regulatory program. Samstad noted that the watershed district should also be added as a responsible party. Van Zee asked if it is necessary to * do a survey in the corridor area if it will be left undisturbed. Ekola stated that it would be helpful to the DNR for educational purposes along the trail route for interpretative purposes . Van Zee discussed his concerns about spending money on an area which will remain virtuallyund_ sturbe d. Ekola discussed the city of Shakopee's role relating rg to strategy 44 . "Conduct a Phase I archeological survey in those portions of the public corridor along Eagle Creek/Boiling Springs that will be disturbed in the improvement process" was determined to be the new wording for strategy four. The City of Shakopee will no longer be a responsible party. King stated that the archeological survey will be a negotiated item relating to funding. Goal 6: Balcom stated that implementation timeframes for 1 and 2 should refer to the preparation of a management plan and that reference to "for your park" should be deleted. The watershed district should be included under both 1 and 2 . Panel members discussed the corridor width in the Boiling Springs area and in the area of the Hirscher home. 10 :45 a.m. Heald discussed the intent of maintaining the water quality in the corridor area. v M AUAR Page 13 February 27 , 1995 9 . Com•rehensive Miti•ation Plan Continued Olson noted that it isn't the corridor width d the creek that is the issue but the amount of impervious land creek Van Zee noted that they ar iscussed dist ncestill 125 ' from tfrom the creek the house is located. He d and Boiling Springs in various locations . 3 . 0 - Savace Fen Wetland Complex Eggers suggesting adding to the second sentence of the first is tains rare lcareous fen paragraph which reads "other area en communiti.esacollectivelyd plant communities and planten Wetland P The second referred to as the 'Savage should be lamended to read, sentence of the second paragraph cads "The City also intends to avoid . � and minimize irect adverse se secondary (filling, excavating, flooding, adverse impacts on the entire wetland complex. " Goal • Brownsuggesting rewording #1 to read, "Require avoidance of general wetland impacts . On all ctsmat a minimum 2: 1 ron . wetlands, ation replacement of all unavoidable imp (replacement wetland area to impacted wetland area. " Duncan suggested that it be worded to not include the Savage Fen Wetland Complex area. Eggers stated that he wouldn't recommend changing #1. Balcom believed that the comments made to change thentire d e second paragraph are fairly fundamental and channg rchanging the section. Eggers discussed his reasoning second paragraph as it relates to whether or not filling will take place. Balcom stated that the DNR views this as not your basic wetland complex. Panel members discussed the avoidance of fill in certain areas. l in Eggers discussed whether or uld be igoal of thence of 1plan the Savage Fen Wetland Complex sho stated that the wetland complexmust be thisdocat whole. Ring replied that it was thought that t create new regulatory powers . He noted that landowners have rights they can exercise. { . r AUAR• February 27, 1995 Page 9 . Comprehensive Miti•ation Plan Continued 11:15 a.m. Panel members discussed been area on the land use are filled as well as areas which cannot map which ha theyon Highway 13 . Ring noted that the be developedoon erne. highway or utility Eggersnoted that there aseapotential rZ fc sing notedpertmit. y filling that occurs s will need a Corps c Engineers Eggers noted that the a permit is issued, land use plan can guide whether or Willi 7°- ams asked what the cit that it couldkbe yes options would be. guided for public open space. Heald notes Eggers noted that the right noeL� lobe-shaped area that it location in the wrong A and B.might not be in the north. g location It was determined and should be rh moved further Ekola discussed his Corps oEngineers relating agreement with the raised b to land uses issue Olson stated being identifiedthe impacts that it should be on the fen and whether oraddressed now not there relating to Wallace discussed will be impacts , AUAR delineating specific projects not the are, the area and that the abeing included in the is excluded from of sing noted that the commercially ghway 13 would be reviewed underder the and onthe east Fen Management Plane Hi 11:30 a.m. Ring stated that there are still nevi members reviews which need to occur. Panelhin the discussed future with area along Highwayreview issues. Heald removing the wetland 13, there won't benoted way. area and guiding it in anysoa problem • AUAR February 27, 1995 Page 15 9 . Comprehensive Mitigation Plan (Continued) Eggers stated he is under the impression that this group concurred that the commercial strip on the east side of Highway 13 and within the wetland complex be designated as „W,' . Ekola gave a background on land use planning and zoning. Brown suggested that #1 be amended to read, "Require avoidance of wetland impacts in the Fen Wetland Complex. " Duncan stated that if it was reworded in this manner, the city would need to write their own wetland ordinance. Panel members felt that strategy #1 should remain in its current wording. Penning noted that the portion of the Wetland Conservation Act that deals with calcareous fens does not address avoid, minimize and compensate. Williams suggested that Goal 2 in this section be first. Greg Fontaine asked for the opportunity to speak to issues affecting- his clients . Panel members discussed completing the mitigation document at this meeting. Einess stated that the zoning of the area of concern is known. He believed that perhaps a City Attorney's opinion is needed. A change in zoning would be tantamount to taking the property. He believed that designating it as wetland would be an error. Eggers questioned how often zoning changes occur. Heald noted that they are not done on a regular basis . Einess cited case law where once a comprehensive plan is adopted, the areas are technically rezoned. 11:45 a.m. Wallace asked if Alternative C would be in the final AUAR. King replied that it would appear as an attachment within the comments . Larsen stated that he would have a problem with including Alternative C unless the densities are amended elsewhere. AUAR February 27 , 1995 Page 16 9 . Comprehensive Mitigation Plan (Continued) Greg Fontaine, .attorney for Karl and Linda Bohn urged the city to keep in mind.that what the DNR and Corps is urging them to become the litigants in court action. He stated that it is not the city's responsibility to relieve the state agencies of their regulatory decisions . He pointed out that the purpose of the AUAR is to conduct a comprehensive environmental review and avoid future EAW/EIS review. He stated that it is inappropriate to start eliminating commercial property at this late date in order to facilitate the federal and state goals to expand wetlands in this area. • Eggers noted that comments and concerns regarding the commercial strip along the east side of Highway 13 within the Savage Fen Wetland.. .Complex were identified at the first meeting. He discussed his concerns about identifying land uses . Van Zee stated that possibly the map should reflect the current zoning.' Fontaine stated that the city should avoid constitutional issues and address development issues as -they arise. Olson was disappointed that Mr. Fontaine's clients are not concerned with the environmental issues surrounding their property. He hoped that they would have sensitivity to the land in the future. 10 . NEXT MEETING The group's consensus was to meet again on Friday, March 3 at 7 :30 a.m. to continue discussion of the mitigation plan. 11. ADJOURNMENT There being no further business, the meeting was adjourned at 12 :00 p.m. Respectfully submitted, Clare T. Link • RECIFfimej AUAR ADVISORY PANEL MEETING MAR 1 1995 March 3, 1995 1. CALL TO ORDER The meeting was called to order at 7 :40 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; Lawrence Samstad, Lower Minnesota River Watershed District; Steve Eggers, Corps of Engineers; Jim Ostenson, James Development Company, Jim Larsen, Metropolitan Council; Tom Balcom, MN DNR; Bill Penning, alternate, MN DNR; Nicholas Rowse, U.S. Fish and Wildlife Service; Scott Wallace, MN River Valley Audubon; Craig Affeldt, MPCA; Del H. Einess, Chamber of Commerce; Jon Westlake, Scott • County Planning Director; Members absent: Jeff Hazen, Sierra Club; Cyrus Mn/DOT; Stanley Ellison, Shakopee Mdewakanton Sioux Community; Lindberg Ekola, City of Shakopee; Barbara Koennecke, Community Representative Others present: Randy Duncan, BRW; Greg Fontaine, attorney for Karl and Linda Bohn Staff present: City Administrator Steve King, City Planner John Heald, City Engineer David Hutton, Consulting Engineer Bruce Bullert, and Recording Secretary Clare T. Link 2. APPROVAL OF MINUTES The minutes of the AUAR meeting of 2/17/95 remain open for changes until March 10, 1995 . The minutes 'of the AUAR meeting of 2/27/95 were approved as amended: 1. Page 2, Item 3 : Add to paragraph: "as will the responses to comments and the comprehensive mitigation plan documents . " AUAR Page 2 March 3, 1995 2 . Minutes (Continued) 2 . Page 3, 4th paragraph: change "managed" to "developed" . 3 . Page 4 , 2nd paragraph: change "favorable" to "favorably" . 4 . Page 4 , 7th paragraph: change "onflows" to "on flows" . 5 . Page 6 , 2nd paragraph: change last sentence to read, " :.review on residential and commercial projects would not be required by EQB rules . " 6 . Page 6 , 3rd paragraph: change first sentence to read: "Olson noted that for the next AUAR done in the state. . . " 7 . Page 6, 4th paragraph: change "agency's" to "agencies '" 8 . Page 6 , 7th paragraph: change . "qualified" to "quantified" 9 . Page 7 , 5th paragraph: change "restricted covenances" to • "restrictive covenants" 10 . Page 7, 7th paragraph: delete "or something similar" 11. Page 8, 3rd paragraph: change "to be" to "and" 12 . Page 9, last paragraph: amend third sentence to read, "Bullert explained that the outlets would be above the water table. " 13 . Page _10, 3rd paragraph: change first sentence to read, " . . .technology would be able to maintain the constant grade for sanitary sewer connection. " 14 . Page 10, 4th paragraph: add to second sentence: " . . .been established through FHA, HUD, Uniform Building Code and floodplain regulations . " 15 . Page 10, last paragraph: change "procedure" to "standard" . 16 . Page 11, second paragraph: change first sentence to read, " . . .the first two words of strategy one should be deleted from strategy one, and "will" should replace 17 . Page, 11, 4th paragraph: revise to read, "Balcom stated that strategy 1 regulatory program should be amended to read, "MnDNR Division of Fish and Wildlife programs . " 18 . Page 11, 8th paragraph: Add second sentence: "Encourage development plans in the vicinity of Boiling Springs and Eagle Creek to provide access to the creek and springs . 19 . Page 11, 8th paragraph, 3rd sentence: change "landowners" to "development" . 20 . Page 12 , 7th paragraph: add to end of first sentence, " . . .and that reference to "for your park" should be deleted" . 21. Page 13 : 3rd paragraph, 1st sentence: "paragraph" should be changed to "sentence of the first paragraph" . AUAR March 3, 1995 Page 3 2 . Minutes (Continued) 22 . Page 13 : 3rd paragraph, 2nd sentence: "next sentence" should be changed to "2nd sentence of the second paragraph" . 23 . Page 13 : 4th paragraph, 1st sentence: . .avoidance of general wetland impacts . On all common wetlands, require replacement of all unavoidable impacts at a minimum 2 : 1 ratio . . . " 24 . Page 13 : 7th paragraph: change "prohibition" to "avoidance" . 25 . Page 13 : 8th paragraph, 1st sentence: " . . .whether or not avoidance of fill in the Savage Fen Wetland Complex should. . . " 26. Page 13 : 8th paragraph, 3rd sentence: add "not" after "would" . 27. Page 14 : 8th paragraph: " . . .in the AUAR delineating the area and that the area is excluded from the AUAR area" . 28. Page 14 : 9th paragraph: change "commercial" to "commercially zoned" . 29 . Page 15 : 1st paragraph: "Eggers stated he is under the impression that this group concurred that the commercial strip on the east side of Highway 13 and within the wetland complex be designated as "W" . 30 . Page 15 : last paragraph: add, " . . .it would appear as an attachment within the comments " . 31. Page 16 : 2nd paragraph: "noted that comments and concerns regarding the commercial strip along the east side of Highway 13 within the Savage Fen Wetland Complex were identified. . . " 3 . WATERSHED DISTRICT COMMENTS Samstad stated that the managers of the watershed district noted that they would like to continue working with the city and everyone on this panel. This does not mean that they necessarily agree with all comments made. King thanked the watershed district for their participation on the panel and looked forward to continued cooperation. 4 . MITIGATION PLAN King reviewed language provided by Greg Fontaine, attorney for Karl and Linda Bohn in Section 3 . 0 of the mitigation plan. The first sentence in the second paragraph will remain as is . The second sentence will be removed and replaced with, "The city is aware of the sensitivity of the Savage Fen Wetland „ I AUAR March 3, 1995 Page 4 4 . Mitigation Plan (Continued) Complex, and consequently, will seek to protect against degradation of the complex (including both calcareous fen and other wetlands) in accordance with applicable laws and regulations . ” King revisited Section 1 . 0, Introduction, proposing additional language . He referenced the second paragraph and added, "Finally, the AUAR and this protection plan may be silent as to environmental concerns or impacts that may later be. . . This silence should not be construed as to. . . Olson discussed the AUAR process in general which does not allow reexamination of environmental issues at a later date. He stated that there are a number of issues in the AUAR that Trout Unlimited does not agree with. He stated that there are also issues here that we don't have the ability to envision that they are going on. He was concerned about issues relating to Eagle Creek. He was concerned that once the AUAR has been completed, there won't be any opportunities to change anything. He noted that some issues cannot be known for ten years . king stated that there would be avenues through regulatory agencies to address concerns in the future. 8:30 a.m. 3 .0 Savage Fen Wetland Complex Brown suggested that strategy of Al be rewritten to read, "promote a policy of no loss of fens, no net loss of other wetlands in the complex, while preserving . . . " King noted that goal one applies to the complex in ;eneral while goal two applies to the fen. Williams suggested going to goal two to address the fen area first. • Goal 2 : Strategy 1: Balcom stated that the word "regulate" needs to be changed or deleted. King stated that there is an existing state law that puts actual prohibitions in relating to calcareous fens . He noted that this is not a regulatory document. Eggers suggested, "promote avoidance" . j a , AUAR March 3, 1995 Page 5 4 . Mitigation Plan (Continued) Williams read the• state •law. It was suggested that the state statute be cited in this strategy. Ostenson suggested, "Regulate, in accordance with any state and federal laws . . . " Brown explained why he would rather see the word "prohibit" used. Williams asked if reference should also be made to the fen management plan. Duncan stated that the goals should be changed if language needs to be strengthened. There was a general consensus that strategy one be amended to add "in accordance with state and federal laws" . Rowse stated that MPCA should be added under responsible parties . Penning stated that "or species of special concern" should be added in the first sentence of the first strategy. " . . .plant or animal species that are listed as threatened, endangered or of special concern" . Duncan noted that the Endangered Species Act does not cover species of special concern. "Regulate in accordance with state or federal law. . . " Brown noted that the city can enact their own laws . King stated that there is no intention to do that; state and federal laws are restrictive enough. Brown noted that many cities believe that state and federal laws are not restrictive enough. Balcom stated that "within or" should be added after "projects" . King stated that the commissioner approved Fen Management Plan should be added as a regulatory program. Rowse stated that he would like to have listed which regulations are currently in effect under implementation timeframe. Williams suggested that dates be listed when they will be in effect. • s AUAR March 3, 1995 Page 6 4 . Mitigation Plan (Continued) Strategy 2 : Balcom stated that "or" should be changed to "and" before U.S . Army Corps of Engineers . 9 :00 a.m. Penning explained how the county biological survey is done. He stated that it is not possible to have the survey completed by this summer. King stated that any date references in the implementation timeframe will be removed. Strategy 3 : In response to a question from Williams, Duncan stated that whoever performs a survey must be approved by the responsible parties . The word "perform" will be changed to "required" . Balcom stated that under strategies 2 and 3, they should also look for species of special concern. The wording will be changed to endangered, threatened or plant and animal species of special concern. Balcom suggested the language, "contain threatened, endangered and special concerns species" at the end of strategy two and rewording strategy three to incorporate the same language. King was concerned about adding the language to number three which would add an additional burden to developers . Balcom concurred that it not be added in strategy three. Strategy 4 : Ostenson asked whether there would be any access to the area. He was concerned about the lack of access . King stated that the date should be deleted. Break at 9 : 15 a.m. and reconvene at 9 :25 a.m. Goal 1 (the entire wetland complex) : Strategy 1: Brown again noted change in the language of "promotion of a policy of no loss of fens, no-net loss of wetlands . . . " • L , t , AUAR March 3, 1995 Page 7 4 . Mitigation Plan (Continued) Rowse suggested that it be an additional strategy and add the suggested language as a new strategy. King stated that the commissioner-approved Fen Management Plan should be included under regulatory program. MnDNR and USFWS, as well as LMRVWD should be added under responsible party. Strategy 2 : King stated. that Scott County should be added under responsible party. Larsen asked what the main purpose of having this as a protection strategy. He stated that there is still dispute whether there are alternatives to locating County Road 27 elsewhere. King stated that this is not limited to just the CSAH 27 project. Strategy 3: The commissioner-approved Fen Management Plan should be added under regulatory program. Balcom stated that this is probably where the commissioner- approved Fen Management Plan will deviate the most. King noted that the MnDNR should be added as well as the USFWS. Duncan suggested adding a qualifier, "If the impact is unavoidable, . . . " Balcom stated that it might also be appropriate to preface strategy two with this language. Westlake stated that Scott County should also be added as a responsible party. King suggested two new strategies for this goal: Strategy 4 : Review guide plan and zoning status for each property parcel within the Savage Fen Wetland Complex, and modify those designations as appropriate. t AUAR March 3, 1995 Page 8 4 . Mitigation Plan (Continued) Responsible Party: City of Savage Regulatory Program: Planning and Zoning Ordinances Implementation Timeframe: 1995-96 Strategy 5 : Promote the purchase and appropriate management of property parcels within the Savage Fen Wetland Complex that are directly responsible for the continued viability of the calcareous fen plant communities and other threatened, endangered or special concern species . Responsible Party: USACE, USFWS, MnDNR Regulatory Program: Implementation Timeframe: Ongoing Affeldt stated that the Minnesota Department of Agriculture should be added under responsible party. Goal 3 : King stated that the goal statement should be amended to read, "Maintain and improve" . Eggers noted that "Wetland Complex" should be added after "Savage Fen" . Strategy 1 : King stated that the implementation timeframe should be amended to read just 1995 . Larsen asked whether "interested" should be deleted. It was discussed, and the wording will remain as indicated. Strategy 2 : Balcom noted that the MnDNR Water Appropriations Permit Program should be added under regulatory program. Brown suggested amending the language in this strategy to read, " . . . limiting existing wells to emergency functions . . . " King stated that the city's focus would be on the outcome. He stated that the removal of peak and backup functions would severely hinder their operations . AUAR March 3, 1995 Page 9 4 . Mitigation Plan (Continued) Strategy 3 : King stated that a new number 3 strategy: Encourage the cooperation of other communities to find and utilize alternative water sources other than the Prairie du Chien/Jordan aquifer. Responsible party would be the MnDNR; regulatory program would be the Wetland Conservation Act; implementation timeframe would be effective immediately. Strategy 4 (Old 3 ) : No comments Strategy 5 (Old 4) : Rowse stated that "encourage" should be changed to "promote" . 9:50 a.m. Balcom stated the "recharge areas" should be changed to "recharge. area" . After discussion, it was the general consensus to leave it at recharge areas . Strategy 5B (New strategy) King stated that a new strategy should be added to read, "Promote the reestablishment of water impoundment areas within the recharge area to increase groundwater levels in the Savage Fen Wetland Complex. The responsible parties would be Cities, Townships, County, MnDNR, Met Council, Watershed Organization, Soil and Water Conservation District. The regulatory program would be ordinances . Strategy 6 (Old 5) : Panel members discussed the wording of this strategy relating to outletting in the complex area. Hutton stated that until a stormwater management plan is prepared, outlets have not been identified. There may need to be some stormwater routing through or around the wetland complex area. King noted that this strategy was meant to be more limiting than is being read. J AUAR March 3, 1995 Page 10 4 . Mitigation Plan (Continued) Bullert stated that the intent is not to directly outlet to the fen. He suggested that it be written that it will outlet to existing water bodies . 10 :00 a.m. • After more discussion, it was decided to eliminate this strategy entirely. New Strategy: King added another strategy, "Evaluate the impact of additional and existing private wells within the recharge area and examine potential strategies to control or lessen further impacts . He discussed responsible parties . Strategy 7 (Old 6) : Brown stated that "minimize" should be removed. Balcom stated that a period should be placed after the parentheses . A .sentence stating, "This timeframe is understood to be after winter freezeup and before spring flaw. "To the extent practicable" should also be removed. He recommended removing the last sentence. In response to a question from Van Zee, Balcom defined winter freezeup. Strategy 8 (Old 7 ) : Balcom stated that the Water Appropriations people at the DNR did not know of any time when this would be necessary. He recommended that it be removed. Bullert indicated that it might happen in emergency situations . It was determined that this strategy would be deleted. Strategy 9 (Old 8) : Balcom stated that "or use other measures" should be added after native material. Rowse asked what the timeframe would be for amending the ordinances . King stated that it will be done in 1995 . The blanks will be filled in prior to the completion of the final document. • GUAR March 3, 1995 Page 11 4 . Mitigation Plan (Continued) Goal 4 Strategy 1 : Would read, "Develop as part of the Wellhead Protection Plan for the City of Savage "wellhead" protection areas for aquifers discharging groundwater to Boiling Springs, Eagle Creek, and the Savage Fen Wetland Complex. The City of Savage would be the responsible party. Regulatory program would by the MN Dept. of Health Wellhead Protection Program as mandated by the 1989 Groundwater Protection Act. Implementation timeframe would be that a Wellhead Protection Plan will be developed in 1996 . Strategy 2 : Encourage Scott County to develop a county-wide groundwater protection plan that emphasizes the protection of groundwater discharging to Boiling Spring, Eagle Creek, and the Savage Fen Wetland Complex. Responsible parties would be the City of Savage and Scott County. Regulatory program: voluntary program; Implementation timeframe: Scott County is in the process of developing a plan. Westlake stated that the watershed districts and WMO's should be added under responsible parties . Strategy 3 (Old 2) : In response to a suggestion from Brown, Affeldt explained that this strategy refers to waste that cannot be discharged. He noted that if it was a level that could be discharged, it would no longer be considered hazardous . 10: 15 a.m. Strategy 4 (Old 3) : Olson stated that the same language should be used as was discussed in Boiling Springs where "other household chemicals" will be added. Panel members discussed education. Duncan suggested adding "potential adverse" prior to effects . This will also be added to earlier reference on education in the Boiling Springs section. <. , a 0 AUAR March 3, 1995 Page 12 • 4 . Mitigation Plan (Continued)._ It was suggested that another strategy be added to encourage a regional education program. Olson stated that within the AUAR, we have not challenged all the dangers from herbicides, insecticides and the like. He discussed that if it appears that voluntary compliance is not working, the city should look at stronger ordinances to enforce compliance. He had doubts about the voluntary compliance program. • Van Zee discussed the restricted covenants which would be placed on properties . Brown stated that if a standard is established for prohibiting use, that would also apply to agricultural land. King suggested, "If monitoring activities under this plan indicate growing adverse impacts from the use of fertilizers and turf management chemicals, consider additional regulatory measures" as the wording for the new strategy. New strategies 1 and 2: Wallace asked which wells strategy one would refer to. Duncan explained how this will be developed. Westlake suggested that "by working with WMO's" be added to the second strategy. King suggested that it be written "Encourage Scott County and the WMO's . . . " Strategy 5 (Old 41 _ King stated that commissioner-approved should be added before Savage Fen Management Plan. Strategy 6 (Old 5) : _ King stated that this might be appropriately located under Goal 3 rather than Goal 4 . It was the general consensus to do so. Panel members discussed treating stormwater before it is discharge into wetlands and two-celled systems . Duncan suggested that this strategy remain as written. AUAR March 3, 1995 Page 13 4 . Mitiaation Plan (Continued) Brown suggested adding at the end, "Ponds should be far enough from wetlands . to prevent flooding . . . " Duncan suggested, "Develop appropriately designed. . . " Affeldt stated that without providing a set criteria of how, when, and where to design a pond, there should be statement in the stormwater management plan adopting how this will be done. He noted that the reference to NURP ponds doesn't set specific criteria. King noted that the stormwater management plan would do this . 10:35 a.m. Hutton noted that design criteria will be adopted as part of the stormwater management plan. Williams stated that Brown's concern could be included under Goal 5 . King specifically noted that second strategy under Goal 5. Westlake 'stated that the city should be included under the implementation timeframe. New Strategy: King suggested the following new strategy, "Encourage an on- site inspection and evaluation program to monitor and evaluate the condition and treatment function of the on-site systems . Goal 5 : Strategy 1: Affeldt suggested adding, "and sets forth criteria for the design and performance of stormwater detention basins" be added after complex and then complete the sentence. King noted that "rainfall occurrence" should be added before "conditions " . It was noted that the watershed district should be added as a responsible party. 10:45 a.m. AUAR March 3, 1995 Page 14 4 . Mitigation Plan (Continued) Larsen stated that it will be up to a year until the stormwater management plan is in place and asked how the city will deal with developments until that time. Ring stated that the adoption of this set of mitigation measures will apply to all developments . Hutton noted that the developer's agreement will also make requirements to address stormwater issues . In response to an additional concern from Larsen, Hutton stated that the city would have to look at on-site detention ponds on a case-by-case status . Strategy 2 : Rowse stated that "encourage" should be changed to "promote" . Brown discussed ponds that would be collecting water in the fen area. It was decided to remove the wording, "on top of the bluff" . Strategy 3 : Affeldt suggested deleting "Nationwide Urban Runoff Program (NURP) " and add "stormwater detention basins" . Balcom stated that "as specified" be deleted. Hutton asked Affeldt if there are other stormwater designs that PCA would prefer. Affeldt referred to a memo discussing design which discusses two other designing methods . Ring stated that it should be reworded to saki, "affecting the complex" instead of "in the vicinity of the" . Panel members discussed the use of Best Management Practices . Hutton stated that silt fences do use when installed correctly. King stated that, "the use, management, and enforcement. . . " be added. Affeldt stated that the MPCA should be under responsible parties . • Y .4 ►r r AUAR March 3, 1995 Page 15 4 . Mitigation Plan (Continued) Strategy 4 : Balcom suggested adding, "both now and when final end uses are accomplished" to the end of the first sentence. He suggested that the implementation timeframe be amended to read, "as soon as possible and ongoing" . 11:00 a.m. Balcom stated that the DNR is concerned that final end uses will be appropriate for the fen area. Balcom withdraw his change to the first sentence. Duncan suggested that a statement be added relating to reclamation. King suggested adding a sentence, "promote end uses through reclamation activities that are not detrimental to the fen" . Affeldt suggested, "Regulate the operation and reclamation of the. . . " He stated that the MPCA Industrial Stormwater NPDES permit program. King discussed a fifth and sixth strategy language, which reads : 5 . Natural drainageways shall be maintained to control erosion while still providing for normal surface water flows to the Savage Fen Wetland Complex. 6. A buffer strip shall be provided along the upper portion of the bluff line to protect the natural slope. Goal 6: Balcom suggested that "public" be deleted and not limit it to just public lands . King stated that the strategies are very definite and can be done on public lands. it would be hard to enforce them onto private property owners . Rowse preferred that "public " remain. Strategy 1: Brown stated that "hand labor methods but permitting" should be added before mechanical. _ 4 0 A ♦ � r AUAR March 3, 1995 Page 16 4 . Mitigation Plan (Continued) Penning stated that DNR's policy for controlling plant species is only through hand labor methods . Rowse noted that mechanical control techniques have been used. It was the general consensus to change to wording to incorporate Brown's suggested language and adding "when necessary" at the end. Rowse stated that MVNWR should be changed to USFWS property. Strategy 2 : King stated that identifying should be changed to identify. Strategy 3: Duncan noted that the USFWS is in the process of developing a plan. Rowse requested that a completion date be indicated under the implementation timeframe. King noted that the commissioner-approved Fen Management Plan should be included under regulatory program. Strategy 4: Eggers stated that "a" should be replaced with "other" in the first sentence. Larsen asked if there is a concern relating to the five years indicated in the second sentence. Eggers suggested that it state a minimum of five years and preferably ten years . The consensus was to word it, "at least ten years" . Strategy 5: King stated that "commissioner-approved" should be added before Savage under regulatory program. Stratecry 6: King stated that "restore and approve" should be at the beginning of the strategy. • AUAR March 3, 1995 Page 17 4 . Mitigation Plan• (Continued) Balcom added strategy 7 : "Promote strategies 1-4 above on private properties through the Savage Fen Wetland Complex with the provision of technical assistance. The City, DNR, and USFWS would be responsible parties . The timeframe would be ongoing. The regulatory program would be voluntary. King reviewed additional strategies : Restore and improve the hydrology of the Savage fen by promoting the natural water impondment within the recharge area. Promote the cooperation of other communities to find and utilize alternative water sources other than the Prairie du Chien/Jordan aquifer. Evaluate the impact of additional or private wells within the recharge area and potential strategies to control or lessen future impacts . SECTION 4.. 0 - Wetlands in AUAR Study Area Balcom stated that the title should be amended to refer to "Other Wetlands" . King stated that the last sentence in paragraph one should be amended to end the sentence after "within the study area" . Balcom suggested rewording the second paragraph, " . . .are first avoided and then minimized and by which unavoidable impacts . . . " Goal 1 Balcom stated that "and" should be deleted and replaced with "or" , and the words "when feasible" should be deleted. Affeldt suggested that "enforce" or "implement" replace "promote" . Duncan suggested that "a policy of" be deleted. King suggested, "Adhere to the policy. . . " Panel members discussed this change. It was the consensus to change to this recommendation. it was later decided to change the previous change of "or" to "or by" . 4. AUAR March 3, 1995 Page 18 4 . Mitigation Plan (Continued) Strategy 1: Van Zee stated that "as specified" should be added after unavoidable impacts and "at a minimum 2: 1 ratio" should be deleted. in accordance with applicable state and federal laws and regulations . Goal 1 on page 11 was amended in order to be consistent with -Goal 1 on page 21. Balcom suggested rewording the second sentence to read, "location within the Savage Fen Wetland Complex should be considered when developing replacement wetlands" . Rowse felt that this is a weaker statement than what is already there. Panel members discussed the statement. "With emphasis on restoration within the Savage Fen Wetland Complex" was suggested as an addition to this revision. Rowse stated that US EPA should be included under responsible party. State and federal law should be included under regulatory program. Goal 2 Strategy 1: Affeldt stated that Nationwide Urban Runoff Program (NURP) and as specified should be deleted and replaced with wet detention basins . Responsible party would include MPCA and regulatory program would include MPS stormwater plan. Strategy 2 : 11:45 a.m. Affeldt stated that, "sets forth criteria for the design and performance of stormwater detention basins" should be added after "wetlands" and finish sentence. "Rainfall occurrence" should be added prior to conditions . Strategy 3 : Balcom asked why only Types 1, 2, and 6 are noted. It was suggested that Types 1-7 replace this . AMMIIMMMMIMMMOMMIMMI F' ` i, A AUAR March 3 , 1995 Page 19 4 . Mitiaation Plan (Continued) Brown asked if it would be appropriate to indicate a distance for the natural buffer zones . Larsen stated that the Met Council requires a one rod ( 16 .5) distance. He stated that there is little justification for not requiring some sort of buffer. Brown felt that one rod would be too short. He noted that Mahtomedi has adopted 75 ' . King stated that he is not comfortable with identifying a distance at this point. Larsen stated that there needs to be some indication from the city that there be some sort of buffering strategy. Balcom suggested a two rod distance. Van Zee stated that it would depend on the type and quality of the wetland. A two rod distance would have drastic effects on lots . Ostenson discussed effects relating to cost of lots as one example. King stated that staff has recognized the need for a buffer but is not able to identify an exact figure at this time. Van Zee discussed problems associated with developing around wetland areas . King stated that the city is committed to evaluating this and is in the process of studying this . Einess noted that 1/4 of an acre would be necessary to buffer a 1-acre wetland at a one rod buffer. Larsen discussed the purpose of a buffer around the wetland areas . He discussed Met Council's concerns . Williams summed up the discussions . Although there were mixed opinions, the group identified the need for buffer areas and encouraged the city to come up with those standards as quickly as possible. Affeldt suggested that in the implementation timeframe "buffer area and setback requirements " be added after "wetland" . Hutton defined the buffer and setback areas . a 1 Z .l it n AUAR March 3, 1995 Page 20 4 . Mitigation Plan (Continued) Brown believed that the panel should recommend a buffer area. Balcom discussed an interim strategy of a one rid width until the plan has been developed. 12 :00 p.m. Van Zee stated that in a typical situation, the buffer would be a problem on only one side of the wetland. Larsen discussed problems in wetland areas where lawn cuttings are dumped adjacent to the wetland area. Panel members continued discussion of the buffer area surrounding the wetlands. Westlake suggested a one rod width which can be adjusted until the city comes up with a final width. The final language was that it state, "promote the maintenance of a natural buffer zone of at least one rod along the boundary of wetlands, as an interim strategy. " Panel members discussed whether to continue this meeting or end at this point. Ring discussed collecting written comments on the mitigation document within the week, specifically, comments on page 23 to the end of the document. The decision was made to continue. Section 5 . 0 Goal 1 Strategy 1: • Balcom suggested changing "minimize" to "prevent" . Larsen stated that 35% slopes was high. He suggested that it be tightened up to prevent problems . Goal 2 Revise to reflect language used in earlier areas . AUAR March 3, 1995 Page 21 4 . Mitigation Plan (Continued) Strategy 1 : Balcom suggested that "encourage" be deleted. Revise to reflect species language used earlier. Strategy 2 : Revise to reflect species language used earlier. Larsen asked how this strategy would be regulated if an area is identified. King stated that the first strategy would be developed to identify where the areas are. It was noted that this will take years . King noted that if someone comes in with a concern, there are regulatory actions that will take place. There are no legal requirements on the part of the city. Larsen stated that the city should be responsive if a citizen identifies a sensitive area. King stated that there is a very stringent.tree ordinance that is being developed. Larsen stated that he would prefer to see a minimum level recon of the areas that should be protected. Strategy 3 : No changes . Goal 3 No change Strategy 1 : Brown suggested adding, "trees should be required to shade all ponding areas in order to keep water temperatures down. " King believed that this suggestion would be more appropriate in another area. He noted that this goal refers to forests in general. Brown discussed the importance of shading on all species, not just trout. Balcom suggested deleting "when feasible" and "heavily" . King agreed with deleting heavily, but discussed why "when feasible" should remain. Balcom suggested changing "avoid" to "minimize" . R AUAR March 3, 1995 Page 22 4 . Mitigation Plan (Continued) Strategy 2 : Larsen asked if the city's tree ordinance promotes native species for planting. King replied that it does . Goal 6 . 0 Historical, Archeological and Architectural Resources • Goal 1 No change Strategy 1: Balcom suggested adding "Minnesota" before archeological. Strategy 2 : No changes Strategy 3: Brown suggested adding, "if of significant historical value" to the statement. "When appropriate" will be deleted. The State Historic Preservation Office under responsible party. Strategy 4 : Encourage public access to archeological and historical sites where feasible. Section 7 . 