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HomeMy WebLinkAbout03/12/1996 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 12, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda • 3] Resolutions of Appreciation 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] Approval of the Minutes of February 13, 20, 27, 1996 8] Communications : 9] 7 : 00 P.M. Public Hearings : a] Proposed vacation of easements within vacated Pierce Street between 3rd and 4th Avenues - Res . 4387 - Continued from February 20th - 10] Recommendations From Boards and Commissions : None 11] Reports from Staff: a] Relocation Consultant Presentation b] Rural Vs Urban Tax District - tabled 1/23 c] Sale of Tobacco Products - Compliance Checks d] The Meadows 4th Addition, Lots 1 & 2, Block 5, Authorize Condemnation Proceedings - Res . No. 4396 e] County and State Highway Turnbacks >f] Staff Resignation - David Nummer, Staff Engineer >g] Termination of Probationary Status - Paul Bilotta h] Community Center Walking Track >i] Met Council Transit Agreement j ] Stop Sign Warrant Studies >k] Lease Agreement - 213 East 1st Avenue (Country Collections) >1] Lease Agreement - 213 1/2 East 1st Avenue (Sports Studio - Steve Lebens) >m] Approve Bills in the Amount of $343, 660. 05 n] Consultant Selection Process >0] TIF District Number 6 TENTATIVE AGENDA March 12, 1996 Page -2- 11] Reports from Staff continued: >p) Agreement With St. Francis Regional Medical Center q] Community Development Department Staffing r] Red Cross Request to Lease Space s] Entry & Testing Agreement With Sprint Telecommunications t] Assistant Facility Manager/Recreation Programmer Position 12] Resolutions and Ordinances: >a] Res . No. 4403 - Amending Fee Schedule for Comp Plan >b] Ord. No. 448 - Creating Two New Precincts >c] Res . No. 4407 - Designating Polling Places >d] Res . No. 4414 - Approving Plans for 17th Ave. and Sarazin Street, Project 1996-1 >e) Res . No. 4396 - Awarding Bids for Vierling Drive from CR-79 to CR-77, Project 1995-6 >f] Res . No. 4408 - Amending the 1996 Fee Schedule Regarding Non Resident Fees 13] Other Business : a] Selection of Work Session Dates b] c] 14] Recess for an executive session to discuss matters covered under attorney-client privilege 15) Re-convene 16] Adjourn to Tuesday, March 19, 1996 at 7 : 00 P.M. Barry Stock Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Non Agenda Informational Items DATE: March 8, 1996 1. Attached is the Building Activity Report for February. 2. Attached is a memorandum from the City Attorney regarding Indian Matters. 3. Attached is a memorandum from the Acting City Administrator regarding waste abatement grant application. 4. Attached is a memorandum from the Acting City Administrator regarding an update on the fire station siting. 5. Attached is a memorandum from the Acting City Administrator regarding the seasonal building inspector position. 6. Attached is the Monthly Project Report from the Acting City Administrator. 7. Attached are the January 8, 22, and February 1, 1996 minutes of the Shakopee Public 'Utilities Commission. 8. Attached is the March calendar of Upcoming Meetings. 9. Attached is the March Business Update From City Hall. 10. Attached are the net tax capacity and rates payable in 1995 and 1996 from the County of Scott. 11. Attached are the EDA Expense and Revenue Reports as of 1/31/96. 12. Attached is the Engineering Department Monthly Progress Report. 13. Attached is correspondence from the Staff Engineer to Scott County regarding street lights on CR 17. 14. Attached is a memorandum from the Planner I regarding notification of adjacent land uses. 15. Attached is a notice from the League of Minnesota Cities regarding the 1996 Safety and Loss Control Workshops. If you'd like to attend any of these workshops please contact Toni by March 25th. 16. Attached is the February Monthly Progress Report from the Community Development Department. 17. Attached is the Police Newsletter for Council review. . i• 14- i CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - FEBRUARY 1996 February 1996 February 1995 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 21 2,008,171 2 5 437,759 Single Family-Septic 2 4 688,724 1 1 271,432 Multiple Dwellings 1 5 627,225 - 1 525,108 (# Units) (YTD Units) (2) (10) - (-) (8) - Dwelling Additions - 1 1,610 - - - Other - - - - - - New Comm. Bldgs 1 1 1,135,414 - 1 90,000 Comm. Bldg. Addns. - - - 1 1 35,000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Garages/Accessory Bldgs. 1 3 52,571 - - - Fences - - - 3 4 15,775 Fireplaces/Wood Stoves 2 2 2,400 1 1 1,000 Grading/Foundation - 1 60,000 - - - Moving - - -- 1 1 - Razing - - - 1 1 1,000 Remodeling (Res. ) 6 9 76,733 6 8 48,812 Remodeling (Comm/Ind. ) 2 6 182,710 2 6 115,200 TOTAL 24 53 4,835,558 18 30 1,541,086 No. YTD. No. YTD. Electrical 40 91 23 58 Plumbing & Heating 57 115 23 46 Total dwelling units in City after completion of all construction permitted to date 5,491 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1996 11639 Novak Fleck 1429 Whitney Street House 95,654 L 12 B 2, Meadows West 1st 11640 Rich Logeais 175 Bluestem Avenue House 77,647 L 5 B 2, Meadows West 1st 11641 Builders Express 450 Sarazin Street Fireplace 900 11642 Thomas Dahlmeir 2128 Granite Drive Remodel 6,000 11643 Edward Swyers 1301 Pondview Court Remodel 8,574 11644 Michael Laumann 145 Bluestem Avenue Remodel 7,805 11645 Char Busch 1323 Sage Lane Remodel 9,879 11646 Rich Logeais 135 Bluestem Avenue House 80,237 L 8 B 2, Meadows West 1st 11647 Olberg Construction 456 Hampton Circle House 167,000 L 3 B 4, Beckrich Park Estates 11648 Bruce Novak 1119 Austin Court Storage Bldg. 11,695 11649 Valleyfair 5605 East Hwy 101 Accommodations Bldg. 1,135,414 11650 Keyland Homes 1497 Homestead Street House 93,575 L 9 B 1, Homestead Ridge 2nd 11651 Novak Fleck 225 Bluestem Avenue House 88,035 L 3 B 2, Meadows West 1st 11652 State Mechanical 1323 Sage Lane Fireplace 1,500 11653 Met-Con Metro 7070 Cretex Avenue Roof 21,510 11654 Monnens Custom Bldrs. 519 So. Market Street Remodel 12,000 11655 Novak Fleck 126 Foxglove Lane House 100,243 L 15 B 2, Meadows West 1st 11656 Keyland Homes 1686 Parkway Avenue House 106,400 L 20 B 3, Prairie Bend 1st 11657 Michael Dropps 1104 Polk Street Remodel 8,475 11658 Paramount Homes 874 Vista Ridge Lane House 202,323 L 1 B 3, Westridge Lake Estates 11659 CIR Homes 464-468 Appleblossom Lane Twinhome 125,445 L 15 B 1, Orchard Park 1st 11660 Rich Logeais 148 Bluestem Avenue West House 80,237 L 3 B 3, Meadows West 2nd 11661 Novak Fleck 107 Bluestem Avenue West House 100,116 L 18 B 2, Meadows West 2nd 11662 Fleming Associates 1205 East 1st Avenue Remodel 50,000 TOTAL: $2,590,664 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL - FROM: Karen Marty, City Attorney DATE : February 28, 1996 RE : Indian Matters Attached is a copy of a Briefing Paper prepared by Don Baur of Perkins Coie . As you will recall, Perkins Coie is handling matters relating to Indian land for the City with the federal Congress . This briefing paper does a nice job of summarizing the issues and the need for continuing involvement . I thought you might find it interesting. For your information, the Shakopee Mdewakanton Sioux Community recently requested information from our Building Official regarding whether there was contamination on a certain 80-acre parcel of land which they do not now own. The usual reason for requesting information relating to contamination is because someone intends to acquire the land. The City' s position in the past has been that the Tribe is welcome to own any land they choose, but we are extremely concerned about any land which is or may be placed into trust status and made tax- and regulation-exempt . This is for your information. If you have any questions about it, please let me know. Signed4-- ' .`/ A uhf Karen Mart , Ci ttorney KEM:bjm [2 8MEMO] Attachment cc : Dennis Kraft Barry Stock 1 I CITY OF SHAKOPEE, MINNESOTA BRIEFING PAPER SHAKOPEE MDEWAKANTON SIOUX TRUST ACQUISITION REQUEST BACKGROUND The Tribe's Request: On May 1, 1995, the Shakopee Mdewakanton Sioux Community submitted a request to the Secretary of the Interior to take into trust on behalf of the Tribe 593 acres of land located within the City of Shakopee, Minnesota. The land is adjacent to the Tribe's existing 750 acre reservation, located in the nearby town of Prior Lake. On its existing reservation, the Tribe owns and operates the highly successful Mystic Lake casino and bingo facilities. The Mystic Lake gaming operations have generated very substantial revenues for this 150-member Tribe. Although the Tribe has not released information about its profits, it is estimated that the casino grossed $500 million in 1993, with a profit margin of nearly 50%. In 1993, each member of the Tribe received a payment of about $400,000. In 1994, each member was paid $500,000 out of the Tribe's casino profits. As a result of the success of the Mystic Lake casino, the Tribe has virtually unlimited financial resources with which to purchase land. While owned in fee, that land is subject to taxation and environmental and regulatory control like any other private property. However, once the land is taken into trust it becomes exempt from state and local taxation and regulation. As a result, Tribal trust land can be developed without regard to zoning requirements, building codes, state and local environmental requirements, and public health and safety standards. In addition, once the land is developed the Tribe is exempt from paying state and local taxes on the property regardless of how extensive the development or substantial the impacts. Thus, the tax base is diminished at the same time burdens on municipal government are growing as a direct result of the development of the trust property. In the case of the Tribe's request, the 593 acres are currently used for agriculture, as the area is currently zoned. The surrounding area is also zoned for agriculture or as "rural residential." The Tribe, however, plans to develop this land for "institutional, commercial, and residential purposes." Although the Tribe has refused to release any details about its plans, the City has learned that the predominant use will be for light industrial development. All of the Tribe's proposed development is dramatically at odds with Shakopee's existing zoning and long-term land use plans. [24044-0001/DA960390.011] 2/9/96 The Tribe's development will also have significant adverse environmental impacts. The land is in the vicinity of several highly valuable and protected wetlands and water courses. The Tribe's development will deplete the water supply for these valuable resources, with resulting impacts on endangered and other sensitive species. The Minnesota Department of Natural Resources and U.S. Environmental Protection Agency have expressed strong concern about these impacts. Other adverse environmental impacts will include increased water, air, and noise pollution. The BIA Decisionmaking Process: The Bureau of Indian Affairs ("BIA") currently has the Tribe's request under review. In response to requests by the City, BIA conducted a public review period. The City of Shakopee, Scott County, and the Governor's Office all have opposed trust status. Overall public opinion is also strongly opposed. The City has taken the position that a full environmental impact statement ("EIS") must be prepared to analyze the consequences of a trust decision that removes this land from state and local controls. BIA has announced that an environmental assessment ("EA"), to be prepared by the Tribe, will be issued for public review to determine the need for an EIS. This EA has not been released. The City has offered to negotiate with the Tribe, but the Tribe has refused to even meet to discuss its trust request or the City's concerns. Although the Tribe's request contains virtually no information on compliance with the BIA regulatory criteria for a trust acquisition, BIA has refused to ask for more information, and the Tribe will not volunteer such information. The City was forced to file a lawsuit to ensure that BIA would not make a quick decision and transfer the land into trust before the City could oppose such action in court. BIA takes the position that once title is executed to transfer the land into trust, the decision is immune from judicial review. The South Dakota Court of Appeals Decision: On November 7, 1995, the Eighth Circuit Court of Appeals issued a decision in South Dakota v. United States Department of the Interior. In that case, the Court ruled that a trust acquisition request granted by BIA was invalid because the legal authority used to make that decision, section 5 of the Indian Reorganization Act, 25 U.S.C. § 265 ("IRA"), was an unconstitutional delegation of legislative authority. The Court reached this result, in part, because BIA argued it had complete discretion under section 5 to rule on a Tribe's request and that no party could challenge this result in court. On February 2, 1996, the Eighth Circuit rejected BIA's request for rehearing on the decision. The Shakopee Mdewakanton Sioux trust acquisition request was submitted to BIA under section 5 of the IRA. Because Minnesota is in the Eighth Circuit, the [21044-0001/DA960390.011] -2- 2/9/96 South Dakota decision is binding on BIA. Unless reversed by the Supreme Court or amended by Congress, land cannot be taken into trust in states within the Eighth Circuit pursuant to section S. • In response to the City's November 16 request, BIA has informally stated that it will suspend its review of the Tribe's request until all litigation appeal options have been completed. Although the Department of the Interior Field Solicitor has advised BIA to suspend all trust acquisition requests in Minnesota, the City has not received a formal response to its November 16 letter. BIA must decide by May 2 whether it will seek Supreme Court review. REQUESTED ACTION As a result of the Eighth Circuit decision, it is unlikely that BIA will grant the Tribe's request until the litigation is resolved. However, BIA has never confirmed in writing or in any formal way that it is not continuing to process the Tribe's request. As a result, the City is uncertain whether it needs to continue gathering data and monitoring the record to respond to the Tribe's request. This uncertainty is causing concern that the City may need to incur additional expense and administrative burdens to respond to the Tribe's request even though BIA's legal authority to consider the request has been invalidated. BIA therefore should be asked to answer the City's November 16 letter and clarify for the record precisely how it intends to handle the Tribe's currently pending request. In addition, it is likely that the Executive Branch will seek legislation to overturn the Eighth Circuit's decision if a Supreme Court appeal is not requested or if the decision is affirmed. The timing of such legislative action is uncertain and is linked to whatever BIA decides to do about seeking Supreme Court review. It is clear, however, that the trust acquisition process is severely flawed and needs to be fixed by Congress. Any new trust acquisition authority must require that: 1) equal consideration be given to the interests of local governments; 2) tribes demonstrate in detail their legitimate need for trust land; 3) trust status be denied to lands purchased with gaming revenues that will be used for profit-generating purposes; 4) full public review, environmental analysis, and consultation with, and concurrence of, state and local governments be obtained; and 5) trust acquisition decisions be made fully reviewable in court. All legislative developments on this issue must be carefully monitored. The interests of the City of Shakopee and similarly situated municipal governments elsewhere in Minnesota and throughout the country will require powerful representation before Congress if trust acquisition legislation is introduced. [24044-0001/DA960390.011] -3- 2/9/96 3 MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Waste Abatement Grant Application(Non Agenda Informational) DATE: March 1, 1996 INTRODUCTION AND BACKGROUND: For the past 11 years the City of Shakopee has sponsored an Annual Clean-up Program. The program has generally been held during the first week in May. Over the past 11 years, the City has received grant funding from Scott County to offset costs associated with the clean-up program. The clean-up program allows Shakopee residents to dispose of recyclable materials and junk at a centralized drop-off location. (Public Works Garage) Gate fees are charged to residents who choose to participate in the program. The combination of grant funds and gate fees have typically more than off set program costs. Staff has submitted a grant application to Scott County to conduct the program again this year. If the City is successful in receiving the grant, Council action will be necessary to authorize the appropriate City officials to execute the grant agreement. Staff expects to hear from Scott County within the next three weeks with respect to our grant application. TO LI MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Fire Station Siting Update (Non-Agenda Informational) DATE: March 5, 1996 INTRODUCTION: On February 6, 1996 the Shakopee City Council directed the appropriate City officials to continue evaluating two sites as possible fire station locations. Staff has ordered the appraisal for the Hauer property located on Vierling Drive. Staff has also had several meetings with representatives from Canterbury Park and Valley Green Business Park regarding the economic development project and possible fire station site located adjacent to County Road 16 and immediately South of Canterbury Park. The Public Works Director has also been evaluating the future needs of the Public Works Department in terms of outdoor storage as they relate to these two sites and our current public works compound. It is anticipated that the appraisal for the Hauer property will be complete around March 22nd. Between now and that time staff will continue to explore the dynamics of the economic development concept for the Valley Green parcel. Staff would like to propose that a worksession be scheduled for early April to present the findings of our research. On the March 19, 1996 City Council agenda staff will list possible worksession dates for the purpose of discussing the fire station siting process in greater detail. MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Seasonal Building Inspector Position(Non-agenda Informational) DATE: March 1, 1996 INTRODUCTION: The 1996 Budget includes funding in the Building Division to hire one additional full time building technician beginning in April. At this time, staff is proceeding to fill a seasonal building inspector position rather than the budgeted full-time Building Technician position. BACKGROUND: Activity in the building department has been on the rise over the past three years. With the completion of the Bloomington Ferry Bridge and the southerly by-pass, we expect to see significant growth in building activity. In addition to expected growth, the State of Minnesota has adopted new regulations for septic tank inspections. These regulations will place an additional workload on our building department staff. Attached is a memo from the Building Official outlining the need for additional staffing in the Building Department. For the past two years, the City has been able to get by with seasonal staffing in the building department. We are fortunate that the individual that we have utilized in the past is again available this year. Section 8 Subd. I of the City's Personnel Policy allows previous temporary employees to be rehired within two years without use of an open application process. Staff will proceed to rehire Ms. Julie Hagen to fill the seasonal building inspection position at this time. Proceeding with this approach will allow us to save advertising costs and will provide additional cost savings since we will delay filling the permanent position. Staff fully expects that we will have to take action to fill the new full-time building technician position by mid May or early June. Staff will keep City Council appraised of the activity in the building department over the course of the next three months. In order to fill the full time permanent position, Council action will be necessary. MEMO TO: Barry Stock Assistant City Administrator FROM: Fulton Schleisman Building Official RE: Building Department Staffing DATE: March 4, 1996 As a follow up to the cover memo with the Building Department Year End Report and your recent response regarding additional staffing, please note the following: The volume, scope and complexity of permits and other duties is now greater than a 3 person department can handle. 1. Therefore, a number of tasks are going undone, including: a. Final inspections and follow up inspections 1) New Homes - 59 each 2) Commercial/Industrial - 8 each 3) Garages - 37 each 4) Decks - 74 each b. Investigation efforts for work without permits. c. Investigation work for change of occupancy (use) of buildings. d. Updating handout materials for customers. e. Taking pictures for property identification cards. f. Foundation inspections for residential construction. 2 . Other by-products of a manpower shortage include: a. Longer turnover time for processing permits. b. Backlog of filing documents into property data files. c. Inability to provide same day inspection service. d. Inability to provide consistent "live" service to telephone callers and service counter customers. 3. Additional upcoming work includes: a. New ISTS (Individual Sewage Treatment Systems) responsibilities as mandated by the Minnesota Pollution Control Agency and the Metropolitan Council. FS/jms *VJ Monthly Project Report - Submitted by Barry Stock March 5, 1996 Project Start Complete Status Comments 1. Perform Employee 11/1 12/1 50% Rec. Dept. Evaluations Complete 2. City Residents Guide 12/15 3/1 70% (Nicole) 3. 5 Yr. Bdlg. Maint. Plan 7/10 12/30 20% 4. Community Center Process 1993 1995 Bldg. Issues 95% Staffing Plan (Fill FT Positions) 90% Staffing (PT) 95% Arena Scheduling 100% Equip. Needs/Purchases 95% User Fee Policies 95% Facility Schedule 100% Family Net Office Agreement 100% Vending Proposal Contracts 100% Arena Ad Sales 80% Concession Stand Agreement 100% Smoke Free Bldg. & Grounds Pollicy 100% ISD 720 Facility Use Agreement 100% Ice Time Rental and Schedule 100% Bldg. Operation Proposals 100% Furnishing/Fixture Assistance Proposals 100% Opening Dedication Events and Advertising 100% 5. Blocks 3 and 4 Rehab Proposal - Country Collections Bldg 80% Create TIF Redevelopment District 100% Property Acquisition 30% Property Relocations 50% Informational Meetings 100% 6. City Newsletter 12/26 2/5 100% Issue #1 3/26 4/15 0% Issue #2 7. Fire Station Project Siting 1/5 4/15 50% Selection of CM and/or Arch. 4/1 4/30 0% Acquisition 5/15 6/15 0% 8. Valley Green Project 2/15 4/15 10% 9. Bldg. Cleaning RFP's 8/8 9/15 90% 10. Non-Union Pay Plan 12/1 12/18 100% 11. Re-evaluation of EDA 1/9 2/6 100% Membership Composition 12. Tenant Leases Blks 3 &4 2/10 3/12 80% 13. Cable Ord. Amendment 3/4 4/15 10% 14. 1996 Cleanup Program 3/1 5/4 10% 15. Public R-O-W Ordinance 3/5 5/30 5% 16. Telecommunication Antenna 3/4 4/15 5% Lease for Water Tower and Land Requested by STV (Sprint) 0. 7 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on January 22 , 1996 in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also present Manager Van Hout . Commissioner Vierling had previously advised she would be absent . Meeting called to order at 4: 50 P.M. by President O'Toole. A document was presented for signature: First Amendment to Easement and Agreement , which clarifies property descriptions of land and easements to he transferred to city ownership from St . Francis Regional Medical Center, for siting water fa the Utilities The document formalizes amendments previously approved Commission. A letter regarding the property which is the site for a future watertank site on C .R. 18 was discussed. The property owner has proposed modifications to the purchase offer. The response will be routed through our real estate agent . The staffing of the Water Department was discussed . Job descriptions will be revised to reflect the modifications discussed. The Commission reviewed the employment contract for the Utility Manager and goals for 1995 . Motion by Unseth, seconded by O'Toole that the meeting be adjourned to 4: 30 P.M. January 29 , 1996 . Motion carried. Attest : 1/2‘ L is an Hout , UtilitieslManager cl Barbara Menden, mission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 8, 1996 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout and Secretary Menden. Commissioner Vierling was absent due to illness. Motion by Unseth, seconded by O'Toole to approve the minutes of the December 4, 1995 regular meeting. Motion carried. Motion by Unseth, seconded by O'Toole to approve the minutes of the December 11 , 1995 Adjourned regular meeting. Motion carried. BILLS READ: City of Shakopee 51,000 .00 Joseph Adams 134.00 American Leak Detection Inc. 75 .00 American Glass & Mirror 178. 32 Americinn Motel 93 . 51 ARAMARK Refreshment Services Inc. 126 .00 Aspen Equipment Co. 112,944.89 R. W. Beck 3,185.85 Big A Auto Parts 52 .23 Border States Industries Inc . 35,754.43 Bro-Tex, Inc. 90.04 B T Office Products International 1,028.10 City of Shakopee 1 ,184. 75 City of Shakopee 594. 30 City of Shakopee 411 .00 Clay' s Printing Service Inc. 298. 55 Communication Auditors / 149 . 77 Cooperative Power Assn. 42, 733.80 Coordinated Business Systems Ltd. 227 . 36 Corporate Trust Operations 111 ,231 . 25 Crown Marking, Inc. 46. 60 DCA, Inc. 150.00 Dalum' s Utility Equipment Co Inc . 544. 53 Deputy Registrar # 135 202. 50 Feed-Rite Controls Inc . 1 ,957 .01 Ray Friedges 7,200.00 Glenwood Inglewood 10. 78 Graybar Electric Co Inc. 1,712.06 Gopher State One-Call, Inc. 346.64 H D R 1,451 .18 Hach Company 146.98 Carole Halmrast 480.00 Terri Hendrixson 5 .00 Dan Hein 10.00 Hennen' s ICO 59.08 Kar Products 89. 36 Ken's Fresh Meats 859.69 Kimball-Midwest 131 . 95 Lano Equipment Inc. 15.25 League of Minn. Cities Insurance Trust 145. 50 Leef Bros. , Inc. 25.76 Logical Development Corp. 66. 56 MMPA 436,214.28 Minn. Dept. of Public Service 45.27 Minn. Dept. of Public Service 292. 58 Minn. Dept. of Public Service 564. 94 Metro Sales inc. 131.00 Minn. Valley Electric Coop. 2,249.09 Minn. Plumbing & Heating Inc. 170.95 Minn. Valley Testing Labs, Inc 279.00 Minnegasco 970.36 Motor Parts Service 28.85 NAPA Auto Parts 74.65 Northern States Power Co. 12,676.98 Northern States Power Co. 24,055.83 Northern States Power Co. 332. 32 Northern States Power Co. 12,212. 53 Northern States Power Co. 983.76 OPM Information Systems 4,113.46 Parkside Printing Inc. 2,971. 72 Petersen-Wisdorf Inc. 1,365.07 Kathy M. Prochaska 35.00 Progressive Consulting Engineers Inc. 810.00 RESCO 2,584.12 Reynolds Welding Supply Co. 229.19 Ribbon Recyclers, Inc. 261.46 Riebs, Coulter & Assoc. , Inc. 13,467.88 Schoell & Madson, Inc . 11,126 . 96 Shakopee Public Utilities Comm. 278.15 Shakopee Public Utilities Comm. 177 . 50 Southwest Suburban Publishing 100.40 Starks Cleaning Services Inc. 72.42 State Compliance & Safety 39. 95 T & R Service 105.00 Total Tool 190.06 Transport WhiteGMC, Inc. 11.72 Turn-Key Communication Services, Inc. 525.00 Twin City Electric Co. 422.47 U. S. West Communications 118.17 Uniforms Unlimited 393. 37 Union Pacific Railroad Co. 1,260.00 Lou Van Hout 63. 50 Viking Electric Supply Inc. 33.02 Voss Lighting 354. 75 Waste Management-Savage 93.13 WaterPro 1,178.87 WESCO 6,920. 38 Wild Iris 154.25 Woodhill Business Products 560.99 Yarusso' s Hardware Co. 308. 78 Judy Young 6,500 . 55 Canterbury Park Holding Corp. 1,740.00 St. Francis Hospital 2,784.00 Shakopee School District # 720 3,616.20 Lou Van Hout 34.00 Motion by O'Toole, seconded by Unseth that the bills be allowed and ordered paid. Motion carried. Manager Van Hout informed the Commission that we had received notification of the grant award by the Department of Public Service which will be implemented through the Cap Agency. Mr. Frank Coulter and Mr. Dick Riebs, from Riebs, Coulter and Associates were present to give a preliminary report on electric load management and conservation. The Commission will take the information under advisement . Liaison Sweeney reported that he had been reappointed to another term as liaison to Shakopee Public Utilities Commission. Mr. Arthur Young, Water Systems Supervisor for the Shakopee Public Utilities Commission died unexpectantly on December 11 , 1995 . He will be missed by all . The Facilities agreement on Shakopee and Blue Lake substation with Northern States Power Co. has been extended by June 30, 1996 . The cost per kilowatt will remain the same as before. The land purchase for the substation site will be closed on in the near future. Once the land has been purchased we will proceed with the substation. Manager Van Hout informed the Commission that well #9 is not currently in use unless for emergencies. The engineers are testing for iron content and other standard operational procedures when you start up a new well . Manager Van Hout informed the Commission that a damage claim from St.Francis Regional Medical Center in the amount of $4.,895.00 will be coming in February. Documentation for the claim is being requested from St . Francis so we can recover from our contractor.' The change order to extend the contract to allow for the addition of the generator will be here for the February meeting along with the contractors partial acceptance for the completed work. A letter from Judy Cox to Manager Van Hout dated December 20 1995 regarding the land transfer to allow St .Francis Regional Medical Center to file with Scott County was acknowledged. Motion by Unseth, seconded by O'Toole to allow for the land transfer as described in the letter of December 20, 1995 , from Judy Cox. Motion carried. Joe Adams reported on building work for the Shakopee Public Utilities Commission building. Greystone Construction has been retained as construction Manager. The roof and door contracts have been awarded and work is to begin at the end of January. The 1995 conservation spending was reported on. A written report will follow for the P February meeting. Total expenditures for 1995 for conservation was $44,000 . 00 . The 1996 projections for conservation spending was discussed. Joe Adams informed the Commission of various programs already in place and asked the Commission for direction on how to proceed. The 96 projections will be approved upon Managers review. A report on the nitrate testing was given. The testing is continuing on a regular basis. All wells are below the problem area. The final reports are available on the Savage/Shiely water issue. Manager Van Hout has one copy available if anyone would like to examine the report in the SPUC office. The reports constitute the end of Savage ' s project. The street lighting request from Jon Albinson due by January 8, 1996 was delayed. Upon further discussion Mr. Albinson will have a letter of agreement drawn up with the language requested by the Shakopee Public Utilities for completion of this matter. It will be reviewed upon its arrival for signature. The 1995 Capitol Improvement Plan status will be available at the February meeting. The 1995 audit work has begun. The proposed changed to the Water Department were discussed. Another meeting will be held to discuss this at a greater length. The Commission was advised of an upcoming proposal to amend the existing agreement to complete the water system on file for property to the East of Valley Fair. A detailed explanation was given by Administrative Assistant Adams regarding this matter. The agreement to begin drug and alcohol testing through the Minnesota Municipal Utilities Association was given to the Commission for their perusal . Motion by Unseth, seconded by O'Toole to approve the contract as submitted. Motion carried. Five fire calls were reported for three hours and fifty minutes. There were no lost time accidents for January, 1996. The next regular meeting of the Shakopee Public Utilities Commission will be held on February 5, 1996 . Motion by O'Toole, seconded by Unseth to adjourn to January 22, 1996 . Motion carried. bitOrk Barbara Menden, Co mission Secretary 1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on February 5, 1996 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout and Secretary Menden. Commissioner Vierling was absent due to illness. Motion by Unseth, seconded by O'Toole to approve the minutes of the February 1 , 1996 adjourned regular meeting. Motion carried. BILLS READ: City of Shakopee 51 ,000.00 ABM Equipment & Supply Inc. 235 .09 ADT Security Systems Inc. 1 ,390 .21 Joseph Adams 12. 74 ARAMARK 122.00 Aspen Equipment Co. 1, 533. 55 A T & T 21.27 A T & T Wireless Services 20.47 Marvin Athmann 28. 74 B T Office Products International 188. 53 Barbarossa & Sons, Inc . 4 ,655 . 49 Benchmark Homes 4. 47 Berens Super Market 127 . 62 Big A Auto Parts 73 . 43 Bill ' s Toggery Inc . 893 . 62 Border States Industries Inc . 24,197 . 77 Calc Type Office Equipment Co . 168 .00 C H Carpenter Lumber 21 . 95 John C. Caliquist 15 . 00 City of Shakopee 17 , 575 .00 City of Shakopee 1 , 219 . 44 Crown Marking Inc . 18 . 11 Cooper Power Systems 14, 684 . 36 Cooperative Power 42 ,006 . 11 DCA, Inc . 150 . 00 Dan ' s Champion Auto Stores 13 . 72 Davies Water Equipment Co. 145 . 67 Dem-Con Landfill , Inc . 76 . 50 Dept . of Natural Resources 3 ,685 . 28 Deputy Registrar #135 13 . 50 Dalum' s Utility Equipment Co . Inc . 275 . 98 EMED Company Inc . 1 , 261 . 87 Feed-Rite Controls, Inc. 618.29 Cindy Fox 5.00 Gopher State One-Call Inc. 203 .14 Graybar Electric Co. Inc. 2,936. 30 Greystone Construction Co. 6,668.00 Hennen' s ICO 9 . 33 High Voltage Testing Labs 573 .87 Ralph Lenzmeier 5 .00 Lano Equipment Inc. 88.22 League of MN Cities Ins. Trust 93 . 95 Leef Bros. , Inc. 25. 70 MMPA MMUA 650 .00 MMUA 10,575 .00 Metro Building Systems, Inc . 49 ,859 .00 Midwest Engine Service 200. 74 Minnesota ' s Bookstore 17 . 95 Minn. Valley Testing Labs, Inc. 165. 00 Motor Parts Service Co. Inc . 360 . 62 NAPA Auto Parts 10 . 64 Northern 45 . 78 Northern States Power Co. 12,603. 10 Northern States Power Co. 332 . 32 Northern States Power Co. 1 ,147 . 77 Parkside Printing Inc. 113 . 61 Petersen-Wisdorf Inc . 8,853 .66 Power Monitors Inc . 1 ,865 . 00 Progressive Consulting Engineers Inc . 112 . 50 RESCO 250 . 27 S M Hentges & Sons Inc . 595 .00 Shakopee Postmaster 5,000.00 Shakopee Public Utilities Commission 25 . 70 Shakopee Public Utilities 113 . 97 Schilz Ornamental Iron 110 . 00 Southwest Suburban Publishing 164 . 54 Spectrum Safety Consultants Inc . 825 .00 Starks Cleaning Service Inc . 108 . 63 Dean Struck 35. 40 Transport Truck Center 412 . 41 Twin City Garage Door Co . 3 ,420 . 00 U S West Communications 721 . 47 Valley Sports 396 . 98 Lou Van Hout 123 . 55 Voss Lighting 56 .23 Warning Lites of MN 43 . 98 Waste Management-Savage 93 . 13 WaterPro 827 . 16 WESCO 15 , 588. 41 Wm. Mueller & Sons, Inc . 68. 58 Yarusso' s Hardware Co. 166.80 Paul Lindahl 460 . 00 Motion by O'Toole, seconded by Unseth that the bills be allowed and ordered paid. Motion carried. A communication from the Minnesota Pollution Control Agency regarding the cleanup rationale for the Anchor Glass Site was acknowledged. A response is expected within thirty days. They will be putting in monitoring wells . Liaison Sweeney asked that the MPCA be advised that Shiely Quarry is within one mile. A memorandum from Judy Cox, City Clerk regarding a code of ethics for City Council members, members of boards and Commissions and individual City officials was acknowledged. A Resolution parallel to the memorandum will be drawn up for approval by the SPUC Commission. Liaison Sweeney introduced Burl Zorn, City Council member to the Commission. He also reported that Dennis Kraft , City Administrator had resigned. A discussion was held on the of assessments on watermain projects. The premise is that watermains being replaced as part of city street improvement projects would be 25% assessed. A discussion followed. The draft agreement relative to the street lighting request from Valley Green Business Park was presented to the Commission. Some changes to the agreement were suggested and the City Attorney would peruse before signature. Manager Van Hout updated the Commission on the land purchase for the watertank site on Co.Rd. 18 . An update on the downtown electric project was tabled to the next meeting. A report was given by Joe Adams on Energy Conservation. The amounts spent for 1995 and on what projects was discussed. Mr. Adams asked for direction on the areas to spend dollars for 1996. 1% of gross revenue must be spent on Energy Conservation. The Shakopee Public Utilities Commission will be advertising for water department jobs in the near future . An agreement to complete water system for ValleyFair was tabled until the next meeting. The draft agreement regarding the generator for St .Francis Regional Medical Center was presented to the Commission. The agreement will be signed by. representatives from the Shakopee Utilities . The agreement regarding late penalties/damages owed to the St .Francis Regional Medical Center was discussed. The agreement will be signed by representatives from the Shakopee Utilities. The contract with the Minnesota Department of Public Service regarding the $5,000 . 00 grant Match, CAP Agency/Christmas in May contract will be signed by Manager Van Hout . The status report on the 1995 Capital Improvement Plan was tabled until the March meeting. The drug/alcohol testing policies were brought before the Commission. We have contracted with Minnesota Municipal Utilities Association to monitor the drug/alcohol testing program. Manager Van Hout and Administrative Assistant Adams are currently looking into retaining a insurance consultant to advise us of different insurance policies pros and cons . Motion by O'Toole, seconded by Unseth to offer Resolution #452 A Resolution Designating Official Depositories of the Shakopee Public Utilities Commission Funds . Ayes: Commissioners O'Toole and Unseth. Nayes: none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #453 A Resolution Designating An Official Means of Publication. Ayes: Commissioners Unseth and O'Toole. Nayes: none. Motion carried. Resolution passed. Motion by Unseth, seconded by O'Toole to offer Resolution #454 A Resolution Setting the Amount of the Trunk Water Charge, Approving of its Collection and Authorizing Water Service to Certain Property Described as Meadows West Second Addition. Ayes: Commissioners O'Toole and Unseth. Nayes: none . Motion carried. Resolution passed. Motion by O' Toole, seconded by Unseth to offer Resolution #455 A Resolution Setting the Amount of the Trunk Water Charge, Approving of its Collection, and Authorizing Water Service to Certain Property Described as Orchard Park First Addition. Ayes: Commissioners Unseth and O'Toole . Nayes : none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution • #456 A Resolution Setting the Amount of the Trunk Water Charge, Approving of Its Collection, and Authorizing Water Service to Certain Property Described as Lot 3 Bik 1 , Arlington Ridge First Addition. Ayes : Commissioners O' Toole and Unseth. Nayes: none. Motion carried. Resolution passed. Motion by O 'Toole, seconded by Unseth to offer Resolution #457 A Resolution Approving Payment for the Pipe Oversizing Costs on the Watermain Project : The Meadows West 2nd Addition. Ayes : Commissioners Unseth and O 'Toole. Nayes : none . Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #458 A Resolution Regulating Salaries . Ayes : Commissioners O'Toole and Unseth. Nayes : none . Motion carried . Resolution passed. There were 8 fire calls for labor time of six hours and 55 minutes . There were no lost time accidents for January, 1996 . The next regular meeting of the Shakopee Public Utilities Commission will be held on Monday, March 5 , 1996 at 4 : 30 P .M. in the Utilities meeting room. Motion by Unseth, seconded by Unseth to adjourn . Motion carries . Barbara Mende , Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on February 5, 1996 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also Liaison Sweeney, Administrative Assistant Adams, Manager Van Haut and Secretary Menden. Commissioner Vierling was absent due to illness . Motion by Unseth, seconded by O'Toole to approve the minutes of the February 1 , 1996 adjourned regular meeting. Motion carried. BILLS READ: City of Shakopee 51 ,000 .00 ABM Equipment & Supply Inc . 235 . 09 ADT Security Systems Inc . 1 ,390 .21 Joseph Adams 12 . 74 ARAMARK 122 .00 Aspen Equipment Co. 1 , 533 . 55 A T & T 21 . 27 A T & T Wireless Services 20 . 47 Marvin Athmann 28. 74 B T Office Products International 188. 53 Barbarossa & Sons, Inc . 4 ,655 .49 Benchmark Homes 4 .47 Berens Super Market 127 . 62 Big A Auto Parts 73. 43 Bill ' s Toggery Inc . 893 . 62 Border States Industries Inc . 24 ,197 . 77 Calc Type Office Equipment Co. 168 .00 C H Carpenter Lumber 21 . 95 John C. Caliquist 15 . 00 City of Shakopee 17 , 575 .00 City of Shakopee 1 , 219 . 44 Crown Marking Inc . 18. 11 Cooper Power Systems 14 ,684 . 36 Cooperative Power 42 ,006 .11 DCA, Inc . 150 . 00 Dan' s Champion Auto Stores 145 . 6713 . 72 Davies Water Equipment Co . Dem-Con Landfill , Inc . 76 . 50 Dept . of Natural Resources 3 ,685 . 28 Deputy Registrar #135 13 . 50 Dalum' s Utility Equipment Co . Inc . 275 . 98 EMED Company Inc . 1 ,261 .87 A communication from the Minnesota Pollution Control Agency. regarding the cleanup rationale for the Anchor Glass Site was acknowledged. A response is expected within thirty days. They will be putting in monitoring wells . Liaison Sweeney asked that the MPCA be advised that Shiely Quarry is within one mile. A memorandum from Judy Cox, City Clerk regarding a code of ethics for City Council members, members of boards and Commissions and individual City officials was acknowledged. A Resolution parallel to the memorandum will be drawn up for approval by the SPUC Commission. Liaison Sweeney introduced Burl Zorn, City Council member to the Commission. He also reported that Dennis Kraft , City Administrator had resigned. A discussion was held on the of assessments on watermain projects. The premise is that watermains being replaced as part of city street improvement projects would be 25% assessed. A discussion followed. The draft agreement relative to the street lighting request from Valley Green Business Park was presented to the Commission. Some changes to the agreement were suggested and the City Attorney would peruse before signature. Manager Van Hout updated the Commission on the land purchase for the watertank site on Co.Rd. 18 . An update on the downtown electric project was tabled to the next meeting. A report was given by Joe Adams on Energy Conservation. The amounts spent for 1995 and on what projects was discussed. Mr. Adams asked for direction on the areas to spend dollars for 1996 . 1% of gross revenue must be spent on Energy Conservation. • The Shakopee Public Utilities Commission will be advertising for water department jobs in the near future . An agreement to complete water system for ValleyFair was tabled until the next meeting. The draft agreement regarding the generator for St .Francis Regional Medical Center was presented to the Commission. The agreement will be signed by representatives from the Shakopee Utilities. The agreement regarding late penalties/damages owed to the St .Francis Regional Medical Center was discussed. The agreement will be signed by representatives from the Shakopee Utilities. The contract with the Minnesota Department of Public Service regarding the $5,000 . 00 grant Match, CAP Agency/Christmas in May contract will be signed by Manager Van Hout . The status report on the 1995 Capital Improvement Plan was tabled until the March meeting. The drug/alcohol testing policies were brought before the Commission. We have contracted with Minnesota Municipal Utilities Association to monitor the drug/alcohol testing program. Manager Van Hout and Administrative Assistant Adams are currently looking into retaining a insurance consultant to advise us of different insurance policies pros and cons. Motion by O'Toole, seconded by Unseth to offer Resolution #452 A Resolution Designating Official Depositories of the Shakopee Public Utilities Commission Funds. Ayes: Commissioners O'Toole and Unseth. Nayes : none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #453 A Resolution Designating An Official Means of Publication. Ayes : Commissioners Unseth and O'Toole. Nayes: none. Motion carried. Resolution passed. Motion by Unseth, seconded by O'Toole to offer Resolution #454 A Resolution Setting the Amount of the Trunk Water Charge, Approving of its Collection and Authorizing Water Service to Certain Property Described as Meadows West Second Addition. Ayes: Commissioners O'Toole and Unseth. Nayes : none . Motion carried . Resolution passed. Motion by O' Toole, seconded by Unseth to offer Resolution #455 A Resolution Setting the Amount of the Trunk Water Charge, Approving of its Collection, and Authorizing Water Service to Certain Property Described as Orchard Park First Addition. Ayes: Commissioners Unseth and O'Toole. Nayes: none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #456 A Resolution Setting the Amount of the Trunk Water Charge, Approving of Its Collection, and Authorizing Water Service to Certain Property Described as Lot 3 Blk 1 , Arlington Ridge First Addition. Ayes : Commissioners O'Toole and Unseth. Nayes: none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #457 A Resolution Approving Payment for the Pipe Oversizing Costs on the Watermain Project : The Meadows West 2nd Addition. Ayes : Commissioners Unseth and O'Toole. Nayes : none. Motion carried. Resolution passed. Motion by O'Toole, seconded by Unseth to offer Resolution #458 A Resolution Regulating Salaries . Ayes: Commissioners O'Toole and Unseth. Nayes : none . Motion carried. Resolution passed. There were 8 fire calls for labor time of six hours and 55 minutes . There were no lost time accidents for January, 1996 . The next regular meeting of the Shakopee Public Utilities Commission will be held on Monday, March 5, 1996 at 4: 30 P.M. in the Utilities meeting room. Motion by Unseth, seconded by Unseth to adjourn. Motion carried. , DstViC 6,V) Barbara Menden, Commission Secretary *kg March 1996 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 4:30 PM SPUC 7:30 PM Planning Commission 10 11 12 13 14 15 16 7:00 PM Cable 6:30 PM EDA Comm/Access 7:00 PM City Corp(Comm. Council Center) 17 18 19 20 21 22 23 7:00 PM City Council 24 25 26 27 28 29 30 7:00 PM Park and Recreation (Comm.Center) 31 February April SMTWT FS SMTWT FS 1 2 3 1 2 3 4 5 6 4 5 6 7 8 9 10 7 8 9 10 11 12 13 11 12 13 14 15 16 17 14 15 16 17 18 19 20 18 19 20 21 22 23 24 21 22 23 24 25 26 27 25 26 27 28 29 28 29 30 Printed by Calendar Creator Plus on 2/28/96 BUSINESS UPDATE FROM CITY HALL Volume 10 No.3 Dear Chamber Member: March 1, 1996 Administration Community Development Dennis Kraft City Administrator recently accepted Staff is currently evaluating sites for the proposed the City Manager position with the City of new fire station. On February 20, 1996 Council Robbinsdale. Mr. Kraft's last day will be March 8, directed staff to prepare for a referendum for the 1996. A farewell reception for Mr. Kraft will be construction of a fire station. The referendum will held in the lower level of Dangerfields on Friday, be held in conjunction with the general election on March 8th between the hours of 4:30 pm and 7:00 November 5, 1996. pm. Staff is analyzing two possible sites for the station. Barry Stock, Assistant City Administrator will serve Site#1 is located on the East end of Vierling Drive as Acting City Administrator until the City near County Road 16. Site#2 is located just South Administrator position can be filled. The of Canterbury Downs on County Road 16. Site#2 administrator position selection process is scheduled is being considered in conjunction with an overall to commence immediately and will take between 60 economic development project that would remedy and 120 days. severe soil condition problems and make the site attractive for development. Staff is recommending City Clerk that the economic development strategy for area around site#2 be pursued regardless of the fire station site selection. More information on the On February 6th the City Council approved 3.2 beer economic development project will be submitted to licenses for Twin Cities Stores dba/Oasis Market. the Economic Development Authority for further The Twin Cities Stores recently acquired the consideration in March. Brooks' Foods Stores. Staff has submitted a grant application to Scott On February 6th the City Council changed the County to off-set costs associated with the Annual March 5th meeting date to March 12th because Community Clean-up Program. If the City is precinct caucuses will be held on March 5th. successful in receiving grant funding, the program will be held on Saturday, May 4th between the hours On February 20th the City Council adopted of 7:30 AM and Noon. The program will be run in a resolutions of appreciation to former manner comparable to previous years. The site for Councilmembers Gary Laurent, Michael Beard, Joan the clean-up day is behind the Public Works building Lynch and Jon Brekke. They also adopted a off of Gorman Street. resolution of appreciation to Dennis R. Kraft, City Administrator, who will be leaving on March 8th. Engineering/Public Works Construction has begun on the Millpond Treatment enhance the overall operating budget for the facility. Basin. This project will improve the quality of the If you would like additional information on the stormwater run off into the Minnesota River. community center hours, membership rates, daily admission fees and/or programs offered, please call Bids were opened on February 20th, for Vierling 445-8244. Drive between C.R. 79 and C.R. 77. The low bidder on this project is F.M. Frattalone of St. Paul. Planning Engineering will recommend to City Council at their March 12th meeting to award the contract to F.J. At its February 8, 1996, meeting, the Board of Frattalone. This project was bid last fill, but with Adjustment and Appeals approved storage, Engineering's recommendation, City Council screening and pulverizing of dirt to be similar to rejected all bids. Staff felt that a lower bid could be other permitted or permitted accessory uses in the achieved by rebidding the project and the February Agricultural Preservation(AG) zone. 20th bid did come in at $80,000 less than last falls bid. At its February 8, 1996, meeting, the Planning Commission recommended approval of the Design has begun on the 1996 Street Reconstruction Westwind 1st Addition Preliminary Plat subject to Project. This project includes the reconstruction of conditions. The Final Plat of Market Place 2nd and 7th from Fuller St. to Sommerville St., Shakopee the Final Plat of Horizon Heights 5th Addition were Ave. from Holmes St. to Main St., 5th Ave. from tabled to the March meeting. Holmes St. to Spencer St., Naumkeag Ave. between 1st and 2nd Avenues and Fillmore St. between 1st Approval was recommended to the City Council on and 2nd Avenues. a zoning amendment to rezone property located in the southwest corner of the bypass and CR 17 from Staff is also preparing feasibility reports for Maras Agricultural Preservation(AG)to Highway Business Street and Gorman Street. (B-1). Park & Recreation Police Recreation Department staff are currently preparing On February 12th the Special Incident Response the program activity guide for the Spring brochure. Team trained at the Dakota Firearms Range, and The brochure is scheduled for distribution in late completed a wall climbing exercise. Later that day March. they conducted entry training at a local church and at the K.C. Hall. Activity at the Shakopee Community Center continues to increase as more and more residents Mayor Henderson and Chief Steininger attended the become aware of the facility and the program first Youth Forum held at the High School. The offerings. Already staff is planning to add two Forum, which will meet monthly, is intended to additional aerobic classes to meet community provide students an opportunity to communicate demand. Additionally, staff has sold prime time ice with government officials. hours through the month of March. Initially, the ice arena portion of the facility was scheduled to close Tom Steininger is the 1996 chairperson of the Scott on March 3rd. Revenue generated from the County Chief's Association. This group meets additional ice time sold in March will certainly monthly to discuss law enforcement related issues affecting Scott County agencies. M /D NET TAX CAPACITY AND RATES PAYABLE IN 1995 COUNTY OF SCOTT, MINNESOTA TAX MARKET TAX MARKET CAPACITY VALUE CAPACITY VALUE CITIES : **VALUATIONS RATE RATE SCHOOL **VALUATIONS RATE RATE Belle Plaine 1, 100, 699 33 .432 Burnsville 6,029,618 80 . 708 Elko 103 , 376 44 . 189 Lakeville 2,510, 126 67 . 779 . 05967 Jordan 838, 382 41 . 667 Bloomington 113, 391 59 . 300 New Market 86 ,236 63 . 685 Le Sueur 23, 300 77 . 157 New Prague 1,641, 707 51 . 775 Henderson 10, 397 65 . 748 Prior Lake 7, 010, 859 36 . 707 . 03508 Belle Plaine 2, 185,519 76 . 784 Rural 25 . 695 Jordan 2,519,407 71 . 350 Savage 7, 174 , 863 29 . 862 Prior Lake 10,993,349 61 . 810 . 06228 Shakopee 10, 033, 358 25 . 245 . Shakopee 11, 077, 160 71 . 179 Rural 12 . 622 New Prague 3,204,531 62 . 745 TOWNSHIPS: SPECIAL DISTRICTS : Belle Plaine 394 , 945 10 . 281 HRA (Shak) 10, 307,221 . 909✓ BP Fire 304 ,243 2 .235 HRA (Ex Shak) 27 , 798,774 . 721 JDN Fire 6,203 7 . 335 Met Council 37 ,064,736 . 577 ,' NP Fire 84,499 1 .574 Mosq Control 38, 105,995 . 405 Blakely 232 , 136 14 . 346 Met Transit Cedar Lake 1, 114 , 672 13 . 672 District 24 ,537,632 3 . 612 NP Fire 847, 028 2 . 011 *Area 12 ,527, 104 . 399 NM Fire 267 ,644 3 .243 Lo MN Water 11, 945,805 . 330 , " Credit River 2,073, 197 10 .244 PL-SL Water 8,265,461 2 . 195 Helena 733, 074 11 .452 Cedar Lk Imp 436,312 . 929 JDN Fire 173, 916 2 . 145 Region 9 Dev 1,041,259 .206 NP Fire 559, 158 2 . 002 Regional RR 38, 105,995 .268 Jackson 513, 092 2 . 074 Louisville 590,275 3 .471 COUNTY 38, 105,995 50 .217 New Market 1,667,627 16 . 145 W/M/O 1,201, 033 .200 CR Water 109,628 1.216 *********** TOTAL /S2,7y2 SC Water 356 , 966 . 373 Sand Creek 808,538 9 . 181 NOTES St. Lawrence 243, 738 14 . 765 BP Fire 99 , 104 2 .542 *********** JDN Fire 144 ,634 2 .205 Spring Lake 2 ,027 , 147 10 . 345 * COUNTY EXCEPT PRIOR LAKE, SAVAGE, SHAKOPEE, NEW PRAGUE ** VALUES ARE ADJUSTED TAX CAPACITIES FROM TABLE X FOR TOTAL RATE ADD: COUNTY,CITY OR TWP, SCHOOL PLUS FIRE AND SPECIAL DISTRICT AS APPLICABLE NET TAX CAPACITY AND RATES PAYABLE IN 1996 COUNTY OF SCOTT, MINNESOTA TAX MARKET TAX MARKET CAPACITY VALUE CAPACITY VALUE CITIEJ: **VALUA'1'RUNS abin RATE SCHOOL *"YA. MAT QNs B RATE Belle Plaine 1, 277, 380 29 .174 Burnsville 7, 375, 430 75. 177 Elko 123 , 182 38.528 Lakeville 2, 932, 063 60.949 .05991 Jordan 836, 002 41.191 Bloomington 115, 741 57 .174 New Market 98, 507 49 .590 Le Sueur 26, 198 64.390 New Prague 1,932,733 .43 .979 Henderson 12, 312 52.588 Prior Lake 8, 298, 037 33 .901 .03209 Belle Plaine 2, 536, 606 65.401 Rural 23 .730 Jordan 2,746, 650 53 .228 .05298 Savage 8, 426,968 26 .573 Prior Lake 12, 877, 687 58.001 .06098 Shakopee 11, 103, 801 22.458 Shakopee 11,734, 305 67.174 Rural 11 .299 New Prague 5, 872, 348 70.091 .05831 TOWNSB Ps: SPECIAL DI8 L CTSS . Belle Plaine 451, 518 9 .269 EDA (Steak) 11 , 236, 342 .911 BP Fire 346, 585 2.704 County HRA 43,500,249 .727-- JDN 727YJDN Fire 7, 008 8.376 Met Council 42,246, 602 .763 - NP Fire 97, 925 2.124 Mosq Control 43, 500, 249 .245 Blakely 273,788 12.580 Met Transit ' Cedar Lake 1, 340, 562 11.197 District 27,991,154 3.1731- NP Fire 1, 016, 727 1 .971 *Area 14, 255,448 .379 NM Fire 323, 835 3.020 Lo MN Water 12,936,016 .313,.