0 - Other Development-Related Issues Goal 1: Balcom questioned the use of the wording "safely accommodate" . He asked why this goal even exists . Panel members discussed this goal. A AUAR March 3, 1995 Page 23 4 . Mitigation Plan (Continued) Strategy 1 : Larsen discussed adding language to the first strategy. Language will be, "while recognizing the need to meet or accommodate the other goals and protection strategies in this plan. " Strategy 2 : King suggested, "Monitor and plan for traffic needs as the area develops while recognizing the need to meet or accommodate the other goals and protection strategies in this plan" as the amended language. Balcom asked if this language would give a wider justification for the construction of CSAH 27 through the fen. Panel members discussed this concern. Goal 2 : Strategy 1: No changes Strategy 2 : and contract oversight Goal 3 : Strategy 1: No changes Strategy 2 : Brown discussed concerns about construction noise. King stated that MnDOT does not implement noise mitigation measures for existing roads . "as part of new roadway construction and. . . " Scott County should be removed as a responsible party. Strategy 3 : No changes r4 ,4 ' V, w AUAR March 3, 1995 Page 24 5 . GENERAL COMMENTS A. Van Zee offered his assistance to panel members who are unsure of the location of Covington Ponds as it relates to the AUAR area. B. Balcom provided information on the county biological survey. C. King thanked everyone for their participation on the AUAR panel. He stated that changes to the minutes of the 17th and 27th are due by March 10, and changes to the March 3 minutes, comments, and mitigation plan are due by March 17 . He discussed steps which would take place following receipt of all these comments . D. Williams and Balcom discussed the positive experience. E. King noted that minority opinions are due by the 17th. 5 . ADJOURNMENT There being no further business, the meeting was adjourned at 1:10 p.m. Respectfully submitted, Clare T. 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Yr•dl Tr Yr %M Yr er Tr Yr %V VI %r <r Tr Tr Tl-dl-Tr Tr dl U] - (N N 0 0 II N II N U) to 0 0 M II V' II N $Z• W t0 V) O 0 a) Z Wq 11 .-I 11 Ul WZ rt Uz II H II • w 0UG w a a n w an a X a >4 n w W u u a) ao 0 0 u H o% O\ 0 0 n r II • m () 0 0 II 01 01 01 0 0 II d' CI at 0 0 11 0 O W 0 co 11 E-1 ON m o o El U I1 rl z r r N N Z II N W HH in- WE-i-IH II � U' U n › B 4 4 ii `i cQ 01 II II II II II II (N (N 0 0 On O O O O N • t0 to O O 0 r r v)- N 0 cn 0• PC U) M El• H W N E' E CII - t0 • DI I N N 0 0 II 1') II 1 O O O O 11 •-i II II • II t (.0 4.0 0 0 II a' II 1 N N to II CO II E-I I U) to H II to tl ZZi iwHtn u � 41 E-4 I 01 c4 inZ szri I - 01 CO X U "U� wa) IX II 1 W N U 4 1 a W N U4 0 I \ t x OC\ n U) N I U) (N n ra ra 0 I W 0 II O a0 t >o+ Cay� 0 ii • El 1 W 4 0 0 0 0 H W 2 DI u o n U U a • II 0 0 0 0 a 0 II N N 0 0 II N tl to U) O O II dI II W• W U) U) 0 0 W W II co n Eito co N N E-IU) II W 11 it .W II - II H 01 w H a II to 11 WW (H!) W II II W W II 11 n u u u H 11 I U II It • 11 I M II t M tt I El 11 t U) O II II I 0wd OII B N D x H n II H U w II II 1.4 1 � al Z II >4 w ZHH U II W 0 U 01 1H II H II H M z a • H II Cu H 14 a U It W 'A' uw) X U) n 41 ai ria n O 11 H U WZ W 11 .7 a A u Z u DI U 11 w E- w o>4 - - U n C7 1-3• Il tin 00 0 iii 1-311 O• II T -_u _ow U - - O n II. _ Io MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: March 16, 1995 RE: Animals In 1993 the City Council adopted a new ordinance restricting animals within the City limits to domestic animals. Domestic animals were defined as "domestic dogs (excluding hybrids with wolves, coyotes or jackals) , domestic cats (excluding hybrids with ocelots or margays) , farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. " This amendment was prepared to deal with concerns raised by someone who was keeping a cougar in the City. In 1994 the owner of a pet shop in town contacted me to ask whether he could maintain his diverse inventory under this ordinance. The ordinance does not allow many of the animals he has in his shop, including such diverse animals as game farm raised raccoons and skunks, hermit crabs, ferrets, and fish. He asked whether the ordinance could be amended to allow the animals in his shop. Unless Council has an objection, I will be preparing an amendment to the wild animal ordinance to allow the animals identified by the pet shop owner. If Council would prefer that I not spend time on this project, please let me know. Signed Karen Ma ty, C3,ty Attorney KEM:bjm [16MEMO] cc : Dennis Kraft Judy Cox Metropolitan Council Advocating regional economic, societal and environmental issues and solutions March 15, 1995 Lindberg S. Ekola MAR 1 6 1995 Planning Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE: Proposed Amendment to Shakopee's 1980 Comprehensive Plan: Private Wastewater Treatment Systems Metropolitan Council District 5 Referral File No. 16131-2 Dear Mr. Ekola: The Metropolitan Council staff has reviewed the proposed plan amendment pertaining to Private Wastewater Treatment Systems, which was received by the Council on March 6, 1995. We have determined that the proposed amendment is a major plan amendment, which by law allows the Council 90 days from receipt of the amendment to complete its review. The proposed amendment has the potential for significant impacts on the regional wastewater collection and treatment system in terms of revenue, financing, capacity allocations, and effluent discharge permit requirements for the Minnesota River. This potential impacts need to be examined both internally as well as in consultation with city staff. A major amendment may not be put into effect by the local government until the Council review is complete. If the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has approved the modification. The 90-day review period ends on June 1, 1995. Within that period, Council staff will complete a review of the amendment and forward a copy of the staff report to the city. If you have any questions during the review period, please feel free to contact James Uttley, principal reviewer, at 291-6361. Sincerely, Charles Bal entine, Director Office of Local Assistance cc: Neil Peterson;Metropolitan Council District 5 . - _ Jack Frost, Water.Management Technical Services :. • • - - . .- -Ed Bloom, Wastewater.Services - Community Services _ . James Uttley, Office of Local Assistance • Mears Park Centre 230 East Fifth Street St.Paul,Minnesota 55101-1634 - 612 291-6359 Fax 291-6550 TDD 291=0904 An Equal Opportunity Employer Recycled Paper MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: March 16, 1995 RE: Draft Personnel Handbook BACKGROUND: At the City Council meeting of the whole on March 14, 1995, the draft personnel handbook was discussed. A number of questions were raised and changes requested. I have incorporated those changes into a revised draft for your review, which is attached. The underlined provisions are added; the otrickcn provisions are to be deleted. We also have had an interesting development in one of our unions, which unfortunately affects the further processing of the draft personnel handbook. The Bureau of Mediation Services has sent the City a "Maintenance of Status Quo Order" . There apparently has been a petition requesting decertification filed. The Order prohibits "threats or promises as to changes in wages, hours and conditions of employment" . This clearly includes changes in the personnel policies, as those policies generally encompass the "conditions" of employment . Therefore, although I am sending you information as requested Tuesday night, you are unable to act on this information. If you have any questions, please let me know. Signed 4,410/: • Ati, p• Karen Mar , its °ttorney KEM:bjm [16MEMO] Attachment March 14 changes to DRAFT PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE Adopted By: Shakopee City Council Resolution No. , 1995 (This supersedes all previous personnel policies . ) TABLE OF CONTENTS INDEX PAGE NO. I . PURPOSE 1 A. Goal . 1 B. Employees at Will 1 C. Equal Employment Policy 1 D. Application and Conflicts 1 II . DEFINITIONS 3 A. Employee 3 B. Exempt Employee 3 C. Full-Time Employee 3 D. Probationary Employee 3 E. Non-Exempt Employee 3 F. Part-Time Employee 4 G. Position 4 H. Regular Employee 4 I . Temporary Employee 4 III . COMPENSATION 5 A. Amount 5 B. Base Pay 5 C. Comparable Worth 5 D. Paydays 5 E. Performance Evaluation 5 F. Compensatory Time and Overtime 5 1 . Non-Exempt Employees 5 2 . Temporary and Part-Time Employees 6 3 . Exempt Employees 6 G. Pay Periods 6 H. Deferred Compensation 6 I . Retirement Benefits 6 IV. BENEFITS 7 A. Eligibility 7 B. Insurance 7 C. Continuing Education 7 1 . Conferences and Seminars 8 a. In General 8 b. Meals 8 c. Travel and Lodging 8 d. Excluded Expenditures 8 e. Time Off 8 2 . Employee Tuition Policy 9 a. Pre-Approval 9 b. Satisfactory Completion 9 c. Time Off 9 D. Membership Fees 9 i INDEX PAGE NO. V. HOLIDAYS AND LEAVES 10 A. Eligibility 10 B. Holidays 10 C. Vacation Leave 10 1. Amount 10 2 . Accumulation 11 3 . When Taken 11 4 . Exempt Employees 11 D. Sick Leave 11 1. Accrual 11 2 . Use of Sick Leave 11 3 . Proof 12 4 . Family and Medical Leave 12 5 . Conversion 13 E. Bereavement Leave 14 F. Bone Marrow Donor Leave 13 G. Parenting Leaves 14 1 . Birth or Adoptive Leave 14 2 . School Conference and Activities Leave. . 14 H. Voting Leave 14 I . Jury or Witness Duty 15 J. Military Leave 15 K. Leaves Without Pay 15 1. Short Leave 15 2 . Long Leave 15 L. Absence Without Leave 16 VI . EMPLOYEE CONDUCT 17 A. Appropriate Conduct 17 1. Teamwork 17 2 . Courtesy 17 3 . Appropriate Conduct 17 4 . Affirmative Action 17 5 . Sexual Harassment Policy 17 a. Policy 17 b. Definition 17 c. Supervisory and Administrative Responsibility 18 d. Employee Responsibility 18 e. Complaints 18 f. Investigation and Resolution 18 6 . Smoking Policy 19 a. Police Department 19 b. Fire Department 19 c. City Vehicles 19 7 . Drug and Alcohol Policy 19 a. In General 19 b. Reporting 19 ii INDEX PAGE NO. c. Subject to Testing 20 1 . Routine Physical Examination Testing 20 2 . Random Testing 20 3 . Reasonable Suspicion Testing. . 20 4 . Treatment Program Testing . . . 20 d. Testing Procedure 21 e. Testing Laboratory 21 f. Test Results 21 g. Discipline 22 8 . Lawsuits Against the City 22 B. Work Hours and Rest Periods 22 1 . Work Hours 22 2 . Rest Periods 23 C. Emergency Closing of City Facilities 23 D. Use of City Property 23 1 . City Property 23 2 . City Telephones 23 3 . City Vehicles 24 4 . City Name 24 5 . Employee Identification Cards 24 E. Personal Activities 24 1 . Use of Personal Vehicle 24 2 . Outside Employment 24 3 . Soliciting 25 4 . Political Activities 25 F. Conflicts of Interest 25 1 . In General 25 2 . Participation in Federal Projects 25 G. Protected Information 25 1 . Disclosure of Information by Employees. . 25 2 . Release of Protected Information 26 3 . Personnel Files 26 H. Safety 26 1 . In General 26 2 . Hazardous Substances 27 3 . Accidents 27 4 . Traffic Tickets 27 VII . GRIEVANCES AND DISCIPLINE 28 A. Grievance Policy 28 B. Disciplinary Policy 28 1 . In General 28 2 . Exempt Employees 28 3 . Non-Exempt Employees 29 4 . Just Cause 29 5 . Disciplinary Action Steps for Non-Exempt Employees 29 a. Oral Reprimand 29 b. Written Reprimand 29 iii INDEX PAGE NO. c. Suspension or Other Disciplinary Action 30 i . Suspension With or Without Pay. 30 ii . Other Disciplinary Actions. . . 30 d. Discharge 30 6 . Hearing 31 VIII . APPOINTMENTS 32 A. In General 32 B. Affirmative Action Policy 32 C. Promotion 32 D. Applications 32 E. Selection and Hiring 32 F. Pre-employment Exams 33 G. Accrued Leave 33 H. Probationary Employees 33 1 . Probationary Period 33 2 . Extension 34 3 . Discharge 34 4 . Completion 34 I . Temporary Employees 34 J. Family Conflicts 35 IX. SEPARATION 36 A. Duration of Employment 36 B. Resignation 36 1 . Procedure 36 2 . Unauthorized Absence 36 C. Retirement 36 D. Severance Pay 36 E. Lay-offs 36 1. Procedure 36 2 . Benefits 36 3 . Return to Work 37 4 . Termination of Position 37 F. Discharge as Discipline 37 iv PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE I. PURPOSE. This Handbook is established to provide a uniform and equitable system of personnel administration for employees of the City. A. Goal. The goal of the personnel policies of the City is to establish a career service and draw into this service the best qualified individuals, making their employment attractive through fair and equitable treatment, thereby providing Shakopee with the best possible service at the most reasonable cost . B. Employees at Will. Excmpt cmploycco, t Temporary employees, and probationary employees, as defined and described below, are employees at will. Cincc cxcmpt cmploycco cxcrcioc thc grcatcot diocrction, and thcir actiono rcflcct thc moot upon thc City, t The City Council reserves the right to discharge these employees at any time for any reason or for no reason at all . The provisions of this handbook do not establish terms and shall not be construed as contractual provisions for cxcmpt cmploycco, temporary employees, or probationary employees . No supervisor or City representative has any authority to enter into any agreement for employment for any specific period of time, or to make any agreement contrary to the at-will doctrine. Nothing in this Personnel Handbook, or in other City policies which may be communicated to the employee, constitutes a contract of employment for cxcmpt cmploycco, temporary employees, or probationary employees. C. Equal Employment Policy. The City of Shakopee is an equal opportunity employer. The City of Shakopee will not discriminate against nor harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, unless such discrimination is based on a bona fide occupational qualification. D. Application and Conflicts. This handbook shall apply to all employees when adopted, except union employees . It shall apply to all union employees after their next contract has been adopted, except where the union contract differs. The personnel policies in effect prior to the adoption of this handbook shall apply to all union employees prior to adoption of their next contract. In the event of conflict between this handbook and any collective bargaining agreement, personal services 1 contract, civil service commission rule, City ordinance, or state or federal law, the terms and conditions of that contract, rule, or law shall prevail . A department may adopt stricter rules than those included herein, which shall govern over less restrictive provisions of this handbook. 2 II. DEFINITIONS. For purposes of this Handbook, the following terms shall have the following definitions when used herein. A. Employee - Means any individual who works for the City except the following: 1. Elected officials, 2 . Members of City boards, commissions and committees, 3 . Independent contractors, and 4. Others not regularly employed in paid positions, such as volunteers. B. Exempt Employee - Means an employee exempt from regulation by the Federal Fair Labor Standards Act, including the following: 1. City Administrator 2 . Assistant City Administrator 3 . Economic Development Coordinator 4. City Attorney 5. Assistant City Attorney 6 . City Clerk 7 . Finance Director 8. Planning Director 9. Senior Planner 10. Assistant Planner 11. Police Chief 12 . Deputy Chief of Police 13 . Director of Public Works/City Engineer 14. Civil Engineer 15. Any other employee identified by the City Council as an exempt employee. C. Full-Time Employee - Means an employee normally scheduled to fill a position with an on-going regular work week of at least forty (40) hours. D. Probationary Employee - Means a regular employee who has worked for the City for six months or less. E. Non-Exempt Employee - Means an employee who is subject to regulation under the Federal Fair Labor Standards Act, specifically, all employees other than those listed above as Exempt . 3 F. Part-Time Employee - Means an employee scheduled to fill a position with a regular work week of less than forty (40) hours. G. Position - Means a specific job, calling for the performance of certain duties and having certain responsibilities . H. Regular Employee - Means an employee who is not a temporary employee. I. Temporary Employee - Means an employee who is appointed for seasonal work or for a special project, generally for a period of time not to exceed one year. 4 III. COMPENSATION. A. Amount. Employees of the City shall be compensated according to the schedule established by the City Council . The wages or salary so established is the total remuneration for employment; however, the City may provide allowances for uniforms and cars, and reimbursement for official travel, insurance, or other expenses incurred in the conduct of official business in accordance with City policy. B. Base Pay. The pay schedule established by the City Council establishes the base pay for each position. Compensation for overtime, benefits, longevity, shift differentials, and other items are in addition to the base pay. For the purpose of calculating overtime for police officers, base pay shall include detective pay as well as longevity or performance pay, whichever is applicable. C. Comparable Worth. Employee compensation shall be based, to the extent practicable, on the value of work measured by the skill, effort, responsibility, and working conditions normally required in the performance of the work. D. Paydays. Employees normally shall be paid bi-weekly on alternate Thursdays. When a payday falls on a holiday, employees shall receive their pay the preceding work day. E. Performance Evaluation. The performance of City employees shall be evaluated at least annually for the purpose of communicating strengths and weaknesses to the employee, as they relate to fulfilling the position duties and responsibilities. F. Compensatory Time and Overtime. 1. Non-Exempt Employees. Non-exempt employees shall be compensated for work their supervisor requires them to undertake in excess of 40 hours per week. Hours taken as sick leave, vacation leave, or holiday are considered hours worked. The compensation shall be in cash or compensatory time at one and one-half times their regular rate of pay. Although the employee generally may choose whether to receive the cash or compensatory time, the City Administrator may override the employee' s choice. An employee' s department head may require the employee to take compensatory time off within a 5 specified time frame. A maximum of 40 hours of compensatory time off may be accumulated, and any additional overtime shall be paid in cash. The City Administrator may authorize accumulating compensatory time beyond the 40-hour maximum, but may require that the employee take time off within a limited time period to reduce the balance of compensatory time off to the 40-hour maximum. 2 . Temporary and Part-Time Employees. Temporary and part-time employees shall not be allowed to take compensatory time off; rather, overtime shall be paid for work performed in excess of 40 hours per week as required by the Federal Fair Labor Standards Act . 3 . Exempt Employees. Exempt employees shall not be granted overtime compensation. However, exempt employees also shall not be denied compensation for any absence of less than one day, since the employee is presumed to work 40 hours per week, some during the regular work day, and some outside those hours. G. Pay Periods. The pay period for all employees shall be a fourteen (14) day period beginning on Monday at 12 :01 a.m. and continuing to the second following Sunday at 12 : 00 a.m. (midnight) . H. Deferred Compensation. Under the City' s deferred compensation plan, a certain dollar amount can be withheld from any employee' s paycheck and invested for payment at a later date, usually at retirement . Contributions to the program are financed solely by the employee, through payroll deduction. Participation in the deferred compensation plan is mandatory for firefighters, temporary pool employees, and temporary Public Works employees. I. Retirement Benefits. Under state law, many City employees must participate in the Public Employee' s Retirement Association. Retirement benefits accrue from both employee and employer contributions. Contributions to the retirement system are mandatory and are deducted from the employee' s salary each payroll period. Firefighters receive retirement benefits through the Shakopee Fire Department Relief Association. 6 IV. BENEFITS. A. Eliaibilitv. All regular employees shall become eligible for and may receive certain benefits, as set forth below. An employee suspended without pay for more than one pay period, or on a long leave of absence without pay, shall not be eligible for any benefits and shall not be allowed to use any benefits other than group health insurance, life, or long term disability insurance as provided for in the insurance policies. An employee on an unpaid sick leave of more than 40 hours must pay the employer' s share of benefits as well as the employee' s share, if the benefits are to continue in effect, by the 5th of each month, as set up at the time the leave is approved. Part-time employees who do not regularly work 25 hours or more per week and temporary employees are not eligible for City benefits other than the continuing education benefit. B. Insurance. Long term disability insurance is provided to all employees. Life insurance is provided to all employees after thirty (30) days of continuous service. Major medical and hospitalization insurance are offered to all qualified regular employees after thirty (30) days of continuous service. An employee may select individual, two-party, or family coverage. The City shall make a specified contribution per month toward the cost of the coverage, and this contribution may differ depending on the type of coverage selected. The difference between the actual cost of the selected coverage and the City' s contribution shall be deducted from the employee' s biweekly paycheck. For those employees selecting individual, two-party, or no coverage, the City may return to the employee some of the money saved by the City in not having to make its full contribution to family coverage. The City may choose to segregate retired employees from other employees for pooling purposes in determining the premium for insurance as allowed by state law. Part-time employees who regularly work 25 hours or more per week shall receive pro rata insurance benefits. Suspended employees and employees on a short leave of absence without pay shall receive insurance benefits as if they were not suspended or on leave. Employees on a long leave of absence without pay shall receive insurance benefits in accordance with the insurance policy only if the employee pays the full cost of the insurance. Employees or dependents may elect to continue life, hospital or medical insurance coverage beyond the date 7 that it would otherwise terminate as provided by federal or state law. C. Continuing Education. 1. Conferences and Seminars. a. In General. The City may pay for conferences and seminars which the employee' s department head determines will contribute to the better performance of the employee' s job and the City' s business. To qualify for payment, the employee must secure the prior approval of the department head, who should verify that the expenditure is budgeted. A conference or seminar is a course which occurs in one continuous block of time. b. Meals. Meal expenses will be reimbursed upon submission of receipts up to $35 per day for conferences and other City business, unless a different rate is approved by the City Administrator. The City Administrator may waive the requirement of a receipt . c. Travel and Lodging. Travel and parking expenses may be paid or reimbursed by the City. Travel time will not be paid or reimbursed if the destination is within the seven county metro area. Regardless of the number of hours spent at a conference, the City will reimburse only a regular work shift per day. The City will pay for coach airfare when it is estimated that flying is cheaper than driving. This comparison shall include the employee' s travel time. The City will pay the single room rate for overnight stays at conferences. If there is not a designated hotel for the conference, the employee should use reasonable judgment in selecting lodging based on cost, location and quality. Employees should seek a government discount. d. Excluded Expenditures. The City will not pay for alcoholic beverages, entertainment, personal telephone calls (other than one of no more than five minutes to home per day for overnight stays) , and other personal items not specifically designed to benefit the City. Absences for longer than two weeks may have 8 additional telephone calls authorized by the City Administrator. 2 . Employee Tuition Policy. The City may reimburse a regular employee for tuition expenses under certain circumstances. There shall be no reimbursement for mileage/parking expense. Required books, lab fees, and material costs will be reimbursed. Tuition expenses are available for a course occurring in non-continuous classes over a period of time. a. Pre-Approval. Prior to starting a class or classes, the employee must obtain approval from the employee' s department head and the City Administrator that the class, certificate, degree or overall achievement is job related and that the request is worthy and would fill a need within the department . The department head should verify that the department budget can cover this expense. b. Satisfactory Completion. The employee shall provide the department head with proof of satisfactory completion (i .e. , a grade of C or above in technical school or undergraduate college; a grade of B or above in graduate school) of any course requested for reimbursement, prior to reimbursement . c. Time Off. If classes are during the regular work day, a non-exempt employee must take that time as compensatory time, vacation time, or leave of absence without pay, or the employee can seek a flexible scheduling arrangement approved by the department head. Classes or course work taken by the employee must not disrupt or interfere with the normal departmental operations. D. Membership Fees. Upon approval of the department head, the City will pay for membership in professional organizations where membership is required by law or is deemed beneficial to the City. 9 V. HOLIDAYS AND LEAVES. A. Eligibility. All regular employees may take certain holidays and leaves, as set forth below. Employees suspended without pay for more than one pay period, or on unpaid leave of absence, shall not accrue or be allowed to use any accrued leave. Except as otherwise provided below, part-time employees who do not regularly work 20 or more hours per week and temporary employees do not accrue and will not be paid for holidays and leaves. Other part-time employees shall receive holiday pay on a pro rata basis, based on their hours regularly worked per week divided by 40 . B. Holidays. Regular employees who regularly work 20 or more hours per week are entitled to time off with pay on holidays. City offices shall be closed for business on each such holiday, but employees may be required by their department heads to work on holidays when the nature of their duties or other conditions require. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half times the employee' s base pay, plus the employee' s regular rate of pay for the holiday. When a holiday falls on a Saturday, the preceding Friday is a holiday. When a holiday falls on a Sunday, the following Monday is a holiday. If a holiday occurs during an employee' s scheduled vacation, it shall not be counted as part of said vacation. The following days are paid holidays : HOLIDAY CELEBRATED DATE New Year' s Day January 1 Martin Luther King' s Birthday Bay Third Monday in January Washington' s and Lincoln' s Birthday Third Monday in Feb. Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in Sept . Veterans Day November 11th Thanksgiving Day Fourth Thursday in Nov. Friday after Thanksgiving that Friday Christmas Day December 25th Floating Holiday date selected by each employee (NOTE TO CITY COUNCIL: Christopher Columbus Day, the second Monday_ in October, and the Friday after Thanksgiving are optional . All others are required state holidays. ) C. Vacation Leave. 10 1. Amount. All regular employees who regularly work 20 or more hours per week shall accrue vacation leave on a bi-weekly basis. For full-time employees it shall accrue in accordance with the following schedule: 0-5 years employment 80 hours annually 6-15 years employment 120 hours annually 16-20 years employment 160 hours annually 21+ years employment 160 hours plus 8 hours for each year worked over 20, to a maximum of 200 hours For part-time regular employees it shall be computed on the basis of (hours compensated for work per week) divided by (40 hours per week) times the number of hours specified above. 2 . Measurement. Each twelve months of employment with the City of Shakopee shall count as one year of employment for the purpose of vacation leave. The City Council shall have the option of giving new employees credit for each Each twelve months of related employment with another employer, which may be counted shall count as up to one-half year of employment for the purpose of vacation leave. 3 . Accumulation. Employees who have 0-15 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave. In extraordinary circumstances the City Administrator may approve the temporary accumulation of hours above the applicable cap. 4. When Taken. Vacation leave may be used no sooner than the next pay period after earned, subject to approval by the department head. 5. Exempt Employees. Exempt employees shall accrue vacation leave on a bi-weekly basis like all other employees. However, those Forty extra houro of leave per year shall accruc on a bi weekly basio for exempt employees whose normal job requirements include attendance at council, commission, or board meetings outside the regular work day shall accrue vacation in accordance with the following schedule : 0-5 years employment 120 hours annually 6-15 years employment 160 hours annually 11 16-20 years employment 200 hours annually 21+ years employment 200 hours plus 8 hours for each year worked over 20, to a maximum of 240 hours D. Sick Leave. 1. Accrual. All regular employees who regularly work 20 or more hours per week shall be entitled to sick leave with pay. This leave shall accrue at the rate of 3 . 69 hours on a bi-weekly basis. For part-time regular employees, sick leave shall computed on the basis of (hours compensated for work per week) divided by (40 hours per week) times 3 .69 hours per two week period. 2 . Use of Sick Leave. a. For the employee. Sick leave may be authorized by the department head for an employee not on any other leave when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental, or chiropractic care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Illness or injury occurring while an employee is on vacation shall not be charged to sick leave, but shall remain as vacation. b. For a child. Employees may use sick leave for the illnesses of their children under the age of 18 (or who is incapable of self-care because of a physical or mental disability) for such reasonable periods as the employee' s attendance with the child may be necessary. c. For a spouse. Employees may use sick leave for the care of a spouse, who has a serious health condition, subject to the conditions listed below. d. For other relatives. Sick leave also may be granted for a maximum of three consecutive work days for each serious illness of the employee' s adult child, sibling, parent, father-in-law, mother-in-law, son-in-law, 12 daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. e. Bereavement Leave. Sick leave may be granted for a maximum of three Thrcc consecutive work days may be takcn as bereavement leave for each occurrence of death of the spouse, death of any relative residing permanently with and dependent upon the employee, or death of any child, parent, sibling, grandparent, or grandchild of the employee or of the employee' s spouse. 3 . Proof. To be eligible for sick leave with pay, an employee shall : (a) report as soon as possible (and in any event within one hour of the start of the employee' s workday) to the employee' s department head the reason for the absence for each day of absence; and (b) keep the department head informed of the sick person' s condition, and submit a medical certificate or other evidence from a physician for any absence if required by the City Administrator. 4 . Family and Medical Leave. a. Eligibility. An employee who has been employed by the City for at least 12 months and has worked at least 1250 hours in the preceding 12 months is eligible for additional family and medical leave. After the depletion of sick leave for a child or spouse, an employee must use up all compensatory time, and may use vacation time, then an unpaid leave of absence shall be granted to finish out a leave of no more than twelve weeks in order to care for a seriously ill child or spouse as provided in 29 U.S.C.A. Sec. 2611 et seq. An unpaid leave of absence of no more than twelve weeks shall be granted in order to care for a seriously ill parent . This leave may be taken only once in each 12-month period. The 12-month period for unpaid leave shall be measured forward from the date the employee' s first FMLA leave begins. b. Notice Prior to Leave. Thirty days' prior notice is required if the leave is foreseeable. If thirty days' notice is not possible, as much notice as practical must be given. Planned medical treatment should be 13 II scheduled so that it will not unduly disrupt the City' s operations. c. Certifications. Certification on by the employee' s physician may be required for FMLA leave due to the employee' s serious health condition or that of a child, parent, or spouse. A second opinion may be requested by the City, and if requested, will be paid for by the City. An employee must periodically re-certify the sick person' s medical condition. d. Return to Work. An employee must restate the employee' s intent to return to work after the leave. The City may require a medical certificate attesting to the employee' s fitness for duty prior to return to work, which must address whether the employee can perform the essential functions of the job. An employee will return to the same or an equivalent position upon return from FMLA leave, except that an employee returning from FMLA leave caused by a child with a serious health condition will be returned to the same position. 5. Conversion. Employees who have accumulated more than 160 hours of sick leave may elect to convert a portion of their sick leave to vacation leave. Such conversion shall be limited to sixty hours of sick leave, and may be converted at a rate of three hours of sick leave to one hour of vacation leave. If an employee elects to convert sick leave, the election must be in writing and be made once each payroll year at a time and in a manner established by the City Administrator. E F. Bone Marrow Donor Leave. As prescribed by Minn. Stat . Sec. 181. 945, certain employees are eligible to take paid leave to undergo medical procedures to donate bone marrow. F G. Parenting Leaves. 1. Birth or Adoptive Leave. As prescribed by Minn. Stat. Sec. 181 . 940 - 181. 944, and 29 U.S.C.A. Sec. 2611 et seq. , certain employees are eligible to take an unpaid leave of absence for up to twelve weeks in connection with the birth or adoption of a child. Accrued paid vacation and sick leave (if applicable) must be used up prior to using unpaid 14 leave. When the leave is foreseeable based on an expected birth or adoption, the employee shall provide the employee' s department head with at least thirty days' notice prior to taking birth or adoptive leave. Group insurance coverage will remain in effect during the leave in accordance with the insurance policies, if the employee pays all costs including the employee contribution. 2 . School Conference and Activities Leave. As prescribed by Minn. Stat . Sec. 181 . 9412, an employee will be granted limited unpaid leave upon request for a child' s school conferences or classroom activities, if the conference or classroom activities cannot be scheduled during non-work hours. G H. Voting Leave. Employees are eligible for voting leave as provided in state law. Those employees required to work an 8-hour shift on election day have the right to be absent from work to vote during the morning of election day, with pay. No employee may be absent from work for more than one hour to vote without prior approval of the employee' s department head. Each employee shall notify the department head prior to being absent. H Jury or Witness Duty. When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in a case in which the City is a party, the employee is entitled to compensation from the City equal to the difference between the employee' s regular pay and the amount received as a juror or witness . An employee who receives notice of jury duty or witness service shall notify the employee' s supervisor immediately in order that arrangements may be made to cover the employee' s position. I 4. Military Leave. Every employee to whom Minnesota Statutes Section 192 .26 or 192 .261, or U.S.C. Title 38, Sec. 2021 applies is entitled to the benefits those sections list, subject to the conditions in the law. An employee promoted or hired to fill a vacancy created by a person being on military leave may be appointed to the position subject to the return of the absent employee, if the law so provides. Upon such return, a promoted employee may be restored to the employee' s original position or an equivalent position. A replacement employee may be subject to layoff if no other position is available, if the law so provides. J K. Leaves Without Pay. 15 1. Short Leave. Each department head may grant any regular employee a leave of absence upon request without pay for up to 5 hours in any week. In addition, the City Administrator may grant any regular employee a leave of absence without pay for up to 40 hours per calendar year, upon the recommendation of the department head. While on short leave of absence, the employee shall be treated in all respects as if the employee were working, including receiving benefits, except the employee shall forego the employee' s salary. 2 . Long Leave. The City Administrator may grant any regular employee a leave of absence without pay for a period not exceeding 90 days for career advancement, or for personal or family situations. Under no circumstances may an employee use a leave of absence to work for another employer or to pursue self-employment . The City Council may extend such leave to a maximum period of one year if the employee is disabled or where the City Council finds extraordinary circumstances warrant such extension. No benefits or leaves shall accrue or may be used (except insurance) while the employee is on a long leave of absence without pay. A employee on an approved long leave of absence may continue the employee' s insurance coverage by paying the employer' s share of benefits as well as the employee' s share to the City in advance by the 5th of each month for each full or partial month during which the employee is absent, as set up at the time the leave is approved. K L. Absence Without Leave. An employee who is absent and fails to report the reason to the employee' s supervisor within one hour following the start of the employee' s workday shall be subject to discipline, which may include deduction of pay for the period of absence. 16 VI. EMPLOYEE CONDUCT. A. Appropriate Conduct. 1. Teamwork. Each employee is part of a team, working together to provide excellent service to the residents of Shakopee. Each employee is expected to strive to do their best to assist in this team effort, by doing the employee' s job economically and efficiently, with consideration toward the public. Employees are expected to work well with others . Employees also are expected to assist others, in their own and other departments, when requested and their work load permits, so that the work of the City gets done. 2 . Courtesy. City employees are expected to be friendly and courteous to each other and to the public. They are expected to give and take, look at the other person' s point of view, and apply common sense, honesty, and open-mindedness to whatever problems arise in day-to-day work. 3 . Appropriate Conduct. Each employee shall dress and behave in a manner which is appropriate for their position a credit to the City. No employee shall fail to obey the lawful orders of the employee' s supervisor or the City Administrator. No employee shall accept a gift from a person or representative of a person or association that has a direct financial interest in a decision that the employee is authorized to make, except as permitted under Minn. Stat. Sec. 471 . 895, Subd. 3 . No employee shall willfully make a false statement or falsify any City document . 4 . Affirmative Action. Any employee of the City who does not comply with the Equal Employment Opportunity laws and regulations will be subject to disciplinary action. 5. Sexual Harassment Policy. a. Policy. Sexual harassment in any form against any employee or member of the public will not be tolerated. All employees are to enjoy a safe work environment free from unreasonable interference, intimidation, hostility, or offensive behavior on the part of supervisors, co-workers, or visitors. 17 b. Definition. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, as prohibited by Minn. Stat . Chapter 363 . c. Supervisory and Administrative Responsibility. No supervisor shall engage in sexual harassment . If any discriminatory or unreasonable conduct is observed, the offending person or people must be asked to stop immediately and advised that discipline will follow if they continue in this behavior. All incidents or recurrences should be reported as described below. d. Employee Responsibility. Employees shall conduct themselves in accordance with this policy and shall assist supervisors and department heads in maintaining a work environment free from sexual harassment . Any offensive conduct should be substantiated to the extent possible. The offending person or people should be told that the employee finds the conduct offensive. Such conduct should be immediately reported to the department head or the City Administrator, as described below. e. Complaints. Complaints of sexual harassment shall be dealt with fairly and evenhandedly. The dignity of all the parties involved shall be considered. Any employee who believes that the employee has been harassed, or has witnessed sexual harassment, should promptly report the facts of the incident or incidents and the names of the individuals involved to the employee' s department head, or to the City Administrator. Department heads shall immediately report any and all such complaints to the City Administrator and shall assist in investigating the complaint . If a department head is the alleged perpetrator, complaints should be made directly to the City Administrator or the City Attorney. f. Investigation and Resolution. A thorough investigation of the complaint shall be completed by the City Administrator within 30 days. The investigation may include interviews with all relevant individuals and will be conducted in such a manner as to 18 preserve the confidentiality and rights of all parties concerned to the fullest extent possible. Upon review of the results of the investigation, the City Administrator may recommend: i. Counseling with affected employees to ensure understanding of what is prohibited, as well as the seriousness of the issue and the City' s commitment to deal with violations of this policy; ii. Discipline, including discharge. 6. Smoking Policy. No smoking is permitted in any City building or vehicle except as follows : a. Police Department. People under extreme stress who come into the police department, such as defendants and witnesses, may be allowed to smoke. b. Fire Department. Smoking is permitted as specified in the Fire Department' s by-laws. c. City Vehicles. Smoking is permitted in assigned vehicles only, if no one in the vehicle objects. 7 . Drug and Alcohol Policy. a. In General. The City intends to provide a drug-free, safe, and secure work environment . No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working or on City property or operating a City vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription, or when engaged in authorized Police Department activities. This Policy shall be interpreted consistently with Minn. Stat . Sec. 181. 950 et seq. and applicable federal law. b. Reporting. Employees must report, to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employee' s work day or while conducting City business. A report of the conviction must be made within 19 five days after the conviction as required by the Federal Drug-free Workplace Act of 1988 . c. Subject to Testing. Employees are subject to drug and alcohol testing in the following circumstances : i. Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. ii. Random Testing. An employee in a position in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. iii. Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has engaged in the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment violatcd thio drug and alcohol policy; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. iv. Treatment Program Testing. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may 20 be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. d. Testing Procedure. The drug and alcohol testing may be ordered by any department head or the City Administrator. Before undergoing drug or alcohol testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City' s drug and alcohol policy, and (2) indicating any over-the-counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result, and (3) indicating consent to undergo the drug and alcohol testing. e. Testing Laboratory. All drug and alcohol testing shall be handled by a laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181. 953 . f. Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug(s) , alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test . At this time the employee has a right to request and receive a copy of the test result report . If the report shows a positive test result on the confirmatory test, the employee has the right, within five working days after notice of the positive test result, to submit information to the City to explain that result, or to request a confirmatory retest of the original sample at the employee' s own expense. 21 The City shall follow the statutory procedures and provide the employee with proper notices. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test shall be taken against the employee. g. Discipline. An employee has the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City' s drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee' s own expense or pursuant to coverage under the City' s insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. Appeals may be taken under the grievance policy. 8. Lawsuits Against the City. No employee may discuss matters involved in lawsuits against the City with any party involved in suing the City. All questions pertaining to lawsuits shall be referred to the City Attorney. All City employees must promptly notify their supervisor in the case of incidents which reasonably may be expected to result in a lawsuit involving potcntial lawsuits within one day. The supervisor must promptly report the incident, in writing, to the City Attorney within one wcck. 22 B. Work Hours and Rest Periods. 1. Work Hours. The regular work week for employees is five eight-hour working days, from 8 :00 a.m. to 4 :30 p.m. , with a one-half hour lunch break, Monday through Friday, except as otherwise established by the department head in accordance with the custom and needs of the department . Every employee shall be ready to begin actual operations at the employee' s place of work at the specified starting time. A department head may modify the work hours for an employee to include fewer hours, if the employee has worked more than four hours overtime during the previous two pay periods. 2 . Rest Periods. Each employee may take a 15-minute rest period in each half of the employee' s shift . Employees required to work additional shifts shall be entitled to additional 15-minute rest periods . Each department head may schedule rest periods so as not to interfere with work requirements. C. Emergency Closing of City Facilities. When the City Administrator or Mayor determines that circumstances exist which pose a threat to the safety of employees and public patrons, or which prohibit the normal use of the City' s facilities, that person may declare an emergency and direct the official closing of facilities. Notification shall be by City Hall intercom, telephone contact, and/or WCCO (AM radio) , as appropriate. Employees may record the time missed as vacation or accumulated compensatory time, or they may choose to take the time without pay. Those employees required to work by virtue of the nature of their position shall not receive extra compensation, but shall be compensated in accordance with existing union contracts or the City pay plan. D. Use of City Property. 1. City Property. No employee shall negligently lose, damage, or waste City property. No employee shall use City property for anything other than City work without the prior explicit permission of the employee' s department head. No employee shall access the files of an employee outside his or her department, unless specifically authorized by a department head. 23 2 . City Telephones. Telephones are for City business. Any personal telephone calls should be infrequent and brief. Employees in City Hall shall fill out a long distance telephone log for each long distance telephone call made, and submit the log to the Finance Department. Personal long distance telephone calls may be made, provided they are made on a collect or calling card basis during a scheduled break period, or if specifically authorized otherwise by the department head. 3 . City Vehicles. City vehicles may be used for official business only, although they may be used for meals while the employee is otherwise driving about on City business. The Police Chief, the Fire Chief, and one other Fire Department official may use a City vehicle for commuting as well as for official City business, so that they have a vehicle available for emergency responses. 4. City Name. No employee may use the employee' s job title or the City name to further personal or political goals. Job titles and reference to the City may be used only for official City business. Promises on behalf of the City may not be made without the prior approval of the employee' s department head. Contracts may not be entered into without the prior approval of the City Council . 5. Employee Identification Cards. All regular employees shall be provided with employee identification cards. Cards also may be issued to other employees who require City identification while working in remote job sites. Each employee is responsible for possession of their identification card and shall protect it from loss, theft or misuse. Unauthorized or inappropriate use of the employee identification card is prohibited. E. Personal Activities. 1. Use of Personal Vehicle. Any employee who uses the employee' s personal vehicle for City business must have insurance. The City may reimburse the employee at the maximum rate allowed by the Internal Revenue Service for business use of a personal vehicle without the reimbursement being taxable income. 2 . Outside Employment. Employees must devote all work time to City business. No work relating to outside employment may be performed during work time. 24 An employee who joins the fire department must report this to the employee' s department head. For pay purposes, time spent on fire calls shall not be deducted from the time spent on the regular job; and ohall be rcportcd and paid on the firc payroll . All benefits and leaves shall continue to accrue without regard to time spent on fire calls. 3 . Soliciting. No employee shall actively solicit membership in or contributions to any organization or cause during regular work hours. 4. Political Activities. As provided in Minn. Stat. Sec. 211B. 09, an employee or official of the City may not use official authority or influence to compel a person (1) to apply for membership in or become a member of a political organization, (2) to pay or promise to pay a political contribution, or (3) to take part in political activity. F. Conflicts of Interest. 1. In General. City employees must be exceedingly careful to avoid a conflict of interest and even the appearance of a conflict of interest. Therefore, a City employee, acting in the employee' s official capacity, may not transact official City business with a family member, nor with a business or person with whom that employee has a financial interest or involvement . An employee may be requested to resign from outside employment if the conflict is irreconcilable and the employee' s department head and the City Administrator cannot find another way around the conflict . 2 . Participation in Federal Projects. The City may undertake projects under federal contract or with federal funds. City employees who exercise certain functions or responsibilities with respect to these federal projects, during their tenure with the City and for a period of one year after terminating employment with the City, are prohibited from having any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work performed under the federal project . In addition, employees are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from potential contractors or contractors to be hired for federal projects. Employees violating this provision shall be subject to disciplinary action. 25 G. Protected Information. 1. Disclosure of Information by Employees. As provided in Minn. Stat . Sec. 181. 932, the City shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee' s compensation, terms, conditions, location, or privileges of employment because: (a) the employee, or a person acting on behalf of an employee, in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official; (b) the employee is requested by a public body or office to participate in an investigation, hearing, or inquiry; or (c) the employee refuses a supervisor' s order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the supervisor that the order is being refused for that reason. Notwithstanding the above, the City reserves the right to take action against an employee who makes statements or disclosures knowing that they are false or that they are in reckless disregard of the truth. 2 . Release of Protected Information. The release of private or protected information in violation of Minn. Stat . Chapter 13 may be cause for discipline. 3 . Personnel Files. Personnel files shall be maintained by the City Administrator or the City Administrator' s designee. The files are not available to the public except as provided by law. The City Administrator, City Attorney, and an employee' s department head are authorized to view an employee' s file at any time. Upon written request by an employee to the employee' s department head, the City shall provide the employee with an opportunity to review the employee' s personnel record, as provided by Minn. Stat. Sec. 181. 960 et seq. Unauthorized viewing, removal, alteration, or destruction of all or any part of an employee' s personnel file is prohibited. Each personnel file shall include a page noting changes made and dates of the changes. H. Safety. 26 1. In General. Employees must take proper precautions to prevent accidents and work safely. Employees shall follow safe practices and all safety regulations concerning their job. Injuries should be reported immediately to the employee' s supervisor. Any death or serious injury must be reported on the First Report of Injury form, which is available from the payroll clerk. The form is required each time an injury results in an employee being unable to work. Any employee who notices an unsafe condition is encouraged to immediately report it to the employee' s supervisor. 2 . Hazardous Substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in Minn. Stat . Sec. 182 . 65 to 182 . 675 shall be trained before being assigned or reassigned work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The City Administrator shall provide for such training and for compliance with the "Minnesota Employee Right to Know Act of 1983, " including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 3 . Accidents. An employee who has an accident while on City business or while operating a City vehicle, must take the following steps : (1) if the employee is qualified, assist any injured person. Otherwise, get assistance. (2) Call for an ambulance, if appropriate. (3) Call the Police Department if the accident involves a vehicle. (4) Obtain the names of witnesses to the accident . (5) Report the accident to the employee' s supervisor and file any necessary reports. 4. Traffic Tickets. An employee who regularly drives a City vehicle as a part of the employee' s job, and who receives a traffic ticket other than a parking ticket, must report the traffic ticket to the employee' s supervisor during the employee' s next work shift . This provision applies regardless of 27 whether the ticket is received during or outside of work hours. 28 VII. GRIEVANCES AND DISCIPLINE. A. Grievance Policy. 1. In General. It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur. 2 . Procedure. Employee grievances shall be handled through the procedures set forth below. a. Grievance Brought by Employee. An Whcn an employee shall bring a grievance comca to the attention of the employee' s supervisor. a oupervioory cmploycc, thc oupervisor shall discuso thc rcicvant circumotanccs with thc cmploycc, conoidcr and cxaminc thc causco of thc gricvancc, and attcmpt to rcoolvc it . b. Investigation. The supervisor shall discuss the relevant circumstances with the employee. The supervisor then may investigate the matters disclosed in or relevant to the grievance. An employee will not be required by the City to participate in an investigatory interview where the information gained from such interview could lead to discipline of the employee, unless the employee has been given the right to have a union representative or third party of the employee' s choice present at the interview. This third party has no right to interfere with or participate in the interview, but rather is present merely to act as a witness. c. Resolution. The supervisor shall consider and examine the causes of the grievance and any_ other related matters, and attempt to resolve the grievance within two weeks. The supervisor shall notify the employee of the resolution, and of the employee' s right to appeal the matter to the next higher administrative level. d. Appeal. If the grievance is not dealt with satisfactorily by the supervisor, the employee may appeal at the intcrvicw, the grievance may be curried up to the next higher administrative level, including thc City Council . The appeal shall be in writing, and delivered to the person in the next higher administrative position within five days after 29 the supervisor notifies the employee of the resolution of the grievance. The decision made by the person in the next higher administrative position on the appeal shall be final . If the grievance relates to sexual harassment, the procedure set forth in the sexual harassment section shall control . B. Disciplinary Policy. 1. In General. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. It is the policy of the City to administer disciplinary penalties without discrimination. All disciplinary actions short of dismissal shall be handled by the employee' s department head or the City Administrator. 2 . Temporary and Probationary Exempt Employees. The supervisor of a temporary or probationary an cxcmpt employee shall investigate any allegation regarding that the cxcmpt employee on which disciplinary action might be based before any disciplinary action is taken. Progressive discipline is not required for temporary and probationary cxcmpt employees, and cxcmpt employees may not be suspended without pay. The City Administrator may suspend an cxcmpt employee with pay. Subject to state law on veterans' preference, and subject to Minn. Stat . Sec. 181. 931 et seq. , a temporary or probationary an cxcmpt employee may be discharged from the City' s service by the City Council for any or no reason. 3 . All Other Nen—Exempt Employees. Every disciplinary action against an a non cxcmpt employee other than a temporary or probationary employee shall be for just cause, and the non cxcmpt employee may demand a hearing or use the grievance procedure above with respect to any disciplinary action which the employee believes is either unjust or disproportionate to the offense committed. The department head shall investigate any allegation regarding the a non cxcmpt employee on which disciplinary action might be based before any disciplinary action is taken. Discipline of non cxcmpt employees other than temporary and probationary employees will be based, where possible, on the nature and severity of the infraction and conditions surrounding the incident. 30 Discipline may include oral reprimand, written reprimand, suspension with or without pay, involuntary demotion, forced transfer to a comparable position, withholding a salary increase, decreasing the employee' s salary, and discharge. Provided, however, that exempt employees may be suspended with pay, but shall not be suspended without pay. 4. Just Cause. Just cause for discipline includes any and all failures to fulfill an a non cxcmpt employee' s duties and responsibilities. These include, and are not limited to, properly performing all job responsibilities set forth on the employee' s job description, complying with this Personnel Handbook, insubordination, actions or inactions which give the appearance of impropriety, and exhibiting a disregard for the need to maintain the public' s pride in the City and City government. 5. Disciplinary Action Steps for Nen—Exempt Employees Other than Temporary and Probationary Employees. Except for severe infractions, disciplinary action against an a non cxcmpt employee other than a temporary or probationary employee shall be progressive and shall follow the steps listed below in order: a. Oral Reprimand. The non cxcmpt employee' s department head may give the employee an oral reprimand for the first or a non-severe infraction. A written note may be placed in the employee' s personnel file indicating that an oral reprimand was given. b. Written Reprimand. A written reprimand shall state that the employee is being warned for misconduct; describe the misconduct; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The non cxcmpt employee' s department head shall give the employee a copy of the reprimand and the employee shall sign the original acknowledging that the employee has received the reprimand. The signature of the employee does not mean that the employee agrees with the reprimand. The reprimand shall be placed in the employee' s personnel file. c. Suspension or Other Disciplinary Action. In the sole discretion of the City Administrator, 31 disciplinary action regarding a non cxcmpt employee may be either suspension or one of these other actions. i. Suspension With or Without Pay. Depending on the seriousness of the allegations, the City Administrator may suspend a non-exempt employee either with or without pay. The City Administrator may suspend an exempt employee with pay. Prior to suspension or as soon thereafter as possible, the a non cxcmpt employee shall be notified in writing of the reason for the suspension, its length, and whether it is with or without pay. The notice also shall outline what further discipline the employee will face should the misconduct continue. An A non cxcmpt employee may be suspended pending investigation of an allegation. If the suspension was without pay and the investigation shows that the allegation of misconduct was partially or completely false, the employee shall be provided with back pay for a portion or all of the period of the suspension. A copy of each written statement regarding the suspension shall be placed in the employee' s personnel file. ii. Other Disciplinary Actions. An employee other than a temporary or probationary A non cxcmpt employee also may be disciplined through (1) involuntary demotion; (2) forced transfer to a comparable position, as determined by the City Administrator; (3) being placed on probation; (4) withholding a salary increase; or (5) decreasing the employee' s salary. A copy of each written statement regarding the disciplinary action shall be placed in the employee' s personnel file. d. Discharge. An employee other than a temporary_ or probationary A non cxcmpt employee may be discharged by the City Council only for just cause. The A non cxcmpt employee will be notified at the time of discharge of the employee' s right to make a written request for the City' s reasons for the discharge, pursuant to Minn. Stat . Sec. 181 . 931 et seq. 32 6. Hearing. In any case of discipline under (c) or (d) above, the non cxcmpt employee may appeal to the City Council, provided the request for an appeal must be submitted in writing to the City Clerk within 10 days following the disciplinary action. The action of the City Council will be final . In addition, no veteran shall be discharged except in accordance with Minn. Stat . Sec. 197 .46 et seq. 33 VIII. APPOINTMENTS. A. In General. New employees shall be selected by the City Council on the basis of their qualifications for the position. Vacancies shall be filled by qualified current employees whenever possible. Whenever a position is vacant or the position holder is absent, the City Administrator may designate an individual to temporarily fill a vacant position as "Acting" , except for the position of City Clerk, where the City Council must appoint a deputy clerk. B. Affirmative Action Policy. No person shall be employed, promoted, demoted, or discharged by the City or in any way favored or discriminated against because of political opinions or affiliations, race, color, creed, religion, national origin, sex, disability, marital status, sexual orientation, or status with regard to public assistance, or because of the exercise of rights under Minn. Stat . Sec. 179A. 01 to 179A.25 . No person who is over the age of 18 years shall be discriminated against with reference to City employment in any way forbidden by federal or state law. The City will seek to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: appointment, promotion, demotion, transfer, layoff, disciplinary action, discharge, compensation, and selection for training, including apprenticeship. C. Promotion. A department head may ask the City Council to allow the promotion of an employee from the employee' s current position to a similar, more responsible, position in the same department . If the employee' s experience and the needs of the City warrant the promotion, the City Council may abolish the current position, establish the more responsible position, and promote the employee into the more responsible position without following the procedures for filling vacant positions. D. Applications. All applicants for a position with the City of Shakopee are required to complete an application form. Any applicant giving false information or making false or misleading statements on the application shall not be considered for the position or will be subject to immediate discharge. E. Selection and Hiring. Current City employees are encouraged to better themselves. Therefore, the City Administrator may choose 34 to make a vacant position promotional and available first to current employees. Any qualified City employee may apply for the position by submitting a completed application to the City Administrator or the City Administrator' s designee. The department head may choose to recommend selection of such an employee, or may forward those applications to the Scott County Personnel Department to review and rank along with other applications. Applications for positions other than promotional positions and police department employees are handled through the Scott County Personnel Department . After review and ranking by that department, the highest ranking applicants shall be reviewed by City staff. The Police Civil Service Commission reviews applications for police department employees. The department head will recommend to the City Administrator a candidate and a salary to be offered. The selected candidate shall be offered the position subject to City Council approval and passing a pre-employment physical exam. As soon as practicable, the City Council shall approve or reject the selected candidate. F. Pre-emplovment Exams. All selected non-promotional candidates must take and pass a pre-employment physical exam, including drug or alcohol testing. The City also may require a promotional candidate to take and pass a pre-employment physical, including drug or alcohol testing. The City may require any candidate to take a psychological test . The City will pay for any required testing, as well as any required follow-up testing. In all respects the candidate shall be treated like an employee for purposes of the drug and alcohol testing, and shall be subject to the City' s Drug and Alcohol Policy, except as follows : 1. If a candidate refuses to undergo drug or alcohol testing, the candidate shall be deemed to have withdrawn the candidate' s application for employment . 2 . If the candidate undergoes the test and there is a positive test result in a confirmatory test and in any confirmatory retest, the City will withdraw the contingent offer of employment if the City determines in accord with the Minnesota Human Rights Act that alcohol or drug usage or abuse: (1) prevents the job applicant from performing the essential functions of the job in question; or (2) constitutes a direct threat to property or the 35 safety of others; or (3) otherwise interferes with a bona fide occupational qualification. G. Accrued Leave. At the time of hire, the City Council may grant a new employee up to 40 hours of accrued vacation leave, accrued sick leave, or both, calculated at one- half the rate given for time with the City, based on months of related employment with another employer. H. Probationary Employees. 1. Probationary Period. All employees shall be required to successfully complete a six month probationary period when they are first hired, promoted, transferred, re-employed, or reinstated to a position. This intensive review period shall be utilized for observing the employee' s work, for securing the most effective adjustment of the employee to a position, and for rejecting an employee whose performance does not meet the required work standards. 2 . Extension. The probationary period may be extended for an additional six (6) months at the City Administrator' s discretion. 3 . Discharge. The City Council may discharge an employee at any time during the probationary period if, in the City Council' s opinion, the employee is unable or unwilling to perform the duties of the position satisfactorily or that the employee' s habits and dependability do not merit continuance in the position. An A non cxcmpt employee so discharged shall be notified in writing of the reasons for the discharge and shall not have the right to appeal unless the employee is a veteran, in which case the statutory procedure shall be followed. A regular employee undergoing probation after being promoted or transferred, who is discharged during the probationary period, may be reinstated in the employee' s previous position if that position has not been filled and if, in the City Council' s opinion, the employee would be able to satisfactorily perform the duties of that position. An employee undergoing probation after being first hired or re-employed, who is discharged during the probationary period, will not receive payment for accrued vacation or sick leave upon discharge. 4. Completion. Shortly before the expiration of the probationary period, the department head shall 36 notify the City Council in writing whether or not the services of the employee have been satisfactory and recommend that the employee be either retained or discharged, or the probationary period extended. I. Temporary Employees. The City may hire temporary employees for seasonal work or for a special project . Temporary employees do not have the protection granted regular non cxcmpt employees in this handbook, and may be discharged at will . The employment process for seasonal and temporary employees follows the same procedures as for regular employees except as follows: Previous temporary employees, upon recommendation by the department head, may be rehired within two years without use of an open application process. The City Administrator or the City Administrator' s designee may notify those individuals by letter, informing them of current seasonal positions available and offering them first chance for filling those positions. If they do not respond by the designated deadline, the remaining vacancies shall be filled by new applicants. City Council action is not required for temporary positions. J. Family Conflicts. No person shall be appointed, promoted, or transferred to a position where that person would be working on a daily basis with, supervising, or receiving supervision from that person' s spouse, any person permanently residing with the employee, a child, parent, sibling, grandparent, or grandchild of either the employee or of the employee' s spouse. This paragraph does not apply to part-time or temporary employees. 37 IX. SEPARATION. A. Duration of Employment. Subject to state law on veterans' preference, Minn. Stat . Sec. 181. 931 to 181. 935, and any applicable labor agreement, the City may discharge or separate a temporary or probationary aft cxcmpt employee from employment at any time for any or no reason. Other A non cxcmpt employees may be discharged as a disciplinary action, or as set forth below. B. Resignation. 1. Procedure. Any City employee wishing to leave the City' s service in good standing shall file with the City Administrator, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure shall be cause for denying such employee future employment with the City and denying severance benefits. 2 . Unauthorized Absence. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the City Administrator as a resignation, and the employee shall not be entitled to severance benefits. C. Retirement. No City employee shall be required to retire at any specific age. D. Severance Pay. Any regular employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all accrued and unused vacation leave and compensatory time, plus an amount equal to one-third forty fivc perccnt of the value of accrued and unused sick leave up to a maximum of 960 hours. E. Lay-offs. 1. Procedure. After at least two weeks notice to the employee, the City Council may lay off any regular employee when a position is not currently needed but is anticipated to be filled again within one year. No regular employee shall be laid off while there is a temporary employee serving in the same position for which the regular employee is qualified, eligible, and available. 2 . Benefits. No benefits or leaves shall accrue or may be used (except insurance) while the employee 38 is laid off. A laid off employee may continue the employee' s insurance coverage by paying the employer' s share of benefits as well as the employee' s share to the City in advance by the 5th of each month for each full or partial month during which the employee is laid off. The City Administrator shall authorize a laid off employee to be paid for vacation or compensatory time, if requested by the employee. 3 . Return to Work. A laid off employee must keep the City informed of the address and telephone number where the employee can be contacted. If the City is unable to contact the employee within seven (7) calendar days, the City' s obligation to reinstate the employee shall cease and the employee shall be separated from City employment by the City Council . The employee shall be entitled to receive severance benefits . 4. Termination of Position. If the position is not filled again within one year, the position shall be terminated automatically and the employee shall be entitled to receive severance benefits. F. Discharge as Discipline. An employee may be discharged as a part of disciplinary action taken against the employee. Severance pay (other than compensatory time) will not be granted to employees discharged as a part of the disciplinary action. 39 RECEIPT OF PERSONNEL HANDBOOK I, the undersigned employee of the City of Shakopee, hereby acknowledge that I have received a copy of the Personnel Handbook for Employees of the City of Shakopee. I agree to follow the policies set forth in it, and all amended and additional policies. I have read and understand this page, and all my questions about this information have been answered. Date Signature Printed Name [16MEMO] PARAGON / 3 CA BLE MINNESOT A March 16, 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 the discontinuation of the WCCO Weather Channel. Effective March 31, 1995, the WCCO Weather Channel will no longer be available to Paragon Cable. The reason given for discontinuing the channel is that WCCO was unable to secure long-term carriage agreements with the cable operators in the metro area. Paragon Cable received this letter too late to communicate to our customers that the WCCO Weather Channel was being discontinued within our normal 30 day notice practices. Paragon will notify our customers by inserting notices in customers' cable bills beginning immediately. I have enclosed a copy of a letter sent to Paragon by Mr. John Culliton, Vice President and General Manager of WCCO-TV. If you have any questions or concerns, please contact me at 287-3659. Sincerely, Ck/ak,- Arlen Mattern Community Relations Coordinator Attachment 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporated company \\ ,( ► - l1 Dear Wayne , February 28, 1995 Effective March 31 , 1995 , the WCCO Weather Channel will discontinue service. WCCO's position regarding discontinuance of the WCCO Weather Channel will be as follows: "WCCO was unable to secure long-term carriage agreementswith all of the cable operators in the Twin Cities market for the WCCO Weather Channel and thus, was unable to continue providing the service. In the past year, certain systems have discontinued carrying the Weather Channel . WCCO regrets this decision. It is hopeful that in the future, WCCO will be able to develop quality local programming in association with the metro cable operators. " We appreciate your recently taking the opportunity to talk about the Weather Channel and other issues related to the provision of local programming on your system. Know that we continue to be interested in developing new programming ideas with each of you. If you should, at any time, have an idea that you think is worth pursuing on your behalf as well as ours , please do not hesitate to contact us. Again, thank you for your cooperation in this matter. Sincerely, °L.4.