- Credit 313'Credit River 2, 334, 115 9 .434 PL-SL Water 9,538, 811 1 .600 Helena 863, 596 9 .567 Cedar Lk Imp 493,059 .802 JDN Fire 212, 176 2.423 Region 9 Dev 1,253,647 .180 NP Fire 651,420 2.262 Regional RR 43, 500,249 .248 W/M/0 863,596 .145 Jackson 527, 677 3.960 Louisville 688,425 2.985 COUNTY 43, 500,249 46 .0601 New Market 1,969 , 925 13.347 NM Fire 1, 969, 925 4 .405 • W/M/0 1,432, 304 .164 CR Water 125,871 1 .034 ******"**** SC Water 411, 750 . 316 Sand Creek 881, 891 9 .532 NOTES T07A1 1y2. 0/2 St. Lawrence 280, 105 13 .466 BP Fire 110,947 2.335 "***•****** JDN Fire 169, 158 1 .862 w/M/O 83,467 .799 Spring Lake 2, 308,775 9 .300 * COUNTY EXCEPT PRIOR LAKE, SAVAGE, SHAKOPEE, NEW PRAGUE ** VALUES ARE ADJUSTED TAX CAPACITIES FROM TABLE X FOR TOTAL RATE ADD; COUNTY,CITY OR TWP, SCHOOL PLUS FIRE AND SPECIAL DISTRICT AS APPLICABLE II t010N001 rl 01 OOOaD 00000000 01 1 01 II lD II N N N O N OD 10 O O O er 0 0 0 0 0 0 0 0 O N II 01 u E-i A II bU w II er er er 0 •"1 er 0 0 0 0 er O o 0 0 0 0 0 0 O W z W N N• N a. 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Ol Z u n oo� al E-4 n II oo� kr ES 404 N N a, H OGZJ N ari r4 Z0 n n r4 1x0H n wry ao u u Ix 0Z0 u c4 D Z u n n U) ri U RC n U) ri C) a N wo n CaO n HW v ) II E+ ) 0) II Ha 4 HCGQ C) II 0 0 o O o O U n o n II 0 0 0 0 0 0 11 0 11 It II • n II 43. ay 1.0 \0 0 0 11 0 n 11 O1 O1 a0 ao 0 0 N ao II W W n r; r, t0 0 0 w w n 0 n E. ,7 II 0 N d' tt' N ri E N 0 1 II 'E IIII 0 0 VT N N N ri II H '.> II ei 4/1. H ›ril Ull V! U Es al Mc4 n U ) owe n n w u w n n n II II n II u n n I n u N II II wu 11 z N 11 It 11 n N n N w u u • a N 11 u II Q 11 II It II II II w m II ii I 0 it H n. 'w H n a IXn4 > Cl) IX El u vn4 al Q co 1 w U) E4 1-4 IX a Q a2 w Z Q N H I1 1.11 I rl COG U a 7-. n Q O II nC�. C4 0 0 H 0 U n(1.1 II ES U w RI N a rl 0 m `Q to o MI N .7 0 n Cs. m Cl) rl (/) r'► U) 0 n [z. CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR FEBRUARY, 1996 Respectfully Submitted 1 ? (#1 Bruce A. Loney diV Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Alley in Block 51 7/95 100% See Narrative Section 4. Vierling Drive,Adams St. 7/94 100% to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 100% 6. Sarazin Street(Viking Steel Rd.) 4/95 95% See Narrative Section 7. Downtown Alley Reconstruction 5/95 75% See Narrative Section 8. P&V Reconstruction 7/95 95% 9. Fuller Street 8/95 80% 10. County Road 16 Utilities 8/95 90% 11. St. Francis Sewer&Water Extension 10/95 99% 12. River District Sewer Rehabilitation 10/95 100% 13. Millpond Water Quality Improvement 2/96 90% Category II- Projects In Design 1. Vierling Drive-C.R. 79 to C.R. 77 5/95 8/95 100% In-House Design (Plans Complete) 2. 1996 Reconstruction 2/96 See Narrative Section 3. St. Francis Streets 1/96 100% See Narrative Section and Storm Sewer Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 2/96 50% See Narrative Section 3. Gorman Street 4. St. Francis Storm Sewer Outfall 3/95 11/95 100% See Narrative Section Category IV- Development Projects In Review 1. Orrin Thompson Concept Review 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates P.U.D. Application 6. Horizon Heights 5th Final Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Dominion Hills 6/93 9/94 85% Wear Course Remaining 2. Stonebrooke 2nd Unknown Unknown 0% 3. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 4. Homestead Ridge 2nd 9/94 10/95 100% Warranty Period 5. Minnesota Valley 8th 9/94 10/95 100% Warranty Period 6. Meadows West 1st Addition 9/94 10/95 100% Warranty Period 7. Prairie Bend 9/94 10/95 95% Restoration and Wear Course Remaining 8. Meadows West 2nd 7/95 90% 9. Orchard Park 1st 7/95 90% 10. Canterbury Pointe 11/95 20% 11. Prairie Bend 2nd Addtn. 4/96 0% Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 90% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 90% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined 6. C.R. 79 (C.R. 14 to C.R. 72) 2/96 11/97 In Concept Design Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Cateory 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street The alley paving has been done with restoration work complete. 3. Alley in Block 51 The project is complete. 6. Sarazin Street(Viking Steel Road) Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. 7. Downtown Alley Reconstruction The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. Anticipated semi-final completion by November 15, 1995 with underground system energized by November 30, 1995. The service conduits are being installed to the buildings. 8. P&V Reconstruction The project is nearly complete with corrective items remaining. 3 9. Fuller Street All utilities have been installed with street base paving complete. 10. County Road 16 Utilities Installation of sewer lines and services is nearing completion. 11. St.Francis Sewer&Water Extension Sanitary sewer and water installation is complete. 12. River District Trunk Sewer Installation of water proof castings on manholes is complete. 13. Mill Pond This project is functionally complete. Restoration of the work area will be completed in the spring. Catej'ory No. 2 - Projects in Desijin 1. Vierling Drive This project has been rebid and will be presented to City Council for award of contract. 2. 1996 Reconstruction Public hearing is scheduled for February 6, 1996. Engineering staff has begun design work on this project. 3. St.Francis Streets and Storm Sewer The construction plans are being prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 4 Catej'ory No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. Staff will be asking Council approval for additional surveying and drainage engineering services to complete the study. 3. Gorman Street Feasibility report information is being collected. 5 �-1 3 SHAKOPEE February 26, 1996 Mr. Bradley Larson Scott County Highway Department 600 Country Trail East Jordan, MN. 55352-9339 Re: Streetlights on County Road 17 (Marschall Road) Dear Mr. Larson: At the February 20, 1996 City Council Meeting, the City Council directed staff to contact the County and request that a warrant study be performed for installing additional lighting on County Road 17 (Marschall Road)between 1st Avenue and 10th Avenue. The City Council felt that the current level of lighting on this roadway was insufficient given the pedestrian traffic in this commercial zone. Please accept this letter as a request from the City to begin the study. If you have any questions or comments, please feel free to contact either Bruce Loney or myself at 445-3650. Sincerely, David M. Nummer Staff Engineer CC: City Council COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 h:\worddocs\ettersVarson.doc WI Li MEMO TO: Barry Stock, Acting City Administrator FROM: Julie Baumann, Planner I 46 DATE: March 12, 1996 RE: Notification of Adjacent Land Uses NON AGENDA INFORMATION INTRODUCTION City Council has requested that staff provide again the research information regarding notifying property owners of the zoning classification and Comprehensive Plan designation for properties adjacent to their own. This memo is a duplicate of the information provided to the City Council at its December 19, 1995, meeting. Staff is currently preparing draft text regarding notification as directed by the City Council. DISCUSSION Staff has contacted the communities of Savage, Eden Prairie, Bloomington, and Prior Lake on this issue. Only one of these four communities mentioned having a notification process in place. The City of Savage requires that either the builder or the builder and the buyer of a new home must sign an Acknowledgment of Surrounding Land Use Plans (attached as Exhibit A). This document states that the property owner has been informed that any adjacent or nearby property may have a land use classification that differs from his/her own. The form goes on to say that it is the responsibility of the property owner to investigate the possibility of differing land use classifications and that such information can be obtained by contacting the Planning Department. The signature approach (previous example) does not provide notification to individuals that are renting (homes, apartments, or townhomes). This information is also not provided to the second, third, and later buyers of a property. Only the original owner is notified. This form is not a legal document, therefore this approach has little legal enforceability. A second approach would be an informational handout. The handout could be attached to building permits that are issued. However, the shortcomings of this alternative are similar to those of the signature approach. The information does not reach renters, individuals that are moving into existing homes, or those not making some type of home improvements to an existing structure. Another alternative would be education of the real estate community, so it may inform its clients when sales are conducted. Members of the real estate community, in most instances, communicate with individuals involved in the first, second, third, and later sales of a home. Again, this approach does not solve the issue of providing information to renters and would only be as successful as the level of participation. In instances of rezonings or other land use actions, some communities require that a notification sign be placed on the property. Issues of responsibility for purchase, addressed. maintenance of the signage installation and gne would also need to be a$ These are not the only options available for notification. There may be other alternatives that could effectively reach these various groups. i:\commdev\cc\1996\cc0312\byrnotifdoc v7, - - _ __ . • Tile(ltyof, . • sycss ' EXHIBIT A • t. • • . '' 1:55 . _ a+ ;t` 1905 `1"+ ` Patch • • `� • v.M• .•• •4a . , • • City of Savage • _. . . • • NT OF. SN O WLEDGEME • - • SURROUNDING LAND USE PLANS •: I understand that property abutting or near my property may have a land use classification. that differs from mine. ' I further understand that it is my responsibility to determine those surrounding land use• . • .: relationships through the investigation of City plans for commercial retail use, collector. streets, county road plans, parks, and other land uses that may affect residential use of my •` - • property. I acknowledge that an investigation of land use relationships can be accomplished by .'•'' : ...•. contacting the.City of Savage Planning Department with inquiries as to the land use plans for. : '.-`:: the vicinity of my purchase.site. . • By acknowledging my responsibility for seeking this information, I understand.that I am not • ,:.' forfeiting my right to take issue with City plans, but am only acting to acquire an accurate.. understanding of contemplated surrounding land uses. • '_ • • Builder/Seller Date ~; • • Buyer • • Date • Buyer Date : : .: h1Rl18RS1FUINitiNG11.ANDUS8.093 . City of Savage •6000 McColl Drive •(County Road 16) •Savage, Minnesota 55878 ' ' Telephone: 612-882-2660 •Fax: 612-888.8656 a , # id :Pict; -mommilif afij-if Q onmammi"—' 145 University Avenue West C4 p U 1,996 of Minnesota Cities St. Paul, MN 55103-2044 oak. LeagueF LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 1996 SAFETY AND LOSS CONTROL WORKSHOPS The 1996 League Workshops are offering interesting new speakers,topics, and a special track for small cities. Some of this year's exciting new topics include: • "Your Money and How to Keep It" • "Snow and Ice Control -Policies, Planning, Performance, and Public Communications" • "Big Employment and Veteran Preference Problems for Small Cities" • "Don't Let Short-Term Help Become a Long-Term Headache!" All cities are invited to attend a one-day workshop on safety and loss prevention issues. Attached is a complete program and the dates/locations for the workshops. These workshops focus on practical steps cities can take to avoid losses and reduce the cost of losses that do occur. Sessions begin at 8:30 a.m. and conclude by 3:30 p.m.. The day is divided into five tracks: Track Time Administrative 8:30 a.m. - 3:30 p.m. Public Works 8:30 a.m. - 11:30P.m. Agents 8:30 a.m. - 11:30 p.m Parks&Recreation 12:30 p.m. - 3:30 p.m. Small Cities 12:30 p.m. - 3:30 p.m. The "Administrative" track contains several issues including: OSHA training requirements, city council discretionary immunity records, electric poles/guy wires liability, loss control tactics for building code administration,provisions and definitions under the Family Medical Leave Act, strategies for organizing safety committees, and worker's compensation issues. A"Hot Topics in Loss Control" session is being offered to answer any additional questions. In response to many cities' requests, a"Small Cities" track has been designed. Although smaller cities often have limited resources and staff, they still need to address loss control issues such as hiring procedures and what information is and is not open to the public according to the data practices law. In addition, suggestions will be given for providing community safety on a shoestring budget. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800)925-1122 TDD(612)281-1290 Fax(612,2�1.1' Discussions in the"Public Works"track are snow and ice control practices, loss control practices for sewer systems, minimizing risk relating to your water systems, and identification of safety problems and solutions. The "Agents"track will assist insurance agents in providing better customer service to cities by giving suggestions for explaining the experience modification factor to a client and issues that should be discussed with cities at renewal time. Speakers will also discuss the most unique features of LMCIT's liability coverage, how it compares to typical CGL policy, and an update on LMCIT boiler and machinery coverage. Topics covered in"Parks and Recreation" address potential chemical hazards, controlling liability associated with swimming beaches and pools,minimizing liability associated with park signage, and risks presented by failing to properly train temporary or seasonal employees. Again,registration is just$15. Each participant will receive a Safety and Loss Control Workshop manual,refreshments, and lunch.-LMCIT encourages all cities to send at least one person to the workshop in your area. Because of the valuable information gathered at these workshops,your city could recoup the registration fee by preventing just one claim. To register,please complete the registration form included with this mailing. For further information, contact Tina Folch-Freiermuth or Ellen Longfellow at the League offices, (800) 925-1122 or(612)215-4069. Approval is pending for POST credits and Commerce Department continuing education credits for insurance agents. co 07, 0 1996 LMCIT Safety and Loss Control Workshops Sites and Locations Dag. City Facility Tuesday, April 2 St. Paul Earle Brown Continuing Education Center U of M St. Paul Campus * 1890 Buford Avenue (612) 624-3275 Wednesday,April 10 Austin Holiday Inn 1701 -4th Street NW (507)433-1000 Thursday,April 11 Worthington Holiday Inn 2015 Humiston Ave (507)372-2991 Wednesday,April 17 St. Louis Park Sheraton Park Place 1500 Park Place Boulevard (612)542-8600 Tuesday, April 23 Hibbing Kahler Park Plaza 1402 East Howard (800)262-3481 Wednesday,April 24 Crookston Northland Inn Highways 2 and 75 North (218)423-7541 Thursday, April 25 Detroit Lakes Holiday Inn Lakeside Highway 10 East (218) 847-2121 Tuesday,April 30 Willmar Holiday Inn 2100 East Highway 12 (612)234-6060 Wednesday,May 1 St. Cloud Civic Center 10 Fourth Avenue South (612)255-7272 * PLEASE NOTE: The Earle Brown Continuing Education Center charges a flat rate of$2.75 for parking in the center's lot. f 0 .., Oo � cj, *-. c'P„ 3 ..:• o o <n , m v, , CD ao o E. i-h°, a 0 Cl. o a r.. n'Fp F -. o ... .. 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REGISTRATION FORM 1996 LMCIT Safety and Loss Control Workshops PLEASE CHECK THE DATE PLEASE CHECK THE MORNING YOU PLAN TO ATTEND: TRACK YOU WANT TO ATTEND: Tuesday,April 2 Administrative-A.M. St. Paul Agents-A.M. Wednesday,April 10 Austin Public Works-A.M. Thursday,April 11 Worthington PLEASE CHECK THE AFTERNOON TRACK YOU WANT TO ATTEND: Wednesday,April 17 St.Louis Park Administrative-P.M. Tuesday,April 23 Small Cities-P.M. Hibbing Parks&Recreation-P.M. Wednesday,April 24 Crookston Registration Fee is$15 per person Thursday,April 25 Detroit Lakes Checks should be made payable to the League of Minnesota Cities and mailed at least one week prior Tuesday,April 30 to the date of the workshop. Please contact Tina Willmar Folch at(612)215-4069 with any questions. Wednesday,May 1 St.Cloud Name: Name: Title/City: Title/City: Mailing Address: Mailing Address: City/State/Zip: City/State/Zip: Phone: _( ) - Phone: ( ) - Mail registration form along with payment to: Finance Department,League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103-2044 # l6 City of Shakopee Community Development Department Monthly Progress Report February 1996 Board of Adjustment and Appeals VARIANCES 0 CUP'S 0 At its February 8, 1996, meeting, the Board of Adjustment and Appeals (BOAA) reviewed a request by Ralph and Deloyce Goode to consider the storing, screening and pulverizing of black dirt as a permitted use within the Agricultural Preservation(AG) zoning district. The BOAA determined that this use should be classified as similar to other permitted and permitted accessory uses within the AG zone. Code Enforcement No. Reported 2 No. Referred Out 2 Planning Dept. Cases 0 Community Development Commission At its meeting on Tuesday, January 23, 1996, the CDC recommended to the City Council that the composition of the EDA be amended to include two City Council members and five citizen members, with the current CDC members to be given priority in appointment under the new structure; and to dissolve the CDC as a separate board. At its February 6, 1996, meeting, the City Council amended the composition of the EDA and dissolved the CDC. Thus, the CDC did not hold a meeting in February and the first regular meeting of the revised EDA will be held on March 12, 1996, at 6:30 p.m. Economic Development Several industrial inquiries were made concerning sites located along TH 101 and in Valley Green Business Park, especially regarding sites with rail access. Commercial inquiries regarding sites along the new Bypass continue to rise. Staff is currently working with developers on preliminary concept plans for commercial development along the Bypass. Staff was directed by the City Council to research the availability of grant funds from the Metropolitan Council's Livable Communities Grant Programs to assist with the redevelopment of Blocks 3 and 4. Staff has contacted Met Council staff and is awaiting further information regarding eligibility criteria for the various grant programs. 2 Other Items • Resident's Guide update(on hold) • Development of commercial and industrial prospect information packet (on hold) • Development of City demographic profile packet (on hold) • Update of incentive programs(on hold) • Streamlining of development processes/developer meetings(on hold) Planning Commission TEXT AMENDMENTS 0 REZONINGS 1 PRELIMINARY PLATS 1 FINAL PLATS 2 PUD's 0 VACATIONS 2 At its February 8, 1996 meeting, the Planning Commission recommended approval to the City Council for the Final Plat of Westwind 1st Addition, subject to conditions and tabled any decisions regarding Market Place 2nd Addition Final Plat and Horizon Heights 5th Addition Final Plat. The Planning Commission recommended approval to the City Council on a zoning amendment to rezone property located in the southwest corner of the bypass and County Road 17 from Agricultural Preservation(AG)to Highway Business(B-1). Two vacation requests were reviewed by the Planning Commission. These vacation requests were regarding drainage and utility easements located directly west of Lot 10, Block 43, Original Shakopee Plat, and on Lot 3, Block 1, Meadows 7th Addition. Approval was recommended to the City Council on both vacation requests. Scott County Economic Development Coalition The Labor Survey of Scott County households is almost complete with an excellent response rate of 50 to 60 households per day. The business survey will be conducted between March 7 and March 15, and staff will be sending out notification letters to all of the businesses prior to that time. The Scott County Economic Development Coalition (SCEDC) held a regular meeting on February 21, 1996, and discussed the issue of affordable housing. The "Rollin' Over the River" mailing was completed, and staff is anticipating that inquiries will go up in response to the mailing. 3 Subdivision Review Committee The Subdivision Review Committee held its first meeting and outlined future meeting dates (approximatelyevery week to two weeks). Staff will be preparing draft sections of the proposed text to the SRC starting in February. Information Services Staff and consultants continue to work ironing out minor bugs in the Civic Center computer system, however, operations have remained largely intact due to the flexibility provided with the City Hall direct link and new redundant system capability. Engineering will soon be adding Pavement Management System (PMS) to the City Hall system. This should reduce the City's street reconstruction costs significantly and pay for itself several times over. The City Council has created a committee to begin looking at the issue of Internet access. • Logis Strategic Advisory Committee (resigned position due to time constraints). • Logis MIS Coordinators Committee (on hold). Other • Adult Uses Ordinance(in progress) • Staff is continuing to revise the Shoreland Regulations to bring them up-to-date with the DNR requirements. • Staff will begin work on 12 code amendments at the beginning of 1996 (on hold). • Staff has requested that the City Council give Downtown issues priority from all boards and commissions in 1996. Implementation is on hold. • Neighborhood Meetings/Planning (on hold) • Staff continues to work with the Metropolitan Council on the proposed MUSA expansion. • Sidewalk and Trail Plan Update(on hold). • Livable Communities Housing Plan (on hold). • Zoning Notification text amendment (being drafted by Legal Dept.). • Traffic Control Sign Plan(on hold). • Downtown Courthouse location support (continuing). is\commdev\progress\1996\finalrpt\feb96.doc 4 City of Shakopee Community Development Department r Monthly Progress Report February 1996 Board of Adjustment and Appeals VARIANCES 0 CUP'S 0 At its February 8, 1996, meeting, the Board of Adjustment and Appeals(BOAA) reviewed a request by Ralph and Deloyce Goode to consider the storing, screening and pulverizing of black dirt as a permitted use within the Agricultural Preservation(AG) zoning district. The BOAA determined that this use should be classified as similar to other permitted and permitted accessory uses within the AG zone. Code Enforcement No. Reported 2 No. Referred Out 2 Planning Dept. Cases 0 Community Development Commission At its meeting on Tuesday, January 23, 1996, the CDC recommended to the City Council that the composition of the EDA be amended to include two City Council members and five citizen members, with the current CDC members to be given priority in appointment under the new structure; and to dissolve the CDC as a separate board. At its February 6, 1996, meeting, the City Council amended the composition of the EDA and dissolved the CDC. Thus, the CDC did not hold a meeting in February and the first regular meeting of the revised EDA will be held on March 12, 1996, at 6:30 p.m. Economic Development Several industrial inquiries were made concerning sites located along TH 101 and in Valley Green Business Park, especially regarding sites with rail access. Commercial inquiries regarding sites along the new Bypass continue to rise. Staff is currently working with developers on preliminary concept plans for commercial development along the Bypass. Staff was directed by the City Council to research the availability of grant funds from the Metropolitan Council's Livable Communities Grant Programs to assist with the redevelopment of Blocks 3 and 4. Staff has contacted Met Council staff and is awaiting further information regarding eligibility criteria for the various grant programs. 2 Other Items • Resident's Guide update (on hold) • Development of commercial and industrial prospect information packet(on hold) • Development of City demographic profile packet (on hold) • Update of incentive programs(on hold) • Streamlining of development processes/developer meetings (on hold) Planning Commission TEXT AMENDMENTS 0 REZONINGS 1 PRELIMINARY PLATS 1 FINAL PLATS 2 PUD's 0 VACATIONS 2 At its February 8, 1996 meeting, the Planning Commission recommended approval to the City Council for the Final Plat of Westwind 1st Addition, subject to conditions and tabled any decisions regarding Market Place 2nd Addition Final Plat and Horizon Heights 5th Addition Final Plat. The Planning Commission recommended approval to the City Council on a zoning amendment to rezone property located in the southwest corner of the bypass and County Road 17 from Agricultural Preservation(AG)to Highway Business (B-1). Two vacation requests were reviewed by the Planning Commission. These vacation requests were regarding drainage and utility easements located directly west of Lot 10, Block 43, Original Shakopee Plat, and on Lot 3, Block 1, Meadows 7th Addition. Approval was recommended to the City Council on both vacation requests. Scott County Economic Development Coalition The Labor Survey of Scott County households is almost complete with an excellent response rate of 50 to 60 households per day. The business survey will be conducted between March 7 and March 15, and staff will be sending out notification letters to all of the businesses prior to that time. The Scott County Economic Development Coalition (SCEDC) held a regular meeting on February 21, 1996, and discussed the issue of affordable housing. The "Rollin' Over the River" mailing was completed, and staff is anticipating that inquiries will go up in response to the mailing. 3 Subdivision Review Committee The Subdivision Review Committee held its first meeting and outlined future meeting dates (approximately every week to two weeks). Staff will be preparing draft sections of the proposed text to the SRC starting in February. Information Services Staff and consultants continue to work ironing out minor bugs in the Civic Center computer system, however, operations have remained largely intact due to the flexibility provided with the City Hall direct link and new redundant system capability. Engineering will soon be adding Pavement Management System (PMS) to the City Hall system. This should reduce the City's street reconstruction costs significantly and pay for itself several times over. The City Council has created a committee to begin looking at the issue of Internet access. • Logis Strategic Advisory Committee (resigned position due to time constraints). • Logis MIS Coordinators Committee(on hold). Other • Adult Uses Ordinance (in progress) • Staff is continuing to revise the Shoreland Regulations to bring them up-to-date with the DNR requirements. • Staff will begin work on 12 code amendments at the beginning of 1996 (on hold). • Staff has requested that the City Council give Downtown issues priority from all boards and commissions in 1996. Implementation is on hold. • Neighborhood Meetings/Planning (on hold) • Staff continues to work with the Metropolitan Council on the proposed MUSA expansion. • Sidewalk and Trail Plan Update(on hold). • Livable Communities Housing Plan (on hold). • Zoning Notification text amendment (being drafted by Legal Dept.). • Traffic Control Sign Plan (on hold). • Downtown Courthouse location support (continuing). is\commdev\progress\1996\finalrpt\feb96.doc 4 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 12, 1996 Oath of Office 1. Roll Call at 6:30 P.M. 2. Approval of the February 6, 1996 minutes 3. Election of Officers 4. Selection of Meeting Date - Amendment to By-laws 5. Property Insurance -Blocks 3 & 4 6. Blocks 3 & 4 -Building Analysis Ratification 7. Approve Bills 8. Other Business a) b) 9. Adjourn 10. 7:00 Council Meeting -Relocation Consultant Presentation Barry A. Stock Deputy Executive Director OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 6, 1996 President Burl Zorn called the meeting to order at 7:06 P.M. with Commissioners Jeff Henderson, Robert Sweeney, Cletus Link, Gary Morke, and Cole VanHorn present. Commissioner DuBois was absent. Also present: Dennis R. Kraft, City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; and Paul Bilotta, Community Development Director. Henderson/VanHorn moved to approve the January 2, 1996 Minutes. Motion carried unanimously. Paul Bilotta explained that the CDC members were concerned about whether the CDC would function as a portion of the FDA, whether membership would transfer, or whether the CDC would function as a separate entity and if so, would the new EDA members be from an other area. The CDC members were concerned as they are kept up to date on many issues. If the two current CDC members that are on the FDA are not retained, the CDC recommended retaining the current status for one year to provide for a transition period. Henderson/VanHorn moved to recommend to the City Council that the CDC be eliminated if the membership composition of the FDA is changed and the two current seats occupied by CDC members be retained and three existing CDC members be appointed to fill the vacant City Council seats. Motion carried with Comm. Sweeney dissenting. Henderson/VanHorn moved to recommend to the City Council that the President of the FDA be appointed by the Mayor and approved by the City Council. Discussion followed. Motion failed with Comm. Zorn, VanHorn, Morke, and Sweeney dissenting. Sweeney/Morke offered Resolution No. 96-4, A Resolution of the Economic Development Authority for the City of Shakopee, Minnesota, Adopting a Set of Real Estate Acquisition Policies and Procedures, and moved its adoption. Chrmn. Zorn suggested deleting the words "or the Executive Director's designee" in paragraphs 6, 7, and 8 of the Real Estate Acquisition Policies and Procedures due to redundancy. Sweeney/Henderson moved to amend Resolution No. 96-4 by deleting the words "or the Executive Director's designee" from paragraphs 6, 7, and 8 of the Real Estate Acquisition Policies and Procedures due to redundancy. Motion carried unanimously. Motion carried unanimously on main motion as amended. Official Proceedings of the February 6, 1996 Shakopee Economic Development Authority Page -2- Henderson/Morke offered Resolution No. 96-3, A Resolution of the Economic Development Authority for the City of Shakopee, Minnesota, Requiring Certain Disclosures, and moved its adoption. Discussion relating to vague verbiage ensued. Henderson/Morke moved to table discussion of the Disclosures Resolution until the City Attorney is present. Motion carried with Chrmn. Zorn dissenting. Sweeney/Henderson offered Resolution No. 96-2, A Resolution of the Economic Development Authority of the City of Shakopee, Minnesota, Designating the Responsible Authority Under the Minnesota Government Data Practices Act, and moved its adoption. Motion carried unanimously. Henderson/Link moved to approve bills in the amount of$41.67 for the EDA General Fund and $110,960.52 for the Blocks 3 &4 Fund. A discussion clarifying funds ensued. Comm. VanHorn stated his objection to $20,000 in relocation fees. Mr. Kraft explained that the law as it pertains to the Federal Relocation Property Assistance Act was followed. Mr. VanHorn requested a copy of the statute which states when relocation fees must be paid. Motion carried unanimously. VanHorn/Henderson moved to direct staff to prepare a briefing for the entire EDA explaining the requirements for paying relocation fees. Motion carried unanimously. Sweeney/Henderson moved to adjourn at 7:44 P.M. Motion carried unanimously. .'th S. Cox .D.A. Secretary Esther TenEyck Recording Secretary 41. 3 MEMO TO: Shakopee Economic Development Authority FROM: Barry A. Stock, Acting City Administrator RE: Election of Officers DATE: March 1, 1996 INTRODUCTION: With the change in composition of the Economic Development Authority(EDA), the City Attorney is recommending that the election of officers for the authority be ri r t any official business of the EDA. BACKGROUND: The by-laws of the Economic Development Authority specify that the officers of the authority shall consist of a President, Vice President, Secretary, Treasurer and an Assistant Treasurer. The President, Vice President, Treasurer and Secretary shall be elected annually. The by-laws also provide that the offices of Secretary and Assistant Treasurer need not be held by a Commissioner. Last year the office of Secretary was held by Judith Cox and the office of Assistant Treasurer was held by Gregg Voxland. Since it is likely that the EDA will be considering a date aside from regular Council meetings to conduct their meetings, Ms. Cox has requested that some other representative of the City be assigned as Secretary. To proceed with the election procedures, the Deputy Executive Director of the EDA shall call for nominations for the President position. Upon completing the election process for the President position the President shall call for nominations and conduct elections for the Vice President position, Treasurer, Assistant Treasurer and Secretary. Staff would recommend that the Community Development Director be considered as a candidate for the Secretary position since this individual will be in regular attendance at the meetings of the EDA. Staff is recommending that Gregg Voxland be elected again to fill the Assistant Treasurer position. I have attached copies of the by-laws of the Economic Development Authority for the benefit of the new commissioners. ACTION REQUESTED: Proceed with the election procedures as setforth herein. BY-LAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA I . Authority. 1 . Name. The legal name of the Authority is The Economic Development Authority for the City of Shakopee, (hereinafter the EDA) , and its governing body shall be called the Board of Commissioners (hereinafter the Board) . 2 . Office . The principal office of the EDA shall be at City Hall, 129 S . Holmes Street, Shakopee, MN 55379 . 3 . Seal . The EDA shall have an official seal . II . Organization. 1 . Officers . The officers of the Authority shall consist of a President, a Vice President, a Secretary, a Treasurer, and an Assistant Treasurer. The President, Vice President, Treasurer, and Secretary shall be elected annually. A Commissioner may not serve as President and Vice President at the same time . The offices of Secretary and Assistant Treasurer need not be held by a Commissioner. 2 . President . The President shall reside at all meetings of the Board. 3 . Vice President. The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and perform all responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. 4 . President Pro Tem. In the event of the absence of inability of the President and the Vice President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tem to preside at such meeting. 5 . Treasurer. The Treasurer shall (1) receive and be responsible for EDA money; (2) be responsible for the acts of the Assistant Treasurer; (3) shall disburse EDA money by check only; (4) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the EDA' s detailed financial statement with its Secretary at least once a year at times set by the EDA. 6 . Assistant Treasurer. The Assistant Treasurer may exercise all powers and perform all responsibilities of the Treasurer if the Treasurer cannot exercise or perform the same due to absence or other inability. 7 . Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the EDA. The Secretary also shall have such additional duties and responsibilities as the Board may from time to time by resolution prescribe. In the absence or inability of the Secretary to act, the Commissioners attending the meeting may elect a Secretary Pro Tem to act in the place of the Secretary. 8 . Election of Officers . Officers shall be elected at the annual meeting immediately after the roll call and approval of the minutes of the previous meeting or meetings . Officers shall take office immediately, and shall hold office until the election and qualification of his or her successor. In the case of vacancy occurring in an office, it shall be filled by election for the unexpired term at any regular or special meeting of the EDA. 9 . Executive Director. The Executive Director of the EDA shall be the City Administrator of the City of Shakopee. Such person shall serve as the chief appointed executive officer of the EDA, and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. 10 . Deputy Executive Director. The Deputy Executive Director of the EDA shall be the Assistant City Administrator of the City of Shakopee. Such person may exercise all powers and perform all responsibilities of the Executive Director if the Executive Director cannot exercise or perform the same due to absence or other inability. 11. Employees . The EDA may hire such employees as it may require, and determine their duties, qualifications, and compensation. III . Procedures . 1 . Annual Meeting. The annual meeting of the Board shall be held at 7 :00 p.m. on the first Tuesday in January of -each year. 2 . Regular Meetings . The Board shall hold regular meetings on the first Tuesday of each month of each year, commencing at 7 :00 p.m. , or at such other time as the Board may determine. 2 3 . Special Meetings . Special meetings of the Board may be called by any two Commissioners or by the Executive Director. The Executive Director or the Secretary shall post notice of any special meeting in the principal office of the EDA no less than three days prior to such special meeting. 4 . Quorum. A quorum shall consist of three Commissioners . In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the EDA. 5 . Adoption of Resolutions . Resolutions of the Board shall be deemed adopted if approved by at least three Commissioners . Resolutions may but need not be read aloud prior to vote taken thereon. 6 . Rules of Procedure. The meetings of the EDA shall be governed by the most recent edition of Robert's Rules of Order. IV. Finances . 1. Checks . An EDA check must be signed by the President and the Treasurer. The check must state the name of the payee and the nature of the claim for which the check is issued. 2 . Financial Statement . The EDA' s detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA' s credits and assets, and its outstanding liabilities in a form required for the financial statements of the City of Shakopee. The EDA shall examine the statement together with the Treasurer' s vouchers. If the EDA finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records. 3 . Audit . The financial statements of the EDA must be prepared, audited, filed, and published or posted in the manner required for the financial statements of the city. The financial statements must permit comparison and reconciliation with the city' s accounts and financial reports . The report must be filed with the state auditor by June 30 of each year. The auditor shall review the report and may accept it or, in the public interest, audit the books of the authority. 4 . Budget . Annually, at a time designated by the City Council, the EDA shall send its budget to the City 3 Council . The budget shall include a detailed written estimate of the amount of money that the EDA expects to need from the City to do EDA business during the next fiscal year. The needed amount is what is needed in excess of any expected receipts from other sources. V. Miscellaneous . 1. Fiscal Year. The fiscal year of the EDA shall be the same as the fiscal year for the City of Shakopee. 2 . Treasurer' s Bond. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the EDA and filed with the Secretary. The bond must be for twice the amount of money likely to be on hand at any one time, as determined at least annually by the EDA, provided that the bond must not exceed $300, 000 . 3 . Annual Report . Annually, at a time and in a form fixed by the City Council, the EDA shall make a written report to the City Council giving a detailed account of - its activities and of its receipts and expenditures during the preceding calendar year, together with additional matters and recommendations it deems advisable for the economic development of the city. 4 . Services. The EDA may contract for the services of consultants, accountants, and others as needed to perform its duties and to exercise its powers. The EDA may use the services of the City Attorney or hire a general counsel, as determined by the Authority. 5 . Purchasing and Facilities. The EDA may purchase the supplies and materials it needs. The City may furnish offices and space, stenographic, clerical, engineering and other assistance to the EDA. 6 . Execution of Contracts. All contracts, notes, and other written agreements or instruments to which the "EDA is a party or signatory or by which the EDA may be bound, shall be executed by the President and the Executive Director. 7. Amendment of Bylaws. These bylaws may be amended by the Board by majority vote of all Commissioners, provided that any such proposed amendment first shall have been delivered to each Commissioner at least five days prior to the meeting at which such amendment is considered. [24EDA] 4 4y MEMO TO: Shakopee Economic Development Authority FROM: Barry A. Stock, Acting City Administrator RE: Selection of Meeting Date-Amendment to By-laws DATE: March 1, 1996 INTRODUCTION: The current by-laws of the Shakopee Economic Development Authority provide for a regular meeting of the authority on the first Tuesday of each month commencing at 7:00 PM. It would be appropriate for the board to determine if the by-laws should be amended to select another date for regular meetings so that they do not conflict with City Council meetings. BACKGROUND: Currently the Shakopee City Council is scheduled to meet on the first and third Tuesday of each month. The regular meeting date and time established by the current by-laws conflicts with the regular City Council meetings. Staff would like to EDA to discuss whether or not an alternate date or time would be more suitable for conducting business of the EDA. In the past, the meetings of the Shakopee Community Development Commission have been held on the third Wednesday of each month at 5:30 PM. Staff would like to suggest that the third Wednesday of each month and a meeting time of 5:30 PM be considered as a possible date and time for the EDA to conduct business. Typically, the Shakopee City Council has scheduled worksessions on the second and fourth Tuesdays of each month. Therefore, staff would not recommend that the EDA meetings be held on any Tuesday. ALTERNATIVES: 1. Amend Section 3 Subdivision 2 of the By-Laws of the Shakopee Economic Development Authority thereby establishing a regular meeting on the third Wednesday of each month of each year, commencing at 5:30 PM, or at such other time as the board may determine. 2. Amend Section 3 Subdivision 2 of the By-Laws of the Shakopee Economic Development Authority selecting some other date and time for regular meetings. 3. Maintain the status quo. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Amend Section 3 Subdivision 2 of the By-Laws of the Shakopee Economic Development Authority thereby establishing a regular meeting on the third Wednesday of each month of each year, commencing at 5:30 PM, or at such other time as the board may determine. S MEMO TO: Shakopee Economic Development Authority FROM: Barry A. Stock, Acting City Administrator RE: Property Insurance -Blocks 3 & 4 DATE: March 1, 1996 INTRODUCTION: On February 13, 1996 City Council directed staff to insure the buildings being acquired in Blocks 3 & 4. EDA ratification of Council's action is being requested at this time. BACKGROUND: In early February the City secured acquisition of several parcels within Blocks 3 & 4. Possession of the property necessitated the need to determine what type of insurance coverage should be placed on the property. Since there were no other schedule meetings of the EDA in February after February 6th, staff took this item to City Council for direction. The Shakopee City Council directed staff to insure the buildings. Since the EDA is the actual property holder, ratification of City Council's action would be appropriate. On February 13, 1996 the City Finance Director requested direction from City Council with respect to the need for property insurance coverage for the parcels recently acquired in Blocks 3 &4. The cost of insurance for the three parcels acquired so far is shown below. The bold numbers reflect the current status of the parcel. Insurance premiums are much higher for vacant property. Occupied Vacant 125 E. 1st Avenue $ 149 $1,337 137 E. 1st Avenue 183 1,647 213 E. 1st Avenue 203 1,823 The premium listed above are for the actual market value (which the EDA just paid) for the parcels. Normal insurance coverage for City buildings is for replacement costs. On February 12th, the Finance Director pointed out that if it is the intention to demolish the buildings, there is no reason to insure at this time. In the event a building would receive significant damage, the cost to replace the building or to bring it up to code without insurance would be significant. The Finance Director pointed out that one reason for insuring the buildings would be to protect the City's investment in the event that the EDA ultimately selects to keep or sell the property. ALTERNATIVES: 1. Move to ratify City Council's action to insure the property acquired in Blocks 3 & 4. 2. Direct the appropriate officials to terminate the insurance coverage on the parcels located in Blocks 3 &4. 3. Table Action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to ratify City Council's action to insure the property acquired in Blocks 3 & 4. 6 MEMO TO: Shakopee EDA FROM: Barry A. Stock, Deputy Executive Director RE: Blocks 3 & 4 -Building Analysis Ratification DATE: March 4, 1996 INTRODUCTION: Last Fall, staff presented a proposal to the CDC and EDA for an engineering evaluation on a parcel located within Blocks 3 &4 to determine approximate costs associated with relocation, demolition and/or relocation. At that time, the EDA selected to defer action on this analysis until such time that a suitable building could be acquired for the analysis. BACKGROUND: At a Committee of the Whole meeting in February, City Council discussed the need for an evaluation on a parcel located within Blocks 3 & 4 for the purpose of identifying approximate costs associated with renovation/relocation and/or rehabilitation. This analysis would provide us with a benchmark for determining the feasibility of renovating, demolishing and/or relocating other structures located within Blocks 3 & 4. The EDA has acquired the property that is presently occupied by the Country Collections Antique Shop. At the Committee of the Whole meeting in February, it was the consensus of City Council that this structure would be suitable for performing the aforementioned analysis. The total proposed cost for the services associated with this analysis is projected at a rate not to exceed $7200 plus reimbursable expenses. BKBM Engineers has excellent qualifications and past experience. Staff is seeking EDA approval to authorize the appropriate EDA officials to take steps necessary to secure the services of BKBM Engineers for the Engineering evaluation at a total cost not to exceed $8,000. ALTERNATIVES: 1. Move to authorize the appropriate EDA officials to take the steps necessary to secure the services of BKBM Engineers to perform an engineering evaluation on the County Collections Antique building at a total cost not to exceed $8,000. 2. Seek additional proposals for the engineering evaluation. 3. Select a different building for the purposes of the evaluation. 4. Table action pending further information from staff. 5. Do not perform an engineering evaluation at this time. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to authorize the appropriate EDA officials to take the steps necessary to secure the services of BKBM Engineers to perform an engineering evaluation on the County Collections Antique building at a total cost not to exceed $8,000. TO: Dennis R. Kraft, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: March 7, 1996 Introduction Attached is a listing of bills paid by the City on behalf of and charged to the EDA and the Blocks 3&4 project for the period 2/1 to 2/29. Action Requested Move to approve bills in the amount of $12.78 for the EDA General Fund and $321,346.86 for the Blocks 3&4 Fund. 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II N II 0 II 0 0 0 0 0 0 II II 0 11 H 0 0 O 0 0 0 U pa H N C K II CO C K U u OX �:oa?NC� n o3Q �;s� ayRayC� U n 0 Z ZJ II- ' u C Z h - ' U II �bH.th -.00 N b HLz7 X00 II u II C = Z OHLL U t" xH ONP-3M=J U in II CII in in in n o7 N O 11 0 O 0 0 0 0 n N . U u II 0 U 0 0 0 0 0 0 II N 0 U 0 0 0 0 0 0 II U U n u U II II II U U II II L�1 yf� 1•.4 N Pi 0 • II u ttli • II LL C0 • II N 0 � t, N 7� rt1 II u n u N th u th U in II • t in in U N 0 N 0 0 0 0 0 0 u II • II II II O n 0 O O O O O U 11 O U 0 0 0 0 0 0 U n N II II N U N II N II u co n GO n n� pot i n ,to �� 103 II in U 70 C) G) in IIPCI0 G) II I II HHth in II I II HHL=] II H U CI-7 I in H I-' U CH N I 0 0 n tn II H UI II t.0O II C) LI '-3 H N N .P .P N N U C) r y 11 - 0 DI 0 - - 0 Di 0 II o n o o Cl 01 W W U II CO II 0 0 co OD lO lO II II 0 0 0 0 Ol 01 .P .P I1 I1 • I1 U u 0 II 0 0 0 0 0 0 II u o II o 0 0 0 0 0 N n u u u II W to N Po Irl II Com) h II 0Z 11 n 1 -I tDi thh UI U H LOh W II ncz w uZ W II o u � y to 0 0 0' 0 0 0 II d y al N 0 u 0 0 0 0 0 0 II ON II o II 0 0 0 0 0 0 II MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Resolutions of Appreciation DATE: March 5, 1996 INTRODUCTION AND BACKGROUND: Attached are resolutions of appreciation for City Council consideration. It is City policy for City Council to adopt a resolution of appreciation for anyone who has served five years or more on a City board or commission when their recent term is expired and they are not re-appointed. Anyone who has served less than five years is sent a letter of thanks from the Mayor. All individuals, for whom a resolution of appreciation has been prepared, have been called and invited to attend the March 12th City Council meeting. RECOMMENDED ACTION: 1] Offer Resolution No. 4409, A Resolution of Appreciation to Jon Albinson, and move its adoption. 2] Offer Resolution No. 4410, A Resolution of Appreciation to Nancy Christensen, and move its adoption. 3] Offer Resolution No. 4411, A Resolution of Appreciation to Bill Harrison, and move its adoption. 4] Offer Resolution No. 4412, A Resolution of Appreciation to James Bastyr, and move its adoption. 5] Offer Resolution No. 4413, A Resolution of Appreciation to Paul Ten Eyck, and move its adoption. RESOLUTION NO. 4410 A RESOLUTION OF APPRECIATION TO NANCY CHRISTENSEN WHEREAS,Nancy Christensen has served on the Planning Commission from January16 16, 1990 until February 29,1996; and WHEREAS,Nancy Christensen has unselfishly contributed many hours of service to the City of Shakopee while serving on the Planning Commission. WHEREAS, Nancy Christensen has served on numerous study committees created over her years of service to assist in the planning of the City; and NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Planning Commission and City staff that the Shakopee City Council does hereby extend to Nancy Christensen the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 4411 A RESOLUTION OF APPRECIATION TO BILL HARRISON WHEREAS, Bill Harrison has served on the Cable Communication Advisory Commission from February 1, 1983 until February 29,1996; and WHEREAS, Bill Harrison also served on the Community Access Corporation Board of Directors; and WHEREAS,Bill Harrison and has unselfishly contributed many hours of service to the City of Shakopee while serving on the Cable Communication Advisory Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Cable Communications Advisory Commission and City staii that the Shakopee City Council does hereby extend to Bill Harrison the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney • RESOLUTION NO. 4409 A RESOLUTION OF APPRECIATION TO JON ALBINSON WHEREAS, Jon Albinson has served on the Community Development Commission from January 17, 1989 until February 29,1996; and WHEREAS,while serving on the Community Development Commission, Jon Albinson did have the opportunity to serve as Chair and Vice-Chair, and has unselfishly contributed many hours of service to the City of Shakopee while serving on the Community Development Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Community Development Commission and City stag that the Shakopee City Council does hereby extend to Jon Albinson the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 4412 A RESOLUTION OF APPRECIATION TO JAMES BASTYR WHEREAS, James Bastyr has served on the Cable Communication Advisory Commission from January 16, 1990 until February 29,1996; and WHEREAS, James Bastyr also served on the Community Access Corporation Board of Directors and during his tenure had the opportunity to serve as its Chair; and WHEREAS, James Bastyr has unselfishly contributed many hours of service to the City of Shakopee while serving on the Cable Communication Advisory Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Cable Communications Advisory Commission and City staff,that the Shakopee City Council does hereby extend to James Bastyr the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 4413 A RESOLUTION OF APPRECIATION TO PAUL TENEYCK WHEREAS, Paul TenEyck has served on the Park&Recreation Advisory Board from its inception in 1990 until the expiration of his second term on February 29, 1996; and • WHEREAS, Paul TenEyck has unselfishly contributed many hours of service to the City of Shakopee while serving on the Park&Recreation Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Park&Recreation Advisory Board and City staf that the Shakopee City Council does hereby extend to Paul TenEyck the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ' RESOLUTION NO. 4405 A RESOLUTION OF COMMENDATION TO GREGG VOXLAND AND THE FINANCE DEPARTMENT STAFF WHEREAS, the City Council of the City of Shakopee is responsible for administering a total annual budget in excess of$14 million; and WHEREAS, the complexity involved in insuring the responsible fiscal management of the City of Shakopee is becoming increasingly more involved as the City of Shakopee experiences consistent growth; and WHEREAS, the responsibility of monitoring internal accounting controls to provide reasonable assurance regarding the physical safe guarding of assets against loss or misuse and maintaining accountability for assets has been effectively managed by the City's Finance Department; and WHEREAS, Mr. Gregg Voxland and his staff have done an outstanding job in ensuring that the financial operations of the City are in order; and WHEREAS, for the 11th consecutive year the City of Shakopee has been awarded a Certificate of Achievement from the Government Finance Officers Association of the United States and Canada which recognizes that the City of Shakopee has achieved the highest standards in government accounting and financial reporting; and WHEREAS, Shakopee is among an elite group of 93 certificate holders out of a possible 2744 cities, counties and townships in Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Mr. Gregg Voxland and the staff of the Shakopee Finance Department are hereby commended for their outstanding performance and commitment in establishing accounting systems and reporting procedures that are fiscally responsible and in the best interests of all residents of the community of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 13, 1996 Mayor Henderson called the meeting to order at 6:19 P.M. with Councilmembers DuBois, Zorn, Sweeney and Link present. Also present: Dennis R. Kraft, City Administrator;Barry Stock, Assistant City Administrator;Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Bruce Loney, Public Works Director; City Engineer. Additional items were added to the agenda: 3a)Property insurance for EDA, 3b) Community Recreation Center grand opening, 3c)Legislative conference for League of Minnesota Cities; Appraisal for fire station property. Mr. Kraft advised City Council of options for filling the city administrator position. He said it would probably cost between $10,000 and $12,000 to hire an executive search firm to handle the full process and provide City Council with a specific number of candidates for them to interview. He said that the Scott County Personnel Department could be used, but that they are restructuring their fees at this time so an estimate on cost is not available. He also said that Council could design their own package so that they do some parts of the recruitment process. He explained the process that the City of Roseville utilized through Labor Relations Associates when they hired him. Discussion ensued on whether or not to appoint a citizens committee to perform the search for a city administrator and to recommend five final candidates for Council to consider. Mayor Henderson proposed holding a worksession for Council to determine goals for a new city administrator with input from Mr. Kraft. Zorn/DuBois moved to form a citizen task force to search for and find candidates for the city administrator position. Discussion ensued on coming up with criteria to be utilized in a selection process. Cncl.DuBois suggested using a professional to come up with the final 10 applicants and then use the citizen committee. Cncl.Sweeney expressed support for utilizing help to come up with the final candidates versus City Council screening all applicants. Motion failed with Cncl.DuBois, Sweeney, and Mayor Henderson opposed to the motion. DuBois/Sweeney moved to conduct a worksession on February 27, 1996 during the Committee of Whole to discuss what process to utilize to fill the city administrator position. Motion carried unanimously. Mr. Kraft was directed to prepare a list of criteria that the Council could consider for recruiting a city administrator. Sweeney/Zorn moved to restate/reiterate the list of acting administrators previously adopted - assistant city administrator, finance director, police chief (Res. No. 4084). Official Proceedings of the February 13, 1996 Shakopee City Council Page -2- Discussion ensued on the affect of the Bureau of Mediation Maintenance of Status Quo Order on the resolution. Zorn/DuBois moved to table the motion until next week. Motion carried unanimously. Discussion ensued on property insurance for the properties recently acquired in Blocks 3 & 4. Zorn/DuBois moved to not insure any buildings that are vacant in Blocks 3 & 4: 125 East First Avenue, 137 East First Avenue, and 213 East First Avenue. Motion failed with Cncl.Zorn in support of the motion. Staff was directed to insure the buildings and to put the matter on the Economic Development Authority agenda for March 12th. Mayor Henderson appraised everyone of the community recreation center grand opening celebration on Saturday. Mayor Henderson appraised the Councilmembers of the League of Minnesota Cities' Legislative Conference on February 29th. Sweeney/DuBois moved to direct staff to get an appraisal of the proposed fire station property identified as Site#2 by Mr. Stock (S of Vierling Drive and W of CR-16). Motion carried unanimously. Mayor Henderson recessed the meeting at 7:05 P.M. for an executive session to discuss matters covered under attorney-client privilege. Mayor Henderson re-convened the meeting at 7:32 P.M. Zorn/DuBois moved to accept the settlement with Mr. Cal Haasken regarding a special assessment appeal to let Mr. Haasken cross the City park by easement and also cross the upper valley drainage way in return for the dismissal of the law suit. Motion carried unanimously. Link/DuBois moved to accept the settlement proposal from Mr. H.R.Spurrier in the amount of $360.10 to satisfy a judgment the City has against him, based upon the figures that he has provided to the City. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Tuesday, February 20, 1996 at 7:00 P.M. The meeting was adjourned at 7:34 P.M. g26 k , J di S. Cox ity Clerk ording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 20, 1996 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Community Development Director; and Bruce Loney, Public Works Director/City Engineer. Sweeney/DuBois offered Resolution No. 4202, A Resolution of Condolences to the Family of Gloria Vierling, and moved its adoption. Mayor Henderson read the resolution. Motion carried unanimously. The following items were added to the agenda: 13a) Metropolitan Council Growth Scenarios, 13b) Metropolitan Living Communities Act, 13c) Council Work Session Discussion. The following item was deleted from the agenda: 12e) Award Bids on Vierling Drive. Sweeney/Zorn moved to approve the agenda as modified. Motion carried unanimously. Mayor Henderson turned the meeting over to Vice-Mayor, Sweeney in order to distribute resolutions of appreciation to former Councilmembers. Zorn/DuBois offered Resolution No. 4390, A Resolution of Appreciation to Jon Brekke, and moved its adoption. Mayor Henderson read the resolution and presented it to Mr. Brekke. Motion carried unanimously. DuBois/Zorn offered Resolution No. 4391, A Resolution of Appreciation to Michael Beard, and moved its adoption. Mayor Henderson read the resolution and presented it to Mr. Beard. Motion carried unanimously. Link/Zorn offered Resolution No. 4392, A Resolution of Appreciation to Joan Lynch, and moved its adoption. Mayor Henderson read the resolution and presented it to Ms. Lynch. Motion carried unanimously. Zorn/Link offered Resolution No. 4393, A Resolution of Appreciation to Gary L. Laurent, and moved its adoption. Mayor Henderson read the resolution. Motion carried unanimously. Link/DuBois offered Resolution No. 4394, A Resolution of Appreciation to the City Administrator Dennis R. Kraft for Outstanding Service to and for the City of Shakopee, and moved its adoption. Mayor Henderson read the resolution and presented it to Mr. Kraft. Motion carried unanimously. Mayor Henderson presented Dennis Kraft with a plaque in recognition of his outstanding accomplishments and years of dedicated service. Official Proceedings of the February 20, 1996 Shakopee City Council Page -2- Vice-Mayor, Sweeney, turned the meeting back to Mayor Henderson. Mike Beard, 8434 Horizon Drive, approached the podium on behalf of the Southwest Transportation Coalition. He reported that, " the STA (Suburban Transit Association) supports the current system of using the local property tax as the funding source for local transit needs. However, the STA believes there is inadequate funding to meet the transit and transportation needs of the future. Therefore, the STA encourages the legislature to enact legislation which would provide an additional source of funding which is stable and encourages local accountability and control." The Messerli and Kramer Law Firm has asked if the City of Shakopee would endorse this position statement on the transit funding solution. He stated that it would be best not to mix transit and highway funds at this time and to encourage local accountability and control. Mr. Beard stated that he would like some direction from the Council. A discussion followed, resulting in a 4-1 vote in support of the STA position statement with Cncl. Zorn opposed. A liaison report was given by Councilmember Zorn. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone in the audience who wished to address the Council on any matter not on the agenda. There was no response. Link/Sweeney moved to approve the Minutes of February 6, 1996. Motion carried unanimously. Sweeney/Zorn moved to receive and file the resignation of Jane DuBois from the Planning Commission effective immediately. Motion carried unanimously. Joel Cole, President, Shakopee Community Arts Council, approached the podium requesting the use of City buildings for an arts festival. He gave a brief schedule of events and stated their purpose is to heighten awareness of the arts. The necessity of liability insurance in the amount of $600,000 was raised. Karen Marty explained that it is standard practice to require this amount of insurance since this would not be a City sponsored event, and that other organizations have also been required to provide the same when using City property. Discussion followed relating to insurance and whether the event could be co-sponsored by the City, thus eliminating the need for the Shakopee Community Arts Council to carry liability insurance. Sweeney/Zorn moved to direct staff to create the necessary documents to allow the Recreation Department to co-sponsor the 1996 Shakopee Area Festival of Arts. Motion carried unanimously. Official Proceedings of the February 20, 1996 Shakopee City Council Page -3- Chuck Fuller, Owner, Shakopee Ballroom and Banquet Center, approached the podium and explained that he has lost many banquets due to fact that he does not have a liquor license. He requested that the city code be amended to allow for the consideration of an additional Class A liquor license. He stated that if he is not awarded the license he may have no other option but to leave the area. Mr. Fuller explained that he expects his business to become strictly Wedding receptions in the near future. Discussion followed. Judith Cox explained the class determination for issuing liquor licenses, stating that each City has their own policy on this. Discussion continued. DuBois/Link moved to direct staff to discuss in a Council work session, how Shakopee classifies liquor licenses compared to the way in which neighboring cities allocate their liquor licenses. Motion carried unanimously. Mayor Henderson directed staff to notify Mr. Fuller when this matter is discussed in a work session. Mr. Loney explained that Enebak, Inc. has requested a change in the hours of operation from 7:00 AM to 10:00 PM Monday through Friday and 9:00 AM to 9:00 PM on Saturday, to 6:00 AM to 11:00 PM, Monday through Saturday in order to accommodate a double shift. Zom/Sweeney moved to waive the noise prevention section of the City Code for Construction Activities (Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to allow construction activities from 6:00 AM to 11:00 PM, Monday through Saturday, until load restrictions are placed on highways and with conditions: 1) approval is contingent upon minimizing noise exposure near residential areas, and 2) if excessive residential complaints are received by the City, the variance can be revoked at the discretion of the City Council. Motion carried unanimously. Mayor Henderson explained that an anonymous communication had been received and stated that anonymous communications are not publicly addressed. The public hearing on the proposed vacation of easements within vacated Pierce Street between 3rd and 4th Avenues was opened by Mayor Henderson. Paul Bilotta stated that the applicant has requested that the public hearing be continued to March 12, 1996. DuBois/Sweeney moved to continue the public hearing on the vacation of a drainage and utility easement located within the vacated right-of-way of Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat, to the March 12, 1996, meeting. Motion carried unanimously. Official Proceedings of the February 20, 1996 Shakopee City Council Page -4- The public hearing on the proposed vacation of easements within Lot 3, Block 1, The Meadows 7th Addition was opened by Mayor Henderson. Paul Bilotta explained that the easement is located along the Upper Valley Drainageway and that the portion being requested to be vacated is not needed. The Planning Commission has recommended approval. There was no one in the audience who spoke regarding the proposed vacation. Mayor Henderson closed the public hearing. Zorn/DuBois offered Resolution No. 4388, A Resolution Vacating A Portion of Drainage and Utility Easement Within Block 1, Meadows 7th Addition, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4389, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for Westwind 1st Addition, and moved its adoption, stating for the record that this was approved by the Planning Commission and recommended by staff. Motion carried with Councilors DuBois and Link abstaining. Mayor Henderson recessed the meeting for a 10 minute break at 8:12 P.M. Mayor Henderson re-convened the meeting at 8:23 P.M. Sweeney/Zorn offered Ordinance No. 447, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Commonly Known as the Southwest Corner of the Southern Bypass and Marschall Road from Agricultural Preservation (AG) to Highway Business (B-1), and moved its adoption, noting that the Planning Commission recommended re-zoning. Motion carried unanimously. Karen Marty stated she would like to change some verbiage in the Savage Joint Powers Agreement. Bruce Loney explained the need for a joint powers agreement with the City of Savage involving storm sewer construction for stormwater runoff out of the Eagle Creek Watershed. He explained that the City's proportionate share will be based upon final cost, but that the estimated cost is $21,547 for storm sewer and$7,941 for the pond. He stated that the City's share is due in the year that we hook on and that we will not be charged interest. Sweeney/Zorn moved to authorize the appropriate City officials to execute the Joint Powers Agreement Between the City of Shakopee and the City of Savage for Storm Sewer Construction Within Eagle Creek 1st Addition, City Project No. 94-02, pending City Attorney approval. Motion carried unanimously. Official Proceedings of the February 20, 1996 Shakopee City Council Page -5- Link/DuBois moved to extend the 12 month time period for Preliminary Plat approval for Horizon Heights and requesting approval of a Final Plat for Horizon Heights 5th Addition by an additional 12 months. Motion carried unanimously. Paul Bilotta stated that there are a number of provisions in the Tree and Woodland Preservation Standards that limit the ability of staff to effectively determine and enforce the intent of the City Council and requested direction for staff. Zorn/Sweeney moved to direct the appropriate City officials to study and draft new standards for tree and woodland preservation that could be enforced. Motion carried unanimously. Barry Stock reported that negotiations with Paragon Cable will commence in March with the possible continuation of the deferrals for unmet obligations through the remainder of the franchise ordinance. A recommendation is expected to be forwarded to the City Council in early April. Zorn/Sweeney moved to authorize the appropriate City officials to execute a lease agreement by and between the City of Shakopee and the Inter Agency Counsel (Family Net) for office space within the Shakopee Recreation Center at a rate of $2,700.00 per year (all inclusive) with the exception of telephone. Motion carried unanimously. Sweeney/DuBois moved to direct staff to begin work on the feasibility report for the SS-H Trunk Sanitary Sewer. Motion carried unanimously. Cncl. Zorn proposed that the City submit a letter of appreciation and accommodation to Gregg Voxland for the accounting practices award the City has received for approximately 10 years in a row. Formal recognition will be given at the next meeting. Link/Zorn moved to approve bills in the amount of$933,889.97. Motion carried unanimously. Zorn/Sweeney moved to approve the transfer of$800,000 from the TIF Trust Fund to the Blocks 3 & 4 Capital Projects Fund and $251,340 from the General Fund to the Recreation Fund. Motion carried unanimously. Barry Stock informed City Council that acquisition of the property at 125 East First Avenue has been secured. It was discovered that there was a tenant with only a verbal agreement. Staff is proposing that this tenant pay $325.00 on a month-to-month basis, and would also be responsible for all utilities with the exception of gas. DuBois/Link moved to authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Dr. Robert F. Janu for the second story of the building located at 125 East First Avenue at a monthly rental rate of$325.00 with the tenant to be responsible for all utilities with the exception of gas. Motion carried unanimously. Official Proceedings of the February 20, 1996 Shakopee City Council Page -6- Zorn/Link moved to authorize the appropriate City officials to prepare and execute a lease by agreement by and between the City of Shakopee and the Shakopee Public Access Corporation for public access studio space in the Shakopee Recreation Center at a rate of$7,200.00 per year (all inclusive) with the exception of telephone. Motion carried unanimously. Judith Cox explained how the election precincts are divided and reported that beginning in 1997 there will be a period of time in which realignment of precincts will be prohibited until after the census and legislative redistricting. She proposed dividing the Third Precinct at Vierling Drive, resulting in approximately 1500 voters for the northerly part of the precinct, and 550 voters for the southerly part of the precinct. She proposed that the Fourth Precinct be divided along County Road 16 along the southerly bypass and along Marschall Road. She proposed that this be one precinct of approximately 1500 voters at this time, with the balance of approximately 700 voters remaining. In addition, new polling places need to be selected for those new precincts. Ms. Cox proposed using the Calvary United Methodist Church located on Vierling Drive as it is within the boundary of the proposed precinct. She also proposed using the Faith Lutheran Church located at County Road 78 and County Road 79, just outside the Third Precinct. She recommended against relocating the Thrift Shop polling place at this time. She explained that a decision as to whether or not polling places will be changed must be made before June, as required by law. Sweeney/Zorn moved to direct staff to prepare the appropriate ordinance and resolution to implement Ms. Cox's recommendations as presented (to create two new precincts and two new polling places). Motion carried unanimously. On February 6th, staff was directed to investigate the street lighting on Marschall Road from 1st Avenue to 10th Avenue. Dave Nummer reported that City Code does not pertain to the existing lighting on Marschall Road because no subdivision or property development activities are taking place. He stated that SPUC does not have a street lighting standard for County Roads, as this issue has not previously been raised. Mr. Nummer stated that upon contacting the County they indicated that their policy is to only install street lights at intersections where traffic signals are being installed. He proposed alternatives for Council consideration: creating new policy direction for staff to implement, contacting other agencies, putting the lights in as a city project, assessed or not assessed, and asked for direction for staff. Jerry Hennen, Owner, Hennen's Cleaners on Marschall Road, approached the podium and expressed concern for the handicapped persons in this area. Discussion relating to lighting studies on County Roads ensued. Zorn/DuBois moved to direct staff to request that Scott County perform a street light warrant study on Marschall Road, from 1st Avenue to 10th Avenue and that they install street lights according to the results of that study. Motion carried unanimously. Official Proceedings of the February 20, 1996 Shakopee City Council Page -7- Zorn/Sweeney moved to direct staff to obtain quotes from SPUC to install street lights in various locations on Marschall Road as determined by the City Council and request that SPUC pay the cost to install the lights. Discussion relating to the placement of lights ensued. Motion carried unanimously. DuBois/Zorn moved to follow the recommendations of the interview committee to fill unexpired terms for various Boards and Commissions when there is a tie. Motion carried unanimously. Councilmembers voted on candidates for expiring terms and Mayor Henderson announced the successful candidates as follows: Planning Commission: (two full terms plus one unexpired term) Jon Brekke DuBois, Henderson, Sweeney, Zorn Mary Romansky DuBois, Henderson, Link, Zorn Edward L. Meilleur : DuBois, Henderson, Link, Zorn Gerry Wolner Link Joan Lynch None Todd Bladow None Bo Spurrier None Park and Recreation Advisory Board: (three full terms) Jeffrey G. Kaley DuBois, Henderson, Link, Sweeney, Zorn Dolores Lebens DuBois, Henderson, Link, Sweeney, Zorn Dean Shaner DuBois, Henderson, Zorn Paul TenEyck • Link, Sweeney Robert Geyen • None Robert Tieben • None Shakopee Public Utilities Commission: (one full term plus one unexpired term) Terry O'Toole • DuBois, Henderson, Link, Sweeney, Zorn Joseph L. Wolf DuBois, Henderson, Link, Zorn Joan Lynch Sweeney James Bastyr • None John Engler • None Dolores Lebens None Official Proceedings of the February 20, 1996 Shakopee City Council Page -8- Police Civil Service Commission: (one full term) Richard Mulcrone : DuBois, Henderson, Link, Sweeney, Zorn Robert Geyen • None Mathew Lehman None Cable Communications Advisory: (two full terms) Don McNeil • Henderson, Link, Sweeney, Zorn Steven Smith Henderson, Link, Sweeney, Zorn James A. Bastyr DuBois Bill Harrison • DuBois Robert Geyen • None Access Corporation Board of Directors: (two full terms) Don McNeil • Henderson, Link, Sweeney, Zorn Steven Smith • Henderson, Link, Sweeney, Zorn James A. Bastyr DuBois Bill Harrison DuBois Robert Geyen • None Zorn/Link nominated Tim Smith to the Board of Review. Motion carried unanimously. Zorn/DuBois offered Resolution No. 4400, A Resolution Appointing Individuals To Various Boards and Commissions with the appropriate results as indicated, and moved its adoption. Motion carried unanimously. Cncl. Sweeney nominated Burl Zorn to the E.D.A. Board. Seconded by Cncl. DuBois. Cncl. DuBois nominated Cletus Link to the E.D.A. Board. Seconded by Cncl. Sweeney. Zorn/Link moved to appoint Councilmembers Zorn and Link to the Economic Development Authority. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4401, A Resolution Amending Resolution No. 4212, Appointing Commissioners To The Economic Development Authority, and moved its adoption. Motion carried unanimously. Cncl. Sweeney nominated Cletus Link to serve on the Board of Review. Seconded by Cncl. DuBois. Official Proceedings of the February 20, 1996 Shakopee City Council Page -9- Cncl. Zorn nominated Robert Sweeney to serve on the Board of Review. Robert Sweeney indicated a preference in allowing someone else to have the opportunity. Cncl. Sweeney nominated Jane DuBois to serve on the Board of Review. Seconded by Cncl. Zorn. Zorn/Sweeney moved to designate Jane DuBois and Cletus Link to serve on the Board of Review. Motion carried unanimously. Gary Morke, 1042 Merrifield, approached the podium and inquired as to who will call the first E.D.A. meeting and who will determine the agenda of the first meeting. Mayor Henderson stated that the agenda will be set by staff and approved by the Chairman and stated that Mr. Zorn is still a member. Discussion followed. Zorn/Link moved that the E.D.A. meeting be held at 6:30 P.M. on March 12th. Motion carried unanimously. (A representative from Conworth Inc. will be invited to the Council meeting to explain the relocation law as it pertains to the acquisition of property in Blocks 3 and 4) As a result of investigation into the possibility of requiring a zoning disclosure at the time of sale of property, staff recommended that all real estate brokerage firms in the City be notified so that they can provide input to the City Council. The effectiveness will depend upon the cooperation of the real estate sales community. Discussion ensued relating to the intent of zoning notification. Zorn/Link moved to direct staff to prepare a City Code amendment requiring all real estate brokers to disclose the zoning of property within 350 feet of the subject property and to notify local real estate brokerage firms when the draft text is prepared so that they may provide comments to the City Council. Paul Bilotta will provide staff with a copy of Prior Lake's disclosure policy. Motion carried unanimously. Barry Stock reported that the demand for ice time drops after March 3rd. He explained that we have the opportunity to schedule additional time beyond March 3rd if we can offer a more competitive rate. He proposed that the fee schedule be amended to allow a prime time rate of $90.00 per hour for March and April, which will more than off-set operating costs during this time. Official Proceedings of the February 20, 1996 Shakopee City Council Page -10- Sweeney/Zorn offered Resolution No. 4399, A Resolution Amending Resolution No. 4365 Adopting The 1996 Fee Schedule, and moved its adoption. Motion carried unanimously. Dennis Kraft gave an overview of the status of the Bureau of Mediation Services negotiations. He reported that the status quo order was reduced from 20 to 8. The unit designation is now a Supervisory Unit. A mail ballot will be sent to each member and a determination made as to whether a unit is formed or if the procedure will be terminated. One impact of this is that employees not in the designated Supervisory Unit are now under the 1996 Pay Plan. Mr. Kraft asked the City Council to affirm the decisions made on the eight positions making up the Supervisory Unit. Mayor Henderson stated that once the amended status quo order is received, the pay plan would be implemented for those not covered by it. DuBois/Link moved to affirm the position of the Shakopee City Council that the positions comprising the Supervisory Unit will include the Public Works Director, the Community Development Director, the Assistant City Administrator, the Finance Director, the Arena Manager, the Police Chief, the Deputy Police Chief, and the Public Works Maintenance Forman. Motion carried with Cncl. Zorn opposed. Mr. Kraft reported that the Board of Directors of the Scott Joint Prosecution Association have agreed to allow Shakopee to become a full voting member. The initial cost has been determined and based upon 29 percent of open cases the projected budget is $80,000. Fine revenues may cover a large portion of the estimated cost, they believe. It is also possible that there will be a 3/4 time position for the Clerk/Typist. Karen Marty stated that there are inconsistencies relating to the number of days required for notice of termination, and the signature blocks need to be changed in the agreement. Zorn/DuBois moved to direct the appropriate City Officials to take the appropriate action to cause the City of Shakopee to become a member of the Scott Joint Prosecution Association and further moved that the City of Shakopee will pay its proportionate share of the costs for membership in this organization, which costs shall be determined by the proportionate share of cases generated by the City of Shakopee. Motion carried unanimously. Sweeney/Link moved to appoint Chris Dellwo to the full-time permanent position of police patrol officer. Motion carried unanimously. Barry Stock reported that the decision to terminate the Kosse lease on February 6, 1996 (as requested by Terri Kosse, Kosse Studio, 137 East 1st Avenue) would result in a loss to the EDA in the amount of$2,600.16. He explained that this is a policy decision for the Economic Develop- ment Authority to consider. Discussion ensued relating to relocation fees and the lease. Official Proceedings of the February 20, 1996 Shakopee City Council Page -11- DuBois/Link moved to recommend to the EDA that the appropriate City officials be authorized to terminate the lease agreement by and between Kosse Studio and the City of Shakopee for the space located at 137 E. First Avenue effective February 6, 1996. Motion carried unanimously. Karen Marty reported that Federal regulation requires the City to provide drug and alcohol testing for commercial motor vehicle drivers. She explained that daily fines may be imposed if this is not done. There is an agreement with Shakopee Public Utilities and the Minnesota Municipal Utilities Association (MMTJA) to provide drug and alcohol testing, and she suggested following SPUC and entering into an agreement with the MMUA to provide testing of City employees. Sweeney/DuBois offered Resolution No. 4367, A Resolution Amending Resolution No. 4213, Adopting A Personnel Handbook, By Revising Section VI. Employee Conduct, A. Appropriate Conduct, Paragraph 7, Drug and Alcohol Policy, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City officials to enter into an agreement with Minnesota Municipal Utilities Association for the provision of drug and alcohol testing. Motion carried unanimously. DuBois/Link offered Resolution No. 4395, A Resolution Setting the Public Hearing Date to Consider the Vacation of Right-of-way, and moved its adoption. (West 1/2 of Cass Street between 3rd and 4th Avenues.) Motion carried unanimously. Dave Nummer explained that the City is limited in the mileage of State Aid highways that can be designated. He proposed revoking the State Aid Route designation for Valley View Road from County Road 83 to County Road 21. The road that has been designated must be removed in order to free up mileage in order to maximize State Aid allocation and utilize State Aid funding for the construction of 17th Avenue. Sweeney/Zorn offered Resolution No. 4397, A Resolution Revoking the State Aid Designation of Valley View Road, from County Road 83 to County Road 21, MSAS 166-109, and moved its adoption. Motion carried unanimously. Zorn/DuBois offered Resolution No. 4398, A Resolution Establishing as a Municipal State Aid Highway, 17th Avenue from County road 17 to County road 83, and moved its adoption. Motion carried unanimously. Mayor Henderson recessed at 10:29 P.M. for a break and re-convened the meeting at 10:41 P.M. Cncl. Zorn stated that the Metropolitan Council has proposed three growth scenarios for adoption which would not be in the best interest of the City. Mr. Zorn inquired as to the limits of City input to the establishment of the growth options. Official Proceedings of the February 20, 1996 Shakopee City Council Page -12- Paul Bilotta explained that the MetCouncil's intent was that the current MUSA (Metropolitan Urban Service Area) expansion process was too restrictive and they were looking for a compromise. The Metropolitan Council redefined the current situation as runaway growth. He stated that the three options are not realistic of growth in Shakopee and recommended that the Council consider these to be more than conceptual and to talk with the representatives at the Metropolitan Council. Cncl. Sweeney stated that this could set a moratorium on growth until 2020, this might be addressed by the possibility of being in a position to sue the Metropolitan Council because of the Chaska Interceptor Agreement. Dennis Kraft explained that Bill Schreiber has pointed this out to the Metropolitan Council. An unidentified gentleman approached the podium and explained that there are different characteristics of the growth. One where there is no growth, encouraging redevelopment in the inner-city areas; the other is to recognize investments in infrastructure. He stated that it was his opinion that things were guided toward investments in infrastructure and that Shakopee would fit into this with the Chaska Interceptor, the bridge crossing, and the bypass. Paul Bilotta explained various staging plans for development, stating that there is some micro- managing to the established growth patterns, but did not know if the Metropolitan Council would be open to changes or not. However, the implementation is the key and needs to be watched. Cncl. Zorn reported that the tax base revitalization program under the Livable Communities Act has some grants that possibly Blocks 3 & 4 and the River Front development could qualify for. He stated that the Livable Communities Demo Program is based on loans the City does not need; and the Housing Incentive Program is a combination of unneeded loans and grants. He suggested staff explore the possibility of qualification to receive a grant under the tax based revitalization program. Paul Bilotta stated that the revitalization program is attractive as the definition of pollution or contaminated area is broader than usual and may deal with asbestos. Discussion ensued relating to changing the format and the name of the Committee of the Whole Meeting to a Council work session with a board room style meeting. DuBois/Link moved to rename the Committee of the Whole meeting to a Council Work Session and to change the format to a board room style meeting. Motion carried unanimously. Mayor Henderson recessed at 10:29 P.M. for an executive session to discuss matters covered under attorney-client privilege. Official Proceedings of the February 20, 1996 Shakopee City Council Page -13- Mayor Henderson re-convened the meeting at 11:34 P.M. No action was taken during the executive session. Link/DuBois moved to direct the City Attorney to proceed to seek a harassment restraining order to keep Mr. Michael P. Varuska from contacting the Police Department directly. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Tuesday, February 27, at 5:00 P.M. Motion carried unanimously. The meeting was adjourned at 11:36 P.M. v•ia, J)• 0/26 J • thS. Cox Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 27, 1996 Mayor Henderson called the meeting to order at 6:34 P.M. with Councilmembers DuBois, Zorn, and Sweeney present. Cncl.Link was absent. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Mayor Henderson acknowledged the City's receipt of a notice from the Bureau of Mediation Services advising of the dismissal of the Maintenance of Status Quo Order relating to the creation of a bargaining unit for supervisory employees. The status quo order no longer exists. (The petition to create the bargaining unit has been withdrawn.) Zorn/Sweeney moved to recommend the appointment of Jim Kephart as a manager to the Lower Minnesota River Watershed District Board of Managers. Motion carried unanimously. Zorn/Sweeney moved to establish a citizen task force chaired by the Mayor consisting of the Mayor plus four citizens one each nominated by each Councilmember with the task of searching for a new city manager. Motion carried unanimously. Sweeney/Zorn moved to remove the restating of Resolution No. 4084, Designating The Acting City Administrator, from the table. Motion carried unanimously. No action was taken thus leaving Resolution 4084 in place. ' Mayor Henderson recessed the meeting for an executive session to discuss matters permitted under attorney-client privilege. The meeting was recessed at 6:40 P.M. Mayor Henderson re-convened the meeting at 7:03 P.M. No action was taken during the executive session. Sweeney/Zorn moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:03 P.M. di tAjj,it j .dx, dith S. Cox Pity Clerk Pity Recording Secretary Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I Al Meeting Date: March 12, 1996 V Re: Vacation of Drainage and Utility Easement Discussion The City has received a petition from Bruce Heinz for the vacation of a drainage and utility easement measuring 32 feet in width by 142 feet in length. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat The City Engineer has commented that the city has storm sewer and a paved alley in this area. An accurate survey showing the location of the storm sewer and alley has been submitted to the City Engineer for review. Upon reviewing the survey, the City Engineer has commented that a portion of the drainage and utility easement must be dedicated to the city as right-of-way. The portion of the easement that must be dedicated as right-of-way includes the northern 10 feet adjacent to 3rd Avenue, a 2 foot strip extending the length of the bituminous alley, and a triangle measuring 33.5 feet in width and 29.7 feet in length (Exhibit A has been attached to illustrate the area to be dedicated as right-of-way). The applicant will be supplying a legal description of the property to be rededicated as right-of-way to staff. At such time as this legal description is provided, staff will be able to prepare the appropriate resolution. A copy of the February 8, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. 4. Direct staff to prepare the appropriate resolution for the vacation request when an accurate legal description is received. Planning Commission Recommendation The Planning Commission has recommended the approval of the vacation request (Alternative No. 1). Action Requested Move to approve the vacation request and direct staff to prepare the appropriate resolution for the vacation request(Alternative Nos. 1 and 4), and move its approval. i:\commdev cc\1996\cc03121vacheinz.doc EXHIBIT A \\ \ SURVET ' Ok=c,,'�B Ti-�!e..t .FQ,13. ; , . rOl �5 MF5 - - - - o _ 1 ., 60 tLtYz • ,4 ,,,/ AREA TO�'-OF DEDICAWAY'T`E'D AS 3 RIGHT ' O CO 1 1. 6/7),,, Z 4/7 / 5 / / O. a 0 a ,:r cal ,. . , ,,.. _> 0 , ..., ...„. 4" ,...,, 0 7 10 czt✓ 10v r 0 +~ \slj lPLAT Bearings ar assumed (gip1"" Goo S:1 v 0 a" E. 331 Q ubject to easements of record if any e›() i`q,�O nes ._.-- l( \j F4----- O Denotes set or found iron pipe monuments `.- ' Cikel.NEA- .e'9C'' f} Denotes set wood hub and tack Proposed garage floor elevation 1B40 Denotes existing elevation Proposed top of block elevation 08,4.0 Denotes proposed finish grade elevation Denotes direction of surface drainage Proposed lowest floor elevation t. /5eoev nu 2Ve(2:i I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 9f1O,Block 43, S�AKOPEE , cCoTT County, Minnesota as on file and of record in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: t-F. A 41 ,199ZDV ' ' ! , i til di ' i 7 i , x Allan R. Hastings Minnesota Registration No. 17009 121 Lewis Street S. Suite No. 102 Shakopee, Minnesota 55379 Phone 612 445 4027 / As/EET & DEINARD (TUE) 9. 2' 97 9:39/ST. 9:25/NO. 4260433494 P 3 79". 't#S. River Center Project Development Agreement Project Summary: • EDA retains ownership of Blocks 3 and 4. • Ground Lease to the HRA • Project constructed in accordance with the City's design criteria • 30 year lease with a master tenant,with 12 month(18 months in first year)rental guarantee from partners of tenant Financing, Summary: • Housing financed with: Housing Development Gross Revenue Bonds $3,240,000 Housing Development Revenue Bonds(Shakopee General Obligation) HRA Special Benefit Tax Bonds • Retail financed with: Commercial Development Gross Revenue Bonds $2,115,000 Tax Increment Revenue Bonds(Shakopee Generdl Obligation) HRA Special Benefit Tax Bonds Local tax-increment match(approximately$50,000) • Any payments made by the City pursuant to its general obligation pledge would be repaid, with interest from Surplus Revenues or certain available amounts from the HRA's special benefits tax levy CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Downtown/ 1st Avenue Ad Hoc Committee DATE: August 27, 1997 Introduction and Background: At its May 6th Regular Meeting, the EDA directed staff to advertise for five openings on the Downtown/ 1st Avenue Ad Hoc Committee. The committee will be comprised of the five volunteers in addition to one EDA member and the Economic Development Coordinator. Advertisements were placed in multiple editions of the Shakopee Valley News, and aired over the Shakopee community cable channel. There were no applicants as a result of the advertising. However, staff was able to recruit applicants through direct marketing tactics. Letters and applications were mailed to approximately 75 business / property owners in the target area, followed up with phone calls and/or personal visits. This effort generated twelve applicants. Their applications are attached to this memo. For the EDA's information, four additional prospective volunteers, as outlined on the attached list, have indicated that they will submit their applications the week of August 31 - September 6. Assuming the additional four applications are submitted, the total number of applicants is sixteen. The EDA is asked to nominate and appoint applicants to the Downtown/ 1st Avenue Ad Hoc Committee. Options: 1. Offer and pass a motion to nominate all 16 applicants to the Downtown/ 1st Avenue Ad Hoc Committee, contingent upon receiving the additional four applications, and appoint a Selection Committee comprised of EDA board members and city staff to interview all applicants and select 5 or more (EDA should specify if more)to become Ad Hoc Committee members,to be brought back to the EDA at a future meeting for final approval. 2. Offer and pass a motion to nominate the 12 applicants (whose applications the City has received)to the Downtown/ 1st Avenue Ad Hoc Committee, and appoint a Selection Committee comprised of EDA board members and city staff adhocmo4.doc Page 2-Downtown/1st Avenue Ad Hoc Committee Options (continued): to interview all applicants and select 5 or more (EDA should specify if more)to become Ad Hoc Committee members,to be brought back to the EDA at a future meeting for final approval. 3. Do not appoint a selection committee; offer and pass a motion to nominate and appoint all 16 applicants, contingent upon receiving the additional four applications,to the Downtown/ 1st Avenue Ad Hoc Committee. 4. Do not appoint a selection committee; offer and pass a motion to nominate and appoint the 12 applicants(whose applications the City has received)to the Downtown/ 1st Avenue Ad Hoc Committee. 5. Table the matter and request additional information from staff. Action Requested: Direction to staff regarding the alternative the EDA wishes to pursue. p /I y —� Paul Snook Economic Development Coordinator adhocmo4.doc 1 . �1 doll do(QAi)sva. Name: 5-7 ,OGt Address: 8- S"Zs'a RV� �'�I.P�, 9 Phone: (H) 5.3S-2-//7 (B) 914c'--7O 1I How long have you been a Shakopee Resident? JCOs, Hi ( £ Ll ! IH.iG a Occupation: Ay Does your work require you to travel? (Check one) A great deal Periodically Xj `Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) C2, iet.c _ �,� hQ P S 7'sfe/ /huki��r��� .a aP /avidde,e,iymii- 6, f-AA -�rel& t /k /1 a/-e I IeJ Qi 4,,A /" SQA�1� a pile' h°VA /Q:Q [2 X. 3740;5 /u k,es-,i lir W yd,t sacGersh 4124 ✓ S/, / Board or Comissio min which you are interested? 1.&l4 )D Gdl4 1o_ �io�. /�oc �p•p r17 - Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 07A-,u,t -e-s" ils U ►9 ha) 01-40, ,w , i,- 44.-ie4 4"; ` fir-a141' i a C�' Clr � � �� �orf .eSfe� QJ Conflict of interest is defined as the participation in any activity, recommended action, or decision from -which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No )O . If yes, please provide the details on a separate sheet of paper . r ti Please list three references°yOame, Address, Phone) : 1. ñf2d1- 2 . X4 ,, o °h ' w- 1;/46 - Pi33 3 - IN/al Kir-g-eia-#-C> •rhelcoiLte, 1,0 . V5'6- 81)3 P I hereby ce tify that the facts within the foregoing application are tru a ct t e .best of my knowledge. ...f.5; Signature 7zv5'7 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 — cV - ---- 525 East First Avenue S.John Roach • P.O. Box 389 Attorney Shakopee, MN 55379-1503 (612)445-3044 --. Virginia Ringgenberg Fax:445-7812 Paralegal July 24, 1997 Mr. Paul Snook Economic Development Coordinator City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Dear Paul: Pursuant to our telephone discussion of yesterday, I enclose my application for appointment to the Downtown/lst Avenue Revitalization Ad Hoc Committee. As we discussed also, I am a resident of Robbinsdale but would be happy to serve on this Committee if that is the wish of the City of Shakopee. Thank you very much for the opportunity. Sinc ely;T' 6--) S. ` OHN OACH Attorney at Law JSR:vr Encl. Name :4E77%- !til! / Address: ,&/Z Z.. .e SiAflT SW— �t, � ; mi' ss3 Phone: (H) c3 — !©4 (B) r40 td-ye_ _ How long have you been a Shakopee Resident?4 Occupation: e/W-A i 2/74,44 _5- „W&,1LT' S7 2 Does your work require you to travel? (Check one) A great deal Periodically t/Very Little None Do you have any special interests or training which you feel a particular boar. or commission could use? (Use a separate sh-et if necessary) ' tcdi LG ' / / 1 Board or C. i-ssion--in which you are interested? %/ jiW4/k1. Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No/A/ If yes, please provide the details on a separate sheet of paper . F Please list three references (Name, Address, Phone) : .._Ufitildilai3P /f /r. 2 *V& k/Wrieiadiela 3•i'9/v65Au m'rb *747544v, I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. sr Si. ature ) ,:// /f91 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South- Shakopee, MN 55379 DV-Z- Name : 6.u.Ct- GCjI.ti�QiZ'L� Address : ii c Phone : (H) `. 7j f-{.� C� 7 1 O (B) ? J How long have you been a Shakopee Resident? 2 d C � �J r Occupation: 60,,k_oi� Does your work require you to travel? (Check one) A great deal Periodically Very Little4'7 None Do you have any special interests or training which you feel a particular board or commission could use? (Use a se�arate sheet if necessary) G� l�'�/ �, (Jj�!1✓uuJ �J 0- �" • Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 6 .t_ tu-,. .„,„,,Le,04 _ ?J h t „...4 /0.-.../f,i„...., „h../ - e„.....„, „„4,110,„6v Conflict of interest is defined as the participation in any activity, recommended action, or decision from -which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes f \ No If yes, please provide the details on a separate sheet of paper . C49441fr"4-4) Please list three references (Name, Address, Phone) : 4 -14 /.7(00 A . $ �J4, l2so <NS-139 2 4 ( 1 Z ci .s, 4,. 16623gZ i ld./1/•-(, 10 ,eol-r-/2-4-09,1- 1)(: I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . Signature iiiq 7 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 (9 �� � Name : lll/Z7dgeLG Address: /4 97 i A /ig/ , ?b /41,497(1116 Phone : (H) 9V9 (B) ��� 49‘'60 How long have you been a Shakopee Resident? A417— j60 5. r Occupation: �G/I//(ILS oeani Does your work require you to travel? (Check one) A great deal Periodically t/ Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if/necessary) . 'f Z/plc°" /& /Xt14V /72 / ilZ -�IIP�-• nCJL/ I. 3/w/K- e /TWI 4w/1-vox) f --77?-11--/,A4S6 Board or Commission in which you are interested? I d ArIta di'1/Z 7ayd '/ 0 , '> Af Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: okel/ l e 71€YA/S' Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes ✓ No If yes, please provide the details on a separate sheet of paper . r ey/wz Aa t rt ' ,wee=X Please list three references (Name, Address, Phone) : 1 . 70.« `; 4/96 3 ftvat- 2 . 5-C7"e64 �e7 -Al/m/ 6;649 I hereby certify that the facts within the foregoing application are tr = and correct to the best of my knowledge'. Li/ ilk 1051/ Signaturl '07 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 J Name : to , Address : //_4 L 4 ) / Phone : (H) ' - (B) Wci5-- 3 30 2>15— How long have you been a Shakopee Resident? Occupation: Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could u e? (Use a separate she t if necessary) od4- • Board or Commission in which you are interested? Aif Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: -AL( Orld if AltAhL64-- Ate ' Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of ir:erest? Yes No If yes , .Dtease orovide the details on a s carate sheet of paper . / t Please list three references (Name, Address, Phone) : or 3 . ----(,)41.4e---e AerAAryte--y-D - I hereby certify that the facts within the foregoing application are and corre to the best of my knowledge. e . deAr_,G4e.k) Signature Date ate RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 OVC - _ _i Name: Address Address: 40/ /9g07,4) fi /1%.? Phone : (H) e73-czg3 (B) L/4/-C 207 How long have you been a Shakopee Resident? 2 . � Occupation: TL! F;? (-6124.6,C, /41- 8.c€,A7 Does your work require you to travel? (Check one) A great dealyPeriodically Very Little None Do you have any special interests or training which you feel a particular board r commission could use? (Use a separate sheet if necessary) • Board or Co ission in which you are interested? - VL /4-0 1/10( C,, )-7-11-4402177 , (.12,,,,„...,4 , Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 6,- „z-a0,4-„, Pite.-1_4„,„ t22,,,,.,„ d „„,_ „„„A.,---,:-.4, '(>14- 6Q=Lu-ef'b e pA) & a__. � Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organize which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper . I y Please list three references (Name, Address, Phone) : / 2 . �- � D ' ' 3 • J WA I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . as A Siglip-v 0 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CITY OF SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY Downtown-1st Avenue Ad Hoc Committee Application Name: /1��4K Address: / w• / Phone: (Home) 4 IIS - r /� (Business) 'Ms 7;" c2 % Occupation/Business: �pg2r�s/ P�2i•� /Ne Does your work require you to travel?(Check one) Frequently '-7Periodically Seldom None Do you have any special interests or training which you feel would be helpful to this committee? du r p L'0z-09sI-74 /9'>" Please state briefly why you are interested in serving on this committee: rr?Muw , T—/ Conflict of interest is defined as the participation in any activity, recommend action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any busin , however organized, which could be considered a conflict of interest?Yes No If yes, please provide the details on a separate sheet of paper. ADHCAPP.DOC/PCS 1 Page 2 CITY OF SHAKOPEE,ECONOMIC DEVELOPMENT AUTHORITY Downtown-1st Avenue Ad Hoc Committee Application Please list three references(Name,Address,Phone): 1. 00'9-1`/ P5,44 y4,7 '/9 - a.svca3 c . 2. /7j/L L. 444/; c , 439zr 6�� 3. GA� 7v2r-L' , 7v2rc.�S /3# a- itg,Z1 C- I I hereby certify that the facts within this application are true and correct to the best of my knowledge. Signature Date Return application to : Economic Development Coordinator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ADHCAPP.DOC/PCS 2 r APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee Name : &/L.4, 44 (_ ,/ Address : /tea/ c 5 , /Q „/„„A6.- .7 „, „„ _ 7_, 7. Phone : (H) (B) 444S---- /6-6- c' 37 How long have you been a Shakopee Resident? Occupation: -[ Le, A G/`.. C ce.- .-£cam L. Does your work require you to travel? (Check one) A great deal PeriodicallyVeryLittle None Do you have any special interests or training which you feel a particular bo.rd or comilliSsion coild use? (Use a separate sheet if necessary) 40 (.1 ,,,- �f . Alf:0' •t•- (44--1---e- e-se_---1....,2 ,/ -' 'Ir , -,a---g..e. ir---41-' 10.' • Board or Commission in which you are interested? /1"a ae_e-e_.... ? ..e.;-e4-0/-.- i,..1----ed-;-,-•;12 C-e'/,‘49 (_—. . - = Please state briefly why you are. interested- in serving on this Board/Commission for which you are submitting an application: � - Ef Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or. could have the potential to receive personal gain, whether it be direct -or indirect . In accordance with- this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper . - - OV . - r Please list three references (Name, Address, Phone) : 1 . / "" 4Z,� r.�1.. / _ 44drizeee,‘,446 2 . ,4m42_3/.---exc� - — C-(>4.2i_Jei--2-e, i,/‘ Pl-- f-'(-.--I,4•-27.- 7 3 . - l_._ `Ol1.t►gA-- • �c C/ I hereby certify that the facts within the foregoing application are t and corre t to the best of my knowledge . X-e- -41- Signature P/,5-/ Date RETURN APPLICATION AND PLEDGE TO: - - City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 R t It / Vr �/ a 40i. ktv,e.. ....... Cere.f Name : —..1 • N , 4.t' Address: ,L.AZ. •p Na— 1MN S�"S'3 7 9 Phone: (H) ‘1 et (o C'Co A r (B) t-r Cr (,. a ,3 e 2 ✓9r/ - /98'c, How long have you been a Shakopee Resident? '�9 g' '9' '� —w-7Occupation: �- 1 ,n s .. ra,.. e -414. o� �`f .I► •..\ pwA* 4r *Ps) Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) .,GL, ) 1, ftS e9 4t..$2cP 0,,, , .),,,,.iV r)r o p.a„P I 14..i S • a-t. /g' Sry •r O b.e A.1 . p 0.P P''1' A /1C f9.....pro......,...... , s , r. . i / �' ct ( +^�. /0 s c.,r'R.... e A. �2.4..N ,.,, .,, CV M P.. efr.'," "r I't .S/Rff.k t vft 11.•0.1- (...>" MAeI•ce 4 r• pla can,. co•:- COST A(Jp/c►,j«t 5 � r9 .�+s s t De Y,.s — P/',or 6ve.H.sl t�r«t r►. A;' fl, v3,ness �/6MA•%. GI ye. s..1Q�!s�P,t.rw,s.,., o,.,� 5-S,_'aw� \. •!S -CM •,e` sR I uS.r+.rf rta..,✓.s S&d' s worbC..+ '1 .el-Xi i� fir ..... ptoard�or Commi IT n ink w i our are interested? , I. pwwrT'O...A.)/// s i f^ ... •e" v .a. :vtr•.% ,zwTrvim+ Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: . r U Cr 0. I C1,,C:. ti + /....)1 er....... ..,a .3, "...,w.+ /e I.� p,X)( • ' S 1-e ' S•• J .. . • ) /ice r, ti .4 4 es. 7---.s ....001.° V S . w S vCw e 4 , i'4 .c. 0..W 4.e.. Cab.vs, C co/►'t •h-•i 7----, .L L._ Ti..-� C t,prek,re. - , a r Conflict of interest is defined as the participation in ar_y ;.vengIlt activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper . „ Please list three references (Name, Address, Phone) : .--Ss. 1. ---\eh-4^ .� , ” " • S /30 S" G r 1. /4 V 4P-"--w-4- L , 2 . r .3 .. .'":"...."41C)4.0.."."--'-- --s" c,-"-- l t 6 7 S . \M or.eY• s o�. S T < o? 5'/ w. s /as-7-A v -; 3 \ 11 1 Wk�r rr r s�/, r e• �.•." 4-/ -/ r N o r ir I hereby certify that the facts within the foregoing application are true and pec the best of my knowledge. f Sig ature sir /7//cr ' -) —Ns_N Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 JOHN PERRY AGENCY 124 South Lewis Street Shakopee Minnesota 55379 • PHONE 612-496-2382 FAX 496-3709 August 14, 1997 CONFLICT OF INTEREST? I own a building (124 South Lewis Street) in downtown Shakopee. I operate my insurance agency from this location. My father owns two properties in the area, (102 S. Lewis St. & 409-415 East 1st Ave) . The potential for a conflict of interest exists, for the some of the same reasons that I have a understanding of the area as well as a desire to see the area revitalized. However; I would have the same opinions about this area if my family or myself did not have a business interest in this area, as I believe that this district is a gateway to our city and a healthy downtown serves as a source of community pride as well as a recognizable center of the community. John W. Perry -v APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee Name : lavVymyZ5 ' -e5(�Q.,� Address : c' Pak 1/1\X) SS' Phone : (H((p(a) -((./1" g? 7 Q (B) @(3) How long have you been a Shakopee Resident? S y.rafs Occupation: :1:N.1e.c4li bed- ,r,t,!/A -! , S'N.ir..0 Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) cto- vett' its / a • cis = own c: bv.Si/.LS4 416 "ca�r•cl p(civ. �.; 4, �in.asx t-&4- nra►^Y yeaxs * cow-L. INV/ Carpo% t1 GAuadl Dint a.Qso I..al et". J✓��2r - . esf fa/vvi cora - (; KL sl' -Lb a . Ci r ofr-c,- 66,-45a.elc,c t 0,41, c.n`C'D(d'.t:d � 0n `4 nla lea nog�- �/1'�,.�\ s f'/'ea�$ 9i - N'" ve,rd C 0.-m Lv�Q �.L(SO" i' -Pig v►.ttir. 'aSta S Board or Commission in which yo are interested? '• ( '" ►^ ' 4.1— A(./ -12-1"Q1/41- • V1 I J( t.,. `a AL tat a - Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 4Ib • • � � ' ' (na .- - t a d u am La.ci_o r ijusr t S -J- ?oP -'C daa- ( aA Gun of �--� �,- ✓�`� 2- Lecovv\Q_ c4o S iir\o,i--i0/1 +traL4L , -Q.1->€41\ i -1 ' CL-re-VA' Lv>' - i S i -k t, N Conflict of interest is defined as the articipation in any Y activity, recommended action, or decision. from -which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No If ves, please provide the details on a separate sheet of paper . - OVt—' — Please list three references (Name, Address, Phone) : 02108 1 La&wwt•e i vQ_ 1 . 'B(A? (psi.tlrLVNsd SG•oAkcye.¢,¢,, new S5 37 9 Ligto—5 OOS 2 .�i 11 1,�.,t{M.e.(s k rc OLQ ins ka�� Nw ss-a75 q qS 0.44 -s- T ot;. . 3 35 3 . Mai,... Kl V\ s r ,L, relN sc3,4 (4LJ' - &goo I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature 9/6/)°-'111%—C1---' Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 33doxdHS �° �� 1.66% Sri CQ3t 13033 CITY OF SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY Downtown-1st Avenue Ad Hoc Committee Application ClfrA) , Name: Tfrnvcs .`RsL QUI;` gi-io1, ee Address: ((Z- — SO M YYtQ Vi --So. Phone: (Home) %Fa$ri (Business) (PO--`I'3`f' Occupation/Business: 7e4K S0 N Vio'p Does your work require you to travel?(Check one) Frequently Periodically Seldom None Do you have any special interests or training which you feel would be helpful to this committee? LtetR . , 14 j` ee, wee& sf mF Alm/ ghecree> Wood ®-0x,5 c fee. h► � frt, Atli, blaAegg •. if ' 1 9`1./ exe foie t2--tr (wd- I {'tm -4 would like. b ikbo- a, sod brasi ✓ , Please state briefly why you are interested in serving on this committee:,W1446(12,c2_ 4 * •41 0 • i .4i-eul /kvw`fp-to go-e4 (t et4/ Q s • , rir o. , i ,3 t Wit, 9� , on is o i erest is de ed as e particip.s on in any activity, recommend action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be considered a conflict of interest? Yes No k If yes, please provide the details on a separate sheet of paper. ADHCAPP.DOC/PCS 1 V Page 2 CITY OF SHAKOPEE,ECONOMIC DEVELOPMENT AUTHORITY Downtown-1st Avenue Ad Hoc Committee Application_ Please list three references (Name,A.t.ess,Phone): 1. 2. 3. I hereby certify that the facts within this application are true and correct to the best of my knowledge. dip • - / fes/ f _ ature Date Return application to : Economic Development Coordinator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ADHCAPP.DOC/PCS 2 Y J - '9\ Name: Davit A. r42.BE5 Address: 3-7 smotc86 Ave. C. Phone:(H) Lig 5' C2 5 5 (B) Jfli e, How long have you been a Shakopee Resident? 7 YEA es Occupation: PILOT Does your work require you to travel?(Check one) A great deal /Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary /4/7/./e_ Z do not have a4 1W/7d In ow 70rnii 0{°caternrrei Z/ire. eycpl4fi CIF/1)7a � Ao/S4-iiis or� a /ziv&cc c� Gkcirevo sec (i ac1fece., /?s(94.064S-74 /x e/i 717W Board or Commission in which you are interested? (If more than one, please indicate order of preference) /) AE/f/oc Libraxy Corrie- '9 e z) /J0w41crud f kyh y !o//6e1 7 Arkfieiciament Conmi4f..) Please state briefly why you are interested i serving on this Board/Commission for which you are submitting an application: 7-6 g (rvqgvi/2k, ,zed in , er7// y 64 eifire (bmmiWWee . &M Mce /ice kr-oi si9n ilqrarre i/) fhe_ ck /epi}'' (4 c'/0,,c 0en/AuJo/2d kr'e �'rc*,�qJ 0v/ ¢ ro/nrrl; wo /ce Q//a&' fine. to /10 /r2 I? sc eu efrie ole car c ,, Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No 7. If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address,Phone): 1. ROW+ Ockvarrr,, , 73o Laws Str i- Shy,k oie .e, 55379 y610--6 2. 8ren+ Lock I i-on ,�Shorel ne. Pk[e,,Sprioj ? 'V,trJ LI7/ gLJgO 3. J im (3onke ,5520 kittaaX., EIWA , flN G2.I-2272 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. 0,0104)2 v,e) Signature ��+ a/�?lfi 2� /c 7 ate RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ADDITIONAL PROSPECTIVE VOLUNTEERS Bill Wermerskirchen Bill's Toggery and Downtown Council Ann Doherty Norwest Bank Steve Berens Country Medical John Gutteter Scott County Historical Society • adhocmo4.doc TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 2, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: August 5, 1997, Regular Session, and August 7, 1997, Budget Worksession *10] Approve Bills in the Amount of$212,935.33 11] Communications 12] Public Hearings 13] Recommendations from Boards and Commissions A] Final Plat of Eagle Ridge 1st Addition, located north of CR-16 and on both sides of Sarazin Street- Res.No. 4727 B] Orchard Park West Planned Unit Development, located north of the Highway 169 and west of Fuller Street-Res.No. 4728 TENTATIVE AGENDA September 2, 1997 Page -2- 14] General Business A] Park and Recreation 1. Dasher Board Advertising (Arena) -tabled 8/19 2. Prairie Bend Park Project 3. The Preserve Golf Course Tunnel B] Community Development *1. Best Western Canterbury Inn Appeal of the BOAA's Denial of A 45 Foot Sign Variance - Res. No. 4730 *2. Environmental Assessment Worksheet(EAW) - CAMAS Minnesota, Inc., Shiely Division-tabled 8/5/97 3. Canterbury Park Planned Unit Development 4. Request for Expansion of Dial-A-Ride Service C] Engineering 1. Authorizing Feasibility Report for Vierling Drive from Sage Lane to Miller Street - Res.No. 4729 2. Fuller Street Project-Approval of Settlement Agreement *3. Stop Sign Relocation for Horizon Drive and Muhlenhardt Road Intersection 4. Award of Bids for Eastway Avenue and Timothy Court, Project 1997-3 -Res.No. 4731 5. Hiring of A Maintenance Worker for Public Works Department D] Police and Fire El General Administration 1. Southwest West Central Educational Cooperative Service Units -Employee Group Insurance *2. 1997 Auditor Authorization *3. Approving Premises Permit Renewal for Multiple Sclerosis Minneapolis Chapter Minnesota- Res.No. 4734 *4. Consenting to a 1998 EDA Tax Levy-Res.No. 4733 *5. Setting Proposed Maximum 1997 Tax Levy, Collectible in 1998 - Res.No. 4732 6. Setting A Date for the Sale of 1997B General Obligation Bonds Res. No. 4735 7. Blocks 3 & 4 Development Agreement 15] Other Business 16] Adjourn to Tuesday, September 16, 1997 at 7:00 P.M. EXHIBIT A 1I suRva. FOKR .RucE \-\E1 VM Nu zA OkicN BAS} 'iAill -� t1 2:E. e k AREA To BJ DEDICATED AS RIGHT-OF-WAY 3 .Q d. 'c w d O \ \ v N to up 'i cr ‘ CD3 g xl i U Ur \11) . ` Bearings ar assumed (o0' T n (oo PLAT- , �.T 1 '19°l ()e - 33�1 a ubject to easements of record f any A WOO m ,/_ Ate, ---O Denotes set or found iron pipe monuments "'- 4-WEA. 2PPR1 9- Denotes set wood hub and tack Proposed garage floor elevation 'reotp Denotes existing elevation Proposed top of block elevation ( 84 Denotes proposed finish grade elevation Denotes direction of surface drainage Proposed lowest floor elevation Scale-4inch -23Ve f • I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 91I0,Block 43, SHRKOPEE ,SCOTT County, Minnesota as on file and of record in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: PPARJAPP.1 14,199(o __, ` 1 oft Allan R. Hastings Minnesota Registration No. 14009 121 Lewis Street S. Suite No. 102 Shakopee, Minnesota 55379 Phone 612 445 4027 4 11. Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I !' Meeting Date: February 8, 1996 Re: Vacation of Drainage and Util Easements Site Information: Applicant: Bruce Heinz Property Owner Bruce Heinz Location: 626 West 3rd Avenue Old Shakopee Residential R-1 C Current Zoning: p ( ) Adjacent Zoning: North: 1-2 Heavy Industrial South: R-1 C Old Shakopee Residential East: R-1 C Old Shakopee Residential West: 1-2 Heavy Industrial Comp. Plan: 1980: Single Family Residential Draft 1995: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction The City has received a petition from Mr. Bruce Heinz, for the vacation of a drainage and utility easement measuring 32 feet in width by 142 feet in length. This easement is located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue and is directly west of Lot 10, Block 43, Original Shakopee Plat. The City Council will hold a public hearing on February 20, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the drainage and utility easement that is being proposed for vacation. Exhibit C is a copy of the letter submitted by the applicant. The City Engineer has commented that the city has storm sewer and a paved alley in this area. An accurate survey showing the location of storm sewer and alley must be submitted to the City Engineer for review. Upon reviewing the survey, the City Engineer will make a determination regarding the amount of drainage and utility easement that can either be vacated or retained. The draft 1995 Comprehensive Plan has designated this area as Single Family Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of drainage and utility easement, except for that area that is determined by the City Engineer to be necessary for utility and alley purposes. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easement. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easement, except for that area that is determined by the City Engineer to be necessary for utility and alley purposes. i:\ ommdev\boaa-pc\19961febo8pc\vachenz2.doc EXHIBIT A \ ' . _ AG ., . -.... Afh,,,,,,_ • -\::\ • \ • ,....., . leg • ""661"11" t tilt *IS . ,. lug _____t,_ 1_1111)_ SSW S1111113 toll_yill). ":„......10.0.1. I . ... t1151Clit 1611 6111161114 t, vol.! we. titts sti:latti,::_tit 1-11-41111"6 ..'In li "Ill t VI tit%10 . 4 'tilt 111 'l *I I I I iiir I I"...ri\31.811 fil 1:91A1,1111 ifiriligi 'VI litt tzi.1411111.4 VLIC V VP .e.. 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'I Ewan IP mac ima ‘111. 1 ....: mem i' . . , rrs som aim mi.. irmiirm = =rim I : lin ,, ! !I . 900 . , , mown : ::: I. , . ffmi raFa ,____ ____ nerr. i -, I I: ria ire Ira - gal ma mg Aims an _ _. ..,.. 5 :Mil mg lux R7 mi 21 ii EU" r•Z;;Nia LIM:. ‘`) IIII 1.111 • i Mir ME —"-- Mr 0 mi. pm -E7----L- .2._a: , , — 1fr LUT : ""*"...;€.,G9"cc • Inal ,--u-s-7---- —— — . kfe . rib;. . , fwsptilm" La A G 12 , NW 2, . ,-- VEISI: am ii• a , xi.. s al ---- =BMA - . . • rilillaill 19 Li io i 1 . ' 1171't1111 1111 Ils i • MIN Si I N •, 40:, ,..,r, ,. 1 1r- ' 8' R.O.W. —Io y xi • „,,.. NI\\”) > I .. CIA m xi 0 4.32' EASEMENT M 0 Ill . -N-... - iti. \ ♦16' ALLEY0 .1 N - f - , a . .,n:y L.* a 0 :3, Dn o O ,- - IArd N, C oN (01%."' --•1 el d vel o16 16' R.O.W. y n rra O4... SHUMWAY EXHIBIT C Bruce Heinz 16237 FRANKLIN CIRCLE SE PRIOR LAKE, MN 55372 January 4, 1996 City of Shakopee (`�, 129 South Holmes Street r'1" - • • Shakopee, MN 55379 .I4N 8 1996 Currently, I own Lots 9 and 10, Block 43. I have a house on Lot 9 with the garage on Lot 10. After the vacation of Pierce street in 1995, I gained approximately 32 feet on the west side of my property. At the time of vacation,the land was put into an easement. I have done some extensive checking into the easement area as to water main, storm sewer, electric, etc. There doesn't appear to be any under that area. I am hopeful that the 32 foot easement could be vacated.This would make it possible for me to either sell Lot 10 as a separate lot or move another house of a similar age and style for the area onto that lot. Lots 9 and 10 would then be approximately 70 X 142 feet. Sincerely, ail gc-e-A Bruce Heinz MEMO TO: Shakopee EDA and Mayor and City Council 116Z-,FROM: Barry A. Stock, Acting City Administrator RE: Relocation Consultant Presentation DATE: March 4, 1996 INTRODUCTION AND BACKGROUND: The Shakopee EDA is currently in the process of acquiring the parcels located within Blocks 3 & 4. To assist in the acquisition process, the City hired Conworth Inc. to complete the relocation aspects of this project. Conworth Inc. is working in cooperation with Northstar Land Services to complete the acquisition aspects of the project. Over the course of the past two months as we have begun acquiring property and relocating tenants, a number of questions have arisen regarding the relocation process and the payments being made. On March 12th, Mr. Ken Helvey from Conworth Inc. will be present at our meeting to share with us some of the legal requirements associated with the relocation process. Mr. Helvey will be prepared to answer any questions from either the EDA or City Council. Additionally, Mr. Helvey will review several actual case studies of relocations that we have paid in our project. Attached is a summary of how the Federal Uniform Relocation Act applies to the following: 1. Owner/Occupant Residential Relocation-Page 1 2. Residential Tenant Relocation-Page 2 3. Business Relocation Alternatives-Pages 3-5 t2 0 CONWORTH. INC P02 EDA OF SHAKOPEE OWNER/OCCUPANT PESID TTAI RET oCATION Homeowners displaced by a publicly funded project may qualify for relocation payments. These payments may include: A. Moving and related expense payments - Moving schedule, or - Actual costs B. Replacement housing payments Only homeowners who have owned and occupied the property for at least 180 days prior to the initiation of negotiations are eligible for a replacement housing payment. A. Difference of the cost of replacement home (lesser of the comparable and actual) LESS - The acquisition price of the displacement unit Example: Comparable home price: $100,000.00 Actual new home price: $110,000.00 Acquisition price of displacement home: 5 85,000.00 Lesser of the comparable and the $100,000.00 actual new home: This $100,000.00 less the $85,000.00 acquisition price of displacement unit - $15,000.00 Differential Payment. B. Additional mortgage financing costs C. Reasonable 1pessincidental to the purchases of thereplacement Homeowners of 90 - 179 days prior to the initiation of negotiations are eligible for relocation accistanCe as residential tenants. ?1-1-a-- .1- J CON WORTH, INC. F �' 0 CONWORTH. INC P03 EDA OF SHAKOPEE gasidential Tenant ReloC&tion Residential tenants who have been in occupancy for at least 90 days prior to the initiation of negotiations with the EDA of Shakopee are eligible for moving payments and rental assistance payments. A. Moving and related expenses - Moving schedule, or - Actual costs B. Replacement housing payment/downpayment assistance - Lesser of the comparable or the actual replacement unit LESS - The displacement site rent or 30% of household's gross monthly income, whichever is less. - This difference is then multiplied by 42 months. Example: Comparable unit rent: $500.00 Actual replacement unit rent: $510.00 Displacement site rent: $400.00 mit of Household's gross monthly income: $600.00 Lesser of comparable and actual $500.00 new rent: Lesser of displacement site rent $400.00 and 30% of income: $500.00 - $400.00 = $100.00 difference $100.00 x 42 months = $4,200.00 Rental Assistance Payment - Payments are to be made in installments. Occupants of less than 90 days receive: A. Moving and related expenses - only. r'"f CONWORTH, INC.-\ 1, 0 C0NW0RTH, INC PO4 EDA OF SHAKOPEE Bup neSS Relocation Alternative I. Actual reasonable moving and related expenses. A. Transportation of personal property up to 50 miles. B. Packing, crating, uncrating and unpacking. C. Disconnecting, dismantling, removing, reassembling personal property. D. Storage of personal property, if required, up to 12 months. E. Insurance for the replacement value of the personal property. F. Any license, permit or certification required at the replacement site. The cost must bo reasonable and necessary and may be based on the remaining useful life of the existing item. G. Professional services necessary to plan or move thw personal property or install the items. H. Re-lettering of signs and replacing stationary made obsolete as a result of move. I. The reasonable cost incurred in trying to sell an . item that is not relocated. J. Actual direct loss of tangible personal property. K. Purchase and installation of "substitute" personal property. L. Expenses in searching for a replacement site up to $1,000. M. Reestablishment expenses up to $10,000 which include ($10,000.00 total for 1-11) : 1. Repairs and improvements of site. 2. Modifications to site. 3. Construction and installation of exterior signs. F0.gR, 3 CON WORTH, INC. \Th tr 0 CONWORTH. INC P05 4. Provision of utilities from the right of way to improvements on the replacement site. 5. Redecoration or replacement of surfaces such as paint or carpeting. 6. Licenses, fees and permits not paid under moving expenses. 7. Feasibility surveys, soil testing and marketing studies. 8. Advertising the replacement site. 9. Professional services in connection with the purchase or lease of replacement site. 10. Estimated increase in operating costs during the first 2. years at the replacement site. 11. Impact fees on one-time assessments for anticipated heavy utility usage. Maximum payment allowable: NO LIMIT EPT for expenses inCsearching for a replacement site and reestablishment. OR II. A fixed payment in lieu of actual moving expenses. A. Based on the average annual net earnings of the business in the past 2 years. 8. Requirements: 1. The business is unable to relocate without a substantial loss of patronage. Tnis is defined as customers or net income. 2. The business has (a) an average gross income of $5,000 or (b) an average annual net income of $1,000 or (c) it has contributed 1/3 of the owner's average gross income. 3. The business is not a part of a "chain", having more than three other entities engaged in the same or similar business. Franchise operations are an exception to this. They are not considered part of a chain. Minimum Payment Allowable: $ 1,000.00 Maximum payment Allowable: $20,000.00 CONWORTH, INC. �� is* 0 CONWORTH, INC P06 You may be eligible to receive ejtber one of these payment alternatives. You can choose the type of payment you receive. However, you must meet the eligibility requirements. CONWORTH, INC. �� EDA OF SHAKOPEE Residential Tenant Relocation Residential tenants who have been in occupancy for at least 90 days prior to the initiation of negotiations with the EDA of Shakopee are eligible for moving payments and rental assistance payments. A. Moving and related expenses - Moving schedule, or - Actual costs B. Replacement housing payment/downpayment assistance - Lesser of the comparable or the actual replacement unit LESS - The displacement site rent or 30% of household's gross monthly income, whichever is less. - This difference is then multiplied by 42 months. Example: Comparable unit rent: $500.00 Actual replacement unit rent: $510.00 Displacement site rent: $400.00 30% of household's gross monthly income: $600.00 Lesser of comparable and actual new rent: $500.00 Lesser of displacement site rent and 30% of income: $400.00 $500.00 - $400.00 = $100.00 difference $100.00 x 42 months = $4,200.00 Rental Assistance Payment - Payments are to be made in installments. Occupants of less than 90 days receive: A. Moving and related expenses - only. CONWORTH, INC. EDA OF SHAKOPEE Business Relocation Alternatives I. Actual reasonable moving and related expenses. A. Transportation of personal property up to 50 miles. B. Packing, crating, uncrating and unpacking. C. Disconnecting, dismantling, removing, reassembling personal property. D. Storage of personal property, if required, up to 12 months. E. Insurance for the replacement value of the personal property. F. Any license, permit or certification required at the replacement site. The cost must be reasonable and necessary and may be based on the remaining useful life of the existing item. G. Professional services necessary to plan or move the personal property or install the items. H. Re-lettering of signs and replacing stationary made obsolete as a result of move. I. The reasonable cost incurred in trying to sell an item that is not relocated. J. Actual direct loss of tangible personal property. K. Purchase and installation of "substitute" personal property. L. Expenses in searching for a replacement site up to $1,000. M. Reestablishment expenses up to $10,000 which include ($10,000.00 total for 1-11) : 1. Repairs and improvements of site. 2. Modifications to site. 3 . Construction and installation of exterior signs. CONWORTH, INC. 4. Provision of utilities from the right of way to improvements on the replacement site. 5. Redecoration or replacement of surfaces such as paint or carpeting. 6. Licenses, fees and permits not paid under moving expenses. 7. Feasibility surveys, soil testing and marketing studies. 8. Advertising the replacement site. 9. Professional services in connection with the purchase or lease of replacement site. 10. Estimated increase in operating costs during the first 2 years at the replacement site. 11. Impact fees on one-time assessments for anticipated heavy utility usage. Maximum payment allowable: NO LIMIT EXCEPT for expenses in searching for a replacement site and reestablishment. OR II. A fixed payment in lieu of actual moving expenses. A. Based on the average annual net earnings of the business in the past 2 years. B. Requirements: 1. The business is unable to relocate without a substantial loss of patronage. This is defined as customers or net income. 2. The business has (a) an average gross income of $5,000 or (b) an average annual net income of $1,000 or (c) it has contributed 1/3 of the owner's average gross income. 3 . The business is not a part of a "chain" , having more than three other entities engaged in the same or similar business. Franchise operations are an exception to this. They are not considered part of a chain. Minimum Payment Allowable: $ 1,000.00 Maximum payment Allowable: $20,000.00 CONWORTH, INC. You may be eligible to receive either one of these payment alternatives. You can choose the type of payment you receive. However, you must meet the eligibility requirements. CONWORTH, INC. Residential Homeowner Claim Step 1: Determine acquisition cost of residential portion of subject property. $44,622 Step 2: Determine comparable property. $69,500 Step 3: Calculate price for residential portion of replacement property. - The price of replacement property was $117,000. This amount is reduced by 33% to "carve out" the rental portion of this property. $78,390 Step 4: Determine maximum Replacement Housing Payment (Step 2 - Step 1) . $24,878 Step 5: Add incidental closing costs of $445. $25,323 Total Replacement Housing Payment Step 6: Add moving costs. $ 1,850 Step 7: Total relocation entitlement (Add lines 4, 5, and 6) . $27,173 *Step 8: Determine fixtures' value owned by seller. $ 440 * This step is not a relocation expense. It is an acquisition expense. CONWORTH, INC. 1/13 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Rural Vs Urban Tax District (follow up) DATE: March 5, 1996 Introduction Council' s last action on the rural taxing district situation was to table it to the first meeting in March. Background Background information has been included in two previous council packets. It has not been included now to save on costs, please refer to the packets of January 2, 1996 and January 23, 1996 . This issue was tabled to the first meeting in March to allow a decision to be reached in the Link/Lebens VS City of Shakopee suit . That suit has been decided by the court . Briefly, the city has a rural taxing district that cuts the city property tax in half for parcels included in the district. The rural district is property classified by the assessor as agricultural homestead or agricultural non- homestead. Also, it must be open. rural in nature and maintained in farm crops or seeded. It was reported by Harry Weinandt and Elmer Marschall that this was an enticement to get the farmers to go along with the annexation of Eagle Creek Township. Attached is a document from the time period of the annexation deliberations that was brought to Councilor Zorn by Mr. Marschall . Staff has found nothing in the records regarding the rural taxing district that has not been supplied to Council in previous memos. Specifically, nothing has been found as to how long the district would continue but there was a provision in the 1967 ordinance to provide for closing the district after ten years. Prior Lake has terminated their rural taxing district effective with 1997 taxes. To recap and summarize some of the issues impacting on this situation; Factors in favor of reconsideration • Time line - how long was the district to continue, the 1967 Ordinance had provisions for a 10 year termination. • Ag property now has taxation benefits in the form of green acres status and lower assessment rates. • The city now has more reliance on user fees and therefore less taxation for specific benefit services . • Taxation for city services is based on property value - not services received. • Planning for future growth up to 50 years away is currently going on and affects many of the parcels included in the rural district, therefore indirectly receiving services and increasing city costs. Factors in favor of keeping the rural district • The tax rate reduction was reportedly offered as an enticement for farmers to agree to annexation. Their position appears to be that services received by ag property are less than other properties. This situation has not changed and the district should continue. Alternatives 1 . Status Quo. 2 . Eliminate district . 3 . Phase out over five years. 4 . Modify criteria to tighten eligibility and have a ten year closure date. Recommendation This is a policy decision and staff has no specific recommendation except that the criteria of "open and rural in nature" is vague and should be clarified. However, in order to put something on the table to provide a starting point for Council discussion, alternative number 4 is suggested. Criteria would be; classified agricultural by assessor, open and rural in nature, tilled for farm crops or seeded, not platted for development, not adjacent to a developed parcel/area and outside of the MUSA area. Furthermore, that the last year the rural taxing district would be in effect is for taxes payable in 2006 . Action Move to direct staff to prepare an ordinance to modify the criteria of inclusion in the rural taxing district to include : classified agricultural by assessor, open and rural in nature, tilled for farm crops or seeded, not platted for development, not adjacent to a developed parcel/area and outside of the MUSA area. Furthermore, that the last year the rural taxing district would be in effect is for taxes payable in 2006. 4 WEINANDT REALTY 1259 Maxine Circle E. Shakopee, MN 55370 ANNEXATION FACTS (612) 496-0044 "Four Million by Two Thousand" is a publication of the Metropoli- tan Council. In it they project the population of the 7-county Metro Area to reach four million people by the year 2000 - only 31 years from now! "Where will all of these people reside? "What type of communities will be desirable? "Which communities will provide municipal services on an economic basis"? The answers are obvious. The central cities are saturated and are even losing population. The first ring of suburbs such as Edina, Richfield and St. Louis Park have almost reached a saturation point. Therefore, this .,5 growth must take•place in areas such as Bloomington, Burnsville, Shakopee, Savage, Eden Prairie and Chaska. Which of these areas becomes a quality, desirable and economic community depends on actions taken now. The Shakopee area (as defined in the annexation petition) has an f Y_ opportunity now to prepare for this growth and has an orderly procedure established so that it can be the preferred community. However, planning must be started immediately to create the facilities as needed to build an ideal community. This should include enough land area (such as the pro- • posed area in the petition) to lend itself to the proper planning for a balance of residential, commercial, industrial, open-space, recreational, educational and cultural uses. r F, By uniting now the present residents of Eagle Creek, Jackson and Louisville can create the "ideal" community and in the process enjoy the urbanization of their areas while protecting their investments in their homes and businesses. For example, the concerned citizens of Eagle Creek can realize these advantages: 1. TAXES. . To understand them we must first know for what purpose these taxes are used and then make a comparison with the taxes on a $20,000 home in Shakopee or Eagle Creek: 1969 1969 If Annexed Eagle Creek Shakopee Each would Pay Scott Co. $ 98.11 $ 98.11 $ 98.11,E Dist. 720 249.60 249.60 249.60 Twsp/City 21.98 31.16 24.49 S. S. D. 22.49 none 21.78 $ 392.18 $ 378.87 $ 393.98 • _ 2 _ • One thing to keep in mind is that less than 100 of the tax dollar is for Township or City costs. The largest percentages are for the school district (already included for practically all of the proposed areas of Eagle Creek) and the County. By combining the tax base of the City of Shakopee with Eagle Creek, the tax costs on homes, now and in the future, should be minimized. The owner of a $30,000 farm unit now pays $54.16 to the township and this amount would actually be reduced to $43.56. This is because of Shakopee's Ordinance No. 270 (copy attached), which assesses at the rate of 30%. The maximum increase could be up to 50% under the city charter. How- ever, there is no sentiment to change this ordinance. In addition, citizens with agriculturally classed property need not fear the assessments for sewer, water and other public improvements. There is every indication.that the policy will.continue that the City will levy no assessments for such improvements until the land is developed for other than agricultural use. To check this policy, it is suggested that z• you will call upon present farmers now within the City. 2. REPRESENTATION. No one wishes to be governed without representation. To allay . any fears on the part of the proposed areas.to be annexed, the common council of Shakopee adopted Resolution No. 327 (copy attached). This allows for immediate representation on the council. 3. PUBLIC UTILITIES COMMISSION. All Eagle Creek residents would automatically become °stock- holders" in the two-million dollar Shakopee Public Utilities .Coamnission. This would provide a dividend on today's rates equal to the entire city tax levy. Additionally, any person now served by the Shakopee system would receive a reduction of $20 per year. 4. TAX LIMITS. Eagle Creek would also inherit some of the benefits of the present Shakopee charter. This includes a 9-mill general tax limit, conti- nued use of the county jail and the use of a well-established and well- organized government. 5. METRO PLANNING. As a growth area in the metropolitan region, the larger com- munity r 'T will have a stronger voice in metropolitan planning. This, in turn, will insure more authority in the planning of highways, bridges, metro improvements and other future endeavors such as junior colleges and mass transit facilities. - 3 - 6. NEEDS & COSTS. Whether we approve of annexation or not, the needs of our area are going to be met. To annex small areas is costly. Under the present •r petition, ALL of the costs will be covered by the city of Shakopee. 7. PRACTICALITY OF ADMINISTRATION, ETC.. To maintain and nurture many small municipalities such as Eagle Creek would require the duplication (at much higher costs) of admini- stration, police, fire and other functions of municipal government. Without doubt, it is almost always less expensive to expand an existing facility than create a whole new entity. 8. TAX REBATES. Another advantage to Eagle Creek residents is the increased share of State aid funds for road purposes.. Currently the Township receives nothing. However, Shakopee is presently receiving the equivalent of $82,000 per year. Even on a basis of only 5,000 population, this type of aid would continue. However, if the population would reach 10,000 by 1970, these aids would be materially increased. ' ' 9. 'TOPOGRAPHY. The basic drainage - of watershed - in the petitioned area shows that it flows into the Shakopee area. 10. SCHOOL DIST. #720. District #720, more commonly known as the Shakopee School District, is included in the annexation petition. 11. HIGHWAYS. County and State highways focus on the present commercial die- trict of Shakopee. 12. COMMUNITY ORGANIZATIONS. All a vital part of the community of Shakopee are the various churches, the Chamber of Commerce, Lions, Rotary and J. C.'s. 19. MISCELLANEOUS SAVINGS. No extra charges for use of swimming pool, library, parks, and contemplated recreational facilities. • _ 4 • • 14. POLICE AND FIRE PROTECTION. Savings are possible in Eagle Creek. All homes and industries are currently rated for fire rates as a No. 10. With municipal water and fire protection, these rates would could possibly drop to the current Shakopee rating of "6'. This could produce the saving of at least 20% in fire insurance premiums. Liability premiums would also have a good chance of being reduced. 15. TELEPHONE & POST OFFICE. Currently all telephone and postal service is now entitled • with a Shakopee classification. Under annexation this would not change. 16. .LAND VALUES. All•land values in Eagle Creek would be enhanced because of the development of a planned, organized, ideal community. Current owners would have the opportunity of expecting increased valuations for development . purposes much more rapidly than if they were not included in such a master • plan. • 17. COMMUNITY INTEREST SURVEY. a. 90% identify with Shakopee. ' b. 80% shop in Shakopee. . • c. 75% read the SHAKOPEE VALLEY NEWS. 18. VALLEY INDUSTRIAL PARK. This area, plus basic industries such as Rahr Malting, have and are increasing the tax base for a new and expanded community. By uniting • now, the revenues derived from this industrial development should produce tax revenues that will allow us to urbanize and pay for the growth of the "ideal" community. • • While all of the above is factual material, all residents of Eagle f .` Creek should ask questions of their community leaders before going to the polls to vote on such an important question as the annexation to Shakopee. • One additional point which should be made clear is that Valley Industrial Park has stated, "We have had excellent cooperation with the Township of Eagle Creek, but favor the annexation petition to the city of • Shakopee". • RESOLUTION #327 A Resolution Stating Policy in Connection with Annexation Proceedings WHEREAS, An annexation election will be held on February 25, 1969 to determine whether Jackson Township and parts of Eagle Creek Township and Louisville Township will become annexed to the City of Shakopee, and WHEREAS, If the vote is in favor of said annexation, it is the desire and the intention of the Common Council of the City of Shakopee that the newly annexed areas have representation on the Common Council of the City of Shakopee at the earliest possible time. • THEREFORE, BE IT RESOLVED. BY THE C t4MON COUNCIL OF THE CITY. OF SHAKOPEE That, if the election is favorable to annexation and annexation becomes a fact, two members of,the Common•Council of the City of Shakopee will forthwith resign when the annexation order• is signed or May 1, 1969, whichever date is later; but, thereafter, the vacancies on said Council will be filled within thirty (30) days by anoointment of one resident from each of the proposed wards four and five by the Common Council of the City of Shakopee from the_Town Boards of Eagle Creek and Jackson for the unex- nired term. Proposed ward five is that part of Eagle Creek involved in the annexation election and aroposed ward four is all that part of Louis- ville involved in the annexation election and all of. Jackson Township. Passed in adjourned regular session of the Common Council of the City of Shakonee held this 28 day of January, 1969, on a roll call vote duly recorded as follows: Ayes: Aldermen Geske, Jasper,- Jerome Rein, and Vice-President Rein. Noes: none. tir esident of the Common Council / .. / --,(7 i , __.., .' City Recorder Ap foxed is• day of . 1969 t ayor o the City of Shakopee Prendred and anproved as to form this 28th day of January, 1969 Ch. 1 .7 Published Notice enter an order by resolution transferring said parcel or part thereof from the Rural Service District to the Urban Service ORDINANCE NO. 270 Ch. 1.7 District. No parcel shall be Included in a Rural Service District Ordinance Setting Forth Urban and Rural Service Districts in of ten acres or.less and no parcel shall remain in a Rural Service City'of Shakopee, Minnesota, Pursuant to Chapter 712 of the District unless such parcel consists of ben acres or more. Laws of 1965 as Amended SECTION-VI: In the judgment of the Common Council of E COMMON COUNCIL OF THE CITY OF SHAKOPEE DOES the City of Shakopee, the ratio which exists between the benefits DAIN: resulting from tax supported municipal service to parcels in the SECTION I: The City of Shakopee hereby divides the area Rural Service District to parcels in the Urban Service District is hin its limits into an Urban Service District and a Rural Service 30 us•any municipal property taxes levied for payment of trict, constituting separate taxing districts for the purpose of s, and judgments, and interest thereon. municipal property taxes except those levied for the payment SECTION VII: Any parcel within a Rural Service District bonds and judgments and interest thereon. for•ten years without development shall be considered by the SECTION II: The Urban Service District shall include all � riou District.f the Byi ya f Shakopee hale thereof such parcel exclusion from shallthe .pet ties within the limits of the City of Shakopee, except those forth by ordinance as Rural Service District. be,included In the Urban Service District if any area adjacent SECTION III: The Rural Service District shall Include only thereto is determined by the Common Council of the City of h unplatted lands which need not be contiguous to one another Shakopee to be substantially developed as urban property. in the judgment of the Common Council of the City of Shako- SECTION VIII: A. No City service beyond that normally pro- !at the time of adoption of the ordinance care rural in character, vided by the townships of Scott County will be provided by the I are not developed for commercial, industrial or urban rest- City in a Rural Service District, except fire, police and planning tial purposes and for •these reasons are not benefited to the services; B. Land In a Rural Service District must be open, ,e degree as other bands by municipal services financed by rural in character and maintained In farm crops or seeded: ,eral taxation. This ordinance may include lands outside the C. Grading is not considered as development provided grading y of Shakopee which, if annexed, shall be included in the is such as to hold storm runoff on the land and not produce storm -al Service District. runoff problems and provided graded areas are cropped or re- SECTION IV: The following lands are included in the Rural seeded.within one year: D. Any fill hauled in she be graded -vice District: off and seeded at least once each year. A. All of Government Lot 1, Section 1, Township 115, SECTION IX: This ordinance shall take effect and be in Range 23, Scott County, Minnesota. force from and after 30 days afiter its passage and publication. B. The North Hall of the Northwest Quarter and Gov- After due notice and public hearing held this 22nd day of ernment Lot .1 and a strip of land Southwesterly of August, 1967, as required by Minnesota Statutes Section 272.67 ' the Shalcopee-Chaska Road in Lot 2, and the North- (Sufi. 3 and 4), and after duly conforming with all of the ra- west Quarter of the Northeast Quarter, all in Section quirements of said Section 272.67, the final adoption of this or- 1, Township 115, Range 23, Scott County, Minnesota. dinanoe was adopted,passed and approved by the Common Coun- C. 13 acres in Lot 7, Section 2, Township 115, Range 23, cil of the City of Shakopee this 22nd clay of August, 1967. Scott County, Minnesota. Prepared and approved this D. All that part of the West ?Ards of the Southwest Quer- 11 day of July, 1967 ter and Government Lot 5 lying South on the line of ' JULIUS A. COLLER Second Street Easterly in a direct line from the East City Attorney line of said Second Street In the City of Shakopee, A. J. BERENS all In Section 6,Township 115,Range 23,Scott County, President of the Common Council Minnesota. • ATTEST: E. A tract of land in the East iiths of the Southeast MELVIN P.LEBENS Quarter of Section 6, Township 115, Range 22, Scott .City Recorder . County, Minnesota. Approved this 22nd day of'August, F. A triangular tract of land in .the East a/sths of the 1967. Sista Half of the Southeast Quarter North of Shako- - RAY SIEBENALER pee and Credit River Road, Section 6, Township 415, Mayor of the.City of Shakopee Range 22, Scott County, Minnesota. (Pub. in Shakopee Valley News,•Sept. 7, 1967). (38W) G. 19 acres i • -n the Southeast Quarter of the Southwest •• _._._ -• __... _ . Quarter, Section 6, Township 115, Range 22, Scott -� County, Minnesota. •" ' ' H. The North Half of the Northeast Quarter East of ' ' ' Highway No. 17 except 4.15 acres and except 1 acre, • Section 7, Township 115„ Range 22, Scott County, Minnesota. L The North Half of the Northeast Quarter West of Highway No. 17, Section 7, Township 115, Range 22, , Scott County, Minnesota. J. The East 16.12 acres of the Noithwest Quarter of the Northwest Quarter. except 10 acres, and the North- east Quarter of the Northwest Quarter except the East 2 rods,all in Section 7,Township 115, Range 22, Scott County, Minnesota. K. The West Half of the Northeast Quarter, except 21 . acres, and except 4.76 acres, the highway and 15.94 acres and 2.06 acres, Section 11. Township 115, Range , - • - 23, Scott County, Minnesota. SECTION V: Whenever any parcel of land included in the • . :ral Service District is platted in whole or In part: or when- •• cr application is made for a permit for construction of a corn- • •rciai, industrial, residential or agricultural building or im- • wement: or whenever such improvement or building is corn- ' =raced without a permit, the governing body shall make and ,4;$ ,.,, 301....11 , a., ...;,„11.10' 1 yid.;h.,..,..:..i, ,-.. .!:-...,.. - .... ... - i . • or:, -.m„,,,,:-.-5,.,v..,,,,Ixst‘.,,..00*11-....',vpfo40,: f, -4-:.,0-.4,,,,,--;--.-:•- . 1! - - . . . ,.,.... ,... . .,-.. -r4,.*.ti., ,,•.,.. ,,,z,,..,,c,11,, .0.4 , : ,.. , 4. ''!-- :...i-?•,-.? -.,..7-fr tioi., ...., . ,F4.1„1 , ,... lat. 0 rs , . . JihuF -g% I . tee 411 ba g 1 - @, - • 4 . r:,, 'ern . , 4.-, ..:., .• ••.-. -.Jr- „egoi, , ...,If.,,., ,. ''.,-;„,!„r,,,,,V.,' 4-, ,' .•' .„. ,.. A .••• • , - • t' .".'''' 0..-0* iri:ov•A7z-i.I:A,•,.,' -• ,', 1 '-' f• i • . !,<::. ottoniEry e '' 0 ii ' v i..13,4. mi'; ... ' -‘ • C 1.. . • tr '4.144' * '1 1 I'- sive . ki an g.,, , - ...,:, -gs,, ...:, . , .: . ... ......• 0„.,,,,,_.receivedklassurances that their.plan as • .• - '471;asped;a-comprehensiVe;zon4163planfiorl ...idoptedewouldTherecognizad inthe event Ahe,Telvnshi.P.Mlanr. .; i -,• .. ' ',74''4,1:1`211J2Nr,ag-,e-tTi'Yo 1 thelyrovinghip eat htionday.,;nig4;m4tig.. .11, ,., thatif,,E,,glei, Creek :.... oRnpolicla.ted....with 'after!16'meetinitsifof .4.'ningPCommIssionkandiBPar_diger,Li.,. __. :,.......,,,,,,-.....,..,i, 1,,,,1_, ..,..rm.•,.7,-,..co„-.04; Att:e....,..:,--c IlrighatneWiPla1401AssittAelW/r°1Wubtsil. H"OM '2reeiCi•',- - ' .• . . I; v.,_ pl.,, Ifeigliacategories; agrIC,ulturaLdallir-, ..:.'..^.'•.‘," ,_„,,,, , • , w ••,,,-,--• !, , ., •'‘'..reliflantiar.igiurbarifaisi4int14.1.1g411' 'Le ' ,• :: :,..1..i'FromPage9pe• ...•..!: • ''-11'.esideqtlarAhIghwaye.f.busInasa;dg;•,.•1 t. .,,,, ,,__._ ;*•ihisinegs;,ught,t,industrial•and'.conse.7",' ' ''Pr.'...:- 1"rior1...: .a. ke.Or with both. e,. ‘ , decision of the Minnesota Munici- ':tion.V.lviinimt,urififootageiandfa " alaogpittfit,for.,41.9ta ints..the ,y• , . ... mi siorc ori•the'"incorporation of Wirixte , ,•!fit14-10a, •,),Iirissage,04theiplan oune,after vp.,.,..rrt_ 1,,,v,. .:,.,,.nsCreolieskda:•tiToonlvnl_yithhi. pshaaskoltnVeihallasgbeeoern Vheekr.ing :ffoAltownshipArstsjdentslto C",r:7'. il.L. ..,..ed once mor.e :4;Drisaltheirvivie.W.slalYta:Xellngi:,, . .,_., , .4.a.supposed-to have been released • ;'-';tIef'planntpskeogunls#ion;and;t4pise;•.• -••-•!-.,0 „. y,.;August.11.,.but paperwork has l*A tiona-kr ivi..,s• , : ,. 304tbeen completed. • -'inesinbersi.whePdan4_,.ra7-ra . d *-6dj.,„:: •.` :4 esday morning it was learned that ''.lingtinc"9nthgtb°r-9,1.5•Yiere.ma ie.'''. ' ,biort i''paperwork shoull be complete - NY9rkii.lgvA4A_$'4414„..'rIP"f•tuvegsosaing1"1" "*.cigm' ' -Ij y. "nada'Pa and will be sent to the ')prehins Xto .:-Charjes...41un.w..thwer.".pie.D.--lw-e-re—tagltheet------., -'•---C.-9rem-' issiyo'lmembers and to Scott County 4,1,i.;--piemilegigAge,"'1"-.1:imia'siio*a 4.,notnhe# 'rse „ ....7,,.,,,........ ''imembers Vern Lang.Alillarn. ' . . d and.'Ma vin-Oldenburg who are ii. .. sld, • r 4Weinandt's 41,,,..*WiliiinsruPiViinifigliarstan. '" ", 1:'7"-- trader&in the Commission's de-, )`... Wilter.40.b*‘ in„s ...ple 71•77.7.191..47.-:•-•• ' v.-tr eiritithe,Eagle:Creek.matter. :tr•AD°11:712Uellanried.nningle**A.c0;!iimmji4 'liel;itrii•Z;14._;-_- ..7"..)i7;:telepli. One."(obco.ericetiroennsc,etoto.thaelloww•rpaittern- .• IT'on- 'the plantioriflve: Years.,v,P*J„,,t÷P.,,4•,_ . .., nts,any.. f•-•.4i0.-,,-1, .••:$ .• -,..`•,-.. •:_.;;I dier-;lion will-be)held prior to release • '''''' 1' ..'.- • " ' ' . ' "--1"' Ogle-information to the public.- .. ------,..V.L. ..<•!-••,r,,-.1:i. • - . - • • • . _, ._, _ • . • . ., • CITY COUNCIL MEMBERS I AM IN OPPOSITION TO THE PROPOSED ELIMINATION OF THE 50% TAX ON AGRICULTURE LAND THAT WAS ANNEXED TO THE CITY OF SHAKOPEE IN 1969. IN THE EARLY 1960 ' s THERE WAS CONSIDERABLE OPPOSITION BY THE RESIDENTS OF EAGLE CREEK TOWNSHIP TO THE ANNEXATION BY THE CITY OF SHAKOPEE. ORDINANCE : NO. 270 WHICH STATED THAT AGRICULTURAL LAND WOULD BE TAXED AT 30% AND SIGNED BY THE THEN PRESIDENT A.J. BERENS AUGUST 22, 1967. THE COMMON COUNCIL PRODUCED THE"ANNEXATION FACTS" WITH ORDINANCE 270 AND DISTRIBUTED THE IMFORMATION TO THE RESIDENTS IN 1969 TO REDUCE OPPOSITION TO ANNEXATION. I THEREFORE BELEIVE THE 30% TAX SHOULD NOT BE CHANGED. H.L. WEINANDT LAST TOWN BOARD CHAIRMAN OF EAGLE CREEK .2// 2 CITY OF SHAKOPEE FEB 2 2 1996 WEINANDT REALTY 1259 Maxine Circle E. Shakopee, MN 55370 ANNEXATION FACTS (612) 496-0844 "Four Million by Two Thousand" is a publication of the Metropoli- tan Council. In it they project the population of the 7-county Metro Area to reach four million people by the year 2000 - only 31 years from now! "Where will all of these people reside? "What type of communities will be desirable? "Which communities will provide municipal services on an economic basis"? The answers are obvious. The central cities are saturated and are even losing population. The first ring of suburbs such as Edina, Richfield and St. Louis Park have almost reached a satuiation point. Therefore, this growth must take 'place in areas such as Bloomington, Burnsville, Shakopee, Savage, Eden Prairie and Chaska. Which of these areas becomes a quality, desirable and economic community depends on actions taken now. The Shakopee area (as defined in the annexation petition) has an opportunity now to prepare for this growth and has an orderly procedure established so that it can be the preferred community. However, planning must be started immediately to create the facilities as needed to build an ideal community. This should include enough land area (such as the pro- posed area in the petition) to lend itself to the proper planning for a balance of residential, commercial, industrial, open-space, recreational, educational and cultural uses. By uniting now the present residents of Eagle Creek, Jackson and Louisville can create the "ideal" community and in the process enjoy the urbanization of their areas while protecting their investments in their homes and businesses. For example, the concerned citizens of Eagle Creek can realize these advantages: 1. TAXES. . To understand them we must first know for what purpose these taxes are used and then make a comparison with the taxes on a $20,000 home in Shakopee or Eagle Creek: 1969 1969 If Annexed Eagle Creek Shakopee Each would Pay Scott Co. $ 98.11 $ 98.11 $ 98.11\ Dist. 720 249.60 249.60 249.60 Twsp/City 21.98 31.16 24.49 S. S. D. 22.49 none 21.78 $ 392.18 $ 378.87 $ 393.98 - 2 - One thing to keep in mind is that less than 10¢ of the tax dollar is for Township or City costs. The largest percentages are for the school district (already included for practically all of the proposed areas of Eagle Creek) and the County. By combining the tax base of the City of Shakopee with Eagle Creek, the tax costs on homes, now ,and in the future, should be minimized. The owner of a $30,000 farm unit now pays $54.16 to the township and this amount would actually be reduced to $43.56. This is because of Shakopee's Ordinance No. 270 (copy attached), which assesses at the rate of 30%. The maximum increase could be up to 50% under the city charter. How- ever, there is no sentiment to change this ordinance. In addition, citizens with agriculturally classed property need not fear the assessments for sewer, water and other public improvements. There is every indication.that the policy will. continue that the City will levy no assessments for such improvements until the land is developed for other than agricultural use. To check this policy, it is suggested that you will call upon present farmers now within the City. 2. REPRESENTATION. No one wishes to be governed without representation. To allay . any fears on the part of the proposed areas -to be annexed, the common council of Shakopee adopted Resolution No. 327 (copy attached) . This allows for immediate representation on the council. 3. PUBLIC UTILITIES COMMISSION. All Eagle Creek residents would automatically become "stock- holders" in the two-million dollar Shakopee Public Utilities Commission. • This would provide a dividend on today's rates equal to the entire city tax levy. Additionally, any person now served by the Shakopee system would receive a reduction of $20 per year. 4. TAX LIMITS. Eagle Creek would also inherit some of the benefits of the present Shakopee charter. This includes a 9-mill general tax limit, conti- nued use of the county jail and the use of a well-established and well- organized government. 5. METRO PLANNING. As a growth area in the metropolitan region, the larger com- munity will have a stronger voice in metropolitan planning. This, in turn, will insure more authority in the planning of highways, bridges, metro improvements and other future endeavors such as junior colleges and mass transit facilities. - 3 - • 6. NEEDS & COSTS. Whether we approve of annexation or not, the needs of our area are going to be met. To annex small areas is costly. Under the present petition, ALL of the costs will be covered by the city of Shakopee. 7. PRACTICALITY OF ADMINISTRATION, ETC. . To maintain and nurture many small municipalities such as Eagle Creek would require the duplication (at much higher costs) of admini- stration, police, fire and other functions of municipal government. Without , . doubt, it is almost always less expensive to expand an existing facility than create a whole new entity. 8. TAX REBATES. • Another advantage to Eagle Creek residents is the increased share of State aid funds for. road purposes.. Currently the Township receives nothing. However, Shakopee is presently receiving the equivalent of $82,000 per year. Even on a basis of only 5,000 population, this type of aid would continue. However, if the population would reach 10,000 by 1970, these aids would be materially increased. 9. 'TOPOGRAPHY. The basic drainage - or watershed - in the petitioned area shows that it flaws into the Shakopee area. 10. SCHOOL DIST. #720. District #720, more commonly known as the Shakopee School District, is included in the annexation petition. 11. HIGHWAYS. County and State highways focus on the present commercial dis- trict of Shakopee. 12. COMMUNITY ORGANIZATIONS. • All a vital part of the community of Shakopee are the various churches, the Chamber of Commerce, Lions, Rotary and J. C.'s. • 13. MISCELLANEOUS SAVINGS. No extra charges for use of swimming pool, library, parks, • and contemplated recreational facilities. • - 4 - 14. POLICE AND FIRE PROTECTION. Savings are possible in Eagle Creek. All homes and industries are currently rated for fire rates as a No. 10. With municipal water and fire protection, these rates would could possibly drop to the current Shakopee rating of "6". This could produce the saving of at least 20% in fire insurance premiums. Liability premiums would also have a good chance of being reduced. 15. TELEPHONE & POST OFFICE. • Currently all telephone and postal service is now entitled with a Shakopee classification. Under annexation this would not change. 16. ,,LAND VALUES. All land values in Eagle Creek would be enhanced because of the development of a planned, organized, ideal' community. Current owners would have the opportunity of expecting increased valuations for development purposes much more rapidly than if they were not included in such a master plan. . 17. COMMUNITY INTEREST SURVEY. a. 90% identify with Shakopee. b. 80% shop in Shakopee. . c. 75% read the SHAKOPEE VALLEY NEWS. 18. VALLEY INDUSTRIAL PARK. This area, plus basic industries such as Rahr Malting, have and are increasing the tax base for a new and expanded community. By uniting now, the revenues derived from this industrial development should produce tax revenues that will allow us to urbanize and pay for the growth of the "ideal" community. While all of the above is factual material, all residents of Eagle Creek should ask questions of their community leaders before going to the polls to vote on such an important question as the annexation to Shakopee. • One additional point which should be made clear is that Valley Industrial Park has stated, "We have had excellent cooperation with the Township of Eagle Creek, but favor the annexation petition to the city of Shakopee". RESOLUTION #327 A Resolution Stating Policy in Connection with Annexation Proceedings g WHEREAS, An annexation election will be held on February 25, 1969 to determine whether Jackson Township and parts of Eagle Creek Township and Louisville Township will become annexed to the City of Shakopee, and WHEREAS , If the vote is in favor of said annexation, it is the desire and the intention of the Common Council of the City of Shakopee that the newly annexed areas have representation on the Common Council of the City of Shakopee at the earliest possible time. ' THEREFORE, BE IT RESOLVED. BY THE COMMON COUNCIL OF THE CITY• OF SHAKOPEE That, if the election is favorable to annexation and annexation becomes a fact , two members of.,the Common- Council of the City of Shakopee will forthwith resign when the annexation order is signed or May 1, 1969, whichever date is later; but, thereafter, the vacancies on said Council will be filled within thirty (30) days b'y anoointment of one resident from each of the proposed wards four and five by the Common Council of the City of Shakopee from the .Town Boards of. Eagle Creek and Jackson for the unex- aired term. Proposed ward five is that part of Eagle Creek involved in the annexation election and proposed ward four is all that part of Louis- ville involved in the annexation election and all of. Jackson Township. Passed in adjourned regular session of the Common Council of the City of Shakopee held this 28 day of January, 1969, on a roll call vote duly recorded as follows : Ayes : Aldermen Geske, Jasper, ' Jerome Rein, and Vice-President Rein. Noes : none. 4442a- - 421„ 4557 L • esident of the Common Council it A ST: y___.4zZy_e:t.)`J, Z.' City Recorder Ap oved is day of �,,,, ; 1969 l Mayor o the City of Shakopee Prepared and anproved as to form this 28th day of January, 1969 Ch. 1 .7 Published Notice enter an order by resolution transferring said parcel cc part thereof from the Rural Service District to the Urban Service ORDINANCE NO. 270 Ch. 1.7 District. No parcel shali,be included in a Rural Service District In Ordinance Setting Forth Urban and Rural Service Districts in of ten acres or less and no parcel shall remain in a Rural Service he City'of Shakopee, Minnesota, Pursuant to Chapter 712 of the District unless such parcel consists of Eben acres or more. Laws of 1965 as Amended SECTION-VI: In the judgment of the Common Council of 'HE COMMON COUNCIL OF THE CITY OF SHAKOPEE DOES the City of Shakopee, theratio which exists between the benefits )RDS; resulting from tax supported municipal service to parcels in the SECTION I: The City of Shakopee hereby divides the area Rural'Service.District to parcelsin the Urban Service District is vithin its limits into an Urban Service District and a Rural Service ,__30 us•any municipal property!taxes levied for payment of )'strict, constituting separate taxing districts for the purpose of s, and judgments, and interest thereon. 