-6Z lS MEMO TO: Dennis R Kraft, City Administrator FROM: David M. Nummer, Staff Engineer PM SUBJECT: Savage Alternative Water Source Study DATE: March 21, 1995 NON-AGENDA INFORMATIONAL ITEM: During the last two meetings of the Alternative Water Source Task Force, several new issues have arisen which staff feels the City Council should be made aware of. Recent trial runs of the ground water model in Eastern Shakopee and Prior Lake have on a preliminary basis indicated that future Shakopee wells may have an impaction the Savage fen. The two main issues which affect Shakopee are the ability of the buried bedrock valley to transmit ground water, and the pending decision from the Department of Natural Resources (DNR) as to the "allowable" head loss at the Savage fen from future well construction and development. Buried Bed Rock Valley When the Savage AUAR and Fen Management Plan were made available for public review and comment, there was alot of discussion about a buried bedrock valley running generally along the County Road 18 corridor through Shakopee. This bedrock valley was thought to isolate the Jordan Aquifer in Shakopee from the portion of the Jordan which supplies ground water to the Savage fen. Recent results from the ground water model indicate that the bedrock valley actually allows more ground water flow than was previously believed. Attached is a cross section showing the geology between the Cities of Jordan and Savage, which includes Shakopee. The bedrock valley is represented by the depression between County Road 17 and Trunk Highway 13. The lower portion of the valley which is labeled valley fill is mostly impervious and generally isolates the two sides of the Jordan aquifer. The material overlying the valley fill which is labeled sand and gravel has very high permeability, and tends to transmit ground water readily. What the model is showing us now is that ground water from the Jordan Aquifer can be transmitted to the Prairie Chien Aquifer(remember these aquifers are not separated hydraulically), pass through the sand and gravel in the bedrock valley, then re-enter the Jordan Aquifer on the other side. These preliminary findings seem to indicate that Shakopee may be in a similar situation that Savage, Prior Lake, and Burnsville are already in, trying to find a water supply source that does not adversely impact the Savage fen. The extent that the fen affects Shakopee's ability to appropriate ground water is an issue that is currently being discussed by the DNR. This issue revolves around what the allowable head loss at the Savage fen will be. ALLOWABLE HEAD LOSS AT THE FEN The amount of head loss(or lowering of the ground water table) that is deemed allowable by the DNR could have far reaching impacts. This topic has been discussed by the AUAR Dispute Resolution Committee, at which DNR representatives have indicated several different positions. Currently, some DNR divisions are indicating that some head loss might be acceptable, while others are pushing for no head loss, and even restoring the ground water level, that was historically higher than it is today. This issue is currently being discussed internally by DNR staff and a decision is expected in the next few months. The implications for the City of Shakopee can vary greatly depending on the allowable head loss determination by the DNR. If zero head loss is deemed acceptable, Shakopee would most likely be prohibited from drilling any future wells in the Jordan Aquifer, since the ground water mode indicates that wells on the west side (Shakopee side) of the bedrock valley have an impact on the fen. Depending on how literally "zero" is interpreted, there would be no new wells (private or public) drilled in the Jordan Aquifer from the Minnesota River south to the head waters of the Vermillion River, as these wells would have some incremental affect on the fen. WHERE DO WE GO FROM HERE? The Water Source Task Force has requested the DNR to make a decision as to the allowable head loss at the fen. This will give us an idea who is affected, and to what extent. The focus of the Task Force has changed slightly to adapt to these changes. The new proposal from Savage's consultant (Barr Engineering) is to generate a map showing relative impacts on the fen of various sized wells. This type of map will allow each City to determine what the impact of a proposed well will be on the fen. The map will generally consists of a series of circles centered on the fen, each with a different impact "value" associated with it. These circles will show that the farther from the fen you are, the less impact a particular well will have. This type of map will be useful regardless of the DNR decision on the allowable head loss. If, for example, the DNR determines 0.5 feet of head loss as acceptable, the communities surrounding the Savage fen will be able to construct wells until the cumulative impact on the fen is 0.5 feet. The number of wells and distance from the fen all play into the cumulative head loss at the fen. At such time that the allowable head loss has been "used up" or if the DNR determines that no head loss at the fen is acceptable, the communities surrounding the fen will have to work together to meet their water supply demands. As an example, closing down a well near the fen which as an impact of 1.0 foot would allow for drilling four new wells farther away from the fen if each well has an impact of 0.25 feet. In this way, the total water available for municipal water supply is quadrupled, while the net impact on the fen remains zero. This is one possible scenario for supplying the Cities with water. There are still other potential water sources that are being investigate such as the Minnesota River and deeper aquifers. In the next few weeks, the City of Savage will be conducting tests on the Franconian Aquifer(the one between the Jordan and the Mt. Simon) to see if their water supply needs can be met. This aquifer has historically been very "hit and miss", but still bears investigation. Another possible water source is the Mt. Simon Aquifer. This aquifer is currently being held in reserve by DNR to meet future emergency needs. A question that has been asked by the Task Force is which is more important, the fen or the Mt. Simon Aquifer? This issue may come to a head depending on the DNR decision on allowable head loss. Staff will continue to attend the Task Force meetings and report back any findings to the City Council. DMN/pmp WATER torn O (;eed) uo.;ena13 •C.) O O0 n M m 07 4o o O C . CO 0 CO LL1-,:G.-..:5•;* c M .°m `o = i. -.=adrg, LL I. ..p12 !" C q C c- i'Iltilit.i,Ai xro LL I!! a UU 1 N UOV kII W u. ill 0 Ln 0. w11,I Ce 0 a cL t� 60. 10 ado::.,-.....,...44.4 �O � C i3m a<i 2 , \ v �.3« M z tea\ � o _ ,z C 03 L ��, O80 11111 O O O Oc O 0 e- Q! 1� {!f M r` (11111) - e- - - - (I001) uol;ene13 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota March 9, 1995 MEMBERS PRESENT: Mars, Joos, Madigan, Bladow, Link, DuBois(arrived late), Christensen (arrived late). MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Terrie A. Thurmer, Assistant City Planner Dave Nummer, Staff Engineer Bruce Loney, Public Works Director I. ROLL CALL Chrmn. Mars called the meeting to order at 7:03 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF FEBRUARY 9, 1995 MEETING MINUTES Page 2, Paragraph 3 was amended to read "Comm. Joos" rather than "Chrmn. Joos". The minutes were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS Recognize anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES . The City Planner provided a brief introduction to this request, and stated that staff recommends continuing this matter until the April meeting as there are some differences in the depth of the mining operations identified in the amendment. Staff feels it is necessary to review the end-use plan to review the depths as to how future development would occur. John Voss, City Planning Consultant, Urban Planning& Design, Apple Valley, approached the podium. Mr. Voss explained that the proposal is to amend the existing plan referred to as the Merilla Plan, to go to a deeper depth. Kirsten Rojina, Geologist & Civil Engineer, Sunde Engineering, Bloomington, MN, approached the podium. Ms. Rojina explained what is being proposed at the site. She explained that the proposal is to allow Fischer Aggregates to mine to a depth of 40 feet and to increase the land area from 131-136 acres which would allow the operation to be conducted more efficiently. Minutes of the Shakopee Page- 2 Board of Adjustment and Appeals March 9, 1995 She explained that the operation would be divided into 5 phases. In each phase, the mined material would be placed on a conveyor belt and sent to the central operations processing area where it would be crushed,washed if necessary, and loaded or stockpiled. Land not actively being excavated would continue to be used for agricultural purposes. After each phase the land would be restored for agricultural purposes. Noise and dust from the site would be minimized by eight to ten feet high berms. Conveyors would be used to move the sand and gravel from the excavation area which would reduce the truck traffic on site, reducing noise and dust impacts. Sedimentation on the site will be managed by limiting soil exposure through vegetative covers and ponds where necessary. In answer to Chrmn. Mar's question about the expected life of the operation, Ms. Rojina stated "20 years, based on the mining volume and increased depths". In response to Comm. Link's question as to whether Fischer Aggregates was surprised to discover a better quality of material at a deeper level, the answer was "No". Initially the material was not looked at in terms of making ready mix. Comm. Christensen questioned the intended use of the material. Ms. Rojina replied that the initial intent was related to Canterbury Downs. That according to the Minutes of a meeting held in 1983, the first priority was for fill material for the construction of Canterbury Downs. John Voss suggested drafting a resolution that is consistent with the new,ordinance and with the plan. Mr. Ekola stated that staff has not prepared a new Resolution for the Board's consideration and feels that there are additional evaluations necessary before moving ahead. Comm. Christensen questioned the safety of homes built on previously mined land and the visual effect of a 40' slope with houses built around it. Ms. Rojina stated that this material is granular in nature which provides an excellent base for building. Prior to building after mining, the fill must be compacted to certain specifications. Soil testing would also be required. In response to the visibility of a 40' slope, Ms. Rojina stated that a 40' slope is natural and pointed out that to the north the slope is greater and to the south there is a 100' slope. Comm. DuBois asked what criteria the City Council uses to determine that an EIS is not Minutes of the Shakopee Page- 3 Board of Adjustment and Appeals March 9, 1995 required. Ms. Rojina stated that they look at the information that was provided and determine if there is a significant potential for environmental impacts. Mr. Ekola explained that Environmental Assessment Worksheets are part of the State regulated Environmental Review procedures. The intent of the process is to provide information about potential environmental impacts from a project, and then to provide potential ways to mitigate. In response to Comm. Bladow's question as to who is currently running the mine. Ms. Rojina stated "Fischer Aggregates". In response to Comm. Bladow's question regarding the affect of the surrounding area on the water table,Ms. Rojina stated that the depth of the mining would not affect the re-charge of the water table. As far as contamination, the mining process does not introduce any contaminants. The material must be kept clean or it will fail certain tests once made into ready mix. Comm. Joos expressed concern over the increase in cubic yards of material and the increase in the depth. He stated that a closer look at the increased truck traffic is necessary. Jim Benchou, Benchou & Associates, Traffic Engineer, approached the podium. Mr. Benchou explained the difference in truck traffic for sand and gravel and for ready mix. He explained that there would be 130 trips per day just for the gravel operations which would be approximately 1.4% of the total existing volume of traffic. For the gravel and ready mix operations there would be 160 trips per day with 1.7%of the total existing volume of traffic. The trucks would be belly dumps or dump trucks. Comm. Bladow asked to what the access in feet was off of CR 83. Mr. Benchou stated that 150 feet is recommended. Ed Borgen, 1447 Tyrone Drive, approached the podium. Mr. Borgen asked if there was a cone of depletion that shows how the water table would be affected. He also stated that over the years restrictions have increased on the number of acres to be restored before moving on to another area. Mr. Ekola stated that important information was provided and notes taken, that staff would bring this information back to the Board. Minutes of the Shakopee Page- 4 Board of Adjustment and Appeals March 9, 1995 Harold Snyder, 3300 Valley View Road, approached the podium. Mr. Snyder stated his objection to the intent to operate until 7:00 p.m. Beverly Koehnen, 2036 Canterbury Rd., approached the podium. Ms. Koehnen requested that the Board look into item #2, the request to relocate the pipe line, and asked where it would go. She also requested that the permit to take out 6,299 cubic yards be the lower number. She then stated violations of the present resolution by going to 50 feet, and a change of hours violation. She asked the Board to get police reports in relation to operating outside of the allowed hours. Ms. Koehnen stated that she had kept a record of the truck traffic which is approximately every two minutes for a full truck and one minute for empty trucks. She asked the Board to check with a hydrologist for water data in this area and asked to be heard again at the next round. Larry Freeman, 1455 Sharon Parkway, approached the podium. Mr. Freeman stated his concern with replenishing well water and whether the water would be reclaimed or go down a drainage ditch. He stated that there are currently problems on CR 16 and CR 83. Mr. Freeman asked if the City would have to re-do the culverts. Comm. Bladow stated his concern for safety. He had been on the site and there was a 12'to 19'berm. He is concerned about snowmobiles, etc. in the area and stated that fencing would be a very good idea. Mr. Ekola stated that the previous operator is permanently responsible for the depth of the existing mine and the condition it is currently in. Motion: Comm. Joos/DuBois moved to continue the public hearing until April 6, 1995. Vote: Motion carried unanimously. VI. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FROM JAMES DEVELOPMENT FIRM TO PLACE TWO BUILDINGS ON ONE PARCEL, AND TO BUILD THE PROPOSED STRUCTURES THREE STORIES IN HEIGHT WITHIN THE PROPOSED ARLINGTON RIDGE DEVELOPMENT TO BE LOCATED AT THE WEST END OF THE EXISTING 13TH AVENUE. The Assistant City Planner stated that James Development has submitted an application for a Conditional Use Permit to construct six structures three stories in height, and to construct two structures on each of the three lots within the proposed Arlington Ridge subdivision. Minutes of the Shakopee Page- 5 Board of Adjustment and Appeals March 9, 1995 She stated that Section 11.34,Subd. 3,requires a Conditional Use permit within the R-3 Zone for "Structures over 21/2 stories or 35 feet in height". The applicant is proposing to construct the six structures at only 30 feet in height. However, they will be three stories tall. Therefore, a Conditional Use Permit is required. Section 11.81, Subd. 5 requires that "Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use penult."The applicant is proposing to plat three lots, and each lot would contain two principle structures. She added that the proposal is consistent with the Comprehensive Plan. The area is designated for Multiple Family Residential uses in the draft 1995 Comprehensive Plan. She stated that staff recommends the approval of the Conditional Use Permit, subject to the 2 conditions discussed in the staff report. Comm. Madigan excused herself from the Board in order to provide public testimony. Chrmn. Mars asked if the permitted and conditional uses for this property have been in place for 15 years without any significant changes. The Assistant Planner answered in the affirmative. Mark Anderson, RCM Associates, Minnetonka, approached the podium. Mr. Anderson explained that the height had been reduced from 35 feet to 30 feet, that there will be outside lighting for security reasons with directional lighting toward adjacent buildings. He explained that there would be two buildings per lot so that any one owner would own two buildings; limiting ownership to three, rather than six different property owners. The buildings were planned for three stories for economic reasons and to keep the rents low and make the property marketable. Comm. Bladow asked why three properties were proposed. Ralph Schmitz, developer/builder of the project, approached the podium. Mr. Schmitz stated that he is the owner of the three separate parcels. The first parcel is to be built upon this year and the next two phases would be completed over a three year period. Comm. Christensen asked what the total number of units to be constructed would be. Mr. Schmitz explained that there would be three separate lots, with two buildings on each lot, for a total of 144 residential units. Comm. Christensen stated that she would like to know the density of the Shakopee East Apartments. Minutes of the Shakopee Page- 6 Board of Adjustment and Appeals March 9, 1995 Comm. DuBois asked what the size of the units would be. Mr. Schmitz stated that the two bedroom units would range from 850 to 900 square feet in area, and that the three bedroom units would range from 1150 to 1200 square feet in area. The single bedroom units and the handicapped units will be approximately 600 square feet in area. Comm. Christensen stated that there would be 24 families in each unit and asked what type of recreation will be provided for the children. Mr. Schmitz stated that there will be approximately 1600 to 2000 square feet of play area on each site(with no roads to cross) where there will be swing sets and BBQ grills. Comm. DuBois stated her concern for traffic problems with occupants exiting the units with 12th Avenue ending at the mall, 13th Avenue being a cul-de-sac, and Vierling Dr. not being a through street at this point. Mr. Anderson explained that there is excellent access at two points with the proposed extension of Taylor Street being tied into Vierling Dr. The proposed improvements are scheduled for 1996. Comm. DuBois asked the proposed width of Taylor Street. The Staff Engineer stated the proposed width was to be 36 feet. Comm. Bladow asked what the anticipated ADT count would be. Mr. Anderson explained that there would be approximately 500 total trips a day from the units with a total of 1000 vehicles within a 24 hour period. Chrmn. Mars recessed the meeting for a short break. Chrmn. Mars re-convened at 9:06. Gene Steinhouse, 2003 13th Avenue, approached the podium. He stated his concern about the extra traffic and turning around as Polk Street narrows. He explained that there are already townhouses there with parking allowed on both sides of the street. Mr.Nummer stated that there are no proposed improvements to the portion of 13th Avenue located east of the property. Minutes of the Shakopee Page- 7 Board of Adjustment and Appeals March 9, 1995 Comm. Joos asked if there were any plans for future street development to alleviate ADT problems. Mr. Nummer stated there might possibly be, south of the homes on 13th Avenue. Mr. Ekola placed the area plan drawing on the podium to identify the Vierling Dr. alignment. Mr. Anderson explained the Vierling Drive and Taylor Street design, stating that there is adequate capacity for this planned land use. Mr. Schmitz explained that 90%of any problems with these sites are management based. He stated that he owns other similar properties and that they are well run and comply with City codes. The typical complaint with a two bedroom is that the occupants are not always families. However, all tenants are screened and economic and criminal checks are performed. Comm. DuBois asked about rental rates and the proposed garages. Mr. Schmitz explained that a one bedroom unit would rent for$425.00, a two bedroom unit for $465.00, and a three bedroom unit for $330.00 to $500.00 per month. There would be 12 garages per 24 units. Mr. Ekola explained the procedure the City uses for Land Use Planning. He explained that transitioning and roadways are tied into the transportation system and stated that there are four different access points proposed to distribute traffic. Ken Olson, 2056 13th Avenue, approached the podium. He stated his concern for the collector ponds backing up into the Association commons area. He also stated his concern about the traffic and that the burden of improvements on 13th Avenue would be assessed to all the owners. The Staff Engineer explained that 13th Avenue is 36 feet wide and in order to expand it to a four lane roadway, a 50 foot wide road would be needed and staff is not recommending the acquisition of additional right-of-way. He anticipated that the extension of Taylor Street to Vierling Drive would be constructed next year under one project. He stated that the ponds are developed for a 100 year storm design and that they meet all the requirements for storm water ponding areas. Sandra McNillis, 1222 Polk St., approached the podium. She stated that the handout regarding runoff didn't appear to be objective. Mr. Nummer explained that 4 cubic feet per second can leave this site, and that the runoff rate Minutes of the Shakopee Page- 8 Board of Adjustment and Appeals March 9, 1995 allowed is 1/3 cubic feet of runoff per second/per acre. Ms. McNillis expressed her concern for noise that would be generated from 144 families, each with approximately 2 children and stated that there is not enough play area. Also, with the rent at $425.00, more families with children would find it more affordable. She then stated that a two story building would require less parking and listed vandalism and garbage concerns, stating that there would be more police calls and that people would not feel safe in this area. She would like to see a park constructed. Gayle Madigan, 2064 13th Avenue, approached the podium. She stated that it is not necessary to construct the buildings three stories high, that two buildings per lot is also not necessary and that ownership is more of a concern than the money issue. Chrmn. Mars asked if it was true that single family homes that are built within the adjacent areas are allowed to be constructed up to 35 feet in height. Ms. Thurmer answered in the affirmative, and added that this proposal would be to build the structures only 30 feet in height. Comm. Christensen stated that if the buildings are only 30 feet high and three stories it would be too cramped. Comm. DuBois asked what the standard code for ceilings is. Mr. Schmitz stated the standard ceiling height to be 8 feet in 95% of all units. Barbara Stordahl, 2058 13th Avenue, approached the podium. She stated her concerns over the size of the units, the rent based on the size of the unit, the type of renters that would be drawn to the area, parking issues for renters with a second car, the possibility of unappealing cars that people with lower incomes might have, and the possibility that it would downgrade the neighborhood and property values. Motion: Comm. Joos/Bladow moved to close the public hearing. Vote: Motion carried unanimously. Comm. Christensen stated she that although affordable housing should be provided she was not comfortable with 144 multi-family units in an area where there already exists multi-family housing with very little land for recreation and expressed concern that the children would hang out in the mall. Motion: Comm. Joos/Link offered a motion to adopt Resolution PC-715, A Resolution Minutes of the Shakopee Page- 9 Board of Adjustment and Appeals March 9, 1995 Approving an Application for a Conditional Use Permit to James Development Firm, subject to the following conditions: 1. Each lot shall remain under the ownership of one individual, partnership, or corporation; and the ownership of each of the two structures upon each lot shall remain under the ownership of same to ensure that each of the two structures upon each lot are owned, maintained, and operated under unified control. 2. The applicant shall install a minimum of 318 trees and shrubs on the three lots in accordance with the Landscaping Plan submitted by the applicant. Comm. DuBois stated that she objected to too many people living in such a small space but that she would support the proposal if it were reduced to a 96 unit, 2 story building. She stated that her concern is where the children would play and whether there was an elevator for the handicapped. Mr. Schmitz stated that there was no elevator but that all units on the 1st floor meet all handicapped requirements. Comm. Joos stated that vandalism is a Police issue and not a Planning issue. He also stated that the diversity of housing in Shakopee is what makes Shakopee a good place to live. Comm. DuBois stated her support for affordable housing. However, density is her concern. Comm. Christensen stated that the issues brought up regarding the "type of people that would be drawn" and the "type of housing" are separate issues. The issue is that when there is little or no recreation provided, it invites trouble. Chrmn. Mars stated that if this is a "low income thing" we are prejudiced and Met Council mandates to provide all types of housing. He explained that the safety issue is a police issue and that the applicant meets the criteria for density. Vote: The Conditional Use Permit passes 4-2 with Bladow, Joos, Mars and Link voting in favor. Christensen and DuBois dissenting. Chrmn. Mars stated that there is an appeal process which allows the petitioner to appear before the City Council. Comm. Christensen stated her concern over comments by Chrmn. Mars about the "type of people", explaining that she does not feel it is humane for anyone and wanted to register her Minutes of the Shakopee Page- 10 Board of Adjustment and Appeals March 9, 1995 objection to his comments. VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR CLASSIC PLUS, INC. TO DO CLASSIC AUTO RESTORATION, LOCATED AT 1511 A & B CO. RD. 18 IN THE I-1 (LIGHT INDUSTRIAL) ZONE. The Assistant City Planner provided a brief introduction to this request. She stated that the applicant is requesting a Conditional Use Permit to conduct classic automobile restoration at the site. The restoration of classic automobile restoration projects can take up to one year or more to complete, and they employ only three, full time employees, so they anticipate very little traffic at the site. She added that staff is recommending approval of the request , subject to the 7 conditions discussed in the staff memo. Ken Bahl, President Classic Plus, 10483 165th St. W, Lakeville, approached the podium. Mr. Bahl stated that he had a hazardous waste license with him and that there were no violations against him. He explained that he would be putting in a paint booth and that he does complete restorations and gets vehicles from all over the country. Motion: Comm. Christensen moved to close the public hearing. Motion: Comm. DuBoisBladow offered Resolution No. PC-714, A Resolution Approving a Conditional Use Permit for Classic Plus, Inc. Mr. Ekola read the recommended conditions into the record for clarification purposes. He stated the following: 1. All existing floor drains shall be disconnected from the septic system. 2. All floor drain waste water shall be plumbed into a sealed holding tank. 3. The property owner shall submit by June 1 of each year a report which includes the results of an inspection of the septic system by a certified inspector, a cost estimate for the next year's inspection, and a financial guarantee necessary to cover the costs of the next inspection. If remedial actions are necessary, the property owner shall have 60 day to make the necessary corrections to repair or replace the system as required by the Building Department. 4. All oil, solvent and other hazardous waste must be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 5. The address of the site shall be listed as 1513 County Road 18. 6. The applicant shall not store any vehicles which are unlicensed and inoperable for more than seven days, except in appropriately designed and screened storage areas. 7. The City Administrator has the authority to require the Board of Adjustment and Minutes of the Shakopee Page- 11 Board of Adjustment and Appeals March 9, 1995 Appeals to review the permit if complaints are received. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO REVIEW THE APPLICATION FROM JOHN AND JUDY MCGOVERN FOR VARIANCE TO THE 30 FOOT FRONT YARD SETBACK REQUIREMENT AT 1008 S.MARKET STREET AND LOCATED WITHIN THE R- 1B ZONE. The Assistant City Planner stated that the applicants are requesting a 9' variance to the 30' front yard setback requirement in the Urban Residential Zone in order to construct a porch on the front of their home. This setback regulation was adopted in 1952 for all residential zones, and was carried over into the current Urban Residential (R-1B) Zone. She added that staff is of the opinion that the variance request does not meet the 4 criteria required for the granting of a variance. Based upon information submitted by the applicant, there is approximately 2,500 square feet of developable yard space between the west wall of the house and the 30 foot rear yard setback line. Therefore, alternatives do exist for constructing a porch in the rear yard and within the required setbacks. She stated that City staff is recommending the denial of the 9 foot variance because the criteria for granting variances cannot be satisfied. Chrmn. Mars stated that the house is shaped today the way it was in 1957 and when the applicant purchased it. There is a 4 foot overhang and he would like to expand it to an 8 foot overhang. John McGovern, 1008 S. Market St., approached the podium. He stated that by definition the overhang is a porch. He explained that he wants to update the front of the house and the size of the overhang does not fit the size of the house. Motion: Comm. Bladow/Link moved to close the public hearing. Vote: Motion carried unanimously. Comm. DuBois stated that part of the house is in conformity and part is not. Motion: Comm. DuBois/Link offered Variance Resolution No. PC-712, A Resolution Approving the Variance, subject to the following conditions: 1. All existing floor drains shall be disconnected from the septic system. 2. All floor drain waste water shall be plumbed into a sealed holding tank. 3. The property owner shall submit by June 1 of each year a report which Minutes of the Shakopee Page- 12 Board of Adjustment and Appeals March 9, 1995 includes the results of an inspection of the septic system by a certified inspector, a cost estimate for the next year's inspection, and a financial guarantee necessary to cover the costs of the next inspection. If remedial actions are necessary, the property owner shall have 60 day to make the necessary corrections to repair or replace the system as required by the Building Department. 4. All oil, solvent and other hazardous waste must be managed in accordance with the Scott County Hazardous Waste Management Ordinance. 5. The address of the site shall be listed as 1513 County Road 18. 6. The applicant shall not store any vehicles which are unlicensed and inoperable for more than seven days, except in appropriately designed and screened storage areas. 7. The City Administrator has the authority to require the Board of Adjustment and Appeals to review the permit if complaints are received. Comm. Joos stated that if anything is outside of the criteria, the variance ordinance needs to be reviewed so as not to set president. Vote: The variance was approved by a 4 to 3 vote, with Comm. Christensen, DuBois, and Bladow opposed. VII. ANNUAL REVIEW: SH1ELY CO.-RESOLUTION NO. 375 - CONDITIONAL USE PERMIT AND MINERAL EXTRACTION AND LAND REHABILITATION PERMIT. The Assistant City Planner stated that in 1985, the Shakopee Planning Commission issued Conditional Use Permit No. 375 to the Shiely Company. One of the conditions of the permit requires an annual review by the Planning Commission. City staff inspected the facility on February 27th. Although the mine is not in operation at this time of the year, staff found the operation to be in compliance with the conditions of the permit. However, staff is of the opinion that many of the conditions are out of date. Since the applicant is proposing an amendment to the permit in the near future, amendments to the conditions should be made at that time. She added that one of staffs more immediate concerns is the depth of the mine. The 1985 Operations Plan identified that mining operations would occur to a depth of 685 feet. The water on the quarry floor is currently about 40 feet deep, so the depth of the mine cannot be verified at this time. Staff is recommending approval of the annual review, subject to the verification of the depth of the mine by survey once the pit is de-watered and mining resumes Minutes of the Shakopee Page- 13 Board of Adjustment and Appeals March 9, 1995 this spring. Comm.Madigan suggested changing the review time to during the operating time of the year. Comm. Joos asked if they were in compliance with the current CUP. Mark Suel, 481 Warwick#4, St. Paul, approached the podium. He stated that there were no deviations and that a"laundry list" regarding amendment requests would be available later in the summer. Comm. Mars asked if they were in compliance. Mr. Suel replied, "Yes, we are". Comm. Madigan stated that inspections for compliance should take place when the mine is operating. She stated her concern with Shiely's pumping of water. Mr. Suel explained that the permit allows for 2.75 million gallons to be pumped and they are 2.9% in compliance. He stated that they are also in the midst of an Environmental Assessment Worksheet (EAW). Mr. Nummer stated that he had attended a regular meeting of the task force regarding the Savage water issues. He will be monitoring this and updating the Board as needed. Motion: Joos/Christensen moved to approve the annual review. Vote: Motion carried unanimously. Mr. Ekola requested clarification for the variance for the reasons for the 4 to 3 vote and the reason for the approval for the variance. He taken notes and read into the record that the variance was approved for the following reasons: 1) The shape of the parcel is unique to the area; 2) One half of the proposed structure conformed to the requirements of the Zoning Ordinance; 3) The structure was not enclosed, and 4) It fit into the setback of other structures within the neighborhood. Comm. DuBois stated that it was the preponderance of all 4 items that she placed her vote. Chrmn. Mars recessed to the Planning Commission for elections at 11:10 p.m. Chrmn. Mars re-convened the meeting at 11:15 p.m. Minutes of the Shakopee Page- 14 Board of Adjustment and Appeals March 9, 1995 VIII. OTHER BUSINESS A. Election of Officers. Mr. Ekola opened nominations for the Board Of Adjustments and Appeals Chairman. Joos/DuBois nominated Bill Mars for Chairman. Bill Mars accepted the nomination. Mr. Ekola closed the nominations for Chairman. Vote: The nomination was approved unanimously. Bill Mars was elected as the Chair of the Board of Adjustment and Appeals. Mr. Ekola opened nominations for Vice-Chairman of the Board of Adjustments and Appeals. Joos/DuBois nominated Gayle Madigan for Vice-Chairman. Gayle Madigan accepted the nomination. Mr. Ekola closed nominations for Vice-Chairman Vote: The nomination was approved unanimously. Gayle Madigan was elected the Vice- Chair of the Board Of Adjustments and Appeals. Mr. Ekola opened nominations for 2nd Vice-Chairman. Christensen/Mars nominated Jane DuBois for 2nd Vice-Chair. Jane DuBois accepted the nomination. Mr. Ekola closed the nominations for 2nd Vice-Chair. Vote: The nomination was approved unanimously. Jane DuBois was elected the 2nd Vice Chair. IX. ADJOURNMENT Chrmn. Mars adjourned the meeting at * p.m. TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA ADJ.REG. SESSION MARCH 21, 1995 Chair Michael Beard presiding 1] Roll Call at 7 : 00 P.M. 2] Future Tax Increment Financing Revenue 3] Other Business 4] Adjourn Dennis R. Kraft Executive Director TO: Dennis R. Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: Future TIF Revenue DATE: March 16, 1995 Introduction The HRA has requested further information on the potential disposition of the future TIF revenues that are considered to be a cushion in the TIF revenue stream. Background Last year, the commissioners decided to not allocate all TIF revenue to projects but to keep $1, 000, 000 dollars of the TIF revenue stream as a cushion against possible decreases in the TIF collection due to decrease in the tax rate, decrease in value, non payment of taxes, destruction of the properties covered or decrease in property taxes due to state shift in school funding. This $1, 000, 000 is not available now but appears that it could be available in the 1998/99 time frame . Assuming that Council is going to spend $4, 500, 000 on the civic center in compliance with the proposed legislation and also assuming the same with $2, 200, 000 for the Chaska Interceptor, the questions remaining are the disposition of the $1, 000, 000 "cushion" and additional $1, 000, 000 in future revenue over and above the "cushion" . The most likely scenario for the future revenues is to issue bonds now and spend the proceeds on a project (s) . Council/HRA needs to pick projects on which to expend the cash. The are three basic scenarios for the cushion. 1 . Let the funds accumulate until the termination of the districts and the TIF trust pool . At that time the excess TIF would go back to the County for redistribution as property taxes . City tax levy would be reduced accordingly, school state aid would be reduced accordingly and it is assumed the county tax levy would be reduced for a one year period. (The State of Minnesota would benefit by the large reduction in state aid. ) 2 . Close down the smaller districts earlier (i .e. for pay 1996 taxes) to reduce the size of the cushion. This results in less cushion ($500, 000) to protect against the non receipt of TIF. Property tax payers would benefit due to increased tax base sooner. Fluctuations in individual property taxes would be minimized compared to closing all TIF districts at one time. 3 . Issue bonds now to provide cash to commit to projects in accordance with proposed legislation. The bonds would be paid off by the TIF revenues that would have generated the cushion in future years . This results in less or no cushion to protect against the non receipt of TIF plus additional debt for tax payers to pay off if there is a collection problem. The projected cushion is approximately $1, 000, 000 . Based on the potential action by the Legislature, time is short and HRA/Council needs to select which projects TIF funds are to be committed to in what amounts and actually move to contract or expend the cash. Because many questions that arise are legal questions, Tom Hay, Bond Counsel is expected to attend the HRA meeting. Attached is a schedule on the TIF trust balance and potential park projects that probably could be contracted before estimated deadline. Note that the TIF balance schedule keeps open the MEBCO and FMG districts . NOTE! ! Based on legislative discussion over the past few years as reflected by the city auditor' s concerns and current discussion of changing the funding of school districts, staff is very concerned about the potential loss of TIF. The school tax levy is the major part of the property tax levy. If the state eliminates property taxes as funding for schools, city taxpayers would be left to pay for the majority of the remaining debt service on TIF bonds . Action Items 1 . Decide on disposition of the "cushion" . Either to close districts early, bond for projects or eventually remit to the County for redistribution. If the decision is to bond for projects, decide which projects staff is to begin work on immediately to commit funding and execute contracts . 2 . Decide whether to issue bonds for specific project costs. 61 0 Id 01 M 01 01 N I I .> O N C0 to 10 N I!1 0 0 L U 0 0 N H U1 N N I I H I 0 H W a N H 1, IDr-t 0 ..-1 Z m N •-.. NI. Cl In N U ar ✓ CO d• I. 01 CO 0 0 V V' to In u1 d• H I• U 01 .0 N N t0 .-I m In N CD 01 N N in 0 r1 H 10 ID` 0 01in H m l0 N .-I In In t0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03 0 0 0 0 0 0 0 0 11 0 0 0 0 0 0 0 0 U MD. ID d• 0 0 01 H N Y1 0 0 0 0 in .1•1 .-1 00 01 H N V' 0 1 Ns n n 1 .• N t0 VI P. 0 10 H ro N CI) N N N O1 In N el CO 0 N O CII H .-1 t0 N In 01 U n r In H U 00 b In t0 N N In N N U .a .0 -.1 N V' Co N 0 in Co N 01 N N Co. 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E m a In b n Io 01 O HN d• In to n co 01 O H 41 11 E a1 01 01 01 01 01 O 0 43 rl 0 I C1 01 01 01 01 01 O1 0 O 01 01 01 01 01 a1 0 0 U U .Y. 0 H H H H H H N N Z H HHHHHNN Park Projects Eligible for TIF Financing Listed by Staff Priority 1. Tapah Park Parking Lot - Cost Estimate - $100, 000 (Consistent with TIF Plan Estimate) - Project Design and Specifications are complete - Project is ready for bid. - Project could be awarded within 30 days. - Minimal staff time needed to facilitate. Action Needed - Council authorization to advertise for bids. 2 . Replace Water Slide - Cost Estimate - $150, 000 (TIF Plan Estimate $100, 000) - Current Slide 10 yrs old. - Project could be bid as design build since most slide vendors provide design services. - Project could be awarded within 30 days. - Minimal staff time needed to facilitate. Action Needed - Council authorization to advertise for bids to design and construct water slide. 3. Tapah Park Grandstand Roof/Press Box/Announcer/Handicapped Ramp Cost Estimate - $150, 000 (TIF Plan Estimate $50, 000) - Project could be bid as design build. - Project could be awarded within 30 days. - Minimal staff time needed to facilitate. Action Needed - Council authorization to advertise for bids to design and construct Grandstand Roof project. 4. Tapah Park Grandstand Concession/Restrooms - $150, 000 (TIF Plan Estimate - $100, 000) - Extensive project design will be necessary, including sewer/ water feasibility. - Likelihood of completing contractual obligation requirement slim. - Major staff time needed to facilitate. Staff does not recommend pursuing at this time. 5. Tapah Park Expansion and Development - $150, 000 (TIF Plan Estimate - $150, 000) - Property not available for buy back from MNDOT at this time. - Site development process has not been initiated. Y - Likelihood of completing contractual obligation requirement slim. - Major staff time needed to facilitate. Staff does not recommend pursuing at this time. 6. Upper Valley Trail Extension - $250, 000 (TIF Plan Estimate $250, 000) - Many permits required. - Potential R-O-W issues - Project Design has not been started. - No chance of completing contractual obligation requirement. - Major staff time needed to facilitate. Staff does not recommend pursuing at this time. I 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 28, 1995 Mayor Laurent called the meeting to order at 7:53 P.M. with Councilmembers Brekke, Beard, Sweeney, and Lynch present. Also present: Barry Stock, Acting City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; and Lindberg Ekola, Planning Director. Lynch/Sweeney moved to authorize advertising for bids for the precast concrete for the community center. Motion carried unanimously. Sweeney/Lynch moved to authorize advertising for bids for the structural steel for the community center. Motion carried unanimously. Brekke/Sweeney offered Resolution No. 3184, A Corrected Resolution of the City of Shakopee, Minnesota, Approving The Preliminary and Final Plat for St. Francis Medical Campus, and moved its adoption. Motion carried unanimously. Beard/Lynch moved to authorize the appropriate City officials to execute an amendment to the Metropolitan Waste Control Commission contract to allow the use of TIF funds. Motion carried unanimously. .