11 municipal property taxes except those levied for the payment SECTION VII: Any:parcel within a Rural Service District of bonds and judgments and interest thereon. for•ten years without development shall be considered by the SECTION II: The Urban Service District shall include all Demmer Council of the City of Shakopee for exclusion from the rropetties within the limits of'the City of Shakopee. except those Rural:Service District. By amendment hereof such parcel shall et forth by ordinance es Rural Service District. be included in the Urban Service•District if any area Wjacent SECTION III: The Rural Service District shall include only thereto is determined by the Common Council of the Citbr of uch unplatted lands which need not be contiguous to one another Shakopee to be substantially developed es urban property. s in the judgment of the Common Council of the City of Shako- SECTION VIII: A. No Cityservice beyond that normally pro- see'at the time of adoption of the ordinance tare rural in charaoter, vided by the townships of Scott County will be provided by the nd are not devdloped for commercial, industrial or urban rest- City in a Rural Service District, except fire., police and planning lential purposes and for these reasons are not benefited to the services; B. Land in a Rural Service District must be open, tame degree as other bands by municipal services financed by rural in charaoter and maintained in farm crops or seeded: :eneral taxation. This ordinance may include lands outside the C. :Grading,is not considered as development provided grading ity of Shakopee which, if annexed, shall be included in the is such as tohold storm runoff on the land and not produce storm tural Service District. runoff problems and provided graded areas are cropped or re- ; SECTION IV: The following lands are included in the Rural seeded within one year: D. Any fill hauled in shall be graded 5ervioe District: off and•seeded at least once each year. A. All of Government Lot 1, Section 1, Township 115, SECTION IX: This ordinance shall take effect end be in Range 23, Scott County, Minnesota. force from and after 30 days after its passage and publication. B. The North Half of the Northwest Quarter and Gov- After due notice and public hearing held this 22nd day of ernment Lot 4 and a strip of land Southwesterly of Auttggutrst, 1967, as required by Minnesota Statutes Section 272.67 the Shalcopee-Chaska Road in Lot 2, end the North- (Subd. 3 and 4), and after duly conforming with all of the ne- west Quarter of the Northeast Quarter. all in Section quirements of saidpSection 272.67, the final adoption of this or. 1C. 13 acressin Lot 7, Section 2,Towe 23, nt ship 115,MRange 23, ell of the Citce was ay of Shakopee this 22nd dased and y of bAugust, 1967the Common � - Scott County, Minnesota. d and approved this D. All that part of the West 'Ards of the Southwest Quer- 11 ay of July, 1967 ter and Government Lot 5 lying South on the line of ' JULIUS A. COLLER Second Street Easterly in a direct line from the East City Attorney line of said Second Street in theCityof Shakopee, A. Se Common Council all in Section 6,Township 115,Range 23,Scott County, Minnesota. • ATTEST: E. A tract of land in the East the of the Southeast MELVIN P.LEBENS Quarter of Section 6, Township 115, Range 22, Scott .City Recorder . County, Minnesota. Approved this 22nd day of•August, F. A triangular tract of land in ,the East aths of the 1967. South Half of the Southeast Quarter North of Shako- - RAY SIEBENALER pee and Credit River Road, Section 6, Township 415, Mayor'of the•City of Shakopee Range 22, Scott County, Minnesota. (Pub. In Shakopee Valley News,•Sept. 7, 1967). (38446) G. 19 acres in the Southeast Quarter of the ^ Southwest 'Quarter, Section 6, Township 115, Range 22, Scott r •I I . County,Minnesota. H. The North Half of the Northeast Quarter East of ' . ' Highway No. 17 except 4.15 acres and except 1 acre, Section 7, Township 115„ Range 22, Scott County, Minnesota. L The North Half of the Northeast Quarter West of Highway No. 17. Section 7, Township 115, Range 22, , Scott County. Minnesota. J. The East 16.12 acres of the Noi-thwest Quarter of the Northwest Quarter. except 10 acres, and the North- east Quarter of the Northwest Quarter except the East 2 rods,all in Section 7,Township 115, Range 22,Scott County, Minnesota. K. The West Half of the Northeast Quarter, except 21 . . acres, and except 4.76 acres, the 'highway and 15.94 acres and 2.06 acres, Section 11, Township 115, Range , •-, • 23, Scott County, Minnesota. SECTION V: Whenever any parcel of land included in the Rural Service District is 'platted in whole or in part; or when- •• ever application is made for a permit for construction of a com- mercial, industrial, 'residential or agricultural building or im • - provement; or whenever such improvement or building is cora- ' menced without a permit, the governing body shall make and • • , ll MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne� DATE: March 1, 1996 RE : Tobacco Ordinance Violations BACKGROUND: In July, 1995, the City Council adopted Ordinance No. 414, regulating the sale of tobacco products . The ordinance was intended to protect minors, by making it difficult for minors to purchase or steal tobacco products . In particular, the ordinance prohibits tobacco sales from vending machines "except in an area within a factory, business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access . " In addition, tobacco products may not be sold "from an open display to which the public has access without the intervention of an employee" except that cigarette cartons may be sold from a display rack if the removal of the carton triggers an alarm. CURRENT MATTER: On February 23 , 1996, the Police Department surveyed 28 businesses in Shakopee which are licensed for tobacco sales . Two minors working with the police attempted to purchase cigarettes in each business . Eleven of the 28 businesses sold cigarettes to the minors . Six of the sales were from vending machines; five were from store clerks . Each of the five store clerks were issued tab charges, and will be appearing in court in March. ISSUE : When the ordinance was adopted, the City Council debated at length regarding prohibiting vending machines entirely. The Council decided that allowing vending machines in places where minors were not generally permitted access would suffice. Unfortunately, this does not appear to restrict sales to minors from vending machines . The City Council may want to decide whether to revisit this issue. The City Council also carefully structured the penalties for sales to minors. The penalty increases for each violation within a 12-month period. Prior to the penalty being imposed, a hearing must be held before the City Council, a Council committee, or by a hearing examiner. The City Council should decide whether to conduct the hearing itself, or to appoint a committee or hire a hearing examiner to conduct the hearing. For the five businesses where a store clerk was issued a tab charge, the City Council also may want to consider whether to have the hearing before or after the criminal charge has been concluded. For liquor license violations, we wait until after the criminal matter is concluded, since it makes the hearing easier. ALTERNATIVES : 1 . Direct staff to prepare an amendment to the City Code to prohibit sales of tobacco from vending machines . 2 . Do not change the ordinance regulating vending machine sales . 3 . Direct staff to initiate a hearing before the City Council on the six businesses which allowed cigarette sales to a minor from a vending machine . 4 . Direct staff to initiate a hearing now before the City Council on the five businesses where a store clerk sold tobacco to a minor. 5 . Direct staff to initiate a hearing before the City Council on the five businesses where a store clerk sold tobacco to a minor, but wait to conduct each hearing until the applicable store clerk' s criminal matter is concluded. 6 . Same as 3 , 4, and 5, but before a City Council committee . 7 . Same as 3 , 4, and 5, but before a hearing examiner, which the City Council hires. RECOMMENDATION: Discuss and give staff direction on three issues : (1) whether to change the ordinance relating to vending machines; (2) whether to hold hearings before the City Council, a Council committee, or a hearing examiner; and (3) whether to hold hearings for the five businesses where a tab charge was issued now, or after the criminal matter is concluded. [1MEMO3] -2- TO: Mayor Henderson Councilmembers FROM: Tom Steininger, Chief of Police SUBJECT: Tobacco Violations DATE: 03 05 96 INTRODUCTION: The following information is provided to augment the memo from the City Attorney dated 03 01 96. BACKGROUND: Section 10.02, Subdivision 2 of the Shakopee City Code states "it is unlawful for any person to furnish tobacco by any manner or means and in any form, to any person under the age of eighteen years. " On Friday, 02 23 96, this department conducted a compliance check of tobacco vendors in accordance with instructions received from Council in 1995. Officer Crocker, worked with representatives of the Minnesota River Tobacco Control Coalition and observed the violations listed herein. Cigarettes were purchased over the counter by a person under the age of eighteen at the following locations: K-Mart, Budget Liquor Warehouse, The Knights of Columbus Hall, Koehnen's Amoco Station and Cleve's SuperValu. In each case, the individual making the sale was charged with misdemeanor sale of tobacco to a minor. When dealing with liquor license violations, cases usually are not brought to Council until they have been adjudicated. In the interest of consistency, staff will monitor these tobacco violation cases in the same manner as liquor violation cases and bring them to Council after they have gone through the Court. Cigarettes were purchased from vending machines by a person under the age of eighteen at the following locations: The Main Event Sports Bar, Turtle's Bar and Grill, Inc. , Canterbury Inn, The Rock Spring Supper Club and Arnie's Bar. Criminal charges regarding these cases have not been filed at this time because it seems more appropriate to deal with them as license violations. 11c. • Minnesota Date : March 7 , 1996 51ST Community Action for a Tobacco-Free Environment Dear Mayor Henderson and Members of the Shakopee City Council : On Friday, February 23rd, 1996 , compliance checks for underage tobacco sales were conducted in Shakopee by the Shakopee Police Department and two youths from the Minnesota River Valley Tobacco Control Coalition. This local coalition is a subcontractor of the Minnesota ASSIST (American Stop Smoking Intervention Study) project -- a collaborative effort between the National Cancer Institute (NCI ) and the American Cancer Society (ACS) , along with state health departments and other public and private organizations , to develop comprehensive tobacco use control programs in 17 states . In an effort to assess the accessibility of tobacco to minors in Shakopee , the two youths attempted to purchase tobacco products at 28 local establishments , including grocery stores , convenience stores , gas stations , liquor stores , restaurants and bars . They were able to buy tobacco at 11 of the 28 places (39%) , with 6 of the successful buys being from vending machines . To help you put these tobacco license violations into perspective, I have attached a time line describing the lengthy process that preceded this most recent compliance check . Since March of 1994 , there have been four compliance checks conducted in Shakopee; one-on-one meetings with Chief of Police Tom Steininger , myself and local licensed tobacco retailers; and group discussions involving members of our coalition, law enforcement , city council members and local retailers during city council meetings as we all provided input into the development of Shakopee' s tobacco ordinance. During these discussions , retailers present at the city council meetings made verbal commitments to take the following actions : 1) educate their employees regarding illegal tobacco sales , 2 ) refuse tobacco sales to minors , and 3) take measures to decrease the accessibility of tobacco products to minors . However , despite those verbal commitments , some businesses continue to ignore the law and sell tobacco to kids . Five of the places who recently sold tobacco to minors had also sold on a previous compliance check (please refer to the attached sheet) . In fact , some businesses not on the most recent list , have sold three times during compliance checks since 1994 . These repeated violations of the law are unacceptable. The Minnesota State Statute regarding restricting youth access to tobacco products has been in place since 1963 and our local tobacco ordinance was adopted last July . This is a serious matter . Smoking is the number one cause of preventable death. Tobacco is AMER aEnrHCER CAN® �A so Minnesota ASSIST•c%Minnesota Department of Health 612/925-2772 612/623-5350 717 S.E.Delaware St.•P.O.Box 9441 •Minneapolis,MN 55440 1-800-582-5152. Minnesota SIST Community Action for a Tobacco-Free Environment the only legal product that when used as intended, kills -- more than 434 ,000 people every year -- more than combined deaths from Aids , Homicides , Alcohol , Cocaine , Fire, Heroin, Car Crashes , and Suicides . Preventing youth access to tobacco is an essential strategy in preventing lifetime addiction to tobacco. We ask our community to adopt an attitude of zero tolerance for youth smoking and underage tobacco sales . Refusing to sell tobacco products to minors needs to be a community "norm" not the exception. We ask you as the city council to support enforcement of our local tobacco ordinance -- to give the same level of attention to illegal tobacco sales as you would to other license violations . We are not asking for prison sentences , but meaningful penalties that will reflect the community' s willingness to stand behind the laws they adopt . If meaningful consequences , i . e . fines and/or license suspensions are not given, the attitude that I recently heard from a Shakopee minor who smokes will continue--"What ' s the big deal? We can buy cigarettes in this town and nobody does a thing about it . They sell it to kids . We buy it . And nobody cares . " Merely giving a warning to license holders that violate the law sends these message to our youth and our community-- breaking the law is no big deal , it takes multiple violations before the law is enforced, and if adults can break the law, so can kids . The tobacco industry has tried to pull communities in different directions by creating a values conflict between the health of our kids and the need for immediate profit . Our community needs to work together to protect our children by controlling the accessibility of tobacco products rather than allowing the tobacco industry to be in the driver ' s seat. Hats off to those retailers who took control and complied with our local ordinance and the Minnesota State Statute by refusing to sell tobacco to minors ! We hope you as city council members will send a strong message of support to those businesses , and an equally strong message , through consequences to those who sold. Your leadership with this issue will have an impact on the health and well -being of the youth in our community . Thank you. Sincerely, 1r i 'Aline Woodruff , Coordinator 'Minnesota River Valley Tobacco Control Coalition Minnesota ASSIST AMERKAN SOOTY@ Minnesota ASSIST•c/o Minnesota Department of Health 612/925-2772 612/623-5350 717 S.E.Delaware St.•P.O.Box 9441 •Minneapolis,MN 55440 1-800-582-5152 March 7 , 1996 TOBACCO ORDINANCE DEVELOPMENT AND ADOPTION PROCESS SHAKOPEE , MINNESOTA 3/24/94 Compliance check conducted for underage tobacco sales . 10 out of 17 stores (58 . 82%) sold tobacco to a minor. Fall/94 Julie Woodruff , Coordinator of the Minnesota River Valley Tobacco Control Coalition - MN . ASSIST, met with Chief of Police Tom Steininger to discuss compliance check results . 2/16/95 Chief of Police Tom Steininger and Julie Woodruff visited all but five of the licensed tobacco retailers in Shakopee. (The five places not visited were either not open to the general public or closed for the season. ) They explained the ASSIST project to each manager or the person in charge, and gave them a letter of intent regarding upcoming compliance checks , a copy of the law regarding vending machines , and materials to train their employees . 3/10/95 Compliance checks conducted. 5 out of 12 stores ( 42%) sold to a minor . Three of the successful buys were from vending machines . All of these places had been included in the earlier informational visit by Chief of Police Tom Steininger and Julie Woodruff . 3/29/95 Letter sent to the Shakopee City Council from Chief of Police Tom Steininger re: compliance check results . 3/30/95 Compliance checks conducted. 7 out of 13 stores (54%) sold to a minor . Four of the successful buys were from vending machines . Two of these places had just sold to the minor three weeks before. 4/4/95 Letter from Chief of Police Tom Steininger sent to the City Administrator . Members of the Minnesota River Valley Tobacco Control Coalition and Chief of Police Tom Steininger addressed the Shakopee City Council with concerns re: underage tobacco sales . 5/30/ 95 Members of the Minnesota River Valley Tobacco Control Coalition met with the Shakopee City Council at a "Committee of the Whole" meeting. 6/11/95 Public Hearing re : Tobacco Ordinance Development . 7/15/95 Mayor and City Attorney met with the local retailers . 7/18/95 Public Hearing re: Tobacco Ordinance City Council adopted a "compromise" tobacco ordinance . City Council directed law enforcement collaboration on compliance checks . 2/23/96 Compliance checks conducted . 11 out of 28 places sold to a minor (39%) . Six of the 11 successful buys were from vending machines . Partial Listing of Businesses Re: Underage Tobacco Sales * Business Date of Sale Date of Sale Canterbury Inn 2/23/96 Rock Spring 3/24/94 2/23/96 The Main Event 2/23/96 Turtle ' s Bar & Grill 3/30/95 2/23/96 Arnie' s Bar 3/30/95 2/23/96 Pullman Club 2/23/96 K-Mart 3/10/95 2/23/96 Koehnen' s Standard 2/23/96 Cleve ' s Super Valu 3/24/94 2/23/96 Budget Liquor 2/23/96 Knights of Columbus Hall 2/23/96 * Our local coalition does not advocate publishing the names of the businesses who sold tobacco to minors either in the newspaper or at community meetings . The local media acquired the names of these businesses from another source , possibly the police department , who may have a different policy re: public record. Assisting Community Acts Minnesota for a Tobacco Free En • • SIST he Minnesota ASSIST Positio Preventing Youth Access youth have easy access to tobacco. In many locales,there is continued apathy among community members about flagrant violations of the tobacco age-of- sale law. It is critical that the community send the message, especially to merchants, that tobacco use by minors and sales to minors are totally unacceptable. Parents, merchants, and all community members must ensure that the issue of tobacco sales to youth is taken seriously. Most minors who smoke purchase their own tobacco.'Therefore, if we are ever to make a dent in the youth rates of tobacco use,we must stop the supply of tobacco to youth. The most effective way to reduce youth access to tobacco is to institute on-going monitoring of merchant compliance with the age-of-sale law by conducting youth purchase attempts.This is accomplished through city ordinances which require _ licensing and establish licensing fees and fines to provide funding for compliance checks. Merchant education, signs, pledges, and pamphlets help with a comprehen- sive approach, but are woefully inadequate as a program by themselves if compliance checks are absent. Routine compliance checks are a crucial component of any community's tobacco licensing program.Without them, there is no way to monitor whether licensing laws are being followed.2 Tobacco vending machines are another point of easy access of tobacco for youth. Minnesota ASSIST supports communities to implement a total ban on tobacco vending machines. Placing machines where they are supposedly under supervision or providing them with locking devices is not effective. Policies banning tobacco vending machines can reduce youth access to tobacco, and adults will find little inconvenience by purchasing tobacco over the counter. Minnesota ASSIST coalitions must educate the community that health advocates are at issue with the tobacco industry, not people who smoke.The ASSIST approach to youth access is consistent with a core principle of the project: people who smoke are never blamed or attacked. It is the tobacco industry that encourages weak poli- cies, ineffective training for clerks, unmonitored merchant pledges, and so forth. It is the tobacco industry that continues to cloud the real issue by shifting the responsi- bility of youth access to tobacco onto youth rather than the adults who sell the tobacco. Each day, 3,000 young people begin using tobacco.' Preventing youth access to tobacco is an essential strategy in preventing lifetime addiction to tobacco. REFERENCES 1. Cummings MK,et al. For the COMMIT Research Group."Where Teenagers Get Their Cigarettes:A Survey of the Purchasing Habits of 13-16 Year Olds in 12 U.S.Communities." Tobacco Control 1992;1:264-267. 2. Association for Nonsmokers-Minnesota. Community Tobacco Control:A Handbook for Community Action.Association for Nonsmokers-Minnesota, 1994. 3. Pierce J,et al."Trends in Cigarette Smoking in the United States:Projections to the Year 2000."Journal of the American Medical Association 1989;261(1):61-65. January 1995 , Li PACKET MATERIALS PreventingYouth Access 3r Pt From the General Information Feighery E,Altman DG,Shaffer G. The Minnesota ASSIST Position on "The Effects of Combining Minnesota Preventing Youth Access.An overview Education and Enforcement to of ASSIST's philosophy on youth Reduce Tobacco Sales to Minors." ASSISTaccess. Includes comments on how the Journal of the American Medical tobacco industry covers up the issues Association, 1991;266(22):3168-3171. • around youth access to tobacco and Protect attempts to confuse the public as well Sample Ordinances/Minnesota as merchants by offering programs Statutes that do not work. Reducing Children's Access to Tobacco.Sample ordinances on self- Fact Sheets/Articles service,vending machines,and Youth Access to Tobacco. Fact sheet on licensing. From Community Tobacco youth smoking rates and youth access Control:A Handbook for Community to tobacco. Action,Association for Nonsmokers -Minnesota(ANSR), 1994.pp.41-46. Smokeless Tobacco and Youth.Fact To request a complete copy of the sheet on how common smokeless manual,call ANSR at 612/646-3005 tobacco use is among youth,especially or call ASSIST at 612/623-5304. males. Minnesota Statutes Restricting Trends in Tobacco Use Among Youth. Youth Access to Tobacco Products. Fact sheet on national youth smoking rates and their relationship to the use Resources/Citizen Action of alcohol and other drugs.From the Citizen Action:What You Can Do to Centers for Disease Control and Prevent Youth Access. Suggested Prevention activities for coalitions and community members. Questions and Answers on Preventing Youth Access and the Tobacco Resources on Preventing Youth Industry's Initiatives. Responses to Access.A list of local and national common questions about youth access resources to contact for more and information about tobacco information. industry sponsored programs. Quotable Quotes and Media Bites on Prevenll 417 ting Youth Access.These are AMERICAN sample quotes and key phrases you may choose to use when presenting ••.,.alo K. information about youth access. 612/623-5304 Assisting Community Acts Minnesota for a Tobacco-Free En SST outh Access to Tobacco > Each day, the tobacco industry must recruit over 3,000 youth to begin using tobacco to replace those people who either die or quit smoking.' State and national smoking rates suggest that the tobacco industry is succeeding in recruiting our nation's youth. Since 1980, daily tobacco use among U.S. high school students has not declined.2 According to the 1992 Minnesota Student Survey, 22% of high school seniors use tobacco daily, a percentage unchanged from 1989.3 > Boys are at a particularly high risk for using smokeless tobacco. In a University of Minnesota study, 44% of 8th, 9th and 10th grade boys reported using smokeless tobacco.4 > Although it is now illegal in all states to sell tobacco to minors,children and adolescents have easy access to tobacco products. Studies in Minne- sota have shown that 84% of girls and 59% of boys can easily purchase tobacco over the counter.'Vending machines are an even easier source: 89% of girls and 75% of boys successfully bought cigarettes.6 > Youth are well aware of the easy availability of tobacco. 88%of 16-17 year-olds who do not smoke believe it would be easy for them to get cigarettes.' Most people who smoke begin smoking during childhood or adolescence. The average age people first try smoking is 14.5 years, and 88% of persons who have ever tried a cigarette have done so by age 18. 71% of those adults who currently smoke every day started smoking by age 18.$ > The powerful effects of nicotine take hold very quickly. 63% of teenagers who smoke consider themselves to be addicted.9 70% of teenagers who smoke regret that they ever started, 64% have tried to quit, and 49% have tried to quit within the last six months.9 > Although all states prohibit the sale of tobacco to minors, the Inspector General found in 1992 that only two states were enforcing their access laws statewide.10 Minnesota is not one of those two states. Page 1 of 2-Youth Access to Tobacco REFERENCES 1. Pierce J,et al. "Trends in Cigarette Smoking in the United States: Projections to the Year 2000."Journal of the American Medical Association 1989;261(1):61-65. 2. Broder S. "Cigarette Advertising and Corporate Responsibility."Journal of the American Medical Association 1992;268(6):782-783. 3. Minnesota Department of Education.Minnesota Student Survey, 1989-1992: Reflections of Social Change. St. Paul,MN: Minnesota Department of Education, 1992. 4. Boyle R, Forster JL,Murray D. "Assessing Teenage Access to Smokeless Tobacco." Paper presented at the American Public Health Association annual meeting, Washington, DC,November 1994. 5. Forster JL,Hourigan M,McGovern P. "Availability of Cigarettes to Underage Youth in Three Communities."Preventive Medicine 1992;21:320-328. 6. Forster JL,Hourigan ME,Kelder S. "Evaluation of a City Ordinance Requiring Locking Devices on Cigarette Vending Machines."American Journal of Public Health 1992;82(9):1217-1219. 7. Centers for Disease Control. "Accessibility of Cigarettes to Youth Ages 12-17 Years -United States, 1989."Morbidity and Mortality Weekly Review 1992;41:485-488. 8. US Department of Health and Human Services.Preventing Tobacco Use Among Young People:A Report of the Surgeon General. US Department of Health and Human Services, 1994. 9. Centers for Disease Control. "Reasons for Tobacco Use and Symptoms of Nico- tine Withdrawal Among Adolescent and Young Adult Tobacco Users,"Morbidity and Mortality Weekly Review 10/21/94. 10. Office of the Inspector General. Youth Access to Cigarettes.US Department of Health and Human Services, 1992. Page 2 of 2-Youth Access to Tobacco - January 1995 Assisting Community Acte Minnesota for Tobacco-Free En P. S/ST Smokeless Tobacco and Youth > It has been estimated that minors consume 26 million containers of smoke- less tobacco annually.' > 12% of 12th-grade males in Minnesota use smokeless tobacco daily.2 In a University of Minnesota study, 44% of 8th, 9th and 10th grade boys reported having used smokeless tobacco more than five times.' > In 1986, the Surgeon General concluded that smokeless tobacco is not a safe substitute for cigarette smoking, can cause oral cancers, and can lead to nicotine addiction and dependence.4 52% of Minnesota students surveyed who use smokeless tobacco said that it was not difficult to purchase smokeless tobacco.' > 81% of youth regard smokeless tobacco to be"much safer than cigarettes."5 The inaccurate perception of smokeless tobacco as "safe" may lead adoles- cents to start using tobacco products and parents to allow this behavior.6 Of adolescent males who use smokeless tobacco: 93% said their parents knew of their smokeless tobacco use; 68% said their fathers either approved of or were neutral toward their smokeless tobacco use; 87% listed their home as a setting where they regularly used smokeless tobacco; 43%whose dentist knew of their use were not advised by him/her to quit.' > The tobacco industry has targeted male adolescents with its smokeless tobacco advertising. Following a major advertising and promotional cam- paign in the 1970s which targeted "beginners," there was a major increase in smokeless tobacco use among young males.' > According to two chemists, the United States Tobacco Company has added chemicals to increase the levelof nicotine that is released in its snuff.9 This company produces Copenhagen and Skoal, the most popular brands among adolescents who use smokeless tobacco.10 Page 1 of2-Smokeless Tobacco and Youth REFERENCES 1. DiFranza JR,Tye JB. "Who Profits from Tobacco Sales to Children?"Journal of the American Medical Association 1990;263(20):2784-2787. 2. Minnesota Department of Education.Minnesota Student Survey 1989-1992: Reflections of Social Change.St. Paul,MN:Minnesota Department of Educa- tion, 1992. 3. Boyle R,Forster JL,Murray D. "Assessing Teenage Access to Smokeless Tobacco." Paper presented at the American Public Health Association annual meeting,Washington, DC,November 1994. 4. US Department of Health and Human Services. The Health Consequences of Using Smokeless Tobacco.A Report of the Advisory Committee to the Surgeon General.National Institutes of Health, 1986. -- 5. Lynch BS, Bonnie RJ,eds. Growing Up Tobacco Free:Preventing Nicotine Addiction in Children and Youths.Washington, DC: National Academy Press, 1994. 6. US Department of Health and Human Services. Youth Use of Smokeless Tobacco:More than a Pinch of Trouble. US Department of Health and Human Services, Office of Inspector General, 1986. 7. Tye JB,Warner KE, Glantz SA."Tobacco Advertising and Consumption: Evidence of a Causal Relationship."Journal of Public Health Policy 1987;8(4):492-508. 8. Freedman,A. "How a Tobacco Giant Doctors Snuff Brands to Boost Their `Kick."' Wall Street Journal, 10/26/94. 9. US Department of Health and Human Services.Preventing Tobacco Use Among Young People:A Report of the Surgeon General.US Department of Health and Human Services, 1994. Page 2 of 2-Smokeless Tobacco and Youth January 1995 Marketing Kit • Information Sheet TRENDS IN TOBACCO USE AMONG YOUTH • Each day,more than 3,000 young people begin to smoke—or more than 1 million each year. Most of the new smokers who replace the smokers who quit or die prematurely from smoking- related disease are children or teens.' • The prevalence of cigarette smoking among high school seniors remained virtually unchanged from 1981 through 1990.In 1992, 17%of both male and female high school seniors were daily cigarette smokers? • Almost 75%of daily smokers in high school still smoke 7 to 9 years later,even though only 5%had thought they would definitely be smoking 5 years later.' • In 1989,about 64%of teenagers who are current smokers had made at least one serious attempt to quit.' • About 90%of smokers born since 1935 started smoking before age 21 and almost 50%started before age 185 • Use of smokeless tobacco among youth is a growing problem.Between 1970 and 1986,the use of snuff increased 15 times and the use of chewing tobacco 4 times among males aged 17-19 years.' • Many factors interact to encourage cigarette smoking among youth,including smoking by peers and family members,tobacco advertising and promotion,and easy availability of cigarettes.' • The most consistent influence on cigarette use among adolescents is having friends who smoke.About 80%of adolescent smokers report having at least one dose friend who smokes.About 20%of adoles- cent who don't smoke report having at least one dose friend who smokes.4 • About half of adolescent smokers have parents who smoke.Teenagers are three times more likely to smoke if their parents and at least one older sibling smoke.' • About 85%of adolescent smokers who buy their own cigarettes usually buy Marlboro,Newport,or Camel cigarettes,the most heavily marketed brands.' • White high school seniors are on average five times more likely to smoke than black high school seniors.Smoking prevalence among Hispanics falls in between? • Among male high school seniors,the prevalence of smoking half a pack of cigarettes or more a day is 18%among Native Americans,compared with 12%among whites,5%among Mexican-Americans, 4%among AsianAmericans,and 2%among African-Americans.° USE OF TOBACCO, ALCOHOL, AND OTHER ILLICIT DRUGS AMONG YOUTH • Illegal drug use is rare among those who have never smoked.Cigarette smoking is likely to precede use of alcohol or illegal drugs.' • Virtually no use of alcohol,tobacco,or illicit drugs(except cocaine)begins after age 2510 • More than 3.5 million 12-through 17-year-olds have tried marijuana,and one-third of these are regular users;over half a million adolescents have tried cocaine,and half of these are regular users." CDC [fRFx.0a MSF.SF COWAN. • • In 1989,over 3 million U.S.teenagers(16%)were current cigarette smokers.Approximately 7 million more teenagers (29%)had at least tried smoking.4 • Among students who had drunk alcohol,the average age at first use was 12.5 years.Among students who had used marijuana,the average age at first use was 13.7 years.0 • About 1.7 million youths aged 12-18 have smoked a whole cigarette before their 12th birthday.4 REFERENCES 1. Pierce JP,Fare MC,Novotny TE,et al.Trends in Cigarette Smoking in the United States.Ptojeaions to the Year 2000.JAMA 1989;261:61-65. 2. National Institute on Drug Abuse.National Survey Results on Drug Use from Monitoring the Future Survey,1975- 1992,Vol.1.Bethesda,MD:US.Department of Health and Human Services,Public Health Service,National Institutes of Health,1993;NIH publication no.93-3597. 3. National Instiare on Drug Abuse.National Survey Results on Drug Use from Monitoring the Future Survey,1975- 1992,Vo1.2.Bethesda,MD:US.Department of Health and Human Services,Public Health Service,National Institutes of Health,1993;NIH publication no.93-3598. 4. Allen KF,Moss AJ,Giovino GA.Shopland DR.Pierce JP.Teenage Tobacco Use:Data Estimates from Teenage Attitudes and Practices Survey,United States,1989.Hyattsville,MD:U.S.Department of Health and Human Services,Public Health Service,National Center for Health Statistics,1993.(Advance Data from Vital and Health Statistics, no.224). 5. US.Department of Health and Human Services.Reducing the Health Consequences of Smoking 25 Years of Progress.A Report of the Surgeon General,1989.Rockville,MD:US.Department of Health and Human Services,Public Health Service,Centers for Disease Control,1989;DHHS publication no.(CDC)89-8411. 6. Moss AJ,Allan KF,Giovino GA,Mels SL Recent Trends in Adolescent Smoking,Smoking-Uptake Correlates and Expectations About the Future.Hyattsville,MD:US.Department of Health and Human Services,Public Health Service, National Center for Health Statistics,1992.(Advance Data from Vital and Health Statistics,no.221). 7. Centers for Disease Control.Comparison of Cigarette Brand Preference of Adult and Teenage Smokers,United States, 1989 and 10 U.S.Communities,1988 and 1990.MMWR 1992;41:169-73,179-81. 8. National Institute on Drug Abuse.Smoking,Drinking and Illicit Drug Use Among American Secondary School Students, College Students and Young Adults 1975-1991,Vol.I.Bethesda,MD:U.S.Department of Health and Human Services, Public Health Service,National Institutes of Health,1992;NIH publication no.93-3480. 9. US.Department of Health and Human Services.The Health Consequences of Smoking:Nicotine Addiction.A Report of the Surgeon General,1988.Rockville,MD:US.Department of Health and Human Services.Public Health Service, Centers for Disease Control,1988;DHHS publication no.(CDC)88-8406. 10.National Center for Health Statistics.Health Promotion and Disease Prevention,United States,1985.Hyattsville, MD:U.S.Department of Health and Human Services,Public Health Service,National Center for Health Statistics,1988; DHHS publication no.(PHS)88-1598.(Vital and Health Statistics,vol.10,no.163). 11.The National Commission on the Role of the School and the Community in Improving Adolescent Health.Code Blue Uniting for Healthier Youth.Alexandria,VA:National Association of State Boards of Education,1990. 12.US.Department of Health and Human Services,Public Health Service.Results from the National School-Based 1991 Youth Risk Behavior Survey and Progress Toward Achieving Related Health Objectives for the Nation.Public Health Reports 1993;108(supplement 1). December 1993 s.‘ (])C U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES•Public Health Service CORM PM DIME warm Assisting Community Act Minnesota for a Tobacco-Free En• SIST Questions and Answers on Preventing Youth Access and the Tobacco Industry's Initiatives QThe tobacco industry seems to be concerned A This program delivers a message designed to about youth gaining access to tobacco and shift the burden of responsibility away from the they provide training programs to merchants. retailers, placing it on underage purchasers. Doesn't the industry also propose legislation to Unlike the best state and municipal laws, there address youth access?Why don't we just work is no enforcement mechanism; violators run no together and implement the programs they risk of punishment. offer? The Jaycees in our community have a program AThe tobacco industry has a history of introduc- Q called JAYS that will address youth access. ing ineffective or weak initiatives and cam- Should we support their program? paigns designed to improve its image.These initiatives serve two major purposes: A The U.S.Junior Chamber of Commerce (Jaycees) has introduced a program called JAYS 1) To improve the tobacco industry's distepu (Jaycees Against Youth Smoking) which, on the table image. Growing criticism of the surface, appears to address the issue of youth industry's marketing efforts, especially those access to tobacco. However, a closer look at the which target youth, has resulted in public JAYS program reveals that it is simply the "Its support for effective restrictions on minors' the Law" program, funded by the R.J. Reynolds access to tobacco. The tobacco industry Company(RJR),and repackaged and reprinted seeks to build its credibility,and to deflect by the Jaycees.While the Jaycees should be attention from more serious positions advo applauded for their efforts to take on the issues cated by state and local authorities. around youth access to tobacco, the ineffective 2) To serve as a front for the industry's lobbying components of signs, pledges,and pamphlets. efforts.The tobacco industry's legislative combined with the RJR sponsorship has lead proposals are substantially weaker than many the Jaycees'good intentions down a dead-end. now pending in states and cities. Industry- Through this program, members of local sponsored bills at the state level also invari- Jaycees chapters conduct visits to individual ably include preemption provisions that retail establishments and ask the merchants to: prohibit local efforts to enact stronger legislation. • maintain a store policy of checking IDs for all age-restricted products; QWhat about the Tobacco Institute's national • post one or more signs to promote awareness program to provide retailers with signs, decals, of age restriction laws; stickers and lapel buttons carrying the slogan, "It's the Law. We do not sell tobacco products to • ensure that all employees understand the persons under 18?" importance of these laws; Page 1 of 3-Questions and Answers on Preventing Youth Access • and sign a pledge stating their commitment to the industry provides itself an opportunity to help reduce youth access to tobacco. lobby for a preemption clause that would The critical component that will lead to signifi- prevent any locality from adopting a higher age cant reductions in sebacco sales to children— limit, or appropriate enforcement measures. monitoring sales-is absent. Q Don't tobacco companies support supervision The tobacco industryhas nationallydiof vending machines in areas frequented by strib- minors? Doesn't that keep kids from buying uted a free 18-page brochure titled"Tobacco: cis Helping Youth Say No." Isn't this intended for parents to help their children resist peer A This is another attempt to obscure the real pressure to use tobacco? issue: vending machines should not be in This booklet serves to shift the responsibility of locations frequented by minors. Cities across A preventing youth tobacco use onto children and , the country are enacting complete bans on vending machines because it is unreasonable to away from the industry and its $3.3 billion expect that vending machines can be super- yearly investment in advertising and promotion. vised. If someone is able to "supervise" a vend- The brochure fails CO address why children ing machine, then that person should instead be shouldn't use tobacco, referring only to tobacco able to sell cigarettes and ask for ID. use as an"adult habit" that is illegal for minors. • Parents are told to tell children that they are notWhy can't we believe that the tobacco industry old enough to make an informed decision about Q has good intentions? Don't they get enough tobacco use. profits from adults who smoke? RJR offers another pamphlet, "Right Decisions, A Although children may represent a small market Right Now,"which is provided for parents who share for the tobacco industry, they are none- wish to speak to their kids about not smoking. theless significant.The tobacco industry earns While health detriments due to smoking are $221 million in profits each year from its illegal briefly mentioned, there is no information at all sales to children. More importantly, todays about the addictive nature of tobacco products. young people who smoke are tomorrow's adult Parents who smoke are encouraged to explain to addicts; 88%of persons who have ever tried a their children that they do so because it is an cigarette have done so by age 18. Seventy-one enjoyable behavior.Tobacco control organza: percent of those adults who currently smoke tions are not listed in the additional resources every day started smoking by age 18.1 In this section of the pamphlet (such as the American sense, they are perhaps the cigarette industry's Cancer Society; the American Lung Association most important customers. and the American Heart Association). We need to educate youth about the dangers Sometimes tobacco companies support state <-of tobacco use and that it is illegal for them to ` .-laws prohibiting the sale of tobacco to those buy tobacco.Why punish the merchants? under 18. How can you say that that isn't positive? A There are many good education programs available today for youth about tobacco,and ABy expressing an interest in setting a legal age substantial expenditures on these programs have limit, the industry attempts to gain public been made. Unfortunately,youth tobacco use support by aligning itself with an already rates remain high.The 1992 Minnesota Student accepted policy. By taking a proactive position, Survey found that 22% of high school seniors Page 2 of 3 - Questions and Answers on Preventing Youth Access use tobacco on a daily basis.2 Through the implementation of a licensing system which supports compliance checks and provides for fines to those who make illegal sales to children, all merchants are operating on an equal playing field.This type of system will ensure that those who make the illegal sales to children will be identified and punished. QWhy don't we arrest the kids who are buying tobacco? Isn't it illegal for them to even possess tobacco? AIndeed it is illegal in Minnesota for minors to purchase and to possess tobacco. However, in light of the fact that the law enforcement and criminal justice systems are already overbur- dened, it is much more effective, and saves time and dollar resources, to eliminate the source of the tobacco.Administrative penalties and fines should be imposed on merchants who sell to minors.This method is less time consuming and less costly than imposing criminal penalties on youth. REFERENCES 1. US Department of Health and Human Services.Preventing Tobacco Use Among Young People:A Report of the Surgeon General.US Department of Health and Human Services, 1994. 2. Minnesota Department of Education.Minnesota Student Surve}i 1989-1992:Reflections of Social Change.St. Paul,MN: Minnesota Department of Education, 1992. Page 3 of 3- Questions and Answers on Preventing Youth Access January 1995 Minnesota Statutes Restricting Youth Access To Tobacco Products 609.685 SALE OF TOBACCO TO CHILDREN Subdivision 1. Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut,crimp cut,ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweeping of tobacco; and other kinds and forms of tobacco,prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. (b) "Tobacco related devices"means cigarette papers or pipes for smoking. Subd. la. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever smokes, furnishes tobacco or tobacco-related devices to a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Whoever uses, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. Subd. 4. Effect on local ordinances. Nothing in subdivision 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivision 1 to 3. Subd. 5. Exception. Notwithstanding subdivision 2, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined in section 257.351, subdivision 9. History: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 art 9 s 44,45 The law makes it a petty misdemeanor for a minor to possess tobacco. Previously, only minors who smoke or chew tobacco, or who purchase or attempt to purchase tobacco, could be found guilty of a petty misdemeanor. The maximum fine for a petty misdemeanor is $200. The provision is effective Aug. 1, 1994. (HF2351*/SFnone/CH636, Art. 2, Sec. 44) 1 Y 325E.075. SALE OF TOBACCO BY VENDING MACHINE Subdivision 1. Definition. For purposes of this section, "tobacco" has the meaning given the term in section 609.685. Subd. 2. Prohibition. Tobacco may be offered for sale or sold in this state by or from a vending machine or appliance or any other medium, device, or object, designated or used for vending purposes only in the following locations: (1)in an area within a factory, business, office, or other place not open to the general public or to which persons under 18 years of age are not generally permitted access; (2)in an on-sale alcoholic beverage establishment or an off-sale liquor store, if: (i) the tobacco vending machine is located within the immediate vicinity, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee; (ii) the tobacco vending machine is not located in a coatroom, restroom, unmonitored hallway, outer waiting area, or similar unmonitored area; and (iii) the tobacco vending machine is inaccessible to the public when the establishment is closed. (3) in other establishments, upon the following conditions: (i) it must be located within the immediate vicinity,plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee; it must not be located in a coatroom, restroom, unmonitored hallway, outer waiting area, or similar unmonitored area; and it must be inaccessible to the public when the establishment is closed; and (ii) it must be operable only by activation of an electronic switch operated by an employee of the establishment before each sale, or by insertion of tokens provided by an employee of the establishment before each sale. Subd. 3. Local regulation. The governing body of a local unit of government may adopt rules or ordinances relating to vending machine sale of tobacco that are more restrictive than the restrictions imposed by this section. NOTES ON DECISIONS 1. Validity The police power of the legislature, as exercised through statutes like 617:64 (repealed; see, now, this section) relating to use of tobacco by minors, have never been successfully questioned; both the state and its municipalities have a wide discretion in resorting to that power for the purpose of preserving public health, safety, and morals, or abating public nuisances. State v Crabtree Co., 1944. 218 Minn 36, 15 N.W.2d 98. 2. Sale to minors Proprietor of establishment accepts the responsibility under subd. 2 of this section when he places or permits cigarette vending machines in his establishment regardless of whether the person was aware that minors might purchase by and through the machine. Op.Atty.Gen., 829c-2 Dec. 13, 1966. 2 325.E07. CIGARETTE VENDING MACHINES,NOTICE RELATING TO SALES Subdivision 1. In a conspicuous place on each cigarette vending machine in use within the state, there shall be posted, and kept in easily legible form and repair, by the owner, lessee, or person having control thereof, a warning to persons under 18 years of age which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall read as follows: "Any Person Under 18 Years of Age is Forbidden By Law To Purchase Cigarettes From This Machine." Subd. 2. Any owner, any lessee, and any person having control of any cigarette vending machine which does not bear the warning required by this section shall be guilty of a misdemeanor. History: 1963 c 545 s 1 DISTRIBUTION OF TOBACCO PRODUCTS 325F.76 Definitions. Subdivision 1. Terms. For the purposes of section 325F.76 to 325F.78, the terms defined in this section have the meanings given them. Subd. 2. Chewing tobacco. "Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth. Subd. 3. Distribute. "Distribute" means to give products to the general public at no cost or at nominal cost for product promotional purposes. Subd. 4. Package. "Package" means a pack, box, or container of any kind in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed. Subd. 5. Person. "Person" means any individual, partnership, corporation, or other business or legal entity. Subd. 6. Smokeless tobacco. "Smokeless tobacco" means chewing tobacco or tobacco snuff. Subd. 7. Tobacco snuff. "Tobacco snuff' means a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user. History: 1986 c 352 s 1 325F.77 PROMOTIONAL DISTRIBUTION Subdivision 1. [Repealed, 1987 c 399 s 5] Subd.2. [Repealed, 1987 c 399 s 5] Subd.3. Legislative intent. Because the state prohibits both the use of tobacco products by minors and the furnishing of tobacco products to minors, and because the enforcement of an age-related restriction on the promotional distribution of tobacco products is impractical and ineffective, it is the intent of the legislature to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution, except as allowed in this section. Subd. 4. Prohibition. No person shall distribute smokeless tobacco products or cigarettes, cigars, pipe tobacco, or other tobacco products suitable for smoking, except that single serving samples of tobacco may be distributed in tobacco stores. 3 609.681 UNLAWFUL SMOKING A person is guilty of a misdemeanor if the person intentionally smokes in a building, area, or common carrier in which "no smoking" notices have been prominently posted, or when requested not to by the operator of the common carrier. Laws 1989,c 5, 10, eff. Aug 1, 1989 Sec.44. Minnesota Statutes 1993 Supplement, section 609.685, subd.3 is amended to read: Subd.3 [Petty Misdemeanor.] Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. 340A.503 PROOF OF AGE Subdivision 6. Proof of age; defense. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. History: 1993 c 347 s 21; 1993 c 350 s 13 4 • Assisting Community Act". Minnesota for a Tobacco-Free En S,ST Quotable Quotes and Media Bites on Preventing Youth Access "If it was legal to sell to `em,we'd be glad to." —Walker Merryman of the Tobacco Institute, on selling cigarettes to children,WHCS-TV, Portland,Maine,August 5, 1992. • "Sincerity is rarely a trait ascribed to the tobacco industry." —New York Times, October 26, 1993. "The very premise that smoking is something youths should be deciding about must be condemned. Each day,approximately 3,000 American adolescents become regular smokers. Of these,about 30 will eventually die in traffic accidents, 20 will be murdered,and nearly 750 will be killed by tobacco.Who would all a child that he must decide whether or not to run in front of a car or pack a gun to school?We certainly should not be telling children they must decide about smoking." —Joseph DiFranza and Tim McAfee, "The Tobacco Institute: Helping Youth Say`Yes'to Tobacco," Journal of Practice 1992;34(6). "The pharmacist is a professional. He or she may also be an entrepreneur and sell other things besides prescription drugs, but something as dangerous to the public health as tobacco should not be sold in a store accredited as a pharmacy." —William Wensley on the efforts of the Ontario College of Pharmacists to stop the sale of cigarettes in the Canadian province's drug stores, "Pharmacists to Ban Cigarette Sales," by Rod Mickleburgh, Globe and Mail October 18, 1990. • "Vending machines allow children to have easy access to cigarettes, and are a primary source of their supply.They also constitute a powerful symbol that society does not take seriously the problem of cigarette sales to minors." -former New York Governor Mario Cuomo,Albany New York Times Union,September 2, 1992. Page 1 of 2-Quotable Quotes on Preventing Youth Access "[The] reason you don't see vending machines for wine and beer is the same reason you shouldn't have vending machines for cigarettes. Why should you dispense something linked to cancer, to death in a machine that a child can—and will—operate?" —Hank Prensky, City Council member in Takoma Park,Maryland, "Cigarette Machines Facing Ban," by Jo-Ann Armao, Washington Post,July 8, 1990. "You can't buy beer from a vending machine. Why should you be able to purchase cigarettes there?" —Dr. Louis Sullivan, former Secretary of Health and Human Services, "Smoking Foes Target Vending Machines," by Carol Memmott, USA TODAY,July 23, 1990. "Think about this issue. Cigarettes kill 400,000 Americans a year—more than illicit drugs, more than alcohol,yet we sell them in vending machines that literally a nine-year-old could operate. It's nary." —Mark Pertschuk, general Counsel for Americans for Nonsmokers' Rights, "Cigarette Machines Facing Ban,"by Jo-Ann Armao, Washington Post,July 8, 1990. "One purpose of government is to protect those who are unable to protect themselves from danger. Certainly the protection of 12- to 13-year-old children from easy access to large quantities of a cancer causing,addicting drug, should be a responsibility of government." —Officer Bruce Talbot,in testimony before the US Senate Committee on Labor and Human Resources, regarding the Tobacco Product Education and Health Protection Act of 1990, S. 1883,April 3, 1990. "Many people view smoking as a freedom of informed adult choice. Few would argue that 13-year old students possess the knowledge or emotional maturity to make an informed decision on smoking... The current 13 year- old smoker will have his adult choice [to smoke or not to smoke] taken away by nicotine addiction." —Officer Bruce R.Talbot,in his testimony before the US Senate Committee on Labor and Human Resources,April 3, 1990. Media Bites Kids will get access to tobacco until the law effectively bites the hands that feed them cigarettes. Pharmacists who sell drugs that heal are licensed to make sure that drugs don't get into the wrong hands; shouldn't vendors who sell cigarettes that kill be licensed to make sure that they don't get sold to kids? Inge 2 of 2- Quotable Quotes on Preventing Youth Access January 1995 Minnesota Assisting Community Act', ���� for a Tobacco Free En Citizen Action: WhatY ou can do to preventyouth outh access The following activities may be used as ways to educate and organize the community.These are not stand-alone activities, but they can be used as a component to a larger tobacco policy change project. Specific policy actions are listed below, in the second section of this handout. Activities Monitor tobacco sales to minors. This is done by conducting youth purchase attempts,or "compliance checks."This is a good community organizing project which helps to identify the problem in local terms. It can be done in a positive manner so that neither the clerk who sold nor the merchant is identified(For information about compliance checks,contact the Minnesota ASSIST Project at 612/623-5356). Testify at city council meetings. Youth and adults can participate by offering testimony to city councils about youth access.Young people can bring an especially powerful message by explaining their participation and the results of local compliance checks. Conduct a youth campaign to ask merchants not to sell to minors and post youth designed signs. This is another potential community organizing activity.Youth are attractive to local media and can be used to help deliver a message to the community about the urgency to stop merchants from selling tobacco to children. Encourage merchants to eliminate tobacco from their stores. While we would encourage all merchants to eliminate addictive, deadly products from their stores, it is an especially positive move for pharmacies. Pharmacists are in the health care profession and to sell a product that kills when used as directed is in direct conflict with the basic tenets of the profession. Educate merchants about youth access and age-of-sale laws. Merchant education alone is ineffective and must be accompanied by regular monitoring of compliance with the tobacco age-of-sale law.This activity can be useful to inform merchants about the gravity of youth access to tobacco, provide information about the age-of-sale law,and encourage merchants to join the community in supporting stricter enforcement.While initially merchants may show some interest in addressing youth access issues,typically they become organized by the tobacco industry and work against the very policy that would reduce access and deal with the merchants who do sell. Page 1 of 2- Citizen Action m Prrvent}bush Access Provide positive PR for those merchants who don't sell tobacco to minors. By recognizing those merchants who don't sell tobacco to children, you show that you are interested in working with them. In addition, most merchants are appreciative of some positive, free advertising!This strategy may also serve as an organizing theme by alerting the community that there are other merchants who do sell tobacco to children. Policy Actions Coalitions and community members may work toward implementing the following policies through local ordinances. Eliminate self-service of tobacco. Restrict tobacco sales to behind-the-counter only. By requiring clerk-assisted sales of tobacco, theft may be reduced.This policy may also serve as a reminder to the clerk to check IDs and discourage youth from attempting to buy tobacco. Eliminate vending machines. Younger children are most likely to use vending machines as a source of tobacco because it is a less intimidating way to purchase the product than by facing a clerk.' Alternatives, such as locking devices and requiring the machines to be placed in the view of an employee, do not work. Restrictions on vending machines are widely supported, and adults should not feel any inconvenience by purchasing tobacco from a clerk. Increase(or implement) tobacco license fees to support routine compliance checks of all tobacco vendors. The only way to ensure compliance with the age-of-sale law is to implement an on- going compliance check program. Education alone does not work Communities should charge tobacco license fees in amounts that will fund compliance checks. Civil penalties, including fines and tobacco license suspension or revocation, should be imposed upon merchants who sell tobacco to minors? Restrict tobacco sales to carton-only. This policy is a good way to help reduce youth access to tobacco because youth generally do not have the disposable income available to pay for a whole carton of cigarettes. Restrict types of outlets and reduce numbers. Communities can more easily monitor compliance with the tobacco age-of-sale law by restricting the types and the numbers of tobacco outlets. REFERENCES 1. Response Research,Inc.Study of Teenage Cigarette Smoking and Purchase Behavior.Chicago,IL,June/July 1989. 2. Lynch BS,Bonnie RJ,eds. Growing Up Tobacco Free:Phrventing Nicotine Addiction in Children and Youths.Washington,DC: National Academy Press, 1994. Page 2 of 2- Citizen Action to Prevent Youth Access January 1995 • The Effects of Combining Education and Enforcement to Reduce Tobacco Sales to Minors A Study of Four Northern California Communities • Ellen Feighery, MS; David G. Altman, PhD; Gregory Shaffer, MA Objective.—To examine the effects of a community education and law en- olds, 9.5%in 14-and 15-year-olds, and forcement intervention on illegal tobacco sales to minors. 19.1%in 16-and 17-year-olds. The rate Design.—A 2-year,before and after trial with retail stores as the unit of anal- for 16- and 17-year-olds is just 2% less ysis than that of the overall California adult Setting.—Implementation occurred in four suburban California communities population.This study also identified ex- with populations of 25 000 to 100000. operimenters: 12.9% of 12- and 13-year- Partici ants.—All the retail stores in one intervention communityand half the 4lam' of 29.4%16-andf 1 and 15-year-olds, and P 40.8% 17-y -olds.Nationally, retail stores, randomly selected, in the other three intervention communities in 1988, more than 3 million Americans (n=169)were visited by minors aged 14 to 16 years with the intent to purchase under the age of 18 years consumed al- tobacco. most 1 billion packs of cigarettes and 26 Intervention.—Ongoing community and merchant education and four law million containers of smokeless tobacco, enforcement operations were conducted. accounting for approximately 3%of an- Main Outcome Measures.—Over-the-counter and vending machine sales of nual tobacco industry profits.?These data tobacco to minors were the primary outcomes. illustrate that minors are obtaining to- Results.—Among a cohort of stores.visited by minors at the pretest(n=104) O readily. in June 1988,71%sold tobacco over the counter and 92%sold tobacco through vending machines.At posttest 2 in May 1990,24%sold tobacco over the counter See also pp 3159 and 3186. and 93%sold tobacco through vending machines. Of the 31 stores issued ci- tations, 16 were followed into the courts where the fines were dismissed or re- Indeed,in field trials around the coun- duced. try,minors have purchased tobacco sue- Conclusions.—Education alone had a limited effect on reducing illegal cessfully from stores and vending ma- tobacco sales to minors.It did promote community support for more aggressive chines 70%to 100%of the time(E.F., enforcement strategies. Education plus enforcement decreased significantly unpublished data,1991).810In May 1990, over-the-counter sales;vending machine sales were unaffected by these inter- Louis Sullivan, MD, Secretary of the ventions.The lack of support at the judicial level may temper the effectiveness Department of Health and Huan Ser- of enforcement. Legislative remedies addressing judicial obstacles and vend- ==, wrote: Access of minomrs to to- ing machine sales are needed. bacco is a major problem in every state ()AMA.;19s>«es else-tin) of the nation. About three-fourths of the million outlets which sell cigarettes to adults also sell cigarettes to minors. EASY access to tobacco products by smokers become addicted to tobacco by These stores ignore the laws of their adolescents is a major public health prob- the age of 18 years,generally before it states because enforcement is almost lem. Approximately 75% of current is legal for them to purchase tobacco nonexistent.""The Inspector General's products.'The importance of prevent- Office of the Department of Health and • ing early tobacco use is reinforced by Human Services found blatant disregard From the Center for Research in Disease Prevention. data illustrating that tobacco is the ini- of the laws that prohibit the sale of to- Stanford university School of Medicine.Paw Alw.Calif tial drug of preference for young people bacco to minors by merchants,law en- (Ms Feighery and Or Altman)and dee North Bay Health Resources Center.Petaluma.Calif(Mr Shaffer). and that its use is associated with other forcement agencies,and communities at Reprint requests to the Center for Research in Ois- drug use.'a A 1990 report of tobacco use large. Specifically, they found only 11 ease cine.Prevention. mo Wion.Stanford Alto CA�9School a3 . (Ms lM m Californias found that current smok- active state and local jurisdictions where cry) ing status was 3.3%in 12-and 13-year- these laws were enforced.' In one of 3168 JAMA. December 11, 1991—Vol 266.No.22 Education and Enforcement to Reduce Tobacco Sales—Feighery et al • these jurisdictions, Woodridge, Ill, il- generated from the telephone company names of violators and stores. legal sales to minors in the 26 stores yellow pages and the county health de- In May 1990,following police enforce- licensed to sell tobacco were eliminated partment's listing of eating establish- ment activities and continued education, due to a tobacco retailer licensing ordi- ments.The outlets included grocery,li- 15 male and female minors aged 14 to 16 nance and active law enforcement.This quor and convenience stores, restau- years who had not participated previ- impressive finding should be interpreted rants, pharmacies, and gas stations. ously in the project visited 145 stores in in light of the fact that in the four vil- In September 1988,a comprehensive the four cities with the intent to pur- lages contiguous to Woodridge,tobacco educational intervention directed at mer- chase tobacco(posttest 2). Of the orig- sales to minors occurred in 94%of the chants, law enforcement agencies, and inal 169 outlets visited in June through stores. Thus,tobacco is still readily ac- the community at large was begun.The August 1988, 104 were revisited in May cessible to Woodridge minors.The cur- intervention included widely publiciz- 1990. The 65 stores not visited in May rent study evaluates an intervention, ing the results of the pretest through 1990 either went out of business,did not also cited in the Inspector General's re- the local media; making presentations sell tobacco products, or could not be port,that combined merchant and com- to city councils,the county board of su- located by project staff members. At munity education with active enforce- pervisors,and community organizations; posttest 2, 41 of the 145 stores visited ment of the California law by local police and mailing educational packets to all had not been visited previously. To ex- departments. The goal was.to reduce tobacco retailers in the four cities. The amine the representatives of the 104 tobacco sales to minors by 50%. packets included a cover letter that de- stores that were visited at the pretest Laws regulating sales of tobacco prod- scribed the results of the first survey and posttest 2,two analyses were con- ucts to minors differ from state to state. and why it was important to comply ducted.The first,an analysis of pretest California law prohibits the sale and pur- with the law,a copy of the law,warning data,compared stores with pretest data chase of tobacco products to and by any- stickers for cash registers,employee ed- only(n=65)to stores with pretest and one under the age of 18 years.Retailers ucation materials, and a list of individ- posttest 2 data(n=104).The second,an who break this law are subject to a mis- uals and community organizations sup- analysis of posttest 2 data, compared demeanor with a first-offense fine of porting the project. stores with posttest 2 data only(n=41) $200,a second-offense fine of$500,and In December 1988, half of the stores to stores with pretest and posttest 2 a third-offense fine of$1000.As of Jan- visited at the pretest were selected ran- data(n=104).Neither of these analyses uary 1, 1989,minors caught purchasing domly and visited by eight of the orig- was significant,suggesting that the 104 tobacco are subject to a fine of$50 or 25 inal 20 minors(posttest 1).A total of 83 stores visited at the pretest and post- hours of community service work. stores were visited.Because the results test 2 were representative of the entire METHODS of this visit fell short of project expec- sample of 210 different stores visited tations to reduce sales by at least 50%, over the course of the intervention(169 In 1988, the Solano County Cancer face-to-face interviews were conducted at the pretest, 41 at posttest 2). Prevention Program embarked on a com- with 17 merchants to discover why the Because the California law was not munity-wide effort to reduce the illegal educational effort did not achieve the enforced prior to the intervention, we sale of tobacco to minors.The four tar- results of a similar study in Santa Clara wanted to document how judges inter- geted cities in Solano County,California County, California." Merchants re- preted it. In the summer of 1990, staff (Benicia,Fairfield,Vacaville,and Vallejo), ported the following:(1)frustration that members followed half of the store clerks with populations ranging from 25 000 to minors could purchase tobacco products cited for selling tobacco to minors 100000, account for approximately 85% easily from other local sources,making through the county court system and of the county's 340000 residents. These it a disincentive to change their prac- interviewed each judge after court ses- are suburban communities separated tices; (2) knowledge that the law was sions to obtain explanations of their from each other by 8 to 24 km. not enforced and a belief that without decisions. Tobacco sales to minors (yes or no) the sanctions of active enforcement,. RESULTS was the primary outcome variable of business as usual was acceptable; and the study. Data were collected at the (3)belief that the most effective method Overall, 73% (n=169) of stores sold pretest (June through August 1988); to stop sales to minors was by active en- tobacco to minors at the pretest, 68% posttest 1, after an education-only in- forcement. The results of the store sur- (n=83)sold tobacco at posttest 1, and tervention(December 1988); and post- veys and the merchant interviews were 31%(n=145)sold tobacco at posttest 2. test 2, after an education plus law en- communicated to local police departments Over-the-counter sales dropped from forcement intervention(May 1990).Data with requests to enforce the law. 72% at the pretest (n=144), to 62% were analyzed using the McNemar non- In November 1989,a law enforcement (n=69)at posttest 1,and to 21%(n=122) parametric test. intervention was added to the ongoing •at posttest 2. Vending machine sales In June through August 1988 (pre- educational intervention.Four police de- were 84%at the pretest(n=25),93%at test),20 youths ranging in age from 14 partment enforcement operations (ie, posttest 1 (n=14), and 83%(n=23) at to 16 years were recruited through local "stings") were conducted by three po- posttest 2. Table 1 presents data from community agency contacts and escorted lice departments. Upcoming police vis- the cohort sample of stores visited at to 169 stores in the four intervention its to stores were announced in local both the pretest and posttest 1,and Ta- cities to purchase tobacco. The 14- to newspapers. A total of 90 stores were ble 2 presents data from the cohort of 16-year-old age group was selected be- visited by underage police cadets;34% stores visited at both the pretest and cause this is generally when experimen- of the stores sold tobacco products and posttest 2. • tation and adoption of smoking behavior received citations.Each enforcement ef- Following-the issuance of citations, occurs. The stores comprised approxi- fort required about 8 hours of each po- 16 of the 31 merchants who received mately half of all the retail outlets in lice department's time,half of which was citations were followed through the ju- each city with the exception of Benicia spent visiting the stores and the dicial system by Solano County Cancer where all tobacco retailers were sur- other half on paperwork. The results Prevention Program staff members to veyed. The outlets in the other three of this police activity were reported track the disposition of the cases. In cities were selected randomly from lists in the local media, including the seven cases, the judges suspended the JAMA. December 11 1991—Vol 266. No.22 Education and Enforcement to Reduce Tobacco Sales—Feighery et al 3169 Table 1.—Cohort of Stores visited at Pretest and Posttest 1 to Determine Percentage of Stores Selling County study, one of which was San Tobacco to Minors Jose,the 11th largest city in the United x Change Pretest States, were primarily urban. Second, t June 1968 December 1986 to Posttest it while we used local print and radio me- variable No.ofStores(%) No Posttest (X,) p• arosrvalti ice dia extensively,we were generally L1n- All stems n (77) 77 (65) • NS —12 (1 —24) able to capture the attention of the larger Over-the-counter sales 64 (73) 64 (59) Ns —14 (0,—28) San Francisco Bay area television me- Vending machines sales 13 (92) 13 (92) NS —0 (21,-21) did market as was accomplished in the Santa Clara study.We did,however,get •NS indicates a significance level>.os. some television coverage when police de- tPer`ent in pretest—percent in pow 2. partments started issuing citations. *95%confidence interval calculated for charge using sample with data at pretest and posttest 1. There are several disappointing out- comes of the intervention to date.First, Table 2.—Cohort of Stores Visited at Pretest and Posttest 2 to Determine Percentage of Stores Selling vending machine sales were unaffected. Tobacco to Minors This provides support for the elimina- %Change Pkat tion of all tobacco vending machines,an June 1986 May 1990 to Posttest 2* action called for by Department of Variable No.of Stores (%)• No.ofPosttest;(%)H (95%C4/9599"s9 ealth and Human Services Secretary All stones 104 (75) 104 (35) <.0001 —40 (—26.—55) Louis Sullivan and several proheaith ne Over-thecoumersales 87 (71) 87 (24) <.0001 —47 (-31.-64) groups. Community experiences with Vending machines sales 14 (93) 14 (93) NS • 0 (20,—20) partial vending machine bans (eg, vol- untary surveillance of machines by re- 'The numbers for over-the-counter sales(87)and vending machine sales(14)do not add up to the number for tailers, the use of locking devices or to- ol stores(104)because three stores were dropped from the analysis since tobacco was purchased differently kens,or limiting machines to adult km_ between tests(eg,one time by over-the-counter and one time by vending machine). tNS indicates a significance level>.05. tions)in limiting vending machine sales of *Percent in pretest—percent in poshest 2. tobacco to minors are not encouraging. §95%confidence interval calculated for change using sample with data at pretest and posttest 2. The second outcome was the judges' • dismissals of charges and reductions of sentences, placed those cited on infor- nity and merchant education alone. fines when store clerks who received mal probation,and imposed$50 fines as Given the small amount of time spent by citations appeared in court. This was a condition of probation.One judge sus- each police department to implement particularly disappointing in light of the pended the sentences of all nine persons the intervention, our findings suggest broad community support and police issued citations and although they were that enforcement is a feasible way to commitment to enforcement.Continued found guilty, the individuals were not reduce tobacco sales to minors. lack of punishment would eventually act required to pay a fine. While education alone yielded a rel- as a deterrent to police involvement and Interviews were conducted with two atively small reduction in illegal sales of would weaken the effectiveness of po- judges to learn why these decisions were tobacco products to minors, it did gar- lice enforcement efforts in the commu- made. Three primary reasons were ner broad community support and set nity. Additionally, merchants would given.First,the judges were reluctant the stage for the more punitive action of again flaunt the law knowing that cite- to establish criminal records for citizens police department enforcement. Edu- tions would not be upheld in court. Fol- with no prior criminal history. Since it eating merchants and the community at lowing this study,however, when new is a misdemeanor in California to sell large about the law demonstrated to the citations were processed through the tobacco to a minor, convicted violators police departments that a serious effort . same courts, the judges were far less will have lifetime criminal records.Sec-. was made to obtain voluntary compli- lenient than they were when first con- ond,the judges believed that a$200 fine ante with the law. When educational fronted with this type of case.This sug- placed an unfair burden on store em- efforts fell short of project goals,police gests that the court system can be stim ployees,many of whom worked for min- departments were willing to take ac- ulated to respond when repetitive vio- imum wage. California law states that lion.Additionally,because police depart- lations occur. the clerk who sold tobacco illegally, ments are public servants and therefore Third, although it is clear that mer- rather than the manager or store owner, sensitive to community pressure, pre- chant behavior can be affected signifi- is cited.Third,judges believed that vi- senting evidence of the problem and sup- cantly by active enforcement of the law olations of the law on tobacco sales to port from the local media and commu- by police departments, multiple prob- minors were far less serious than most pity leaders influenced their decisions lems with access laws exist. Given that of the other cases they face daily.As a to enforce a law that is largely ignored the dockets of criminal courts are gen- result,judges treated violators leniently, throughout the state and nation. erally overloaded, these courts are in- particularly first-time offenders.Unlike Since this project modeled its educe- appropriate vehicles for the disposition the California law regulating sales of tional intervention on the Santa Clara of access violations.Also,judges'reluc- alcohol to minors, judges interpreted County project,9we expected to achieve tance to establish criminal records for the tobacco sales law as providing them similar reductions in over-the-counter citizens with no prior convictions must with discretion in determining the pen- sales due to education alone. In retro- be recognized. Both of these problems allies, if any, imposed. spect,there were two major differences lend support for access laws to be con- in program implementation that may ac- sidered as civil rather than criminal of- COMMENTcount for our educational intervention fenses and processed administratively This study illustrated that enforce- not reducing tobacco sales significantly. rather than through the criminal justice ment of laws regulating sales of tobacco The first difference is the type of com- system. products to minors had a significant ef- munity. The four intervention cities in Fourth,the responsibility for enforce- feet on over-the-counter sales above and Solano County are small and suburban, ment has implications for the success of beyond that obtained through commu- whereas the cities in the Santa Clara access laws. To increase enforcement, 3170 JAMA.December 11, 1991—Vol 266.No.22 Education and Enforcement to Reduce Tobacco Sales—Fetghery et al authority should rest with both law en- this study should be considered in light ing use of tobacco or are already in the forcement agencies and with local or of several potential design limitations. early stages of use.Unfortunately,there state government agencies such as pub- First,the design did not allow a test of are virtually no data on the relationship lic health departments. Secretary Sul- the independent effects of education and between reductions in tobacco access livan and other tobacco control activists enforcement.Thus,it is unclear whether and youth smoking prevalence. In the propose the establishment of a licensing enforcement alone would have achieved case of alcohol,however,there is a mod- system that would fund enforcement and the same outcomes.Second,a truer cross erate amount of literature on the effects tie compliance with laws to selling to- section of merchants would have been of raising the minimum age of purchase, bacco products. obtained if sampling occurred on sev- alcohol availability, and prohibition of Fifth,there is the issue of who should eral different days and times.Third,the consumption.'" Although this study be culpable and for what. Some have absence of data from some stores at the demonstrated that active enforcement argued that the owner or manager of a three data collection points may limit of sales-to-minors laws is an effective store selling tobacco products should be the conclusions derived, although sta- and viable way to reduce sales of to- fined for not setting and enforcing pol- tistical analysis of potential differences bacco products to minors,the most fun- icies. The establishment of a licensing was not significant. damental question has yet to be an- system would address this issue because The results of this study illustrate the swered-what effect does decreased ac- stores would be punished for violations, complexity of the problem regarding ac- cess by underage youth have on their including the loss of their license to sell cess to tobacco products by underage use of tobacco? any tobacco.Others have suggested that youth. An over-the-counter sales rate minors should be held accountable by of 21%still provides minors with access making possession and use of tobacco to tobacco, although it is possible that This project was sponsored by the Solano County illegal.The effects of these different op- this level of sales may serve as an ef- Cancer Prevention Program of the North Bay tions need further evaluation. fective impediment to minors who are was supported Resources Center, Henryl3. and was sby a grant from the HJ.Kal- The interpretation of the findings of not yet addicted or who are contemplat- tier Family Foundation,Menlo Park,Calif. References 1. Surgeon General. The Health Consequences of 7. DiFranzaJR,TyeJB.Who profits from tobacco Health. 199121:891-893. Smoking:Nicotine Addiction:A Report of the Sun sales to children?JAMA. 1990;263:2784-2787. 14. Ashley MJ, Rankin JG. A public health ap- geon General.Washington,DC:US Dept of Health 8. Kirn TF.Laws ban minors'tobacco purchases, proach to the prevention of alcohol-related health and Human Services:1988.US Dept of Health and but enforcement is another matter. JAMA. problems. Annu Rev Public Health. 1988;9.233- Human Services publication 88-8406. 1987257:3323.3324. 271. 2. Fleming R.Leventhal H,Glynn K,Ershler J. 9. Altman D, Foster V, Rasenick-Douss L.Tye 15. US Department of Health and Human Ser- The role of cigarettes in the initiation and progres- JB.Reducing the illegal sale of tobacco to minora. vices.Surgeon General's Workshop on Drunk Driv- sion of early substance abuse. Addict Behay. JAMA. 1989261:80-83. ing: Proceedings. Washington, DC: US Dept of 1989:14:261-272. 10. DiFranza JR.Norwood BD,Garner DW,Tye Health and Human Services;1989. 3. Greydanus DE.Routing the modern Pied Piper JB. Legislative efforts to protect children from 16. Holder HD. Environmental restrictions and of Hamelin.JAMA. 1989.261:99400. tobacco.JAMA.1987;257:33873389. effective prevention policy. Adv Subst Abuse. 4. Yamaguchi K.Kandel DB.Patterns of drug use 11. Model Sale of Tobacco Products to Minors Con- 1987;1(suppl 1):405-432. from adolescence to young adulthood.II:sequences trot Act:A Model Law Recommended for Adoption 17. Holder HD.Saltz RF.Research opportunities of progression.Am J Public Health. 1984;74:668- by States or Localities to Prevent the Sala of To- in environmental and community prevention strat- 672. bacco Products to Minors. Washington, DC:US egies.Presented at the Institute of Medicine Panel 5. Yamaguchi K,Kandel DB.Patterns of drug use Department of Health and Human Services;May on Opportunities for Research on Prevention of from adolescence to young adulthood,III:predic- 24,1990. Alcohol-Related Problems;January 20,1988;Wash- tors of progression. Am J Public Health. 12. Youth Access to Cigarettes:A Report of the ington.DC. 1984;74:673-681. Office of the Inspector General,New York. New 18. Milgram GG,Nathan PE. Efforts•to prevent 6. University of California(San Diego),California York.NY:Office of the Inspector General;1990. alcohol abuse.In:Edelstein BA,Michelson L,eds. Department of Health Services. Tobacco Use in 13. Altman DG,Rasenick-Douse L,Foster V.Tye Handbook of Prevention.New York,NY:Plenum California,1990.Sacramento,Calif:Department JB.Sustained effects of an educational program to Press;1986243-262. of Health Services;1990. reduce sales of cigarettes to minors.Am J Public • • JAMA. December 11, 1991-Vol 266.No.22 Education and Enforcement to Reduce Tobacco Sales-Feighery et al 3171 4 Community Action Book: Appendix B +• 41 REDUCING Appendix B CHILDREN'S ACCESS TO TOBACCO Sample Ordinances on ••• • Self-Service, Vending Machines, and Licensing Findings The City Council of XYZ fmds and declares that: • The Surgeon General has determined that cigarette smoking is dangerous to human health; • The National Institute on Drug Abuse has found that cigarette smoking precedes and may be predictive,of adolescent illicit drug use; • It is in the best interests of the children of this community to protect them from becoming addicted to a life-threatening drug; and • Open display makes tobacco products easier to shoplift and therefore more accessible to persons under age 18 (eighteen). The enactment of this ordinance directly pertains to and is in furtherance of the health, safety, and general welfare of the residents of the city,particularly those residents under 18 (eighteen)years - of age. From community Tobacco Control: A Handbook for Community Action, Association for Nonsmokers - Minnesota, 1994. Reprinted with permission. 42 • Community Action Book: Appendix B Definitions For purposes of this ordinance the following words and phrases shall have the meanings ascribed to them in this section: Tobacco product means any substance containing tobacco leaf, including but not limited to,cigarettes;cigars;pipe tobacco; snuff and chewing tobacco;cheroots;stogies;perique; granulated,plug cut,crimp cut,ready-rubbed, and other smoking tobacco; snuff; snuff flour;refuse scraps,clippings,cuttings,and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing, sniffing,or smoking in a pipe, rolling paper or other tobacco-related devices. Tobacco-related product means any tobacco product as well as a pipe,rolling papers or any other device used in such manner as to enable chewing,sniffing or smoking of tobacco products. Self-service merchandising means openly displaying products to which the public has access without the intervention of an employee. Individually packaged tobacco products means packages containing only one individually wrapped tobacco item. Included are single packs of cigarettes, single bags of tobacco for rolling,and individual cans of tobacco for chewing or sniffing. Not included are cartons containing two or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking,chewing,or sniffing. Vending machine means any mechanical,electric or electronic device which,upon insertion of money,tokens,or any other form of payment,dispenses tobacco products. ss License Required to Sell Tobacco- Related Products No person shall keep for retail sale or sell at retail or otherwise dispose of any tobacco-related product at any place in the city without first obtaining a license,therefore paying a fee. A separate license is required for each location at which such products are sold. 4 Community Action Book: Appendix B 4. 43 Conditions of tobacco license A license shall be issued only to an adult of good moral character. No license shall be issued to an applicant for sale of tobacco-related products at any place other than his or her established place of business. No license shall be issued for the sale of tobacco-related products at a movable place of business. No license shall be issued for the sale of tobacco-related products at more than one place of business, but a license holder may purchase more than one license. No licensee shall sell,furnish,or give away any tobacco-related product to any person below the age of 18 years or the license holder will be in violation of the laws of the State of Minnesota. Fee for tobacco license The fee for a license to sell tobacco-related product shall be$250 for a year or part thereof; all such licenses shall be renewed on April 1. Alternate graduated fee The license fee shall be$500 per calendar year or part thereof,all tobacco-related product licenses being renewed annually on April 1. A license holder who has only customer-assisted tobacco sales and no self-service merchandising shall be eligible for a discount of$250. A license holder who provides individually packaged items through customer-assisted service but has self-service merchandising of carton products shall be eligible for a discount of$100. Any vendor who demonstrates that all employees who sell tobacco products have been trained,regarding legal requirements related to tobacco sales,and maintains records of employee training shall be eligible to receive a discount of$150. Any sale by officer,director,manager,or other agent or employee of any licensee shall be deemed and held to be the act or omission of the licensee. The licensee shall be punishable in the same manner as if the licensee personally committed the act or omission. License inspection established License inspectors or persons as designated by the city manager shall conduct periodic inspections of the premises of all holders of licenses for tobacco-related products. These inspections may include,but shall not be limited to,surveillance including minors under the age of eighteen (18)who attempt to purchase tobacco products. The inspector shall issue a license violation citation to any licensee found violating any provision of this code or the laws of the State of Minnesota. License revocation may be instituted following the issuance of a citation or criminal conviction of any officer,director, manager,or other agent or employee of any licensee. 44 H Community Action Book: Appendix B Version 1: All License suspension (version 1) Tobacco Behind the A licensee's authority to sell cigarettes at a specific location shall be Counter suspended by the city manager for 30 days if the licensee is found to have sold cigarettes to a person under the age of 18 years at that Version 2: Single location. A six-month suspension shall be imposed for a second violation at the same location occurring within a 12 month period. Packs Behind the Counter License suspension (version 2) A licensee's authority to sell cigarettes at a specific location may be suspended,denied or not renewed if the licensee is found to have sold cigarettes to a person under the age of 18 years at that address. In the case of a suspension,there shall be no license fee refund. Appeals If the city manager suspends or revokes a license,the manager shall send to the licensee,by certified mail,return receipt requested, written notice of the action,and the right to appeal. The aggrieved party may appeal the decision of the city manager within ten (10) days of receiving notice of the city's action. The filing of an appeal stays the action of the city manager in suspending or revoking a license until the city council makes a fmal decision. Procedure The city council may appoint a committee of the council or an independent hearing officer to hear the matter,report fmdings of fact, and provide a recommendation for disposition to the council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing,the city council shall make a final decision. Self-service merchandising of tobacco products prohibited It shall be unlawful for any person to offer for sale any tobacco product by means of self-service merchandising. Self-service merchandising of individually packaged tobacco products prohibited It shall be unlawful for any person to offer for sale any individually packaged tobacco product by means of self-service merchandising. Community Action Book: Appendix B • 45 Model Ordinance Relating to Use ❖ of False Identification by Minors Use of false identification by minors is prohibited. No person under the age of eighteen(18)years shall purchase tobacco or tobacco- related devices,as those terms are defined by Minn. Stat. sec 609.685, subds. 1 (a)and 1 (b),using a driver's license,a Minnesota identification card,or other form of identification,which is false, fictitious,altered or counterfeited as to age or any other material fact of identification. A violation of this ordinance is a petty misdemeanor. 46 40 Community Action Book: Appendix B 011' ❖ Vending Machine Ordinance Modelled After the Ordinance Passed by Bloomington Purpose • The city council fmds that substantial scientific evidence exists that the use of tobacco products causes cancer,heart disease, and various other medical disorders. The city council adopts the conclusions of the Director of the National Institute on Drug Abuse that the majority of the four hundred-seventeen thousand(417,000) Americans who die each year from cigarette smoking become addicted to nicotine as adolescents before the age of legal consent and that cigarette smoking precedes and may be predictive of adolescent illicit drug use. It is the further finding of the city council that the present legislative scheme of prohibiting sales of tobacco products to persons under the age of eighteen(18)has proven ineffective in preventing such persons from using tobacco products. The city council has concluded that minors have ready access to vending machines selling tobacco products and that the prohibition of the sale or dispensing of tobacco products through vending machines will thereby promote the health, safety and welfare of the residents of the city,particularly those residents under eighteen(18)years of age. Definitions Tobacco products means any substance containing tobacco leaf, including,but not limited to cigarettes,cigars,pipe tobacco, snuff, chewing tobacco or dipping tobacco. Prohibited Sales No person shall sell,offer for sale,give away or deliver any tobacco product to any person under the age or eighteen(18)years. No person shall sell or dispense any tobacco product though the use of a vending machine. Penalty Violation of any provision of this division shall be a misdemeanor. Assisting Community Act'. Minnesota for a Tobacco-Free En SIST Resources on Preventing Youth Access Minnesota ASSIST Project Stop Teenage Addiction to Tobacco (STAT) Contact: Beth Ronning, Field Director Contact:Jim Bergland, Executive Director Minnesota Department of Health 121 Lyman Street, Suite 210 717 S.E. Delaware Street Springfield, MA 01103 P.O. Box 9441 Phone: 413/732-7828 Fax: 413/732-4219 Minneapolis, MN 55440 Phone: 612/623-5356 Fax: 612/623-5775 SCAT (Student Coalition Against Tobacco) Contact: David P. Rubner, Chairman Association for Nonsmokers- Minnesota (ANSR) P.O. Box 5995 Contact:Jeanne Weigum Washington, D.C. 20016 2395 University Avenue West, Suite 310 Phone: 202/828-3093 or 413/732-7828 (at the St. Paul, MN 55114-1512 STAT office) Phone: 612/646-3005 Fax: 612/646-0142 SCAT, through its youth membership, promotes ANSR has many years of experience in public tobacco-free generations and counteracts the policy related to tobacco.The organization focuses immoral actions of the tobacco industry. on youth access and clean indoor air. Tobacco Access Law News KICK BUTTS Program Contact:Joseph R. DiFranza Contact: Carrie Olson 47 Ashby State Road 420 North 5th Street, Suite 525 Fitchburg, MA 01420 Minneapolis, MN 55401 Phone: 508/343-3041 Fax: 508/348-0786 Phone: 612/338-8193 Fax: 612/338-8382 Up-to-date summary of legislative efforts around KICK BUTTS is a coalition of Minnesota teens youth access at the national,state and local level united to work on tobacco issues that effect youth. Published every 2 to 3 months and is free of Teens and leaders involved in the program attend charge. the day-long training session, hold regular meetings to implement their local policy strategies, do media campaigns and gather support to protect kids froth tobacco. January 1995 //c1 MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Meadows 4th Addition,Lot 1 & 2 Block 5,Authorization of Condemnation Proceedings DATE: February 28, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: Attached is Resolution No. 4406, which authorizes condemnation proceedings for drainage easements on Lots 1 & 2, Block 5, Meadows 4th Addition. BACKGROUND: Drainage easements are necessary on the above referenced lots associated with ponding on the Upper Valley Drainageway (U.V.D.) in the Meadows Subdivision. At the January 16, 1996 Council meeting, alternatives were discussed on obtaining the drainage easements. The developer, (Novak-Fleck) and its engineer (Pioneer Engineering) have the burden of acquiring the easements. Negotiations have been on going since November 15, 1994 and at the January 16, 1996 Council meeting, the continued negotiations, mediation and litigation alternatives were discussed. Council directed staff to continue to facilitate the negotiations between the Petrills and Pioneer Engineering and to pursue obtaining the drainage easements by eminent domain proceedings. Staff has been informed that Pioneer Engineering has made another offer to Ms. Petrill based upon an appraisal paid for by Pioneer Engineering. Ms. Petrill has verbally indicated that this offer is not acceptable and has requested that the City initiate eminent domain proceedings for the drainage easements. Attached to this memo is the letter from Ms. Petrill requesting the City to initiate eminent domain proceedings. Staff has included a resolution which authorizes eminent domain proceedings for the City to acquire drainage easements from Lots 1 & 2, Block 5, Meadows 4th Addition. The City does not have an agreement with Pioneer Engineering for reimbursement of costs associated with eminent domain proceedings. Also at the January 16, 1996 meeting, the City Attorney had advised Pioneer Engineering that they could pursue the eminent domain proceedings on behalf of the City, however, an agreement that Pioneer Engineering will reimburse the City of all costs associated with the obtaining of the easements by the power of eminent domain is necessary. At this time no private settlement has been reached, however, negotiations are still on- going. To resolve this issue, the City could obtain the drainage easements through eminent domain proceedings with an agreement of cost reimbursement with Pioneer Engineering and as approved by the City Attorney. ALTERNATIVES: 1. Adopt Resolution No. 4406. 2. Deny Resolution No. 4406. 3. Direct the City Attorney to obtain a cost reimbursement agreement from Pioneer Engineering for the drainage easements identified in Resolution No. 4406. 4. Direct staff not to proceed with eminent domain proceedings until a cost reimbursement agreement has been entered into with Pioneer Engineering. RECOMMENDATION: Staff recommends Alternative No.'s 1, 3 and 4. ACTION REQUESTED: 1. Offer Resolution No. 4406,A Resolution of the City of Shakopee,Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain and move its adoption, contingent upon a cost reimbursement agreement. 2. Direct the City Attorney to obtain a cost reimbursement agreement from Pioneer Engineering for the drainage easements identified in Resolution No. 4406. 3. Direct staff not to proceed with eminent domain proceedings until a cost reimbursement agreement has been entered into with Pioneer Engineering BL/pmp MEM4406 Pioneer Env ineer ins 7831883 P.03 FXHTBIT "A" 1 _ * * I EMMp0,64M•ndol4 Fbightf.W 4 242263120 *r1VNEIa's wo wheels•CM.0.04x.5 (612) 661-1914 FAX:681-948B *h enpineetrk%g L14411 n+n,w..ns•uwososPf.monocle em rraY 10-M.E. if 4( ** (612) 763-111110 FAX783-1883 Description Sketch for: NO VAK—FLECK i a t� 1 i 745-.24 / si 1 s • ▪ 'Z 1K"4. Vli 1 1, ' 7• .4° 4. i -....... , , .... Ii :., / . ,- y ` 4 1 . .c..1 1 z, , 1 41 -4., 1 . , . , . 0 ,..._ 4' - :,. -`f - P ril x UTILIIY EASEMENT N 8 l CO p i� . z ,^ $ "i/ t I 71oo ..... s; . 2 _ _p SOU11EAS1tM.Y- ( I CORNER of LOT I I DRAINAGE &UTILITY EASEMENT An'soswnent for drainage and utility ow.under end amass that part d tot 1.Book 5r TtE MEADOWS 414 ADDITION, Soett County.MinnwgmA to.ded a• 1 i Oeeleoie at the most soutlNaut.rty of sold Lot 1.Sloth 5Nano 47o12(3V West,assumed ed bwafe.done Vie eautheestly line of said tat 1. Astont .00 feet; thence North 000161 Etats 69.06 feet thence North 281419'West 28.70 feet to o point of b,taneetion a the earn parallel with end 30.00 feet southwesterly of the most northeasterly !0111 of sold Lot 1; thanes southeasterly said One to o point an theofsot Ithe of sold tat I. dhtant MU t feet northerly from add aoutheoetarly Corner of tat 1; thence Southwesterly done easterly riw to the point of beginning. Said.awnent contointne 5161.0 ea. feet. ilcludoy welding eoeem.nts. I !LOT 1 _. BLOCK 5 THE MEARO" TPS 4th ADDITION SCOTT COUNTY. MINNESOTA No hereby rarefy that tide sums plan or report wan prepared by me or under lay&.gt eupenfslon and that I on,duly Nand Land Surveyor under the Iowa of the State of Minnesota. Dated thle 9Th o•59•Ar A A.D.1991) -PIONEER ENOINEERINO. Scale: 50fett ; taC. B. Sfcidr. tare R.9. No, 14091 or 71 14319.40 enarroe E. Rothonbodw, LS. Ra¢ No. 20505 I - ior..rXHIBITr ''nB" 7831883 P.02 # *4 ' w«ndel*1arise 04N4 Heights,1d1 53120 *PICIMIEN 1u10 snrcrass•CM.o+orertws 1 (612) 681-1914 FAX 001-9488 Lengi+ee ring UM ROM!!•emoeraM aul0e11cri I mzs io N c * . It i (512) 703-1000 FAX 783-1063 Description Sketc for: NO VAK—FLECK 1 1 is 1 : 4\* 6. . , op i 1�0 11 s7 b4i i , / --`r-,ti MOST EASTERLY / WV OF LOT 2 `% `� ,/ ' -`\� 64. 43 f • /kms ' i 'kr? } � 115'10. ,' X .y PROPOSD DRAINAGE ' S \% &UTILIT}'EASEMENT___-;'' / i /: 2 I ' V3 P, \ I `% ' ' 3� . N. i 45.64 1 N89'4410-E 7 . I 1 PROPOSER MANAGE &Wryly EISEMEPIT •free eaeeenint for draboos and utility purposes over,under and exams that pat of tot 2.0 o*5. 111E MEADOW 4TH A0011101,, Soon County.Mkseeeeto lytp of the following dnorfAsd Mase 1 Said Mee being drawn *wen I paint the southeasterly M.of said tot 2,1&tont 37.00 fest westerly flan the most , easterly caner of said Lot 2.too Who ncvthsastrty One of sale ISat 2.distant 64.94 fast westerly from the most easterly corner of said Lot 2,and Mem therm trmbotM9. 1 Sold easement oentobieg 415.0 sq.fiat.act lig aided g easements, 1 LOT 2 , BLOCK , 5 .. THE MEADOWS 4th ADDITION SCOTT COUNTY, IIINNESOTIA Vie hereby certify that this sums pion or report woe papered by me or un&rInir elect supenAsicn and that I amdulyIloenosd :L £and Surveyor under the Imes of the State of Minnesota. Doted this t h► Loy of Mae Ort A.1).19% !Signed: . .PIONEER P.A. • Scalpp: 1 - 30�t Rey: ! ,y�,.e.6 , `rG RRob.rt 0. Slwd+, LS. Na 14091 Cr -'T1 14319.40 'Terrance E. Rothanbocher, LS. Req. No. 20595 I 6125252926 FIRST HEALTH 982 P01 MAR 06' 96 16: 08 March 6, 1996 Mr. Bruce Loney City Engineer City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Loney: As we discussed last week, I am formally requesting the City of Shakopee to proceed with the condemnation of a portion of my property. The latest offer I received from Pioneer Engineering requires the taking of roughly one-third of my property at a cost far below the loss of value to my home. Furthermore, I did not receive a drawing of the proposed easement, nor any documentation to substantiate how this area of value was established. It is my understanding from a conversation with Mr. Cherney that they did not have an appraiser value my property, in fact, his company based the value on my cost to hire an attorney. This entire process began 2 years ago in January when my brother-in-law, Bo Spurrier, asked then City Engineer, Dave Hutton, for details of the Veirling Drive pond outlet culvert so that Bo could determine risk to the house if the culvert designer made a mistake. Mr. Hutton did not respond with the requested information. When the City did respond, seven months later, it was clear that there was a serious problem. The lack of commitment shown in trying to resolve this problem has been frustrating at the very least. I must add that my frustration turned to rage when I discovered that other properties adjoining the pond, developed after mine, included substantially larger easements. Given this information, it is shameful that the original mistake was not fixed before additional properties were developed. Of course, if this been done I would not be in the position I am today. I have waited 2 years for a reasonable solution to this problem, and quite frankly I am loosing patience. I would ask that proceedings begin as quickly as possible so that this matter can be brought to resolution and I won't have to continue to carry the burden of this problem. Sincerely, 411L1-Zialk Linda Petrill 527 Mint Circle Shakopee, MN 55379 RESOLUTION NO. 4406 A Resolution Of The City Of Shakopee, Minnesota, Determining The Necessity For And Authorizing The Acquisition Of Certain Property By Proceedings In Eminent Domain WHEREAS, the City Council has determined that the City should obtain drainage easements for ponding purposes on property located on Lots 1 & 2, Block 5, Meadows 4th Addition; and WHEREAS,the City has been unable to successfully negotiate the acquisition of the necessary easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That acquisition by the City of the property described on Exhibit A & B is necessary for the purpose of ponding storm drainage on Lots 1 & 2, Block 5, Meadows 4th Addition. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. State. Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minn. Stat. Sec. 117.042. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /LQ.- MEMO TO: Barry Stock,Acting City Administrator FROM: David M.Nummer, Staff Engineer D/4A/ SUBJECT: County and State Highway Turnbacks DATE: March 4, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: Staff has received correspondence from the Minnesota Department of Transportation (Mn/DOT) indicating that they intend to turnback TH 300 (10th Avenue and 6th Avenue from the mall to the prison) to the City as a City street. This turnback will require some actions by the City, and therefore, staff is seeking Council direction on this issue. BACKGROUND: Attached is a map showing all the proposed turnbacks for 1996. These include State turnbacks to the City, State turnbacks to the County, and County turnbacks to the City. Some of these turnbacks have already been addressed by the City Council, such as the Apgar Street (County Road 77) turnback, which will occur when the Fuller Street project is complete. Others, such as the turnback of TH 101 from the State to the County and the County turnback of 6th Avenue and 4th Avenue to the City are only proposals at this point, and no action on these proposals are required at this time. These proposed turnbacks were included for reference and to give the "Big Picture"view of all the proposed turnbacks to the City Council. Typically, a turnback is a relatively simple process mainly because the City really does not have much say in whether a road is accepted by the City or not. The issues usually involve negotiating a payment or identifying a funding source for improving the roadway if it is in need of repair. The State is proposing to address the funding issue by making State Highway Turnback funds available to the City for any projects to improve the turned back roadway in the next five years. This is a standard policy that the State uses for all turnbacks. In addition to the funding issue, the turnback of TH 300 from the State also involves another issue. A portion of this roadway is in Jackson Township and would have to be annexed by the City in order for the turnback to occur. The alternative, if the City does not pursue annexation, is for the State to turnback the roadway and have the County assume ownership of the portion which is outside the City limits and the City would take over the remainder. This is cumbersome from a maintenance and operational standpoint and the State has indicated that they would prefer h:\council\turnback.mo to turn the entire roadway back to the City, rather than splitting the ownership between the City and County. Attached is a map showing the roadway area that could be annexed, if the City Council chose to do so. There is also a small triangular land area north of TH 300 that is in Jackson Township, that is surrounded on two sides by the City and on the third side by TH 169. The City has not as of yet approached Jackson Township regarding this small area, but this is an option that is available to the City Council and it may be an appropriate time to discuss the future of this area with the Township. In addition, the concept plan for the Shakopee Town Square Mall expansion included the possibility of realigning 10th Avenue (TH 300) south to intersect with the future Vierling Drive and eliminating the current intersection with TH 169. This existing intersection is very dangerous and reconfiguring this area would probably be in the City's best interests. This possible reconfiguration would be much easier to accomplish if the roadway was under City control and not split between the City and the County. The State has requested that the City review this issue and begin any necessary process for accepting the turnback. The turnback of TH 300 must be addressed by the State prior to any turnback of TH 169 to the County. This turnback on TH 169 to the County is scheduled to be addressed when the Shakopee Bypass has been completed,which is expected to occur this fall. ALTERNATIVES: 1. Direct staff to begin discussions with Jackson Township regarding the annexation of TH 300. 2. Direct staff to begin discussions with Jackson Township regarding the annexation of TH 300 and the triangular land area north of TH 300. 3. Do not pursue any annexation at this time. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends either Alternative No.'s 1 or 2, depending on whether the City Council wishes to explore the possibility of annexation of land area outside the road right of way. Staff recommends annexation of the roadway, at a minimum, to facilitate the turnback of TH 300. ACTION REQUESTED: Discuss and provide direction to staff on this issue. h:\council\tumback.mo 1 A i, Z O > _ <. ,U L Z ..., ■ \ Q1(-: 1190WV i ■ 0 0 `. ��r I SDR. � FI � 20�I 1 q O� s���P Z S �Q�4.q, ,% s% #4. 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'1S i tiNOSIaaVH ® QOr Q iiiiiii, 'ls II 2131/1 I J z i, -fill!k -----T •24,,,.. ,5,,,,a, s02A ' , ■ d O,bf ,* ti, +a I i * 4 \ 69'Qa'07 I I - I S \ ISS: � -1441(11) ' 1 69 1=1 2 \ I1 l O 11111111111\:11: • 40 \ O (/) cY I 13 I I 0 o � C I I l I V oxt4t4Esozo Minnesota Department of Transportation %IP) Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville,Minnesota 55113C��Tkebruary 8, 1996 0p � sh� gk�p k�pr• X21 FF Mr. Bruce Loney 996 Public Works Director �/ 129 Holmes St. South Shakopee, Minnesota 55379-1376 Dear Mr. Loney: This letter is notice of the impending release and conveyance of the following roadway to the jurisdiction of the City of Shakopee: CS 7012 TH 300 from TH 169 to the Women's Reformatory at Adams St. The planned effective date for release is on or about November 1, 1996. This roadway qualifies as a"Trunk Highway Turnback" as defined in State Aid Rule 8820.0100, Subp. 19, and therefore is eligible for turnback funding pursuant to State Aid Rule 8820.2900. Please note that if turnback funding will be pursued, needs cannot be submitted for this roadway. The Office of Right-of-Way will subsequently prepare and submit to you the document effecting the conveyance of our interest in the above section of roadway to the City. If you have any questions concerning this release, please feel free to contact me at 582-1351. Sincerely, /, or Robert Brown, PE State Aid Engineer Metro Division Enclosure cc: City Clerk An Equal Opportunity Employer MEMO TO: Honorable Mayor and Council / FROM: Dennis R. Kraft, City Administrator RE: Staff Resignation DATE: March 1, 1996 Today I received a resignation letter from David Nummer the Staff Engineer in the Engineering Department. Mr. Nummer is going to be taking an engineering management position with the City of Plymouth. His last day of employment will be Friday, March 15, 1996. Mr. Nummer has complied with the requirements of the City's Personnel Policy for resignation purposes and the only action the City Council needs to take is to formally receive and file his letter of resignation. This item will be put on the March 12th City Council agenda for action at that time. March 1, 1996 Dennis R. Kraft, City Administrator City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Dear Mr. Kraft, Please accept this letter as notice that as of March 1, 1996 I am resigning from my position with the City of Shakopee. My last day of employment will be March 15, 1996. I will be leaving to accept a engineering management position with the City of Plymouth. I would like to extend my appreciation to you, the department heads, my co-workers, and the City Council for helping me to grow, both personally and professionally. I will take this work experience with me throughout my career. As a Shakopee resident, I plan to continue to serve this community by remaining active in Civic activities and events. Sincerely, David M. Nummer CC: Mayor and City Council h:\worddocs\resign.doc MEMO TO: Mayor and City Council net FROM: Barry A. Stock, Acting City Administrator RE: Termination of Probationary Status -Paul Bilotta DATE: March 7, 1996 INTRODUCTION: The probationary period for the Community Development Director position held by Mr. Paul Bilotta expires on March 3rd. Staff is recommending that Mr. Bilotta's probationary status be terminated at this time. BACKGROUND: On September 3rd, the Shakopee City Council appointed Paul Bilotta to the Planning Director position. On December 19, 1995 the Shakopee City Council changed the position classification title of the Planning Director position to Community Development Director. Since the position classification change merely presented a new title with no change in job duties and responsibilities, the original probationary starting date of September 3rd was maintained. Mr. Bilotta's job performance during the past six months has been outstanding. Staff is therefore recommending that his probationary status be terminated at this time. ALTERNATIVES: 1. Move to terminate Paul Bilotta's probationary status. 