------_ Beard/Sweeney moved to authorize the appropriate City officials to amend the storm drainage contract with MN. DOT as necessary to allow the option of expending TIF funds. Motion carried unanimously. Sweeney/Brekke moved to direct staff to prepare the appropriate motions and resolutions to amend the TIF Plan to include the storm drainage contract for the next H.R.A. meeting. Motion carried unanimously. Next Committee of the Whole meetings were set for March 14th at 5: 30 p.m. and April 11th at 5: 30 p.m. Mayor Laurent adjourned the meeting at 7 :59 P.M. "1:14A--K4. e/.? IP with S. Cox ty Clerk Recording Secretary 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 7, 1995 Mayor Laurent opened the meeting at 7 : 03 P.M. with Councilmembers Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Mark Erickson, Assistant City Attorney; Bruce Loney, Public Works Director/City Engineer; Lindberg Ekola, Planning Director; and Judith S. Cox, City Clerk. Items added to the agenda: 15a) Preparation of A Resolution of Appreciation to Jim Cook. Beard/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed for an H.R.A. meeting at 7: 04 P.M. Mayor Laurent re-convened the City Council Meeting at 7:59 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to address any items not on the agenda. There was no response. Items added to consent: 15a) Preparation of A Resolution of Appreciation to Jim Cook. Sweeney/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of February 21, 1995. (Motion carried under Consent Business) . Bill Von Bank, Executive Director, Shakopee Convention & Visitors Bureau (CVB) , approach the podium. He explained that the 1995 CVB budget that Council received was for month to month and for the whole year. He reported that there was a carryover from the 1994 budget in the amount of $32, 000.00. He stated that the income for the first two months of 1995 was up 11%. Beard/Lynch moved to receive and file the 1995 Convention & Visitors Bureau Budget. Motion carried unanimously. Sweeney/Lynch moved to approve the request by the American Cancer Society to access Memorial Park after normal hours on July 14 and 15, 1995. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials to enter into a 2 year 3rd year renewable option agreement with Vanpool Services, Inc. (Motion carried under Consent Business) . Official Proceedings of the March 7, 1995 Shakopee City Council Page -2- Barry Stock spoke about the community center project and the proposal to obtain user group input. Previously, staff was directed to investigate the development of a brief survey that could be inserted in the Shakopee Mint and distributed to each household in Shakopee. Mr. Stock stated that the Shakopee Mint is distributed to approximately 7, 275 households and the cost for a distribution insert would be approximately $275. 00. The City would be responsible for additional costs associated with printing the survey. Barry Stock stated that a survey has been drafted for Council's review. The survey could be folded and returned to City Hall by mail or dropped off at the offices. Mr. Stock stated that the earliest date possible to have the survey distributed in conjunction with the Mint would be Saturday, March 18, 1995. Discussion ensued resulting in the following changes in the survey: 1) Remove the last sentence of the last paragraph on the front of page one and change the first sentence of the first paragraph. 2) Add the phone numbers of Councilmembers next to their names. 3) Change question No. 2 to reflect a scoring system of 1-5, and 4) Omit question No. 3 . Beard/Sweeney moved to direct the appropriate City officials to proceed with the survey distribution on the community center, as modified. Motion carried unanimously. Sweeney/Lynch moved to appoint Paul Bilotta to the Economic Development Coordinator position at Step 3 of the 1995 Pay Schedule with an effective date of March 20, 1995. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve the application and grant a Tattoo License to Allen Joseph Lindback, at Body Art/lst in Hair and Tanning, 205 South Lewis Street, conditioned upon the City's receipt of the required certificate of insurance. (Motion carried under Consent Business) . Bruce Loney stated that Ames Construction, Inc. , the general contractor for the Shakopee Bypass Project, has requested a variance to Shakopee's Noise Ordinance. If granted the variance would allow Ames Construction to work from 5:30 A.M. - 2 : 00 A.M. Monday through Saturday, resulting in a 20 1/2 hour workday enabling the completion of the project in one construction season rather than two. Most of the initial grading work will occur between CSAH 17 and County Road 83 . The project is scheduled to begin early April with construction activities lasting approximately 2 1/2 months in this area. The overall project duration would then be approximately 5-6 months depending on the weather. ,. A Official Proceedings of the March 7, 1995 Shakopee City Council Page -3- Approval would be contingent upon minimizing noise exposure in residential areas, and that if excessive complaints are received by the City the variance could be revoked. Discussion ensued about the hours of operation. Shawn Dahl and Butch Trebesch, Ames Construction, approached the podium and clarified the area in which the extended hours is requested. They stated that they have been in this situation before in other communities and had no problems. They explained that the area where the variance is needed begins approximately 1500 feet east of the townhouses. Work between CR-17 and this point will be done during the day shift only. Sweeney/Lynch moved to allow a variance from the noise prevention section of the City Code (Sec. 10. 60, Subd. 3D) for Ames Construction, Inc. from 6:00 A.M. - 11: 00 P.M. from County Road 17 to County Road 83, and from 5: 30 A.M. - 2 :00 A.M. from County Road 83 east to County Road 18 with the conditions: 1) approval is contingent upon minimizing noise exposure near residential areas, 2) if excessive residential complaints are received by the City, the variance can be revoked at the discretion of the City Council, and, 3) blasting activities must be done from 8: 00 A.M. to 5:00 P.M. as per the blasting plan submitted to Mn/DOT. Brekke/Lynch moved to amend the motion by deleting the word "excessive' in item number 2 of the conditions. Motion carried with Mayor Laurent dissenting. Motion carried unanimously on main motion as amended. (Staff was asked to provide notification of the hours of the variance to the occupants of the townhouses and homes 3-4 north of Vierling Drive. ) Bruce Loney spoke about advertising for an Engineering Technician II and temporary engineering interns. He stated that Jeff Swanson's position was not filled when he left the City in September, 1994 and the amount budgeted for this position in 1995 is $40, 898.00 including benefits. The earliest an Engineering Tech. II could start employment with the City would be May 1, 1995. At a Step 1 pay of $29,446. 00 annually including benefits, the prorated amount for eight months would be $19, 631. 00 In addition, he explained that staff is requesting authorization for two temporary engineering interns for six month time periods. He explained the cost involved and the projects that the City is involved in this year. Discussion followed. Brekke/Lynch moved to authorize the appropriate City staff to advertise and hire an Engineering Technician II and two engineering interns. Motion carried unanimously. P to Official Proceedings of the March 7, 1995 Shakopee City Council Page -4- Sweeney/Lynch moved to authorize the appropriate City officials to execute the agreement for participation in the installation and operation of a street light at the intersection of county road 79 and County Road 78. (Motion carried under Consent Business) . Bruce Loney stated that the Metropolitan Council Wastewater Services (MCWS) has denied a permit from Metropolitan Pollution Control Agency on the Sarazin Street Project until a feasibility report for the River District Trunk Sewer is completed and accepted by MCWS. Mr. Loney stated that staff has begun the feasibility process and that a hydraulic model should be performed by Short Elliot-Hendrickson, Inc. at a cost not-to-exceed $3 , 500. 00. Beard/Sweeney moved to authorize the appropriate City officials to execute a consultant contract with Short Elliot-Hendrickson, Inc. to assist staff in the preparation of the feasibility report for the River District Trunk Sewer Improvement in an amount not-to- exceed $3, 500. 00 as modified. Motion carried unanimously. Sweeney/Lynch moved to renew the volunteer fighters accident insurance policy with ITT Hartford at an estimated premium of $1, 885. 00. (Motion carried under Consent Business) . Sweeney/Lynch moved to approve bills in the amount of $136.092.97. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4185, A Resolution Amending Resolution No. 4149 Adopting the 1995 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 407, An Ordinance Of The City Of Shakopee, Minnesota, Amending Ordinance No. 377, Which Adopted A New City Code Chapter 11, Zoning, By Amending The Effective Date For A Certain Parcel Of Land, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 408, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 1, General Provisions And Definitions Applicable To The Entire City Code Including Penalty For Violation, By Adding One New Section Relating To Incorporation Of Materials By Reference And Repealing Conflicting Provisions, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Ordinance No. 409, An Ordinance Of The City Of Shakopee, Minnesota, Granting To Northern States Power Company, A Minnesota Corporation, Its Successors And Assigns, Permission To Construct, Operate, Repair And Maintain In The City Of Shakopee, Minnesota, An Electric Distribution System And Transmission Lines, Including Necessary Poles, Lines, Fixtures And Appurtenances, For Official Proceedings of the March 7 , 1995 Shakopee City Council Page -5- The Furnishing Of Electric Energy To The City, Its Inhabitants, And Others, And To Use The Public Ways And Public Grounds Of The City For Such Purposes, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4187, A Resolution Of The City Of Shakopee, Minnesota, Modifying The Fifth Precinct Boundary, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to adopt Resolution No. 4186, A Resolution Of The City Of Shakopee, Minnesota, Setting A Public Hearing For The Purpose Of Considering The Creation Of An Economic Development Authority, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to direct staff to prepare a resolution of appreciation to Jim Cook. (Motion carried under Consent Business) . (7_14i1C • J ith S. Cox C' y Clerk Esther TenEyck Recording Secretary , SENT _,IVT I pit, ANDY & ELIANE UNSETH 971 Swift St. S. Shakopee, MN 55379 612/496-1503 February 24, 1995 Barry Stock City of Shakopee 129 S. Holmes Shakopee, MN 55379 Dear Barry, Due to my recent appointment to the Shakopee Public Utilities Commission, I would like to resign my position on the Community Development Commission. Sincerely, L '=111111111<- Andrew Unseth ACTION REQUESTED: Move to accept the resignation of Andrew Unseth from the Community Development Commission with regrets. DUk? I\li RAMPAGE Electronics PORTABLE POWER SOLUTIONS 1028 Dakota Street *V'! Tel: (612)445-5385 Shakopee,MN 55379 '� `' Fax: (612)445-3163 Barry Stock City Of Shakopee 129 Holmes Street South Shakopee, MN 55379 Barry Stock: Please accept my resignation from the Community Development Committee. Although I have had a very enjoyable tenure on both the Energy and Transportation Committee and the Community Development Committee, I am finding it more and more difficult to invest the time needed to be a productive and valuable member. With the birth of my daughter, Megan this past October, the fact that my home business, Rampage Electronics is growing by leaps and bounds and the extensive travel that my new position of Engineering Manager for Zytec Corporation entails, I find it increasingly difficult to provide the time necessary to be a valuable member of the Community Development Committee. For these reasons, I must regretfully resign. I wish the CDC members the best as they forge on assuring the Shakopee community a prosperous tomorrow. If I can be of any service in the future, don't hesitate to call me at 445-3163. Thanks again for the opportunity to serve the city of Shakopee. Sincerely, Randy Schoephoerster ACTION REQUESTED: Move to accept the resignation of Randy Schoephoerster from the Community Development Commission with regrets. MEMO TO: Dennis R. Kraft, City Administrator , L, FROM: �, s Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from County Road 79 to County Road 77 Public Hearing DATE: March 21, 1995 INTRODUCTION: Attached is Resolution No. 4193, ordering an improvement and the preparing of plans and specifications for Vierling Drive, from County Road 79 to County Road 77. BACKGROUND: On October 18, 1994,the City Council of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive. This feasibility report was ordered based on a petition received by Gold Nugget Development, the developer of Meadows West. The feasibility report has been completed and submitted to City Council on February 21, 1995. A public hearing was scheduled for March 21, 1995 by Resolution No. 4175 to consider the improvement. The proposed improvement consists of constructing Vierling Drive as a local collector with sidewalk and storm sewer. Grading of the roadway, sanitary sewer and watermain will be installed by the developer of Meadows West. The length of this road is 3,150 feet and has two property owners adjacent to the roadway, the Meadows West Subdivision and School District Property. Improvements to be assessed are a local 36 foot wide street, sidewalk, storm sewer and box culvert. Staff will give a presentation on the feasibility report at the public hearing. Attached to this memo is a letter from Wayne Fleck, President of Gold Nugget Development, Inc., objecting to findings and conclusions in the feasibility report. Also attached is a letter from Greg Thompson of Mn/DOT Right-of-Way to Wayne Fleck in regards to the Meadows West land acquisition for the Upper Valley Drainage Project (U.V.D.P.). It should be noted that staff had not seen the Mn/DOT correspondence to Mr. Fleck until after the feasibility report was adopted by Council. 1 The following comments are in response to Mr. Fleck's letter on the feasibility report and numbering outline is the same as in Mr. Fleck's letter: 1. The right-of-way of Vierling Drive lying north of the U.V.D.P. was rechecked by staff and Vierling Drive right-of-way is outside the Meadows West plat. This part of Vierling Drive is on the property the City has sold to the School District. The City will need to acquire right-of-way from the School District to construct Vierling Drive. 2. Since the portion of Vierling Drive is outside the plat boundary, the storm sewer cost in this area per City Assessment Policy is to be paid by the City's Storm Sewer Utility Fund. The Council did adopt by Resolution No. 4164, that storm drainage facilities installed by the City at the request of a developer and to serve the development will be assessed at 100%. As mentioned in Item#1, staff had inadvertently thought that all of Vierling Drive right-of-way was in the Meadows Plat. The storm sewer cost associated with Vierling Drive north of the U.V.D.P. is needed essentially to drain Vierling Drive. Staff recommends that this cost be incorporated as part of the street cost and assessed accordingly. It should be pointed out that the right-of-way has not been dedicated by the developer of Meadows West as of yet. The City is in the process of recording the property north of Meadows West to the School District. Arrangements with the School District are needed to obtain the right-of-way for Vierling Drive. 3. The Special Assessment Policy for sidewalks required within a new plat was changed by Resolution No. 4164 on February 7, 1995 so that the developer is assessed 100% of the cost. Per City Code, the developer is required to install a sidewalk on one side of collector streets. This policy change was made in order to have the Assessment Policy consistent with City Code. The developer will be assessed 100% of the sidewalk within Meadow West Plat. Outside of the plat will be 100% cost to the City as per policy. 4. The planting plan suggested by Mr. Fleck is in the costs associated with the City's oversizing of Vierling Drive. As such,there is no cost to Gold Nugget Development, Inc. 5. Mr. Fleck is objecting to being assessed the box culvert crossing on the U.V.D.P. Correspondence from Greg Thompson indicated that future crossings would not be required to cover the cost of the crossing. Mr. Thompson did not receive written confirmation from the City but relied on a phone conversation with Ray Ruuska of the City staff. Mr. Ruuska has written a memo which is attached on the Mn/DOT phone conversation and states that he did not say what Mr. Thompson wrote. Also attached are previous Council minutes and feasibility report in regards to the box culvert issue. 2 In the feasibility report, it states that the box culvert crossing needed with any street due to development would be born by the developer. City Council has had several past discussions on box culvert crossings for developments. On May 7, 1991 a box culvert crossing for Meadows 5th Addition was discussed and the City's current policy indicated was the developer should pay for the crossing. The developer, Gold Nugget, redesigned the plat to avoid a crossing of the U.V.D.P. In preparing the feasibility report, it was stated that the policy and position of the City is for the developer to be assessed for the crossing. On the Prairie Bend Development, a crossing is needed for Sarazin Street and will be assessed to the developer. Staff will revise the feasibility report cost estimates and assessments based upon the right-of-way correction mentioned earlier and will present a revised copy at the Council meeting. Greg Thompson, Mn/DOT appraiser states that he did not include any compensation for a future crossing in the Meadows West land acquisition for the U.V.D.P. Reviewing the minutes of past Council discussions on this subject, the policy was for the developer to pay for crossing the U.V.D.P. It is not clear if being compensated in the land acquisition process for a crossing was a consideration of the policy. The one exception could be made was in the Meadows Subdivision where the developer did construct the channel and associated storage ponds. In this case, the Council did not assess the box culvert due to the construction work done by the developer. The U.V.D.P. has provided a drainage system for much of Shakopee and the City can make the argument that without the U.V.D.P much of Meadows West would not be developable. The developer without doubt did receive a benefit from the U.V.D.P. The Council policy of requiring crossings to be paid by the developer was based on the fact that development benefitted from the U.V.D.P. and was not assessed previously. Per Mary Martin of Mn/DOT Right-of-Way, the developer was compensated a total of $158,304.21 for 10.01 acres of permanent easement and 4.79 acres of temporary easements in 1992. The box culvert assessment listed in the feasibility report is $92,977.50. This issue is somewhat muddled due to the fact that a third party(Mn/DOT appraiser)represented a City position without written confirmation. The land acquisition correspondence between Mr. Fleck and Mn/DOT occurred on September 21, 1992. The Mn/DOT letter states "property owners (yourself included) will not be required to cover the additional cost of the ditch crossing or the additional cost of the wider than rural street" to Mr. Fleck. Attached also is a March 15, 1995 letter from Mr. Thompson of Mn/DOT stating that he did not include any severance changes for a future crossing on the basis that the culvert would not be assessed to the property owner. Mr. Thompson also acknowledges that he should have obtained written confirmation of the City's past practice on box culverts. 3 In the feasibility report, the full width of the culvert crossing is proposed to be assessed based on previous Council policy. In the U.V.D.P., there will be an additional two crossings needed in other developments. The City is installing a box culvert in the Sarazin Street Project and assessing the developer the full cost of culvert crossing. For this project and future projects it perhaps is prudent that Council develop a clear written policy as to the crossings of the U.V.D.P. and distribution of cost. Staff would recommend that the policy be consistent for the current crossings and future crossings. In order to move forward with this project, staff would recommend the following items: 1. Resolution of box culvert assessment issue. 2. Waiver of assessment appeal from the developer. 3. Dedication of Vierling Drive right-of-way by developer or assurances provided to the City. In analyzing the issue of box culvert reimbursement, the following facts are summarized for Council consideration: 1. Past Council position is that the cost for crossing the channel with any streets due to development would be born by the developer. This is the policy listed in the feasibility report for Vierling Drive and also Sarazin Street. 2. The developer was reimbursed $158,304.21 for permanent and temporary easements associated with the U.V.D.P. This award by the condemnation board did not include a separate award for future crossings of drainageway. 3. The developer has produced a letter from Mn/DOT Right-of-Way appraiser stating that the developer would not be assessed for a future crossing. This statement was written based on a phone conversation with City staff Engineering Coordinator, Ray Ruuska. Mr. Ruuska has written a memo in which he states that he would not have made such a statement since the Council position was determined only a short time before the conversation. No written confirmation was given to Mn/DOT or asked in regards to this issue. Based on the fact that the developer is objecting to the assessments for the project he petitioned for and since no waiver of assessment appeals has been given and the right-of-way has not been dedicated, staff is recommending that Council open the hearing, hear the public testimony and table the hearing pending further research by staff. The determination of box culvert assessment will affect this project, Sarazin Street and potentially two other crossings of the U.V.D.P. 4 ALTERNATIVES: 1. Adopt Resolution No. 4193,which order plans and specifications prepared for this project as recommended by the feasibility report and as modified by Council. 2. Deny Resolution No. 4193 for a specific reason. 3. Table Resolution No. 4193 for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 3 to table the hearing pending further analysis and research by staff. BL/pmp MEM4193 5 RESOLUTION NO. 4193 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, Resolution No. 4175, adopted on February 21, 1995, fixed a date for Council hearing on the proposed improvement of Vierling Drive,from County Road 79 to County Road 77 by pavement, curb & gutter, storm sewer, sidewalk and appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of March, 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: Vierling Drive, from County Road 79 to County Road 77 by addition of pavement, curb & gutter, storm sewer, sidewalk and appurtenant work. 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 GOLD NUGGET DEVELOPMENT INC. 8857 Zealand Avenue North Brooklyn Park, Minnesota 55445 (612) 424-4955 O eA Ito 64:74464, Mr. Bruce A. Loney <ti �„ Public Works Director/City Engineer �e City of Shakopee 129 Holmes Street South Shakopee, Mn 55379 Dear Mr. Loney, I want to thank you for taking the time to review the Meadows North development and the Feasibility Report for Vierling Drive with me last Friday. Your suggestion to share a common water quality pond with the Civic center and our Meadows North development is a good idea and appears fiscally sound. However I do object to several findings and conclusions in the Feasibility Report for Vierling drive. 1) Page 1 paragraph B states that all the right of way for Vierling Drive will be dedicated in the Meadows West addition. This is not true. The right of way for that portion of Vierling drive lying north of the Upper Valley Drainage Way is not part of the Meadows West plat. 2) On page 3 paragraph 3 states that the Meadows West plat is the only benefitting developing area for storm sewer in Vierling drive. The fact is the storm sewer for that the portion of Meadows West north of the Upper Valley Drainage Way and south of Vierling drive is tributary to a water quality pond within the plat of Meadows West. It appears the only reason for storm sewer in this segment of Vierling drive is for the sole benefit of the school district property to the north. 3) The special Assessment policy was apparently changed shortly after Gold Nugget Development Inc. petitioned for Vierling Drive improvements requiring the petitioner to pay 100% of the sidewalk improvements. It would of been prudent and responsible government to notify the petitoners of affected projects since this action constitutes considerable fiscal impact on projects. A prudent and reasonable action would have been to make this policy change effective in future improvement projects. 4) It was suggested that a planting plan will be incorporated in the improvement project. The feasibility report is not sufficiently detailed to determine this cost allocation. Be advised that Gold Nugget Development did not fiscally participate in the planting program, for Vierling Drive, in any of its previous developments. If this is a policy change please advise me as such. 5) The cost allocation table on the bottom of Page 3 indicates the box culvert needed to cross the upper valley drainage way is totally assessed to the Meadows West subdivision. I raised the issue in 1992 when M.D.O.T. acquired the land to construct the drainage way(see attached letter dated September 21, 1992). I specifically wanted to know who would be responsible for the cost the crossings. Ray Ruuska of your department indicated to Gregory J. Thompson(M.D.O.T R/W Operations)that the crossings will be constructed by the city and county. Furthermore, Mr.Thompson states that any additional cost attributable to the crossings will not be the responsibility of property owners or Gold Nugget Development Inc. in this case. Based on this policy interpretation by Mr.Ruuska I did not seek compensation from M.D.O.T. for this crossing. Please insure that this letter is entered into the official record at the March 21, 1995 public hearing for this improvement project. Respectfully, Wayne Fleck President, GV4 Nugget Development Inc. Attachment 4 0\11NESo7q Dt D ° Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 stir 5Q OF TRPS September 21, 1992 296-8855 Wayne Fleck c/o Gold Nugget Development Inc. 8857 Zealand Ave. N. Brooklyn Park, MN 55445 In Reply Refer To: 7300 S.P. 7005 (101=187)901 Scott County Parcel 52B, Estate of Josephine Vierling Dear Mr. Fleck: As per our conversation on August 31, 1992 at your place of business, I am writing this letter in response to a number of questions which you raised. 1) You asked how many crossings over the main east-west drainage ditch would be required by the City of Shakopee, and how the cost of the crossings would be handled. I spoke with Ray Ruuska, the Engineering Coordinator for the City of Shakopee, and he indicated that the only required crossing of the east-west drainage ditch will be the extension of Vierling Drive, and that will be constructed by the City and County, with the affected property owners being assessed for a standard residential street. Property owners (yourself included) will not be required to cover the additional cost of the ditch crossing or the additional cost of the wider than normal street. 2) Who will cover the costs of spanning the smaller north-south ditches? Ray Ruuska indicated that the north-south ditch is to perpetuate local drainage. This drainage is expected to change as the adjacent land is developed. There may be no need to maintain the actual ditch, as long as structures are placed to perpetuate the drainage from adjacent property. Therefore, the costs to cross the north-south ditch shouldn't cost any significant amount over the typical development costs. In fact, Mr. Ruuska indicated that the north-south easement could be utilized for road construction if the drainage from the south was perpetuated. An Equal Oppurruniry Employer Wayne Fleck Page 2 September 21, 1992 3) Can the storm sewer being placed in the north-south drainage easement be tapped. Mr. Ruuska indicated that the storm sewer could be tapped, and, in fact, it is anticipated that the line will be tapped in the future. That covers the questions which you had. I hope that I haven't missed anything, and that my answers meet your needs. If I have missed anything, or if you have additional questions, please feel free to contact me at: Gregory J. Thompson R/W Operations Rm. 517 395 John Ireland Boulevard St. Paul, Minnesota 55155 Phone: (612)296-8855 Thank you for your patience and time. Sincerely, Gregory J. Thompson Right of Way Agent MEMO TO: Bruce Loney, Public Works Director FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Meadows West Box Culvert DATE: March 13, 1995 Novak-Fleck is objecting to the City Policy of assessing benefitting development for installation of box culverts on the Upper Valley Drainage Project (U.V.D.P.). The objection is based on correspondence from Greg Thompson of Mn/DOT dated September, 1992. That correspondence refers to a phone conversation I had with Greg regarding property acquisition for the U.V.P.D. One of the quotes attributed to myself was "Property owners will not be required to cover the additional cost of ditch crossings". That is a statement I would not have made and can only speculate the reason it appears in the letter to Wayne Fleck. Attached are City Council minutes relevant to the issue of box culverts crossing roadways in the Meadows area and Page 3 of the Vierling Drive feasibility report for the segment east of County Road 79 (which I authored). If you note the dates of the minutes and the date of the Mn/DOT letter and the fact that Novak- Fleck representatives were well aware of the City policy on U.V.P.D crossings. This is now the third crossing of the U.V.D.P. that Novak-Fleck has objected to paying for. The first on Goldenrod Lane was eliminated by replatting by Novak-Fleck. The second on Vierling Drive was paid for by the City due to dedication and construction of the U.V.P.D. through Meadows "East" by the developer. It seems strange after numerous meetings attended by Novak-Fleck and numerous revisiting of this issue,that a quote based on a phone conversation would be relied on by the developer, which was the opposite of known City policy,without any written confirmation from me or anyone else. It seems that Greg Thompson's memory of that phone call in 1992 is particularly keen. While I don't recall what I was wearing that day, I didn't say what he says I did. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 17, 1992 Mayor Laurent called the meeting of the Shakopee City Council to- . order at 7 : 00 p.m. , with Cncl. Vierling, Lynch, Sweeney, and Beard present. Also present: Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Dave Hutton, Public Works Director; Karen Marty, City Attorney; Lindberg Ekola, City Planner. Sweeney/Lynch moved to approve the agenda with the deletion of item 16, "recess to an Executive Session" . Motion carried unanimously. The Shakopee City Council recessed for the meeting of the Shakopee Housing and Redevelopment Authority at 7: 03 p.m. The Shakopee City Council reconvened at 7:20 p.m. Liaison reports were given from the Councilmembers. Mayor Laurent gave his report of meetings attended and upcoming meetings he will be attending. Sweeney/Vierling moved to add to the City Council agenda the action of the Shakopee Housing and Redevelopment Authority regarding a proposed text ordinance amendment for the Heavy Industrial Zone (I- 2) , which would provide limited retail as a conditional use in the I-2 zone. Motion carried unanimously. Mayor Laurent asked for comments from the audience on any item not on the agenda. There was no response. Vierling/Lynch moved to approve the consent business. Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed improvements to Vierling Drive between County Road 79 and County Road 17 by street, curb and gutter, and storm sewer; Project No. 1992-3 . Cncl. Vierling excused herself from the Council table due to conflict of interest. Public Works Director presented the feasibility report for the improvements to Vierling Drive between County Road 79 and County Road 17. Discussion was held on the request by the developer of Meadows 1st Addition for consideration of the oversizing cost to the culvert that will be installed under Vierling Drive. Mayor Laurent asked for comments from the audience. 1 Official Proceedings of the March 17, 1992 Shakopee City Council Page -2- Paul Cherney, Pioneer Engineering, spoke on the box- culvert stating that the upper valley drainage area is contributing to the need for an increase in the culvert size. He added he did not feel it was equitable for the developer" of Meadows 1st Addition to be responsible for the full cost of this oversizing. Wayne Fleck, Gold Nugget Development, questioned the City' s policy on reimbursements of roadway crossings. He stated they (developers for Meadow 1st Addition) should not have to pay for a drainageway . or crossing not needed as a part of their development. Discussion was held on both issues. Mayor Laurent asked for further comments from the audience. Jerome Vierling, 1461 County Road 79, questioned the access from Prairie Estates and if there would be a limitation to the number of intersections allowable in a plat. He also questioned the assessments to platted property that was still being farmed and still zoned Agricultural (AG) . He stated the interest on the assessments for AG land should be "forgiven" at least until the area is developed or sold. The City Attorney responded to this issue and explained the "green acres" statute. Mayor Laurent asked for further comments from the audience. There were none. Mayor Laurent closed the public hearing for Project No. 1992-3 . Beard/Lynch offered Resolution No. 3556, A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Vierling Drive, Between County Road 17 And County Road 79 ; Project No. 1992-3 , and moved for it adoption. Discussion was held on whether or not the green acres statute gives authorization for the Council to waive the interest. Cncl. Sweeney called for the question. Motion carried with Cncl. Vierling absent for the vote. Sweeney/Lynch moved to direct the City Attorney to investigate the green acres statute whether or not this statute gives the City Council the authority to waive interest charges. Motion carried with Mayor Laurent voting "no" and with Cncl. Vierling absent for the vote. Sweeney/Beard moved that the oversizing cost of the box culvert be paid for out of the City funds in the same way the City pays for Proceedings of the May 7, 1991 Shakopee City Council Page -4- objection from any of the other bidders. Mayor Laurent said he feels it is not in the best interest of the City at large to sell one half of a lot at $5, 000 when it is clearly worth more. Motion defeated with Cncl. Wampach in favor of the motion. Clay/Wampach moved to reject all bids and turn it back to staff for further investigation. Motion carried unanimously. Dave Hutton reviewed the request from Gold Nugget Development, Inc. for reimbursement associated with constructing an oversized culvert for the Meadows 5th Addition Subdivision. He said they will be going to the Planning Commission for approval of the 5th Addition on May 9th. He said for Goldenrod Lane to cross the drainageway culvert it will result in a 36 foot culvert estimated to cost $52, 000. They are requesting that if they have to cross that they be reimbursed since the City's current policy of having the developer pay was adopted after the drainageway was constructed. Another alternative they have is to not have Goldenrod Lane go all the way through, but instead construct a cul-de-sac. It was the consensus of the City to not have the road go all the way through, but to also wait until this item is brought before the Planning Commission. Mayor Laurent asked the developers if they were comfortable with the City waiting to respond to their request until after Planning Commission reviews the plat. Mr. Fleck, Developer, responded yes. ak/Sweeney moved to table the request of the Meadows 5th Developer for reimbursement of a culvert oversizing until after the May 9 meeting of the Planning Commission. Motion carried unanimously. Dave Hutton reviewed the supplemental agreement for additional engineering services by Barton Aschman Assoc. , Inc. Barton Aschman is the consultant who has been retained by the City of Shakopee to provide assistance to MnDOT for the Shakopee Bypass Project. The main reasons for additional engineering services are the result of MnDOT's constant changes in the project. The amount requested in this supplemental agreement brings the total cost to more than the City's agreed to contributions of 1.0 million dollars toward the Shakopee Bypass Project. Discussion ensued on whether or not MnDOT should pay for cost exceeding the City's 1.0 million dollar commitment. Mr. Warzala, Barton Aschman, said he does not think that MnDOT would enter into a supplemental contract with Barton Aschman to complete this project, he feels they would probably try to do it in-house. He also feels that it would then delay the project. Discussion ensued on the City officials meeting with MnDOT to negotiate the cost for the supplemental agreement. Sweeney/Zak moved to table a supplemental agreement with Barton Aschman for additional engineering services for the Bypass Project until a meeting can take place between MnDOT and the City with Mayor Laurent attending. Motion carried unanimously. Dave Hutton reviewed the sprinkler system report at Tahpah Park. He said City water could be run down to the park at a cost of The Meadows contributing area is 19. 06 acres and Prairie Estates 1 contributing area is 28. 0 acres for a total of 47. 06 acres. Assessment cost per acre is $2,568 . 66. BOX CULVERT COST SHARE RECOMMENDATION: The City of Shakopee, in constructing the drainage channel, has Itaken the position that the cost for crossing the channel with any streets due to development would be born by the developer. But in all other cases, with the exception of the Meadows, the City has I constructed the drainage channel at no expense to the abutting property owners. The Meadows Subdivision is an exception in that Gold Nugget I Development has constructed the channel and associated storage ponds. To date, a total amount of $58, 300. 00 has been spent by the developer to construct the channel within his development. IThe preceding cost share table reflects a City cost of $94, 875. 00 for the box culvert crossing of Vierling Drive. The assessed cost of $8, 250. 00 reflects the cost of a 48 inch culvert crossing of a I 36 foot local street and would be merged with the other storm sewer assessed costs. IThis issue had been previously discussed by the City Council at the developer's request as part of the Meadows 6th - Addition plat approval due to a proposed local street crossing the drainageway, I but was subsequently tabled because the developer revised the plat to avoid crossing the drainageway. I 1 1 I 1 1 1 3 1 NHESo 111 ZO Minnesota Department of Transportation OF TRpDistrict 3 1991 Industrial Pk. Rd. C/n March 15, 1995 Baxter, Minnesota 564 OPSN.._ (218) 828-2460 Quality Service Through lndividu nRer ,s eC c r,99s Mr. Bruce Loney / V Public Works Director E 129 Holmes Street S. Shakopee, MN 55379 Dear Mr. Loney: RE: S.P. 7005 (101=187)901 Shakopee Bypass Parcel 52B - Estate of Josephine Vierling This is in response to our telephone conversation on March 10, 1995 regarding the parcel identified above. This parcel is more specifically described as being 150 acres located in the South Half of the Northeast Quarter and the North Half of the Southeast Quarter of Section 12, Township 115 North, Range 23 West. As I indicated in that conversation and reaffirm at this time, when I appraised the subject property for the State' s various acquisitions, I did not recognize any damages for the increased special assessments for the cost of Vierling Drive to cross the Upper Valley Drainage Ditch. I have enclosed a copy of my appraisal of the subject property, with a summary of the damages identified and highlighted on Page 1. In addition, there is no mention of the special assessments anywhere in the body of my report. This is because it was my understanding that the potential for any of the costs relating to the crossing of the Upper Valley Drainage Ditch being assessed back to the property owners did not exist. This indicated to me that the matter of the cost of crossing the drainage ditch was a non-issue. My understanding of the status of the special assessments for Vierling Drive and its crossing of the drainage ditch was based on my September 1992 conversation with Ray Ruuska, Engineering Coordinator for the City of Shakopee. It was during this conversation that I specifically asked Mr. Ruuska whether the owner of the subject property would be assessed for the cost of the ditch crossing. Mr. Russka indicated to me that Vierling Drive was a state-aid road and that the cost of the additional width of Vierling Drive and the cost of crossing the drainage ditch would not be assessed back to the property owners. However, he did indicate that the property owners would be assessed for a standard residential street only, with no cost for the ditch crossing. I should have requested that Mr. Ruuska provide me with a written response to my inquiry, but inexperience on my part and my understanding that the matter of special assessments was a non-issue, led to no known written record of my interaction with Mr. Ruuska. An Equal Opportunity Employer Mr. Bruce Loney March 15, 1995 Page 2 If I had been informed that the property owner was to be assessed for the crossing of the drainage ditch, it is likely that I would have identified severance damage to the remainder of the subject property equal to the increased development cost, or special assessment, which resulted from the construction of the drainage ditch. I hope that the above will help to clarify the matter of the special assessments on the subject property. If I can be of further assistance, please do not hesitate to contact me at 218-828-2776. Sincerely, Gregory J. Thompson District Right of Way Agent Enclosure: Appraisal cc: Wayne Fleck - Property Owner, Brooklyn Park John Callahan - M.S. 633 GJT:mc II AMENDED COST ESTIMATE Construction Costs Sidewalk $ 37,884.00 Street 204,558.46 Storm Sewer 68,211.51 Box Culverts 67,620.00 TOTAL $378,273.97 Plus 10% Contingency 37,827.40 Subtotal $416,101.37 Plus 25% Engr./Admin. 104,025.34 Right-of-Way Acquistion 31,495.00 (2.33 Acres) GRAND TOTAL $551,581.71 PROPOSED COST SHARING CITY COST ASSESSED COST TOTAL COST Right-of-Way $ 7,863.47 $ 23,591.53 $ 31,455.00 Roadway & Sidewalk $141,083.13 $192,275.26 $333,358.39 Storm Sewer $ -0- $ 93,790.83 $ 93,790.83 Box Culvert $ -0- $ 92,977.50 $ 92,977.50 TOTAL $148,946.60 $402,635.12 $551,581.71 * Right-of-way City cost represents the additional width for a State-Aid roadway. AMENDED FUNDING SOURCES/SPECIAL ASSESSMENTS The Municipal State Aid Account will fund 100% of the street construction City costs. In addition,the abutting property owners will be assessed for local street costs equivalency including a portion which is owned by the City as per Section VI, Paragraph 9 of the City's Special Assessment Policy. The estimated assessments for each development is as follows: Storm Box Street/Sidewalk Sewer Culvert Subdivision Footage Assessment Assessment Assessment The Meadows West 4465.63 $176,324.24 $ 93,790.83 $92,977.50 School District 1265.98 $ 39,542.55 $ -0- $ -0- Property TOTAL 5731.61 $215,866.79 $ 93,790.83 $92,977.50 Total Subdivision Assessment The Meadows West $363,092.57 School District Property $ 39,542.55 TOTAL $402,635.12 AMENDED STATE AID STANDARD COST ESTIMATE STREET CONSTRUCTION ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 Subgrade Preparation R.S. 31.50 $100.00 $3,150.00 2 Aggregate Base, Class 5 TON 8200.00 $5.25 $43,050.00 (100% Crushed) 8" 3 Base Course Mixture TON 2435.00 $18.56 $45,193.60 (2 1/2") 4 Wearing Course Mixture TON 1950.00 $21.68 $42,276.00 (2") 5 Bit. Material for GAL. 866.00 $1.08 $935.28 Tack Coat 6 4" Concrete Walk S.F. 31570.00 $1.20 $37,884.00 7 Concrete Curb&Gutter B-618 L.F. 6350.00 $4.32 $27,432.00 8 Furnish &Plant 1 1/2" Trees TREE 64.00 $161.70 $10,348.80 9 Traffic Marking Paint(Yellow) GAL. 27.00 $47.61 $1,285.47 10 Traffic Marking Paint(White) GAL. 9.00 $47.61 $428.49 11 Traffic Control Signs EA. 16.00 89.77 $1,436.32 12 Street Sign EA. 2.00 183.75 $367.50 13 Sod(Including Black Dirt) S.Y. 6260.00 $2.00 $12,520.00 14 18" RCP Apron w/Trash Guard EA. 5.00 $900.00 $4,500.00 15 18" RCP Class IV L.F. 350.00 $19.10 $6,685.00 16 Construct Catch Basin EA. 3.00 $800.00 $2,400.00 17 Construct Catch Basin EA. 3.00 $850.00 $2,550.00 Manhole Total Street Construction $242,442.46 Plus 10% Contingency $24,244.25 Subtotal $266,686.71 Plus 25% Engr./Admin Fees $66,671.68 GRAND TOTAL $333,358.39 AMENDED 36'SHAKOPEE STANDARD COST ESTIMATE STREET CONSTRUCTION ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 Subgrade Preparation R.S. 31.50 $72.00 $2,268.00 2 Aggregate Base, Class 5 TON 4310.00 $5.25 $22,627.50 (100% Crushed) 3 Base Course Mixture TON 998.00 $18.56 $18,522.88 (1 1/2") 4 Wearing Course Mixture TON 998.00 $21.68 $21,636.64 (1 1/2") 5 Bit. Material for GAL. 624.00 $1.08 $673.92 Tack Coat 6 Concrete Curb&Gutter B-618 L.F. 6350.00 $4.32 $27,432.00 7 Seeding ACRE 2.00 603.75 $1,207.50 8 18" RCP Apron w/Trash Guard EA. 5.00 $900.00 $4,500.00 9 18" RCP Class IV L.F. 300.00 $19.10 $5,730.00 10 Construct Catch Basin EA. 3.00 $800.00 $2,400.00 11 Construct Catch Basin EA. 3.00 $850.00 $2,550.00 Manhole Total Street Construction $109,548.44 Plus 10% Contingency $10,954.84 Subtotal $120,503.28 Plus 25% Engr./Admin Fees $30,125.82 GRAND TOTAL $150,629.10 AMENDED STORM SEWER ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 42" R.C.P. Apron w/Trash Guard EA. 1 $1,200.00 $1,200.00 2 12" R.C.P. Class IV L.F. 145 $17.43 $2,527.35 3 18" R.C.P. Class IV L.F. 110 $19.10 $2,101.00 4 21" R.C.P. Class III L.F. 296 $21.46 $6,352.16 5 24" R.C.P. Class III L.F. 50 $22.75 $1,137.50 6 30" R.C.P. Class II L.F. 370 $28.25 $10,452.50 7 36" R.C.P. Class II L.F. 66 $33.50 $2,211.00 8 42" R.C.P. Class II L.F. 620 $49.00 $30,380.00 9 Construct Catch Basin EA. 3 $800.00 $2,400.00 10 Const. M.H., Design 4020E-72" EA. 3 $1,300.00 $3,900.00 11 Const. M.H., Design 4009G EA. 3 $1,000.00 $3,000.00 12 Const. C.B., M.H. EA. 3 $850.00 $2,550.00 Total Storm Sewer $68,211.51 Pius 10% Contingency $6,821.15 Subtotal $75,032.66 Plus 25% Engr./Admin Fees $18,758.17 GRAND TOTAL $93,790.83 Box Culvert Crossing L.S. $67,620.00 On Vierling Drive Plus 10% Contingency $6,762.00 Subtotal $74,382.00 Plus 25% Engr./Admin Fees $18,595.50 GRAND TOTAL $92,977.50 ✓ V V V o 4 r Co — t> Rl y N N) N N /" O O O O n 1--- 4 A V V V CA 4 W N ZZ a I o 0 0 y cnal0W °DG� W °o0W0 ,n0 \ m A -4Ooac -4aoa A-- u) o � -4 � � z ° o NZNzNZm m o = CD wco wC0 II I �, -0 - cn - cQ "0 co (n coo -` o_'- a -- . :° 07111 z cn 0 2c D 02c- 02, 0 con • Z m < K < < Z m X. o Z m m 1 CD A m A m O y 01 cri C7 co cn V) z f) O cn --I O z 03O -1 0 --I 0 -I ?0 O 0 0 mmm * O -n - m cm cC .o» m (� n c 9 r° N ;' ZcnOm0) 71 0 M o g o K N • m 0 , - 0 W � mN n � 00 � D � ,.CD * Co rONln 4 -I 0. 0. 0 n -i � ZO • r 03 9o5 Cl)* v*) * 0) O 0 m � � � � Nr- Z -v .� - 0 m to -D-I m t Z -L " CD co co m p 1"'3 C I Cn N CA Co 0) -n (D -n 0-3 I r 10 W m n D 0) N_ N G) 11 0 Com" c„ mwr- � _ � m D D D - D -1 1- • = o mCn ZNmcnm 0. 0. 0- 0 -n G) . -• m N) = = E z o0 _� r- z °o00W o 0 •_ xi O m m o c ii < OT m m cn -.► .A 1 V N O) CO --I. -n NV 01 N3 W Oo °o CD 01 CO V O oN0O Co Co °o Co OW W -i N ? o) a) A D (n 00 4 0 N '4. W^ XI ...► /V��/ .�.I a) a) 4. co a, m m up N Co N W 1 42, co CO rn CO m -WI W oo Cli Cl)oi Ocorn m 7] Cl) o 4 (0 o S N W 4 4 Co C co J ' Vo CO co co 0 m O 0 o 0) w - N73 > Cl) W --1 N 4 O (Cn oo 0 D C) v I- P 4v - m _ _ _ z - no N 4 4 N -I - • • Official Proceedings of the ' . March 17, 1992 Shakopee City Council Page -3- oversizing costs for streets. Motion carried with Cncl. Vierling absent for the vote. Cncl. Vierling took her seat at the Council table. Mayor Laurent passed the gavel to Vice Mayor Vierling and excused himself from the Council table due to conflict of interest on the proposed vacation of Polk Street. Vice Mayor Vierling opened the public hearing on the proposed vacation of Polk Street between 10th and 12th Avenues. The City Planner stated that staff received a petition from Mr. Randy Laurent of Laurent Builders, Inc. , to vacate that portion of Polk Street adjacent to the proposed plat of Minnesota Valley 7th Addition, in order to meet the 30-foot setback requirements; the remaining 30 feet would be given back to the mall. The City Planner stated that the Planning Commission recommends approval of this vacation. Vice Mayor Vierling asked for comments from the audience. Julie Meloche, 1057 Tyler, questioned when Vierling Drive would be constructed in this area in order to relieve the traffic pressures - on Tyler. She also questioned the number of blocks taken into account when the traffic count was conducted. Cncl. Sweeney stated that this proposal and a subsequent rezoning request to R-2 will ultimately reduce the traffic in this area because it's currently zoned for R-4 (multi-family) , which could bring about a lot more traffic. Julie Meloche stated she was not addressing the zoning issue, but is concerned with the traffic pattern, which the vacation of Polk Street will add to 12th Avenue and Tyler Street. The Public Works Director reported on the results of the traffic counts conducted in the area of Tyler Street and 12th Avenue. Vice Mayor Vierling asked for further comments from the audience. Bill Krouse, 1047 Tyler, stated that if homes are going to be added in this area, this will increase the traffic on Tyler Street and therefore, Polk Street must not be vacated but should connect with 10th Avenue. Richard Soderberg, 1048 Tyler, stated he understands the developer's need to vacate the portion of Polk Street adjacent to the proposed plat, but he added this street is being used by the church and at the time the church was constructed, the residents Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: March 21, 1995 Preparation Date: March 17, 1995 Re: Preliminary Plat for Arlington Ridge INTRODUCTION Ralph Schmitz of James Development firm has submitted an application for approval of the Preliminary Plat for the proposed Arlington Ridge development. The applicant is requesting approval of the Preliminary Plat in order to subdivide the 11.33 acre site into 3 lots. DISCUSSION The applicant also requested and received approval of a Conditional Use Permit from the Board of Adjustment and Appeals in order to construct two, 3-story, multiple family structures on each of the three lots. An appeal of the decision of the Board of Adjustment and Appeals was received after the preparation of the City Council agenda. Since the Conditional Use Permit will affect the design of the plat, no action on the Preliminary Plat can be taken at this time. ACTION REQUESTED Delete this item from the March 21, 1995 agenda. {CITYCOUMPPARUNG.321) 12, 13 CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner GO/ Meeting Date: March 21, 1995 Preparation Date: March 14, 1995 Re: Preliminary and Final Plat: West View 7th Addition Planned Unit Development Introduction: Mr. Jerry A. Enns is requesting approval of the Preliminary and Final Plat for the West View 7th Addition Planned Unit Development (PUD). At their March 9, 1995, meeting, the Shakopee Planning Commission recommended approval of both the Preliminary and Final Plat for this PUD, subject to conditions. A copy of the March 9, 1995, Planning Commission staff memo has been attached for your reference. Discussion: The applicant requested approval of the PUD in order to subdivide the portion of the site which contains an existing structure into 6 lots (Lots 1 through 6), and to plat the remaining portion of the site as Lot 7. The PUD approval authorized the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant could apply for subdivision plat approval. Alternatives: 1. Approve the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development, subject to conditions. 2. Do not approve the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development, 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 the approval of the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development (Alternative No. 1), subject to conditions. Action Requested: Offer Resolution No. 4191, A Resolution Approving the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development, and move its adoption. (CrFYCOUN\FFARLING.321) 1 • RESOLUTION NO. 4191 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE PRELIMINARY AND FINAL PLATS FOR THE WEST VIEW 7TH ADDITION PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development on March 9, 1995, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development described as: Lot 1, West view First Addition are hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Park dedication fees shall be collected in lieu of the dedication of park land. 2. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. 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 (CITYCOUMFFARLING.321) 2 r. Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planne f Meeting Date: March 9, 1995 Re: Preliminary and Final Plat: West View 7th Addition Planned Unit Development SITE INFORMATION: Applicant: Jerry A. Enns Location: Shakopee Properties: No. 602 through No. 612, Jackson Street Current Zoning: R-1C, Old Shakopee Residential (See Exhibit A.) Adjacent Zoning: North: Old Shakopee Residential (Rl-C) / Multiple Family (R-3) Res. South: Old Shakopee Residential (R1-C) East: Old Shakopee Residential (Ri-C) West: Old Shakopee Residential (Ri-C) / Multiple Family (R-3) Res. Comp. Plan: 1980: Single Family Residential Draft 1990: Single Family Residential Area: .98 Acres (42,562.30 square feet) MUSA: The site is within the MUSA and can be served by all municipal utilities. INTRODUCTION Jerry Enns has submitted applications for approval of both the Preliminary and Final Plats for the proposed West View 7th Addition Planned Unit Development (PUD). The PUD for the property was approved in October of 1994. The subject site is located in the western portion of the City of Shakopee, at the southwest corner of 6th Avenue and Jackson Street. BACKGROUND The site was platted in 1965 as Lot 1, Block 1, West View 1st Addition. (See Exhibit B.) The applicant requested approval of the PUD in order to subdivide the portion of the site which contains the structure into 6 lots (Lots 1 through 6), and to plat the remaining portion of the site as Lot 7. The applicant received several variances with the approval of the PUD. The PUD approval authorizes the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant could apply for subdivision plat approvals and other required City approvals. Please refer to your October 6, 1994 Planning Commission Agenda Packets for additional background information regarding the PUD. 1 CONSIDERATIONS 1. The developer is proposing to plat 7 lots on .98 acres. Six of the lots are currently developed with a structure containing six attached dwelling units. Lot 7 is 37,415.5 square feet in size (.86 acre), and is proposed for open space around the existing structure. 2. The draft 1990 Comprehensive Plan has designated this area for Single Family Residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. It includes locations already developed, as well as the locations of new plats. 3. The developer is intending to dedicate a ten foot wide drainage and utility easement along the perimeter of the plat, and a 5 foot wide by 15.5 foot long utility easement adjacent to the west side of each unit. Minnegasco is requiring these utility easements for the existing natural gas service lines. 4. The developer has submitted an Application for a Wetland Regulation Permit for the Wetland Conservation Act of 1991. The applicant has informed City staff that there are no wetlands on the site. Staff has verified this, and is in the process of issuing a Certificate of Exemption to the Wetland Conservation Act of 1991. 5. Shakopee Public Utilities (SPUC) has commented that the applicant's proposal to have a single water meter to measure all water use in the building will be acceptable to them given that this is an existing multi-unit structure. The Homeowner's Association will bill each of the owners, and the maintenance of the water system has been addressed in the documents for the Homeowner's Association. 6. The applicant is proposing to dedicate a portion of the site as park land. (See Exhibits B and C.) However, this area is not identified as a future park site in the City's draft Comprehensive Plan. Therefore, staff is recommending that a park dedication fee be collected in lieu of land dedication. Using the assessed value from the Scott County Assessor's Office, the Park Dedication Requirement would be a total of$ 2,760.00 ($460 per lot). The dedication of land for park purposes is made at the time of the plattingof the land, PrP and cash payments are due prior to the approval of the Final Plat by the City Council. Since this is an existing structure, deferment of the Park Dedication Fees to the time of the Building Permit is not an option for the applicant. (Note: There was land dedication or park dedication fees paid when the plat was originally approved in 1965.) 7. There are no special assessments against this property. 2 ALTERNATIVES 1. Recommend to the City Council the approval of the Preliminary and Final Plats for the West View 7th Addition Planned Unit Development, subject to conditions. 2. Modify the recommended conditions, and then recommend approval of the Preliminary and Final Plats to the City Council. 3. Recommend to the City Council the denial of the Preliminary and Final Plats. 4. Continue the public hearing and request additional information from the applicant and/or staff. STAFF RECOMMENDATION Staff recommends approval of the Preliminary and Final Plats, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Park dedication fees shall be collected in lieu of the dedication of park land. (Since this is an existing structure, deferment of the Park Dedication Fees to the time of the Building Permit is not an option for the applicant.) 2. The homeowners association will be responsible for maintenance of the private common water facilities, and maintenance shall comply with the requirements established by the Shakopee Public Utilities Commission. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Preliminary and Final Plat for the West View 7th Addition Planned Unit Development, and move its approval. {PLANCOMM\PFPWESP7.MAR} • 3 _ �: EXHIBIT A - _ - : - -7--- ------‘ ...71 - . ___, ...-- , , .010 ' . , ....—. ..,/f '�111_d t. ' /�� oit nw 0'i�i s , AG -, 1'1� .116111!!‘11141111),. �jliitl 4t �. :‘ea 11►��1 ) '111 • 1� iin -J z, . 11141 -1 - ', ,E34440.1ti R 3e a4P 1 _ -NJ till(g e ei o°%' a dm I■■ ••a SUBJECT SITE >. 4 _ o,i ©i o a __ -. pm wag sirs us 0 ,0 .15 .o Ella ®,]� _ /�� d� �� �� �� IN _. --. . ® I run: I . ■ t �: . oaf CDVNq L N N NM• O©• 1 CLOP? . SCSQ �____ _1L_ �i • ■ >iI�H al _o lista 00 r -up 1 M t M1 Im ! . i I AG A.GR OULt URE 1 1 s I t Ili tZ) IN O RR RURAL R=S!DE'`JTiAL 7 � 6 ¢ �, MI .. 3 2 �_ M I I R1A LODENSITY RESIDEhT;A� 1 P,1 B URBAN RESIDENTIAL W sis I RIC OLD SHAKOPEE RESIDENT=,!L ' • • • • • No I R2 MEDIUM DENSITY RESIJENT.AL .4• a Iz-H •! : .IA `. ■ ■ . is ■ I. s _. 1 R3 MULTIPLE FAMILY RESIDENTIAL RE„ , ! Oa�jeo 0o Qo o0Nga g IL -.--. . MVO elm n 81 H:GHWAY BUSINESS INI - i 0 ni B2 OFFICE BUSINESS LII �t+ 4j►��°� ® • yLICKS P I B3 CENTRAL BUSINESS - �E �4 R;; Di n = � obd�d e 3 • ! 111 LIGHT INDUSTRIAL o . 113 U 1 12 HEAVY INDUSTR;AL VIERLING DRIVE a+I.nl '■ lima' 1 t • 1 MR MA=JOR RECREATION *„ ON 1 S SHORELAND R 1 B !. .:1 F FLOODPLAIN DISTRICT _ 1 =- - '.,A:':,,.TORP PJD Zoning Map City of SHAKOPE• E • EXHIBIT B • FEB 1 0 1995 CITY OF SHAKOPEE • The West View Seventh addition development proposes that it dedicates land to fulfill the park requirements of the application . The parcel of land to be dedicated is indicated on the attached preliminary plat map of the property. Jerry A. Enns 7333 Gallagher Dr. 114D Edina, MN 55435 921-6190 Work 844-9826 Home • EXHIBIT C SEVENTH ADDITION Y PLAT of WEST VIEW z s ili -tr-- .1 :x / / y„Erd ■I t., 0)-/ iiissik ' ' 5.4 - 0. 4. ,�1 i vOmygiii>/rlI{�• ` I f` p1rlipLal i �•� til TE I/ I AREAo.sr. ,/ k • s..�.._-- �_ 6 �1 I 1 y char I2 1,021.4 I \ `E 7711 0 14 \ • I to a 776.0 in PIN ` - ,-4- I 2 La'4 7760 \ _ n s/sr70'�: ".s'i I y La 5 1,021.4 I ' ` , I I Q 4155 TOTAL 42,5623 - 0.96 ACRES I � �` I I N % „reps.. ); s .� • I\ �/ \ \fil4C-4 -taw`-- x-t / \`. \ . ''T - f \ 6666(meas.! ZOM111G: 1-2 ,� ..-, . 86.6Sfpk11! OIA ER: ROiERT JASPER 1, ;r d.67 f /Inst! 925 ATWOOO ST. SO. - f ` /► 1 A.67.34400d SYAc£11 i. 1S 3507, '/ `, . '1 •� 1 R�4.72! , •SURVEYOR: !EMS. lila 4 wow i\ /, •' 7" - / 12400 ratwz OR AVE. / SAVAGE. 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A7 O .•• 0 OU ~w AO0 , ""<0.0J U F-SJ 0. <•-• 0 •-.0 N < Y X Y A.•-• " wFm 41 W - 1 4.11 Wa . ( Ng Yf c .066 C 'e A Lilltj 711_,'" ....-r, • ae .0. : 41"Z :1Z- .c) � O NQO �O O O .tt./ 14 uE m : 2 Eh'II g o " iia 1* • • • 1144 \ Ez.-,,z.-WMA r. 3 ti S./ /�, 4ii+...1i'ori tIU ��ph - �-a M�3 + k t itIZ pC ki N1dWN a ��i (NO/1/OI�VISH/CM3/A-1S3MJ00'OLl % �•�a�ca ('sorrel F9'OLZ _ C*1111- 16.161111111 40 Cii, V3\ \ L/b0/ A. �� Y3 : j :' `�?Ic. \ \ %,_. FIT : h V 1; oI ��\ % O �� 00 m.o l/'b0(i 'IIg°1' w� 7o Z f \ -4, ii „... • z . -'•I s=sly / '.• \ -` _ 4 /� plt� N) p o ` \ // /�'SEW IAS •\ 4 W y�_,� aL oI-,r / A3� Its U \ a. \ ,\ � 06° -/ 2. 350" Yi a .....,\IC 4 `s �� t. ai\ co \ .0 \ .‘,II Cy" \ ,'lamOS \ \ • . \ • a ff^/ff� `^ /-1 CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Meeting Date: March 21, 1995 • Preparation Date: March 16, 1995 Re: Final Plat for Chateau Ridge (Formerly Orleans Addition) INTRODUCTION J. Patrick Leavitt, Jr. is requesting approval of the Final Plat for Chateau Ridge (Formerly called Orleans Addition). A copy of the January 5, 1995, Planning Commission staff memo has been attached for your reference. At their April 19, 1994, meeting, the Shakopee City Council approved the Preliminary Plat for Orleans Addition, subject to conditions. Minor revisions to the plat have occurred since that time. One of the most noticeable revisions is that the developer has changed the name of the plat to "Chateau Ridge", and the street names have been revised. Other minor revisions have been made to allow for street connections to be made to the adjacent developments, and to avoid the 1,000 foot cul-de-sac length limitation. A copy of the revised plat has been attached to this staff memo. DISCUSSION Street Names The applicant has not provided a name for the proposed connecting street between this development and Maple Trails, to the south. The applicant and the developer for Maple Trails should discuss this issue. Staff is recommending a condition requiring the applicant to provide a revised Final Plat drawing which provides the proposed name for this street prior to the Recording of the Final Plat. The proposed street name shall be reviewed and approved by City staff (Please refer to Condition No. 5.C.) Staff is also concerned about the similarity between the proposed Chateau Avenue and Chateau Woods Lane. Staff has recommended a condition requiring the applicant to provide a revised Final Plat drawing which provides an alternative name for the street now being proposed to be called Chateau Woods Lane. The proposed revised street name shall be reviewed and approved by City staff (Please refer to Condition No. 5.D.) Cul-de-Sac Limitation Section 12.07, Subd. 1 limits the maximum length for cul-de-sac streets to 1,000 feet for rural service areas. With the approval of the Preliminary Plat, the City granted a variance to the Subdivision Regulations to allow three over-length cul-de-sac streets to be dedicated, but not constructed. This cul-de-sac limitation reduced the number of lots that the applicant would be able to plat within this phase from nineteen (19), as originally proposed, to eight (8). Access could be provided to Lots 1, 2, 4, and 5, Block 1; Lots 1 and 2, Block 2; and Lots 1 and 13, Block 3, and only these could be final platted within this phase. 1 The applicant is proposing to connect Chateau Avenue (formerly Bourbon Avenue) to Peace Avenue (located within Dominion Hills) in order to plat Peace Circle. However, Peace Avenue cannot be constructed until the developer of the Dominion Hills plat paves Dominion Avenue (it is currently Class 5 and is intended for emergency use only), and Peace Avenue is constructed up to the 1,000 foot cul-de-sac limitation. Once Chateau Avenue is constructed by the applicant, Peace Avenue will be able to be constructed up to the connection point for Peace Circle, and the developer for Chateau Ridge will be able to construct Peace Circle (a 741' cul-de-sac). The applicant has been working with the developer of Dominion Hills to get these street connections made. A copy of signed agreements between the owner of the proposed plat, and David Brown and the Berquists (owners of Dominion Hills) have been submitted to the City Attorney for review. The applicant has also been working with the developer for Maple Trails (located south of the subject site)to reach an agreement to provide street connections to the Maple Trails development. The applicant is proposing to dedicate a 60 foot wide right-of-way along the eastern edge of the plat, adjacent to Lot 3, Block 4, and the developer for Maple Trails has agreed to dedicate right-of-way to connect this proposed street to Wood Duck Trail, located within Maple Trails. A copy of this agreement has also been submitted to the City Attorney for review. To help ensure the safety of future residents, staff is recommending a condition that no Building Permits be issued for any of the lots located beyond the 1,000 foot cul-de-sac limitation until the connecting streets are constructed (Conditions 3.C, 3.D, and 3E of the Resolution). The recommended conditions include the following: A. No Building Permits shall be issued for Lots 3, 6, and 7 of Block 1; and Lots 2, 3, 4, 5, 6, and 7 of Block 3 until Chateau Avenue is constructed and connected to Peace Avenue (located within Dominion Hills) and Peace Avenue is constructed (Class V). B. No Building Permits shall be issued for Lots 4, 5, 6, and 7 of Block 3 until Peace Circle is constructed and connected to Peace Avenue (located within Dominion Hills) and Peace. Avenue is constructed (Class V). • C. No Building Permits shall be issued for Lots 8, 9, 10, 11, 12, and 13 of Block 3; and Lots 1, 2, and 3, of Block 4 until the road proposed to be called Chateau Woods Lane (the name of this road is to be revised) is constructed (Class V) and connected to Wood Duck Trail (located within Maple Trails) by a connecting road to be named later which is located adjacent to the east lot line of Lot 3, Block 4. Septic Systems Due to the wet soil conditions, the applicant has requested permission to delay the submittal of the required percolation tests and soil borings until prior to the recording of the plat. To permit this request, Staff has revised the condition requiring that the design plans, percolation tests, and soil borings for the on-site sewage systems be approved by the Building Department prior to the recording of the plat, instead of prior to approval of the plat by the City Council. (Please refer to Condition No. S.B.) 2 Construction Plans Construction Plans have been reviewed by the Engineering Department and will require only minor revisions. To facilitate the approval process staff has revised a condition requiring the approval of the construction plans by the City Engineer to be prior to the recording of the plat, instead of prior to approval of the plat by the City Council. (Please refer to Condition No. 5.E.) Conformance with Preliminary Plat As recommended by the Planning Commission, this plat appears to be in substantial conformance with the approved Preliminary Plat. ALTERNATIVES 1. Approve the Final Plat for Chateau Ridge, subject to conditions. 2. Do not approve the Final Plat, 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 the approval of the Final Plat (Alternative 1), subject to conditions. ACTION REQUESTED Offer Resolution No.4192, A Resolution Approving the Final Plat for Chateau Ridge, and move its adoption. (CI YCOUN\FPCHATEA.32I) 3 RESOLUTION NO. 4192 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR CHATEAU RIDGE. WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Chateau Ridge(formerly Orleans Addition) on 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 Final Plat for Chateau Ridge, described as: The Southeast Quarter of the Northeast Quarter(SE 1/4 of NE 1/4)of Section 19, Township 115, Range 22; AND the Southwest Quarter of the Northwest Quarter(SW 1/4 of NJ'V 1/4)of Section 20, Township 115,Range 22,Scott County,Minnesota; Excepting from the above the following two parcels: 1. A tract of land in the NE 1/4 of Section 19, Township 115 North,Range 22 West,Scott County,Minnesota, described as follows: Beginning at the intersection of the south line of said NE 1/4 of the centerline of CSAH #17; thence north along said centerline a distance of 190.0 feet; thence east and parallel to said south line a distance of 342.0 feet to the point of beginning; and 2. The North 300.0 feet of the West 726.00 feet of the Southeast Quarter(SE 1/4)of the Northeast Quarter(NE 1/4)of Section Nineteen (19), Township One Hundred Fifteen (115), Range Twenty-Two (22), Scott County, Minnesota. is hereby approved, subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f), which states that the maximum length of cul-de- sac streets shall be 1,000 feet for the rural service area. A variance to allow the right-of-way dedication for the temporary over-length cul-de-sac streets is approved. However, the applicant shall not construct any streets within the plat beyond the 1,000 foot maximum cul-de-sac length until street connections can be made and the 1,000 foot cul-de-sac limitation is no longer applicable. Peace Circle shall not be constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2. 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) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) 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. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. (2 @ $250 = $500) 5) 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. 6) Adequate temporary easements must be dedicated for any turnaround facilities, and adequate turnaround facilities for any temporary cul-de- sac streets must be constructed. 3. 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. Structures shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. C. No Building Permits shall be issued for Lots 3, 6, and 7 of Block 1; and Lots 2, 3, 4, 5, 6, and 7 of Block 3 until Chateau Avenue is constructed and connected to Peace Avenue (located within Dominion Hills) and Peace Avenue is constructed (Class V). D. No Building Permits shall be issued for Lots 4, 5, 6, and 7 of Block 3 until Peace Circle is constructed and connected to Peace Avenue (located within Dominion Hills) and Peace Avenue is constructed (Class V). E. No Building Permits shall be issued for Lots 8, 9, 10, 11, 12, and 13 of Block 3; and Lots 1, 2, and 3, of Block 4 until the road proposed to be called Chateau Woods Lane (the name of this road is to be revised) is constructed (Class V) and connected to Wood Duck Trail(located within Maple Trails) by a connecting road to be named later which is located adjacent to the east lot line of Lot 3, Block 4. 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. P B. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. B. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. C. The developer shall provide a revised Final Plat drawing which provides the proposed name for the connecting street between Chateau Woods Lane (which is to be renamed) and Wood Duck Trail (located within the Maple Trails subdivision). The proposed street name shall be reviewed and approved by City staff D. The developer shall provide a revised Final Plat drawing which provides an alternative name for the street now being proposed to be called Chateau Woods Lane. The proposed revised street name shall be reviewed and approved by City staff. E. Final construction plans for all public improvements shall be approved by the City Engineer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. 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Thurmer, Assistant City Planner Meeting Date: January 5, 1995 Re: Final Plat for Orleans 1st Addition Site Information: Applicant: J. Patrick Leavitt, Jr. / Orleans, Inc. Location: East of CR 17, and south of Hillside Drive Current Zoning: Rural Residential (RR) (See Exhibit A.) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential (RR) East: Rural Residential (RR) West: Agricultural (AG) Comp. Plan: 1980: Rural Residential (RR) Draft 1990: Rural Residential (RR) Area: 75.232 Acres MUSA: The site is located outside of the MUSA and cannot be served by municipal sanitary sewers. Introduction: The applicant has submitted an application for approval of the Final Plat for Orleans 1st Addition. Background: At their April 19, 1994, meeting, the Shakopee City Council approved the Preliminary Plat for Orleans Addition, subject to conditions. The applicant is requesting approval of the Final Plat for the first phase to develop 19 of the 25 lots approved with the Preliminary Plat. The remaining 6 lots are proposed to be developed with the second, and final, phase. Considerations: Context 1. The majority of the property is currently being used for agricultural purposes. Adjacent 1 land uses include low density residential development to the west, north, and south, and agricultural uses to the east. 2. When the Preliminary Plat for Orleans Addition was approved in April of 1994, the subject site was zoned Rural Residential (R-1). On November 15, 1994, the site was rezoned through the Zoning Ordinance update process. Although the site remains as a Rural Residential Zone, the designation is now "RR", instead of "R-1"; and the Design Standards have been revised. At the time of the approval of the Preliminary Plat, the minimum lot size was only 2.5 acres. With the new zoning designation, the minimum lot size has been increased to 10 acres. In addition, the minimum front yard setback has been increased from 30 feet to 50 feet. Otherwise, the zone regulations are very similar. Since the Preliminary Plat for this development was approved under the old Zoning Ordinance, the 2.5 acre lot size shown on the Final Plat will be processed in compliance with the Preliminary Plat approval which allowed lots at this size. The minimum lot size cannot be increased to 10 acres without significantly changing the design of the subdivision. In contrast, the increased front yard setback can be easily accomodated on the 2.5 acre lots in this subdivision. Since minimum building setback requirements are approved with building permits, staff will be using the 50 foot front yard setback for all future principal building permit applicaitons in the RR zone, including the lots in this subdivision. Major Considerations 3. Section 12.07, Subd. 1 limits the maximum length for cul-de-sac streets to 1,000 feet for rural service areas. With the approval of the Preliminary Plat, the City granted a variance to the Subdivision Regulations to allow three over-length cul-de-sac streets to be dedicated. Condition No. 1.A of Resolution No. 3985 states the following: "A variance to allow the right-of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de-sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915') is approved. However, the applicant shall not construct these streets beyond the 1,000 foot maximum cul-de-sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. " A similar condition is being required with this phase of the development. This will reduce the number of lots that the applicant will be able to plat within this phase from nineteen (19) to eight (8). Access could be provided to Lots 1, 2, 4, and 5, Block 1; Lots 1 and 2, Block 2; and Lots 2 and 3, Block 3. Temporary cul-de-sacs will need to be provided until these streets can be constructed beyond the 1,000 cul-de-sac limit. 2 Dominion Hills 1st Addition is located directly north of the proposed plat. Although all of the right-of-ways within the entire Dominion Hills development were dedicated with the approval of the first phase, Condition No. 4 of Resolution No. 3832 which approved the Final Plat limits the construction of the roads to 1,000 feet in length until the land to the east of the plat is developed and street connections can be made between Dominion Hills and future developments. With the proposed final plat for Orleans Addition, the applicant is proposing to connect Bourbon Avenue to Peace Avenue (located within Dominion Hills) in order to plat Peace Circle. Peace Avenue cannot be constructed until the developer of Dominion Hills paves Dominion Avenue (it is currently Class 5 and intended for emergency use only) and constructs Peace Avenue up to the 1,000 foot cul-de-sac limitation, or until land to the east of the Dominion Hills plat is developed and street connections can be made between Dominion Hills and future development to the east. Condition No. 1.A of the Resolution approving the Preliminary Plat for Orleans Addition limits the platting of this street. It specifically states, "Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. " A condition has been recommended requiring the applicant to submit a revised Final Plat drawing which removes Peace Circle from this phase of the development. With the approval of the Preliminary Plat, the Planning Commission recommended that the applicant be required to submit a Phasing Plan prior to the approval of the Preliminary Plat by the City Council. The Phasing Plan was to address the staging of all improvements, grading, and the final platting of lots. The Phasing Plan submitted by the applicant has been attached as Exhibit B. The limitation regarding the number of lots that can be platted within the first phase is shown on this plan. 3. The applicant is proposing a drainage and utility easement over the location of the existing pond. The purpose of drainage and utility easements is to protect the delineated wetland areas from private grading actions. A condition of the approval of the Preliminary Plat required the location of this easement to be expanded to cover the entire wetland area. Although this appears to be the case with the Final Plat drawing, the easement lines currently shown are very confusing. The Engineering Department -has commented that all wetlands will need to be contained within easements on the Final Plat drawing. A condition has been recommended to ensure that this requirement is met. 4. The applicant is required to submit a Stormwater Management Plan for the entire site. Staff is particularly concerned with the discharge point north of Bourbon Trail (by the cul- de-sac) and the stormwater discharge into the wetland areas. The applicant submitted a Stormwater Management Plan with the Preliminary Plat. However, this was based upon the original plat design, and a revised Stormwater Management Plan was not submitted for review. A condition of the approval of the Preliminary Plat required approval of the Stormwater Management Plan and the Final Construction Plans for public improvements 3 by the Engineering Department prior to approval of the Final Plat by the City Council.. A similar condition is being recommended with this Final Plat approval request. 5. The applicant is required to submit a soils report for the subdivision. This report is intended to be the basis for the pavement design. The Engineering Department has commented that the current design (2: of wear, no base, and 6" Class V) is not sufficient. There is also concern with the steep grades being proposed on Bourbon Trail and Bourbon Avenue. The street construction plans have been returned to the applicant's engineer for revisions. A condition has been recommended requiring the approval of the construction plans prior to the approval of the Final Plat by the City Council. 7. The applicant is proposing an outlot south of Bourbon Avenue, north of the exception parcel, and east of CR 17. This remnant parcel does not meet the 2.5 acre minimum lot size required at the time of the Preliminary Plat, since it covered only 0.47 acre. One of the conditions of approval for the Preliminary Plat required that Outlot A be incorporated into Lot 1, Block 2. A similar condition has been recommended for the Final Plat approval for this phase of the development. 8. During the Preliminary Plat process, the applicant submitted a ghost plat concept plan showing possible future land divisions. Ghost plats are used to illustrate the potential redevelopment of the subdivision at a higher density (Urban Residential) in the future. The future lots within this development would become extremely narrow when compared to the lot depth. In the past, the City has required developers to locate houses in a manner which would accommodate future lot splits. This condition is implemented in the Building Permit process. With the Preliminary Plat, a condition of approval was implemented to address this. Staff is recommending a similar condition with the Final Plat approval. 9. On January 1, 1992, the Minnesota Wetland Conservation Act of 1991 became effective. As of the writing of this staff report, the applicant has not submitted a request for a Certificate of Exemption for the final design of the plat. (Although a request for approval of a Replacement Plan was submitted and reviewed for an alternative-plat design.) Staff will issue a Certificate of Exemption to the owner for the finalized design which avoids impacting the existing wetlands, upon submittal of the required information and the $75.00 fee. Other Considerations 11. Typically the City controls access to major streets in the subdivision process. Staff recommends that the developer prohibit direct access from the individual lots onto CR 17 for Lot 1 Block 1, and Lot 1, Block 2. Access rights shall be limited by dedicating to the 4 City the access rights on the dedication statement for the final plat and these access limitations shall be shown on the Final Plat drawing. 12. Grading and drainage plans, and an erosion control plan must be submitted and approved prior to approval of the Final Plat by the City Council. 13. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency, including an NPDES Permit for the stormwater runoff and erosion control. A condition has been recommended requiring the applicant to submit verification of the approval of this permit to the City prior to the recording of the Final Plat. 14. Preliminary locations for septic system drainfields and building pads have been identified for each lot within the proposed plat. The exact location of the houses and drainfields will be established during the building permit process. These may be restricted to conform to the future urbanization of the site as detailed in the ghost plat. Soil percolation tests will be required with each residential building permit. 15. The Building Official has commented that all on-site sewer systems must be located 50 feet or greater from private wells. On-site sewer area must be delineated and protected from encroachment during the construction process. The applicant must provide on-site observation and reports of any filling or soil correction in house pad areas by a registered professional soils engineer when native soils are displaced or building sites are filled. 17. Scott County Environmental Health has recommended that further soil testing be done, including percolation and soil borings. The Building Official has commented that this will be addressed with the applications for Building Permits. 16. An Entrance Permit for the access to Bourbon Avenue from CR 17 must be approved by the Scott County Highway Department. A condition has been recommended requiring the applicant to submit verification of the approval of this permit to the City prior to the approval of the Final Plat by the City Council. 18. If the developer wishes a one year delay in the requirement to set the iron monuments for the plat, a request for such a delay must be submitted. A condition could be adopted which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City would require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. 19. No assessments currently exist on the property. 20. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, the Planning Commission is recommending that a park dedication fee be collected in lieu 5 of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The park dedication requirement would be approximately $858.00 per lot. 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 for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may 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. The Park Dedication requirement for the existing structure (Lot 12, Block 3) shall be paid at the time of the approval of the Final Plat for this lot. Alternatives: 1. Recommend to the City Council the approval of the Final Plat for Orleans 1st Addition, subject to conditions. 2. Revise the conditions recommended by staff, and recommend approval of the Final Plat for Orleans 1st Addition, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Final Plat for Orleans 1st Addition. 4. Table the decision to allow time for the applicant to submit additional information. Staff Recommendation: Staff recommends the approval of the Final Plat for Orleans 1st Addition (Alternative 1), subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f), which states that the maximum length of cul-de-sac streets shall be 1,000 feet for the rural service area. A variance to allow the right- of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de-sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915') is approved. However, the applicant shall not construct these streets beyond the 1,000 foot maximum cul-de- sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not 6 • be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2. 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) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) 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. • 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. (2 @ $250 = $500) 5) 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. 6) Adequate temporary easements for the turnarounds must be dedicated for the turnaround facilities, and adequate turnaround facailities for all temporary cul-de-sac streets must be constructed. 3. The following must be completed prior to the approvalof 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. Structures shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the 7 preliminary drainage plan. B. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 6. The applicant shall submit a revised Final Plat drawing prior to approval by the City Council which reflects the following design changes: A. The proposed drainage and utility easement for the pond shall be expanded to cover the entire wetland area. B. The proposed Outlot A must be incorporated into Lot 1, Block 2. C. Dedicate all proposed public streets with the 1st Addition, except Peace Circle. D. Final Plat only the following lots with the 1st Addition: Lots 1, 2, 4, and 5, Block 1; Lots 1 and 2, Block 2; and Lots 2 and 3, Block 3. E. Direct access from the individual lots onto CR 17 for Lot 1, Block 1, and Lot 1, Block 2, shall be prohibited. Access rights shall be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access rights shall be shown on the Final Plat drawing. F. The Final Plat drawing must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. G. The Final Plat for this phase shall be named "Orleans 1st Addition", instead of "Orleans Addition", as proposed by the applicant. 7. The following must be approved prior to approval of the Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and 8 ponding design, must be approved by the City Engineer. B. Final construction plans for all public improvements must be submitted and approved by the City Engineer. C. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. D. An access permit from the Scott County Highway Department will be required for Bourbon Avenue. E. The applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. F. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. G. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. Action Requested: Offer a motion to recommend to the City Council the approval of the Final Plat for Orleans 1st Addition, and move its approval. 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Stock, Assistant City Administrator RE: KBLCOM, Inc. - Transfer of Control -Resolution No. 4172 DATE: March 21, 1995 INTRODUCTION: The City has received correspondence from Wayne Knighton, Executive Vice President and General Manager of Paragon Cable requesting approval of a transfer of control from KBLCOM, Inc. to Time Warner, Inc. (See Attachment#1) The proposed transaction requires City approval. BACKGROUND: Section 14.02 of the Shakopee Cable Franchise Ordinance outlines a procedure to be followed whenever a change of controlling interest occurs. (See Attachment#2) The 1992 Cable Communication Act also sets forth a process for cable companies to apply for franchise authority approval to assign or transfer control of a cable television franchise. (See Attachment #3) Attachment#3 consists of the FCC application forms that are required to be sent to the franchising authority. In regard to the FCC application form and subsequent exhibits, note that I have intentionally not included exhibit I with this packet. Exhibit I consists of the agreement and plan of merger. This document is approximately 400 pages. If anyone wishes to review this document in its entirety, several copies are available in my office. On March 7, 1995 the Shakopee Cable Commission reviewed the proposed transfer of control. A similar ownership transfer was approved by the Shakopee City Council last May as well as in August of 1988. In reviewing the request from KBLCOM, Inc., the Cable Commission concluded that the proposed transfer as outlined would not have an adverse effect on the cable system and/or cable subscribers of Shakopee. The transfer is simply an indicator of the ongoing trend to consolidate and merge cable systems in the United States in light of the pending FCC regulations which may allow telephone companies to access the cable television market. Additionally, increased competition from direct broadcast satellite services is forcing the cable television market to consolidate. The Cable Commission is recommending Council approval of the transfer and Resolution No. 4172 as shown in Attachment#4. ALTERNATIVES: 1. Offer Resolution No. 4172 approving the transfer of ownership control from KBLCOM, Inc. to Time Warner, Inc be approved. 2. Do not approve the transfer of control request. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4172, approving the transfer of ownership control from KBLCOM, Inc. to Time Warner, Inc. BAS\tiv- h:\tami\admin\transfer 'CONSENT iczci MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: KBLCOM, Inc. - Transfer of Control -Resolution No. 4172 DATE: March 21, 1995 INTRODUCTION: The City has received correspondence from Wayne Knighton, Executive Vice President and General Manager of Paragon Cable requesting approval of a transfer of control from KBLCOM, Inc. to Time Warner, Inc. (See Attachment #1) The proposed transaction requires City approval. BACKGROUND: Section 14.02 of the Shakopee Cable Franchise Ordinance outlines a procedure to be followed whenever a change of controlling interest occurs. (See Attachment#2) The 1992 Cable Communication Act also sets forth a process for cable companies to apply for franchise authority approval to assign or transfer control of a cable television franchise. (See Attachment #3) Attachment#3 consists of the FCC application forms that are required to be sent to the franchising authority. In regard to the FCC application form and subsequent exhibits, note that I have intentionally not included exhibit I with this packet. Exhibit I consists of the agreement and plan of merger. This document is approximately 400 pages. If anyone wishes to review this document in its entirety, several copies are available in my office. On March 7, 1995 the Shakopee Cable Commission reviewed the proposed transfer of control. A similar ownership transfer was approved by the Shakopee City Council last May as well as in August of 1988. In reviewing the request from KBLCOM, Inc., the Cable Commission concluded that the proposed transfer as outlined would not have an adverse effect on the cable system and/or cable subscribers of Shakopee. The transfer is simply an indicator of the ongoing trend to consolidate and merge cable systems in the United States in light of the pending FCC regulations which may allow telephone companies to access the cable television market. Additionally, increased competition from direct broadcast satellite services is forcing the cable television market to consolidate. The Cable Commission is recommending Council approval of the transfer and Resolution No. 4172 as shown in Attachment#4. ALTERNATIVES: 1. Offer Resolution No. 4172 approving the transfer of ownership control from KBLCOM, Inc. to Time Warner, Inc be approved. 2. Do not approve the transfer of control request. 3. Table action pending further information from staff. • STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4172, approving the transfer of ownership control from KBLCOM, Inc. to Time Warner, Inc. BAS\tiv- h:\tami\admin\transfer XWIECIIMe4/4 4 ( ,a PARAGON C A BLE Wayne D. Knighton, Executive Vice President and General Manager February 21, 1995 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Attention: Dennis Kraft, City Manager Re: FCC Form 394 - Change of Control Dear Mr. Kraft: Time Warner, Inc. and Amzak Cable, Midwest, Inc. d/b/a Paragon Cable ("Paragon") request Shakopee's approval of a change of control of KBLCOM Incorporated ("KBLCOM") to the extent such approval is required under the Shakopee franchise and Minn. Stat. § 238.083. Under the proposed transaction, Paragon would continue to operate the Shakopee system. The current corporate structure is as follows: Paragon is a corporation that is a wholly- owned subsidiary of KBLCOM. This corporate structure would remain unchanged after the proposed change of control. The only change under the proposed transaction is that KBLCOM, which is currently a wholly-owned subsidiary of Houston Industries, would become a wholly-owned subsidiary of Time Warner, Inc. Time Warner, Inc. and Paragon are not asking to renegotiate any of their franchise obligations and will fulfill all of their lawful franchise commitments. Enclosed with this letter please find the Federal Communications Commission Form 394. Time Warner, Inc. and Paragon are also including with this letter a certification that this proposed transaction is exempt from the three-year holding requirement of the 1992 Cable Act, 47 U.S.C. § 537(a) , because it is a tax-free reorganization not subject to Federal income tax liability under the Federal Income Tax Code. See 47 U.S.C. § 537(c) (1) . We are happy to answer any questions you may have about this transaction and are looking forward to your expeditious consideration of this request. Sincerely, L4241 ` Wayne D. Knighton WDK:jws Enclosures 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 FAX 612/522-6348 94-4826. A KBLCOM incorporated company Attachment #2 SECTION 14 . MISCELLANEOUS PROVISIONS 14 . 01 Compliance with Laws . Grantee shall comply with all the state laws and rules regarding cable communications not later than one year after they become effective , unless otherwise stated. Grantee shall comply with all federal laws and regulations regarding cable communications as they become effective . Grantee shall also comply with all City ordinances , resolutions , rules and regulations heretofore or hereafter adopted or established during the entire term of • the Franchise. 14 . 02 Sale or Transfer of Franchise. A. Any cable communications franchise granted by City shall be a privilege held by Grantee for the bene- f it of the public. Except for any assignment or mortgage which accompanies the initial financing of the System, this Franchise shall not be sold, assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable , or any right, interest or property therein, pass to or vest -in any person without full compliance with the procedure set forth in this section. This section shall include sale or transfer of all or a majority of a corporation 's assets, merger (including any parent and its subsidiary corporation) , consolidation, creation of a subsidiary • -96- f + corporation or sale or transfer of stock in a cor- poration so as to create a new controlling interest in the System. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes } actual working control in whatever manner exercised. 1 ) The parties to the sale or transfer of this Franchise shall make a written request to the City for its approval of a sale or transfer of this Franchise. - 2 ) City shall reply in writing within thirty ( 30 ) days of the request and shall indicate appro- val of the request or its determination that a public hearing is necessary due to potential adverse effect on the company' s subscribers. 3 ) If a public hearing is deemed necessary pursuant to (2) above, such hearing shall be con- ducted within thirty (30) days of such deter- mination and notice of such public hearing shall be given pursuant to Board regulations. 4 ) Within thirty (30 ) days after the public hearing, the City shall approve or deny in writing the sale or transfer request. 5 ) The City shall notify the Board of the transfer of any interest in the System of this Franchise in accordance with the then applicable 9 s' -97- rules , regulations or laws . The notification shall 1 be accompanied by the written certification of the transferee that it meets all of the requirements with respect to technical ability and financial stabi- lity demanded of the original Grantee. 6 ) Grantee , upon transfer, shall within sixty ( 60 ) days thereafterfile with the City a 1 copy of the deed, agreement , mortgage , lease or other written instrument evidencing such sale , transfer of ownership or control or lease , cer- tified and sworn to as correct by the Grantee. . B . ' In reviewing a request for sale or transfer pursuant to Section A above , the City may inquire into the qualifications of the prospective controlling party and Grantee shall assist the City in so inquiring. The City may condition said transfer upon such terms and conditions as it deems appropriate. In the absence of extraordinary circumstances, the City shall not approve any transfer or assignment of the Franchise prior to • substantial completion of construction of the System, as determined solely by the City. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signator to this Franchise. 14. 03 Expiration. Upon expiration of the initial term -98- - . - Z -{ A-Ii ..�. 413 FYderal communications Commission Approved by OMB Washington,D.C. 20554 FCC 394 3060-o573 Expires 0&/3155 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRANCHISE AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE February 16, 1995 1. Community Unit Identification Number. MN0329 2. Application for: n Assignment of Franchise EI Transfer of Control 3. Franchising authority: City of Shakopee 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: Shakopee, Minnesota 5. Date system was acquired or (for systems constructed by the transferor/assignor) the date on which service was provided to the first subscriber in the franchise area: 09/01 /89 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the Estimated: 07/31/95 system to transferee/assignee: *See Exhibit A. 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this Exhibit No. application that is identified in the franchise as required to be provided to the franchising ' B authority when requesting its approval of the type of transaction that is the subject of this application. PART I -TRANSFEROR/ASSIGNOR 1. Indicate the name,mailing address,and telephone number of the transferor/assignor. Legal name of Transferor/Assignor(if individual,list last name first) KBLCOM Incorporated Assumed name used for doing business(if any) Amzak Cable, Midwest, Inc. /dba Paragon Cable I Mailing street address or P.O. Box l Two Allen Center, 1200 Smith Street, Suite 1800 Cit, State ZIP Code Telephone No.(include area cod Houston Texas 77002 ( 713 ) 659-541.1 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or Exhibit No. transfer of control(including any exhibits or schedules thereto necessary in order to understand the I terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade,business,pricing or marketing information,or other information not otherwise publicly available,may be redacted). ** ' (b) Does the contract submitted in response to (a) above embody the full and complete agreement l�' Yes L I '- between the transferor/assignor and the transferee/assignee? If No, explain in an Exhibit. **See Exhibit I. Exhibit No. • FCC 3`.-- October t c< • PART II-TRANSFEREE/ASSIGNEE 1.(a) Indicate the name,mailing address,and telephone number of the transferee/assignee. Legal name of Transferee/Assignee(if individual, list last name first) • Time Warner Inc. Assumed name used for doing business(if any) None Mailing street address or P.O.Box 75 Rockefeller Plaza City State ZIP Code Telephone2 No.(include area code) New York ,n lnnlq 0 (b) Indicate the name,mailing address,and telephone number of person to contact,if other than transferee/assignee. Name of contact person(list last name first) Knighton, Wayne, General Manager, MN Firm or company name(if any) Paragon Cable Mailing street address or P.O.Box 801 Plymouth Avenue North City State ZIP Code Telephone No:(include area code) Minneapolis MN 55411 612-522-52nn • (c) Attach as an Exhibit the name,mailing address,and telephone number of each additional person who Exhibit No. should be contacted,if any. I I (d) Indicate the address where the system's records will be maintained. Street address 801 Plymouth Avenue North Gty State ZIP Code Minneapolis 1` 55411 2- Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No. operations of the system as a consequence of the transaction for which approval is sought. None • • FCC 394(Page 2) October 1993 • • . SECTION 1. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: :�X Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in jurisdiction: nptm_szrP Prentice Hall Corporation b. Date of incorporation: p 8/29/83 System, Incorporated c. For profit or not-for-profit: 32 Lockerman Square, Suite L-100 Profit Dover, DE 19901 Ellimited Partnership a. Jurisdiction in which formed: c. Name and address of regisieced agent in jurisdiction: b. Date of formation: ElGeneral Partnership a: Jurisdiction whose laws govern formation: b. Date of formation: Individual D Other. Describe in an Exhibit. Exhibit No. 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully—the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name,address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first,officers,next,then directors and,thereafter,remaining stockholders and/or partners. (b)Citizenship. (c)Relationship to the transferee/assignee(e.g.,officer,director,etc.). (d)Number of shares or nature of partnersihp interest. (e)Number of votes. (f)Percentage of votes. See Exhibit III tat • (b) (c) (d) • (e) (I) • FCC 394(Page 3l . I. • 3. if the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the ❑ Yes I xl No laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? If the answer is No,explain in an Exhibit. Exhibit No. IV 4. Has the transferee/assignee had any interest in or in connection with an application which has been ❑ Yes ® No dismissed or denied by any franchise authority? If the answer is Yes,describe circumstances in an Exhibit. . Exhibit No. S. Has an adverse finding been made or an adverse final action been taken by any court or ❑ Yes ® No administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition;fradulent statements to another governmental unit;or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, Exhibit No. including an identification of any court or administrative body and any proceeding(by dates and file numbers,if applicable),and the disposition of such proceeding. S Are there any documents, instruments, contracts or understandings relating to ownership or future ® Yes ❑ No ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes,provide particulars in an Exhibit. See Exhibit V. 7. Do documents, instruments, agreements or understandings for the pledge of "stock of the ❑ Yes ❑ No transferee/assignee, as security for loans or contractual performance,provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default,there will be either a private or public sale of the stock;and(c)prior to the exercise of any ownership rights by a purchaser at a sale described in(b),any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? Not applicable. There is no pledge of stock. If No,attach as an Exhibit a full explanation. Exhibit No. • SECTION III-TRANSFEREE5/ASSIGNEE S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from n Yes ❑ No committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally Exhibit No. accepted accounting principles, including a balance sheet and income statement for at least one full VI year, for the tranfseree/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV-TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS • Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications,experience Exhibit No. and expertise regarding cable television systems,including,but not limited to,summary information about ( VII appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly awned or operated. FCC 794 nate 4) • SECTION V - CERTIFICATIONS Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits ar=f material part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY that the statements in this application are true , t).L\ complete and correct to the best of my knowledge and belief and are made in good faith. ate WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE 2-/C-- '25 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18,SECTION 1001. Print full name John R. Bickham Check appropriate classification: I I Individual n (Inddporateicate Titlee) Explain: Partner n Cn !Officerficer n Other. Ex lain: President and Chief Operating Officer Part 11 -Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances an•: related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and rola: regulations, and to effect changes, as promptly as practicable, in the operation of the system, if any changes are necessary to cure a- violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true complete and correct to the best of my knowledge and belief and are made in good faith. • Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18,SECTION 1001. Print full name Check appropriate classification: Corporate Officer (�� Individual n General Partner (Indicate Title) l l Other. Explain: SECTION V-CERTIFICATIONS Part 1-Transferor/Assignor >TI the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY that the statements in this application are true complete and correct to the best of my knowledge and belief and By: are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. US. CODE, Print full name TITLE 18,SECTION 1001. Cher.lcif ropriate classification: Corporate Officer Other. Explair.� Individual ElGeneralPartner ❑ (indicate Title) El Part 11-Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transsererlassignee certifies that he/she: Ca)Has a current copy of the FCCs Rules governing cable television systems. (b)Has a current copy of the franchise that is the subject of this application,and of any applicable state laws or local ordinances and related regulations. or local ordinances related re Witi use itsntobest efforts to comply with the terms practicable,of in theoperation applicablehise and the system,if any changes are necessary to and any regulations,and to effect changes,as promptly as p violations thereof or defaults thereunder presently in effect or ongoing. TIME W INC. Signature I CERTIFY that the statements in this application are true complete and correct to the best of my knowledge and belief and By are made in good faith. if7 - /rp9. Date • wIU UL FALSE STATEMENTS MADE ON THIS FORM ARE ?-/fc-95 • PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18,SECTION 1001. Spencer B. Hays Check(l��appropriate classification: ❑ ❑ Corporate Officer El Other. Explain: •Individual General Partner X (Indicate Title) Vice President • Fee 214 chic SI October 1112 r. j RESOLUTION NO. 417 2 A RESOLUTION OF THE CITY OF SHAKOPEE, APPROVING A CHANGE OF CONTROL OF KBLCOM, INCORPORATED, OWNER OF AMZAK CABLE, MIDWEST, INC., THE CURRENT HOLDER OF A FRANCHISE AUTHORIZING THE INSTALLATION, OPERATION AND MAINTENANCE OF A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF SHAKOPEE. WHEREAS, Amzak Cable, Midwest, Inc. ("Grantee") is the duly authorized holder of a franchise (as amended, to date, the"Franchise")authorizing the installation, operation and maintenance of a cable communications system and authorizing Grantee to serve the City of Shakopee(the"Grantor")with cable television services, and; WHEREAS, Grantee has advised the Grantor that the outstanding capital stock of KBLCOM, INCORPORATED, owner of Amzak Cable, Midwest, Inc. is to be sold and after such sale is to be held by Time Warner, Inc.; and WHEREAS, the Grantee has requested the Grantor's approval of this change of control to the extent such approval is required under the Franchise and Minnesota Statute Chapter 238.083; and WHEREAS, Grantee has fulfilled all obligations set forth in the Franchise, and; WHEREAS, the Grantor has considered the Grantee's request for approval of this proposed change of control. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: Section 1. To the extent that consent of Grantor is required by the terms of the Franchise and applicable law, the Grantor hereby consents to the change of control of Amzak Cable, Midwest, Inc. Section 2. The approval herein granted does not constitute and shall not be construed to constitute a waiver of any obligations of Grantee under the Franchise. Section 3. The Grantor hereby affirms that the Franchise is validly held in the name of the Grantee and is in full force and effect. Section 4. To the extent that the Franchise grants to the Grantor the right of first refusal to purchase the Franchise and/or cable system currently operated by Amzak Cable, Midwest, Inc. the Grantor hereby waives its right of first refusal. Section 5. This Resolution constitutes all action and approvals of the City necessary for the change of control. Section 6. This Resolution shall take effect and continue and remain in effect from and after the date of its passage, approval and adoption. 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 95-4858. ONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator 12 J RE: Dial-A-Ride Service Agreement DATE: March 16, 1995 INTRODUCTION: The Dial-A-Ride Contract with National School Bus expires on April 16, 1995. Staff has been working with SW Metro Transit officials to develop an arrangement whereby the City would receive Dial-A-Ride services directly from SW Metro. BACKGROUND: The City of Shakopee and SW Metro have Dial-A-Ride contracts with National School Bus. Both systems have separate operating contracts that expire on the same date. In the past we have jointly bid our Dial-A-Ride services. SW Metro is in the process of extending their Dial- A-Ride contract with National School Bus. In an effort to improve program efficiency and responsiveness, staff has been working with SW Metro to develop a plan that will accommodate our Dial-A-Ride program needs. On March 15th,Diane Harberts, made a presentation to the CDC on the various elements of the proposed joint service. SW Metro has taken the initiative to purchase computer dispatching equipment that has improved their program operation. Additionally, under the proposed service plan, SW Metro will have control over dispatching staff While our Dial-A-Ride Program has run fairly smoothly over the past six years, the primary area of dissatisfaction continues to be with dispatching services. I believe that the cooperative arrangement proposed between SW Metro and the City of Shakopee will improve service delivery. Additionally, the enhanced service will be provided at a lower cost. Under the proposed service plan the City of Shakopee will also be able to maintain it's autonomy in terms of program policies. Since SW Metro has full time staff allocated towards administering the Dial-A- Ride Program, I believe that we will have greater control over our actual service operation. We will also have a direct link to the administrative staff in charge of operating our Dial-A-Ride Program. Finally, we will not have to go through the process of bidding out our Dial-A-Ride Program. City Council may remember that we are in the process of purchasing our own Dial-A- Ride vehicles. SW Metro began the vehicle acquisition process nearly 9 months before us. They will be receiving their vehicles shortly. Once we obtain Mer tro wouldwn cles our mai fain our operating costs will be further reduced. Under the proposed agreement Between now and the time we receive our new vehicles,National School Bus will continue to provide vehicles for our Dial-A-Ride Program through SW Metro's existing Dial-A-Ride contract. In order to effectuate the relationship between the City of Shakopee and SW Metro, it will be necessary to execute a service delivery agreement between the City of Shakopee and SW Metro. The proposed service delivery agreement will essentially replace our Dial-A-Ride contract with National School Bus. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and SW Metro for the provision of Dial-A-Ride service. 2. Seek stand alone bids for the Shakopee Dial-A-Ride Program. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and SW Metro for the provision of Dial-A-Ride service. BAS/tiv-h:\tami\admin\darcont TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Snowmobiles DATE: 03 15 95 INTRODUCTION: Report to Council regarding snowmobile violations. BACKGROUND: Last December, at Council direction, staff took the following steps to reduce violations of the snowmobile ordinance: - signs and fencing were installed in problem areas, - 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 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. - The DNR will hold a Snowmobile Safety Instructor Clinic in Prior Lake on 02 22 95 as a result of this meeting. In February, Council was advised that lack of snow had all but eliminated snowmobile traffic and it had been impossible to tell if these measures were having any impact on problem. Council indicated a desire to be kept aware of the situation. The snowstorm earlier this month generated at least four complaints in two days. - On 03 05 95, a snowmobiler who cut across a neighbor's yard on Jackson Street was warned to cease and desist. - On 03 06 95, illegal operation in the area of Goldenrod Lane resulted in three citations by the Sheriff's Snowmobile Patrol. - On 03 06 95, officers were unable to locate a snowmobiler who cut through someone's yard to access the walking path. - On 03 06 95, the Sheriff's Snowmobile Patrol responded to a complaint of snowmobiles trespassing in Ta Pah Park. The violators were gone when officers arrived. This activity would suggest that efforts to reduce violations have been less than successful. In view of this, Council may wish to consider placing additional restrictions on snowmobile operation within the City. Section 8:30 the City Code prohibits operation of snowmobiles within the City Limits except: 1. On private property with the permission of the owner, 2 . On a city street or alley when traveling directly from the residence of the operator to the nearest trail system access. 3 . In ditch bottoms of trunk highways, County Roads and County State-aid highways. Operation of snowmobiles within 100 feet of any pedestrian, fisherman, skating rink or sliding area when such operation would endanger persons or property and on public property by a person under the age of 14 is also prohibited by City Code. The Scott County Sheriff's Snowmobile Patrol is always willing to assist with snowmobile violations and there is no reason to believe that this attitude will not continue. They do, however, have enforcement responsibility for the entire county and Shakopee can not expect to always be their first priority. If Council chooses to place additional restrictions on snowmobile operation, consideration should be given to the level and cost of enforcement needed to make such restrictions effective. This level of enforcement can not be accomplished by officers in patrol cars. The Scott County Sheriff's Office could not provide the cost of a snowmobile, insurance and related equipment at this time. This information should be available by Tuesday, 03 21 95. ALTERNATIVES: 1. Do not impose additional restrictions on snowmobile operation. 2 . Impose additional restrictions on snowmobile operation north of the Bypass. 3 . Impose additional restrictions on snowmobile operation. 4. Maintain present level of enforcement. 5. Elevate level of enforcement of snowmobile ordinance. RECOMMENDATIONS: The purpose of this report is to provide Council with information upon which to base a discussion of snowmobile ordinance violations. 1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police and Barry A. Stock, Assistant City Administrator RE: Code Enforcement Position DATE: March 14, 1995 INTRODUCTION: During the 1995 budgeting process, City Council allocated funds for a Part-time Seasonal Code Enforcement position. It would be appropriate at this time to provide staff with direction in terms of filling said position. BACKGROUND: During the 1995 budgeting process, the concern was expressed for the need to step up code enforcement procedures. Several years ago, City Council filled a Building Inspector/Code Enforcement Officer position. Due to the increasing workload within the Building Department the application of the code enforcement job responsibilities associated with this position have taken a back seat to the provision of building inspection services. In 1994 a Seasonal Building Inspector was also hired to cover building inspection services. Even with the additional of the Seasonal Building Inspector position, once again code enforcement responsibilities became a lower priority than the provision of inspection services. In an attempt to step up code enforcement practices, staff is recommending that the appropriate City officials be authorized to advertise and fill a Seasonal Code Enforcement position. Funds have been allocated in the 1995 budget to cover the costs associated with this seasonal position. I should note that funds were also included in the 1995 budget for a Seasonal Building Inspector position. At this time, staff is not proposing to proceed in filling this position. The Seasonal Building Inspector position will only be filled if we see an increase in building activity. If building activity increases to levels that warrant additional building inspector staff, staff will seek Council approval accordingly. In terms of the Code Enforcement position, staff is recommending that Administration in cooperation with the Police Department be responsible for seeking qualified applicants to fill said position. Once an individual is selected, the individual will be placed under the supervision of the Police Chief. The Code Enforcement position will also work closely with the Planning and Building Departments to respond to code enforcement issues. A number of issues have been back logged and require prompt attention. The position will also assume responsibilities in the area of bicycle safety and community oriented policing. Staff is requesting Council approval to advertise and fill the Seasonal Code Enforcement position. ALTERNATIVES: 1. Authorize the appropriate City officials to advertise and fill the Seasonal Code Enforcement position. 2. Do not proceed in advertising for the Seasonal Code Enforcement 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 and fill the Seasonal Code Enforcement position. BAS/tiv- h:\tami\admin\codememo Pr ON SENT Esc_ TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Unmarked Car DATE: 03 10 95 INTRODUCTION: The Police Department is seeking Council authorization to purchase an unmarked car. BACKGROUND: Funds for an unmarked car were approved in the 1995 Police Budget. The following means of acquiring a vehicle have been investigated: 1. Leasing - The City Finance Director advises that leasing a vehicle is not in the best interest of the City if the duration of the lease is over 4 years; 2 . Purchase through government contract - This year, government purchase prices are not that attractive. The price of a new Taurus properly equipped, for example, is around $14,800; 3 . Purchase from a rental company - Most of the rental companies now dispose of their used cars at auto auctions such as Northstar Auto Auction. National Leasing still sells their own used cars but stopped returning my calls when they found out we are only interested in one unit. 4 . Purchase from a local dealer - One local dealer has submitted informal quotes in excess of what we are willing to spend. The other has not returned our calls. 5. Purchase through Northstar Auto Auction - The best deals are found here in the form of program cars. These are late model used cars owned by General Motors which have usually been driven around 15, 000 miles. The balance of an extendable new car warranty comes with the car. Purchasing a vehicle Northstar involves finding a vehicle that meets our needs, purchasing if the price is right and paying for it within 24 hours. To do this, City Officials need advance authorization from Council to purchase a vehicle without knowing exactly what that vehicle will be. ALTERNATIVES: 1. Purchase a used car from a local dealer. 2 . Purchase a used car at Northstar Auto Auction. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate to purchase a used car through Northstar Auto Auction for not more than $12, 000 including taxes and acquisition fees. CONSEE\IT s � CONSENT Memo to: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planne Meeting Date: March 21, 1995 Date Prepared: March 15, 1995 RE: Request for Extension of Time to Request Approval for the Final Plat for Riverview Estates 2nd Addition. INTRODUCTION The City has received a request from Ms. Katherine Lee of The Watje Firm, LTD to extend the 12 month time period for filing a request for approval of a Final Plat after approval of the Preliminary Plat by the City Council. The City Code states that the City Council may extend the time period of Preliminary Plat approval upon written application by the developer. Each extension cannot exceed a twelve (12) month period. BACKGROUND On April 5, 1994, the City Council approved the Preliminary Plat for Riverview Estates 2nd Addition. City Code Section 12.03, Subd. 3.G states, "Approval of the Preliminary Plat by the Council shall give the applicant the followingrights or a 12 monthperiod from the date of PP g f f approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; 2. That the applicant may submit on or before such expiration date, the whole or any part of the approved plat for final approval; 3. The Council may extend the time period of preliminary approval upon written application by the developer and for good cause shown. Each time extension shall not exceed a 12 month period" This request is being made due to legal issues related to CR 18. The attached letter explains the request in more detail. Although staff disagrees with some of Ms. Lee's statements, staff agrees that an extension is needed ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of a Preliminary Plat by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of a Preliminary Plat by a shorter period of time. 1 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of a Preliminary Plat, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion granting the developer of Riverview Estates 2nd Addition an extension of the 12 month time period for approval of a Preliminary Plat by an additional 12 months, and move its approval. (TERRIE\CITYCOUMTIMEXTRI.307) 2 e H E W A T J E FIRM, LTD. • EXHIBIT A ATTORNEYS AT LAW FEB 2 71995 7900 XERXES AVENUE SOUTH,SUITE 2100 MINNEAPOLIS,MINNESOTA 55431 February 22,1995 TELEPHONE(612)831-2404 FAX(612)831-8444 Lindberg Ekola City Planner City of Shakopee Shakopee MN 55391 RE: Plat Approval: Riverview Estates Second Dear Mr. Ekola: In April 1994, the City Council approved the preliminary plat and setback variances of Riverview Estates Second for our clients Scott County Farms, David and Charlene McGuire. The City indicated that the plat could be extended for one year, for good cause. From discussions with the City Planning Department, I understand that extensions of preliminary plats are generally granted for 180 days, and that more than one extension may be given before the final plat is approved. I further understand that variances approved at the time of the preliminary plat generally are extended along with the plat. Circumstances make it impossible for this development to proceed at this time, and we request an extension of the preliminary plat (with its variances) for twelve months. Riverview Estates Second abuts County State Aid Highway 18, which Scott County plans to expand to an urban divided highway. The City has required the designation of Outlot A to accomodate these expansion plans, and my clients reiterate their objections to this demand. Currently, traffic levels violate state noise standards, and no project which will add traffic to the road will be permitted access. Riverview Estates Second, which will not directly access CSAH 18 but will feed into CSAH 18 from County Road 16, is unlikely to obtain an access permit from Scott County until the CSAH 18 situation has been resolved. Scott County recently appealed the District Court injunction related to this highway expansion to the Supreme Court. An early legal resolution of the situation is unlikely. During the period the case is on appeal, the Riverview Estates property is effectively land-locked and undevelopable. An extension of the preliminary plat is appropriate until the access situation is resolved. , . • 0 Storm water drainage will also be affected by the CSAH 18 project. The City directs the storm water from Riverview Estates into the CSAH 18 expansion project. This link with the proposed CSAH expansion is unnecessary because the storm water can be accommodated on-site. However, the involvement of the County may represent a better long-run option than on- site storage, and it is an option that we would like to pursue. Until the County Road 18 situation is resolved, the storm water situation cannot be resolved. Development cannot go forward, and an extension of one year is appropriate. The situation may remain unsettled as long as a year. At the same time, the SPUC has expressed its interest in acquiring a lot from the subdivided property for a water storage facility. The preliminary plat was designed with the needs of the SPUC in mind. The acquisition cannot go forward until the subdivision is platted, but an extension will help assure the SPUC that the lot which it needs will be available when it becomes possible to begin construction. We appreciate your cooperation and assistance with this matter. Please contact me, or our engineer, James Hill, with any questions or comments. Very truly yours, ______r_,_7„/ -(--,_ 4_4._ Katherine Lee EXHIBIT B SCOTT COUNTY BRADLEYJ.LARSON Highway Engineer ArAtHIGHWAY DEPARTMENT DANIEL M.JOBE 600 COUNTRY TRAIL EAST Design Engineer ! s $ JORDAN, MN 55352-9339 DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 Construction Engineer February 17, 1995 RECEIVED MAR 0 1 1995 Mr. Dave McGuire 8911 Eagle Creek Blvd Shakopee, MN 55379 Re: Entrance Permit Riverview Estates 2nd Addition CSAH 16 Dear Mr. McGuire: This is to inform you that your application for a street access onto CSAH 16, 660 feet east of CSAH 18 is denied. The denial is based on the County Attorney's opinion of the permanent injunction upon Scott County regarding County Road 18. Specifically, "Scott County is permanently enjoined and restrained from...taking any steps which would reasonably have the effect of increasing the traffic on County Road 18". This is clearly the case in your development proposal. If you have any questions, please contact Susan McNellis of the County Attorney's office at 496-8226. Respectfully, 741 mei% Bradley J. - ,n, P.E. County Highway Engineer BJL/jes cc: Susan McNellis, Asst. County Attorney An Equal Opportunity/Affirmative Action/Safety Aware Employer 13 .e' CONSENT Memo To: Dennis R. Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner. Re: Local Recycling Development Grant for Spring Recyclable Material Collection Day Date Prepared: March 13, 1995 Meeting Date: March 21, 1995 INTRODUCTION For the past nine years,the City of Shakopee has sponsored a Spring Community Clean-up Program. In 1990, 1991, 1992, 1993, and 1994,funds for operating the program have been received from Scott County. Limited funding is available from the County in 1995 for Recyclable Material Collection programs. BACKGROUND In 1994,the City of Shakopee received$5,004.00 from Scott County to off-set costs associated with the waste abatement activities pursued by the City. Attached is correspondence from Ms. Lydia Kohls from Scott County Environmental Health. Ms. Kohls' correspondence indicates that in 1995, $4,955.00 will be available for a Shakopee recyclable material collection program. In order to put together a program with the amount of dollars available, staff recommends that the City go with a program similar to last year's. Recyclable materials accepted last year included tires, appliances,yard waste,brush, and car batteries. Staff is confident that the program can be conducted on a break even basis, consistent with past years. These events are usually scheduled for late April or early May. Staff has selected Saturday,May 6th as the date for this year's event. It will be located in the same site as last year. ALTERNATIVES 1. Authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day in 1995. 2. Do not pursue a Recyclable Material Collection Day in 1994. 3. Select some other type of program format to utilize the available grant funds. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Move to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day. (ENERGY/CLEANUP.95) SCOTT COUNTY - ENVIRONMENTAL HEALTH COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379 1393 (612) 496-8177 February 28, 1995 Barry Stock Assistant City Administrator 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Stock, Scott County has again received a Local Recycling Development Grant (LRD) from the Office of Environmental Assistance (formerly under the authority of the Metropolitan Council) . The County has earmarked $25,000 to cities and townships for Recyclable Material Collection Days. The amount of funding available to each city or township is based on population, using the 1993 Metropolitan Council census. The amount available to the City of Shakopee this year for Recyclable Material Collection Days is $4,955. To apply, please submit a letter of request for funding and a project description (see Exhibit A which is an example of the detail we would like to see) . If we have not heard from you by May' 1, 1995, we will assume you are not interested and the remaining funds in this category will be used for other County recycling programs. You may elect to coordinate with other communities for this project. If so, please submit a copy of all agreements to Scott County Environmental Health. Scott County Environmental Health has developed "Guidelines for City and Township Recyclable Material Collection Days" (see Exhibit B) . You must follow these guidelines in order to be eligible for grant disbursement. We have information to help you prepare for this project such as names and numbers of recyclers and related service providers. There are also some regulatory standards associated with management of some of the recyclable materials (batteries, oil, appliances, fluorescent lights) which you should investigate. Please feel free to call this office at 496-8177 with any questions. 7Si cerely, r '7 5, ' ( Ly'ia S. Kohls Environmental Health CAWP60\LYDUU-RD\GRANTOUT1\CMES\CLN?1NTR.MER r An Equal Opportunity/Affirmative Action/Safety Aware Employer ONSEi\1i TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus property DATE : March 14, 1995 Introduction Council declaration of property as surplus is requested. Background The City is taking title to two vehicles forfeited through law enforcement actions. The vehicles are in poor condition. Council needs to declare them surplus so that they may be disposed of in accordance with City Code. action Requested Move to declare one (1) 1982 Chevrolet pickup and one (1) 1983 Plymouth Reliant surplus property. CONSENT / A3, TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fund Transfers DATE: March 14, 1995 Introduction Council approval of various interfund transfers is requested. Background Various transfers have been made as of the end of 1994 . They are as follows; $4, 400, 000 from the TIF trust to the Civic Center capital projects fund. This moves the balance of the money for the project into a specific fund that appears to be more committed for a specific purpose . From old capital project funds in order to close out the balance into the corresponding debt service fund in accordance with bond resolutions and indentures . $148, 668 . 15 from 1991 Improvement Capital Projects to 1991 Improvement Debt Service. $449, 763 . 79 from 1992 Improvement Capital Projects to 1992 Improvement Debt Service. From old tax increment debt service fund in order to close out the balance into another TIF debt service fund. $1, 704 .44 from 1986 TIF debt service to 1993 TIF Refunding Debt Service. From old improvement debt service funds in order to close out the balance into the Capital Improvement fund. $37, 068 . 68 from 1985A Improvement Debt Service to Capital Improvement fund. $43, 886 . 66 from 1986A Improvement Debt Service to Capital Improvement fund. $83 , 374 .34 from 1987 Improvement Debt Service to Capital Improvement fund. Action Requested Move to approve of interfund transfers for 1994 as follows; $4 ,400, 000 from the TIF trust Fund to the Civic Center Fund. $148, 668 . 15 from 1991 Improvement Capital Projects to 1991 Improvement Debt Service . $449, 763 . 79 from 1992 Improvement Capital Projects to 1992 Improvement Debt Service. $1, 704 .44 from 1986 TIF debt service to 1993 TIF Refunding Debt Service. $37, 068 . 68 from 1985A Improvement Debt Service to Capital Improvement fund. $43, 886 . 66 from 1986A Improvement Debt Service to Capital Improvement fund. $83 , 374 . 34 from 1987 Improvement Debt Service to Capital Improvement fund. tr, L: k TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of Dump Body DATE: March 14, 1995 Introduction The 1995 budget contains $70,000 for the purchase of a new single axle dump truck and related equipment. Background The 1995 budget contains $70,000 for a new single axle dump truck. Funds are already allocated in the Capital Equipment Internal Service Fund for this purchase. Council has previously authorized the purchase of the chassis cab for this unit in the amount of $42,372. It is proposed to equip this unit with a front plow and a wing. Other equipment will include a sander and it is not definite at this time whether to have an underbody blade on this unit. Estimated costs for the sander, plow, wing are $18,000. The underbody blade would be about another $4,000 if purchased. Sales tax would be $4,852 if all items are purchased for a complete truck cost of about $79,500. The budget is $70,000. If council does not want to exceed the amount or stay closer to the amount budgeted in the internal service fund, consideration should be given to not obtaining the under body blade. The Hennepin County Purchasing Co-operative contract for the dump bodies has been awarded to Crysteel. The cost for the comparable dump body two years ago was $8,163. The cost is as follows: Base bid $8,913.00 Options; Side Rods 75.00 Heavier steel 230.00 Subtotal 9,235.00 Additionally staff recommends Mud flaps in front of rear tires 65.00 Quick drop single lever release 295.00 Joystick wing control 668.00 Grand Total $10,263.00 The quotations for the equipment (front plow, wing, sander and underbody blade) and the body on the truck will be brought to Council at a later date. Alternatives 1. Buy body as per above. 2. Modify above options. 3. Rebid body on our own. Recommendation Alternative number 1. Action Requested Move to authorize the purchase of a dump body from Crysteel in the amount of $10,263.00 pursuant to the Hennepin County contract. / 3i CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 3/15/95 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 03/15/95 CURRENT YEAR . ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 148 13,559 20 12 CITY ADMINISTRATOR 219,200 9,913 32,176 15 13 CITY CLERK 121,170 4,127 19,230 16 15 FINANCE 302,310 12,526 51,850 17 16 LEGAL COUNSEL 212,090 7,754 34,520 16 17 PLANNING 464,430 11,334 54,113 12 18 GENERAL GOVERNMENT BUILDINGS 148,120 2,634 18,701 13 31 POLICE 1,490,650 44,929 280,415 19 32 FIRE 410,240 1,190 17,363 4 33 INSPECTION-BLDG-PLMBG-HTG 197,780 8,795 32,630 16 41 ENGINEERING 357,100 12,722 46,024 13 • 42 STREET MAINTENANCE 759,180 13,920 88,253 12 44 SHOP 112,120 6,279 21,745 19 46 PARK MAINTENANCE 292,420 4,048 40,631 14 61 POOL 136,580 137 3,109 2 64 RECREATION 239,580 7,840 37,991 16 91 UNALLOCATED 136,000 68 1,583 1 TOTAL GENERAL FUND 5,668,420 148,364 793,893 14 17 PLANNING 467,160 18,845 54,016 12 TOTAL TRANSIT 467,160 18,845 54,016 12 12 CITY ADMINISTRATOR 119,080 859 5,462 5 TOTAL HRA 119,080 859 5,462 5 a a a a a a a s a a s a a a a i' H H H H H H H H H H H H H H H N b1 id P1 •i 0 P1 w in m U cm a1 H 0 H N M N In m m t0 N CO 0 a1 a1 01 01 O C1 O 0 01 C1 a1 N N N N M N CO CO N N N N N N N N 10 1.0 N N N N N 10 N H O O O O O M M O H H O O M O O O O O O N N O In UI O O N O it N 10 10 O O H m N In 0 10 0 M O N N N M C1 N N N CO M N CO CO M H Hr♦ m M H HH M N H M H M ` I N N N dl II N N N d1 M N d4 N ,f141 I I I I I I I 1 O N N N H r4 N N N rI O N N N H U H H H U1 N rl r-I H H H H N H H C) a1 C1 a1 H dl a1 01 01 N N 01 VI C. m a' 0 O O O O O O - O 0 C1 O O O O a a a a 143 E-1aril w m 144 M H � a 0 a a a U H H a W a hxi H U) g a U H H H • H CO \ W A, • W U H p4 CO U x 0 am W a U m m r7 W RP UH Z A U m m H 0 la Cl) Z A H I � IS m x Z x E� 0 0 A UV' H Ha 5 C44 a 04 )' a 0 E0I H co U U x in 04 E/ 0 Dtl a U U g x ID N H PPI W U U 19 C.) 00 azi `/' 0 0 0 H m m PI CO • En in M A El gli H H 0 0 FI ril E o � x Z W HH to • P CO W H W W m m e4 1;10 A ?I Z PLI E WU Ca 04 MVI CO D E 3 3 0 a 0 a 01 FaZ H In a p El a ix /� E-I ON 4 w x z a 2 H t0 It It It It it It It It It It It It H ElHr-I N N M M O O O O CN rdr ) 1 In In - 0 0 0 0 0 s i 10 10 t0 l0 N N 01 01 N N M M 0 0 N 10 01 CO CO O 01 In 0 0 N N - O 0 In 111 10 0 N N 0 0 CO CO CO CO 0 0 CO 1-1 01 N N M a1 N CO CO m M N N 0 0 .Z,. 1 t0 t0 a1 4:11 10 t0 0 O 01 01 N N er H H N MH NN N N N N 10 10 In In N N CO 01 r-I r♦ a} V? 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Ot t? 4A- CA r i t0 H • }.I A a w WyO P. as H t>4 >I tj HQi H X H ami H p . t E U 0 tO tO a w uri H r O O o 0 X o H di N N N coo U H * it at 3k f - E B r B B - 0 0 6 . U re. It. I:14 Da If. NI C4 J 53-- Memo To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Authorization of Planning Personnel Date: March 15, 1995 INTRODUCTION: Staff is requesting City Council authorization to advertise for a Planning Technician and a Planning Intern position. BACKGROUND: At the March 7, 1995, meeting, the City Council passed a motion which appointed Paul Bilotta to the Economic Development Coordinator position. This position becomes effective March 20, 1995. The position was included in the 1995 Budget. The 1995 Planning Department budget included the following staffing: Planning Director, Planner II, Planner I, Planning Technician(starting in May), Planning Secretary,MIS Coordinator, Planning Intern ($3,000), and Recording Secretary($1,890). The 1995 Pay Plan indicates that the salary (Step 3) for the Planner II position is $37,236. The 1995 Budget included this salary and the appropriate amount of benefits. The 1995 Budget also included $20,000 for the Planning Technician position to cover salary and benefits. DISCUSSION: Planning Technician Based on recent City Council discussions regarding the City's financial situation in 1995 and pending legislation, staff recognizes the need to reconsider staffing alternatives. At the same time, the volume of work facing the Planning Department especially in the Current Planning area continues to grow. For example, both staff Planners have identified that the volume of requests for information by the public for potential development projects continues to increase. With the Comprehensive Plan nearing completion, the focus of the Department's efforts will be directed towards mid-level or implementation type projects. Based on this, additional staff support could be provided from more entry level type positions. Staff is recommending that the Planning Technician position originally budgeted to be hired in May, be hired at this time rather than replacing the Planner II position. The Planning Technician position would assist in the preparation of current and long range planning projects as well as working with the public. The Planning Technician position is not listed as a benchmark position in the MAMA study. Consistent with past practice, staff has forwarded a copy of the preliminary job description to the City's labor consultant to determine the assignable point value for this position. Not replacing the Planner II position in 1995 results in a budget savings of over $34,000. The expected salary range for the Planning Technician position is consistent with what has been budgeted. ($24,000-$30,000 per year) Planning Intern The 1995 Planning Department Budget included an Intern. With the school year nearing completion it is the appropriate time to begin advertising for an intern position. The position would entail 450-500 hours at a rate of$6.21/hr. Staff has a list of current and long range planning projects awaiting the Planning Intern position. Once again, the position is within the amount budgeted for 1995. ALTERNATIVES: 1. Hire a Planner II to replace Paul Bilotta. 2. Hire a Planner I position. 3. Hire a Planning Technician. 4. Hire a Planning Intern. 5. Do not add any additional staff. RECOMMENDATION: Staff recommends alternatives 3 and 4. ACTION REQUESTED: Move to authorize the appropriate City staff to advertise and hire a Planning Technician and a Planning Intern. (pdstaffcc) CONSENT J it MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Gambling Exemption for Minnesota Thoroughbred Ass'n. DATE: March 15, 1995 INTRODUCTION AND BACKGROUND: The City has been asked to waive their 30 day reviewal in conjunction with an application from the Minnesota Thoroughbred Association for an exemption from the lawful gambling license. The Association will be holding a raffle on October 7, 1995 at Canterbury Downs. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City (this 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited.) For the Association, the 30 day review period begins March 14th and the Gambling control Board will not issue a license number for their raffle until April 14th. The Association needs to get their raffle tickets printed in order that they may start selling the tickets on April 28th. Because of the short time frame, they are asking the City to waive the 30 day review period. The Minnesota Thoroughbred Association does meet the requirements of the Shakopee City code relating to charitable gambling. "Any organization...may conduct not more than five raffles in any given calendar year, without complying with Subd. 2, if, prior to selling any raffle tickets, the organization submits proof satisfactory to the City that more than 75% of the raffle tickets are reasonably expected to be sold to non-residents of the City of Shakopee. Proof may include evidence that the tickets shall be sold statewide, at a facility with a large regional attraction..." Subd. 2 requires a licensed organization to expend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. RECOMMENDED ACTION: Move to waive the 30 day review period for the application for exemption from lawful gambling license by the Minnesota Thoroughbred Association, Canterbury Downs, 1100 Canterbury Drive for October 7, 1995. MNTHORO.RAF ).13k C-7 L.; r SENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Gambling Exemption for St. Mark's Church DATE: March 6, 1995 INTRODUCTION AND BACKGROUND: The City has been asked to waive their 30 day reviewal in conjunction with an application from St. Mark's Church for an exemption from the lawful gambling license. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City. (This 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited. ) For St. Mark's the 30 day review period begins on March 2nd and the Gambling Control Board will not issue a license number for their raffle until April 1st. They need to have their raffle tickets ordered by April 1st. Because of the short time frame, St. Mark's is asking the City to waive the 30 day review period. St. Mark's Church does meet the requirements of the Shakopee city code relating to charitable gambling. RECOMMENDED ACTION: Move to waive the 30 day review period for the application for exemption from lawful gambling license by the Church of St. Mark for July 29th and 30th, 1995. GAMBLING.RAF SEnIT /3 MEMO TO: Dennis R. Kraft, City Administrator II FROM: David M. Nummer, Staff EngineerPy SUBJECT: Pending Special Assessments for the St. Francis Sanitary Sewer Extension DATE: March 21, 1995 INTRODUCTION: Attached is Resolution No 4196, a resolution removing special assessments for the St. Francis Regional Medical Center sanitary improvements, Project No. 1995-2. BACKGROUND: On November 15, 1994,the City Council ordered the extension of sanitary sewer to serve the St. Francis Hospital campus adjacent to County Road 17. The project was proposed to be assessed 100%to the benefitting drainage area per the Special Assessment Policy, and staff has established pending assessments for the properties that were listed on the assessment roll. On January 26, 1995, the Trunk Sanitary Sewer Charge Policy was adopted by the City Council, establishing a per acre charge to fund the construction of trunk sewers. The Trunk Sanitary Sewer Policy identified the sanitary sewer which will serve the St. Francis site as a trunk sewer, and the service area for that sewer was included in the Trunk Charge Policy. The new Medical Center Plat for the St. Francis Hospital was the first plat to receive final plat approval after the adoption of the Trunk Sanitary Sewer Charge Policy. Provisions have been made in their developer's agreement for the payment of trunk charges per the policy. Staff is requesting that the City Council review the funding source for the St. Francis sanitary sewer extension in light of the new Trunk Charge Policy. If the City were to levy assessments for the St. Francis sewer, and collect trunk fees for the area, the property owners would in essence be paying twice for the project. Two alternatives have been identified for avoiding this situation, canceling the Special Assessments or amending the Trunk Charge Policy. Staff recommends canceling the assessments and funding the project with trunk charges for several reasons: 1. Levying assessments against vacant property for sanitary sewer may force development when the property owner may not want to develop or market conditions do not warrant development. Trunk charges are collected at the time of final plat approval and would be due as the properties develop. 2. Assessment payments may be spread out over a ten year period which means the City may not recover the cost of constructing the sewer until 2005. The trunk charges are collected with development, and the growth projections on the Draft Comprehensive Plan suggest that this area will be fully developed earlier than 2005, thus providing a better return on the investment for the City. 3. The assessment rate ($1,101 per gross acre) and the sanitary sewer trunk charge ($1,251/net acre = $1,087/gross acre) are essentially equivalent, and choosing one over the other does not constitute inequity for either the City or the property owners. ALTERNATIVES: 1. Adopt Resolution No. 4196. 2. Deny Resolution No. 4196. 3. Direct staff to amend the Trunk Sanitary Sewer Charge Policy by removing the St. Francis trunk sewer and the tributary acreage. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1 for the reasons stated above. ACTION REQUESTED: Offer Resolution No. 4196, A Resolution of the City of Shakopee,Minnesota, Removing Pending Special Assessments for the St. Francis Regional Medical Center Sanitary Improvements, Project No. 1995-2 and move its adoption. DMN/pmp MEM4196 DMN/pmp MEM4196 RESOLUTION NO. 4196 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REMOVING PENDING SPECIAL ASSESSMENTS FOR THE ST. FRANCIS REGIONAL MEDICAL CENTER SANITARY IMPROVEMENTS, PROJECT NO. 1995-2 . WHEREAS, on October 4, 1994, the City Council adopted Resolution No. 4094, receiving a report and calling a hearing on an improvement for the St. Francis Regional Medical Center Sanitary Sewer Improvements, Project No. 1995-2, and declaring its intention to consider the assessment of abutting and benefitted property for all or a portion of the cost of the improvements; WHEREAS, on November 15, 1994, the City Council adopted Resolution No. 4122, ordering the installation of sanitary sewer to the St . Francis Regional Medical Center Site; and WHEREAS, the City now has adopted a trunk sanitary sewer charge policy, and will utilize that to fund this improvement instead of special assessments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby declares its intention to finance the St . Francis Regional Medical Center Sanitary Improvements, Project No. 1995-2, from the trunk sanitary sewer charges, and not by special assessments. 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 1/ � Approved as to form: 01 City Attorney Iy MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer ?MrJ SUBJECT: St. Francis Storm Sewer Petition DATE: March 21, 1995 INTRODUCTION: Attached is Resolution No. 4195, a resolution ordering the preparation of a report on an improvement for storm sewer to serve the St. Francis Hospital. BACKGROUND: The City has received a petition from the developer of the new Medical Center Plat to construct a storm sewer system to convey runoff from the plat to the linear ponds on the south side of the T.H. 101 Bypass. This storm sewer system would initially serve the hospital complex, and ultimately, it would provide a storm sewer outlet for all of drainage area MPH8a from the Comprehensive Stormwater Management Plan (see attached map). The petition submitted by the developer for St. Francis represents approximately 13% of the entire drainage area, and as such does not constitute an adequate petition. The petition was submitted by the developer at the recommendation of staff. This recommendation arose from concerns raised by Mn/DOT about the quantity, quality and potential for erosion in the Mn/DOT right-of-way that stormwater discharge from the site could cause. Mn/DOT's concerns were for the most part outside of the plat and beyond the control of the developer. Another complicating factor was the urgency to have the plat approved and begin construction to meet the needs of the hospital and Park Nicollet Clinic. In an effort to keep the project moving forward, staff suggested that the developer petition the City to construct the storm sewer system from the plat north to the Mn/DOT right-of-way. Utilizing a public improvement project to construct the storm sewer would allow City staff ample opportunity to address the concerns raised by Mn/DOT, opportunities which the hospital did not have. Staff also believes that this project will provide access to the linear ponds for the entire drainage area which will facilitate future development. Although staff supports this project, a preliminary review of the project indicates that right-of- way may have to be acquired for the project. Another concern is that under the current Special Assessment Policy, the storm drainage utility would fund this project 100%. In essence, the existing homes and businesses in the City who pay into the utility would be funding infrastructure improvements for new developments. To address this situation, staff is requesting Council authorization to investigate implementing a Trunk Storm Sewer Charge Policy to fund the construction of storm sewer facilities with regional benefit. This policy would most likely utilize many of the underlying concepts that the Trunk Sanitary Sewer Charge Policy is based on. At this time, staff cannot predict whether such a policy could provide an equitable funding source for this project. However, staff would like to investigate the idea further prior to completing a feasibility report for the storm sewer improvement. ALTERNATIVES: 1. Adopt Resolution No. 4195. 2. Deny Resolution No. 4195. 3. Direct staff to prepare a report on establishing a Trunk Storm Sewer Charge Policy. 4. Table for further information. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 3. ACTION REQUESTED: 1. Offer Resolution No. 4195, A Resolution Ordering the Preparation of a Feasibility Report on an Improvement for Storm Sewer to Serve the St. Francis Hospital, and move its adoption. 2. Direct staff to prepare a report on establishing a Trunk Storm Sewer Charge Policy. DMN/pmp MEM4195 Date February 6, 1995 We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, for the following public improvements: Control Structure and outfall to points north from retention pond to be constructed on the land described on Exhibit A hereto. on Street/Avenue, between Strect/Avenue and StrccbtAventme, and request that the same he made during the year 1995 In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LEGAL DESCRIPTION St. Francis Regional Medical Center [see attached Exhibit A] (4By i�„e..•.Donald J. Leivermann Its President/CEO t . EXHIBIT A Legal Description The North forty acres (more or less) of the land legally 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) , all in Section 18, Township 115, Range 22, Scott County, Minnesota to be platted as New Medical Center. Cl v A N� MARSCHAIL RD. 0 s i.�l ff�o \ K E:, 0 kk` 0 0 t-134 6. .i• . N PI v 74 N v N ill 7) .c./ 0 ,3 0 1 ,?.:).„ ui -ow � ° m II of gi , �J_I Ud,„U o j; �i —� I v ,A,,,...„ v) co , 9 a ;pp`/ 0 &u) 70 34cw.iiri -v) K Y 1 N CCJ Milk: r-r 4sg iiii .—1 : N A Q I � _A oolp K '"'i .,..............= CORD. NO. 8312. Y i, I a cc) U i w 7 w ' ,i � A_ I A N 'I ) o MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk, Karen Marty, City Attorne , ' SUBJECT: Liquor License Fees DATE: March 17, 1995 INTRODUCTION: On August 30, 1994, during a budget worksession, City Council discussed increasing the liquor license fees to help pay for an additional police officer budgeted in 1995 . There was a consensus that the liquor license fees be increased by 10 percent . This memo is in follow-up to this action. DISCUSSION: Although the cost of alcohol use and abuse is high, state law does not allow us to recover all alcohol-related costs through the liquor licenses. Rather, Minn. Stat . Sec. 340A.408, Subd. 2 (a) limits liquor license fees to "the costs of issuing and inspection and other direct costs of enforcement . " Read in context, the "costs of enforcement" is limited to enforcing the laws related to the licensed establishments . Staff has pulled together information from the administration, legal, and police departments regarding the costs of issuing the licenses, costs of inspection of the premises, and costs of enforcing the liquor laws relating to the establishments. Staff also collected information .on fees, including current liquor fees, fees paid by specific licensees in the City of Shakopee, estimated cost of staff time relating to liquor licensing, inspections, and police and legal time spent on issues relating to liquor licensing as well as information from other communities of a similar size regarding their fees. A public hearing originally was set for December 6, 1994, and all licensees were mailed the required 30-day notice of the public hearing to consider increasing the fees for intoxicating liquor, wine, 3 .2 beer, and set-up licenses. On November 29, 1994, City Council received a memo from the City Attorney advising that staff had recently become aware that the City of West St . Paul had increased their fees substantially and had been legally challenged. The matter was then before the Court of Appeals, and a decision was expected within 90 days. Since the case would clarify what items can be included in the license fees, and could affect our own calculations, she recommended delaying the scheduled public hearing until after the decision was rendered. Since renewals of liquor licenses would not occur until July 1, 1995, Council concurred with the recommendation and cancelled the public hearing and directed that it be reset after a decision was rendered in the City of West St . Paul case. A decision was rendered in Dunham' s Food & Drink v. City of West St. Paul in early February, 1995 . In that case the Court of Appeals ruled that if an increase in liquor license fees could be supported by evidence of the cost of enforcement, then the fees would be legal . The City of West St . Paul had increased its fees to cover city costs of $90, 604, for items identified above, plus for a "police walk-through program and closing checks" . The walk- through program accounted for more than $77, 000 of the total enforcement costs. Shakopee does not have a walk-through program. We have considered all other cost items identified by the court as permissible in calculating justification for increasing our own fees. Based on the eligible costs identified in the statute and by the court in the West St . Paul case, and based on our own local practices, staff feels that Shakopee' s current license fees are not inadequate to cover the eligible costs. ALTERNATIVES: 1] Set public hearing to consider increasing license fees 2] Leave the license fees as adopted 3] Reduce the license fees RECOMMENDATION: Staff recommends that the liquor license fees for the City of Shakopee not be increased at this time. RECOMMENDED ACTION: Direct staff to notify liquor licensees that license fees are not being increased at this time. H:\WP51\DOCS\JUDY\LIQUOR-2 .FEE -2- 1994 LIQUOR LICENSE FEES PAID License Fees Paid Licensee On Sale Club On Sale Sunday Off Sale Bretbecca $ 4, 390 $ 200 $ 150 Rock Spring Rest . $ 4, 390 $ 200 $ 150 Clair' s Bar $ 3, 705 $ 200 $ 150 Canterbury Park $10, 570 $ 200 $ 150 Dangerfield' s $ 6,445 $ 200 Springers on Main $ 5, 080 $ 200 MIN Hotel Corp. $10, 570 $ 200 Turtle' s Bar $ 5, 765 $ 200 Corp. Tool $ 3, 705 $ 200 Pablo' s Mex. Rest. $ 4, 390 Family Dining $ 150 Riverside Liquors $ 150 Valley Liquor $ 150 Spirits of Shakopee $ 150 American Legion $ 300 $ 200 VFW $ 300 $ 200 Knights of Columbus $ 300 $ 200 7 On Sale Beer licenses issued at $312 each 5 Off Sale Beer Licenses issued at $100 each t ` `` '! 1 (llbt Na. MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer,PkW SUBJECT: Petitions for Street and Storm Sewer Construction DATE: March 21, 1995 INTRODUCTION: Attached is Resolution No. 4194, a resolution declaring adequacy of petition and ordering the preparation of a report for constructing 17th Avenue and Sarazin Street. BACKGROUND: The City has received a petition from the developer of the New Medical Center Subdivision for the construction of street, curb & gutter and storm sewer for 17th Avenue and Sarazin Street adjacent to the plat (see attached map). These improvements were included as "Plan B" Public Improvements in the developer's agreement as allowed for in Section III; Initiation of Public Improvement Projects, Subpart 3; Developer Request of the Special Assessment Policy. The developer has signed a waiver of public hearing, as well as a waiver of right to appeal assessments for this project (see attached petition). The new Medical Center Plat represents approximately 50% of the total frontage of both streets, and as such classifies the developer as a qualified petitioner. ALTERNATIVES: 1. Adopt Resolution No. 4194. 2. Deny Resolution No. 4194. 3. Table for addition information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4194, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Constructing 17th Avenue and Sarazin Street and move its adoption. DMN/pmp MEM4194 RESOLUTION NO. 4194 A Resolution Declaring Adequacy Of Petition And Ordering The Preparation Of A Report For Constructing 17th Avenue And Sarazin Street BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of 17th Avenue and Sarazin Street by construction of streets, curb & gutter and storm sewer adjacent to the new Medical Center Plat, filed with the Council on March 21, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 03/07/95 10:31 FAEGRE AND BENSON -, 94456719 NO.731 903 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS. Is of the The undersigned developer did'ew 14th, day of February , 19 95 , enter into a Developer's Agreement with the City of Shakopee providing for the installation of public improvements. In said agreement, the developer has selected Plan B Improvements which provides that the City install the improvements and assess the costs to the developer owning the property to be benefited in accordance with the developers- agreement. It is understood by the developer that the City ' would be doing the Chapter 429 Public Improvement at the developer's • request and for the developer's convenience and the City would not be installing the improvements contained therein without this waiver. In conformance with the Developer's Agreement, the developer hereby petitions_the City of Shakopee to install the following improvements and to access them pursuant to Minnesota Statutes Chapter 429: Storm Sewer systems within 17th Avenue and Sarazin Street Street construction within 17th Avenue and Sarazin Street for the public streets located within the St. Francis Medical Campus • subdivision. The undersigned developer hereby waives their right to a public hearing prior to Council ordering the improvements and also waives their right to a public hearing prior to the levying of the assessments • related to said improvements and further waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 and in conformance with the Developer's Agreement as a result of the installation of the above improvements. Dated this 1 day of March , 1915.. St. Francis Regional Medical Center //nv1.4- 121./10.: 4j By Its Vice yres�tlPti. flrinCe. 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