2. Extend Mr. Bilotta's probationary status another six months. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to terminate Paul Bilotta's probationary status. #11 k MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Community Center Walking Track-Handicap Accessibility DATE: March 7, 1996 INTRODUCTION: Since the opening of the Community Center, staff has received several questions regarding handicap accessibility to the walking track. Staff would like to inform City Council of the process that was undertaken in constructing the Civic Center and determining ADA compliance. If City Council believes that additional action should be taken, it would be appropriate to direct staff accordingly. BACKGROUND: During the construction of the Community Center Project, the issue of providing handicap accessibility to the walking track was discussed. Attached is a correspondence from Mr. Paul Dahlberg, Project Architect outlining the issues that were addressed prior to proceeding with construction. Staff would like to point out that it was a conscious decision by the project architect and the design review team to not make the upper level walking track handicap accessible since the lower level gym perimeter could also be utilized for walking. The American with Disability Act does not require every aspect of a facility to be handicap accessible. The Act specifically states that if direct handicap accessibility can not be provided that reasonable accommodations be made else where in a facility to provide a similar and like activity. Mr. Dahlberg notes in his correspondence that the gymnasium is available for walking underneath the elevated track. This meets the intent of ADA. Mr. Dahlberg notes that there are several options available to the City if it is a desire of City Council to make the walking track directly handicap accessible. This is a policy decision for Council consideration. The City Attorney and the Project Architect believe that we currently comply with ADA regulations. In the event that a ADA lawsuit was brought against the City, it is unclear who would be liable for defending the claim. It is the opinion of the City Attorney that the architect would be liable for any claim. However, given the fact that ADA regulations are not a part of State Building Code, it maybe unclear whether or not the architect would actually be responsible. Mr. Dahlberg has prepared cost estimates for several options that are available to the City should Council select to proceed with making the walking track accessible. If Council selects to pursue accessibility, there are adequate funds remaining in the overall TIF Community Center Project Fund to cover these costs. ALTERNATIVES: 1. Take no action. 2. Authorize the appropriate City officials to take the necessary steps to construct an elevated ramp providing handicap accessibility to the walking track with funding to be allocated from the Community Center TIF Project Fund. 3. Authorize the appropriate City officials to take the necessary steps to construct a chair lift which would provide handicap accessibility to the walking track with funding to be allocated from the Community Center TIF Project Fund. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Take no action. /TM Architects Architecture • Planning • Interior Design March 7, 1996 Mr. Barry Stock Assistant City Administrator 129 Holmes Street South Shakopee, Minnesota 55379 Subject: Shakopee Civic Center Dear Barry; In response to your request to provide product and cost data relative to the possible installation of a vertical lift or elevator to provide handicap access to the elevated walking track, the following is provide for your consideration. As you are aware, the Shakopee Civic Center was designed to meet the requirements of the Uniform Building Code (UBC) and the intent of the American's with Disabilities Act (ADA). As facility designers, Architects and Engineers are required to design buildings to conform to building codes. As the ADA is not a building code, but a civil rights law, we utilize the guidelines that are identified in the ADA to advise building owner's on the options that can be considered to provide fair and reasonable accommodations for accessibility in buildings. During the design and construction phases of the project, numerous discussions occurred between project team members regarding meeting the requirements of the UBC and ADA. The walking track was incorporated into the project at a very late date in the process. The decision to provide stair access only to the walking track resulted primarily due to construction budget constraints. The discussion regarding ADA and providing elevator or lift access resulted in a compromise solution that required designating a walking track around the perimeter of the gymnasium on the lower level, which does have elevator access. The divider curtain in the gym was held back and not extended below the upper walking track to allow a continuous uninterrupted flow. By providing accommodations for walking on both levels, it was resolved that the intent of the ADA guidelines would be met. Additionally, the construction of an elevator for walking track access was considered with respect to any future expansion that may occur to the building. Future expansion of the recreation facilities are anticipated to occur to the east and utilize the corridor that now ends at the stair to the walking track. Construction of an elevator could occur along the corridor extension and on the east side of the gymnasium. If alternative provisions are to be considered at this time in lieu of when future construction might occur, there may be three options that the City could consider to provide wheelchair and/or handicap access to the walking track. 8569 Terraceview Lane No. Maple Grove,MN 55311 fax 612•494•0889 612•494•0888 Mr. Barry Stock March 7, 1996 Page 2 1. Construction of an elevator on the east side of the gym in the north east corner, outside the gym wall could be done at any time and not part of future expansion. Potential costs for this option could range from between $75,000 and $85,000. 2. Installation of a vertical platform type lift at the end of the corridor from the upper level floor to the walking track between the stair and the north wall of the corridor might be possible. My research has indicated that there may be difficulties with this type of lift since they typically require a straight pass thru and not a 90 degree turn that would be required with this option. Potential costs for this option could range from between $10,000 to $25,000 depending upon complexities that may be encountered. 3. Installation of an inclined platform lift along the side of the stair to the walking track could be considered. This type of wheelchair access would allow use of the stair when the lift is not in use by means of a fold up platform. Code issues will need to be review with this option to assure that exit requirements for the walking track are maintained. Potential costs for this option could range from between $10,000 to $15,000. I trust that this information will be useful to you as you consider options for providing access to the walking track. If I can be of further assistance with this matter, do not hesitate to contact me. Sincerely, ACC Architects Paul D. Dahlberg, AIA cc: Mike Parsons, Greystone Const. h' MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Met Council Transit Agreement DATE: March 1, 1996 INTRODUCTION: The City of Shakopee receives transit funding assistance to operate the Dial-A-Ride and Van Pool Programs from the Metropolitan Council. Each year, the City is required to execute a funding assistance agreement by and between the Metropolitan Council and the City of Shakopee. BACKGROUND: This year the Metropolitan Council is proposing several minor changes in the transit service funding assistance agreement as compared to previous years. Most notably, the agreement is ongoing. In other words, we will not have to take action every year to renew the agreement. Other differences compared to previous years are insignificant. The agreement that is being proposed is nearly identical to the agreements in place for the Minnesota Valley Transit Authority and the Southwest Metro Transit Commission. Failure to execute the grant agreement would jeopardize funding for our transit operations. If any Councilmember is interested in reviewing the entire agreement, a copy is available in the office of the Acting City Administrator. The City Attorney will also review and approve the contract as to form prior to execution. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Transit Services Funding Assistance Agreement by and between the Metropolitan Council and the City of Shakopee. 2. Do not authorize the appropriate City officials to execute the Transit Services Funding Assistance Agreement by and between the Metropolitan Council and the City of Shakopee. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Transit Services Funding Assistance Agreement by and between the Metropolitan Council and the City of Shakopee. /70 C) MEMO TO: Barry Stock,Acting City Administrator FROM: David M.Nummer, Staff Engineer DMA/ SUBJECT: Stop Sign Warrant Studies DATE: February 26, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: Attached for City Council consideration are the results of stop sign warrant studies for the following intersections: • 10th Avenue and Sibley Street • 10th Avenue and Ramsey Street • 10th Avenue and Swift Street • 10th Avenue and Miller Street • 10th Avenue and Merrifield Street • 10th Avenue and Shakopee Avenue • Shakopee Avenue and Dakota Street • 12th Avenue and Polk Street These studies were previously ordered by the City Council per the City Code. The installation or removal of any traffic regulatory signs must be authorized by the City Council. BACKGROUND: The placement of stop signs is regulated by the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), which has specific criteria that must be met for an intersection to meet "warrants" for a multi-way stop sign installation. The warrant criteria are widely used and accepted by virtually all cities in the Twin Cities Metro region. The criteria for a multi-way stop sign installation are attached as background information. The criteria are summarized below. If any one of the criteria is satisfied, the intersection is said to warrant a multi-way stop sign installation. 1. Where traffic signals are warranted and urgently needed, a multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for signal installation. h:\council\stop.mo 2. An accident problem, as indicated by five or more reported accidents of a type susceptible to correction by a multi-way stop sign installation in a 12 month period. Such accidents include right and left turn collisions as well as right angle collisions. 3. Minimum traffic volumes: a) The total volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and b) The combined vehicular and pedestrian volume from the minor street must average at least 200 units per hour for the same 8 hour period, with an average delay of at least 30 seconds per vehicle during the maximum hour,but c) When the 85 percentile approach speed of the major street exceed 40 MPH, the minimum vehicular volume warrant is 70%of the above requirements. Of the intersections which were studied, none of them are scheduled for traffic signals so the first criteria does not apply to any of them. An accident history for each intersection was requested from the Shakopee Police Department. Only one accident was reported in the last 12 months at the intersection of 10th Avenue and Sibley Street. No accidents were reported for any of the other intersections. The accident history for these intersections does not form the basis for stop sign warrants. The traffic volumes at each intersection were counted over a three day period and averaged to obtain average hourly volumes. The volumes were then combined into the total from all approaches and the total from the minor street. These totals were compared to the minimum values of 500 vehicles per hour for an 8 hour period for the total of all approaches and 200 vehicles per hour for the same 8 hours for the minor street. The average hourly volumes and totals are attached for reference. None of the nine intersections which were studied met the requirements for traffic volume. The maximum volume from all approaches was 171 vehicles per hour at the intersection of Shakopee Avenue and Dakota Street. This is substantially less than the 500 vehicle per hour criteria. The maximum volume from the minor street of 53 vehicles also occurred at the intersection of Shakopee Avenue and Dakota Street,which does not meet the 200 vehicle per hour criteria. The result of the warrant studies is that none of the intersections met the requirements for a multi-way stop sign installation. The Minnesota Manual on Uniform Traffic Control Devices does allow for installation of two way stop signs or stop signs on one leg of a three way intersection (such as Pierce Street and Thomas Avenue). These stop sign installations are allowed in the following circumstances: 1. At the intersection of a less important road with a main road where application of the normal right of way rule is unduly hazardous. 2. At a street entering a through highway or street. h:\council\stop.mo 3. At an unsignalized intersection in a signalized area. 4. At other intersections where a combination of high speed, restricted view, and serious accident record indicates a need for control by a stop sign. The intersections along 10th Avenue appear to satisfy the first condition where a minor street intersects with a main road (collector street) and would warrant two way stop signs on the minor streets. Staff is also recommending that a stop sign be installed on 10th Avenue at Shakopee Avenue. At this location, Shakopee Avenue is the dominant roadway and the traffic on 10th Avenue (the minor street) should be stopped. The Police Department has also recommended stop signs on those streets intersecting 10th Avenue. The intersection of Shakopee Avenue and Dakota street currently has yield signs on Dakota Street and no traffic control on Shakopee Avenue. This intersection had the highest overall traffic counts on the intersections which were studied and staff is recommending that the existing yield signs be replaced with stop signs. This recommendation is based on Conditions 1 and 4 above. Shakopee Avenue, while not a collector street, has a significant traffic volume and as such warrants stop signs on the minor street (Dakota). In addition, the proximity of this intersection to Pearson Elementary School warrants stop signs under Condition 4. The intersection of 12th Avenue and Polk Street also appears to meet Condition 1 where a main street (12th Avenue) intersects a minor roadway (Polk Street) and would warrant stop signs on Polk Street. This intersection currently has stop signs on Polk Street and staff is recommending that the traffic control in this intersection remain unchanged at this time. The intersection of Pierce Street and Thomas Avenue is a three way intersection in a residential neighborhood. At this time, this intersection only receives local traffic from the blocks to the south. The traffic counts in this area were very low, with a peak hour volume of 40 vehicles. This intersection does not appear to meet any of the stop sign warrant criteria and due to the low volume of traffic and the lack of through traffic in this area, staff would recommend that no traffic control be installed at this time. Traffic Speed Issues There is a common perception that stop signs help to reduce traffic speeds. This is only true at the sign location where traffic is slowing down to a stop, or accelerating from a stop. Several nation wide studies have shown that stop signs do not reduce mid block speeds and installing unwarranted and unnecessary traffic control may actually increase mid block speeds as drivers attempt to make up for"lost time" spent at the stop signs. h:\council\stop.mo ALTERNATIVES: 1. Direct staff to install stop signs on the minor street approaches to 10th Avenue, between Marschall Road and Shakopee Avenue, and on 10th Avenue at the intersection with Shakopee Avenue. 2. Direct staff to remove the yield signs on Dakota Street at Shakopee Avenue and replace them with stop signs. 3. Direct staff to install stop signs in other locations as determined by the City Council. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 2. ACTION REQUESTED: 1. Move to direct staff to install stop signs on the minor street approaches to 10th Avenue, between Marschall Road and Shakopee Avenue, and on 10th Avenue at the intersection with Shakopee Avenue. 2. Move to direct staff to remove the yield signs on Dakota Street at Shakopee Avenue and replace them with stop signs. h:\council\stop.mo ISI � ��� Q' 6\ II-S- V > (----- � Q T 1- v > n <v n ) c c - > c <v 11IN•: - A - _ - \ d� mo,Ailo ° • ...._, � y: CI- , 'C1JINe - A cy1-- 11S ° el- -1-1IA (/) ° iii LD ISI V ' 1S ° _ -IMS �I , I I H ' �� LS ° - SAd�l n III 1S ° a . ° • I ISI ISI > ' II ' . 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N❑SI �1dH F- c� OZ I 1S Thi J) •iS >110d 0d �O/�b J,ti , 0 Intersection: Pierce Street and Thomas Avenue Count Dates: October 17- 19, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 0 2 5 1 8 2 2:00 0 0 2 1 3 0 3:00 0 1 1 0 2 1 4:00 0 0 1 2 4 0 5:00 0 1 1 2 4 1 6:00 0 4 6 11 20 4 7:00 0 3 8 17 28 3 8:00 0 7 19 29 56 7 9:00 0 4 12 21 37 4 10:00 0 4 11 9 24 4 11:00 0 3 11 8 22 3 Noon 0 5 14 11 30 5 1:00 0 2 16 10 28 2 2:00 0 3 13 8 24 3 3:00 0 7 24 15 46 7 4:00 0 8 38 13 59 8 5:00 0 8 40 21 70 8 6:00 0 9 38 21 68 9 7:00 0 10 36 23 68 10 8:00 0 7 24 15 47 7 9:00 0 4 18 7 29 4 10:00 0 4 15 9 28 4 11:00 0 4 15 6 25 4 Midnight 0 3 7 4 13 3 Intersection: Shakopee Avenue and Dakota Street , Count Dates: November 14- 16, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 8 4 5 1 17 5 2:00 5 6 3 1 15 4 3:00 1 1 1 0 4 1 4:00 1 1 0 0 3 0 5:00 0 1 0 1 2 1 6:00 2 9 0 1 12 2 7:00 10 19 4 7 40 12 8:00 32 34 23 22 110 44 9:00 47 23 38 14 123 53 10:00 49 11 24 11 95 35 11:00 26 12 15 10 64 26 Noon 24 19 15 21 79 36 1:00 35 22 18 16 91 34 2:00 39 16 22 12 89 34 3:00 29 27 27 18 101 46 4:00 40 37 33 18 127 50 5:00 81 40 31 19 171 51 6:00 71 47 32 21 171 53 7:00 65 43 29 17 153 45 8:00 56 31 28 8 122 36 9:00 36 19 22 9 85 30 10:00 27 17 17 5 66 21 11:00 18 12 12 3 45 15 Midnight 36 6 7 0 49 7 Intersection: 12th Avenue and Polk Street Count Dates: November 21 -23, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 10 5 2 1 18 3 2:00 6 5 2 0 13 2 3:00 2 2 2 1 7 3 4:00 1 1 1 1 4 2 5:00 0 2 2 0 5 3 6:00 2 4 6 0 12 6 7:00 6 11 19 1 36 20 8:00 14 13 18 2 48 20 9:00 41 14 18 2 75 20 10:00 27 18 16 2 63 18 11:00 24 31 12 2 69 14 Noon 34 31 18 1 84 19 1:00 30 29 14 3 75 16 2:00 28 27 14 5 73 18 3:00 31 35 13 3 81 16 4:00 37 53 14 4 108 18 5:00 62 56 25 5 149 31 6:00 63 59 24 7 153 31 7:00 69 58 27 5 159 32 8:00 63 51 21 5 140 25 9:00 46 41 17 6 110 23 10:00 35 32 13 3 83 16 11:00 29 19 10 3 61 13 Midnight 34 13 6 3 55 8 Intersection: 10th Avenue and Sibley Street , Count Dates: October 3-5, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 2 1 0 0 4 1 2:00 2 1 1 0 4 1 3:00 3 0 0 0 3 0 4:00 0 0 0 0 0 0 5:00 4 2 2 1 9 2 6:00 15 1 4 2 22 6 7:00 47 14 7 5 73 13 8:00 64 23 19 7 112 26 9:00 24 10 8 6 48 14 10:00 14 8 2 1 25 3 11:00 11 9 5 2 27 7 Noon 9 16 10 3 37 13 1:00 19 22 4 3 48 7 2:00 14 17 4 5 41 10 3:00 34 39 13 4 89 17 4:00 24 40 9 14 87 23 5:00 33 55 10 9 106 19 6:00 35 59 13 14 121 27 7:00 42 48 6 9 104 15 8:00 25 34 6 7 72 13 9:00 16 29 3 1 49 4 10:00 11 20 1 3 35 4 11:00 5 14 2 3 24 5 Midnight 4 10 1 0 15 1 Intersection: 10th Avenue and Miller Street Count Dates: November 7-9, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 2 3 1 1 6 1 2:00 1 1 0 0 2 0 3:00 0 0 0 0 1 1 4:00 0 0 0 0 1 0 5:00 0 0 0 0 0 0 6:00 0 0 0 0 1 0 7:00 4 0 1 0 5 1 8:00 16 1 6 1 24 7 9:00 17 4 9 1 31 10 10:00 10 5 9 1 25 10 11:00 3 3 3 1 10 4 Noon 3 5 3 1 11 3 1:00 6 9 2 2 19 4 2:00 6 8 2 0 16 2 3:00 7 9 4 2 22 6 4:00 9 14 7 3 32 10 5:00 10 15 6 2 32 8 6:00 9 24 7 3 42 10 7:00 7 19 6 5 36 11 8:00 13 11 9 7 40 16 9:00 7 14 9 5 34 14 10:00 7 10 5 3 24 8 11:00 4 11 3 2 20 5 Midnight 6 4 3 4 16 6 Intersection: 10th Avenue and Merrifield Street Count Dates: October 10-12, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 4 1 0 0 5 0 2:00 1 0 0 0 1 0 3:00 2 0 0 1 2 1 4:00 0 0 0 0 0 0 5:00 0 0 0 1 1 1 6:00 1 1 0 5 6 5 7:00 3 8 0 9 19 9 8:00 7 16 0 14 37 14 9:00 5 5 0 4 14 4 10:00 3 4 0 5 12 5 11:00 3 4 0 2 9 2 Noon 7 8 0 4 18 4 1:00 6 4 0 7 17 7 2:00 5 2 0 5 12 5 3:00 14 10 0 6 30 6 4:00 12 7 0 9 28 9 5:00 17 8 0 9 34 9 6:00 23 16 0 6 45 6 7:00 16 13 0 11 39 11 8:00 13 9 0 4 26 4 9:00 7 8 0 3 18 3 10:00 6 5 0 2 13 2 11:00 6 2 0 4 12 4 Midnight 5 1 0 1 6 1 Intersection: 10th Avenue and Shakopee Avenue o Count Dates: September 26-28, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 0 0 1 3 4 0 2:00 0 0 0 1 2 0 3:00 0 0 0 1 1 0 4:00 0 0 0 0 0 0 5:00 0 0 0 0 1 0 6:00 0 0 12 1 13 0 7:00 0 0 34 6 40 0 8:00 0 3 39 10 52 3 9:00 0 3 19 8 30 3 10:00 0 2 12 6 21 2 11:00 0 2 11 7 20 2 Noon 0 3 14 12 29 3 1:00 0 2 19 13 34 2 2:00 0 3 17 13 32 3 3:00 0 1 18 13 32 1 4:00 0 4 16 27 47 4 5:00 0 4 21 34 58 4 6:00 0 2 29 45 76 2 7:00 0 2 28 28 58 2 8:00 0 4 21 23 48 4 9:00 0 1 17 23 41 1 10:00 0 0 9 16 25 0 11:00 0 0 5 11 17 0 Midnight 0 0 2 5 7 0 Intersection: 10th Avenue and Swift Street Count Dates: October 31 - November 2, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 2 1 0 1 3 1 2:00 1 1 0 0 2 0 3:00 0 0 0 0 0 0 4:00 0 0 0 0 0 0 5:00 1 0 0 0 1 0 6:00 0 1 0 1 3 2 7:00 10 1 4 1 16 5 8:00 22 14 15 8 58 23 9:00 29 17 14 12 72 26 10:00 13 9 9 6 36 15 11:00 4 7 4 2 17 6 Noon 5 10 5 2 22 7 1:00 14 11 3 3 31 6 2:00 7 13 6 7 32 13 3:00 4 9 6 2 20 8 4:00 16 21 5 4 46 9 5:00 11 28 4 7 50 11 6:00 11 36 11 19 76 30 7:00 20 39 8 11 78 19 8:00 20 30 7 9 66 16 9:00 15 28 6 4 53 10 10:00 22 18 2 3 45 5 11:00 6 12 6 0 24 6 Midnight 4 7 3 1 15 4 Intersection: 10th Avenue and Ramsey Street Count Dates: October 24-27, 1995 recount of southbound on December 5-7, 1995 Average traffic Volume by Approach Total Hourly Total from Time Eastbound Westbound Southbound Northbound Volume Minor Street 1:00 0 1 0 1 3 1 2:00 0 0 1 0 1 1 3:00 0 0 0 0 0 0 4:00 1 0 0 0 1 0 5:00 1 1 1 2 5 2 6:00 9 2 1 2 15 4 7:00 35 12 4 8 58 12 8:00 51 15 16 8 90 24 9:00 22 11 6 4 42 10 10:00 8 10 2 3 23 5 11:00 9 9 2 2 23 5 Noon 14 14 3 3 33 6 1:00 17 19 6 2 44 8 2:00 13 14 7 3 36 10 3:00 20 27 8 11 66 19 4:00 31 39 7 10 87 17 5:00 33 47 8 9 97 17 6:00 23 38 6 8 75 14 7:00 36 34 7 8 85 16 8:00 15 25 6 6 51 12 9:00 11 22 4 8 45 12 10:00 12 24 3 7 45 10 11:00 5 8 1 4 18 5 Midnight 3 7 0 1 10 1 lJik:Z MEMO TO: Mayor and Councilmembers FROM: Barry A. Stock, Assistant City Administrator RE: Lease Agreement 213 East 1st Avenue(Country Collections) DATE: February 27, 1996 INTRODUCTION: The City has secured acquisition of a property located at 213 East 1st Avenue. Country Collections currently occupies the space in the majority of the building. It would be appropriate at this time to authorize the appropriate City officials to prepare and execute a lease agreement by and between Country Collections and the City of Shakopee. BACKGROUND: On February 6, 1996 the City secured acquisition of the property located at 213 East 1st Avenue. This transaction included the assignment of the lease for the building. During the week of February 26, 1996, I had the opportunity to meet with representatives from Country Collections to discuss the terms of their lease agreement. I also had the opportunity to speak with the previous property owner to ascertain the lease conditions. The representatives from Country Collections have agreed to a lease payment in the amount of$830.00 per month for the facility. Country Collections shall also be responsible for covering the cost of all utilities for said building. The terms of the lease arrangement would be similar to those executed on other properties that we are currently acquiring(month to month automatically renewable). The lease agreement would also provide for a 30 day termination provision upon written notice by either party. Staff is seeking Council authorization to proceed as stated herein. ALTERNATIVES: 1. Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Country Collections for the space located at 213 East 1st Avenue at a monthly rental rate of$830.00 with the tenant to be responsible for all utilities. 2. Do not authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Country Collections. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Country Collections for the space located at 213 East 1st Avenue at a monthly rental rate of$830.00 with the tenant to be responsible for all utilities. BAS/tiv- Tami\Word\Admin\Country MEMO TO: Mayor and Councilmembers FROM: Barry A. Stock, Assistant City Administrator RE: Lease Agreement 213-1/2 East 1st Avenue(Sports Studio - Steve Lebens) DATE: February 27, 1996 INTRODUCTION: The City has secured acquisition of a property located at 213-1/2 East 1st Avenue. Steve Lebens currently occupies a small amount of space in the lower level of the building. It would be appropriate at this time to authorize the appropriate City officials to prepare and execute a lease agreement by and between Steve Lebens and the City of Shakopee. BACKGROUND: On February 6, 1996 the City secured acquisition of the property located at 213 East 1st Avenue. This transaction included the assignment of the lease for the building. During the week of February 26, 1996, I had the opportunity to meet with Steve Lebens to discuss the terms of his lease agreement. I also had the opportunity to speak with the previous property owner to ascertain the lease conditions. Steve Lebens has agreed to a lease payment in the amount of$240.00 per month for the facility all inclusive. The terms of the lease arrangement would be similar to those executed on other properties that we are currently acquiring(month to month automatically renewable). The lease agreement would also provide for a 30 day termination provision upon written notice by either party. Staff is seeking Council authorization to proceed as stated herein. ALTERNATIVES: 1. Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Steve Lebens for the space located at 213-1/2 East 1st Avenue at a monthly rental rate of$240.00 all inclusive. 2. Do not authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Steve Lebens. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Steve Lebens for the space located at 213-1/2 East 1st Avenue at a monthly rental rate of$240.00 all inclusive. BAS/tiv- Tami\Word\Admin\Lebens 1/ m TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: March 7, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 3/6/96 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are bills for the EDA General Fund (code 0191-xxx) and Blocks 3&4 (code 9439-xxx) in the amount of $58, 125.78 . Action Requested Move to approve the bills in the amount of $343, 660 . 05. • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 03/06/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -25 0 11 MAYOR & COUNCIL 83,090 0 10,027 12 12 CITY ADMINISTRATOR 215,490 0 25,121 12 13 CITY CLERK 132,040 0 15,035 11 15 FINANCE 307,410 0 35,256 11 16 LEGAL COUNSEL 260,030 0 22,050 8 17 PLANNING 457,930 0 33,717 7 18 GENERAL GOVERNMENT BUILDINGS 132,510 0 19,133 14 31 POLICE 1,588,500 0 225,511 14 32 FIRE418,670 0 39,452 9 33 INSPECTION-BLDG-PLMBG-HTG 228,930 0 25,193 11 41 ENGINEERING 407,760 0 43,318 11 42 STREET MAINTENANCE 775,720 227 89,910 12 44 SHOP116,650 0 14,726 13 46 PARK MAINTENANCE 304,660 0 30,239 10 64 RECREATION 0 0 1,421 0 91 UNALLOCATED 436,340 0 251,034 58 TOTAL GENERAL FUND 5,865,730 227 881,119 15 =ma ws 17 PLANNING 463,400 0 16,389 4 TOTAL TRANSIT 463,400 0 16,389 4 was as 19 EDA 119,080 0 8,030 7 TOTAL EDA 119,080 0 8,030 7 ri ro a atx tx a x x x a a C4 Cd a a a a a a a a a E E E E El E El E El E E H H H H H H H H H a Cil Ow I z En U H t�N a0 CA to Ln 0 H N M M 0 H N C.) 0 lf)Lf) U) N In Lf) t0 to to o 10 Ln Ul U) Ul N N N N N N N N N N N U) Ul L l U) O O O O 0 O O O O 0 0 d' el' H N O el. .its H H H 0 0 O O O O O O O O O O o CO a0 a0 O O a0 cc) 0 0 O O O O O O O O O O O N N N 0 O N N 0 0 O H O O O N O O O t` O m r) M H O a0 co El 01 al CI1 N 01 N H (V H a0 a0 N 01 a0 a0 a0 09 a0 N t� gix M r) f'1 M V' t-- m N (`l r)M H el H H r 1 H M H H W eN V cf' et' •cl' M et' eN N. 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H Z El `� `� a o W M >+ I3' a. H Cl) I:4 Cl E4 El S. H U H I Cr) C4 0 U) Z a' LL 01 > 0 Z 0 G4 U U 41 C) El W O H H LO U) Cl) a C4 CII W (Lr;. U W x H cr til H N CO C1 0 0 0 0 o U O H H N M M M H M V to Cl" O H H V' V' V' V N N N N O 1-3 H U 3t 4k 4t at 3t at 3t 3t at Un U B 02222222E222 w w w w w ct. w w w w w w MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney,Public Works Director tat. . SUBJECT: Consultant Selection Process DATE: March 7, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: The Engineering Department is submitting a final recommendation on the engineering consultant selection process for Council approval. BACKGROUND: On February 6, 1996, the City Council directed staff to solicit Statements of Qualifications (SOQ) from engineering firms for the purpose of retaining general municipal engineering consultants to supplement the City Engineering staff. A total of eight firms submitted SOQ for consideration. Scott County was sent a letter requesting am SOQ as directed by Council. Scott County chose not to submit an SOQ at this time. (See Attachment No. 1). A Selection Committee comprised of the Acting City Administrator, Public Works Director and Engineering staff members was formed to review and rank the SOQ's. In the SOQ request letter to consultants and Scott County, the City was asking for qualifications and experience in the following areas: • General Municipal Engineering(Including Project Design and Surveying Services) • Transportation Engineering and Transportation Planning • Landscaping,Urban Design and Urban Planning • Surface Water Resources Engineering • Geographic Information Systems(GIS) • Public Works Professional Service The main purpose of selecting consultants is to assist the Engineering Department in its needs such as surveying of public improvement projects, specialized engineering expertise such as stormwater management and traffic engineering, project design when staff is unable to do a project. After reviewing the SOQ's, the Engineering Department selected to interview the following four firms: 1. WSB &Associates, Inc. (WSB) 2. MSA Consulting Engineers, Inc. (MSA) 3. Bolton& Menk, Inc. (BMI) 4. Reike, Carroll Muller,Inc. (RCM) ENGINEERING DEPARTMENT ANALYSIS AND RECOMMENDATION: After the interviews and further review of the SOQ's and reference checks, Engineering staff ranked the firms for the engineering service area being requested by staff. The top firms for each category is as follows: Engineering Service Category Firm#1 Firm#2 Firm#3 1. General Municipal Engineering WSB MSA BMI 2. Traffic Engineering WSB BMI RCM 3. Landscaping Urban Design SEH RCM OSM &Redevelopment 4. Surface Water Resources WSB BMI SEH 5. GIS MSA SEH BMI 6. Public Works Professional Service MSA BMI SEH In addition to the general engineering service categories, Engineering staff requested qualifications on specific projects engineering expertise for 1996 and they are as follows: 1. Storm Drainage Trunk Charge for New Developments 2. Transportation Signage Study 3. Transportation Analysis and Plan of Local Collectors 4. Transportation Speed Zone Study by Shakopee Schools 5. Dean's Lake Diversion Channel Study The firm that ranked the highest for all five specific projects was WSB & Associates, Inc. This is due their strong expertise in water resources and transportation. Their familiarity with Shakopee and strong knowledge in these specialty areas, made them the #1 firm for these proposed 1996 projects. The following paragraphs are brief backgrounds of the top firms: WSB & Associates, Inc. Based on the SOQ submitted, WSB is a firm specializing in municipal engineering and is particularly strong in project design, transportation and water resources and the Engineering Department recommends utilizing this firm as the primary consultant to assist the City in its general municipal engineering needs, stormwater hydraulics and transportation engineering. Most of the company's personnel worked for OSM, the City's current main consultant and have done extensive work in the City of Shakopee. Based on the fact that this company has good knowledge of the City of Shakopee area, standards, policies and ordinances and that the hourly rates of the principal individuals who will be involved have a 10% to 15% lower rate than OSM, this firm was ranked #1 through the Statement of Qualifications review and interviews. This firm uses a subconsultant, Peters, Price & Samson (PPS) of Savage, MN for surveying work. Staff checked references and received excellent recommendations from this firm's clientele. WSB engineers have extensive experience in the City's stormwater management plan since they prepared the plan while at OSM. Also they have experience in transportation systems for Mn/DOT, Counties and other Cities. Staff feels the engineering level of service from WSB will be equal to the past consultant and at a lower cost based upon review of fee schedules. MSA Consulting Engineers, Inc. MSA ranked first in the areas of sanitary sewer system, GIS coordination between City and County and public works professional services. MSA can also provide project design and surveying services as they have six survey crews and three registered land surveyors. The company is located in St. Paul with a field office in Prior Lake. MSA is working in the Cities of Eagan, Burnsville, Prior Lake and Savage,thus the location of the firm in St. Paul is not a factor. The proposed principal in charge for MSA to Shakopee will be Steve Gatlin. Mr. Gatlin has worked over 15 years as a City Engineer and Director of Public Works for the Cities of White Bear Lake and Roseville. His experience in White Bear Lake is very similar to the current development and redevelopment issues facing Shakopee. MSA was ranked#2 based upon the SOQ's and interviews. Bolton & Menk, Inc. This firm's main office is located in Mankato with a branch office in Burnsville. Their strength is in the area of surveying services with capabilities in providing project design, transportation and public works professional services. Many of this firm's municipal client list are smaller Cities south of the Minnesota River and generally in the southern Minnesota area. The City of Jordan has BMI as their consultant, for example. Staff feels this firm should be retained due to their strength in surveying and ability to work on smaller projects. Staff ranked this firm #3 due to its close proximity to Shakopee with the Burnsville office and strength is surveying and smaller project design capabilities. OTHER ISSUES: The purpose of soliciting SOQ's from consultants is to assist and supplement the City's engineering basic municipal engineering needs. OSM has been the City's main consultant for 12 years. Many of the municipal engineering personnel with OSM have left the firm. Due to the instability of the company and personnel turnover, staff is not recommending OSM be retained. The City does have some contract obligations on existing projects such as 17th Avenue and Sarazin Street and C.R. 16 sanitary sewer that should be fulfilled by OSM. Staff did also include in the SOQ request letter, qualifications for Landscaping, Urban Design and Urban Planning, for possible assistance in specialty projects such as redevelopment of Blocks 3 & 4 or development of the Riverfront District. These types of projects are best handled by large multi discipline firms that can coordinate the variety of engineering disciplines needed for design. From the SOQ's, the firms of SEH, RCM and OSM are large companies that have the civil, mechanical, structural, architectural and landscaping capabilities in one firm. Engineering staff does not have a recommendation of a particular firm for any of the aforementioned projects at this time. If Council chooses to proceed with specialized studies in the future, SEH, RCM or OSM would be good consultant candidates. RECOMMENDATION: For the City of Shakopee's Engineering Department and their engineering needs, the Engineering Department is recommending the following: 1. The firms of WSB &Associates,Inc., MSA Consulting Engineers, Inc. and Bolton&Menk,Inc. be prequalified to work in the City of Shakopee for a three year period. 2. WSB &Associates,Inc. is recommended as the primary consultant for general municipal,transportation and surface water resources. 3. MSA Consulting Engineers, Inc. is recommended as the primary consultant for sanitary sewer, GIS coordination and public works professional services. 4. Orr-Schelen-Mayeron& Assoc., Inc. should be retained to fulfill contract obligations and projects currently existing with the City of Shakopee. ACTION REQUESTED: Move to prequalify the consulting firms of WSB & Associates, Inc., MSA Consulting Engineers, Inc. and Bolton&Menk,Inc. as needed. BL/pmp SOQ ATTACHMENT NO. 1 CONSULTANTS SOLICITED WSB &Associates,Inc. (WSB) Orr-Schelen-Mayeron&Assoc., Inc. (OSM) Reike Carroll Muller Assoc.,Inc. (RCM) MSA Consulting Engineers, Inc. (MSA) Toltz,King,Duval, Anderson&Assoc., Inc. (TKDA) Short Elliott Hendrickson,Inc. (SEH) Bolton&Menk,Inc. (BMI) William Engelhardt&Assoc., Inc. (WEA) * Scott County * No Statement of Qualifications proposal received by staff. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF District Number 6 DATE: February 26, 1996 Introduction Council is requested to consider closing TIF District Number 6 due to the minimal increment being received. Background TIF District number 6 is the motel/campground at First Avenue and Marschall Road. The development planned at the time the district was created never materialized and therefore the anticipated increment never was realized. Council considered closing this district a couple of years ago when the increment being generated was about $10, 000 per year and decided to keep it open. Currently the district is generating about $2, 600 per year. Council is requested to close District 6 due to the minimal amount of increment being generated and to reduce the administrative work associated with tax increment districts . Closure will not affect other TIF plans or projects because the amount is so small that it has not been included in planning the financing for other projects. Alternatives 1. Status Quo. 2 . Close District 6 . Recommendation Alternative number 2 - close TIF District #6 . Action Requested Move to direct staff to prepare a resolution closing TIF District #6 . MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne ''',% DATE : February 29, 1996 RE : Agreement with St . Francis BACKGROUND: In February 1995 the City, Shakopee Public Utilities Commission, and St . Francis Regional Medical Center entered into an Agreement relating to the providing of utilities to the new medical campus . Very short deadlines for installing those utilities were included in the Agreement, and not all of those deadlines were met . Liquidated damages were set for failure to meet the deadlines, and those damages are now due from the contractors who failed to complete their work on time. St . Francis Regional Medical Center has generously agreed to reduce the liquidated damages to their ` actual damages for the delays . In order to accomplish this, an amendment to their Agreement with the City and Shakopee Public Utilities Commission is needed. Such an amendment has been prepared, and already agreed to by Shakopee Public Utilities Commission. ALTERNATIVES : 1 . Enter into Addendum No. 2 to the Agreement, reducing the damages owed to St . Francis Regional Medical Center. 2 . Do not enter into Addendum No. 2 . RECOMMENDATION: Authorize the appropriate City officials to enter into Addendum No. 2 to the Agreement between St . Francis Regional Medical Center, Shakopee Public Utilities Commission, and the City. [2 9MEMO] ADDENDUM NO. 2 TO AGREEMENT This Agreement made this day of 1996 , by and among St . Francis Regional Medical Center, a Minnesota non- profit corporation ( "SFRMC" ) , the Shakopee Public Utilities Commission ( "SPUC" ) and the City of Shakopee, a municipal corporation under the State of Minnesota (the "City" ) . RECITALS A. On February 14 , 1995, the parties hereto entered into an Agreement regarding the provision of certain utilities to the Medical Campus being constructed by SFRMC, which Agreement was recorded as Document No. 349603 on March 3 , 1995 ; and B . The Medical Campus is being constructed on Lots 1, 2 , 3 , 4 , 5, 6 , and 7, Block 1, and Outlot A, St . Francis Medical Campus, Scott County, Minnesota; and C. That original Agreement was amended in Addendum No. 1 to Agreement, entered into on September 5 , 1995 ; and D. The parties now desire to further amend that Agreement . NOW, THEREFORE, SFRMC, SPUC, and the City agree as follows : 1 . That the Agreement dated February 14 , 1995, by and between the parties hereto, and recorded as Document No. 349603 on March 3 , 1995, is hereby amended by deleting paragraphs 1 (c) (i) and i (c) (ii) , and replacing them with the following paragraphs : (i) The well (and related facilities) on the northerly SPUC Parcel will be adequate to serve the needs of the approximately 22, 000 square foot clinic building to be constructed by PNMC on the Medical Campus, a separate medical office building of up to 40, 000 square feet, and the approximately 74 , 000 square foot hospital building to be constructed by SFRMC on the Medical Campus . SPUC/City will require its contractor to complete the well and install temporary (or permanent) pumping equipment so that it is operational no later than May 1, 1995 ; SPUC/City will impose on the contractor installing the well on the northerly SPUC Parcel , and will pay to SFRMC, a penalty equal to the costs incurred by SFRMC for any delay in having the well (and at least temporary pumping equipment) operational . SPUC/City will require its contractor to install permanent pumping equipment so that it is operational no later than December 1, 1995; SPUC/City will impose on the contractor installing the permanent pumping equipment, and will pay to SFRMC, a penalty equal to the costs incurred by SFRMC for any delay in havinq the permanent pumping equipment operational . If temporary pumping equipment is required to meet the May 1, 1995, date set forth above, SFRMC agrees to pay for its installation, operation and removal . If the need for temporary pumping equipment could be avoided by deferring the May 1, 1995, date for a short period of time (acceptable to SFRMC) so that the permanent pumping equipment could be installed, SPUC/City agrees to cooperate with SFRMC in considering whether to proceed directly with the installation of permanent pumping equipment, skipping altogether the installation (and expense) of temporary pumping equipment . (ii) SPUC/City will require its contractor to complete construction of the combination water treatment facility and water pressure booster station so that it is operational no later than December 1, 1995 . SPUC/City will impose on the contractor installing the water pressure booster and treatment facility, and will pay to SFRMC, a penalty equal to the costs incurred bv SFRMC for any delay in havinq the combination water treatment facility and water pressure booster station operational . 2 . All other provisions of the Agreement shall remain in full force and effect . IN WITNESS WHEREOF, St . Francis Regional Medical Center, the Shakopee Public Utilities Commission, and the City of Shakopee have executed this Agreement as of the day and year first above written. ST. FRANCIS REGIONAL MEDICAL CENTER SHAKOPEE PUBLIC UTILITIES COMM ON By B -�— Its Its PRESIDENT By By LJW G AA 4_ �-- Its Its SECRETARY THE CITY OF SHAKOPEE By Mayor 2 By City Administrator By City Clerk [5MEMO] 3 STATE OF MINNESOTA ) ) ss . . COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by of St . Francis Regional Medical Center, a Minnesota non-profit corporation, on behal of t e n- ofit corporation. t Notary Public ' /' TERMAJWOMMMI STATE OF MINNESOTA ) •CCITOCUMN ) s s . w wwwsouplem .M. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by , of St . Francis 'egional Medical Center, a Minnesota non-profit corporation, on behal % of e n n-p ofit corporation. i 1 r 14AYIE- Notary Public is TERRILL L.ROQUETTE `' '! ;` NOTARY Pueuc• UNJ w w SCOTT COUNTY • 4 STATE OF MINNESOTA ) ) ss . COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 1996, by of the Shakopee Public Utilities Commission, a public body under the laws of Minnesota, on behalf of the Commission. Notary Public STATE OF MINNESOTA ) ss . COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1996, by of the Shakopee Public Utilities Commission, a public body under the laws of Minnesota, on behalf of the Commission. Notary Public STATE OF MINNESOTA ) ) ss . COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 1996, by Jeff M. Henderson, Mayor, Dennis R. Kraft, City Administrator, and Judith S. Cox, City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public [5MEMO] 5 MEMO TO: Barry A. Stock, Acting City Administrator FROM: V. Paul Bilotta, Community Development Director MEETING DATE: March 12, 1996 RE: Community Development Department Staffing INTRODUCTION: Staff has previously brought the issue of Community Development Department staffing to the City Council (Attachment 1), however action on this item was tabled due to the labor issues of the past couple of months. DISCUSSION: Workload/Projects Since the January 2, 1996 memo, the basic functions of the department have continued uninterrupted (boards and commissions, plats, building permits, telephone inquiries, meeting with citizens) although other items have been put on hold or delayed including the following: (Staff apologizes for the"laundry list" appearance. The intent is to provide a listing of the general types of projects so that the City Council has an idea of the types of items the department is involved in, not to put down a lot of items to justify any particular staffing level. Staffing levels are a City Council policy decision related to desired projects/priorities/service levels and staff is able and willing to respond to any City Council policy direction in these areas.) Economic Development(all on hold) Resident's Guide Incentive Program Update Vacant Industrial/Commercial Site Inventories Promotional Materials Development Development of new econ. development programs Downtown Plan Update (Last done in mid-'80's) Historic Preservation Planning/Programs(CDC direction) Development of Financial Assistance tools and Econ. Development Impact Analysis tools Development of overall Economic Development Strategic Plan(including industry analysis, etc.) Tourism Promotion Activities(coordination with CVB/Chamber etc.) 1996 Economic Development Work Program Development Retention Activities Development process streamlining 1 Information Services Internet Access (on hold--transferred to Citizen Committee) LOGIS Coordination/Committees(on hold) Long Range Planning Shoreland Regulations Update(on hold--mandated issue) Neighborhood Meetings/Planning (on hold--City Council direction from '95) City Demographic Updates (on hold) Preparation for 2000 Census (delayed) Sidewalk/Trail Plan Update(on hold) Riverfront Plan Implementation(on hold/delayed) 12 Zoning text amendments (on hold/delayed) Traffic Control Sign Plan(on hold/coordinating with Eng.) Downtown Courthouse Siting(delayed) East Shakopee Area Transportation Plan(on hold) Capital Improvement Plan(dept. aspects on hold or transferred to other dept.'s) Met Council items (Delayed, not necessarily on hold) MUSA Expansion issues(delayed) Comprehensive Plan Update Issues(delayed) Centres Group MUSA Expansion(delayed) Growth Strategies Monitoring/Lobbying(delayed) MUSA Expansion Handbook Development Monitoring/Lobbying(on hold) Rural Growth Policies Monitoring/Lobbying (on hold) MCES Strategic Planning Efforts (delayed) Livable Communities Act Implementation(on hold) Southwest Coalition Lobbying (delayed) 2 Other Communities Staff has attempted to provide information on surrounding communities, however, the responses from Savage and Chanhassen have not yet been received and will hopefully be provided on the table. Staffing Comparison with Other Cities Shakopee Chanhas.' Chaska Eden Pr. Prior Lake Savage2 Planners 1.43 2 84 3 Econ. D. 1.75 1 1 1 Support6 1 3 67 Info. Svc. .258 69 3-410 0 Interns 0 1 0 0 Total 4.35 911 1012 1013 Res. Units 261 111 803 226 '95 Comm/Ind $25 Mill. $16.9 Mill. Unknown Unknown . in '95 Use of $15,000 $20,00015 16 "Lots"17 Consult. budgeted/$ for 0 spent'4 Planning Source: Staff at each city 3/8/96 ' Response not yet received 2 Response not yet received 3 One Planner I and 40%of CD Director 4 Includes a City Forester 5 One Planner I and 70%from CD Director/Asst. City Administrator 6 Secretaries/Clerk-Typists 7 Includes Engineering Support Staff 8 25%of CD Director(10-50 hours per week) 9 Part-time(people have other positions) 10 Part-time(people have other positions) 11 Assuming Info. Svc. staff spend 33%of time on computer issues 12 Assuming Info. Svc. staff spend 33%of time on computer issues 13 Not a very accurate indicator due to Eng. staff too(Shakopee has 1 eng. support staff person for comparison purposes) 14 Shakopee has generally not used consultants extensively for Planning,only special projects 15 Chaska uses only for special projects 16 No$value mentioned but only for special projects 17 Indicated"lots"for Long Range Planning, Comp.Plans,All design/inspections/special studies 3 Uncertainties There are some policy level uncertainties that have been raised since January 2, 1996 that could impact staffing recommendations including the following: Information Services: The City Council is looking at increasing the services provided by Information Services including Internet access. This could impact workloads/staffing. In addition, the resignation of Dave Nummer has eliminated any non-consultant backup to the Community Development Director(in his role as the primary MIS staff person). Staff has not been able to identify another staff member that currently has the skills to serve in that role. Use of Consultants: Although the City's entry level planners are exceptional given their level of experience, the department's level of inexperience does create problems with special projects, including long range planning etc. where there may often only be one staff member with the expertise to do the project. If the entry level staff person option is chosen, then there will likely be a need to use consultants more extensively for special projects. Reorganization Possibilities: With a new City Administrator hiring on the horizon there is the possibility that reorganization of responsibilities/functions could occur. If more responsibility/functions were transferred to the C.D. Dept., it may be more important to hire a mid-level planner since the C.D. Director would be able to devote less time to Planning issues. On the other hand, if responsibilities/functions were transferred out of the dept. the opposite effect could occur. Either can be responded to, however, no direction has yet been provided. Changing of Priorities: The seated City Council has not yet had an opportunity to provide policy direction on desired service levels/special projects for the dept. These could impact staffing needs and composition. Acting City Administrator Role: Currently, Barry Stock provides a key support role in many of the functions of the CD Dept., particularly Economic Development, Community Outreach and Transit. With the change in his duties, there will be a temporary increase in workload for the dept. Growth Rates: The City's MUSA line is currently frozen, however, it is hoped that this situation will be resolved soon. The City Council may want to consider whether staffing levels should be increased in anticipation of increased growth or whether it is best to wait until the growth actually is realized. This is obviously a policy issue. ALTERNATIVES: The alternatives in the January 2, 1996 memo are still available as is some other option desired by the City Council. 4 ACTION REQUESTED: Direct staff to take the steps neccesary to implement the City Council's preferred alternative and move its adoption. 5 Attachment 1 Memo To: Dennis Kraft,City Administrator From: V. Paul Bilotta, Community Development Director Meeting Date: January 2, 1996 Re: Community Development Dept. Staffing Introduction With the acceptance of Terrie Thurmer's resignation in December, the City Council directed staff to initiate the process of filling the vacant position. Staff is seeking direction on the preferred approach to fill this position. Background The Community Development Dept. consists of 3 major functional areas--Planning, Economic Development and Information Services (+ other more minor functional areas—transit etc.) The Planning and Information Services functional areas have experienced a 100% turnover of professional staff during 1995 with only the secretary remaining from the April, 1995 staffing of 6 positions (including the secretarial position). In the summer of 1995,the City Council looked at reorganization of these functional areas and merged them with Economic Development to create a Community Development Dept. As part of this process, the five non-secretarial Planning and Information Services positions were reduced to two full-time positions(Planner I and Planner II)and approximately 40%of the Community Development Director's position. For cost savings purposes,the Planner II position was filled at the Planner I level. In order to achieve the best chance of hiring quality, entry-level employees, staff recommended that the City hire a group of interns with the understanding that they would compete for full-time position(s). This hiring process appears to have worked well. Discussion The 1996 Community Development Dept. budget has a Planner I and a Planner II position budgeted for the planning functions. The Planner I position is currently filled. This gives the City Council the flexibility to seek a mid-level employee (Planner II) or an entry-level employee (Planner I) to achieve cost savings. There are positives and negatives to both actions and some of the possibilities are outlined below: 1. Hiring Planner I through the intern process employed in 1995—At the present time, the planning functions are being handled by effective, competent, entry-level employees that are lacking experience and therefore in a steep learning curve. Staff believes that at the present time, productivity would not be enhanced by adding interns until the current staff is given 2-3 more months of experience. This will allow the new employees to become familiar enough with their positions so that they can take advantage of and guide the inexperienced intern support. In addition, the Community Development Director will have additional management time available in March or April that is currently being expended to bring the new employees 1 up to speed. (The new employees are acquiring job knowledge/skills at a high rate for employees right out of college. This was expected given their levels of educational achievement and the observation of their work habits/abilities by staff during their internships.) Since the Planning and Information Systems positions were reduced from five to two last year, there is little"slack' in staffing, so the delay of the filling of this position will likely result in the delay of projects that are not day-to-day or could result in the need to hire consultants to undertake projects that the City Council determines can not be delayed. Economic Development staff has already been transferred over to assist the Planning team, in accordance with the Community Development Dept.'s standard backup procedures for critical functions, so no delay has occurred to development activities. Based on the experience from last summer and fall, this option will likely result in a large increase in the number of weekends and late nights that will need to be worked by Community Development staff and vacation requests will likely need to be limited. This situation is not ideal and can not be extended indefinitely without negatively affecting productivity and morale, but was effectively used in 1995 and should still allow maintenance of basic service levels during the time frame proposed. 2. Hiring a Planner II: A Planner II could be hired within two months and would provide the additional benefit of being able to provide a backup to the Community Development Director on planning issues. A negative aspect of this alternative is that there would be a larger, long- term cost due to the higher salary range. In addition, the reduced size of the reorganized planning team probably does not justify a need for further hierarchy at this time and the team could largely function over the long term as effectively with a Planner I. 3. Hiring an experienced Planner I: A Planner I could be hired within two months and would not have the training curve of an inexperienced Planner I. The downside is that the City would likely have to hire the employee at a higher salary level to attract an experienced Planner I. In addition, it may be difficult to attract a good Planner I since, in general, quality planners only stay Planner I's for 2-3 years. This makes it very difficult to find good, experienced, entry-level planners willing to make a lateral move and there is a lot of potential to attract less desirable candidates. 4. Do not fill this position at this time: The City Council may choose not to fill this position. Due to the reductions in staff mentioned under# 1, there would be a need to significantly alter service levels and/or seek assistance from other sources(consultants etc.) Without altering job responsibilities and service levels,this option would result in only one entry-level planner being assigned to full-time planning activities. Shakopee has not been able to do its planning with only one full-time entry-level staff person since the 1980's when development activity was significantly smaller (1985-63 new residential building permits; 1994--171 new residential building permits). All indications from City and private-sector sources is that the opening of the Bloomington Ferry Bridge is going to greatly increase the residential activity in the next 5- 2 10 years, so a return to 1985 development levels will likely not occur without strong growth control measures imposed by the City Council. Alternatives 1. Direct staff to delay hiring of a Planner I until spring using the internship/hiring process employed in 1995 and adjust the Community Development work program items accordingly and/or use consultants for specific time sensitive projects identified by the City Council on a case by case basis. 2. Direct staff to begin the process of hiring a Planner II. 3. Direct staff to begin the process of hiring a Planner I. 4. Do not fill the vacant position and provide direction to staff on department restructuring and/or desired levels of service with one full-time planner. 5. Table the decision and request additional information from staff. Recommendation Staff recommends Alternative 1, because this alternative provides the most long term benefit and the least cost to the City and should create difficulties for only 3-6 months. Action Requested Offer a motion to direct staff to fill the vacant Planner I position with 2-3 interns in Spring 1996 with the intent to fill the position with the most qualified intern, and move its approval. i:\commdev\cc\1996\cc0102\cdstaff.doc 3 Attachment 2 L O U 2 b Z Q O O ' NU Z Q .� if i— '0" O o 'U +_ N W cn o_ i- W Ce i Q Q a a U) �., U ? 0 v sm •- a) V— m = W o w > I— co Cr — - 0 Z W r' c c J co (o o 0_ Q. a. a U O J 17) W o 0 W C c O o - o 0 0 t ' U .c 4'16, O 0 N O O U 4) o) p I_ -p > (n CCCCc 0 • 'c _co co co U coco 0 o N c8 > 0 Cl) U c (i O O C Q a C. w co 11 MEMO TO: Barry A. Stock, Acting City Administrator `�Q FROM: V. Paul Bilotta, Community Development Director V1 DATE: March 12, 1996 RE: Community Development Dept. Staffing Comparison Chart Staff has now received responses from the cities of Chanhassen and Savage and has provided an updated staffing comparison chart(attached). In addition, an error was discovered on the Eden Prairie staffing. Eden Prairie has 3 support personnel and also uses a pool of on-call"temps" instead of 0 as shown on the chart in the packet. This brings the total staffing in Eden Prairie up to 13. The number of residential permits was used as a rough approximation of the amount of development activity, which tends to be the largest use of staff time that is out of the City's control and can be used as a measure of efficiency(see below). Other activities of the department are more the types of activities that are fully dependent on the City Council's desired levels of service and conditions(for instance, new plans, rewriting codes/procedures, customer service, redevelopment activities, interaction with Met Council/legislature, etc.) Permit Efficiency Shakopee Chanhassen Chaska Eden Prairie Prior Lake Savage Planners 1.4 5 2 8 3 3 Res.Units in '95 261 478 111 803 226 242 Units per Planner 186.4' 95.6 55.5 100.4 75.3 80.7 • ' Since this level of activity exceeds the maximum that can be managed per planner,assistance has been temporarily transferred from the Econ.Development functional area Other Communities Staff has attempted to provide information on surrounding communities, however, the responses from Savage and Chanhassen have not yet been received and will hopefully be provided on the table. Staffing Comparison with Other Cities Shakopee Chanhas. Chaska Eden Pr. Prior Lake Savage Planners 1.4' 52 2 83 3 34 Econ. D. 1.75 1 1 1 1 1 Support6 1 1 3 3+7 68 1 Info. Svc. .259 0 6'o 3-4" 0 112 Interns 0 1 1 0 0 0 Total 4.35 8 913 1314 1015 616 Res. Units 261 478 111 803 226 242 '95 Comm/Ind $25 Mill. Unknown $16.9 Mill. Unknown Unknown Unknown . in `95 Use of $15,000 $25,00018 $20,00019 20 "Lots"21 Yes, but Consult. budgeted/$ unsure of for 0 spent" $ spent Planning Source: Staff at each city 3/8/96 ' One Planner I and 40%of CD Director 2 Including a City Forester 3 Includes a City Forester 4 Including a City Forester 5 One Planner I and 70%from CD Director/Asst. City Administrator 6 Secretaries/Clerk-Typists 'Also uses a pool of on-call"temps" 8 Includes Engineering Support Staff 9 25%of CD Director(10-50 hours per week) 10 Part-time(people have other positions) " Part-time(people have other positions) 12 Part-time(Finance dept.) 13 Assuming Info. Svc.staff spend 33%of time on computer issues 14 Assuming Info. Svc.staff spend 33%of time on computer issues 15 Not a very accurate indicator due to Eng.staff too(Shakopee has 1 eng. support staff person for comparison purposes) 16 Savage staff indicates that they are becoming overworked and may be requesting additional staff soon '7 Shakopee has generally not used consultants extensively for Planning,only special projects 18 Chanhassen uses for special projects 19 Chaska uses only for special projects 20 No$value mentioned but only for special projects 21 Indicated"lots"for Long Range Planning,Comp.Plans,All design/inspections/special studies 3 MEMO TO: Mayor and City Council //A} FROM: Barry A. Stock, Acting City Administrator RE: Red Cross Request to Lease Space DATE: March 1, 1996 INTRODUCTION: The Red Cross office lease for space in the Pablo's Restaurant building expires on March 31, 1996. On Friday, March 1, Ms. Cindy Bahmer, Scott County Red Cross Branch Manager called to determine if I was aware of any office space for rent in Shakopee. I went on to inform her of several possible leads including the space in City Hall formerly occupied by the Recreation Department. Ms. Bahmer expressed interest in the City Hall space and requested that I approach Council to determine if it is available for lease. BACKGROUND: The recreation department office space in city hall is currently vacant. The Red Cross is currently paying a rate of$6.75 per sq. ft. plus utilities. The space available in the former recreation office area equates to 1,280 sq. ft. Utilizing the same rent factor being paid by the Red Cross, the monthly lease rate for the recreation department area would equate to $720.00 per month. If Council desires to lease the space, staff would propose that a monthly rate in the amount of $850.00 per month be received for this space. This rate would include all utility costs with the exception of telephone. The Red Cross would also be responsible for their own custodial costs. The Red Cross would agree to a month to month automatically renewal lease and a 90 day cancellation provision by either party. After discussing this matter with the Finance Director and City Attorney, staff is proposing that the appropriate City officials be directed to inform the Red Cross that the City is not interested in leasing the space out at this time. The Finance Director has indicated an interest in moving to the former recreation space. Additionally, the Scott County Joint Prosecution staff may be interested in either the current Finance\Legal space or the former Recreation Department space. Finally, there may be some reorganizational changes that Council may want to consider over the course of the next three to six months that may impact our current space needs. Staff is seeking Council direction at this time. ALTERNATIVES 1. Respectfully inform the Scott County Red Cross that the City of Shakopee is not interested in leasing out the recreation department space at this time. 2. Authorize the appropriate City officials to prepare and execute a lease agreement by and between Scott County Red Cross and the City of Shakopee for the office space formerly occupied by the recreation department in city hall at a rate of$850.00 per month all inclusive. 3. Suggest some other space rate and terms and provide direction to staff accordingly. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Respectfully inform the Scott County Red Cross that the City of Shakopee is not interested in leasing out the recreation department space at this time. IIs MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorneef DATE : March 6 , 1996 RE: Entry and Testing Agreement with Sprint Telecommunications BACKGROUND: Sprint Telecommunications has requested permission to test the site of a water tower to determine whether an antenna could be installed on the water tower. They have received tentative permission from Shakopee Public Utilities (SPUC) for this . Since the water tower is on City land, and since it is necessary to cross City land to get to the water tower, approval from the City Council also is required. As attorney for the City and for SPUC, I have reviewed the proposed agreement . From a legal point of view, it is acceptable. However, there are a couple of policy issues which should be noted. The agreement gives Sprint Telecommunications permission to "make and file applications" on behalf of the City in order to obtain the necessary approvals and permits to install the antenna. This is broad authority. The City Council may prefer to give authority on a permit-by-permit basis, or may be comfortable allowing Sprint Telecommunications to pursue its antenna testing without further involvement from the City Council . The agreement also gives Sprint Telecommunications permission to enter onto the site for six months . Apparently they actually will need to be on site less than a week, but are asking for a longer time because they do not know precisely when they will be on site . The City Council may be comfortable with this length of time, or may wish to limit it . ALTERNATIVES : 1 . Authorize the appropriate City officials to enter into an Entry and Testing Agreement with Sprint Telecommunications . 2 . Direct that specific changes be made to the Entry and Testing Agreement, then authorize the appropriate City officials to enter into the revised Agreement . 3 . Do not approve the Agreement . RECOMMENDATION: Discuss and provide appropriate direction. [6CCL] Site: Shakopee Water Tower Site I.D. 051 MTA: MN ENTRY AND TESTING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 199_,by and between City of Shakopee ("Owner") and MajorCo,L.P., d/b/a Sprint Telecommunications Venture("STV"), concerning the following described property owned by Owner("Property"): 803 Cantebury Drive, Shakopee, Minnesota A. STV has an interest in [leasing/purchasing] the Property for use as a tower or antenna site for the receipt and transmission of wireless communications signals; and B. In order for STV to determine the viability and feasibility of the Property as a tower or antenna site it is necessary for employees, agents or independent contractors of STV to enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local, state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and STV desire to provide for the entry upon, inspection and/or testing activities, and applications concerning the Property pursuant to the terms contained in this Agreement. NOW,THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and STV agree as follows: 1. Consent. Owner consents and agrees that STV, its employees, agents and independent contractors ("Authorized Parties")may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analyses,phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which STV may deem necessary or advisable. STV agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval STV may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits. Owner hereby agrees that an executed copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such STV Entry and Testing Agreement 1 Version 1.0,Dated 11-30-95 C:\winword\entrtest.agt Savedate: 11/30/95 other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities upon execution of this Agreement and may have access to the Property for up to 6 months. 4. Removal of Property. STV agrees that it will, upon the conclusion of the term of this Agreement, remove any equipment installed on the Property as a part of the Permitted Activities, repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and will return the Property to the condition it was in before STV's entry onto the Property. In the event any equipment installed on the Property by STV is not timely removed, Owner will have the right to remove such equipment and STV agrees to be responsible for the reasonable costs of such removal. 5. Indemnity. STV agrees to indemnify, save harmless, and defend Owner, its directors, officers, employees, and property management agent, if any, from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in conducting the Permitted Activities. Any defense conducted by STV of any such claims, actions, damages, liability and expense will be conducted by attorneys chosen by STV, and STV will be liable for the payment of any and all court costs, expenses of litigation,reasonable attorneys' fees and any judgment that may be entered therein. 6. Insurance. At Owner's request, STV agrees to provide a certificate of insurance evidencing STV's insurance coverage. 7. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the state of Minnesota ,without regard to such state's conflict of laws provisions. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. MajorCo, L.P. d/b/a Sprint OWNER: Telecommunications Venture Cityof Shakopee By: By: Name: Name: Title: Title: STV Entry and Testing Agreement 2 Version 1.0,Dated 11-30-95 C:\winword\entrtest.agt Savedate: 11/30/95 // 7-- MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Assistant Facility Manager/Recreation Programmer Position Appointment DATE: March 8, 1996 INTRODUCTION: On November 21st the Shakopee City Council tabled action on filling the Assistant Facility Manager/Recreation Programmer position. On January 2, 1996 the Shakopee City Council discussed this item and decided to leave it on the table. Staff is seeking direction with respect to this position and/or staffing in the Recreation Department. BACKGROUND: Attached is a copy of the memorandum that was sent to City Council on January 2, 1996 with respect to the process utilized in filling the Assistant Facility Manager/Recreation Programmer position. Staff would request that City Council discuss this item in detail and provide direction accordingly. ALTERNATIVES: 1. Appoint a candidate to fill the Assistant Facility Manager/Recreation Programmer position. 2. Determine some other organizational structure for dealing with staffing in the Recreation Department. 3. Table action pending further information from staff. ACTION REQUESTED: 1. Offer a motion to remove the Assistant Facility Manager/Recreation Programmer position appointment from the table. 2. Provide direction to staff accordingly. r MEMO TO: Dennis R.Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Assistant Facility Manager/Recreation Programmer Position Appointment DATE: December 21, 1995 INTRODUCTION: On November 21st the Shakopee City Council tabled action on filling the Assistant Facility Manager/Rec.Programmer position. This was done to allow the new Council to become more familiar with the position and change in job duties. BACKGROUND: With the construction of the Community Recreation Center, staff undertook an evaluation of the job responsibilities and experience of our current staff versus the new job responsibilities that are associated with the management and operation of our new facility. After thorough review, it was determined that there was a need to create a new position that would be responsible for the management and operation of the facility as well as the supervision of the Recreation Department staff and programs. Since none of current Recreation Department employees had any previous experience operating a facility in the neighborhood of 77,000 sq. ft. (including the Ice Arena), it became quite clear that we needed to create a new position. Staff subsequently proposed the creation of the Recreation Superintendent position which was filled in November by Mr: Ron Steilmaker. Staff also proposed that the existing Recreation Supervisor position be eliminated and that a new exempt position classification entitled Assistant Facility Manager/Rec. Programmer position be created. The new position title and job description more accurately defined the duties needed to assist in operating our new facility and coordinate our existing recreation programs. Additionally,the creation of the new position correctly assigned a job value and pay rate that was in compliance with our comparable worth schedule and pay plan. On November 14, 1995, five applicants were interviewed for the Assistant Facility Manager/Recreation Programmer position. The interview team has setforth a ranking of the candidates in order of preference. The ranking method utilized herein is contrary to our typical practice of recommending position appointments. However,this is the first case where an existing employee has applied for a position that has been-open to outside candidates. Staff felt it was important to give the internal candidate the greatest opportunity for consideration and therefor has setforth the ranking method as outlined herein. t Following is a summary of the candidate ranking: 1. Thomas Herbst * 10+years recreation experience * currently managing 3 indoor rink facility * previous recreation program coordinator experience * extensive ice facility/zamboni mechanical background * previous indoor/outdoor swimming pool operation experience 2. Boyd Clark * previous leisure and tourism director experience * previous ice arena facility management experience * previous recreation program experience * previous indoor/outdoor pool operation experience 3. Mark McQuillan * 15 years previous recreation program and supervisor experience - City of Shakopee * expressed willingness to learn facility/operation issues 4. David White * previous recreation program supervisor experience * previous ice arena facility and maintenance operation experience * previous aquatic facility management and program background 5. David St. Aubin * previous recreation supervisor experience. The salary range for the Assistant Facility Manager/Recreation Programmer position ranges between$29,738 to $37,172. Each of the candidates noted above with the exception of the internal candidate have expressed willingness to accept the position appointment at step 1 of the pay range ($29,738). The internal applicant has requested the top step of the pay range ($37,172). In conjunction with this position appointment, staff is recommending that the existing Recreation Supervisor position classification be eliminated consistent with the procedures setforth in the personnel policy. The current Recreation Supervisor receives a non-exempt annual salary of$42,988. It should be noted that the Recreation Superintendent position was recently filled at step 2 of the Recreation Superintendent pay schedule ($40,055). Staff is seeking direction with respect to filling the position appointment at this time. If City Council selects to proceed with the position appointment, staff would also be recommending that the Recreation Supervisor position be terminated effective January 19, 1996. Following is a summary of the candidate ranking: 1. Thomas Herbst * 10+years recreation experience * currently managing 3 indoor rink facility * previous recreation program coordinator experience * extensive ice facility/zamboni mechanical background * previous indoor/outdoor swimming pool operation experience 2. Boyd Clark * previous leisure and tourism director experience * previous ice arena facility management experience * previous recreation program experience * previous indoor/outdoor pool operation experience 3. Mark McQuillan * 15 years previous recreation program and supervisor experience- City of Shakopee * expressed willingness to learn facility/operation issues 4. David White * previous recreation program supervisor experience * previous ice arena facility and maintenance operation experience * previous aquatic facility management and program background 5. David St. Aubin * previous recreation supervisor experience. The salary range for the Assistant Facility Manager/Recreation Programmer position ranges between$29,738 to $37,172. Each of the candidates noted above with the exception of the internal candidate have expressed willingness to accept the position appointment at step 1 of the pay range($29,738). The internal applicant has requested the top step of the pay range($37,172). In conjunction with this position appointment, staff is recommending that the existing Recreation Supervisor position classification be eliminated consistent with the procedures setforth in the personnel policy. The current Recreation Supervisor receives a non-exempt annual salary of$42,988. It should be noted that the Recreation Superintendent position was recently filled at step 2 of the Recreation Superintendent pay schedule ($40,055). Staff is seeking direction with respect to filling the position appointment at this time. If City Council selects to proceed with the position appointment, staff would also be recommending that the Recreation Supervisor position be terminated effective January 19, 1996. ALTERNATIVES: 1. Appoint Thomas Herbst to fill the Assistant Facility IV ianager/Recreation Programmer position at Step 1 of the 1996 Pay Schedule effective January 22, 1996 and that the position classification be identified as exempt. 2. Appoint Mark McQuillan to fill the Assistant Facility Manager/Recreation Programmer position at Step 1 of the 1996 Pay Schedule effective January 22, 1996 and that the position classification be identified as exempt. 3. Appoint Mark McQuillan to fill the Assistant Facility Manager/Recreation Programmer position at a pay step level to be determined by City Council effective January 22, 1996 and that the position classification be identified as exempt. 4. Direct the City Administrator to take the steps necessary to eliminate the Recreation Supervisor position. 5. Select a different candidate to fill the Assistant Facility Manager/Recreation Programmer position effective January 22, 1996. 6. Table action pending further information from staff ACTION REQUESTED: Provide staff with direction as deemed appropriate. MOTION TO CITY COUNCIL I MOVE THAT CITY STAFF BE DIRECTED TO TAKE THE FOLLOWING ACTIONS WITH REGARD TO THE FOLLOWING CITY EMPLOYEE POSITIONS AND PERSONNEL. 1 . THE POSITION AND TITLE OF RECREATION SUPERVISOR IS TO BE ELIMINATED. 2 . THE POSITION OF PARKS AND RECREATION DIRECTOR IS TO BE ESTABLISHED. - POSITION TO BE FILLED BY MARK MCQUILLAN. - POSITION POINTS TO BE 87 . - POSITION IS EXEMPT STATUS (8%) . - REPORTS TO CITY ADMINISTRATOR. - PAY SCALE SHALL BE STEP 2 OF POSITION CLASSIFICATION. - FOLLOWING SATISFACTORY COMPLETION OF 6 MONTH PROBATIONARY PERIOD WILL RECEIVE STEP INCREASE TO STEP 3 . 3 . THE POSITION OF RECREATION SUPERINTENDENT SHALL BE RENAMED RECREATION FACILITIES MANAGER, ASSISTANT PARKS / RECREATION DIRECTOR. - POSITION TO BE FILLED BY RON STELLMAKER. - POSITION POINTS REMAIN 87 . - POSITION IS EXEMPT STATUS (6%) . - REPORTS TO PARKS / RECREATION DIRECTOR. - PAY SCALE WILL REMAIN THAT WHICH HE IS NOW RECEIVING. 4 . APPROPRIATE JOB DESCRIPTIONS FOR ABOVE POSITIONS WILL BE DEVELOPED BY STAFF ALONG WITH ORGANIZATION CHARTS AND A MISSION AND FUNCTIONS MANUAL TO BE SUBMITTED FOR APPROVAL TO CITY COUNCIL WITHIN 30 DAYS. 5 . THESE CHANGES ARE TO BE EFFECTIVE IMMEDIATELY . MEMO TO: Honorable Mayor and Council / )...Ct—.0 FROM: Judith S. Cox, City Clerk RE: 1996 Fee Schedule Amendment DATE: February 23, 1996 INTRODUCTION: City Council is asked to consider amending the 1996 Fee Schedule for city licenses, permits, etc. BACKGROUND: On December 5, 1995, the City Council adopted the 1996 fee schedule for licenses, permits, services and documents. Included in the fee schedule is the planning information and document fees which includes the cost for copies of the Comprehensive Plan- $50.00. This fee needs to be increased to $100.00 to cover the costs for duplicating and assembling. It was recommended at that time to be increased, but due to an oversight was not corrected in the resolution as drafted. RECOMMENDED ACTION: Offer Resolution No. 4403, Amending Resolution No. 4365, A Resolution Setting Fees for City Licenses, Permits, Services and Documents, and move its adoption. RESOLUTION NO. 4 4 0 3 A RESOLUTION AMENDING RESOLUTION NO. 4365, A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year; and WHEREAS, changing conditions and circumstances warrant amending the Fee Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That Resolution No. 4365,the 1996 Fee Schedule, is hereby amended on page 18 as following: 1. Comprehensive Plan $5-0:00 $100.00 ' Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Precinct Boundaries DATE: February 29, 1996 INTRODUCTION: Attached is Ordinance No. 448 and Resolution No. 4407 for Council consideration. BACKGROUND: On February 20th, City Council considered changing the number of precincts within the City of Shakopee to better accommodate the voters and to more evenly apportion the population of registered voters among precincts. City Council then directed staff to prepare the appropriate documents to implement these changes. Ordinance No. 448 divides Precinct 3 at Vierling Drive creating Precinct 7 lying South of Vierling Drive. The ordinance also divides Precinct 4 creating Precinct 8 which is bounded by Marschall Road, the Southerly Bypass and CR-16. Resolution No. 4407 designates the polling places for the two new precincts and redesignates the polling places for the other precincts. RECOMMENDED ACTION: 1. Offer Ordinance No. 448, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Administration and General Government, by Repealing Sec. 2.20, Precinct Boundaries, and Adopting One New Section in Lieu Thereof, Relating to the Same Subject, and move its adoption. 2. Offer Resolution No. 4407, A Resolution Designating Seven Polling Places for All Election Precincts In The City Of Shakopee, and move its adoption. b b b b b b b b b 00 �1 O\ IN .IP W N .... o r oo2' r = L 0 a• co C5* Ifli• I 0 Fail �..�� O. O 00 ? = �-` 'R�, '!"'"'ice _ ,•. \ T SOipp t :: .O1 =' ��s• P '! ' 1 N) ti 11`I �t O': lL ��p�'-11+ii���1�11 m A i 'J =11111 -�i11111i 11 :\ s� 1` 0 —.\ _�►.. i�4 Biu '''' C.. [ ---'4;1— Il.,1‘‘1*:101111 C 1.11111-50,A4111 illIsitlail01, 12. 14 .... • -�) . E. w T 0 I A iiip i -o `0,.---.....4: -"- iiik i L ...h I• 1/. ,� 'j,�ia `,.. • IF ....".ii in r I ,,m,p,,. k .) „ ,,, le, -0-ri. k I -a 01 it S 1 -P I v-, ) I 00 4 . + ri 1 CA Ail 71 ( Pi • Ile /) CD /V & . a 111 I j IF Z M • -o a z I 0 " - ) i• 0 Fri P1 ....P V 11 1:1-11.1DCUW 1 11 7 .Eigaf-unnw a.- 03,_, „,, i - E11 V i, 1 , /moi LIF 3 € D2iauirrl-• i, ���m 4tii `- PM �QJ1 .1.1 pan FA I”h << tCJI ril /_�U� L • o DJ I ,AGE Gt'`��/R 1 ill �.. .Ca J�.. �iiii GDRw11 Si. ■1 � -k snGc ;71.- ''..7.4..17 ,NE 1 7 ivv-, ..„„,4 Ctk.s---. **'.....] X '2.1.+1 ;T. 1T MARSCHALL RD. 3 ( pjipI lana 1 k-71 / .yue�I zT �TRECT = 1 ST. IRY13C1I I Si.I f ,I. \ _ no CVtFi I ST./ QntnllN i 4 lz v-r .• �� TRCCT VIKING STEEL' llll� ROAD CT - \ N ST. - i i. \‘ R L JnY(R IIII ��,\/�.. ��,•� \.-- lkill 7) ill ) / ( > CO > Z Cli .-.4(7/ r; zorttz .i o . I 411 , tli > I G.) Z z CO tt H 3 ro � u v CO I�3 til CT1 b 1 Lo RESOLUTION NO. 4407 A RESOLUTION DESIGNATING SEVEN POLLING PLACES FOR ALL ELECTION PRECINCTS IN THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that there shall be seven (7) polling places for eight election precincts in the City of Shakopee for the upcoming elections, and the pollingplaces are hereby designated as follows: First Precinct - Fire Hall 334 West 2nd Avenue Second Precinct - Shakopee Public Library 235 South Lewis Street Third Precinct - Presbyterian Church 909 Marschall Road Fourth Precinct - Thrift Shop Jct. C.R. 83 &C.R. 16 Fifth Precinct - Shakopee Community Youth Building 1121 West 11th Avenue(Lion's Park) Sixth Precinct - Thrift Shop Jct. C.R. 83 &C.R. 16 Seventh Precinct - Faith Lutheran Church 150 130th Street West Eighth Precinct - Calvary United Methodist Church 2488 Vierling Drive East BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 3646. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ORDINANCE NO. 448, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, BY REPEALING SEC. 2 . 20, PRECINCT BOUNDARIES. AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 2, Administration and General Government, is hereby amended by repealing Sec. 2 . 20, Precinct Boundaries, and adopting one new section in lieu thereof, which shall read as follows : SEC. 2 .20 . PRECINCT BOUNDARIES. Subd. 1. First Precinct. The First Precinct shall be bounded on the south by Tenth Avenue, on the west and north by the corporate City limits and on the east by a line running along Fuller Street to Levee Drive, thence east on Levee Drive to State Highway 169, thence north on Highway 169 to the corporate City limits . Subd. 2 . Second Precinct. The Second Precinct shall be bounded by a line on the south beginning at the intersection of 11th Avenue and Market Street, thence westerly along 11th Avenue to Spencer Street, thence north along Spencer Street (County Road 79 CR 79) to 10th Avenue, thence westerly along 10th Avenue to Fuller Street, thence north along on thc Wcct by Fuller Street to Levee Drive, thence east on Levee Drive to State Highway 169, thence north along Highway 169 to the corporate City limits, thence east along the northerly corporate limits of the City e€ Ehakopcc to the east corporate limits, thence south along said east corporate limits to the Minnesota River, thence easterly along the Minnesota River to where it intersects Market Street if extended north to the River, thence south along Market Street extended and Market Street to 11th Avenue. Subd. 3 . Third Precinct. The Third Precinct shall be bounded on the south by Vierling Drive thc City corporatc limits, on the east by Marschall Road to the northerly terminus thereof and thence continuing north along the bed of the meandering creek to the corporate City limits along the centerline of the Minnesota River, on the north by thcncc wcctcrly along the City corporate limits, and on the west by a line running along to intcrccct with Market Street and Market Street extended, thcncc South on Markct Ctrcct cxtcndcd and Markct Etrcct to 11th Avenue thence westerly along 11th Avenue to County Road 79, CR 79 thence southerly along County Road 79 CR 79 to Vierling Drive thc corporatc City limits. Subd. 4 . Fourth Precinct. The Fourth Precinct shall be bounded on the north and south by the corporate limits of the City-of - - Shakopee, _ - -- - - - - -- -- - thcrcof, thcnec eo rti ruing no thcrly along thc bcd of thc - mcandcring crcck to-the-no -_- __ _ _ -- and on the east by a line along the corporate City limits extending from its northerly terminus and proceeding south to County Road 18 CCAH -1$, thence southwesterly along County Road 18 CCAII 18 to State Highway 101 TII 101, thence southeasterly along State Highway 101 TH 101 to the easterly corporate City limits, thence southerly along the easterly corporate City limits to its southerly terminus. On the west the Fourth Precinct shall be bounded by a line along Marschall Road from the southerly City limits to the southerly bypass (future Highway 169) , east along the southerly bypass to County Road 16 , west along County Road 16 to its intersection with Marschall Road, then northerly along Marschall Road to the northerly terminus thereof, thence continuing northerly along the bed of the meandering creek to the northern corporate limits of the City of Shakopee along the centerline of the Minnesota River. Subd. 5 . Fifth Precinct. The Fifth Precinct shall be bounded on the east by County Road 79 (Spencer Street) , on the north by 10th Avenue, and on the west and south by the corporate City limits . Subd. 6 . Sixth Precinct. The Sixth Precinct shall be bounded on the east by the corporate City limits, on the north, west, and south by County Highway 18 CCAII 18 where it intersects with the easterly corporate City limits, thence southwesterly along County Highway 18 CCAII 18 to State Highway 101 TII 101, thence southeasterly along State Highway 101 TII 101 to the easterly corporate City limits. Subd. 7 . Seventh Precinct. The Seventh Precinct shall be bounded on the south by the City corporate limits, on the east by Marschall Road, on the north by Vierling Drive, and on the west by County Road 79 . Subd. 8 . Eighth Precinct. The Eighth Precinct shall be bounded on the east and north by County Road 16 , on west by Marschall Road, and on the south by the southerly bypass (future Highway 169) . Note : The ctrickcn language is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. -2- Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: -/// �/ --e/ City Attorney Published in the Shakopee Valley News on the day of , 1996 . [2 8MEMO] -3- / . Cl MEMO TO: Barry Stock, Acting Administrator FROM: Bruce Loney,Public Works Director • SUBJECT: Approval of Plans and Specifications for 17th Avenue and Sarazin Street Improvements Project No. 1996-1 DATE: March 4, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: Attached is Resolution No. 4414, a resolution approving plans and specifications and ordering advertisement for bids for 17th Avenue, from County State Aid Highway 17 to Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1. BACKGROUND: On December 5, 1995, City Council adopted Resolution No. 4357 which ordered the improvement of 17th Avenue and Sarazin Street and the preparation of plans and specifications for Project No. 1996-1. City Council authorized Orr-Schelen-Mayeron & Assoc. (OSM)to prepare the plans for the City and the plans are now available in the City Engineer's office for Council review. This project was petitioned for by the developer of the St. Francis Regional Medical Campus (SFRMC) and includes street and storm sewer on 17th Avenue, from CSAH 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue. Trunk watermain extension is also being provided on Sarazin Street to the intersection of Sarazin Street and St. Francis Avenue to serve future development property adjacent to the SFRMC site. Another improvement with this project is the construction of a storm sewer outlet from the detention pond on the SFRMC northwest corner site to the Mn/DOT linear pond south of the Shakopee Bypass. Both 17th Avenue and Sarazin Street are collector streets in the City's Transportation Plan within the City's Comprehensive Plan. 17th Avenue is being constructed to a 4-lane design with turn lanes at CSAH 17 to accommodate potential future traffic of the adjacent commercial property north of the SFRMC site. Sarazin Street is being constructed to a 44 foot width as determined at the February 6, 1996 Council meeting to comply with the existing City Ordinance for collector streets. Both of these collector streets will have a bike trail and sidewalk along each of the roadways as per the City Sidewalk and Trail Policies. City staff will make a brief presentation on the plans and overall design at the Council meeting. 1 Staff is in the process of acquiring the right-of-way for this project and right-of-way acquisition is needed from two adjacent property owners. Staff is waiting from proposal offers from the property owners and will bring them to Council for their consideration as soon as they are available. The main impetus for this project is to provide a street system for the new St. Francis Hospital currently under construction and the long term care facility which will be under construction soon. The anticipated completion date for the hospital to be open is June 30, 1996. Staff is planning on opening bids before the April 16, 1996 Council meeting and will be asking Council to perhaps award bid at that meeting in order to keep this project on schedule for the June 30, 1996 hospital opening. ALTERNATIVES: 1. Adopt Resolution No. 4414. 2. Deny Resolution No. 4414. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4414, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1 and move its adoption. BL/pmp MEM4414 RESOLUTION NO. 4414 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For 17th Avenue, From County State Aid Highway 17 To Sarazin Street And Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1 WHEREAS, pursuant to Resolution No. 4357 adopted by City Council on December 5, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the construction of a street, curb & gutter, storm sewer, watermain, sidewalk and appurtenant work; and the construction of a storm sewer outlet from the detention pond on the St. Francis Hospital site to the Mn/DOT linear pond for 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney i2 ) MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director AL., SUBJECT: Vierling Drive, from C.R. 79 to C.R. 77 Project No. 1995-6 DATE: March 4, 1996 MEETING DATE: March 12, 1996 INTRODUCTION: Attached is Resolution No. 4396, which accepts the bids and awards the contract for Project No. 1995-6,Vierling Drive from County Road(C.R.) 79 to C.R. 77. BACKGROUND: On January 16, 1996, the City Council of Shakopee ordered the advertisement for bids on the Vierling Drive Project No. 1995-6. This project consists of constructing a State Aid street from C.R. 79 to C.R. 77 and is adjacent to the Meadows West plat and School District property. Funding of this project is combination of special assessments and State Aid Funds. On February 20, 1996 sealed bids were received and publicly opened for this project. A total of six bids were received and are summarized in the attached resolution. The low bid was submitted by F.M. Frattalone of St. Paul, MN with a low bid of a base bid plus Alternate B of $514,700.00 and also was the low bidder with a base bid plus Alternate A of$527,660.00. The engineer's estimate for this project was approximately $500,000.00. The feasibility cost estimate for the construction of Vierling Drive improvements was $416,101.37 with a total project cost estimate including engineering and administration costs of$520,126.71. In the feasibility study, the local 36 foot street equivalent was proposed to be assessed with the box culvert, sidewalk and storm sewer within Meadows West, 100% to the developer. The other property in the project assessment area is the School District. This bid received on February 20, 1996 is a rebid of the project from September 19, 1995. Vierling Drive, Project No. 1995-6 had a low bid received on September 19, 1995 from Richard Knutson, Inc. of $594,887.50. The developer who signed a waiver of public hearing notice for assessment appeal and petitioned for the project requested that the Council reject the bids and rebid over the winter months for a spring completion. In this bid, staff separated the bid into three categories which were for a base bid, Alternate A and Alternate B. The base bids are all the contract bid items for the street, sidewalk, storm sewer and all work other than the box culvert for the Upper Valley Drainage (U.V.D.) ditch crossing. Alternate A is the concrete box culvert with concrete cast in-place headwalls similar to the design used on Sarazin Street. Alternate B is a concrete box culvert with precast concrete box culvert end sections at a 4:1 slope similar to end sections on C.R. 79 but with a flatter slope. The low bid received from F.M. Frattalone of the base bid plus Alternate A is as mentioned previously, $527,660.00 and the base bid plus Alternate B is $514,700.00. These bids are $70,000 - $85,000 less expensive than the bids received on September 19, 1995. Staff has checked references on F.M. Frattalone and they are a responsible contractor that staff is recommending for approval for this project. The main question is whether to award the contract using Alternate A, the cast inplace headwalls or Alternate B, the precast concrete box culvert end sections. In the initial bid opening on September 19, 1995, the design for the concrete box culvert was to utilize the cast in-place concrete headwalls as included in Alternate A. This is the preferred design by staff as the cast in-place headwalls can be made to fit the adjoining slopes and give the box culvert structure a more complete and finished appearance in the U.V.D. Alternate B, the precast concrete box culvert end section design was included in order to provide competition in the bid process in order to obtain a lower cost for the cast in-place concrete headwalls. In the bids received on February 20, 1996, the difference between Alternate A and Alternate B from the various contractors are as follows: Difference Between Contractor Alternate A and Alternate B F.M. Frattalone $12,960.00 Midwest Asphalt $50,554.20 Ryan Contracting $36,920.00 Richard Knutson $40,212.30 Hardrives $29,826.00 GMH $ 7,146.00 The developer,Novak Fleck has recently told staff that they have received payment from Mn/DOT for a box culvert crossing in the amount of $92,977.50, the amount that was listed in the feasibility study. As mentioned previously in memos of last year, Novak Fleck was also paid for the land to construct the UVD ditch by Mn/DOT and the City did construct the UVD ditch utilizing Tax Increment Funds and Mn/DOT Funds. The City did approve a policy in regard to box culvert assessments last year in which the City would pay the additional length of box culvert necessary for street oversizing when the box culvert is constructed to cross the UVD. The local street equivalent cost of the box culvert and headwall/end section and rip rap treatment will be borne by the developer as per the adopted Assessment Policy. In addition to awarding a contract to the low bidder, F.M. Frattalone, City staff will need to authorize Orr-Schelen-Mayeron& Assoc. to provide structural engineering services for the box culvert shop drawing review as this requires a structural engineer which is beyond staffs expertise. If the Council awards the project, staff is also requesting that City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustments that may occur on this project. Prior to awarding the bid, the City of Shakopee is required to receive Mn/DOT State Aid approval of the plans in order to utilize State Aid Funds on the project. The City has received State Aid approval on March 4, 1996. ALTERNATIVES: 1. Accept the low bid of the base bid and Alternate A (cast in-place concrete headwalls and concrete box culvert) and adopt Resolution No. 4396, awarding the contract to F.M. Frattalone. 2. Accept the low bid of the base bid and Alternate B (precast concrete box culvert end sections and concrete box culvert) and adopt Resolution No. 4396, awarding the contract to F.M. Frattalone. 3. Reject the low bid and award the bid to another bidder. 4. Reject all bids and rebid. 5. Authorize the appropriate City officials to execute the authorization letter from OSM to provide structural construction services on the concrete box culvert. 6. Do not authorize structural construction services with OSM but with another firm. RECOMMENDATION: Staff believes this is a Council policy decision on awarding the bid with Alternate A or Alternate B. Alternate A is a more aesthetic design for an urban setting, however, precast end sections exist on C.R. 79 and C.R. 77. The additional cost of$12,960.00 would be borne by the developer, not the City. Resolution No. 4396 has the Alternate A bid amount listed. If Council elects to use Alternate B (precast end sections) the resolution should be adopted with amending the bid amount to reflect Alternate B. Alternative No. 5 is also recommended, to utilize OSM for structural construction services as this company designed the concrete box culvert. ACTION REQUESTED: 1. Offer Resolution No. 4396, A Resolution Accepting Bids on Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. 2. Approve a contingency in the amount of 10% for use by the City Engineer in authorizing change orders or quantity adjustments on the project. 3. Authorize the appropriate City officials to execute the authorization letter from On- Schelen-Mayeron& Assoc. to provide structural construction services on the concrete box culvert. BL/pmp MEM4396 USA Orr Schelen Mayeron& Associates,Inc. February 6, 1996 300 Park Place East 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5773 Engineers Architects Mr. Bruce Loney, P.E. Planners Surveyors Public Works Director City of Shakopee 129 South Holmes Street Shakopee, Mn 55379 Re: Vierling Drive Box Culvert City of Shakopee Project No. 1995-6 OSM Project No. 5678.00 Dear Bruce: As we have discussed over the last several weeks, OSM has incurred costs for work done beyond the original scope of services for the above referenced project. The original proposal was for design, plan preparation, and shop drawing review for cast-in-place concrete headwalls. This work was authorized on July 18, 1995. Due to higher than expected bids on the project, bids for the project were rejected by the City. On December 19, 1995, you authorized us to prepare drawings for a pre-cast headwall alternative. We proceeded under the original agreement in the interest of time. The execution of the work authorized December 19, 1995, has caused OSM to exceed the authorized amount of $4,000.00. Copies of both authorization letters are attached for your review. The original scope of services included shop drawing review and field visits as necessary for the completion of the project. Due to the preparation of the pre-cast alternative authorized on December 19, 1995, our budget does not allow for completing the shop drawing review and field visits included in the original scope of services. Time required for field visits and shop drawing review will be dependent on the headwall alternate chosen. In lieu of this, we propose a cost-plus arrangement to expedite the remaining work in the original scope of services. A cost-plus arrangement is consistent with the terms now utilized for construction services. The City of Shakopee is a valued client, and we appreciate the opportunity to work with you on this project. We view this discussion as an opportunity for continued service to the City of Shakopee for this project. Equal Opportunity Employer Mr. Bruce Loney Page 2 City of Shakopee February 6, 1996 Please call me at 595-5676 to discuss any questions that you may have regarding this matter. We look forward to your favorable consideration. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. - 7444--bliA/741,444/U Michael L. Hemstad, P.E. Mayor Project Manager Ofressdr c, 140,-‘ Robert C. Kilgore City Administrator Vice-President City Clerk Dated: Enclosures c: David D. Mitchell, PE - OSM File h:\civil\ddm\020696.b1 RESOLUTION NO. 4396 A Resolution Accepting Bids On Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, pursuant to an advertisement for bids for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6, bids were received, opened and tabulated according to law,and the following bids were received complying with the advertisement: F.M.Frattalone $527,660.00 GMH $567,035.25 Hardrives $579,730.93 Ryan Contracting $580,249.75 Richard Knutson $584,816.13 Midwest Asphalt $590,015.70 AND WHEREAS, it appears that F.M. Frattalone Excavating & Grading, Inc., 3066 Spruce Street, St.Paul,MN 55117 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with F.M. Frattalone Excavating & Grading, Inc. in the name of the City of Shakopee for Vierling Drive, from County Road 79 to County Road 77 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /z MEMO TO: Dennis K Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Community Recreation Center Summer Programs-Non-Resident Fees- Resolution No. 4408 DATE: February 27, 1996 INTRODUCTION: The Shakopee Park&Recreation Advisory Board is recommending to City Council that non-resident fees for spring and summer programs offered at the Community Recreation Center be waived. BACKGROUND: Over the course of the last two months, staff has been evaluating options to increase program revenue at the Community Recreation Center. Currently the 1996 fee schedule provides that a non-resident fee in the amount of$21.00 be assessed for all recreation programs. In conjunction with the operation of the Community Recreation Center we have included space for specific programs and activities. Most notably, ice skating lessons, wrestling, gymnastics and Community Recreation Center offered athletic camps. Each of these programs tend to be somewhat specialized and run year round. In order to generate as much revenue as possible in these programs and ultimately improve the operating budget for the Community Recreation Center as a whole, the Shakopee Park &Recreation Advisory Board is proposing that no non-resident fees be charged for these programs during the spring and summer months(April through August). The elimination of non-resident fees for the aforementioned programs will allow us to promote these programs to a wider service area where the services are not being provided or are being provided on a much more limited scale as compared to what we can offer at the Community Recreation Center. Furthermore, since these programs tend to require specialized facilities and equipment,we may be able to justify higher program fees for their participants once we establish a regular participant base. The Shakopee Park &Recreation Advisory Board requested staff to evaluate a more permanent solution of dealing with non-resident rates for Community Recreation Center programs and activities. At the present time,we do have an agreement with Jackson Township whereby non-resident fees are being waived at the time of program registration and being picked up by the Jackson Town Board on an annual basis. The impact of a change in the fee schedule methodology for non-residents will be analyzed between now and September. The Park&Recreation Advisory Board and staff will be reviewing options that will meet the needs of our residents and also increase the cost effectiveness of our programs. The Park &Recreation Advisory Board does not believe that the waiver of the non-resident fee for the aforementioned programs during the spring and summer months will himplimiting The PrRecreation Advisoryave any Board believes acton that the proposeaccessford courseShakopee of actionresidents.will maximaikze&the use of the space in the facility that we have constructed. Furthermore,the proposed course of action will increase participation in each of these programs and ultimately serve to improve the operating cash flow for the entire facility. Attached is Resolution No. 4408, amending the 1996 fee schedule as recommended by the Park &Recreation Advisory Board. ALTERNATIVES: 1. Offer Resolution#4408, A Resolution Amending Resolution#4365,Adopting the 1996 Fee Schedule Thereby Waiving Non-Resident Fees For Community Recreation Center Offered Programs Between The Months Of April Through August. 2. Establish a fee structure whereby non-residents wishing to access ice skating programs, wrestling programs, gymnastics programs and Community Recreation Center offered athletic camps would pay an$11.00 non-resident activity fee per program. 3. Establish a fee schedule whereby non-residents who have purchased an individual or family pass have access to ice skating programs,wrestling programs, gymnastics programs and Community Recreation Center offered athletic camps at Shakopee resident rates. 4. Set up some other structure for non-residents wishing to access that aforementioned programs. 5. Maintain the status quo. 6. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution#4408,A Resolution Amending Resolution#4365, Adopting the 1996 Fee Schedule Thereby Waiving Non-Resident Fees For Community Recreation Center Offered Programs Between The Months Of April Through August. BAS/tiv- Tami/Word/Admin/Fee2 Attachment#1 RESOLUTION NO. 4408 A RESOLUTION AMENDING RESOLUTION NO. 4365 ADOPTING THE 1996 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1996 Fee Schedule is hereby amended by adding the following: Non Resident Fees for Community Center offered programs between the months of April and August shall be waived. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 12th day of March, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney