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HomeMy WebLinkAbout06/15/1993 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: June 11, 1993 1 . Attached are the May 11th and 19th, 1993 minutes of the Board of Review meetings . 2 . Attached is the Building Activity Report for May 1993 . 3 . Attached is the monthly progress report from CertainTeed regarding the odor issue at the Shakopee facility. 4 . Attached is correspondence from the Chaska Chief of Police regarding the Chaska Community Center' s effect on the juvenile population in Chaska. 5 . Attached is a memorandum from the City Attorney regarding the summer intern. 6 . Attached is a memorandum from the Assistant City Administrator regarding the fire station - site selection process . 7 . Attached is correspondence from Governor' s Director of Appointments and Constituent Services regarding a notice of meeting date for the Metropolitan Council candidates . 8 . Attached is a memorandum from the Assistant City Administrator regarding securing the property located at 2043 Eaglewood Drive . 9 . Attached are the minutes of the June 3 , 1993 Planning Commission and Board of Adjustments & Appeals meetings . 10 . Attached is correspondence to Mayor Laurent from Mel Lebens regarding the community center. 11 . Attached are the May 3, 1993 minutes of the Shakopee Public Utilities Commission. 12 . Attached please find the revised copy of Page 14 of the Special Assessment Policy. Please remove the existing Page 14 from your policy and replace it with this new page . 13 . Attached is the Police Newsletter for Council review. 14 . Attached are the June 1, 1993 minutes of the Shakopee Civil Service Commission. 15 . Attached is a memorandum from the City Attorney regarding court appearances. 16 . Attached is a memorandum from the City Planner regarding Major North-South Street Characteristics Map Alternative Land Use Strategies . 17 . Attached is the Revenue and Expenditure reports as of 5/31/93 . 18 . Attached is a memorandum from the Police Chief regarding a street closing for St . Mary' s Church. I BOARD OF REVIEW REGULAR SESSION SHAKOPEE, MINNESOTA MAY 11, 1993 The meeting was called to order by 1992 Chrmn. Robert Sweeney at 7 : 05 PM, with Comm. Steve Clay, Eldon Reinke, Richard Marks and Michael Beard. Also present : Robert Schmitt, Senior Appraiser from the Scott County Assessor' s Office, and Judith S . Cox, City Clerk. Marks/Reinke moved to nominate Robert Sweeney as chairman for the 1993 Shakopee Board of Review. Motion carried unanimously. Robert Schmitt explained the purpose of the Shakopee Board of Review stating it is the function of this Board to review the market value and the classifications placed upon the parcels in question by the Scott County Assessor' s office. Mr. Schmitt also gave a summary on how the 1993 assessments had been calculated for the City of Shakopee. Chrmn. Sweeney stated that he has received a list of property owners wishing to have their assessed valuation reviewed. He stated that these individuals have been placed upon the agenda and would be considered prior to those not currently on the agenda. The parcel to be reviewed is that of Beverly Koehnen, Parcel #27-916009-0 . This property is located at 2036 County Road #83 . The property is agricultural homestead and the total assessed value for 1993 is $166, 100 . Beverly Koehnen stated that since 1991 she' s had in increase of $16, 200 . She stated her assessment should be less because of the gravel pit and the casino along CR-83 . She also stated that she did not have a finished basement as was stated by Mr. Schmitt . Mr. Schmitt stated that he would set up an appointment with Ms . Koehnen to go out to her home and assess it . Mr. Marks stated that he believes there are problems with the traffic and the gravel pit and would like to see something addressed for properties along CR-83 . Mr. Schmitt explained that he uses a 10% adjustment for properties on 10th Avenue and those abutting the railroad tracks. Marks/Clay moved to apply a ten percent diminution to the structure, but not to the land for properties abutting CR-83 South of CR-16 and North of CR-42 . Motion carried unanimously. Mr. Schmitt stated the parcel to be reviewed is that of Ralph O. Goode, Parcel #27-924003-0 . This property is located north of Muhlenhardt Road and State Highway 18 . The total assessed value for 1993 is $68, 800 . a Official Proceedings of the May 11, 1993 Board of Review Page -2- Ralph Goode commented on his taxes, but was informed by Chrmn. Sweeney that the Board of Review had nothing to do with taxes . Ralph Goode commented that he did not feel the 40 acre parcel for determining agricultural property was a fair number. He stated his land would not sell at this assessed amount because it would be difficult to develop. He also commented on the ditch in his front yard that has not been completed and he wanted to know what he could have done about that . Discussion was held on the valuation. Clay/Marks moved to concur with the assessor' s valuation of Mr. Goode' s property. Motion carried with Comm. Beard dissenting. Mr. Schmitt stated the parcel to be reviewed is that of Daniel Cheever, Parcel #27-043004-0 . This property is located at 9040 13th East . The total assessed value for 1993 is $69, 100 . Mr. Schmitt stated that the junk yard did have an effect on the valuation and was reduced. Daniel Cheever stated that he had the house appraised two years ago and that came to $62 , 900 . He felt that with the junk yard and the mobile home park in this vicinity was a decrease to property value and he does not have City water, sewer or mail service. Discussion was held on the valuation. Reinke/Clay moved to reduce the valuation of the structure leaving the land value at $16 , 000, but reducing the total value to $62 , 000 . Marks/Beard moved to amend the motion to reduce the value of the land to $6, 000 and valuing the building such that the total is reduced to $62, 000 . Motion carried unanimously on the amendment . Motion carried unanimously on the motion as amended. Mr. Schmitt stated the parcel to be reviewed is that of Robert Mintz, Parcel #27-050003-0 . The property is located at 3560 Marschall Road. The total assessed value for 1993 is $83 , 500 . Mr. Schmitt stated that the Mintz' s were not present . Clay/Marks moved to concur with the assessor' s valuation on the Robert Mintz property. Motion carried unanimously. Mr. Schmitt stated the parcel to be reviewed is that of Allen Fournier, Parcel #27-051013-0 . The property is located at 201 Mulberry Circle . The total assessed value for 1993 is $171, 300 . Official Proceedings of the May 11, 1993 Board of Review Page -3- Chrmn. Sweeney asked if the Fournier' s were present . They were not . Discussion was held on the valuation. Marks/Reinke moved to concur with the assessor' s valuation on the Allen Fournier property. Motion carried unanimously. Mr. Schmitt stated that parcel to be reviewed is that of Curtis Olson, Parcel #27-058018-0 . The property is located at 620 McDevitt Street . The total assessed value for 1993 is $109, 000 . Mr. Schmitt stated the Olson' s were not present . Beard/Marks moved to concur with the assessor' s valuation on the Curtis Olson property. Motion carried unanimously. Mr. Schmitt stated the parcel to be reviewed is that of Plat of Condominium #1015, Parcel #27-151001 to 27-151004 . The total assessed value for 1993 is $71, 300 per unit . Chris Anderson, 1444 Maras Street, stated that his valuation should be decreased since the property is not worth the estimate and he is not able to have retail sales on this property as he wanted and also stated that his street was not paved and he did not have curb and gutter. Mr. Anderson showed a VCR tape comparing his property to a similar property in other communities . Discussion was held on the valuation. Beard/Clay moved that the land be valued at $5, 000 per unit and the structures at $53 , 000 per unit for a total of $58, 000 per unit . Motion carried with Chrmn. Sweeney dissenting. Mr. Schmitt stated the property to be reviewed was that of John Brambilla, Parcel #27-001034-0 . The property is located at 203 E. 1st Avenue. Mr. Schmitt stated that Mr. Brambilla appeared, but had no request relative to this property. Reinke/Marks moved to concur with the assessor' s valuation for parcel 27-001034-0 . Motion carried unanimously. Chrmn. Sweeney recessed the Board of Review for a short break. Chrmn. Sweeney reconvened the Board of Review at 9 :30 PM. Official Proceedings of the May 11, 1993 Board of Review Page -4- Mr. Schmitt stated the property to be reviewed was that of Wallace Bastian Property, located at 409 E. Shakopee Avenue (27-906106-0) . The total valuation for 1993 is $75, 200 . Chrmn. Sweeney asked if the Bastian' s were present . They were not . Discussion was held on the valuation. Reinke/Beard moved to decrease the valuation to the 1992 value of $68 , 200 . Further discussion was held on the motion. Motion carried unanimously. Clay/Beard moved to decrease the valuation of all duplexes that were increased in value from 1992 to 1993 back to the 1992 valuation. Comm. Reinke and Chrmn. Sweeney abstained from this vote since they are property owners and there would be a conflict of interest . Motion carried with Comm. Reinke and Chrmn. Sweeney abstaining. Mr. Schmitt stated the property to be reviewed was that of Wallace Bastian, located at 869 Spencer Street (27-906107-0) . The valuation for 1993 is $78, 700 . Chrmn. Sweeney asked if the Bastian' s were present . They were not . Discussion was held on the valuation. Clay/Marks moved to concur with the assessor' s valuation on parcel #27-906107-0 . Motion carried unanimously. Members of the audience who had not returned a card to the assessor were invited to speak. Clete Link addressed the Board regarding a warehouse he built at the lumber yard last year, parcel #27-015014-0 . Chrmn. Sweeney suggested that since the Board did not have a background on this item, that it should be tabled. Cletus Link stated that he thought the value should be $43, 850, which was the cost to build the building. Reinke/Beard moved to table the Clete Link property to a date to be determined. Motion carried with Comm. Clay and Beard dissenting. Official Proceedings of the May 11, 1993 Board of Review Page -5- Mr. Schmitt stated the property to be reviewed was that of John Brambilla, Parcel #27-055005-1 . The property is located at 550 Valley Park Drive. The valuation for 1993 is $1, 479, 300 . Discussion followed. Mr. Schmitt stated that the valuation placed on the structure is based on what the Marschall & Swift valuation manual shows it should cost in this area. The valuation placed on the site ($223 , 900) is similar to sites in the industrial park area similar in size, not the value Jack actually paid for the parcel . Mr. Brambilla explained the process he went through to acquire the site and that the cost increased from $0 . 65/sq. ft . to $0 . 90/sq. ft . over 14 months . He said that the value on the building should be less, that it doesn' t have a ceiling and that it was built cheaply. He said that he has a sworn statement that he has $802, 000 into the building which includes the hoist at $56, 000 . He said that he has an appraisal from a firm in Prior Lake, that was done for the bank, in the amount of $805, 000 for the building and $250, 000 for the land. He acknowledged that he over paid for the land. Discussion followed. Beard moved to value the land at $250, 000 and the structure at $805, 000 for a total value of $1, 055, 000 . Motion failed for lack of a second. Mr. Brambilla elaborated on the final cost of the site and the restrictions placed on the site by the City Council . He stated that he feels that the site should be valued at the appraised value not the $400, 000 he paid for it . Discussion continued. Mr. Clay suggested placing the valuation on the land at cost to Mr. Brambilla and on the building at cost minus the cost for the hoist ($400, 000 +802, 000 -$56, 000 = $1, 146, 000) . Mr. Reinke stated that he concurred with Mr. Clay' s suggestion which would be treating the land and the building consistently. In both cases the value would be set at the costs paid by Mr. Brambilla. Michelle Brambilla commented that the City wanted them to buy the land next to Valleyfair and was going to give them tax increment financing and it was for twice as much money; and, that someone said to let them go where they want to go. She said why condemn them for the land that they got, this is where the City told them to go. Mr. Sweeney stated that this is irrelevant to the issue of valuing this property. Marks/Clay moved that the value of the building be $745, 000 and the land be $400, 000 for a total of $1, 146, 000 . Motion carried unanimously. Official Proceedings of the May 11, 1993 Board of Review Page -6- Beard/Reinke moved to continue the Board of Review to May 19, 1993 at 8 : 00 PM. Motion carried unanimously. Beard/Reinke moved to adjourn to May 19, 1993 at 8 : 00 PM. Motion carried unanimously. Meeting adjourned at 10 :35 PM. ()/?C J ith S . Cox Ci y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF BOARD OF REVIEW ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 19, 1993 Chairman Robert Sweeney called the meeting to order at 8 : 00 p.m. with Board Members Dick Marks, Eldon Reinke, Steve Clay and Mike Beard present. Also present: Bob Schmitt, Senior Appraisor from the Scott County Assesser's Office, and Judith S. Cox, City Clerk. Mr. Schmitt explained the construction of the lumber building located at 1440 W. 3rd Avenue situated on parcel #27-015014-0. He stated that his valuation on the building was taken from cost figures listed in Marschall & Swift's valuation manual for an Average Class "C" concrete block storage building in the amount of $69, 500. Mr. Cletus Link provided Commissioners with a certified statement of costs for the building totalling $43 , 851. 44 . Mr. Link explained why he thought the building value should be reduced. Discussion followed on the type of construction and the cost of the blocks used for the building. Marks/Beard moved that a value of $50, 000. 00 be placed on the lumber building on parcel #27-015014-0. Motion carried unanimously. Mr. Schmitt stated that he went out and viewed Ms. Koehnen's property (parcel #27-916009-0) . He explained what he saw and recommended reducing the value from $166, 100 to $143 , 300. Ms. Koehnen was present but had no comments. Clay/Marks moved to concur with the assessor' s value, upon re- inspection, in the amount of $143 , 300. 00 for parcel #27-916009-0. Motion carried unanimously. Beard/Reinke moved that the findings of the Board of Review be approved and sent to the County Auditor for certification. Motion carried unanimously. Chairman Sweeney thanked the members of the Board of Review. Chairman Sweeney adjourned the meeting at 8 : 34 p.m. Judith S. Co C.ty Clerk Recording Secretary d- CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MAY 1993 May 1993 May 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 11 56 4 , 667,416 6 49 3 , 971, 362 Single Family-Septic 3 10 1, 088 , 158 5 587 ,930 Multiple Dwellings 2 11 1, 543 , 322 - 7 718, 548 (# Units) (YTD Units) (4) (26) - (-) (14) Dwelling Additions 16 30 169 ,738 11 30 165, 315 Other 2 3 10, 000 1 3 4, 800 New Comm. Bldgs - 1 225, 000 - 1 85, 000 Comm. Bldg. Addns. 1 3 159 ,750 1 1 80,000 New Industrial-Sewered - - - - Ind. Sewered Addns. 1 1 2 , 549 , 300 - - -- New Industrial-Septic - - - - - - Ind. Septic Addns. - - - Accessory/Garages 5 16 321,722 1 6 64, 558 Signs & Fences 16 39 47 , 668 7 25 52 , 021 Fireplaces/Wood Stoves - 2 3 ,700 15 160 Grading/Foundation - 1 2 , 500 -- 1 5� Moving - Razing 1 6 70, 313 1 3 47 , 213 Remodeling (Res. ) 1 11 61, 977 4 16 44,958 Remodeling (Comm/Ind. ) 6 27 1, 901, 220 1 18 1, 296, 100 TOTAL 65 217 12 , 821, 784 33 165 7, 132, 965 No. YTD. No. YTD. Electrical 62 251 39 169 Plumbing & Heating 75 269 42 213 Total dwelling units in City after completion of all construction permitted to date 4 , 884 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MAY, 1993 9940 Kenneth Schroers 605 W. 6th Avenue Fence 350 9941 Lewis Gade 720 Jefferson Deck 2, 340 9942 David Schmitt Const. Shakopee Town Square Remodel 1, 500 9943 Void 9944 John Aarstad 430 E. 4th Avenue Addition 26, 000 9945 Mike Sensibaugh 1948 W. 12th Avenue Fence 550 9946 Fred Hein 8678 Boiling Springs Ln. House 100, 089 S 13 T 115 R 22 9947 Laurent Builders 1161 Polk Street House 63, 000 L 5 B 3 , Minn. Valley 7th 9948 C. I. Realty, Inc. 1495-1499 Roundhouse Cir Twinhome 103, 369 L 2 B 1, Eagle Creek Junction 3rd 9949 Jeffrey Solberg 8569 McGuire Circle Deck 1, 848 9950 Douglas Sorenson 438 W. 2nd Avenue Fence 1, 050 9951 Richard Fischer 701 C. R. 83 Remodel 2, 000 9952 Tamara Grunst 574 E. 5th Avenue Deck 1, 000 9953 C. I . Realty 1552-1556 Roundhouse Cir Twinhome 105, 036 L 14 B 2, Eagle Creek Junction 3rd 9954 Adolfson & Peterson 3900 Highway 101 Addition 2, 549, 300 9955 North Star Services 2032 Eaglewood Circle Remodel 8, 000 9956 Eric Stack 907 S. Fuller Fence 828 9957 Detail Home Bldrs. 1147 Heritage Drive E. House 105, 651 L 2 B 3 , Heritage Place 3rd 9958 Ronald Weinzierl 1005 S. Naumkeag Garage 13, 312 9959 Kuechle Const. Tahpah Park Addition 81, 000 9960 Thomas Hagaman 1101 Minnesota Street Garage 3 , 520 9961 Patricia Fritz 420 E. Shakopee Avenue Fence 1,700 9962 Mark of Excellence 1118 Prairie Court House 124, 192 L 5 B 2 , Prairie Estates 1st 9963 Cynthia Busch 1816 Granite Drive Deck 1, 200 9964 Duane Ferguson 1513 C. R. 18 Sign 1, 400 9965 Detail Home Bldrs. 1228 Heritage Drive E. House 90,784 L 3 B 2, Heritage Place 3rd 9966 Robert Kennett 1208 Vierling Ct. Deck 840 9967 Griffin Service 1st & Holmes Tank Removal 1, 500 9968 Tom Quinn 537 Sommerville Street Fence 300 9969 John DeLacey 605 Lewis Street Demo 200 9970 Troy Scott 1420 Prairie Lane Deck 500 9971 Glenn Zacharias 8990 Maras Street Fence 1, 500 9972 John Perry 124 S. Lewis Street Signs 970 9973 Michael Menke 1760 E. 4th Avenue Deck 5, 000 9974 Michael Menke 1825 E. Shakopee Ave. Addition 40, 000 9975 Pamela VanderGriend 112 S. Holmes Street Remodel 250 9976 Phillip Garbe 1852 W. Vierling Dr. Addition 9, 200 9977 Darren Schlueter 1093 Primrose Lane Garage 12 ,480 9978 Gail Spellman 1006 Naumkeag St. Deck 900 9979 Dalco Roofing 8000 Highway 101 Reroof 40,825 9980 Joseph Klug 403 Mint Circle Deck 1,800 9981 Joseph Coombs 1508 Roundhouse Circle Fence 700 9982 Scott Ware 530 W. 4th Avenue Fence 1, 000 9983 David Stenson 1424 Prairie Lane Fence 225 9984 Thomas Schmidt 1922 E. 11th Avenue Deck 2, 156 9985 Loren Wolfe 230 S. Lewis Street Windows 900 9986 John DeLacey 605 South Lewis St. Garage/Addn. 18, 000 9987 Ghassan Khwice 1583 E. 1st Avenue Deck 14 , 000 9988 KFC 837 E. 1st Avenue Signs 3, 000 9989 John Westveer 940 S. Main Fence 600 9990 Paul Muench 2910 Marcia Lane Garage 12, 000 9991 Novak Fleck 1455 Primrose Lane House 72 , 000 L 11 B 4 , Meadows 8th 9992 Novak Fleck 1372 Thistle Lane House 74 , 018 L 8 B 1, Meadows 8th 9993 Novak Fleck 1342 Thistle Lane House 72 , 000 L 5 B 1, Meadows 8th 9994 Novak Fleck 1349 Thistle Lane House 65, 000 L 7 B 3 , Meadows 8th 9995 Keith Melby 2645 Lakeview Drive House 161, 000 L 8 B 4 , Timber Trails 9996 Laurent Builders 1160 Polk Street House 70, 132 L 5 B 1, Minnesota Valley 7th 9997 Thomas Waalen 1616 Roundhouse Circle Deck 1, 344 9998 Richard Siebenbruner 1251 Sapphire Lane Deck 250 9999 Howard Bennis 420 E. Shakopee Avenue Addition 24 ,800 10000 Laurent Builders 1145 Polk Street House 67, 000 L 7 B 2 , Minnesota Valley 7th 10001 Detail Home Bidrs. 1237 Heritage Dr. East House 81, 598 L 13 B 3 , Heritage Place 3rd 10002 Windwood Company 3253 Marschall Road House 108, 619 L 2 B 1, Deerview Acres 10003 Daniel Ellerbee 1136 Clover Court Fence 700 10004 DeMars Signs 473 Marschall Road Sign 1, 552 10005 Edward Rowe 1300 Prairie Court Deck 1, 120 Total: $4, 358, 998 CertainTeed Corporation 3303 E. ath Ave.Box 506 Shakopee. CertainTeed El Shakopee. MN 55379 June 2, 1993 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section Air Quality Division Minnesota Pollution Control Agency 520 Lafayette St. Paul . MN 55155 Re: Shakopee Facility, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated May 4. 1993. During the month of May, Huntington Energy Systems continued installation of the thermal oxidizer equipment on our plant site. Final work on the electrical , piping and insulation is now being done in preparation for equipment checkout in mid-June. Current activity per the schedule is as follows: Activity Target Date Status Installation June 8, 1993 Began March 17th Start-up & debug July 6, 1993 On target See attached Gantt chart for installation and start-up schedule. Mr. Barry Stock. Assistant City Administrator with the City of Shakopee is copied on these monthly progress reports. Our next progress report will be submitted in early July, 1993. Sincerely, Gary S enson, CPE Principal Plant Engineer cc: C. Carfrey K. Everhart T. Arnold N. Robinson J. Quaranta L. Hawk M. Noone R. Wagner B. Stock, City of Shakopee rl 01 cn C o m -) n i ‹c cv 3 c 7 0 M L. < L. o m Jo w rilw mc oo ,- (1 4) o > o rib z -, 0 0 • Q.) In F- • E. 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Cd I Ld • I :5,- I .5 ri 1 cc cc; I 1--ei I on oi 4: '4-.0 > N GI..- 0 acIro 0 -o = - .-- w-cv W m „., 1- z .-- o al ci z - I.- ro __ -- C5 .-- 0 0 re') < CL CV C) N -S •-• C 0 0 cn rn C 7 O+ 7 I Q N 7 0 •Q ' O M C 41 O N O Z - O ^ Cl In - U 7 W Q " O oac CN L O N O U L Q Q _ N L N 0 0 IJ a w N tL OY C Q O) o I (/1 N 0 O Z v O d rn . 01 Q z O z gO w 3 d a z w o a Z W a W O W z W Z w M en O01 Z Y en cn Ch O Y a Crl rn f-3 I v�3 03 g3 I �3 Dog, moo woo o , o3 L zoo Uom mom �o� Eo -� 0 II ccI Znj I NN i Q .- U o I- Q_ 8NN Z' - ao co C 0 LI 1;1 Chaska Police Department address all correspondence to June 1, 1993 GREGORY E.SCHOL Chief of Police Mr. Dennis Kraft Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Dear Mr. Kraft: Chief Tom Steininger recently asked me if the Chaska Community Center had a positive effect on the Chaska area juvenile population and whether I would write you a letter regarding this. I wouldn't want to tell you that a community center doesn't bring some problems with it. Anytime you get up to a thousand people together, there will be some police calls. The police department has responded to a wide range of problems including, medicals, minor thefts, minors in possession of alcohol and other similar calls. But, relative to the large number of people, there have been few police calls. The vast majority of guests at the center do not cause any problems. Juveniles are full of energy and feel a need to keep busy. They are regularly heard saying "I'm bored". Prior to the community center,juveniles commonly hung out at places in town where they were either not welcome or where it wasn't good for them. Business people often complained about loitering and littering, and older citizens were commonly afraid of the kids hanging out on the corner. The community center gave the kids a place to go, to hang out, to expend energy and to belong. The community center provides little opportunity for them to use their energy in a negative way, they are having too much fun participating in the many activities available to go looking for trouble. Yes, the community center has had a positive impact on our juveniles and our town. Hopefully this will be of some help to you and the Shakopee citizens in determining whether to build a Shakopee Community Center. If I can be of any further assistance, please call. Respectfully,ie . cho ---- f of Police cc: Chief Tom Steininger City Of Chaska Minnesota Two City Hall Plaza 55318-1960 Phone 612/448-4200 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 7, 1993 RE: Intern Leslie Green is a student finishing up her paralegal work at Winona State. She has asked if she may work for the City for ten weeks this summer to fulfill her internship requirement . We are very fortunate to have a trained paralegal work for us, at no pay, this way! She started on June 7th, and will be with us until mid- August . This is for your information. Signed Karen Marty, i ttorney KEM:bjm [7MEMO2] cc : Dennis Kraft MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Fire Station - Site Selection Process DATE: June 10, 1993 INTRODUCTION AND BACKGROUND: On Wednesday, May 26, 1993 Mayor Laurent, the City Administrator and I met with officials from Valley Green Business Park to discuss securing property in the area of the Eagle Creek Thrift Shop for a fire station. During the meeting, several alternatives in terms of acquisition of the property were discussed. At the meeting it was also noted by Mr. Albinson that he believed the City owned a piece of property adjacent to the well site on County Road 16 . I have researched the property identification cards at the County Courthouse and it is true that the City owns approximately 7 1/2 acres of property adjacent to the well site on County Road 16 . Attached is a map illustrating the subject property. Note that a 50' gas easement runs through the center of the property and the southerly by-pass right-of-way covers the bottom portion of the site . Staff is in the process of determining if a fire station could be constructed on the property given the easement and right-of-way factors . I am also meeting with SPUC to determine if they had any planned use for the property. I will be reporting back to City Council at a later date regarding the possibility of acquiring additional property to the east of the subject property that will be owned by MnDOT following the southerly by-pass construction project . The City may be able to acquire these two parcels for a small amount and possibly trade the entire reconfigured parcel to Valley Green Business Park for some property adjacent to the Eagle Creek Thrift Shop. IIli U I �" r II ` , I I , .. . . ' . 1 . rzal:...i. . 11 • :.. . • . :. 1 .. . ' l. . % :-...... 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Stock, Assistant City Administrator RE: Securing Property - 2043 Eaglewood Drive DATE: June 9, 1993 INTRODUCTION AND BACKGROUND: Approximately one month ago I informed City Council that the City had contacted the owner of the property located at 2043 Eaglewood Drive (Lot 1, Block 1, Eaglewood 2nd Addn. ) . The property consists of an abandoned residential building site that was partially completed. In its present condition, the site presents a hazardous situation. Approximately 30 days ago we informed the property owner that the site should be secured to alleviate dangerous conditions by May 31, 1993 . To date no improvements have been made to the property. Staff is in the process of receiving quotes from local building contractors to secure the above referenced location. The procedure being followed is similar to that taken last year to secure the shoe shop building located across the street from City Hall on Holmes Street . Costs associated for securing the property will have to be absorbed by the 1993 Building Division Budget . The cost for securing the property will be certified to the County for inclusion on the property tax statement . OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota June 3 , 1993 MEMBERS PRESENT: Madigan, Kelly, Joos, Zak, Spurrier, and Mars MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE MAY 6, 1993 MEETING MINUTES The meeting minutes were approved as presented, with Commissioner Mars abstaining due to his absence at the May 6, 1993 , meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars. recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. ADJOURNMENT The meeting adjourned at 7 : 32 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota June 3 , 1993 MEMBERS PRESENT: Madigan, Kelly, Joos, Zak, Spurrier, and Mars MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 35 P.M. The roll call was taken as noted above. II. APPROVAL OF AGENDA Chrmn. Joos requested that two items be added to the agenda: 1) a letter from Ladbroke Racing that was provided on the table; and 2) the Joint Meeting of the City Council, the Planning Commission, and the Community Development Commission set for June 29, 1993 . Comm. Spurrier also requested that two items be added to the agenda: 1) a discussion on access dedication; and 2) drainage sumps in residential areas. The agenda was approved as amended. III. APPROVAL OF THE MAY 6TH AND 13TH MEETING MINUTES The minutes of the May 6, 1993 , meeting were approved as presented, with Comm. Mars abstaining from the vote due to his absence from this meeting. The minutes of the May 13 , 1993 , meeting were approved as presented, with Chrmn. Joos abstaining from the vote due to his absence from this meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. Mr. Jon Albinson approached the podium and presented information regarding a Market Analysis that had been prepared for Valley Green Business Park by the McComb Group, LTD. Mr. Albinson stated that this analysis consisted of two evaluations of future development. The first involved an evaluation of the future development of both the commercial and industrial development of Valley Green Business Park, and the second involved an analysis of the future residential development of the City as a whole. Minutes of the Page- 2 Shakopee Planning Conuni cion June 3, 1993 Mr. Albinson presented copies of this Market Analysis to each of the members of the Planning Commission and stated that he hoped that this information would be helpful to the Commission in future land use decisions. Chairman Joos requested that a copy of this study be provided for the public record. V. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE STONEBROOKE PLANNED UNIT DEVELOPMENT, LOCATED SOUTH OF CR 78, EAST OF CR 79, AND WEST OF TIMBER TRAILS ADDITION Chrmn. Joos reopened the public hearing for this proposed amendment, and stated that the applicant is requesting that the Planning Commission continue the public hearing to the July 8, 1993 , meeting. Chrmn. Joos recognized anyone in the audience wishing to speak on this item. There was no response. Motion: Comm. Spurrier/Zak moved to continue the public hearing to the July 8, 1993, meeting. Vote: Motion carried unanimously. Comm. Spurrier requested that staff notify the interested property owners of the continuance of this public hearing. VI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE CITY ORDINANCE ALLOWING WOOD PRESERVATION FACILITIES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL (I-1) ZONING DISTRICT Chrmn. Joos opened the public hearing for this proposed text amendment. The Assistant City Planner stated that Universal Forest Products owns a 16. 9 acre site at 1570 East Highway 101, and that they wholesale both treated and untreated wood. They currently have the wood processed off-site. With their effort to grow, they feel that a wood preservation facility is needed at their site in Shakopee. Last September, the City Council denied an application to rezone their site to Heavy Industrial. The applicants requested this rezoning because the Heavy Industrial zoning district would allow a wood preservation facility to be operated at their site. She informed the Commission that the Minnesota Department of Natural Resources has commented that the site is highly susceptible to groundwater contamination, and that both the Department of Natural Resources and Scott County Environmental Health have provided a number of comments regarding this proposed text amendment. Minutes of the Page- 3 Shakopee Planning Commission June 3, 1993 The Assistant Planner stated that the purpose of the Light Industrial District is to serve as a transition between the more intense industrial uses, and residential and business land uses. Mixed land uses other than intense manufacturing and processing are permitted, such as warehousing and office space. She reminded the Commissioners that the approval of this request for a text amendment could allow wood preservation facilities to operate as a conditional use in all of the City's Light Industrial Zoning Districts. She added that since the entire Zoning Ordinance is presently under revision, any text amendment at this time should be made cautiously since it may result in creating an incompatible and non-conforming use once the new zoning ordinance is adopted. She stated that staff is recommending that the Planning Commission recommend to the City Council the denial of the request for this text amendment. Chrmn. Joos asked if there were any questions of staff. There were none. Mr. Jim Scheible, 8800 Cottonwood Lane, Eden Prairie, approached the podium. Mr. Scheible, representing Universal Forest Products, stated that they had previously met with both the Planning Commission and the City Council requesting the rezoning of their site. However, the City denied this request and recommended that they request this text amendment. He expressed his confusion, but stated that he understood the City's concerns. Their company would like to remain in the City of Shakopee and want to expand their operation here. The City Planner responded that land use decisions are often very difficult. He stated that there has been an evolution in the way the City has been zoned. He reminded the Commission that the Light Industrial zone serves as a transitional zoning district between heavy industrial uses and commercial and/or residential uses. He stated that the City has explored alternatives with the applicants, and that this intense manufacturing use doesn't seem to fit the area. Mr. Scheible responded that their wood preservation method is safer than the operations at many of the adjacent sites, and stated that he felt they were being penalized because they were not being permitted to expand. He informed the Commissioners that they have been looking at an alternative site, but if this site does not work out for them, Universal Forest Products may have to move to another state. He stated that his operation is looking for suggestions, help, and acceptance. Minutes of the Page- 4 Shakopee Planning Commission June 3, 1993 Discussion ensued on the alternative site currently being explored by the applicants. Mr. Marlowe Anderson, 10208 Antler Ridge, Eden Prairie, approached the podium, and stated that his business is currently in a situation not unlike Mr. Scheible's business. He stated that coming before the Planning Commission is almost demeaning. He stated that the big businesses are vacating the City of Shakopee. The City needs jobs and a tax base and this company can create them. He questioned why the City has to go through the expense of having retail uses in one area and industrial uses in another area. Mr. Paul Holtz, 1409 4th Avenue East, Shakopee, approached the podium, and stated that he represents the Shakopee Village Homeowner's Association. He stated that the residents of the townhomes are unanimous in not wanting the City to allow this wood preservation facility at this site. He stated that besides the use of hazardous chemicals and the additional truck traffic, the proposed use would have an affect on the neighborhood's aesthetics and on their property values. He stated that many of the residents discussed this situation with Mr. Scheible a few months ago when they were requesting the rezoning, and they expressed their concerns. He stated that they feel that nothing has changed since that time, and the residents are still against the proposed wood preservation facility on this site. Motion: Comm. Madigan/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Spurrier/Madigan moved to recommend to the City Council denial of the request a text amendment to Section 11. 32 , Light Industrial (I-1) Zoning District, to include wood preservation facilities as a Conditional Use. Discussion regarding the alternative site being considered by the applicants ensued. Vote: Motion carried with a vote of 4 to 2 , with Comm. Zak and Kelly voting against the motion. VII. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE CITY ZONING ORDINANCE ALLOWING LIMITED RETAIL SALES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL (I-1) ZONING DISTRICT Chrmn. Joos opened the public hearing for this proposed text amendment. Minutes of the Page- 5 Shakopee Planning Commission June 3, 1993 The City Planner provided a brief overview of the text amendment requested by Marlowe Anderson of Leeco Distributing, Burdette Booth of Kar Kraft, and Ron Thiebaud of Ron's Auto Sales. He stated that the applicants each operate an automobile sales business on Maras Street. The I-1 district does not allow retail sales as either a permitted or conditional use. The text amendment would use the same provision for limited retail sales found in the Heavy Industrial (I-2) district regulations. One of the applicants, Marlowe Anderson, presented a video tape of the Maras Street area. He identified twenty businesses along Maras Street, 13th Avenue, CR 18 and Boiling Springs Lane which have some type of retail operation. Some of the businesses identified on the video tape included the Backstretch RV Park, Zak's, Q Carriers, Donovan's Small Engine Repair, Hwy 101 Auto Salvage, Quality Coach, Bud's HD, and Specialized Manufacturing. Mr. Anderson provided an overview to his property and the conditional use permit he received. He stated that he was required to put in landscaping and screen fencing to meet the code. He explained that during the review of his CUP by the Planning Commission in 1989, he informed the Planning Commission that he wanted to obtain a used car dealers license. Now the Minnesota Department of Public Safety (DPS) is taking away his dealers license. He informed the Planning Commission of the doubling of his property taxes. He requested that either all the businesses in the area be forced to shut down since they all have retail or the City should let them operate. Comm. Zak noted that this area is in transition. With the regional transportation improvements, this area will develop commercially. Mr. Anderson noted that the applicants have gone back to the DPS to get a month to month delay on the revocation of their dealer licenses. Mr. Ron Thiebaud, co-applicant, stated that he has been in business on Maras Street for 14 years. Now he is loosing his license. He explained that he bought his building three years ago. He stated that it is a good looking building. No cars or junk are stored in the front yard. Mr. Burdette Booth, co-applicant, stated that he bought the building with a stipulation that he receive a used vehicle dealers license. He feels that the City has changed their minds. He added that they are being penalized for operating their businesses in a nice building. Minutes of the Page- 6 Shakopee Planning Commission June 3, 1993 Mr. Duwayne Ege, 1246 Limestone Drive, noted that he is trying to establish a tow truck sales business on an I-1 parcel. He informed the Planning Commission that he can not get a used dealers license because his site, Shakopee Towing, is not correctly zoned. Mr. Anderson stated that something needs to be done. He questioned what the time frame will be to resolve this issue. Chrmn. Joos explained the text amendment process. He noted that the Planning Commission would make a recommendation to the City Council on the specific text amendment. The City Council will review the amendment and make a final decision. Comm. Spurrier asked staff to explain the retail provision in the I-2 zone. Mr. Ekola read the specific I-2 regulation on retail sales (Section 11. 32 , Subd. 3 . 0. ) as a conditional use. He emphasized that the ordinance is unclear as it is presently written and the research of the files of this provision provided limited background as to why it was adopted. The I-2 retail sales provision is allowed when necessary to a permitted principal use. It cannot exceed 15 percent of the floor area of the principal structure. Mr. Ekola identified the FMG facility as one example of this conditional use. FMG's manufacturing of products on their site is a permitted use in the I-2 district. A limited retail sales outlet designed specifically for the FMG site was reviewed by the Planning Commission in the conditional use permit process. Mr. Ekola further explained that it is not clear why the retail sales provision was added to the I-2 but that it was intended to be very limited in nature. He noted that because the I-1 properties tended to involve more wholesale and warehousing uses, the mix of retail uses had not been included in the I-1 regulations. Mr. Ekola also noted the letter on the table from an area resident opposing the text amendment. The expansion of retail uses in the I-1 areas would be a negative impact on the residential areas. Comm. Zak provided an overview to the Brambilla development. He stated that the facility was located in the wrong place within the community from a zoning perspective. Comm. Mars asked for an inventory of businesses in the Maras Street area. Minutes of the Page- 7 Shakopee Planning Commission June 3, 1993 Mr. Anderson stated that he would have never built in this area if he had known he could not do retail operations. He felt that the City did not have an adequate game plan for the area. Comm. Spurrier reminded the Commission and the audience of the East Shakopee Area Transportation Study. Motion: Comm. Mars/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Zak moved to table the Planning Commission decision until the July 8 meeting for additional information from staff including the inventory of businesses. Vote: Motion carried unanimously. VIII.PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO MOVE AN EXISTING HOUSE ONTO A VACANT LOT AT 2080 EAGLEWOOD LANE Chrmn. Joos opened the public hearing for this proposed conditional use permit. The Assistant City Planner stated that Thomas and Kristine Skraba are requesting a Conditional Use Permit to move a residential structure onto a 3 . 26 acre site zoned Rural Residential. She stated that Section 11. 05, Subd. 9 regulates the moving of structures. In addition to the standard criteria for the Conditional Use Permit, the ordinance also requires that the applicant meet certain requirements. She stated that one of these requirements is that the dwelling units must equal or exceed in value of the adjacent homes, and that a table of the 1993 estimated assessed values of the properties within Eaglewood 3rd Addition was provided in the staff report. The estimated 1993 assessed value of the applicant's home and the proposed site is lower than two of the six existing homes within the subdivision, and higher than four of the six existing homes. She stated that photographs of adjacent homes, along with their total assessed value, were also provided in the staff report. The applicants are also proposing to make improvements to the home once it has been moved. These improvements include an addition and an attached two stall garage. Drawings of the proposed completed structure were provided on the bulletin board. The Assistant Planner stated that a second requirement is that the owner show proof of ownership of the proposed location. The proposed site is currently owned by Mr. Brian Guth, and Minutes of the Page- 8 Shakopee Planning Commission June 3, 1993 the applicants have signed a Purchase Agreement for the lot. They would be completing the purchase of the property prior to the moving in of the structure. She stated that a third requirement is that the dwelling unit be compatible with the adjacent houses. She said that photographs of the applicant's home and of the properties adjacent to the site were on the bulletin board and were provided in the staff report. She said that the role of the Planning Commission is to make a determination as to whether or not the proposed structure will meet the requirements listed in the City Code. She added that staff recommends approval of Conditional Use Permit, subject to the six conditions discussed in the staff report. Mr. Thomas Skraba, 1530 Bluff Creek Drive, Chanhassen, approached the podium. Chrmn. Joos asked is the applicant was in agreement with the conditions recommended by staff in the report. The applicant responded in the affirmative. Chrmn. Joos asked if there was anyone else in the audience that wished to comment on this matter. There was no response. MOTION: Chrmn. Mars/Zak moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Chrmn. Zak/Mars moved to approve Conditional Use Permit Resolution No. PC-660, allowing for the moving in of a residential structure to Lot 7 , Block 1, Eaglewood 3rd Addition, subject to the following conditions: 1. The Planning Commission finds that the structure meets or exceeds the value of, and is compatible with, the adjacent homes. 2 . The applicant must post a certified check, letter of credit, or bond with the City equal in amount to the cost of abating all Code deficiencies prior to the release of the building permit. 3 . The applicant must submit proof of ownership of the subject site prior to the release of the building permit. 4 . The applicant must meet the requirements of the City of Chaska and Carver County regarding the structure's removal, and the requirements for the moving of the structure from Chaska to the City of Shakopee. Minutes of the Page- 9 Shakopee Planning Commission June 3, 1993 5. The applicant must obtain House Moving Permits from both the Minnesota Department of Transportation, the Carver County Highway Department, and the Scott County Highway Department prior to the release of the building permit. The applicant must also obtain a permit to work within the right-of-way from the City of Shakopee. 6. The dwelling unit must meet all the requirements of the Building Code within six (6) months after it is moved. VOTE: Motion carried unanimously. Chrmn. Joos reminded the applicant of the 7 day time frame in which anyone may appeal the decision of the Planning Commission. IX. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM BITUMINOUS MATERIALS, INC. FOR A CONDITIONAL USE PERMIT TO OPERATE AN ASPHALT PLANT UPON THE SHIELY PROPERTY AT 6896 HWY. 101 Chrmn. Joos opened the public hearing for this proposed conditional use permit. The Assistant Planner stated that Bituminous Materials, Inc. of Faribault, Minnesota has submitted an application for a Conditional Use Permit to operate an asphalt plant on a 10 acre site owned by The Shiely Company. The site is zoned I-2 , Heavy Industrial. They are proposing to locate a portable hot-mixed asphalt plant and aggregate stockpiles at the site. They would be producing, hauling, and laying hot-mixed asphalt cement for various road projects in the area. A similar Conditional Use Permit was approved for the same site for Hardrives, Inc. in 1989. This permit expired in 1992 . BMI intends to use the existing site through the 1993 and 1994 construction seasons. She stated that staff is recommending approval of the Conditional Use Permit, subject to the seven conditions listed in the staff report. Chrmn. Joos asked if there were any questions of staff. Comm. Mars asked for clarification on the historical background of Conditional Use Permits on the site. Chrmn. Joos asked the applicant to come forward. Mr. John Heselton, 17065 Faribault Blvd. , Faribault, Minnesota, approached the podium to answer questions from the Commission. Comm. Spurrier stated that with the approval of the Conditional Use Permit for Cemstone, a condition required Minutes of the Page-10 Shakopee Planning Commission June 3, 1993 outbound vehicles that must go west onto Hwy. 101 to use the service road owned by Conklin Co. He stated that approval of this permit should require this, too. Otherwise you have these trucks entering onto Hwy. 101 and posing a danger to traffic. The applicant stated that he would have no problem with requiring such a condition. Mr. Bob Bieraugel, 2915 Waters Road, Eagan, responded to Comm. Spurrier's recommendation of the condition by stating that Conklin already has trucks in there themselves and to direct additional traffic through that area could cause a conflict. In addition, trains on the railroad tracks could block their exit. Discussion ensued on requiring the applicant to use this route during certain hours of heavy traffic. Motion: Comm. Mars/Spurrier moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Spurrier/Zak moved to approve Resolution No. PC-661, A Resolution Granting a Conditional Use Permit to Bituminous Materials, Inc. to Operate a Hot-Mixed Asphalt Plant, subject to the seven conditions recommended by staff, plus an eighth condition: 1. The J.L. Shiely Company will provide the City with a copy of their access agreement for use of the NSP easement, and a copy of the lease for the 10 acre site which states that Bituminous Materials, Inc. has permission to use their haul road and the NSP easement for access to the site. 2 . The applicants shall control dust on the site and on the access road, as approved by the City Engineer. 3 . The plant shall utilize a bag house type of pollution control device. 4 . Flammable liquids on the site must be stored in accordance with Fire Codes. A copy of the safety data sheets and a list of emergency contact telephone numbers shall be provided to the Shakopee Fire Department. 5. The applicants must obtain all required permits from the Minnesota Pollution Control Agency and Scott County Environmental Health. The operation must comply with all environmental requirements, including the NPDES Permit, as per these governmental agencies. Minutes of the Pop-11 Shakopee Planning Commission June 3, 1993 6. The operation must not adversely affect the underground facilities utilized by Shakopee Public Utilities. 7 . If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 8 . Westbound truck traffic from this activity shall use the service road and the signal light on Valley Park Drive. Motion: Comm. Zak/Madigan moved to amend the motion to add, "provided the Conklin Company concurs with the use of this service road" to Condition No. 8. Vote on the Amendment to the Main Motion: Motion carried unanimously. Vote on the Main Motion: Motion carried unanimously. Chrmn. Joos reminded the applicant of the 7 day time frame in which anyone may appeal the decision of the Planning Commission. X. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM B AND B SALES AND SERVICE FOR A CONDITIONAL USE PERMIT TO ALLOW LIMITED RETAIL SALES UPON THE PROPERTY LOCATED AT 4110 VALLEY INDUSTRIAL BOULEVARD SOUTH Chrmn. Joos opened the public hearing for this proposed conditional use permit. The City Planner stated that due to the late submittal of information, the staff review process had not been completed. Staff recommended continuing the public hearing to the July 8 meeting. The applicant, Doug Bell, stated that the information from the building permit file was unavailable. They had to prepare rough sketches in order to provide the information. Comm. Zak questioned the B and B Pawn Shop signs recently installed in the subject site area and the current use of the site. Mr. Bell commented that the pawn shop business is a part of their overall business B and B Sales and Services. Mr. Bell added that the site is currently being used for wholesale uses. Minutes of the Page-11 Shakopee Planning Commission June 3, 1993 6. The operation must not adversely affect the underground facilities utilized by Shakopee Public Utilities. 7. If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 8. Westbound truck traffic from this activity shall use the service road and the signal light on Valley Park Drive. Motion: Comm. Zak/Madigan moved to amend the motion to add, "provided the Conklin Company concurs with the use of this service road" to Condition No. 8 . Vote on the Amendment to the Main Motion: Motion carried unanimously. Vote on the Main Motion: Motion carried unanimously. Chrmn. Joos reminded the applicant of the 7 day time frame in which anyone may appeal the decision of the Planning Commission. X. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM B AND B SALES AND SERVICE FOR A CONDITIONAL USE PERMIT TO ALLOW LIMITED RETAIL SALES UPON THE PROPERTY LOCATED AT 4110 VALLEY INDUSTRIAL BOULEVARD SOUTH Chrmn. Joos opened the public hearing for this proposed conditional use permit. The City Planner stated that due to the late submittal of information, the staff review process had not been completed. Staff recommended continuing the public hearing to the July 8 meeting. The applicant, Doug Bell, stated that the information from the building permit file was unavailable. They had to prepare rough sketches in order to provide the information. Comm. Zak questioned the B and B Pawn Shop signs recently installed in the subject site area and the current use of the site. Mr. Bell commented that the pawn shop business is a part of their overall business B and B Sales and Services. Mr. Bell added that the site is currently being used for wholesale uses. Minutes of the Page-12 Shakopee Planning Commission June 3, 1993 Mr. Weldon Hendrickson, Route 5, Cambridge, MN; is the realtor for this property. He stated that it has been hard to find a conforming use for this property. Motion: Comm. Zak/Spurrier moved to continue the public hearing to the July 8, 1993 , meeting. Vote: Motion carried unanimously. XI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM THE CITY OF SHAKOPEE FOR A CONDITIONAL USE PERMIT TO ALLOW FILL IN A FLOODWAY IN HUBER PARK Chrmn. Joos opened the public hearing for this proposed conditional use permit. The Assistant City Planner stated that the applicant is requesting that the Planning Commission continue the public hearing to the July 8, 1993 , meeting to allow time to obtain additional survey information. Motion: Comm. Spurrier/Madigan moved to continue the public hearing to the July 8, 1993 , meeting. Vote: Motion carried unanimously. XII. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF PARKVIEW 1ST ADDITION, LOCATED EAST OF CR 17 AND NORTH OF VIERLING DRIVE The Assistant City Planner stated that Dalles Properties has submitted an application for Final Plat approval for Parkview 1st Addition. The City Council approved the Preliminary Plat for this subdivision at their meeting on May 8, 1993 . The proposed plat contains 30 residential lots that are zoned Urban Residential (R-2) , and 3 commercial lots that are zoned Highway Business (B-1) . She stated that staff is recommending approval of the Final Plat for this subdivision, subject to the ten conditions discussed in the staff report. Motion: Comm. Spurrier/Zak moved to recommend to the City Council the approval of the Final Plat for Parkview 1st Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: Minutes of the Page-13 Shakopee Planning Commission June 3, 1993 a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. A 5 foot sidewalk on the east side of CR 17 from Vierling Drive to the north end of the plat, and sidewalks along both sides of the proposed Ramsey Street and along both sides of the portion of Dalles Drive that lies within the commercially zoned portion of the plat. i. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 4 . The developer shall enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be permitted. Access rights shall be limited by dedicating to the City the access rights in the access agreement. Minutes of the Page-14 Shakopee Planning Commission June 3, 1993 5. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 6. The final construction plans, stormwater management plans, and the grading and erosion control plan must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the drainage plan. 8 . Approval of the Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 9 . The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 10. The developer shall dedicate a 20 foot wide pedestrian access easement along the east edge of Lot 1, Block 1 for a future trail connection. Vote: Motion carried unanimously. XIII.OVERHEAD ELECTRIC LINES A. Temporary Line Along Vierling Drive Chrmn. Joos introduced the agenda item. The City Planner provided a brief overview of the request. He noted that staff had recently received comments from Minnegasco on the temporary overhead line. Minnegasco recommended approval provided that the overhead line is located 30 feet from the existing gas lines. The Utilities Manager provided comments to the Planning Commission as requested. He stated that they anticipate the line being undergrounded within the next year. Motion: Comm. Zak/Mars moved to recommend to the City Council approval of the temporary overhead line for a period not to exceed 24 months. Vote: Motion carried unanimously. mutes of the Page-15 Shakopee Planning Commission June 3, 1993 B. Permanent Line Along CR 78 Chrmn Joos introduced the item. The Utilities Manager provided an overview of the proposed overhead line. He stated that the existing single circuit along CR 78 needs to be relocated and upgraded. The Shakopee Public Utilities Commission (SPUC) had recently been informed of the need to relocate the line due to the reconstruction of CR 78. Chrmn. Joos questioned the economic analysis. Discussion on the economic aspects of undergrounding took place. The Utilities Manager noted that the estimated costs for both underground and overhead lines were developed by SPUC's engineering consultant. The estimated costs for undergrounding did not incorporate any exceptional costs such as impacts on undergrounding through the wetlands along CR 78. Additional discussion took place on the design of the proposed line. The proposed two circuit system would result in a total of seven wires. Motion: Comm. Spurrier/Zak moved to recommend to the City Council approval of the permanent overhead line along CR 78 and upgrade the line to a two circuit system. Vote: Motion carried on a 5-1 vote with Joos dissenting. XIV. ANNUAL REVIEW: TERMINAL TRANSPORT, INC. CONDITIONAL USE PERMIT The Assistant City Planner stated that on May 9, 1992 , the Shakopee Planning Commission granted a Conditional Use Permit to Terminal Transport. Condition No. 1 requires an annual review of the permit. She stated that at the May 6th meeting, the Commission tabled this review to the June 3rd meeting to allow the applicant further opportunity to comply with Conditions No. 3 , 4 , and 8 of the permit. Since that time, staff received a letter from Mr. Brent Coatney, President of Terminal Transport, stating that they are in the process of complying with these conditions, but are requesting an additional 30 days to comply with the conditions. The Assistant City Planner stated that she had inspected the site that morning, and provided copies of photographs of this inspection on the table. She added that staff is recommending that the Planning Commission table the review for one month to allow the applicant further opportunity to comply with these conditions. Minutes of the Page-16 Shakopee Planning Commission June 3, 1993 Comm. Spurrier questioned if the parking of the tractors for the trailers is permitted or not. Allowing tractors to be parked on this site would permit a plume of diesel exhaust to be expelled in close proximity to a residential area. He felt that they should insist that they not use it as a parking area for tractors. Comm. Zak questioned how Comm. Spurrier proposed that the operation get the trailers to the Terminal Transport site without the tractors. Chrmn. Joos questioned the need for Terminal Transport to take bids on the portable toilet facility. He stated that he felt the Commission should recommend the revocation of the permit to the City Council, and added at he felt they had been more than fair in extending the review of the permit for an additional month at the May 6, 1993 , meeting. The City Planner stated that an option for the Commission would be to recommend that the City Council revoke the permit at their July 6, 1993, meeting. This would give the applicants an additional month in which to complete the requirements. Motion: Comm. Madigan/Kelly moved to recommend to the City Council the revocation of the Conditional Use Permit at their July 6, 1993 , meeting, if the requirements of the permit have not been met by that date. Vote: Motion carried unanimously. XV. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING PROPOSED CHANGES TO THE 2010 LAND USE PLAN Chrmn. Joos reopened the public hearing. The City Planner provided an overview to the staff report. He noted that the recommended Major North-South Streets Characteristics Map was intended to serve as a general guide for the land use planning process. The map did not specify time frames for development. He noted that the Planning Commission and the Community Development Commission found this map to be helpful in developing an understanding as to the future character of the City and northern Scott County area. Discussion on the map took place. Some questions were raised on the CR 21 status. It was identified that this project was a part of the County's transportation plan as a long term project and beyond their 1994 - 1998 Capital Improvement Program. Wades of the Page-17 Shakopee Planning Commission June 3, 1993 Motion: Comm. Madigan/Mars moved to continue the public hearing to the June 29, 1993 joint meeting with the City Council and the Community Development Commission. Vote: Motion carried unanimously. Motion: Comm. Mars/Spurrier moved to recommend to the City Council approval of the Major North-South Streets Characteristics Map as a general guide in the land use planning process. Vote: Motion carried unanimously. XVI. OTHER BUSINESS A. Letter from Ladbroke A letter from Richard Riechow was submitted to the Planning Commission noting their upcoming efforts to develop a multi- purpose entertainment complex at Canterbury Downs. Discussion on the proposal took place. Members of the Planning Commission raised numerous concerns with the proposal. The Planning Commission would like to see Canterbury Downs become a part of the land use planning process for the East Shakopee Area. B. Joint City Council/Planning Commission/Community Development Commission Meeting A joint meeting of the City Council, the Planning Commission and the Community Development Commission will be held on Tuesday, June 29 at 7: 00 P.M. to discuss the alternative land use plan strategies. C. Residential Drainage Comm. Spurrier requested staff research beehive stormwater facilities in residential yards along Vierling Drive. XVII.ADJOURNMENT The meeting adjourned at 11: 30 p.m. MEL LEBENS 538 W 4TH AV SHAKOPEE MN JUNE 5, 1993 Dear Mayor Laurent: Your plans for the construction of a community center, an ice arena, and a fire station are very commendable, but I sincerely believe that you should cancel the bond election for these reasons: 1 . Because more taxes just won't fly! Before your half-million tax boost this year, we paid three times Chaska's taxes, and now we're paying four times Chaska' s taxes. If the 8 million bond issue is perchance approved, we'll be paying five times Chaska' s taxes. Having the highest taxes in the state will only chase all the industrial , commercial , and residential development to Chaska -- ironically, right over your fine new bridge! 2. Because I understand that the Mystic Lake people also intend to build a recreational facility in Shakopee. This possibility should be resolved before anything is done, for if our Indian friends do build, you would have to scale your plans down or we'll end up with another white elephant. 3. Because you already have all the money you need. Don't be so selfish with that 30 million tax increment booty. Is a measly 3.5 million all that you can spare for our wonderful children, when you're putting ten million downtown? Your priorities are screwed up. Remember what MnDOT Engineer Greg Felt said: "don't spend too much on downtown for it won't work anyway". I guarantee he wouldn't say that about our kids ! 4. Because you haven't even tried to collect the millions of back payments owed us by the utilities. They may be as Keilor puts it: "one of the glories of this city" , but what good is glory if you're swindled out of the cash? It' s your duty as mayor to enforce the 12% payments to the city -- as mandated by the voters on Sept 14, 1965 and April 4, 1967. If the utilities paid up what they owe right now, you could buy the land, build both the ice arena and the fire station and still have money left over. With but a stroke of your pen, Mr Mayor, you can officially recognize our legitimate city charter. Then the utilities would have to come up with all their delinquent payments. And if they've gambled away the 6 million 1990 reserves on the REA and NSP turf fight, then they should float revenue bonds to make it up, instead of asking us to mortgage our homes. 2 Your work is cut out for you Mr Mayor -- the question now is: can you measure up? To support my position, Ive enclosed a paper I prepared on the history of charter activity in Shakopee and Chaska, and certain other legal references for you information. Please read these papers, and compare this indisputable written evidence with the feeble argument of "implied repeal " (which is no more than pure conjecture) advanced by former city attorney Krass -- the same sleazy argument you still rely on to dishonor not only our city charter, but the statesmanship of the mayor and noble aldermen of 1965 who initiated and promoted it -- as well as the voters who adopted it. I rest my case. Respectfully, ;11/, Mel Lebens Tel 445 1532 Encl : "WHICH CITY IS RIGHT?" Senate file 860, 64th session (our Home Rule charter) Article XII , Minnesota state constitution Minn statutes 412.015, 412.018, 645.023, 645.024 WHICH CITY IS RIGHT? Shakopee or Chaska? Both incorporated by special charters more than 100 years ago; both updated their operations in the 1960 's under Art. 11 of the State Constitution; and finally, both had their original special charters replaced by the satutory city code on July 1 , 1975 -- but that 's when the similarity ended, however. Let ' s review the following chronology of events affecting charter development in both cities to see what happened . March 2, 1870 In his Shakopee Story Julius A Coller II quotes the editor of the old Shakopee Argus, who was obviously peeved at the legislature for imposing a charter on the city without local consent, as follows: "The City has been incorporated. We are a city without voting ourselves as such. Was this a trick, and if so, on the part of whom?" . ( it was a trick, but that 's another story) March 9( 1875 The Legislature consolidated the 1870 special act along with all subsequent amendments thereto into one act published as Chapter 6, laws of 1875. 1891 The Legislature incorporated the City of Chaska with a special law charter. Published as Chapter 2 , laws of 1991 , it was likewise imposed on the people without local consent. 1896 State constitutional history relates that the townspeople finally decided they 'd served long enough as pawns of the legislature and adopted the Home Rule amendment to the Constitution, (Art. 11 ) which required local voter approval on all special laws. 1899 City Attorney Charles G Hinds published a revised charter for the City of Shakopee comprised of 4 distinct sets of laws : 1 ) Ch 6 laws of 1875; 2) laws directly amendatory thereto; 3) all applicable non-amendatory special laws; 4) selected general statutes. April 1, 1951 Shakopee city council established the Public Utilities Commission, and stipulated that the Commission return an amount equal to 4% of its fixed assets to the General fund of the city each year as the city 's share of utility profits. October 14 1954 The SPUC did not live up to the 4% stipulation, so the city council established a Charter Commission -- hoping to remedy the situation by updating the old city charter. "Alderman Melvin P Lebens was responsible in the end for appointment by Judges Flynn and Haering of a charter commission. " - Shakopee Story, by Julius A Coller II 2 March 8, 1960 A proposed Home Rule Charter prepared by the Commission was submitted to the voters and rejected by a vote of 283 to 1361 . It met with severe opposition from an odd coalition of diverse community interests, spear-headed by the Utilities people. Jan 14, 1965 At the direction of the Shakopee city council, city Attorney Coller and city Recorder Lebens delivered a draft of proposed charter amendments to the Revisor of Statutes for incorporation into a bill for legislative action. April 12, 1965 Senate file 860, 64th Session, was signed by Gov. Rolvaag, and published as Chapter 183 laws of 1965. Everyone, including the Recorder , was surprised that it required voter approval . They were not familiar with sec 2 , Art. 11 of the constitution, so they fully expected the Legislature to simply amend the old charter as was done prior to the adoption of the Home Rule amendment in 1896, which was no longer possible. September 14. 1965 Shakopee voters adopted Senate file 860 at a special election with 222 votes in favor and 208 against , despite very strong opposition from the Public Utilities Commission who objected to the provision for "in lieu of taxes" payments to the city ' s general fund . December 2, 1966 "Amended Charter of the City of Shakopee" by Julius A Coller was ordered printed . It contained 5 distinct sets of laws : 1 ) the 1965 "Home Rule" charter; 2 ) the still relevant sections of Ch 6 laws of 1875; 3) the pertinent pre-1896 amendments thereto; 4 ) certain other non-amendatory pre-1896 special laws; 5 ) selected General statutes by reference. January IL 1967 Senate file 860, later published as Chapter 183 laws of 1965, expired by its own terms. Not unlike a booster rocket on a space ship, it was but a vehicle used to convey the proposed text to the voters of Shakopee, who alone possessed the sole power to adopt it as law under sec 2 , Art. 11 (now Art . 12) of the State Constitution. April A, 1967 At a special election held in accordance with the 1965 Home Rule charter, Shakopee voters approved Ordinance 265 by a vote of 620 in favor and 395 against, despite heavy opposition from the Utilities people. The ordinance provided for transfer of 12% of Utilities receipts to the City ' s General fund each month, with 6% to be paid "in lieu of taxes" and 6% as a reasonable return on the city ' s capital investment . (Supt. Lee Monnens balked at first, but then applied his keen managerial skills, and achieved a record year of profit in 1968 despite the 12% return to the city. ) 3 May 12, 1967 Chapter 401 laws of 1967 , directly amending Chapter 2 laws of 1891 incorporating the city of Chaska was approved by Gov. Rolvaag and subsequently adopted by the voters of Chaska . City Attorney Melchert and City Manager Pokorney refer to it as their "Home Rule Charter" . It provided for the office of city manager. May 20, 1967 MS 645 .023 and 645 .024 became effective. "Commonly known as the local consent law, it effectuated the recognized escape clause contained in Art. 11 ( 12 ) of the state Constitution. " - Op. Atty Gen. 83f, July 7, 1967. At work in these 2 canons is the old maxim: "from whence the power floweth" , to finally settle the old "legislative supremacy" debate. Put very simply, the legislature is stipulating here that it does have the authority under Art. 11 (now 12 ) to pass a uniform code for cities with a general law; but when the enacting "power" stems from the people, as in Shakopee 's 1965 charter, the legislature has no authority to amend, alter, or repeal such a special law. This paved the way for passage of Ch 123 next, wherein only those special laws in which the effectuating "power" stems solely from the legislature are repealed . July 11 1975 Under terms of Chapter 123 laws of 1973 , later coded as MS 412 .018 subd 1 , all of Chapter 6 laws of 1875 incorporating the city of Shakopee, and all of Ch 2 laws of 1891 incorporating the city of Chaska , were repealed . Both cities were henceforth to derive their powers "from laws applicable to statutory cities generally, and from such other special laws as may be applicable to them" . The legislative intent was very specifically spelled out in MS 412 .015 Subd 3 as follows : "The legislature does not intend by laws of 1973 Ch 123: ( 1 ) to affect, alter, repeal or otherwise modify any law of special application other than special acts of incorporation, and amendments thereto; " (which would include only items 2 & 3 of the Coller Amended Charter. -- see Dec 7, 1966 item above) All of the "special acts of incorporation, and amendments thereto" as referenced above were necessarily passed prior to 1896, for with the adoption of the Home Rule amendment (Art. 11 , now 12) to the constitution in 1896 the legislature was divested of all power to adopt, alter, or amend special legislation without local voter approval . Despite all of the foregoing, the City of Shakopee abandoned its 1965 charter as adopted by its voters, and led the citizens to believe that it was but a simple statutory city; while Chaska still operates as a council-manager city under its 1967 charter, merging it with the uniform code, for the best of both worlds ! So which city is right? prepared by Mel Lebens ARTICLE XIIf�Ii2RTO 14 .. 1 . 6 u L.:� SPECIAL LEGISLATION; LOCAL GOVERNMENT A Or, jj Sec. 2. Special laws; local government. Every law which upon its effective date applies to a single local government unit or to a group of such units in a single county or a number of contiguous counties is a special law and shall name the unit or,in the latter case,the counties to which it applies.The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such majority as the legislature may direct. Any special law may be modified or superseded by a later home rule charter or amendment applicable to the same local government unit, but this does not prevent the adoption of subsequent laws on the same subject. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same except as provided in this section. Sec. 3. Local government; legislation affecting. The legislature may provide by law for the creation, organization. administration, consolidation, division and dissolution of local government units and their functions, for the change of boundaries thereof, for their elective and appointive officers including qualifications for office and for the transfer of county seats. A county boundary may not be changed or county seat transferred until approved in each county affected by a majority of the voters voting on the question. Sec. 4. Home rule charter. Any local government unit when authorized by law may adopt a home rule charter for its government. A charter shall become effective if approved by such majority of the voters of the local government unit as the legislature prescribes by general law. If a charter provides for the consolidation or separation of a city and a county, in whole or in part, it shall not be effective without approval of the voters both in the city and in the remainder of the county by the majority required by law. 645.023. Special laws; enactment without local approval; effective date ubdivision 1. A special law enacted pursuant to the provisions of the Constitution, Article 12, Section 2, shall become effective without the approval of any affected local government unit or group of such units in a single county or a number of contiguous counties if the law is in any of the following classes: (a) A law which enables one or more local government units to exercise authority not granted by general law. (b) A law which brings a local government unit within the general law by repealing a special law, by removing an exception to the applicability of a general statutory provision, by extending the applicability of a general statutory provision, or by reclassifying local government units. special (c) A law which applies to a single unit or a group of units with a population of more than 1,000,000 people. Subd. 2. A special law as to which local approval is not required shall become effective on August 1 next following its final enactment, unless a different date is specified in the special law. Subd. 3. Subdivisions 1 and 2 are applicable to all special laws enacted and to be enacted at the 1967 and all subsequent sessions of the legislature. 64b�'O 4._,Special laws; local approval as a requirement of the act \\ < `geectii>'645.02 does not apply to a special law which by its own terms becomes u effective o ii the approval of one or more affected local government units, expressed through the voters or the governing body and by such majority as the special laway direct. Laws 1967, c. 596, 4 2, eff. May 20, 1967. Notes of Decisions recognized escape clause contained in art. 11, t 1. Construction and application of the State Constitution. Op.Atty.Gen., A Sections 645.023 and 645.024, commonly July 7, 1967. known as the local consent law, effectuated the 412.015 UNIFORM CODE OF MUNICIPAL GOVERNMENT. Subdivision 1. Legislative findings; policy. ' The legislature finds that the laws relating to villages, boroughs and cities without home rule charters are characterized by unnecessary duplication and inconsistency of treatment; that confusion as to the application of such laws exists because of the imprecision of the terms village, borough and city; and that it is desirable that all such municipalities be governed by a uniform code of statutes in order to provide them with a modern form of local government and to reduce the volume of special legislation relating to municipal government. Subd. 2. Legislative intent. It is the intention of Laws 1973, chapter 123 to simplify the statutes relating to municipal government by bringing the basic laws relating to all villages, boroughs and cities without home rule charter's under a single code of statutes and to effect the transition with a maximum rebttiiticiti of the desires of the eitittlig bf such municipalities. Subd. 3. Limitations upon uniform code. The legislature does not intend by Laws 1973, chapter 123: ( I ) to affect, wialter, repeal or otherwise any law of special application other than special or general acts of incorpotitioti t ki tendments thet to;'� (2) to modify the application of other statutory codes relating to municipal govern- ment; or (3) to impose new substantive powers and duties on cities, villages or boroughs. Subd. 4. ''��lbittl {htetpretation. * Laws 1973, chapter 123 shall be interpreted liberally to carry out the intention set forth in this subdivision. History: 1973 c 123 art 1 s 1-4 412.018 CITIES UNDER GENERAL OR SPECIAL INCORPORATION ACTS. Subdivision I . 'termination of government under incorporation acts. On Jul.y__.1,. 1975, any city incorporated under and governed by General Statutes 1894, sections 1045 to 1195, Laws of 1895, chapter 8, or Minnesota Statutes 1971, chapter 411; and the cities and borough of Belle Plaine, Special Laws 1868, chapter 36; Chaska, Special Laws 1891 , chapter 2; Henderson, Special Laws 1891 , chapter 3; St. Peter, Special Laws 1891 , chapter 5; New Prague, Special Laws 1891 , chapter 46; hakopee, Special Laws 1875, chapter 6;f and St. Charles, Special Laws 1879, chapter 57,-sfia11 cease to be governed erned by the/general or special incorporation acts jpecified� in this subdi sion and will thenceforth be goy erned and con1T`oliei3 ana-derive t ieir corporate legislative and other power's from ifielaws applicable to!taitiiorycities generallyand from such other `special laws as may be applicable to them: (9091E) 1996! 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MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O'Toole. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by Kirchmeier, seconded by Cook to approve the minutes of the April 5, 1993 regular meeting as kept . Motion carried. BILLS READ: City of Shakopee 20,032. 00 ABM Equipment and Supply, Inc . 120. 94 AIPB Home Study Course 39. 00 ARA/CORY Refreshment Services 104 . 00 Joe Adams 64. 42 American •Public Power Association 2,343 . 81 American Public Power Association 35 . 00 Sherri Anderson 24. 00 R.W. Beck and Associates 4,172 . 68 Bentz Construction, Inc . 360. 00 Border States Industries , Inc . 6 ,624 . 31 Burmeister Electric Co. 156 . 01 Business Essentials, Inc. 370 . 08 Chanhassen Lawn and Sports 12. 43 City of Shakopee 64 . 25 Clay' s Printing Service 36 . 16 Communication Auditors 175. 23 John Constantine 90. 02 Cooperative Power 39, 416 . 93 Crown Marking, Inc . 86 . 56 Cy' s Amoco and Tire 8. 95 DCA, Inc. 150. 00 Expressly Yours 534 . 50 FRESCO 40. 52 Gopher State One-Call , Inc . 322. 14 Graybar Electric Co. , Inc . 670. 82 Hance Cable Testing and Locating 281 . 30 Wayne/Sharon Hansen 170. 05 Leef Bros . , Inc . 36 . 17 Ray Lemieux 79 . 68 Locator and Monitor Sales 123 . 53 I Locators and Supplies 115 . 72 M-V Thermogas Co. -Chaska 8. 79 Metro Lawn Sprinklers 126 . 93 Mn Environmentalf Quality Board 259. 52 Mn Municipal Utilities Association 285. 00 Minn. Valley Testing Laboratories, Inc. 70.00 Motor Parts Service Co. , Inc. 139 . 52 Northern States Power Co. 353 ,428. 58 Northern States Power Co. 1 ,305 . 50 Parkside Printing, Inc . 403 . 07 Pitney Bowes, Inc . 90 . 92 Prior Lake Aggregates, Inc. 28. 61 Shakopee Public Utilities Commission 100. 95 Signs of Quality 95 . 85 Southam Business Communications, Inc . 209 . 79 Spuhl Anderson 354 . 60 Starks Cleaning Services , Inc. 72 . 42 Dean Struck 97 . 44 T & R Service 17 . 00 Total Tool 238 . 78 Utility Equipment Co. , Inc . 106 . 63 Valley Sports 156 .00 Lou Van Flout 67 . 55 Sharon L. Veglahn 18. 00 Voss Lighting 105. 91 Water Pro 8 , 945 . 76 WESCO 3 , 354. 22 Woodhill Business Products 1 , 724 .81 Yarusso' s Hardware 38 . 13 Minn . Safety Council 98 . 50 Mitch Mullins 78 . 75 Schoeii and Mad5On , Inc . 2,072. 57 Al Smith Excavating 357 . 50 Lou Van Flout 30 . 96 Hennen ' s ICO 8. J0 Jerry' s Lawn Service 902 . 06 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Mr. John Tripp, 3M Lighting Services , was present to inquire as to whether Shakopee Public Utilities Commission had an energy conservation program with some type of rebate for energy efficient lighting. Mr. Tripp was informed that a program is being developed at the present time with certain program standards and dollar limit guidelines being determined. Tom Haugen , Roy Marschall , Elmer Marschall , Harry Marschall and Attorney Tim Keene were present to object to the location of the new substation . Mr. Jim Streefland was in attendance to present the 1992 audit. The audit was discussed at length. Motion by Cook, seconded by Kirchmeier to accept the 1992 audit as prepared by Jaspers Streefland and Co. A copy will be forwarded down to City Hall . Mr. Bill Fahey was present to discuss the next step toward the bonding being undertaken by the Shakopee Public Utilities Commission for the purchase of the substation, water tower etc . The First Avenue watermain replacement was discussed. A cost projection of the Minn. Dept of Transportation was presented. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities approves the amount of $92, 715 . 00 in payment for the water portion of the Downtown bypass project under the Minnesota Department of Transportation Downtown, bypass contract . Motion carried. A memo from Manager Van Hout regarding the Downtown Alleys project dated 5/1/93 was discussed by the Commission . The scope of the project has changed from 10 blocks to 7 blocks therefore the cost estimates have decreased. Motion by Cook, seconded by Kirchmeier to approve the spending of $102,295 . 00 to cover the undergrounding of electric wiring in a 7 block downtown area as outlined in the memo from Lou Van Hout dated 5/1/93 and Dave Hutton dated April 14, 1993 . Motion carried. The electric rates projections will be forthcoming in the near future . Motion by Cook, seconded by Kirchmeier to approve and sign the memorandum of understanding concerning the use of services of the City Attorney. Motion carried. An agreement between the City and MnDot regarding the maintaining of traffic signals for the City of Shakopee was given to Manager Van Rout from City Engineer Hutton for his perusal . The Agreement was acceptable to the Shakopee Public Utilities . Motion by Kirchmeier, seconded by Cook to offer Resolution #400 a Resolution to Adopt New Personnel Policies for Employees of the Shakopee Public Utilities Commission . Ayes : Commissioners Kirchmeier, . O'Toole and Cook. Nayes : none . Resolution passed . Motion carried. A communication from Berkley Risk Services , Inc . regarding compliance with the State and Federal Government on certain areas covered in the Personnel Policies was discussed. 1 A draft of the Long Term water Study was given to the Commission by Manager Van Rout for review at the June meeting. The Minnesota Municipal Utilities summer meeting will be held beginning June 27 . Manager Van Rout informed the Commission that certificates of attendance were given to John Dellwo, Gene Pass , Marvin Athmann , Roger Hennen, Sheldon Moe and Kent Sanders for attendance at safety class . for attendance at There were five fire calls for a total of 4 hours and 50 minutes for the month of April, 1993 . There were no lost time accidents for April , 1993 . The next regular meeting will be held on June 7 , 1993 at 4 : 30 P .M. in the Utilities meeting room. Motion by Kirchmeier, seconded by O' Toole that the meeting be adjourned. Motion carried . 'bOCA,11( Barbara Menden 'mission Sec . MEMO TO: City Council All Department Heads FROM: Dave Hutton li SUBJECT: Special Assessment Policy DATE: June 1, 1993 Recently, the City Council revised the Special Assessment Policy as it pertains to the funding of sidewalks on collector and arterial streets. Attached please find the revised copy of Page 14 of the Special Assessment Policy. Please remove the existing Page 14 from your policy and replace it with this new page. landowners abutting rural gravel roads or for rural collector roads that have little or no direct driveway accesses to it . 5. Overlay, Seal Coats Overlays and sealcoats will not be assessed, but rather funded from the Pavement Preservation Fund. 6. Alleys Upgrading existing gravel alleys by adding pavement will be assessed 100% to the block in question. Reconstructing existing paved alleys will be 100% assessed also, except in the Central Business District (CBD) . For CBD alleys, the City Council will determine the amount assessed at the public hearing considering the improvements . B. Sidewalks and Trails 1. New Construction New sidewalks installed adjacent to collector or arterial streets will not be assessed. New sidewalks installed adjacent to local streets will be assessed 100% to the abutting property on which the sidewalk is located. 2 . Reconstruction Replacement sidewalks adjacent to local streets will be assessed 50% to the abutting property owner and 50% City funded. Sidewalks that are replaced next to collector or arterial streets will not be assessed. 3 . Trails Bituminous walkways or bicycle trails will not be assessed, but rather funded 100% by the City. C. Storm Sewer Improvements Storm sewer assessments shall normally be by the "area" method. A. New Storm Sewer Construction New trunk storm sewer installations will be funded 50% by the General City-wide Storm Sewer Utility Fund and 50% from a Special Benefit charge on the utility bills for all properties located within the benefitted drainage area of the improvements. If there are any oversized storm sewers for system wide facilities, the oversizing costs will be paid for out of the Storm Sewer Utility Fund. 14 City of Shakopee Police Department Civil Service Commission Minutes The Shakopee Police Civil Service Commission met on Tuesday, June 1, 1993 at the Shakopee Police Department. The meeting was called to order by Chairman Stan Von Bokern at 7:30 a.m. Notice of the meeting had been duly given by posting a notice at appropriate places as required. Chairman Von Bokern and Commissioner \Iuicrone were present. Commissioner Spagnolo was absent. Others present for the meeting were Chief Steininger. In the absence of the Secretary, the Chairman asked Commissioner Nlulcrone to act as Secretary. There was no old business. The posted agenda was then taken up. The only agenda item was the upcome Sergeant's test. After discussion, a motion was made, seconded and passed to adopt June 15 as the written test date and June 24 as the oral exam date. The following are the general guidelines which will be followed: June 4 Letter to candidates June 10 Candidate briefing session June 15 Written test June 21 Top five names and scores on written test returned to Commission June 24 Oral exam June 29 Final exam results to the Commission July 2 Top three names submitted to Council July 6 Appointment of new Sergeant After discussion, a motion was made, seconded and passed to adjust the weights of the exam as follows: Promotability Index supervisor from 15% to 12% Promotability Index Peers from 8-q to 6% Records of conduct, efficiency and seniority from 5q, to 9% (To improve consistency and fairness, the Commission also decided to have PDI review candidate records on this item.) There being no further agenda business, the meeting was adjourned at 8:05 a.m. Minutes of the Shakopee Police Commission Tuesday. June 1. 1993 Page 1 of 2 pages Pin vein cg Lorrecuons/M. I. iviuicrone. vepury Lon a ko I Li o-+rUcoo moo/I$.? Submitted by, R. T. \Iulcrone Commissioner and Acting Secretary Minutes of the Shakopee Police Commission Tuesday.June 1. 19 Pa_c 2 of 2 pa9cs MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 8, 1993 RE: Court Appearances Court work continues to increase. Attached is the latest monthly summary for your information. Some explanation of various differences may clarify the charts . In May 1992 I took a one-week vacation, which essentially eliminated some of the appearances for that month (some were done earlier in the month, and some were put off until June) . In March of this year new staff (?) at the court administrator' s office failed to schedule many cases, resulting in a light month at court for all jurisdictions, but a worse April . The new Assistant City Attorney, Pat McDermott, is doing well . His basic training is complete, and he is now handling court appearances alone . Although it will take me some time to dig out from under the backlog of work, you should begin to see some of the longer-term (i .e. not crisis) work being done soon. This is for your information. Signed 00 II OP' Karen Mar y, Ci' Attorney KEM:bjm [8MEMO2] Attachment cc : Dennis Kraft jgi gi %gi 011) LULU O1.1 Mill > C:1 Z � ° , Z < ,_ U cc imi , w LLJ - < 0 a.. 2 D / < ama _J 1H C MI z 0 IN•mmo 0 / -)-) 2 CC 2 y z >_ >, D co 17 IMIIIIIIIIIIIIim , <2 0 ii A c c0 % /. ccI / 2< in . w ,_1.. 1 '1 , Z 0 53 F- o co • �•� .•} CO N • • T coW cc v T SAONVUVDddd JO bf8BW(1N 73 Q) .4rn a) C U E u) m u) = u) 06 rts u) U a. c3 .. .--. \ C / , N as • (Y) a) _N � ... ......... \\\\\\\\\\1 Y////I//{/.i//////////////////////I/O//lam N N /��^ I T V1 VJN \ W Gi.. / //4 r I W1- co U -N °' i �ilititititi!iLi!%u!i!i!aw�liili?i!i!iliSi�i /////////////////////. //^O O Z Ir � Q —N cn < I I i • —rn W co cri N CO � l►G4:�S'�:itaWgi:►1�►.`►►1 NVbNN iiuiY////////, ////////////////////////////////. m a.. co _ co N Qmss, \\\\\\\ ■ , ,/IJII/I/ is '1 r co 1--- • — rn —N (I: CC �\�. .. v.... ..... \ .... III // /////////III//IOIO///I�rn 1 CD c7 O i\\\\`I1}lll/////.z _rIIO//O/IOIII////O//////III/////////O/////O//�N c U00 [,-.:,:-,':\:'t,'\\ \�;i 11 C,III'II�IIIII /eZ/Z /i/��/�/oi/oo���i�iiioiill� a) CO / '/ / / / / // / ///// �C) CD I co I W•V•!'i'i* `r • / / [31 4 N (j N ••••% ///////// /, 0) -c,--') T co o! �'RA�\\\\\\�tt-i t t�C//I/II//I/////!/I/IIIII�//////////O/////j/II/I///O/�N co r a / //// / /t� N j i i N C') P9C5i \\�\"1 i-t-i-t-tti-V /AMMil=1K9W ////O////�O/IO////41 N iiiiU///////////////////////. //////////////////////// rn T • • 0) C'0 f- (0 to V co N saauaaeaddy Jo .1egwnN * [ :, MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Major North-South Street Characteristics Map Alternative Land Use Strategies East Shakopee Area Transportation Study DATE: June 10, 1993 NON-AGENDA INFORMATION ITEM: The City Council will hold a joint meeting with the Planning Commission and the Community Development Commission on Tuesday, June 29, to discuss alternative land use strategies intended to guide the future development of the City. The decisions made on which land use strategies to implement, will play a primary role in shaping Shakopee for several decades to come. Obviously, planning the future development of the City is a complicated task with numerous parts to consider. Developing a land use plan to guide the future development is comparable to assembling a huge jigsaw puzzle. We start by looking for the straight-edged pieces to help frame the overall picture. One of the straight edged pieces suggested by the Planning Commission is the "Major North-South Streets Characteristics Map" . This map has been recommended by the Planning Commission for approval as a conceptual guide for land uses on each side of the Shakopee Bypass along each of the major north-south streets or highways . The major north-south streets intersecting with the Shakopee Bypass include TH 169, CR 15, CR 17, CR 83 , and CSAR 18 . The attached Planning Commission memo includes a map illustrating the land use character of each of the major north-south streets . This memo is being forwarded to the City Council members at this time as background information. The Characteristics Map will be included as part of the discussion on June 29 . Additional information will be forwarded prior to the June 29 meeting. 412 MEMO TO: Shakopee Planning Commission FROM: Lindberg S . Ekola, City Planner RE: Proposed Land Use Alternatives - Memo #4 East Shakopee Area Transportation Study Comprehensive Sewer Plan 1990 - 2010 Shakopee Comprehensive Plan DATE: May 28, 1993 INTRODUCTION: At the May 13, 1993 meeting the Planning Commission continued the public hearing for the proposed amendment to the 1990 - 2010 Shakopee Comprehensive Plan to the June 3 , 1993 meeting. BACKGROUND: The Planning Commission directed staff to divide the East Shakopee Transportation Study Area into smaller areas for review purposes. The Planning Commission also directed staff to return the conceptual Major North-South Streets Characteristics Map for a formal recommendation to the City Council . DISCUSSION: A joint meeting with the Community Development Commission (CDC) was held at the May 13th meeting. The purpose of the joint meeting was to incorporate input into the planning process from a community and economic development perspective. The discussion was lively and some general consensus was developed by the two commissions . The discussion also provided additional direction to staff in the development of an appropriate land use strategy for the City of Shakopee. Major North-South Street Characteristics Map Attached as Exhibit A is a copy of the conceptual map illustrating the general land use characteristics along the major north-south streets in the City of Shakopee. Each of the major streets will intersect with the Shakopee Bypass . The Shakopee Bypass will create a new series of entry points into the City as it relates to the Twin Cities metropolitan area as well as to the southwest portion of the State of Minnesota. In a sense, Shakopee is a gate way to both the rural outstate areas and to the urban Minneapolis/St . Paul metropolitan areas . Each major north-south street intersecting with the bypass already has an established land use character even though much of the land is not developed. The future development encouraged by the improved regional access, should build from these existing characteristics . Exhibit A illustrates the general characteristics of each of north- south streets including Highway 169, CR 15, CR 17, CR 83 , and CSAH 18 . The conceptual plan is intended to represent the general land use characteristics along each of these transportation corridors . No development timing, development acreages, or development intensities are recommended with this plan. It is intended to be a conceptual for the development of the land use strategies . Staff recommends that the Planning Commission recommend to the City Council, the adoption of this conceptual plan. Proposed Land Uses West Of CR 83 The Planning Commission directed staff to divide the study area into smaller areas. The first area to be addressed is that west of CR 83 . At the time of final preparation for the June Planning Commission packet, the proposed land use plan for the area west of CR 83 was not complete . Staff will forward the remaining portion of this memo when it is completed early next week. ALTERNATIVES: 1 . Recommend approval to the City Council of the Major North- South Streets Characteristics Map. 2 . Do not recommend approval to the City Council . 3 . Provide specific changes to the characteristics map and forward a recommendation to the City Council for its approval . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Offer a motion to recommend to the City Council approval of the Major North-South Streets Characteristics Map, and move its approval . s. .4 • .. •�. — .1...... \ • I ,.. itr•c. , „,..-... ...,-,::. ...,.., _ , . ,,.... . ..... .... •_ _ 4i4 _- . ` I Yui i _ ;; CSAH 18 2� � I ' .r Regional I 1 TH 1--- Commercial - \ , \ s \ , i. , 40/ ,, ..... ! I . , , Gateway \ I III I i To The .`,� Fest ' I �ig • I �� I 1�.:� __ Rural __ �• I I - Residential 1 hI Ir 1 ill 1 t 1 4. ,-- • i -.. .` i r a r_ II I I ' '� i����" II. �_� cs I •\ .• I Lr." 1 i ..... ! ( S.� .- k v "' , .407: .*-1.6' X‘57 1/gl. ti, \,N, I Tilille. .71, -ifigilWI:;=:felliVAII ! I i I ....„2,..--7 . -_ ' -1- EI ..., I I • Z • 2 a / #17 CITY OF SHAKOPEE REVENUE REPORT AS OF 05/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED FUND 001 GENERAL FUND 3100 PROPERTY TAX 2,357,630.00 0.00 55,993.03 -2,301,636.97 2.37 3104 FISCAL DISPARITIES 318,380.00 0.00 0.00 -318,380.00 0.00 3140 LODGING TAX 75,000.00 5,638.33 25,038.58 -49,961.42 33.38 SUBTOTAL TAXES $2,751,010.00 $5,638.33 $81,031.61 $-2,669,978.39 2.95 3212 CABLE FRANCHISE 36,000.00 0.00 19,365.46 -16,634.54 53.79 3215 TRACK FRANCHISE 0.00 0.00 0.00 0.00 0.00 3220 LIQUOR LICENSE 62,000.00 0.00 1,335.00 -60,665.00 2.15 3221 BEER LICENSE 4,500.00 844.00 1,094.00 -3,406.00 24.31 3223 CIGARETTE LICENSE 800.00 0.00 30.00 -770.00 3.75 3229 MISC BUSINESS PERMITS 600.00 0.00 1,375.00 775.00 229.17 3240 BUILDING,PERMITS 150,000.00 19,334.90 70,556.65 -79,443.35 47.04 3241 PLUMBING PERMITS 24,000.00 1,581.00 9,961.46 -14,038.54 41.51 3242 MECHANICAL PERMITS 10,160.00 1,094.65 4,431.31 -5,728.69 43.62 3243 ELECTRICAL PERMITS 25,060.00 3,173.00 11,479.00 -13,581.00 45.81 3244 SEWAGE SYSTEM PERMITS 0.00 187.50 412.50 412.50 0.00 3245 SEWER & WATER PERMITS 3,500.00 510.00 1,995.00 -1,505.00 57.00 3250 STREET OPENING PERMITS 2,500.00 500.00 1,000.00 -1,500.00 40.00 3260 DOG LICENSES 300.00 25.00 116.00 -184.00 38.67 SUBTOTAL LICENSES & PERMITS $319,420.00 $27,250.05 $123,151.38 $-196,268.62 38.55 3341 LGA 147,220.00 0.00 0.00 -147,220.00 0.00 3342 HACA 417,230.00 0.00 0.00 -417,230.00 0.00 3343 MOBILE HOME 800.00 0.00 0.00 -800.00 0.00 3346 POLICE TRAINING REIMBURSEMENT 6,500.00 0.00 5,933.34 -566.66 91.28 3348 STATE AID - MAINT 18,200.00 0.00 51,582.00 33,382.00 283.42 3351 STATE AID - POLICE 76,000.00 0.00 0.00 -76,000.00 0.00 3361 AGGREGATE 8,000.00 0.00 0.00 -8,000.00 0.00 SUBTOTAL INTERGOVERNMENTAL REVENUE $673,950.00 $0.00 $57,515.34 $-616,434.66 8.53 3404 ADMINISTRATIVE CHARGES 70,400.00 1,925.30 5,522.01 -64,877.99 7.84 3406 PLAN CHECK 87,600.00 10,838.00 39,333.00 -48,267.00 44.90 3407 SALE OF DOCUMENTS 4,000.00 368.20 1,732.85 -2,267.15 43.32 3408 ASSESSMENT SEARCHES 2,200.00 830.00 2,620.00 420.00 119.09 3409 RELEASE OF DEVELOPER AGREEMENT 0.00 60.00 120.00 120.00 0.00 3410 COMPREHENSIVE PLAN FEE 0.00 50.00 100.00 100.00 0.00 3411 LAND DIVISION ADMINISTRATION 8,000.00 950.00 11,496.22 3,496.22 143.70 3420 POLICE SERVICES 12,600.00 0.00 11,718.00 -882.00 93.00 3421 FIRE SERVICES 25,000.00 608.00 5,146.00 -19,854.00 20.58 3424 POUND FINES & FEES 1,200.00 0.00 374.00 -826.00 31.17 3425 VALLEY FAIR 11,000.00 0.00 12,336.48 1,336.48 112.15 3430 SNOW REMOVAL 2,000.00 0.00 7,380.75 5,380.75 369.04 3432 PUBLIC WORKS RENTAL 0.00 661.00 661.00 661.00 0.00 3433 MISC PUBLIC WORKS 2,500.00 1,517.50 2,032.54 -467.46 81.30 3435 ENGINEERING FEE 306,580.00 49,252.05 72,712.65 -233,867.35 23.72 CITY OF SHAKOPEE Page 2 REVENUE REPORT AS OF 05/31/93 CURRENT T.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED = ====_===__ ========-======= ===sass ==_T. 3436 ENGINEERING GRADE FEE 2,000.00 255.00 1,479.00 -521.00 73.95 3450 REFUSE CHARGES 520,000.00 42,240.73 200,490.64 -319,509.36 38.56 3452 REFUSE COUPONS 0.00 1,577.50 4,841.25 4,841.25 0.00 3470 POOL SEASON TICKETS 16,000.00 274.00 9,517.00 -6,483.00 59.48 3471 POOL ADMISSIONS 20,000.00 10.00 164.00 -19,836.00 0.82 3472 POOL SWIMMING LESSONS 10,000.00 869.00 4,230.00 -5,770.00 42.30 3473 POOL SLIDE FEES 11,000.00 0.00 0.00 -11,000.00 0.00 3477 YOUTH ACTIVITIES 39,190.00 2,127.50 14,183.40 -25,006.60 36.19 3478 ADULT ACTIVITIES 37,700.00 60.00 4,186.00 -33,514.00 11.10 3479 CONCESSIONS 10,500.00 0.00 637.05 -9,862.95 6.07 3481 NON-RESIDENT FEE 2,500.00 220.00 350.00 -2,150.00 14.00 3489 NON-RESIDENT FEE/TOWNSHIP PYMT 3,300.00 0.00 20.00 -3,280.00 0.61 3490 OTHER RECREATION FEES 5,900.00 460.00 1,885.00 -4,015.00 31.95 SUBTOTAL CHARGES FOR SERVICES $1,211,170.00 3115,153.78 4415,268.84 S-795,901.16 34.29 3500 FINES & FORFEITS 102,000.00 4,419.27 28,220.75 -73,779.25 27.67 SUBTOTAL FINES & FORFEITS $102,000.00 $4,419.27 $28,220.75 S-73,779.25 27.67 3620 MISCELLANEOUS 20,000.00 -710.00 3,105.15 -16,894.85 15.53 3621 INTEREST 100,000.00 0.00 0.00 -100,000.00 0.00 3622 RENTS 2,220.00 550.00 3,184.00 964.00 143.42 3623 CONTRIBUTIONS 8,000.00 225.00 5,470.00 -2,530.00 68.38 SUBTOTAL MISCELLANEOUS &130,220.00 $65.00 411,759.15 S-118,460.85 9.03 3920 OPERATING TRANSFERS 889,400.00 0.00 0.00 -889,400.00 0.00 3921 TRANSFER FROM ELECTRIC FUND 274,384.00 20,032.00 100,160.00 -174,224.00 36.50 SUBTOTAL TRANSFERS IN $1,163,784.00 $20,032.00 $100,160.00 S-1,063,624.00 8.61 CITY OF SHAKOPEE Page 3 REVENUE REPORT AS OF 05/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED FUND GENERAL FUND TOTAL 56,351,554,00 $172,558.43 3817,107.07 $-5,534,446.93 12.86 CITY OF SHAKOPEE EXPENSE REPORT AS OF 05/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED = __== _=_==== ___== ====___ = _ FUND 001 GENERAL FUND 4101 WAGES FT REG 2,231,126.00 163,136.29 845,523.49 -1,385,602.51 37.90 4102 OVERTIME-FT 47,300.00 2,926.97 18,060.43 -29,239.57 38.18 4110 WAGES - TEMP 273,494.00 6,352.03 47,198.51 -226,295.49 17.26 4111 OVERTIME-TEMP 1,000.00 0.00 0.00 -1,000.00 0.00 4121 PERA 162,225.00 12,195.09 63,044.82 -99,180.18 38.86 4122 FICA 123,293.00 8,758.41 44,253.43 -79,039.57 35.89 4124 FIRE PENSION 25,200.00 0.00 0.00 -25,200.00 0.00 4125 MEDICARE 4,729.00 0.00 0.00 -4,729.00 0.00 4131 HEALTH & LIFE 218,925.00 12,939.97 63,117.96 -155,807.04 28.83 4142 UNEMPLOYMENT 0.00 0.00 12.99 12.99 0.00 4151 WORKERS COMPENSATION 83,448.00 0.00 71,330.00 -12,118.00 85.48 4170 COMPENSATED ABSENCES 23,400.00 0.00 0.00 -23,400.00 0.00 SUBTOTAL PERSONNEL SERVICES $3,194,140.00 $206,308.76 $1,152,541.63 $-2,041,598.37 36.08 4210 OPERATING SUPPLIES 102,460.00 7,061.95 29,973.33 -72,486.67 29.25 4215 MATERIALS 29,000.00 4,174.96 15,213.50 -13,786.50 52.46 4222 MOTOR FUELS & LUBRICANTS 35,600.00 927.25 7,979.00 -27,621.00 22.41 4230 BUILDING MAINT 84,320.00 6,501.62 12,631.48 -71,688.52 14.98 4240 EQUIPMENT MAINTENANCE 86,450.00 5,973.06 27,765.74 -58,684.26 32.12 4242 PAVEMENT PRESERVATION 95,000.00 0.00 0.00 -95,000.00 0.00 4250 MERCHANDISE 11,500.00 0.00 0.00 -11,500.00 0.00 4310 PROFESSIONAL SERVICES 369,680.00 30,475.29 90,527.57 -279,152.43 24.49 4316 FILING FEES 1,830.00 17.00 34.00 -1,796.00 1.86 4320 POSTAGE 9,600.00 1,871.06 4,995.24 -4,604.76 52.03 4321 TELEPHONE 25,380.00 3,142.78 9,297.86 -16,082.14 36.63 4330 TRAVEL/SUBSISTENCE 16,410.00 287.11 2,574.11 -13,835.89 15.69 4340 ADVERTISING 4,000.00 399.00 1,414.05 -2,585.95 35.35 4350 PRINTING/PUBLISHING 34,070.00 2,073.90 7,650.58 -26,419.42 22.46 4360 INSURANCE 143,000.00 0.00 0.00 -143,000.00 0.00 4380 UTILITY SERVICE 659,750.00 48,121.52 205,822.12 -453,927.88 31.20 4390 CONFERENCE/SCHOOL/TRAINING 32,700.00 1,483.00 7,976.50 -24,723.50 24.39 4410 RENTALS 35,340.00 3,242.00 13,797.66 -21,542.34 39.04 4430 MISCELLANEOUS 10,100.00 84.30 2,319.58 -7,780.42 22.97 4431 CASH SHORT/OVER 0.00 0.00 -10.40 -10.40 0.00 4433 DUES 21,490.00 40.00 8,360.12 -13,129.88 38.90 4435 SUBSCRIPTIONS/PUBLICATIONS 0.00 302.90 1,483.97 1,483.97 0.00 4437 PROPERTY TAX/SPECIAL ASSESS 2,000.00 484.38 6,949.94 4,949.94 347.50 4438 SALES TAX 0.00 0.00 131.36 131.36 0.00 4490 CONTINGENCY 99,240.00 0.00 14,414.39 -84,825.61 14.52 SUBTOTAL SUPPLIES & SERVICES $1,908,920.00 $116,663.08 4471,301.70 S-1,437,618.30 24.69 4550 EQUIPMENT 905,810.00 4,860.67 83,790.85 -822,019.15 9.25 SUBTOTAL CAPITAL EXPENDITURES $905,810.00 $4,860.67 $83,790.85 S-822,019.15 9.25 4720 INTERFUND OPERATING TRANSFERS 0.00 0.00 0.00 0.00 0.00 CITY OF SHAKOPEE Page 3 EXPENSE REPORT AS OF 05/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND GENERAL FUND TOTAL $6,008,870.00 $327,832.51 $1,707,634.18 $-4,301,235.82 28.42 #18 TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Street Closing DATE: 06 11 93 INTRODUCTION: Non-agenda information item. BACKGROUND: Council has indicated that they wish to be notified when permission is granted to close a street for a civic function. <<t. City of Shakopee4.00,1g; 14i°KO,o POLICE DEPARTMENT11 V 0110 <(\ tr . `. 476 South Gorman Street O. • ii•nat � SHAKOPEE, MINNESOTA 55379 0 L 1 C j Tel. 612/445-6666 no44i:Vb. Fax. 612/445-2313 AKOPF NES 1111; . June 10, 1993 Father Michael Sauber, Pastor Church of Saint Mary 535 South Lewis Street Shakopee, Minnesota 55379 Father Sauber: Your request to close 6th Avenue between Lewis and Sommerville Streets on June 26, 1993 from 5:00 p.m. until 11:00 p.m. and on June 27, 1993 from 9: 00 a.m. until 7:00 p.m. is approved. As always, our main concern is the safety of the public and access to people on the street in question. You have apparently addressed both of these issues. I hope your parish festival is enjoyable and successful. Cordially, Tom Steininger Chief of Police J O �JEtvE «O 'Lotect • ,.., Church of St. Mary • • 4,t,A. 535 South Lewis Street . . . Shakopee, MN 55379-1499 • .7ian .1 , , • rier M ..:,-. . • wt- i. in;:: at -he rt, quest Qf the park4A/ festival co.-!.rilittc::e ravr:2iing 1--he ricsin:q to threg:1 traffic . , ..,ixth Aveoue durir,g the tix,:,:,* of o'.:r pa.ci2h !Aa (tn.:I cc tl' le !--.:- .1 . 'f-1. E.F, : ••='t'='S an.! • . 5 : OG- j(j !. .1 '..:.:n Ji:'-s 2r.ith! '.: • C' ' ,'-'-',-.77 • : . • . z71 .1.- cr ,:i-- : ,. PGlIce th:: th , . t:: ", it . Ti.11 .: • . :- 51.7e re,.r.' i.,2,_ in 1g9: Eln:7! nrjor . :e c:1(.., g t.•-, ...h:' .1 traffic f•:-.v ':-- ,'•:: e•:".. p7 .'7; !f.y ' l •..,--:):,1,.3 havi4 ;i (--:- durints t'T.e tir..1.e noted i:,.-•_-_ . ,7 .1 i i • ..r-7'4-7 4,-- -ef---131--(•/-e-t-1 t f• 0 tor _____. ....._ • . .._......._..____..............—__ .....-.._... - c4 •" • / 4 II_C- .. :-.7-------, '1. . J -—c", — - • I ------FT -1- as .X. -- .- 4 4m,, _. F 'On )/)127,) A.41-) d D..1 h.',) c,-7 --76—.41 d .03 00 - 0,:yol!c:i 0-1- • II i m Lf ooik '%,:i mai' -----775-A-P.It. fvIiki/;\77717-16): w Qj, , .04 oil / 4 SOfied-Zil 119/,OU.191.1.11011p.1.1SLMJI rat , I-•.1q„11-lsod L _1 . 10 'd • 09990 'ON XV.d eedoms JO 6110 LI : il Alii ES-01—NAt TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 15, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS a] Chuck Dustrud, Administrative Manager, Scott County Human Services 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of May 18th and June 1st, 1993 8] Communications: a] Presentation of Auditor's Report for 1992 b] Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. , regarding SPUC substation site c] Lee Vickerman, Jaspers Moriarty & Walburg, P.A. , regarding Mielke cartway 9] 7 : 00 P.M. Public Hearing on $3 , 200, 000 Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) , Series 1993 - Res. No. 3818 10] Boards and Commissions: Planning Commission: *a) Final Plat of Parkview 1st Addition, located east of Marschall Road and north of Vierling Drive - Res. 3810 b] Amendment to Zoning Ordinance to Allow Wood Preservation Facilities With A Conditional Use Permit In An I-1 Zone *c] Temporary Overhead Electrical Line Along Vierling Dr. , East of Marschall Road - Res. No. 3811 *d] Permanent Overhead Electrical Line Along CR-78 Between CR-79 and CR-17 - Res. No. 3812 TENTATIVE AGENDA June 15, 1993 Page -2- 11] Reports from Staff: a] 1993-94 Clerical, Custodial, Technical Employees Contract b] Award Bid on Aerial Apparatus - memo on table *c) Purchase of Property South of Senior High *d] Approve Bills in the Amount of $3 , 727,478.49 (includes purchase of investment for $2,797, 823 . 00) e] 1993/94 Insurance Renewals *f] Set Liquor Ordinance Violation Hearings g] Chaska Interceptor h] Mn.DOT Right-of-Way Acquisitions at Tahpah & Lions Parks *i] Authorization of Leave Without Pay j ] Bond Issue - verbal update 12] Resolutions and Ordinances: *a] Res. No. 3813 - Resolution of Appreciation to Board of Review *b] Res. No. 3814 - Apportioning Assessments for Prairie Estates 3rd Addition *c] Res. No. 3815 - Accepting Bids on 1993 Sidewalk Replacement, Project No. 1993-11 *d] Res. No. 3816 - Accepting Bids on Minnesota, Dakota, Alley, Project No. 1993-5 *e) Res. No. 3817 - Approving Plans & Specs and Ordering Ad for Bids for Shakopee Bypass Drainage *f] Ord. No. 357 - Establishing Regulations for Parades and Races *g] Res. No. 3819 - Premises Permit for Shakopee Jaycees 13] Other Business: a] Ex-officio member on Zoning Ordinance Advisory Committee b] c] d] 14] Recess for Executive Session to discuss collective bargaining 15] Re-convene 16] Adjourn to Wednesday, June 23 , 1993 at 7: 00 P.M. Dennis R. Kraft City Administrator REMINDER: June 23rd - 7 : 00 P.M. Budget Worksession June 29th - 7 : 00 P.M. Joint Meeting with P.C. and CDC on Alternative Land Use Planning Strategies and the East Shakopee Area Transportation Study HUMAN SERVICES BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA 50j Date May 4 , 1993 Resolution No. HSB9300 8 Motion by Commissioner Foslid Seconded by Commissioner Behm RESOLUTION No. HSB93008; ACKNOWLEDGING THE CONTRIBUTION OF THE SHAKOPEE DIAL-A-RIDE TO SCOTT COUNTY ADULTS WITH DEVELOPMENTAL DISABILITIES • WHEREAS, on October, 1990, Scott County Human Services received a "Travel Skills Demonstration Project" Grant from the Regional Transit Board; and WHEREAS, training was completed in cooperation with Shakopee Dial-A-Ride; and WHEREAS, the Shakopee Energy and Transportation Committee decided to continue offering services to The Workplace clients at a reduced rate; and WHEREAS, the training has not only increased clients' passenger skills, but also opened opportunities for clients who rely on Shakopee Dial-A-Ride for transportation for employment and other necessities of life, NOW, THEREFORE BE IT RESOLVED by the Human Services Board in and for the County of Scott, Minnesota, that they recognize and express appreciation to the Shakopee City Council and Energy and Transportation Committee for their continued consideration of County residents with Developmental Disabilities. YES NO • Malz X Malz Behm X Behm Foslid X Foslid Underferth X Underferth Mackie X ' Mackie State of Minnesota } County of Scott } ss. I, Eileen Moran, Duly appointed, qualified and the Human Services Director for the County of Scott, State of Minnesota do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Human Services Board of County Commissioners, Scott County, Minnesota, at their session held on the 4th day of Kay . 1993 , now on file in my office, and have found the same to be a truand correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota, this day of May, 1 9 9 3 By ``'Y� OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 18 , 1993 Mayor Laurent called the meeting to order at 8 : 00 PM with Cncl . Vierling, Lynch, Beard and Sweeney present . Also present : Dennis R. Kraft, City Administrator; Barry Stock, Asst City Administrator; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Judith S . Cox, City Clerk. Mayor Laurent added to the agenda MWCC solid waste breakfast . Mr. Kraft added to the agenda MWCC public hearing. Cncl . Beard added microphones to the agenda. Mr. Kraft suggested adding an Executive Session after the regular session to discuss litigation and a collective bargaining update. Beard/Lynch moved to approve the agenda as changed. Motion carried unanimously. Liaison reports were given by the Councilmembers . Mayor Laurent gave the Mayor' s report . Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. Mr. Hauer, 2088 Hauer Trail, was concerned with the changing of interest rates on Green Acres for assessments . Mayor Laurent stated that staff will look into the matter. Councilmembers deleted 7a) approval of minutes of May 4 , 1993 from the consent business . Vierling/Beard moved to approve the consent business as changed. Motion carried unanimously. Cncl . Sweeney stated that on page 5 of the May 4 , 1993 minutes, he had been misstated. He stated that he had stated other options other than closing the boat ramp and did not want this statement to stand alone . Lynch/Vierling moved to direct staff to make editorial change to the minutes of May 4, 1993, and approval of the minutes as amended. Motion carried unanimously. Mayor Laurent opened the public hearing on the 1993 Sidewalk Replacement Program, 1993-11 at 8 :15 PM. Mr. Hutton gave a brief presentation on the funding of the sidewalks and the locations of the replacements . He stated the assessments would be about $75 a square of sidewalk, half would be assessed. Official Proceedings of the May 18 , 1993 Shakopee City Council Page -2- Cncl . Sweeney stated that some of these sidewalks are more of an advantage for public use than for property owners . He felt that the same policy should apply on collector and arterial streets for sidewalk replacements as the City adopted for new construction. Mr. Hutton stated that City Code states that any sidewalk replacement is 50 percent assessed and therefore the Council would need to amend the City Code . He also stated that the railroad had been assessed, but they did not have to pay for the areas where they cross the City sidewalks because they gain no benefit . Mayor Laurent asked if there was anyone in the audience who wished to speak. There was no response. Mayor Laurent closed the public hearing at 8 :33 PM. Vierling/Beard offered Resolution No. 3799, A Resolution Ordering an Improvement and Authorizing Advertisement for Bids for the 1993 Sidewalk Replacement Program, Project No. 1993-11 and moved its adoption. Motion carried unanimously. Sweeney/Lynch moved to direct Staff to prepare an amendment to the City Code and/or assessment policy depending on which is appropriate to make it consistent treatment for installation and repair of sidewalks ON collector and arterial streets . Motion carried unanimously. Vierling/Beard offered Resolution No. 3795, A Resolution Amending Resolution No. 3742 , the Resolution Approving the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, and moved its adoption. (Motion carried under consent business . ) Mr. Ekola gave a presentation on the Parkview 1st Addition Preliminary Plat . Cncl . Sweeney commented that the Council did not receive the Planning and Zoning Commission minutes until this evening and therefore did not have enough time to review them carefully. He stated that he would like to receive these sooner and asked Staff to try to do that . Council discussed thoroughly the issue of allowing only ten percent twin homes on this property. Ms . Cox explained that one condition on some plats limits twin homes to ten percent and the construction plans identify which lots they might be . If the developer decided to insert double Official Proceedings of the May 18 , 1993 Shakopee City Council Page -3- hook ups on less than ten percent than the City would issue building permits . Mr. Dahlke, Dalles Properties, stated that they had not intended to put more than 10o twin homes on the property, but rather keep it single family and commercial development . He commented that he did not want more than ten percent . Sweeney/Vierling moved to amend Resolution No 3798 , A Resolution Approving the Preliminary Plat for Parkview 1st Addition, to include that no more than ten percent of the lots would be twin homes lots . Motion carried unanimously. Sweeney/Beard offered Resolution No. 3798, a Resolution Approving the Preliminary Plat for Parkview 1st Addition as modified, and moved its adoption. Mr. Dahlke stated that the legal description should be amended on the Resolution because it says : East ten acres . That part is not correct and should be changed. Cncl . Sweeney moved to withdraw his motion. Sweeney/Beard offered Resolution No. 3798, a Resolution Approving the Preliminary Plat for Parkview 1st Addition as modified, with the description reading "That part of the Northeast quarter" and deleting the portion stating the East ten acres, and moved its approval . Motion carried unanimously. Mr. Ekola gave a presentation on the Westridge Bay Estates II Preliminary Development Plan. Mr. Mike Gair, McCombs, Frank, Roos & Associates, Inc. , representing Mr. Darrel Gonyea, gave a descriptive presentation of the property and the tests and observations that had been done . Council discussed the issue of the DNR reports not being available and suggested tabling until these reports were made available. Council also talked extensively on whether a fire truck would be able to turn around in the amount of area that would be provided and whether the fire truck would be able to cross the bridge or whatever would be in place to the two islands . Sweeney/Beard offered Resolution No. 3797, a Resolution Approving the Preliminary Development Plan for Westside Bay Estates II, with conditions, and moved its adoption. Official Proceedings of the May 18 , 1993 Shakopee City Council Page -4- Further discussion was held by the Council on the size of the cul-de-sac and the variances being recommended by the Planning Commission. Ms . Marty stated that the preliminary development plan should be well thought out and should be very similar to the final plan. Sweeney moved to table . Mr. Gair stated that he would rather the Council did not table, but would prefer going through each of the variances and other questions Council may have now. He asked if staff could get a second measure of the length of the cul-de-sac . Cncl . Vierling also stated that she would like information on septic systems . Mayor Laurent commented on the variances . Sweeney/Vierling moved to table the preliminary development plan for Westridge Bay Estates II until the next regular meeting. Motion carried with Cncl . Beard dissenting. Mayor Laurent recessed the City Council meeting for a break at 10 :25 PM. Mayor Laurent reconvened the City Council meting at 10 :35 PM. Mayor Laurent passed the gavel to Vice Mayor Lynch and abstained from the Stonebrooke 2nd Addition Preliminary Plat, since there is a professional conflict . Mr. Ekola gave a brief presentation of the project . He stated that Staff is requesting a change on condition 6, stating that grading and erosion control plan should be approved prior to the approval of final plat, rather than the preliminary plat . Mr. Ekola explained the park dedication fees and recommended getting an appraisal of the property. He also acknowledged receiving a letter from Mr. Kent Harbison, Fredrikson & Byron, P.A. Attorneys At Law, on behalf of the Notermann' s, reiterating their opposition to the plat . Gary Laurent, Laurent Builders, stated that the value of the land used to determine park dedication is based on raw value not after it' s improved. Sweeney/Beard offered Resolution No. 3796, a Resolution Approving the Preliminary Plat of Stonebrooke 2nd Addition, with the indicated changes by Staff, and moved its adoption. Motion carried with Mayor Laurent abstaining. • Official Proceedings of the May 18, 1993 Shakopee City Council Page -5- Vierling/Beard moved to direct staff to hire an appraiser at a fee not to exceed $1, 000 to perform an appraisal of the parcels in the second and third phases in the Stonebrooke PUD. Motion carried with Mayor Laurent abstaining. Vice Mayor Lynch returned the gavel to Mayor Laurent . Councilmembers discussed the City logo stating that they would like the church steeple redrawn to look like the present steeple, and to include the Rahr tower and the bridge on the logo. Regarding the tag line date, Mr. Kraft stated that the City was originally incorporated in 1857 but then dissolved by action of State legislature and reincorporated in 1870 . Council decided to use 1857 on the tag line . Cncl . Beard volunteered to go with Mr. Stock to help finalize the logo drawing. Vierling/Beard offered Resolution No. 3801, A Resolution Establishing Municipal State Aid Highways for Pike Lake Road from County Road 16 to the South Corporate Limits and moved its adoption. (Motion carried under consent business . ) Vierling/Beard moved to authorize the purchase of a Toro Groundmaster 455-D mower from MTI Distribution for a total cost of $35, 821 . 28 . (Motion carried under consent business . ) Vierling/Beard moved to approve bills in the amount of $924 , 745 . 74 . (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3804, A Resolution Amending Resolution No. 3525, Adopting the 1992 Pay Plan, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard moved to appoint Mr. Jim Grampre to fill the Building Inspector/Code Enforcement Officer position starting at Step 2 of the 1992 Pay Plan effective May 24, 1993 . (Motion carried under consent business. ) Vierling/Beard moved to authorize the appropriate City officials to execute a lease agreement by and between Krucial Data Supply Inc . and the City of Shakopee for second floor office space at the former City Hall building for a six month period with the option to rent monthly thereafter effective June 1, 1993 at a rate of $460 . 00 per month with the tenant responsible for all telephone related costs . (Motion carried under consent business . ) Rich Riechow, Chief Financial Officer for Ladbroke Racing Inc . , stated that Pace Entertainment had contacted Ladbroke to put up Official Proceedings of the May 18 , 1993 Shakopee City Council Page -6- an outdoor music entertainment facility at Canterbury Downs . He also stated they could use catering services from Mystic Lake to hold conventions and possibly have a recreation type facility for batting cages . Mr. Riechow stated that there is a possibility to use one of the buildings for a ice hockey arena. He asked for a visible show of support for the concept before spending dollars to pursue studies needed. Mr. Riechow suggested amending the zoning ordinance to include the oytapproximatelynment facility. to 500 people onthat a 12the monthfacility basis, both employ app Y part time and full time. Cncl . Lynch stated she would not oppose looking into the amphitheater concept further, but did not know how the noise issue would be resolved. Mr. Riechow commented that about 20 to 40 events would occur per year. He stated that the Target Center would be involved with the events . Mayor Laurent commented that a conditional use permit could be used instead of a PUD. It was the general feeling of Council that Ladbroke Racing, Inc. should follow the necessary procedures in having their amphitheater concept considered. Vierling/Beard moved to terminate Officer Patrick' s probationary status . (Motion carried under consent business . ) Mr. Stock gave an update on the Bond Referendum. It was suggested to reschedule the Committee of the Whole meeting to Wednesday, June 2, 1993 , at 5 : 00 P.M. as opposed to having it at 8 : 00 P.M. on May 25th after the informational meeting on the Referendum. Vierling/Beard offered Resolution No. 3803 , A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3794, A Resolution Authorizing Issuance and Sale of General Obligation Tax Increment Refunding Bonds, Series 1993A and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3800, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue Official Proceedings of the May 18 , 1993 Shakopee City Council Page -7- North to the Alley, Project No. 1993-5 and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3802, A Resolution Amending the Special Assessment Policy and moved its adoption. (Motion carried under consent business . ) Mr. Kraft stated that the MWCC would be holding breakfast meetings seeking input to their proposed 1994 budget and he would need to know who would be attending in order to make reservations . Mr. Kraft commented on the public hearing for Chaska Wastewater Treatment Plant Phase Out . Mayor Laurent commented that he would be attending. Cncl . Vierling stated that Chaska is supporting the third alternative for the forcemain. Cncl . Beard suggested putting 2 more microphones on the Council table. Mr. Stock stated it would cost about $1, 000 and stated that he would look into getting a clip on microphone for when people walk around and talk. Mayor Laurent adjourned the City Council meeting for an Executive Session at 12 : 03 A.M. Mayor Laurent re-convened the meeting at 12 :25 A.M. and stated that no action was taken during the Executive Session. Mayor Laurent adjourned the City Council meeting at 12 :25 A.M. 0 41, 4a 4(.., •ith S. Cox ty Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 1, 1993 Mayor Laurent called the meeting to order at 7 : 03 p .m. with Councilmembers Vierling, Beard and Sweeney present . Councilmember Lynch arrived during the HRA meeting. Also present were Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S . Cox, City Clerk; Lindberg Ekola, City Planner. Dave Hutton, Public Works Director arrived later in the meeting. Mr. Kraft asked that item 15b, personnel related issue be added to the agenda. Sweeney/Vierling moved to approve the agenda as amended. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7 : 07 p.m. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor' s report . Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. Jon Albinson, Valley Green Business Park, explained that they are in the business of land development and that they have commissioned a market analysis by the McComb Group. He provided Council and staff with a copy of the September 1992 Market Analysis of Valley Green Business Park and stated that he thought the report may provide some benefit to the City of Shakopee in a number of studies that the City is undertaking. Vierling/Beard moved to approve the consent business . Motion carried unanimously. Ron Zimmerman, 2460 Marschall Road, addressed the Council regadng agenda item 10a (Tim Keane, Larkin, Hoffman, Daly, Lindgren, Ltd. , regarding SPDC substation site) . Mr. Zimmerman stated that he was interested in the logic behind the request to discuss the substation citing. He explained that he was present to learn more about the substation citing and the position of the City Council . Mayor Laurent explained that the City involvement in the process would be limited to condemnation proceedings necessary for acquisition of property for the substation. Beard/Vierling moved to table the communication from Tim Keane regarding SPDC substation site. Motion carried with Cncl . Sweeney dissenting. Vierling/Beard moved to reconsider the motion to table . Motion carried unanimously. Official Proceedings of the June 1, 1993 Shakopee City Council Page -2- Sweeney/Beard moved to receive and file the correspondence from Tim Keane, Larkin, Hoffman, Daly, Lindgren, Ltd. , dated May 12, 1993 regarding SPUC substation site . Motion carried unanimously. Beard/Sweeney moved to receive and file the correspondence from Lee Vickerman, Jaspers, Moriarty & Walberg, P.A. dated May 12, 1993 regarding Meilke Cartway. Motion carried unanimously. Lynch/Beard moved to remove from the table the preliminary development plan of Westridge Bay Estates II, located north of CR- 14 along southern shore of O'Dowd Lake. Motion carried unanimously. Mr. Ekola explained that this PUD encompasses 129 acres and contains 62 residential lots . He stated that the City has received two letters from the Department of Natural Resources regarding the proposed development and they have stated that the preliminary development plan is a good one . He stated that the DNR does not support deeded access for non/riparian lots . Both the DNR and staff recommend a 75 foot variance from the ordinary high water elevation for the 4 island lots with certain conditions . Mr. Ekola explained that he has met with the Fire Chief and they are working on developing an emergency access plan for Planning Commissions consideration. He explained that the cul-de-sac along the peninsula is 2650 feet and that the ordinance allows for a 1000 foot cul-de-sac . He explained the interim policy on cul-de-sac street lengths which identifies the 200 average daily traffic (ADT) volume as one of the criteria in granting variances to cul-de-sac street length limits . In order to comply with this, the developer will need to reduce the overall development density by two lots and staff recommends that at least one lot be removed from the peninsula to reduce the traffic volume to this 200 ADT level . Cncl . Sweeny initiated discussion on the ownership of the Chessen Islands and the letter received indicating that the fee owner is not willing to sign the plat and that this matter should be resolved before continuing discussion on the proposed development . Mr. Darrel Gonyea, Developer, explained that it is his understanding that the fee owner can sign the plat without actually releasing the land to the contract for deed owner until the contract for deed agreement has been fulfilled. Mike Gair, Planner, McComb Frank Roos & Associates, on behalf of the developer, explained the basis for the request for the 75 foot setback for the house pads on the two islands . Considerable discussion followed. Sweeny/Lynch moved to amend the resolution to limit the number of houses on the islands to one per island. Motion carried with Mayor Laurent and Cncl . Beard dissenting. • Official Proceedings of the June 1, 1993 Shakopee City Council Page -3- Sweeny/Vierling moved to grant a 75 foot setback for the two islands with the three conditions outlined by the DNR. Motion failed with Cncl . Sweeney and Vierling in support of the motion. Beard/Sweeney moved that access to the islands shall be provided by private driveways on private easements owned and maintained by the effected property owners only. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 3797, A Resolution Approving the Preliminary Development Plan for Westridge Bay Estates II, as amended, and moved its adoption. Mr. Ekola identified three changes to the Resolution as drafted; condition #6, variance to allow an impervious service to be constructed down to 25 feet from the ordinary high water mark for the two private streets providing access to the two islands only; condition #10 , delete second two sentences so that the condition reads "an emergency access plan must be approved by the Planning Commission prior to or concurrent with the final development plan" ; condition #21, approval of the preliminary development plan is contingent on the successful redesign of the CR-79 interchange with CR-14 and the proposed Vista Ridge Drive as approved by the County Engineer. Sweeney/Vierling moved to amend Resolution No. 3797 to include the three changes in the conditions of approval as outlined by Mr. Ekola. Motion carried unanimously. Motion carried unanimously on main motion as amended. Vierling/Beard moved to approve the use of a new City logo (which includes a church steeple, Rahr Malting and a bridge) . (Motion carried under consent business. ) Vierling/Beard moved to authorize the appropriate City officials to execute a purchase agreement and other necessary documents by and between the City of Shakopee and Mr. Ghassen Khwice to facilitate the sale of 780 sq. ft . of property located adjacent to Dangerfield' s Restaurant for the sum of $2, 340 . 00 . (Motion carried under consent business . ) • Vierling/Beard moved to approve the application and grant a temporary non-intoxicating malt liquor license to St . Mary' s Catholic Church, 535 South Lewis Street for June 26th and 27th, 1993 . (Motion carried under consent business . ) Vierling/Beard moved that the appropriate City officials be directed to arrange a hearing before the City Council for the purpose of taking action against the license of Jerry' s Bar for allowing beer to be displayed after hours on January 30, 1993 . (Motion carried under consent business . ) Official Proceedings of the June 1, 1993 Shakopee City Council Page -4- Vierling/Beard moved to direct staff to prepare plans and specs for constructing a municipal parking lot on the former Gene Brown parcel, located on 2nd Avenue between Sommerville Street and Lewis Street . (Motion carried under consent business . ) Mr. Hutton explained that the Utilities Manager has asked that the City consider entering into a contract with HDR for the electrical undergrounding design for the downtown alleys because a portion of this project is to be assessed by the City. Vierling/Lynch moved to authorize the appropriate City officials to execute a contract with HDR Engineering, Inc . to provide engineering services to design the electrical undergrounding for the downtown alley Project No. 1993-9 at an estimated fee of $55, 000 . 00 . Ms . Marty explained that she did not have an opportunity to review the contract until today and that there is some standard language which needs to be included. Vierling/Beard moved to amend the motion authorizing the City Attorney to add additional language to the contract as necessary. Motion carried unanimously. Motion carried unanimously on main motion as amended. Vierling/Beard moved to install a 4-way stop at Sommerville Street and 5th Avenue . (Motion carried under consent business . ) Vierling/Lynch moved to authorize staff to purchase a fuel management system from Westside Equipment for a total cost of $24, 830 .48 . Motion carried unanimously. Vierling/Beard directed staff to add a fuel surcharge in the amount of 5 cents per gallon for gas used by SPUC and ISD #720 for a period of 10 years . Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to execute an agreement with Short Elliott Hendrickson, Inc. to perform engineering services associated with the Rahr Malting inverted syphon and service line for an estimated cost of $13 , 000 . 00 ; and allow the City Attorney to make such additions to the agreement as she deems necessary. Motion carried unanimously. Vierling/Beard moved to approve the bills in the amount of $233 , 509 . 78 . (Motion carried under consent business . ) Mr. Kraft updated the City Council on the mailings, meetings, and dissemination of information on the bond issue . Vierling/Beard offered Resolution No. 3805, A Resolution Directing the Payment of Certain Funds to ISD #720, and moved its adoption. (Motion carried under consent business. ) • Official Proceedings of the June 1, 1993 Shakopee City Council Page -5- Vierling/Beard offered Resolution No. 3806, A Resolution Accepting Bids on Valley Park 11th Addition Improvements, Project No. 1993- 10, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard moved to approve a contingency in the amount of 10%- for 00for use by the City Engineer in authorizing change orders on Project No. 1993-10 . (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3807, A Resolution Approving Plans and Specs and Ordering Advertisement for Bids for the 1993 Reconstruction Project No. 1993-7, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3808 , A Resolution Expressing the City' s Appreciation to Scott County for the Fine Assistance in Hiring New Employees, and moved its adoption. (Motion carried under consent business . ) Vierling/Beard offered Ordinance No. 356, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 3 , Municipal and Public Utilities Rules and Regulations, Franchises and Rates, of the City Code, Section 3 . 10, Rules and Regulation Relating to Sewer Ridge Service, By Repealing Subdivision 8, Hookup Required - When, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business . ) Consensus of City Council was to meet on Tuesday, June 29, 1993 in a Joint Session with the Planning Commission and the Community Development Commission to discuss alternative land use strategies . Mr. Kraft advised the City Council that Gary Nosbusch has submitted his resignation. A brief discussion followed regarding filling this position. Consensus of Council was to delay taking any action until after the 1994 budget discussions . Mayor Laurent adjourned the meeting to Wednesday, June 9, 1993 at 5 :00 p.m. Meeting adjourned at 9 : 07 p.m. 0-c , C) ith S . Cox y Clerk Recording Secretary ?CU TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Comprehensive Annual Financial Report DATE: June 10, 1993 Enclosed is the 1992 Comprehensive Annual Financial Report (CAFR) . Council has retained the firm of Deloitte & Touche to audit the report and financial operation of the city. The auditors opinion is part of the CAFR. Also enclosed as part of this agenda item number are communications from the auditors to Council. One item is the report to Council which is the thinner letter. Secondly is the management letter with comments on the financial operation of the city. Mr. Clifford Hoffman, Partner, and Audit Manager Barb Deikmann of Deloitte & Touche will be in attendance to present and discuss their report with Council and to present other comparative information. Staff is in the process of modifying procedures in response to the auditors' comments on internal control and will report back to Council with the results. I I COMPREHENSIVE ANNUAL FINANCIAL REPORT I lFOR THE CITY OF SHAKOPEE MINNESOTA FOR THE FISCAL YEAR ENDED DECEMBER 31, 1992 I I I DEPARTMENT OF FINANCE Gregg M. Voxland, Director of Finance 1 Member of Government Finance Officer's Association of the United States and Canada 129 Holmes Street South Shakopee, Minnesota 55379 (612) 445-3650 • I 1 See Annual Financial Report filed in the City Clerk' s office. (Original filed in Annual Reports) I I o C v �c62 . CO E�� CD I C) ! .....• C') 44 L. C) mi< = o i = = 0 cr Cn -' _ D i to C15 W CD w � O I 04) ma Co0a) - -t - M-� _4: co —. a- -« U, W( H 0S = rn �ro � = O .+ N O (D 1 Q arta I-• a) 0 ((DD F• ch i O ;� • O H. g rt- CD a CU CD x � C) o F--.• t-h P, i N• 0 b JAMES P.LARKIN LARKIN, HOFFMAN, DALY& LINDGREN, LTD. PAUL B.PLUNKETT ALAN L.KILDOW ROBERT L.HOFFMAN ATTORNEYS A T L A W KATHLEEN M.NEWMAN JACK F.KENNETH DALY LINDGREN MICHAEL B.LEBARON G.RELH.FREELLGREGORY E.KORSTAD GERALD H.MULLIGAN GARY A.VAN CLEVE• ALLAN E.C ERICKSON DANIEL L.BOWLES JAMES C..DRIS TODD M.VLATKOVICH EDWARD J.DRISCOLL 1500 NORWEST FINANCIAL CENTER TIMOTHY J.MAMANUS GENE N.FULLER TIMOTHY J.KEANE ROBERT ARVEY JOHN T.E. BOYLE 7900 XERXES AVENUE SOUTH ALAN M.ANDERSON BLOOMINGTON, MINNESOTA 55431-1194 DONNA L.ROBACK CHARLES HARVEY MICHAEL W.SCHLEY CHRS. D TELEPHONE (612) 835.3800 MICHAEL A.ROBERTSON CHRISTOPHER J.DIETZEN LISA A.GRAY JOHNINDR.B FISHER FAX(612)896-3333 GARY A.RENNEKE LINDA S FISHER SHANNON K.MCCAMBRIDGE THOMAS C.P. JACKMAN AN CHRISTOPHER J.HARRISTHAL MICHAEL HACKMWIWAM C.GRIFFITH,JR. JOHN E.WEER JOHN J.STEFFENHAGEN JON S.S J.FLYNN KI DANIEL W.VOSS THOMAS J.QUINN MARK A.RURIK JAMES P.FREEMANN JOHN R.HILL TODDPETERI.. KJAMES K.MARTIN OE BECK THOMAS J.SEYMOUR GERN.SECK MICHAEL J.SMITH GERALD L. FREDERICK K.HAUSER III JOHN B. LA =B MARY E.VOS DAYLEHM NB.H MPHREY, • LARRY D.MARTIN THOMAS B.TIER• EY,JR. JANE E.BREMER JOHN IA.C COTTER' MARCY R.KREISMAN BEATRICE A.ROTHWEILER MARIEL E.PIILOLA • OF COUNSEL WENDELL R.ANDERSON JOSEPH GITIS •ALSO ADMITTED IN WISCONSIN May 12, 1993 Mayor Gary Laurent and Members of the City Council City of Shakopee 129 South Holmes Shakopee, Minnesota 55379-1376 RE: Shakopee Public Utilities Commission - Substation Siting Dear Mayor Laurent and Members of the City Council : This letter is submitted on behalf our client, the Elmer Marschall Family. In mid-April, it came to Mr. Marschall ' s attention that the Shakopee Public Utilities Commission (SPUC) has undertaken plans to construct a substation on the Marschall property located on County Road 78 west of Marschall Road. The Marschalls are vigorously opposed to siting this facility on their property and further believe that there are several siting alternatives that do not pose the same potential for adverse economic, environmental, health, and social impacts. We respectfully request an opportunity to address this issue at the City Council meeting of June 1, 1993 . I will submit to you a letter outlining the issues prior to that meeting. In the interim, if you have any questions, please feel free to contact me at 896-3203 . Sincerely, • Timothy J. Keane, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Elmer Marschall Karen Marty, City Attorney Lou Van Hout, Shakopee Public Utilities Commission ACTION REQUESTED: 1) Move,:to receive :and file correspondence from Tim .Keane dated May 12 , 1993. 2) Mr. Keane requested that this item be placed on theJuneI5th agenda. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 10, 1993 RE: Review of Shakopee Public Utilities Acquisitions ISSUE: What is the City Council' s responsibility and authority to review an acquisition decision by the Shakopee Public Utilities Commission? DISCUSSION: Generally speaking, the Shakopee Public Utilities Commission operates independently of the City Council . It has broad powers under state law and city ordinance to own and operate utility services . These are suggested in Minn. Stat . Sec . 412 . 321, which provides as follows : the council, except as its powers have been limited through establishment of a public utilities commission in the city, shall make all necessary rules and regulations for the protection, maintenance, operation, extension, and improvement [of a utility] . Once a public utilities commission is created, its powers are as set forth in City Code and Minn. Stat . Sec. 412 . 361 . City Code Sec. 2 . 54 , Subd. 7, simply provides that the utility commission "shall also have any and all power and authority provided by law. " Minn. Stat . Sec. 412 . 361 specifies the commission powers. The commission shall have power to extend and to modify or rebuild any public utility and to do anything it deems necessary for its proper and efficient operation; and it may enter into necessary contracts for these purposes. Since a public utility commission has such powers, do they extend to acquiring land? On September 22, 1958, in opinion 469b-6 , the Attorney General responded to a situation in which a utility commission sought to obtain an easement from a school district, so that it might have access to a new well . The Attorney General was asked whether the easement should be in the name of the commission or the city, and whether the commission or the city should execute the easement . After reviewing the statutes, the Attorney General ruled that the easement had to be in the name of the city. "There is no authority in M.S. 412 . 321-412 . 391 for the commission itself to possess any right, title or interest in land. " On the other hand, the Attorney General also ruled that the commission had the power to execute "all contracts and other documents relating to the easement . " Therefore, although the commission may sign the documents in connection with the construction and use of an easement, the actual document must name the City. Based on the statutes, ordinance, and Attorney General' s opinion, the Shakopee Public Utilities Commission has the authority to enter into the "contract and other documents" necessary to obtain property. The only limitation appears to be that the ownership of the property must be in the name of the City. The City Council generally does not independently review street or easement locations proposed by city departments, and, similarly, it need not independently review a proposed utility facility location. As is done with streets and other real property acquisitions, the City Council may delegate the responsibility for analyzing various sites to staff or a consultant . Normally the City Council would authorize the appropriate city officials to enter into an agreement to acquire property, but in this case, the utility commission already has that authority. CONCLUSION: The Shakopee Public Utilities Commission may acquire land, so long as the acquisition is in the name of the City. It could be argued that the authority to review the decision to acquire land, or to acquire a certain parcel of land, is implicit in the requirement that the land be in the name of the City. However, the City Council is not required to, nor responsible for, reviewing the utility commission' s decision. Signed ` < Karen Mar y, ay Attorney KEM:bjm (/ [10MEMO) cc : Dennis Kraft Lou Van Hout -2- PETITION AGAINST SUBSTATION JUNE _ _ 3 is �� ..rA %ter ‘c). d .1 ... - - ' f • ____ ../4K, _ . • .._ ..._ 4 * . , 4 0 ---- i .,_____Tst2. _ O,%<4 - s •1-1.'f-- ridv.,,,(4,es-s--,------ e , 2, _ z6„ ' .Z.La_, 11.. Ci2}-ail • /3 4 4 7 //7,1141 _ ./ L f 6 4 re I / / i • 17., 4 r1.0)1 ( ----/t4- -) / 7, /7, lija..,26, ,- ( Am2-y A It . i a"- , . 'a5C:7011.12C-1- 41,ig / 1 _ - LJ 111 _J1YT _ 3o4 3 I • • • . 33, 77fev2 c.2 4d _ _ . _ . _ _ _ _ . . MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director • SUBJECT: Mielke Cartway ,1 DATE: May 26, 1993 INTRODUCTION & BACKGROUND: Attached is correspondence from an attorney for Ms.Patty Goldberg regarding her property adjacent to the Mielke cartway. This issue was dlownershipchanges which sed extensively by eCity may or maysl not in 1992. Since that discussion there has been some impact the request by Ms. Goldberg. Additional maps and information will be presented to the City Council in June, 1993. ACTION REQUESTED: Provide staff with the appropriate direction regarding Ms. Goldberg's request. DEH/pmp GOLDBERG JEROME JASPERS,C.P.A. MEW IIIIJASPERS DENNIS PATRICK MORIARTY MORIARTY & STEPHEN W.WALBURG LEE VICKERMAN WALBURG,P.A. DAVID G.BROWN ANNE HEIMKES TUITLE ATTORNEYS&COUNSELLORS AT LAW May 12, 1993 City of Shakopee ATTENTION: David E. Hutton 129 Holmes Street Shakopee, MN 55379 RE: MIELKE CARTWAY Dear Mr. Hutton: This office has been retained by Ms. Patty Goldberg to look into the issue of how Mielke Cartway impacts the title to her property. From the information that Ms. Goldberg provided to me it appears that at one time the City of Shakopee was claiming Mielke Cartway for public use by virtue of the City maintaining the cartway as a public road. However, it is also my understanding that the City never acquired it's interest by resolution as set out in the statute. The City's current alleged claim clouds the title to Ms. Goldberg's property. You have indicated to Ms. Goldberg that the City is no longer maintaining the full length of Mielke cartway, and that the City has not maintained it's full length for the last year. Representations have also been made to Ms. Goldberg that no maintenance will be performed in the future. The City now only maintains Mielke cartway up to Peter Stemmer's property providing him access to County Road 42. Mielke cartway as now maintained does not impact Ms. Goldberg's property and therefore, there is no public use. The City has abandoned that small part of Mielke cartway that cuts the southwest corner of Ms. Goldberg's property. We are strongly requesting the City of Shakopee to vacate that small portion of Mielke cartway that cuts Ms. Goldberg's land. Ms. Goldberg's title is now held in limbo because of the City's prior position. The easiest and most cost effective way for that cloud on her title to be removed is for the City to do the honorable thing and vacate that part of Mielke cartway that covers her land. The City's action will not landlock Mr. Stemmer nor any other party. Ms. Goldberg asks that this matter be placed on the agenda of the City Council for their consideration at the earliest practical date. 206 SCOTT STREET•SHAKOPEE,M NNESOTA 55379•(612)445-2817 BELLE PLAINE OFFICE•(612)873-2988 FAX NO.445-0812 City of Shakopee RE: Mielke Cartway May 12 , 1993 If you have any questions , please feel free to contact the undersigned. Very truly yours , J• "ER• , MORIARTY AND WALBURG, P.A. Lee Vickerman Attorney at Law LV: jt cc: Patty Goldberg Karen Marty - City Attorney 2 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: $3 , 200, 000 Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) DATE: June 11, 1993 INTRODUCTION: The City Council is being requested to consider issuing $3 , 200, 000 Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) BACKGROUND: The City has received the attached letter from Mr. Kenneth Talle describing the proposal relating to the issuance of $3 , 200, 000 Multifamily Housing Revenue Refunding Bonds in connection with the Riva Ridge Apartments located at Shakopee Avenue and Marschall Road. A public hearing has been set for 7 :00 P.M, , or thereafter, to consider a proposal that the City issue Multifamily Housing Revenue Refunding Bonds in the aggregate maximum face amount of $3 , 200, 000, for the purpose of refunding the City's Multifamily Housing Revenue Bonds (Riva Ridge Apartments Project) (the "Series 1985 Bonds") . The series 1985 Bonds were issued to finance the construction of a multifamily housing project consisting of 93 apartment units in one building located at 1224 East Shakopee Avenue in the City of Shakopee. The proceeds of the proposed bonds will be loaned to Riva Ridge Investors Limited Partnership, a newly formed limited partnership that is controlled by Thies & Talle Enterprises, Inc. , a Minnesota corporation. The bonds shall be limited obligations of the City and the bonds and interest thereon shall be payable solely from the revenues pledged to the payment thereof, except that such bonds may be secured by a mortgage and other encumbrance on the Project. No owner of any such bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds, or the interest thereon, nor to enforce payment against any property of the City except the Project. (Edited from the legal notice of public hearing. ) Since Mr. Robert Silverman of the Dorsey Firm is representing the applicant in this matter, Mr. Tom Hay of the Dorsey firm was not asked to review the bond documents. Instead, Mr. Jim O'Meara of Briggs & Morgan was asked to review the documents for the City. Mr. O'Meara is reviewing the documents and has reviewed and approved the attached Resolution No. 3818. If City Council so chooses, the resolution can be adopted after the public hearing. See Mr. O'Meara's letter attached. Copies of the documents are not being distributed. A copy of each document is on Riva Ridge Apartments Project June 11, 1993 Page -2- file in the office of the city clerk and anyone desiring to review them is invited to stop in and do so. Stefanie Galey, Holmes & Graven, Bond Counsel, and Cleo Rasmussen, Miller & Schroeder, Consultant, will be present to explain the proposal and answer any questions that Councilmembers might have. ALTERNATIVES: 1) Approve proposal 2) Deny proposal 3) Table proposal for more information RECOMMENDED ACTION: Offer Resolution No. 3618, A Resolution of the City Council of the City of Shakopee, Minnesota (The "Issuer") Authorizing The Issuance, Sale and Delivery of the Issuer's Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) , Series 1993 . . . , and move its adoption. y7 g THIES & TALLE ENTERPRISES, INC. ss�p 7g1 ctG JEmng3s ilmi@E,a, 470 WEST 78TH STREET •SUITE 260 • CHANHASSEN,MN 55317 • 1612)949-2200•FAX 1612)949.0331 MAILING ADDRESS: POST OFFICE BOX 250•CHANHASSEN,MN 55317 June 2, 1993 City of Shakopee 129 First Avenue East Shakopee, MN 55379 Attn: Judy Cox, City Clerk Re: Riva Ridge Dear Ms. Cox: We are writing you to describe a proposed transaction with respect to Riva Ridge Apartments, which is located in the City of Shakopee at 1224 East Shakopee Avenue. This project was originally subject to and beneficiary of a series of tax-exempt Bonds, originally issued in 1985. The Bonds were amended in 1986 and thereafter the Bonds went into default. At the direction of the holder of the Bonds, the Trustee, First Trust, commenced foreclosure proceedings. We have now completed negotiations with the holder of the Bonds and the Trustee for Riva Ridge Investors I imited Partnership, a newly formed limited partnership that is controlled by our company to acquire the project. As a part of that acquisition, the Bonds will be amended to reflect current financial terms. Stefanie Galey, Esq. of the law firm of Holmes & Graven has indicated that for federal income tax purposes, the appropriate amendment would take the format of a refunding and would require a public hearing with the City of Shakopee. Notice of that hearing was published for a hearing date of June 15, 1993. It is important to the success of the refunding that is occur prior to June 30, 1993. If you need information on ourselves, or our management company, please feel free to call. Sincerely, THIES & TALLE ENTERPRISES, INC. By Its '`il.> ; ' (c: c: Stefanie N. Galey, Esq. LAW OFFICES BRIGGS A\ ]J MORGAN PROFESSIONAL ASSOCIATION 200 FIRST NATIONAL I3ANA ST;ILDIN0 SAINT PstL,MINNESOTA 3.102 T£LEPHO�E .e1Q1 223-6300 FACSI:2ILE (611.1) 563-6450 MI E&POI-IS OFFICE S40O ID S MISER M•EIT1Sg's DIEEGs WAS.NZDSDZIR June 11, 1993 -.mous.cx.xSotA roc TLZLPHOxZ'OM)334•e400 Y.CSIDCI2 lel213344. $O (612) 223-6420 VIA FACSIMILE Judith S. Cox Shakopee City Clerk Shakopee City Hall 129 Holmes Street South Shakopee, Minnesota 55379 Re; Proposed Riva Ridge Refunding Bonds Dear Judy: Karen Marty, your City Attorney, and I discussed this on Monday and I soon thereafter received a set of documents form the bond counsel for this proposed issue, Holmes & Graven. Because I attended the League of Cities conference this past Wednesday and Thursday, I have so far only been able to review the resolution which has been proposed for consideration by the Shakopee City Council at its meeting next Tuesday evening. I gave bond counsel a number of comments on the form and content of that resolution and, as we discussed earlier this morning, it now appears to be satisfactory on those two counts. It is my understanding that Holmes & Graven will be telecopying to you the revised page 3 which deletes the extraneous reference to a Letter of Credit, as we discussed. One of the main changes which I requested to this resolution was that the Council would not be directing that the various documents be executed and the Bonds be issued by the City but merely authorizing those actions to be taken by the appropriate City officials if and when, in their discretion, it is appropriate to do so. One of that reasons for that change is to make sure that the City has not committed to issue the Bonds unless and until the Loan Agreement, the Indenture, and the Regulatory Agreement (not to mention the various closing papers, which have not yet been prepared) are satisfactory from the City's perspective. I have also indicated to bond counsel that any approval by the Council next Tuesday would be so conditioned upon acceptable documentation and that,because of several factors mentioned below, I would want to be particularly careful in reviewing the terms of the documents which the City would sign. BRIGGS �xn �iORGA� Judith S. Cox June 11, 1993 Paget As I understand this proposed issue at this point, there is a new partnership acquiring the project, and, virtually simultaneously, the original 1985/1986 bonds would be "refunded" or in any event replaced by this proposed new issue. I do wish to advise the City and the Council that there is a difference of opinion within the bond counsel community about whether, under the applicable federal tax laws and regulations, tax-exempt bonds can be issued in these circumstances. There are well-respected bond counsel firms on both sides of the issue. Based on the proposal and the facts as I understand them, I am not at all certain that our firm would be willing to render a bond counsel opinion on the new bonds. I believe Holmes & Graven takes a different view, as do others. I don't think it is productive to go into the technicalities involved in this legal issue, other than to say it revolves around whether this would be a true "refunding", as opposed to a bond issue whose real substance is to provide funds to the new partnership to acquire the project. I can imagine that members of the City Council might wonder whether, given the potential difference of legal opinion, it is appropriate for the City to participate in this proposed bond issue. Because I do recognize this as a legal issue on which bond attorneys may reasonably differ, I do think it is possible for the Council to approve this issuance with the following understandings: (1) Holmes & Graven, in its role as bond counsel, would be giving a legal opinion that the Bonds are tax-exempt, with no qualification on this legal issue. (2) The documentation which will make up this issue, and particularly the agreements and certificates which the City will be asked to sign, will be very scrupulously reviewed (and change, as may be necessary in our judgment) to make sure that they do not contain unnecessary or inappropriate representations by the City with respect to the tax-exemption of the proposed bonds. I wish to emphasize again that the Council's adoption of the resolution next Tuesday in no way would be a commitment on the part of the City to issue the bonds, and I have communicated to bond counsel that the documentation will need to be absolutely acceptable to the City (as reviewed by us on your behalf). Please let me know if there are any questions or comments in the meantime. Yo e veifl ly, . es P. O'Meara JO:cmg cc: Stephanie Galey, Holmes & Gra en Member moved that the following resolution be read and adopted this day of 1993. RESOLUTION of the CITY OF SHAKOPEE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (RIVA RIDGE APARTMENTS PROJECT) , SERIES 1993 (THE "BONDS") , WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS WHEREAS, the City of Shakopee, Minnesota (the "Issuer") is political subdivision and municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act") , the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to make or purchase loans to finance the cost of the acquisition, construction, improving and equipping of multifamily housing developments to be located within its corporate boundaries; and • WHEREAS, the Issuer has previously issued its$3,500,000 Multifamily Housing Revenue Bonds (Riva Ridge Apartments Project) , Series 1985 (the "Series 1985 Bonds") , in connection with the construction of a multifamily housing project (the "Project") located in the City of Shakopee to be owned originally by Riva Ridge Apartments Limited Partnership (the "Original Owner") ; and WHEREAS, it has been represented to the Issuer that the Original Owner defaulted in its obligations with respect to the Series 1985 Bonds, and First Trust National Association, as trustee on behalf of the holders of the Series 1985 Bonds, foreclosed its mortgage lien on the Project and has agreed to sell its interest in the Project to Riva Ridge Investors Limited Partnership, a newly-formed Minnesota limited partnership (the "Company") which has no commonality of ownership with the Original Owner; and WHEREAS, the Company has requested the Issuer to issue its Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) , Series 1993 in an aggregate principal amount of not to exceed $3,200,000 (the "Bonds") for the purpose of reducing debt service costs of the Project; and WHEREAS, pursuant to the terms of a Loan Agreement (the "Loan Agreement") to be entered into between the Issuer and the Company, the Company will be SNG54 42 1 SR 55-e obligated to make payments sufficient to pay all principal of, premium, if any, and interest on the Bonds; and WHEREAS, the Issuer proposes to finance the refunding of the Series 1985 Bonds under the Act by the issuance of the Bonds of the Issuer under this resolution; and WHEREAS, the Bonds will be issued under an Indenture of Trust (the "Indenture") to be entered into between the Issuer and First Trust National Association (the "Trustee"), and said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The Issuer acknowledges, finds, determines, and declares that the refunding of the Series 1985 Bonds, the proceeds of which were used to construct the Project, furthers the purposes of the Act. 2. For the purposes set forth above, there is hereby authorized the issuance of the Bonds in a principal amount of not to exceed $3,200,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture in the form now on file with the Issuer. The Bonds shall be delivered in accordance with the terms of the Indenture. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided pursuant to the Loan Agreement and other funds and revenues pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes the Mayor, the City Administrator and the City Clerk of the Issuer (together, the "Officials") , at such time, if any, as they in their discretion may deem appropriate, to execute and deliver the Indenture by and between the Issuer and the Trustee, and to deliver to said Trustee the Indenture, and hereby authorizes the execution of the Bonds in accordance with the Indenture. The Indenture shall be substantially in the form on file with the Issuer, with such necessary and appropriate variations, omissions and insertions as the Mayor, in his discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 4. The Mayor, the City Administrator and City Clerk, at such time, if any, as they in their discretion may deem appropriate, are hereby authorized and directed to execute and deliver the Loan Agreement. The Loan Agreement shall be substantially in the form on file with the Issuer which is hereby approved, with such oissions and insertions as the ne, and the execut on thereof by the Mayor hall be conclusive evidence ofshallor, in his discretion, such determination. 5. 5. The Mayor, the City Administrator and City Clerk, at such time, if any, as they in their deem zed to execute and deliver the Regulatory Agement (the pP t Re"Regulatory Agree, are emauthorent")m nt") to be executed SNC54142 2 9E155-8 by the Issuer, the Trustee and Company. The Regulatory Agreement shall be substantially in the form on file with the Issuer which are hereby approved, with such omissions and insertions as the Mayor, in his discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. 6. The Officials are hereby authorized, at such time, if any, as they in their discretion may deem appropriate, to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, incluciing an arbitrage certificate. 7. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shalt be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer by the provisions of this resolution or the aforementioned documents shall be exercised or performed by such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the CityCouncilof the Issuer, or any officer, agent or employee of the Issuer in that persons individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligatednues itself to pay the Loan or tany Agreement which are to bs or e applied to the payment other than funds and revenues derived from of the Bonds, as provided therein and in the Indenture. 8. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any owner of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their Issuerions being intendedersto time to time be and of the Bonds issued for the sole and underebenefit of the the provisions and any own of this resolution. 9. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder ll ha afore aannyeason be held to be illegal or invalid, such illegality or invalidity h her provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 3Na54142 3 10. In the absence of any official specifically authorized to execute documents hereunder, such documents may be executed by any other lawfully authorized official of the Issuer with the same force and effect. SNGS4142 SH155-8 4 Adopted: , 1993 Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor of the motion: and the following voted against: whereupon said resolution was declared duly passed and adopted. SNG54142 5 SE155-8 CO1\ SENT loc. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for Parkview 1st Addition DATE: June 4, 1993 INTRODUCTION: Dalles Properties has submitted an application for Final Plat approval for Parkview 1st Addition. The proposed subdivision is located east of Marschall Road (CR 17) and north of Vierling Drive. The western 566 feet of the subject site is zoned Highway Business (B-1) , and the City Council recently rezoned the eastern portion of the subject site from Highway Business (B-1) to Urban Residential (R-2) . (See Exhibit A. ) The proposed plat covers 18. 17 acres, and consists of 3 commercial lots and 30 residential lots. The Shakopee City Council approved the Preliminary Plat for Parkview 1st Addition at their meeting on May 18, 1993 . At their June 3 , 1993 , meeting, the Planning Commission recommended approval of the Final Plat, subject to conditions. CONSIDERATIONS: 1. Access to the development is from Vierling Drive, which is located along the southern border of the proposed plat. The Transportation Section of the draft 1990 Comprehensive Plan has designated Vierling Drive as a collector street. This roadway classification provides both traffic movement and limited access, while interconnecting with minor arterials and providing continuous access across and around neighborhoods. A collector street within the urban area of the City has the capacity to carry 1, 000 to 5, 000 vehicles per day. 2 . The proposed plat contains 30 residential lots (R-2) and 3 commercial lots (B-1) . See Exhibit B. Fifteen lots meet the area and dimension requirements for development with single family homes, and 15 of the lots meet the requirements for development with two family dwellings. The average residential lot size is 11, 354 square feet. The proposed plat also contains 3 lots that meet the area and dimension requirements for commercial development. These 3 lots are 52 , 200 square feet, 59, 900 square feet, and 204, 300 square feet in size. 3 . Since the applicant is proposing a subdivision with both commercial and residential uses, the applicant submitted a landscape plan with the Preliminary Plat which showed plant material types, numbers, and locations. The applicant is proposing to plant 10 deciduous trees, spaced at 50' 1 intervals, along CR 17; and to plant 23 deciduous trees at 50' intervals along the proposed streets in front of the commercial lots. The applicant also provided the locations of the existing deciduous trees along Vierling Drive on the Landscape Plan. These trees have been spaced at 100' intervals. The applicant is also proposing a compact evergreen hedge for screening between the commercial and residential lots. The required landscaping for each lot will be required to be installed during the building permit process. 5. The approved Citywide Sidewalk and Trail Plans propose two sidewalks and two trails within the boundaries of this plat. Sidewalks along CR 17 and Vierling Drive are recommended on the Citywide Sidewalk Plan. The Upper Valley Drainage Trail (already constructed) runs east/west along the north side of the proposed plat. The applicant is proposing to dedicate an access easement for pedestrians to connect Ramsey Street to the Upper Valley Drainage Trail. The applicant is also proposing sidewalks along Ramsey Street, and the westerly portion of Dalles Drive (within the commercially zoned area) , and along CR 17 . A 5' sidewalk currently exists on the north side of Vierling Drive in the southern portion of the plat. 6. Typically, the City controls access to major streets in the subdivision process. The Planning Commission recommended that the developer enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be allowed. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 7 . The developer is proposing to dedicate 40' of the proposed 80' right-of-way for Vierling Drive. Although this road has already been constructed, this portion of Vierling Drive has not been dedicated through the subdivision process. When the property to the south of Vierling Drive is platted, an additional 40' of right-of-way will be required to be dedicated. 8 . Approximately 105' of the 120' wide easement for the Upper Valley Drainageway crosses the northern portion of two of the proposed commercial lots, and part of the easement crosses the northern portion of 4 of the proposed residential lots. This drainage and utility will contain the VIP sewer main. 9 . The City Engineer has recommended approval of the Final Plat with the condition that the final construction plans, the stormwater management plans, and the grading and erosion control plan be approved by the City Engineer. 2 10. Shakopee Public Utilities has commented that both water and electrical services are available to the site, subject to their standard policies, charges, and requirements. 11. The Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or building sites are filled. 12 . According to the developer, the proposed plat contains no wetlands. On January 1, 1992, the Wetland Conservation Act of 1991 became effective. The City of Shakopee was designated as the Local Governing Unit in charge of administrating this program. If no wetlands are affected within the plat, staff will issue a Certificate of Exemption to the owner. 13 . Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using a purchase price paid within the past year in the calculation, the park dedication requirement would be approximately $485. 33 per residential lot. The Park Dedication Requirement for the commercially zoned properties would be as follows: Lot 1, Block 1 $ 7, 436. 00 Lot 2, Block 1 $ 1,830.40 Lot 1, Block 2 $ 2 , 173 . 60 The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 14 . The Planning Commission recommended a condition on the approval of the Preliminary Plat requiring the dedication of a pedestrian easement between the Upper Valley Drainageway and Ramsey Street. The applicant had originally proposed to construct a trail in this location, but the Planning Commission did not recommend the developer construct the trail. The Planning Commission was concerned about the steep grades near the Upper Valley Drainageway and felt special construction techniques would be necessary. In the past the City has not granted credits to the park dedication requirements for trails which provide short 3 connections to existing trails in the urban area. In several instances the City has also required the developer to construct a short linking trail (Minnesota Valley 7th Addition, Meadows 7th Addition) . 15. There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Final Plat of Parkview 1st Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. A 5 foot sidewalk on the east side of CR 17 from Vierling Drive to the north end of the plat, and sidewalks along both sides of the proposed Ramsey Street and along both sides of the portion of Dalles Drive that lies within the commercially zoned portion of the plat. 4 i. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 4 . The developer shall enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be permitted. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 5. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 6. The final construction plans, stormwater management plans, and the grading and erosion control plan must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the drainage plan. 8 . Approval of the Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 9. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 10. The developer shall dedicate a 20 foot wide pedestrian access easement along the east edge of Lot 1, Block 1 for a future trail connection. ACTION REQUESTED: Offer Resolution No. 3810, a Resolution Approving the Final Plat for Parkview 1st Addition, and move its adoption. 5 RESOLUTION NO. 3810 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF PARKVIEW 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Parkview 1st Addition on June 3 , 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Parkview 1st Addition, described as: That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 7 , Township 115, Range 22 , Scott County, Minnesota, lying North of the centerline of Vierling Drive. is hereby approved, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. 6 g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. A 5 foot sidewalk on the east side of CR 17 from Vierling Drive to the north end of the plat, and sidewalks along both sides of the proposed Ramsey Street and along both sides of the portion of Dalles Drive that lies within the commercially zoned portion of the plat. i. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 4 . The developer shall enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be permitted. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 5. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 6. The final construction plans, stormwater management plans, and the grading and erosion control plan must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the drainage plan. 8. Approval of the Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 9 . The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 7 10. The developer shall dedicate a 20 foot wide pedestrian access easement along the east edge of Lot 1, Block 1 for a future trail connection. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 8 1 EXHIBIT A - ET I [ 1 !..1 - :".".....:4117::....... f." o• • / " ' ...:at 8" s.' ir____ 4..›./:::$p" AG AGRICULTURE SUBJECT Slip > ::::>::;::- ;;<:>:>•i::::> . 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EAST LINE d 1 NE 1/4 of ST/4 of SEC.7, T.115, R.22 I 1 I 1 yob MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for an Amendment to Section 11.32, Subd. 3, Conditional Uses within the Light Industrial (I-1) Zoning District, from Universal Forest Products DATE: June 5, 1993 INTRODUCTION: Mr. James W. Scheible, General Manager of Operations for Universal Forest Products in Shakopee, has submitted a request for an Amendment to Section 11. 32 , Subd. 3 , Conditional Uses within the Light Industrial (I-1) Zoning District. Mr. Scheible is requesting that the City amend this portion of the Zoning Ordinance to add wood preservation facilities as a Conditional Use within the I-1 Zoning District. At their meeting on June 3 , 1993, the Shakopee Planning Commission recommended to the City Council the denial of this text amendment request. BACKGROUND: Universal Forest Products, Inc. owns a 16.9 acre site located at 1570 East Highway 101. (See Exhibit A. ) Their site was zoned for residential use until 1965 when it was rezoned for industrial uses. In 1979 , the area was rezoned to Light Industrial (I-1) as it remains today. They currently wholesale treated and untreated wood as a part of their product line and have the wood processed off-site. With their effort to grow, they feel that a wood preservation facility is needed at their site. Please refer to the information regarding the proposed wood preservation facility submitted by the applicant. (Exhibit B) CONSIDERATIONS: 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2 . The subject site is designated for Light Industrial land uses in the adopted Comprehensive Plan. The light industrial land use classification allows a variety of activities, such as assembly, warehousing, wholesale distribution, and office activities. One of the policy statements in this plan states 1 that industrial areas are to be developed in a manner compatible with adjacent land uses. 3 . The subject site is zoned Light Industrial (I-1) . The purpose of the I-1 district is to serve as a transition between the more intense industrial sites and residential and business land uses. The permitted uses in the I-1 district include warehousing and wholesaling, offices, public buildings, research laboratories, construction and special trade contractors, and restaurants. 4. In September of 1992 , the City Council denied an application from Universal Forest Products to rezone the subject site to Heavy Industrial, (I-2) . The applicants requested this rezoning to allow a wood preservation facility at their site. They currently wholesale treated and untreated wood as a part of their product line and have the wood processed off-site. 5. The area directly west of the site is zoned Multi-family Residential (R-4) . The area to the west was platted in 1972 as Patricia's First Addition. A multi-family housing development with individually owned townhomes was constructed in this subdivision. 6. The area directly south of the site is also zoned Multi-family Residential (R-4) . Although the area to the south has not yet been developed, staff has recently received increased interest in the development of this property for residential uses. The 1990 draft Comprehensive Plan predicts an increase in population as well as increases in the rate of population and housing growth. As a result of this growth, the area zoned R- 4 to the south of this site is expected to be developed by the year 2010. 7 . The area to the north of the site is zoned Highway Business (B-1) . Memorial Park is located to the north, across T.H. 101. Property to the east is zoned I-1 and has been developed with an oil supply company, a metal culvert distribution company, and the Terminal Transport semi-trailer parking lot. 8 . The land use goals of the draft 1990 Comprehensive Plan do not support the request for this text amendment. Land Use Goal No. 6 is to, "Protect established residential areas" . 9. The Minnesota Department of Natural Resources has commented that the Universal Forest Products site is highly susceptible to groundwater contamination. The stormwater from the site drains to Shakopee Memorial Pond. The proposed use involves hazardous materials. If this request is approved, the plans for the facility must ensure that every site where hazardous materials will be used, stored, or transferred is designed and constructed in a manner which will protect groundwater and 2 surface water. The DNR also stated that the applicant should contact the Minnesota Pollution Control Agency concerning the use of hazardous materials, and the placement and maintenance of storage tanks for hazardous materials. 10. Scott County Environmental Health has provided a number of comments regarding this proposed text amendment. Their comments are attached to this staff report. (See Exhibit C) If the City Council approves the proposed text amendment, Scott County Environmental Health recommends that the following be initiated: A. All precipitation that comes in contact with the treated wood should be collected and reused in the treatment process. They stated that this should also make it easier to comply with storm water management and National Pollutant Distarch Elimination System (NPDES) requirements. B. If the City does not require the entire treated wood storage area to be paved, the City should require annual testing of the soil beneath the treated wood storage piles. They also recommend that a post closure financial assurance fund be established for site remediation when the plant closes. 11. The purpose of the Light Industrial District is to serve as a transition between the more intense industrial sites and residential and business land uses. Land uses other than intense manufacturing and processing are permitted, including warehousing and office. The approval of this request for a text amendment could allow wood preservation facilities to operate as a conditional use in all of the City's Light Industrial Zoning Districts. 12 . The entire Zoning Ordinance is presently under revision. Any text amendment at this time should be made cautiously, since it may result in creating an incompatible and non-conforming use once the new zoning ordinance is adopted. FINDINGS: Section 11. 04 , Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the criteria listed below: Criteria #1 The original zoning ordinance was in error. 3 Finding #1 The zoning ordinance has not been found to be in error. The intent of both the permitted and conditional uses within the Light Industrial District is clear. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for the Light Industrial within the City of Shakopee have not changed. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 There have been no significant changes in this area to warrant the requested text amendment. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 Approval of the text amendment request would be in conflict with the Comprehensive Plan's growth management program. ALTERNATIVES: 1 . Deny the request for a text amendment to Section 11. 32 , Subd. 3 , to add wood preservation facilities as a Conditional Use within the Light Industrial (I-i) Zoning District. 2 . Approve the request for a text amendment to Section 11. 32 , Subd. 3 , to add wood preservation facilities as a Conditional Use within the Light Industrial (I-1) Zoning District. 3 . Table the decision to allow staff or the applicant time to submit additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1 . ACTION REQUESTED: 1. Offer a motion to direct staff to prepare the appropriate ordinance amending the Section 11. 32 , Light Industrial (I-1) Zoning District to include wood preservation facilities as a Conditional Use; and 2 . If the City Council wishes to be consistent with the recommendation of the Planning Commission, vote against the above motion. 4 EXHIBIT A < �s _may �=-_--__�'� _ -------------- -i •.� •.i,.- I -.`7--•-••••..1. . :- SUBJECT SITE s,: —�1-.—�-�•«��.�.a V — .a.�a�.�•�.w. ._aa ate.�.� , ..- i ' • . j�: :. ._•________i .. _ •-._ --..,_ R4 AG AGRICULTURE i �i R1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL R3 MID-DENSITY RES. ' , i� •�••:.• R4 MULTI FAMILY RES. f .• B 1 HIGHWAY BUSINESS .. - � _ B2 COMMUNITY BUSINESS • ` ` -` B3 CENTRAL BUSINESS - - ,` ' - b ~~a ...... ..... I 1 LIGHT INDUSTRIAL • =::;: i `' '�� - •12 HEAVY INDUSTRIAL - S SHORELAND -__ `•<F. FLOODPLAIN DISTRICT ; . .. . : . . . ' _•—•• MANDATORY PUD . s RTD RACETRACK DISTRICT[ _ = = Zoning Map City of SHAKOPEE V -O EX 4;) March 16, 1993 HIBIT B UNIVERSAL Mr. Lindberg S. Ekola FOREST city of Shakopee 129 South Holmes Street PRODUCTS Shakopee, MN 55379 1570 East Highway 101 RE: Text Amendment Shakopee, MN 55379 Telephone(612)496-3080 A nationwide network of Dear Mr. Ekola: building material distribution centers. manufacturing We are writing to request that you consider amending the facilities and wood treatment code for light Industrial (I-1) to allow us a conditional plants serving the housing, use for a wood preservation facility. commercial and industrial markets. In our continuing effort to grow we feel that a wood preservation facility is needed. We presently wholesale treated wood as a part of our product line and have the wood processed off site. Our company has extensive experience in the process thereby making our building a facility to process the wood on our property a natural progression. We enjoy our location in Shakopee and choose to stay here. We feel that we are a good neighbor now and wish to continue that posture. As you know, the land that we wish to use is presently undeveloped. The enclosed information is for your review. We are available • at anytime to answer questions about our company or the proposed facility itself. Very truly yours, UNIVERSAL FOREST PRODUCTS iG(4..). , James W. Scheible General Manager of Operations cc: Allen Frechette, Scott County Environmental Health ,„3A JWS/ymk Universal Company Universal Forest Products, Inc. Wood Preserving Plant Shakopee, MN EXISTING OPERATIONS ON THE SITE Our operation already involves the wholesaling of treated and untreated lumber, timbers, and specialty product manufactured from wood, plus a few other building materials. We do not sell to the public; all our products, usually in truckload quantities, are distributed to home improvement centers, lumber yards, wholesalers, or the industrial trade. We operate a private rail siding on this site, and much of our incoming raw material arrives that way. The balance is trucked in, mainly from lumber mills. REASON FOR EXPANSION We plan to increase our sales volume with a treatment facility. Customers prefer to buy from the company treating the wood because of warrantee and service. We wish to become a complete supplier to our customer base. We plan to grow within our market area with all the products we have, as well as new products we choose to add in time. The majority of wood shipped from our facility in Shakopee is delivered within a 50 mile radius. Dakota, Scott, Carver, and Washington Counties are the fastest growing communities in the State of Minnesota. Due to the weight of treated wood, it is imperative that facilities be strategically placed respective to their market areas to keep costs down, thereby keeping the product as competitively priced as possible. Shakopee is a perfect location for such a facility. Approximately 15 people are currently employed, and we expect this to glow to about 30 with the addition of a wood treating and drying operation. PLANNED WOOD PRESERVING AcnvITY We plan to operate a wood preserving plant on the unused portion of our property. This will involve the single class of preservative, CCA type C. In the form used, the preservative is an aqueous solution of the oxides of chromium (VI), copper (II), and arsenic (V). An approximately 50%concentrate of this material in water will be delivered to the site by road tanker. In use, it will be diluted with water to 1% to 2% solution by weight for impregnation into wood, using a vacuum and pressure process. Once in the wood, the preservative reacts with the cellulosic components in such a way that the three metallic oxides become water insoluble or "fixed". When the fixation process is complete, the wood will resist decay by fungi or termites virtually indefinitely. CCA treated wood is generally accepted as having at least 10 times the life expectancy of the same items untreated, and this is attributed to the extremely insoluble state of the preservative after reaction with the wood components. The entire process of application of preservative to the wood, and conditioning of the wood while fixation takes place, will be carried out in one building of approximately 20,000 square feet Our established treating practices ensure no discharge of treating chemicals from the building in either Shakopee Report Page 2 solid, liquid, or gas form. All washdown water and any drips from the freshly treated material, etc., are collected and reused in the process. The entire building will be enclosed, with insulation and heating to maintain a suitable working temperature in cold weather. During our years in wood preservation, we have developed our own company standards of construction and operation, and these are described in the short video "First Class Treatment", a copy of which is enclosed with this letter. Some members of the Planning Department in City Council have already viewed this, but I hope others may do so, and thereby get an appreciation for our attention to detail and commitment to safety. The building enclosing the treatment operation will have steel framework and coated steel roof and siding. The foundation of the building is an integrated design with the tank storage areas, floors, curbs, etc.,steel reinforced concrete,with very careful attention paid to joint design. The plastic liner which extends below the whole area of the concrete will be of high density polyethylene (HDPE) or laminated polyvinyl chloride (PVC). DRY KELN A second building will house a kiln to dry some of the treated wood, making it suitable for permanent wood foundations under buildings, and for other indoor purposes where a low moisture content is required. This building will probably be constructed of sheet steel on a steel framework and a concrete base. Although not firmly decided yet, the kiln will probably be of the dehumidifier type, using electrical power to drive an air refrigeration unit, and a gas fired burner to supply the additional heat needed in the drying process. The kiln drying process, like the wood preserving process, will not produce any airborne emissions of a ha7nrdous nature. During drying processes, sometimes condensation of water occurs; any condensate will be returned to the treating plant to be used as makeup water. FUEL, TANKS There is an unusual 10,000 gallon fuel tank on the premises that is empty and is for sale. It has a 4' high gravel dike built around it, put in place about 1983, and we believe it is on a concrete pad. The ground around the tank is asphalt. We also have a 1000 gallon LP tank, a 500 gallon diesel fuel tank, and a 230 gallon gasoline tank all of which are above the ground, and in use. We have no underground tanks on our property. GOVERNMENT REGULATIONS TO BE SATISPI1.D The Federal Government now has a design requirement for wood treating operations. This includes the integrity of the containment systems and isolation of stormwater from the treatment process. Shakopee Report Page 3 We intend to fully comply with these Federal regulations, which were finally published December 24, 1992, and take effect either June 24, 1993, or when adopted by an authorized state. In our earliest discussions with the Minnesota Department of Trade and Economic Development, we inquired about state permits needed for such an operation. Because of the type of process, we believe that the only permit required will cover stormwater discharged from the site, and we propose applying for an NPDES Permit for this. As with our present operations, we will be anxious to liaise with the local Fire Department and the Environmental Quality Board to formulate and modify the emergency plans which are an essential component at each of our facilities. HAZARDOUS WASTE A very small annual quantity of hazardous waste will be generated at this plant in the form of sludge (mainly dust coming from the yard), which collects at the foot of tanks, etc. Before starting operations, we will acquire an EPA registration number for this waste generation. The waste will be removed from the site by our chemical suppliers,who operate licensed hazardous waste vehicles, and the final destination of this material, after stabilization, will be an approved hazardous waste landfill. We do not anticipate generating more than three or four 55 gallon drums of waste each year, and all of it will be properly manifested to EPA requirements. We enclose a table showing the location of Universal Forest Products' ten existing wood treating plants, with local government contacts. CONTINGENCY AND EMERGENCY PLANS Over the years, the company has developed procedures to be adopted during an emergency such as a fire, chemical spill, and other unlikely but possible eventualities. Using a common format, a site specific contingency plan and emergency cleanup plan is drawn up, discussed with local emergency teams, and tested by mock emergency training. Emergency numbers are posted by telephones, and all our wood treating crews have access to a telephone in an emergency at any hour of the day or night In addition, we install high water alarm systems which automatically call local management if there is any significant water buildup in a containment pit by calling them at home. An additional call is made to a 24 hour answering service at our corporate office. This ensures the problem is followed up and corrected quickly. . . ::,':,' g .w . .,_ ,...) ,._, ...0 co rs. ,.. 1,-) ON I 3 8 -.--,'.1 M orb cn cc (— ,,,,+ � v a ' - �2 � -71- ► � l. ti_.v-- ..-,_ 4000 8.j �••.. c. is . ; r� V; — rti Lr + ^ L. L. L ° o z.,`�. cJ C) e.) QCJ 00 4:, N Z r, cQ Z: c r ; G-4 Li = a- " C E G E �. - Q Q x c. G, C c°i z I 2 n 2 �r ci 17 2 n8., - : Q a Q Q C Q Q c/ c. n .1 'E:I az z z z z z z Z Q 7:4 LI i > <} . ct Z , M O v v .0 N N O M 0 G1 N O M O M C G'� 4a £s0 CO --. r z} 00 N N kr) v� ,-• V M OHO .O V C. C� ..i c.) z .- Q; 0 a z D c� ¢ z z 3 8 '� .. a.0 0 • cn r.Z UNIVERSAL FOREST PRODUCTS, INC. (Updated 01/19/93) 3153 Three Mile Road, N.E. Grand Rapids, MI 49505 (616) 364-6161 FAX: (616) 361-7534 • ' ' UNIVERSAL EASTERN COMPANY ' ' ' Purchasing Department The Plaza, P.O. Box 1616 100 W. Innes Street, Suite 301 Salisbury, NC 28144 (street address) Salisbury, NC 28145 (P.O. Box) (704) 637-2705 FAX: (704) 638-0329 COO: Don Harris VP: Claude Parent SYP MANAGER: Paul Devine SPF MANAGER: Bill 'Rip' Collins - NORTHEAST DIVISION - PENNSYLVANIA REGION MASSACHUSETTS REGION Manufacturing/Treating Plant#212 Manufacturing/Treating Plant #221 Royer Street 149 Bay Road P.O. Box 31 P.O. Box 945 Gordon, PA 17936-0031 Belchertown, MA 01007-0945 (717) 875-2811 (413) 323-7247 FAX: (717) 875-4072 FAX: (413) 323-5780 COO: Don Harris * COO: Don Harris VP: Bob Lees ' VP: Bob Lees MARKETING MANAGER: Michael Brown * GMO: Chris Joseph PM: Tom Staskel PM: Glenn Moore - ATLANTIC DIVISION - NORTH CAROLINA REGION WEST VIRGINIA REGION Manufacturing/Treating Plant #214 Manufacturing/Treating Plant#228 358 Woodmill Road R.R. 1, Route 9 West P.O. Box 1635 P.O. Box 188 Salisbury, NC 28145-1635 Ranson, WV 25438 (704) 855-1600 (304) 728-8484 FAX: (704) 855-2130 FAX: (304) 728-8497 COO: Don Harris COO: Don Harris VP: Bob Coleman * VP: Bob Coleman PM: Kraig Jansen GMO: Joe Granger SALES MANAGER: Phil Anderson PM: Doug Melpolder UNIVERSAL FOREST PRODUCTS OF CANADA, INC. ONTARIO REGION QUEBEC REGION Distribution Plant#229 Manufacturing Plant#250 5881 Thorold Stone Road, Box 3 110 Montee Guay Niagara Falls, Ontario L2J 1A1 St. Bernard de Lacolle, Quebec JOJ 1 VO (416) 374-2333 P.O. Box 367, Champlain, NY 12919 FAX: (416) 374-3585 (514) 246-3829 COO: Don Harris FAX: (514) 246-2687 VP: Claude Parent COO: Don Harris GMO: ReJean Trempe • indicates'home office' UFP, Inc. - Updated 01/19/93 Page Three * • ' * UNIVERSAL MIDWEST COMPANY ' ' • Purchasing Department 3153 Three Mile Road, N.E. Grand Rapids, MI 49505 (616) 361-5010 FAX: (616) 361-0151 COO: Chuck Felix ' MANAGER: Pat Webster MARKETING MANAGER: Dennis Moroz - NORTH CENTRAL DIVISION - SOUTHERN WISCONSIN REGION Manufacturing/Treating Plant#219 Satelite Manufacturing Plant 1118 Humes Road County Road 0 P.O. Box 1104 P.O. Box 37 Janesville, WI 53547 (P.O. Box) Warrens, WI 54666-0037 Janesville, WI 53545 (St. Address) (608) 378-4904 (608) 755-6200 FAX: (608) 378-4669 FAX: (608) 755-6213 COO: Chuck Felix COO: Chuck Felix VP: John Sturges VP: John Sturges ' GMO: Dick McBride GMO: Dick McBride ' SALES MANAGER: Rick Dorman SALES MANAGER: Rick Dorman MINNESOTA REGION Distribution Plant #232 1570 East Highway 101 Shakopee, MN 55379 (612) 496-3080 FAX: (612) 496-0085 COO: Chuck Felix VP: John Sturges GMO: Jim Scheible - GREAT LAKES DIVISION - INDIANA REGION Manufacturing/Treating Plant #218 50415 Herbert Street P.O. Box 129 Granger, IN 46530-0129 (219) 277-7670 FAX: (219) 277-0547 COO: Chuck Felix VP: John Sturges PM: Greg Walz PMT: Dave Nethers SALES MANAGER: Daryl Trierweiler • indicates "home office' UFP, Inc. - Updated 01/19/93 Page Five • • • ' UNIVERSAL FAR WEST COMPANY ' ' " • Purchasing Department 16300 Gothard Street P.O. Box 1970 Huntington Beach, CA 92647 (714) 842-6681 FAX: (714) 847-7329 COO: Gary Adamson MARKETING MANAGER: Al Pevonka CREDIT MANAGER: Ted Gardner SOUTHERN CALIFORNIA REGION Manufacturing Plant#236 Manufacturing Plant #238 16300 Gothard Street 23730 Building B Sunnymead Blvd. P.O. Box 1970 Moreno Valley, CA 92557 Huntington Beach, CA 92647 (714) 486-9289 (714) 842-6681 FAX: (714) 486-9391 FAX: (714) 847-7329 COO: Gary Adamson COO: Gary Adamson • VP: Bobby Hill VP: Bobby Hill " GMO: Dave Wulbrecht GMO: Dave Wulbrecht • PM: Richard Manly PM: Jim Long NORTHERN CALIFORNIA REGION OREGON REGION Manufacturing Plant #235 Manufacturing Plant #245 4554 S. El Dorado Street 2895 Progress Way P.O. Box 31690 P.O. Box 296 Stockton, CA 95213 (P.O. Box) Woodburn, OR 97071 Stockton, CA 94206 (St. Address) (503) 226-6240 (209) 982-0825 FAX: (503) 226-4825 FAX: (209) 982-4553 COO: Gary Adamson COO: Gary Adamson VP: Bobby Hill VP: Bobby Hill GMO: Dennis Miller GMO: Mark Berger PM: Gary Zauner PM: Dale Cantrell MARKETING MANAGER: Al Pevonka " SALES MANAGER: Paul Carroll • indicates 'home office' SCOTT COUNTY EXHIBIT C ENVIRONMENTAL HEALTH COURTHOUSE A102 ri 428 S. Holmes St. :;ti.:r: = ':-_-_ SHAKOPEE, MN 55379-1393 (612) 496-8177 April 8 , 1993 Lindberg Ekola Shakopee City Planner Shakopee City Hall 129 Holmes St S Shakopee, MN 55379 Dear Mr. Ekola; This letter addresses the proposed request by Universal Forest Products to operate a wood preservation facility at 1570 Highway 101 East in the City of Shakopee. The wood preserving chemical that would be used is CCA (chromium, copper, and arsenic ) . Peter Schmitt of this Office and I discussed the proposed operation with Mr. James Scheible of Universal Forest Products on January 19 , 1993 . I have listed below the concerns we have about this operation. 1. The release of chromium and arsenic into the atmosphere. The documentation received from Universal Forest Products states that there will be no treatment chemical gas discharged from the building. However, we are not convinced that this can always be prevented. There is no data to our knowledge on the release of chromium or arsenic to the atmosphere from CCA facilities or what the possible effects on human health or the environment might be if a release were to occur. Peter Schmitt spoke with representatives from the Environmental Protection Agency (EPA) in both Chicago (Dan Patulski, 312-886-0656 ) and Washington, D.C. (John Dombrowski, 202-260-7834 ) about this subject. They said air emissions were not addressed in EPA' s recent rulemaking on wood preserving facilities . We suspect air emissions will be addressed by the EPA at some point in the future. Despite the lack of information on air emissions from these facilities, we are concerned about the likelihood of this effect, especially on a prolonged basis for the residents very near the proposed site. 2 . Unlike the information about air emissions, the release of chromium and arsenic into the soil and into ground and surface waters has been reported in numerous wood treatment locations around the country. Mr. Scheible stated that Universal Forest Products plans to have the treatment vessel and drip pad located entirely within an enclosed building. When the treated wood has stopped dripping, it would be moved outside. Even though the wood may no longer be dripping, we are concerned that some chrome and arsenic will contaminate the area beneath the outside piles when precipitation falls, and that the levels of these metals could become very significant over a long period of time . The An Equal Opportunity IAjfirmatit,e Action Employer Lindberg Ekola Shakopee City Plani._r Page 2 release of chromium and arsenic from the wood may also occur when there are changes in barometric pressure. Dan Patulski of EPA Region V in Chicago told Mr. Schmitt that the draft EPA rules addressed this storage concern, but those rules were removed at the request of the treatment facilities due to the high cost of complying with such rules. wasetestedwere ubeneathle o find any data on soils or ground water treated wood piles . To address our concerns about potenWialusoil and water Scheible contamination beneath these piles, ggiltante that they collect all precipitation that came into contact with treated wood on a curbed, impermeable surface such as concrete or asphalt. This water could be collected and reused in the treatment process. This should also make it easier to comply with storm water management and National Pollutant Discharge Elimination System (NPDES ) requirements on the property. Should Shakopee elect not to require the entire treated wood storage area be paved, we would urge the City to require annual testing of the soil beneath the treated wood storage piles . We would also recommend that a post closure financial assurance fund be established for site remediation when the plant closes . Such remediation funds are becoming standard for facilities managing waste, and will probably also become common for companies managing hazardous chemicals products . The geology of this site is such that any soil contamination is likely to rapidly enter the limestone and subsequently the river. We do not know of any wells in the immediate vicinity or north east of the site. If there are still some wells in the limestone in this area, they would be at risk from any releases on this site. We believe that our major concerns could be resolved, as noted above, by storing treated wood on a paved surface and with additional information backed by ..,testing on air emissions. Mr . Scheible may be providing us more information regarding hese concerns . Therefore, this may not be our definitive position on this . If you have any questions regarding this issue please feel free to call us at 496-8177 . Sincerely, / j' Allen Frechette, Environmental Health Manager cc : Mr. Jim Scheible, Universal Forest Products CONSENT loc. MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Temporary Overhead Electric Line Along Vierling Drive, beginning at Marschall Road (CR17) and Continuing East to Ruby Lane DATE: June 7, 1993 INTRODUCTION: The Shakopee Public Utilities Commission (SPUC) is requesting a temporary overhead electric line be constructed along Vierling Drive, beginning at Marschall Road and continuing east to Ruby Lane. Section 4 . 35 of the City Code requires that all utility lines be placed underground. At their meeting on June 3 , 1993, the Planning Commission recommended approval of this request for a temporary exception to this requirement. The electric line would be undergrounded either later this fall or early next spring. BACKGROUND: Section 4. 35 of the City Code does provide for an exception to the underground placement of utility lines. The following is an excerpt from the City Code in reference to the provision of overhead power lines: B. Technical and Economic Feasibility. Above-ground placement, construction, modification, or replacement of lines shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: i. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2 . Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground utility placement. Section 4 . 35 also provides for the placement of temporary service lines during new construction of any project for a period not to exceed 24 months. DISCUSSION: Attached is a memo (Exhibit A) from the Utility Manager on the proposed temporary overhead electric line. The overhead line is needed to serve homes in the Heritage Subdivision by this summer. Due to the construction of a watermain along Vierling Drive, the Utility Manager recommends that the electric service be placed 1 overhead temporarily during the construction of the watermain. The watermain project should be completed by early fall of 1993 . The electric line would be undergrounded either later this fall or early next spring. Due to the construction of the watermain, it is both technically and economically more feasible to construct the underground electric line after the completion of the watermain. The existing electric service in this area would not be capable of providing adequate electric service to the new homes in the Heritage Addition this summer. Therefore, it is necessary to provide the temporary overhead electric service. ALTERNATIVES: 1. Approve the request for the temporary overhead electrical line. 2 . Deny the request for a temporary overhead electric line. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3811, A Resolution Approving a Temporary Overhead Electric Line along Vierling Drive, Beginning at Marschall Road and Continuing East to Ruby Lane, for a Period not to Exceed 24 months, and move its adoption. 2 RESOLUTION NO. 3811 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A TEMPORARY OVERHEAD ELECTRIC LINE ALONG VIERLING DRIVE, BEGINNING AT MARSCHALL ROAD AND CONTINUING EAST TO RUBY LANE, FOR A PERIOD NOT TO EXCEED 24 MONTHS. WHEREAS, the Shakopee Public Utilities Commission has submitted a request for approval of a temporary overhead electric line along Vierling Drive, beginning at Marschall Road and continuing east to Ruby Lane for a period of time not to exceed 24 months, dated May 20, 1993 , under the provisions of Section 4 . 35 of the Shakopee City Code, for the placement of a temporary service line during new construction; and WHEREAS, this parcel is presently zoned Highway Business (B- 1) , Rural Residential (R-2) , and Mid-Density Residential (R-3) ; and WHEREAS, the property upon which the request is being made is described as: Approximately 1, 350 feet of distance, 35 feet on either side of the Centerline along Vierling Drive, beginning on the east side of Marschall Road (CR 17) and continuing east to Ruby Lane; and WHEREAS, notice was provided and on June 3 , 1993 , the Planning Commission conducted a public hearing regarding this request, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing the Planning Commission voted to recommend approval of the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the request for approval of an exception to Section 4. 35 requiring all utility lines to be placed underground and approving a request for approval of a temporary overhead electric line along Vierling Drive, beginning on the east side of Marschall Road (CR 17) and continuing east to Ruby Lane, for a period of time not to exceed 24 months, is hereby APPROVED. 3 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 4 EXHIBIT A eTO Lindberg Ekola LSV11. Lou Van HouL Rte : Overhead Electric Line - Vierling Drive East of Marschall Road Another t L er ..leCLi.iC line i5 needed to supply adequate electric vow^r to the heritage Additions and nearby areas . With the growth of the number of homes in this area, this line is needed before Summer 1993 . T and L 1 1 1 1 1 L S The intent was , still is , to install permanent underground cables on Vierling Drive from Marschall Road eastward to serve the Heritage Additions and other customers in that area . With the construction of a watermain on Vierling Drive planned for this summer, it would be unwise to install an underground line at this time . We are requesting authorization for construction of a temporary overhead electric line along Vierling Drive, from Marschall arschall Road eastward, ending near Ruby Lane; to remain until after the installation of the watermain on Vierling Drive i5 finished. The electric service into the interior parts of all subdivisions served from this Mile Will be underground wiring as usual . l T 1 that L would request B :. t-i5 temporary overhead line be considered by the Planning Commission. N1 C^ C `: 3NY1 1.9ne �; U w C74 N. z � z � . - ' l to E vl A > a c r Ca qo ;- k til 4 u CQ 3( 1 1 I I ( J G - K., h L i ( v 2 c v I I ( o I I v1 _ v 1 a . ire Quo s c c k.-1.) Q re, ; )moi. Z ^, p d t.'2 G v z F,- > r J Z d ( ' i gDJ MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Overhead Electric Line Along County Road 78, Between County Roads 79 and 17 . DATE: June 7 , 1993 INTRODUCTION: The Shakopee Public Utilities Commission (SPUC) is requesting to relocate an existing overhead electric line along CR 78. SPUC is also proposing to add a second circuit to this overhead electric line. Section 4 . 35 of the City Code requires that all utility lines be placed underground. At their meeting on June 3, 1993 , the Planning Commission recommended approval of this request for an exception to this requirement. BACKGROUND: Section 4 . 35 of the City Code does provide for an exception to the underground placement of utility lines. The following is an excerpt from the City Code in reference to the provision of overhead power lines: B. Technical and Economic Feasibility. Above-ground placement, construction, modification, or replacement of lines shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2 . Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground utility placement. DISCUSSION: Attached is a memo (Exhibit A) from the Utility Manager on the proposed overhead electric line. Included with this memo are copies of a photograph of the existing overhead electric line, a map illustrating existing overhead electric lines in the CR 78 area, a drawing of the future electric line configuration, and further information from the Utility Manager on the economic aspects of undergrounding the electric line along CR 78 . The overhead electric lines would be supported by wood poles spaced 200 to 240 feet apart. The wood poles would extend up to 34 feet in height. 1 In general, it is preferable not to have overhead electric lines constructed for several reasons. Safety and aesthetical concerns are two of the primary issues involved with overhead lines. Based on the economic concerns raised by the Utility Manager staff is recommending approval of the proposed relocation and upgrade of the overhead electric line along CR 78 . ALTERNATIVES: 1. Approve the request for the proposed overhead electric line project. 2 . Deny the request for the proposed overhead electrical line. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3812 , A Resolution Approving an Overhead Electric Line Along County Road 78 , Between County Road 79 and County Road 17 (Marschall Road) , and move its adoption. 2 RESOLUTION NO. 3812 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN OVERHEAD ELECTRIC LINE ALONG COUNTY ROAD 78, BETWEEN COUNTY ROAD 79 AND COUNTY ROAD 17 (MARSCHALL ROAD) . WHEREAS, the Shakopee Public Utilities Commission has submitted a request for approval of an overhead electric line along County Road 78, Between County Road 79 and County Road 17 (Marschall Road) dated May 20, 1993 , under the provisions of Section 4 . 35 of the Shakopee City Code for an exception to the requirement for the underground placement of electric lines; and WHEREAS, this parcel is presently zoned Rural Residential (R-1) ; and WHEREAS, the property upon which the request is being made is described as: Approximately 4, 000 feet of distance along CR 78, beginning at CR 79 and continuing east to Marschall Road (CR 17) ; and WHEREAS, notice was provided and on June 3 , 1993 , the Planning Commission conducted a public hearing regarding this request, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing the Planning Commission voted to recommend approval of the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the request for approval of an exception to Section 4. 35 requiring all utility lines to be placed underground and approving a request for approval of an overhead electric line along County Road 78, Between County Road 79 and County Road 17 (Marschall Road) under the provisions of Section 4 . 35 of the Shakopee City Code is hereby APPROVED. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 3 EXHIBIT A Lc.) . Lindberg Ekola Lou_ Van :out ccV.1: RE : Overhead Electric Lille - County Road 'o , Marschall :toad to County road 73 Pecause o: the County Road 'C project , _n the ver: near future 'N^ will have to relocate the existing overhead electric line which runs along that road. Although this ;roject :las been planned for some time, the line along that road had been originally been installed set-back from the road somewhat further than usual , in a special easement , in anticipation -_ f.! L 1 ' 3 that.. _t _✓a i__Vll Oi. LLL road being widened. we had believed LLL would not be rCL.C7:aro to have _t relocated. ^. short timea o we were advised that the overhead line� needs to be relocated by mid- July 1993 for the road work to pr'Jt.=Cd, and we are now proceeding with the design eJig% 7G_ that relocation.lo__i J_ . L L 7n c`'SJ a SCVaratC ltlaLte_ _t a J =tem stud: done _ _. 74 , our consulting engineer hasplanned for a JCl.ulld circuit to be constructed along that same route . Th is second circuit on County Road 78 would connect to the new South Substation, _ but need for that portion of the line along u;J3La.ion, the � ,y County Road not dependent of L site of that L L � L � Road 78 is the site that substation . ) That second circuit had not been expected to be built until 1995 ; however, the road widening project has now brought the issue to f.f.. L tL design fore . we now have the opportunityto dcSiyi: %i"?e construction of the first circ.._ _ differently if we know we are vroviding for a double circuit . The cost will be about the same , but the visual impact would be improved if the line was designed for a double circuit from the start . i would request that the upgrade, from one circuit to two circuits , of rhe existing overhead line e-• County Road 78 between Marschall l l and County o u t_. road 7 be 1, - by the i 1 Road L.vun t_ i 9 , considered P laillhiil? k.VMMLJJiV11. • TO: Lindberg Ekola FROM: Lou Van Flout ; / ' RE: Overhead Electric Line - County Road 78, Marschall Road to County road 79 DATE: 5/26/93 The following information is a supplement to my 5/20/93 memo on this subject . Enclosed are: a. some photo ' s of the existing overhead line on C.R. 78 . b. a sketch showing the configuration of the proposed new double-circuit overhead line. c . estimate of cost difference: Please see below. In response to the question of cost difference between overhead and underground line in this particular section of road, I used the cost estimates developed by our consulting engineer in his evaluation of various substation sites . As part of his evaluation of those sites, he estimated the costs for typical construction of distribution lines along county roads . There is no reason why his estimates would be different for construction on County Road 78 as compared to any other county road, so his figures (per foot ) were extended out for the length of the line in question. The distance along County Road 78 - between Marschall Road and County Road 79 - is 3/4 of a mile or approximately 4000 feet . For overhead main lines ( estimated cost of $10 per foot ) , this would be $40 ,000 per circuit , for a total of $80 ,000 for the two overhead lines . For underground main circuits , it would be most cost effective to have both circuits installed in a single trench at the same time. At the estimated cost ( $26 per foot for trenching; and $63 per foot for cable, conduit, and concrete cap poured above the cable run) , this would be $608 ,000 for the two underground lines . Please consider this additional information together with that in my previous memo . _-- ' ----- - � '--�` ' ' I i .. .... , ` . /' � ' - i 11111111 ul Lill ILL 4 1 L-1----SUUL-Pr-t-r -4%44- 1,,. i T-Ljt- -E---t--- 4"1:1---5 -n'cfljTjTdr- n_l_a,r:ari E79rsilil 2 p4i, .- . , ft, , -- ---- lin e... e . ,,,,,, t A ?.‘. , :;.., t -...---1 • .;,..._ ,...,. „...,---,,-.... ,... i, : ,,,; •. , _ . 4, . . .1 ,...., , I! 9 .1 i •ii.-7---4,.c„. e --tr----N.,___I..-.__.__._ i.Mk-01U seta-24 sorA IIIII A / c' I • • \ 1 14ATUul. 1"1" L'—'—'',T.,; t 1 --------J1 i------'! t 1 — ii .-------------.i I . i • j. 13 IS 17 II' -- ..... :. 111111 i 14 foga ... 19 .:, 20 1: • y... iv. 141/ i i , c=ill ...•.• • =A---- cLr-1 —1 1 . • \\ 2gA'A ------ ,r • // o•DLT.ID ,d., i., e " X191146 OvEKH '• ' orLAKE --_,- \ i 30 szonttc. 1.../k/ ) _— [----- • • • SIiRkoPe PUBLIC UT1LLT LE5 PRUPoSEO Z . 0.H. LLnr E C� . Rd. 79 5- 26-93 -. :14 _ Yom'-'- . j C • •V �> 1 i • i 1 r-�e+►fja�rtisc:xr -4 ( 5Ti&t - C1.0,121C-- - CRca. RA_ 7, 5- �G. 45 LJ4JC78 Ila , MEMO TO: Honorable Mayor and Council 01( FROM: Dennis R. Kraft, City Administrator RE: Proposed Action on Labor Agreement Between Local 320 Professional Clerical Workers and the City of Shakopee DATE: June 14, 1993 Item lla. on June 15, 1993 agenda relates to the approval of a union contract between the City and the clerical professional union. Today I received a certified copy of a Maintenance of Status Quo Order from the Bureau of Mediation Services . This order specifically prohibits the City from changing wages, hours or other existing conditions of employment, prevents the City from carrying on negotiations, prevents us from threatening or promising to make changes in wages, hours or conditions of employment and also prevents us from questioning employees as to whether they are in a labor organization and also prohibits us from discriminating against people who may have filed this petition. Therefore item lla. should be deleted from the agenda in order to not violate the B.M.S . Status Quo Order. CC: Marilyn Remer Fulton Scheisman BUREAU OF MEDIATION SERVICES-STATE OF MINNESOTA ST. PAUL, MINNESOTA 55108 TO: Dennis Kraft, Administrator June 11, 1993 City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 BNS Case No. 93-PDE-1731 MAINTENANCE OF STATUS QUO ORDER A petition requesting decertification of the exclusive representative was filed with the State of Minnesota, Bureau of Mediation Services on Thursday, June 10, 1993, by Certain Employees of the City of Shakopee, Minnesota. The petition raises questions as to the majority status of the following described employee unit, presently represented by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 3201 Minneapolis, Minnesota: All clerical _ engineering and maintenance workers . employed by the City of Shakopee, Minnesota, who are public employees within the meaning of Minn. Stat. 179A. 03 , subd. 14 , excluding supervisory, confidential, and all employees represented by an exclusive representative. This Order is issued to preserve existing conditions and promote a free and fair environment for the resolution of this question of representation. This Order is applicable to all employees within the above-described employee group. It shall remain in full force and effect until an investigation and/or hearing has been conducted and the matter is disposed of by a determination issued by the Commissioner of the Bureau of Mediation Services. ORDER 1. Wages, hours and all existing conditions of employment of the employees shall not be changed as of the date of this Order. 2 . Negotiations shall not be carried on. 3. Threats or promises as to changes in wages, hours and conditions of employment are prohibited. 4. Employees shall not be questioned by the employer with respect to membership in a labor organization. 5. Employees shall not be discriminated against as a result the filing of the petition. This Order shall not conflict with provisions of an existing labor-management contract or applicable law. STATE OF MINNESOTA Bureau of Mediation Services 96/x-et cY• 96/tAx2/9A / JANET L. JOHNSON, Representation Specialist gar cc: Tamara Vidmar Dennis Kraft (2) (Includes Posting Copy) Sue Mauren MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Labor Agreement Between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 - Clerical, Custodial and Technical Employees DATE: May 26, 1993 INTRODUCTION: Shown in attachment #1 is a copy of the proposed labor agreement between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local #320 . Staff is recommending that the appropriate City officials be authorized to execute the proposed labor agreement . BACKGROUND: The proposed labor agreement provides for a 3% cost of living adjustment for those employees within the clerical, custodial and technical employee bargaining unit . The proposed cost of living adjustment is consistent with the increase received by non-union employees for calendar year 1993 . The duration of the proposed agreement is two years. However, there is a provision which calls for the contract to be reopened in 1994 to discuss wages . The other provisions noted in the labor agreement are basically consistent with policy and procedures currently being applied by the City to other bargaining units within the City. Staff is recommending that the appropriate City officials be authorized to execute the proposed labor agreement . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employee Union, Local #320 - Clerical, Custodial and Technical . 2 . Do not authorize the appropriate City officials to execute the proposed labor agreement . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employee Union, Local #320 - Clerical, Custodial and Technical .for 1993 - 1994. LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 January 1, 1993 - December 31, 1994 1 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 1 II RECOGNITION 1 III UNION SECURITY 1 IV EMPLOYER AUTHORITY 2 V EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . 2 VI DEFINITIONS 5 VII SAVINGS CLAUSE 6 VIII WORK SCHEDULES 6 IX OVERTIME PAY 6 X CALL BACK 7 XI RIGHT OF SUBCONTRACT 7 XII DISCIPLINE 7 XIII SENIORITY 8 XIV PROBATIONARY PERIODS 8 XV SAFETY 8 XVI JOB POSTING 8 XVII INSURANCE 9 XVIII PART-TIME EMPLOYEE BENEFITS 9 XIX SICK LEAVE 9 XX SEVERANCE PAY 9 XXI HOLIDAYS 10 XXII VACATIONS 10 XXIII WAIVER 10 XIV DURATION 11 APPENDIX A - WAGES 12 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I - PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Shakopee, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1. 1 Establish certain hours, wages and other conditions of employment; 1. 2 Establish procedures for the resolution of disputes concerning this AGREEMENT' S interpretation and/or application; 1. 3 Specify the full and complete understanding of the parties; and 1. 4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II - RECOGNITION 2 . 1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 92-PCE-1540. 2 . 2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of any job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III - UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3 . 1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3 . 2 Remit such deduction to the appropriate designated officer of the UNION. 3 . 3 The UNION may designate not more than two employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3 .4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgements brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 3 . 5 The EMPLOYER shall make space available on the designated bulletin board for the posting of UNION notices and announcements. ARTICLE IV - EMPLOYER AUTHORITY 4 . 1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 4.2 Any term and condition of employment not specifically • established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE V - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 5. 1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 5.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 5. 3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER 2 that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 5.4 PROCEDURE Grievances, as defined by Section 5. 1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE' S supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to •Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative' s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative' s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. 3 Step 3 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER' S Step 3 answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 3 answer. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the rules established by the State Bureau of Mediation Services. 5.5 ARBITRATOR' S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator' s decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator ' s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator' s services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, 4 providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 5. 6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived" . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER' S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE VI - DEFINITIONS 6. 1 UNION: The Minnesota Teamsters Public & Law Enforcement Employees Union, Local No. 320. 6. 2 EMPLOYER: The City of Shakopee. 6. 3 UNION MEMBER: A member of the Minnesota Teamsters Public & Law Enforcement Employees Union, Local No.- 320. 6. 4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 6. 5 SENIORITY: Length of continuous service in any job classification covered by ARTICLE II - RECOGNITION. Part-time employees shall be given pro-rata credit for the purpose of calculating continuous service. 6. 6 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of forty (40) hours within a seven (7) day period. 6.7 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned work shift. An extension of or early report to an assigned shift is not a call back. 6. 8 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 6. 9 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 5 6. 10 REST BREAK: A paid fifteen minute period during each four (4) hours of scheduled work. 6. 11 IMMEDIATE FAMILY: Shall mean mother, father, spouse, child, brother, sister, grandchild or grandparent of the employee. ARTICLE VII - SAVINGS CLAUSE This AGREEMENT is subject to law. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE VIII - WORK SCHEDULES 8 . 1 The sole authority for work schedules is the EMPLOYER. 8 . 2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the employee's normal work day. The EMPLOYER will give 24 hours advance notice to the employees affected by the establishment of work days different from the • employee' s normal work day. 8 . 3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the employee ' s normal work day. 8 . 4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE IX - OVERTIME PAY 9 . 1 Hours worked in excess of forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee' s regular base pay rate and will be paid in cash or in compensatory time off to be accumulated to a maximum of forty (40) hours, as determined by the City Administrator or designated representative. Compensatory time not used by 12/31 of each calendar year will be paid to the employee as of 12/31 of each year. 9 .2 Overtime will be distributed as equally as practicable. 6 9. 3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 9.4 Employee' s have an obligation to work overtime or call backs if requested unless unusual circumstances prevents the employee from working. ARTICLE X - CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of one (1) hours ' pay at one and one-half (1-1/2) times the employee's base pay rate only after the employee has attained 40 hours of work performed. ARTICLE XI - RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XII - DISCIPLINE 12 . 1 The EMPLOYER will discipline employees - for just cause only. Discipline will be in one or more of the following forms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Demotion; or e) Discharge 12 .2 Suspension, demotions and discharges will be in written form. 12 . 3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee' s personnel file shall be read and acknowledged by the signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 12 .4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 12 . 5 Employees will not be questioned in an investigation interview where the results of the interview could lead to the discipline of the employee unless the employee has been given an opportunity to have a UNION representative present at such questioning. 7 ARTICLE XIII - SENIORITY 13 . 1 Seniority will be the determining criterion for transfers, promotions and lay offs only when the job-relevant qualification factors between employees are equal. 13 . 2 Seniority will be the determining criterion for recall when the job-relevant qualification factors between employees are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee' s last known address to report to work or forfeit all recall rights. 13 . 3 A seniority roster shall be maintained by the EMPLOYER on the basis of total length of compensated continuous employment by classification. ARTICLE XIV - PROBATIONARY PERIODS 14 . 1 All newly hired or rehired employees will serve a six (6) month probationary period. 14 . 2 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 14 . 3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 14 . 4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee 's previous position at the sole discretion of the EMPLOYER. ARTICLE XV - SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVI - JOB POSTING Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 8 ARTICLE XVII - INSURANCES 17. 1 The EMPLOYER will contribute up to a maximum of $286. 66 per month per employee for group health and life insurance, including dependent coverage for calendar 1993 . For calendar 1994 the EMPLOYER will contribute an amount equal to that paid by the EMPLOYER for its non-organized employees. 17 .2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee 's expense to the extent allowed under the EMPLOYER' S group policy. 17. 3 Employees will be covered by a group long term disability insurance program. ARTICLE XVIII - PART-TIME EMPLOYEE BENEFITS Employees regularly scheduled to work twenty (20) hours or more per week will receive pro-rata sick leave, vacation, holiday, and severance benefits. Eligibility for health insurance benefits for part-time employees regularly scheduled to work twenty (20) hours or more per week will be as established by the City' s contract with its insurance carriers. ARTICLE XIX - SICK LEAVE 19 . 1 Full-time employees shall accumulate sick leave at the rate of eight (8) hours per month. Sick leave may accrue at the rate of 96 hours per year to a maximum of 960 hours. 19 . 2 Three (3) scheduled work days per occurrence shall be granted for a death in the immediate family as defined in Article 6. 11. ARTICLE XX - SEVERANCE PAY An employee who has completed five (5) full years of full-time employment or the equivalent (2080 hours/year) with the City of Shakopee and who is separated from the employee ' s position by retirement, discharge, or resignation shall- receive a lump sum payment, in an amount to equal one-third the value of all accumulated sick leave calculated on the basis of the employee' s current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, the employee shall forfeit this right to all accumulated sick leave. 9 ARTICLE XXI - HOLIDAYS The EMPLOYER will provide the following eleven (11) paid holidays. January 1 1st Monday in September 3rd Monday in January Veteran's Day, November 11th 3rd Monday in February 4th Thursday in November Friday before Easter 4th Friday in November Last Monday in May December 25th July 4th ARTICLE XXII - VACATIONS Vacation leave shall be earned by full-time employees at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16 - 20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except in emergencies and exceptional cases to be determined by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation. ARTICLE XXIII - WAIVER 23 . 1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 23 . 2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. 10 ARTICLE XIV - DURATION This AGREEMENT shall be effective as of January 1, 1993 and shall remain in full force and effect until the 31st day of December, 1994. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 1993 . FOR THE CITY OF SHAKOPEE: FOR THE MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 11 APPENDIX A WAGES 1993 WAGE SCHEDULE Step 1 Step 2 Step 3 Step 4 Job Title Points 75% 80% 90% 100% Bldg. Official 82 30, 229 32 ,245 36, 275 40, 306 Bldg. Inspector 80 29, 065 30, 518 33 , 570 36, 927 Eng. Tech. IV 80 29, 469 31, 434 35, 363 39, 292 Eng. Tech. III 70 25, 706 27, 419 30, 847 34, 274 Eng. Tech. II 65 23 , 824 25,412 28, 589 31, 765 Sr. Acct. Clerk 61 28, 459 30, 356 34, 151 37, 945 Secretary 56 20, 440 21, 803 24 , 528 27,254 Acct. Clerk 55 20, 060 21, 398 24 , 072 26, 747 Clk. Typist II 54 19, 689 21, 002 23 , 627 26,253 Clerk Typist 47 17, 057 18, 194 20, 468 22 ,742 Receptionist 46 16, 677 17, 789 20, 012 22, 236 Custodian 37 14 , 813 15, 801 17, 776 19,751 The parties agree that the 1994 wage schedule only is negotiable for 1994 . Movement from one step to another on anniversary date of employment is contingent on satisfactory performance. Disputes as to performance are grievable but not subject to arbitration under Article V of this Agreement. 12 *It b. SHAKOPEE FIRE DEPARTMENT Department Memo To: Dennis Kraft, City Administrator From: Frank Ries, Fire Chief and Aerial Truck Committee Date: June 13 , 1993 Subject: Award Bid for Aerial Apparatus Introduction: This memo is regarding awarding the bid to purchase the aerial platform apparatus which is a budgeted item for fiscal year 1993 . As per the memo to Council dated February 2, 1993 we were instructed to advertise for bids. The Shakopee Fire Department formed a research committee which consisted of Mark Huge chairman, Marvin Athmann Assistant Chairman, Terry Stang, Marty Glynn, Al Geis, Mike Dircks and Dan Leadstrom, with Mike Ryan as an alternate. Working as a team, with each person accountable for one or more area (s) of the apparatus, this committee spent more than 1200 person hours reviewing and evaluating manufacturing literature, face to face vendor evaluations and on site vendor facility tours. Many of the committee took personal time off of their full time jobs during this evaluation to be certain that appropriate specifications were developed for the bid process. Background: Per previous memos and discussions regarding unreliability and inadequacy of the present 1976 aerial platform, it has been determined the apparatus should be replaced. The request for bids were published on May 20, 1993 . Two responses were received for this apparatus at the time of bid opening, June 11, 1993 13 : 00 hours. Discussion: Two bids were received, one from Pierce Manufacturing at $535, 000 and one Simon LTI at $548 . 767 . Upon review of the bid specifications we found the Simon LTI to most closely meet the specifications. The major areas of concern that were best meet by Simon LTI were the following: Rear suspension: Pierce Manufacturing bid a Hendrickson solid rubber mount system. Simon LTI bid a Chalmers rear suspension system. Our Present Aerial has the Hendrickson system and this has become a safety and maintenance concern. The Chalmers system is a more advanced system which lessens maintenance and stresses to the truck chassis and ladder system. - Platform Size: The Pierce Manufacturing platform floor has dimensions of 36" L x 60" W. The Simon LTI platform floor has the dimension of 48" L x 82" W. The Simon LTI platform most closely meets the specifications. The larger size provides greater working space for safety preforming rescue operations and water application. The entrance and exit gates are also larger providing better personal movement on and off the platform when in full protective clothing. The Simon LTI also provides lifting jibs which are used for repelling and stokes basket rescue. - Ladder Width: The Pierce Manufacturing ladder top fly has an inside width of 21. 5" and handrail height of 22 . 7" . The Simon LTI ladder top fly has an inside width of 24" and handrail height of 24" . The Simon LTI most closely meets the specifications. The 2 . 5 additional inches on the Simon LTI ladder provides significantly more space for the firefighter in full protective clothing. This becomes even more important in a situation where a victim is being recused/escorted by a firefighter at elevations not normally encountered by a civilian. - Compartment Space and Access: The Simon LTI most closely meets the specification for cabinet space and access. The Top front cabinets are approximately 3 inches deeper and the two front cabinets have full access doors from top to bottom. - Ladder Platform Hydraulic Control System: Both Pierce Manufacturing and Simon LTI control the hydraulic system through engine speed and hand control levers. Simon LTI best meets the specification as they also provide a two speed hydraulic system which is switchable without changing engine RPM. The Simon LTI system allows for improved platform movement without affecting water flow operation. This flexibility in speed without loss of power increases safety in hazardous locations. Alternatives: 1. Award the bid to Simon LTI for $548, 767 . 2 . Award the bid to Pierce Manufacturing for $535, 000. 3 . Do not purchase the apparatus. Recommendations: The Shakopee Fire Department recommends choosing option number one as this option most thoroughly meets the specifications. The above listed features when implemented over the lifetime of the unit more than justifies the $13 , 767 difference between the Pierce Manufacturing and Simon LTI units. All of the above listed features greatly affect system usability, operation and safety. Regarding financing of this apparatus, the manufacturers provide price reductions or credits if different payment schedules are used. We recommend that the Simon LTI payment schedule be studied by Finance Director Gregg Voxland, and that he make the determination regarding the best payment schedule and method. Sincerely, Frank Ries Shakopee Fire Chief CONSENT 11c MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Purchase of Property South of Senior High DATE: June 10, 1993 INTRODUCTION AND BACKGROUND: Pursuant to Council direction, I have met with Mr. Wayne Fleck to discuss the City's desire to purchase property south of the senior high. Mr. Fleck is in agreement to selling approximately 65 acres to the City at the price offered by City Council. It is appropriate at this time that City Council authorize the appropriate city officials to execute a purchase agreement with the seller. In addition, I recommend that the authorization include all actions necessary to complete the purchase of the property. RECOMMENDED ACTION: Authorize the appropriate City officials to execute a purchase agreement and other necessary documents by and between the City of Shakopee and Gold Nugget Development Inc. to facilitate the purchase of approximately 65 acres located south of the Shakopee Senior High School. i / cd CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (6/ / ) for the 1993 budget. Attached is a print out showing the budget status as of 06/09/93 for 1993 based on data entered as of that date. The check to Marquette in the amount of $2 , 797 , 823 is for the purchase of an investment. The check to First Trust in the amount of $393 , 200 is for 1993 payment to the escrow account for the KMart S.O. TIF Revenue Bonds. CITY OF SHAKOPEE 41/0/92 EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 345 20,371 29 12 CITY ADMINISTRATOR 252,920 11,048 97,430 39 13 CITY CLERK 112,370 3,861 43,176 38 15 FINANCE 267,370 7,056 87,753 33 16 LEGAL COUNSEL 155,820 8,141 54,543 35 17 PLANNING 293,510 5,578 87,536 30 18 GENERAL GOVERNMENT BUILDINGS 114,160 5,701 48,276 42 31 POLICE 1,307,140 41,359 597,039 46 32 FIRE 805,820 3,934 65,919 8 33 INSPECTION-BLDG-PLMBG-HTG 161,754 5,667 55,999 35 41 ENGINEERING 332,280 8,663 98,135 30 42 STREET MAINTENANCE 683,896 62,584 241,848 35 44 SHOP 148,120 5,034 45,962 31 46 PARK MAINTENANCE 315,940 10,200 87,329 28 48 REFUSE COLLECTION 513,550 39,870 204,239 40 61 POOL 150,300 25,073 36,579 24 64 RECREATION 198,540 5,400 75,640 38 91 UNALLOCATED 126,240 240 9,607 8 TOTAL GENERAL FUND 6,008,870 249,754 1,957,381 33 _ ___ 17 PLANNING 360,860 16,772 148,034 41 TOTAL TRANSIT 360,860 16,772 148,034 41 12 CITY ADMINISTRATOR 64,870 3,344 22,445 35 TOTAL HRA 64,870 3,344 22,445 35 ___ ___ 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 0 0 x o c w w r w w $ v x 0 v 0 0 v v v J v v N VV N v v - 0 0 H ND Ni ND Ni N 0 Z H CO CO Ni ND In .t W N r0 C7 �! 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N N V+ O. 0 H .- .O 0 0 0 0 r 1n 0 V Co op O. op O% N Co * b w OQ 0 r liv TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993/94 Insurance Renewals DATE: June 11, 1993 Introduction Attached is a list of property/liability insurance premiums for the renewal of the present coverage. The policy period is July 1, 1993 to June 30, 1994. Background Basic Policy_ The policies proposed are essentially the same as current coverage. The premiums are similar to last year, considering that there are some changes in items covered. Please see attachments A and B. The total initial premium has increased from $193,495 to $217, 566 covering the City, SPUC and HRA. The primary reason for the increase is an increased expenditure basis for liability insurance and a 5% rate increase for liability coverage. Attachment B also shows the dividend history and the loss history for recent years. Please note the large loss incurred in 1987. Because of our participation in the League program, this loss has not resulted in a large increase in our cost of insurance or in the cancellation of our coverage. Deductible Level The old policies had a variety of deductibles ranging from $250 to $5, 000. The new policies have been standardized at $500. The League has standardized deductibles based on city population. Council has the option to increase the deductible to $1, 000 at a premium saving of $14,569. Based on the number of claims in recent years, raising the deductible would clearly be a savings in total cost. An individual department's budget may or may not benefit from the change. The deductible for transformers over 9, 000 KVA will stay at $7, 000. Petro Fund If the city is in compliance with applicable PCA and EPA regulations and requirements for petroleum storage tanks, the state petro fund provides reimbursement for 90% of the clean up and liability costs in the event of a leak or spill. Insurance coverage for the remaining 10% of costs and legal defense costs is available at a premium of $1, 950. Umbrella Policy_ Council did not budget for an umbrella policy nor has there been a recent request for or discussion of getting another umbrella policy. The city has not had an umbrella policy for about six years. The League reports that about 20 - 25% of the cities insured have an umbrella policy. There is some exposure that may not be not covered by immunity, particularly in the area of federal legislation such as civil rights and discrimination. Please see attached League articles. The are two variations of an umbrella policy available. The version that keeps the $600, 000 state immunity level in place would cost $40, 674 . Waiving the immunity would cost $55,846. Please see attached articles for pros and cons. The articles from the League recommend that what ever decision is made to have or not to have an umbrella policy, the minutes should reflect that the Council carefully considered the decision and their reason for reaching that decision. Most of the coverage are from the League of Minnesota Cities Insurance Trust. The boiler and machinery policy is from the Hartford Co. The policies of course are not prepared, but there is more detail available on the proposals for any Council member that desires it. Alternatives la. Renew policies. lb. Go without insurance. 2a. Keep $500 deductible. 2b. Go to $1, 000 deductible. 3a. Go without additional petro fund coverage. 3b. Get additional petro fund coverage for $1,950. 4a. Status quo without umbrella policy. 4b. Obtain umbrella policy for $40,674 and keep immunity limits. 4c. Obtain umbrella policy for $55,846 and waive immunity limits. Action Requested Move to accept the property/liability insurance proposals of the League of Minnesota Cities and Hartford. Move to increase the deductible from $500 to $1, 000. Discuss and decide whether to obtain the petro fund coverage at a cost of $1,950. Discuss and decide whether or not to obtain an umbrella policy and if obtained, which version (keeping or waiving the immunity limits) . 2_ CITY OF SHAKOPEE LOSS HISTORY : Year # of Total Incurred Claims Loss 6-30-85/86 5 $128 , 481 6-30-86/87 12 $841 , 806 6-30-87/88 7 $ 21 , 152 6-30-88/89 12 $ 9 , 819 6-30-89/90 13 $ 88 , 320 6-30-90/91 15 $ 57 , 228 6-30-91 /92 15 $ 7 , 145 6-30-92/93 3 $ 7 , 341 (Open) Dividend Histor : 1988 - $19 , 772 1989 - $33 , 202 1990 - $38 , 509 1991 - $61 , 144 1992 - $48 , 464 3 LMCIT PROGRAM Annual Comparison Premium & Dividends (utltion Of Dollars) $30 �� — $20 —NI 1 III X16 — -- \,.\'' ' — $6 -- ---\... ._— -:-::•:::.: — :::: :i:i• =0 '87 '88 '89 '90 '91 '92 FISCAL YEAR ‘ N PREMIUM ED DIVIDEND PROPERTY AND CASUALTY ONLY Legends : DIVIDEND PREMIUM Labels ' 87 4 . 20 23 . 767 ' 88 5 . 00 23 . 770 ' 89 7 . 00 24 . 179 ' 90 7 . 00 25 . 348 ' 91 11 . 00 26 . 471 ' 92 8 . 50 26 . 986 I EXCESS LIABILITY COVERAGE LIMITS What can o wron e. T s The statuteslimit to match the statutory limit the city's tort liability to$600,000 per occurrencliMiCI Howe provider, aa standard $600,000 liability covere g overage could turn out not to be enough. For there are several ways in which example: 1 to some of the city's liability exposures. • The statutory limits do not app ys SomeP ossible examples are liability under the federal te (undertlais; l liability assumed by contract; liability for actions in anotherate mutual aid agreement, or while a city officer liability foran uland tune conference, for example); or inverse condemnation regulation actions. • The LMCIT liability coverage includes annual aggregate limits o the n the a d products liability coverage, the limited pollution liability coverage, liability liabilityause coverage. If the city should experience mores than onecoverage incident in one of thullextent of the areas in a i city's liability under the statute. might not cover the ful • Although the statutory liability limits have now been that n dtheveral times in court and have been upheld, it is still conceivable ht someday change their minds and hold the municipal tort liability limits unconstitutional. All of these represent ways in which the city Co conceivably the eupels h more its liability than it has coverage. If so, the city would have own resources. iab ty There is another issue too that some view as a problem TheXtort l heili t limits literally mean that if an injured individual's provendamages suff utory its, he will not be fully reimbursed for the damage he has ' limit dsbeca s city'sof the a"per s negligence. Since the statutes include a"per-occurrence s mi claimant" limit, an individual's reimbursement could be s verrely'liif ted60 if a number were of other people were also injured in the same tnct a school injured ing a sin le incident -- say a bleacher collapses, or va lab a under hie statutory bus full of kids -- there could Inas little the rwordss ,� the statutory liability limits mean 00 limits to compensate each person. that sometimes an individual will not be fully compensated for the damage the city has caused. How to avoid the problem The city should consider purchasing higher limits of liability coverage. LMIT makes available up to $5,000,000 of additional limits at the city's option. utory liability LMCIT's standard excess liability coverage is structured d s that the staLMCIT alsolimits remain in effect for those claims to whichthey pP1 Y However, gives the city the option, for an additional premium, to This waiverthe atutory optioniwoculd lity limits to the extent of the city's excess coverage make more funds available to an injured party l n a claim couldh where the en statutory liability limits would otherwise limit the amount th Buying higher liability coverage limits gives the city better protection against the risks it faces. Note though that buying the more expensive "waiver" option does not give the city any better protection; rather, it gives the person the city injures better protection by allowing him to recover more than he would otherwise be able to from the city. There is no simple "right answer to the question of whether your city should buy excess liability coverage limits, and if so whether to do so under the "waiver" or the "non-waiver" option. These are discretionary decisions that only the council can decide. The council must determine whether the added protections (for the city and for the party the city might injure, respectively) are worth that additional expenditure of city funds. Sometimes city officials reason that "we are only a small city, so we don't need high liability coverage limits." But arguably eovepor whehst�o preadbsay city s $1,000,000 more tax base and many more taxpayers excess judgment; in a small city, the burden per taxpayer could be enormous. 9. PETROLEUM TANK LEAKS OR SPILLS What can go wrong Minnesota's Petrofund provides reimbursement for 90% of the clean-up and liability costs from a petroleum products storage tank leakor spill. But to be eligible for EPA this reimbursement, the tank owner must be in compliance withapplicable PCA aregulations and requirements. The Petrofund reimbursement can be reduced or refused if the owner is not in compliance. And in any event the city will be responsible for at least 10% of the clean-upand liability costs, as well as all legal defense costs associated with the leak or spill. How to avoid the problem If your city has any tanks, the first priority is make sure you comply with the applicable regulations, so that you will be eligible for Petrofund reimbursement if you (D ever have a problem. It is an oversimplification, but key points are (1) make sure the tank is registered with MPCA; (2) make sure you meet EPA's requirements and timetable for technical improvements to the tank, for leak monitoring, corrosion resistance, spill prevention, etc.; and (3) make sure you report any known leaks or spills to MPGA immediately. Cities with tanks also need to think about how best to handle the costs which Petrofund won't reimburse; i.e., the defense costs and the 1O% share of liability and clean-up costs. For most cities, there are two choices: either retain these risks, or purchase LMCIT's optional Petrofund Supplement coverage. EPA financial responsibility compliance is really no longer an issue in Minnesota. EPA now says that Minnesota's Petrofund by itself will satisfy the financial responsibility requirements, so as far as EPA is concerned the city does not have to worry about coming up with a plan to demonstrate financial responsibility to satisfy EPA. 'Thus most cities can approach this as a straightforward financial risk management issue: Does it make more financial sense to pay the premium to LMCIT to assume these risks for the city, or does it make more sense for the city to simply retain these risks itself? 7 LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council_ CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS FORM TO LMCIT BEFORE THE EFFEC'T'IVE DATE OF THE COVERAGE. For further information, refer to the accompanying memo. City officials may also want to discuss these issues with the city attorney. The City of accepts excess liability coverage limits of $ _ _ from the League of Minnesota Cities Insurance Trust. Check one: The city D• . •T W the monetary limits on tort liability • • established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the Minnesotaimits Citieso the ereexcess liability coverage obtained from the League of Date of city council meeting: Signature: Position: -•------ Return this completed form to Berkley Risk Services, Inc-, 920 Second Avenue South, Suite 700, Minneapolis, MN 55402-4023. •W• 04/92 `R,IF�Nn • •I 612-376-4297 BERKLEY 918 P88 MAY 85 '93 14:19 Court decisions Chuck Bichler pre-verdict interest, and post-verdict violation of a St. Paul ordinance which COStS, disbursements, interest. The Court held that pre- makes parking a commercial vehicle in and post judgment verdict interest was subject to the limit residential areas a petty misdemeanor. interest not under tort in Minn, Stat.3.736 because it attaches Hyland pleaded not guilty to the cita- to the verdict an additional conipensa- dons and received a formal complaint. liability Limits tory sum. At trial, the court found him guilty. The plaintif in this case was injured Pre-verdict interest is compensation On appeal, Hyland first argued that in a motorcycle accident and sued, as additional damages for loss of use of the ordinance was unconstitutionally among others, the State of Mnnesota. the money due as damages. Post- are roh e. The cd under thcourt noted e that vagueprla s A jury awarded damages of $200,000, verdict interest which is compensationp and apportioned 50 percent of the for the loss of use of money as a result clause of the Fourteenth Amendment causal negligence to the state. The of non-payment of a liquidated sum for of the United States Constitution other defendants paid the plaintiff their which liability has already been deter- because "they trap the innocent by not proportionate share of the award, plus mined is not subject to the statutory providing adequate warning of unlawful an additional sum representing a por- limitation according to the Court conduct and unleash the potential for tion of the plaint's costs, disburse- because it is not part of the tort claim. unfair and uneven law enforcement.,, meats, and interest. The state paid its The Court also tested the constitu- (State v. Becker, 351 N.W.2d 295 $100,000 share of the verdict but did tional validity of Minn. Stat. 3.376, and (Mi- 1984). not pay any portion of the additional found that the effect of the statute had To satisfy the requirements of due costs, disbursements, or interest a legitimate public purpose to protect process, a criminal statute must define because of the $100,000 state liability the fiscal integrity and fiscal stability of the criminal offense with enough clarity limit in Mune Stat. 3.736. the state. The court concluded that the that ordinary people can understand The plaintiff filed a motion to compel limitation was constitutional particularly what conduct the law prohibits and it payment_ The trial court ruled that the in light of the Legislature's periodic must be written in a manner that does state was li hh" for it proportionate review and revision of the limits. (In not encourage arbitrary and disctimina- share of cats and disbursements but 1983 the Legislature revised the law to tory enforcement. In the St. Paul case, that, due to the $100,000 limit of increase the limitation of a state award because the ordinance does the registered th liiabit'rty, the state was not liable for to$200,000 for any one individual) who either pre judgment or post-judgment This case has particular importance owner of the vehicle or the person interest. to cities because the courts may treat parked the vehicle, Hyland argued that The court of appeals ruled that the municipal tort liability act Ch.466 which it was unconstitutionally vae tany in ThThefee state was not liable for costs, disburse- limits tort liability in the camp. way as court found, however, mem, or interest. On appeal, the Minn. Stat. 3.736. Therefore, Ch. 466 niteness in the ordinance does not question that faced the Minnesota may limit the liability of a tort claim to apply in this case because he was both Supreme Court was whether the a reasonable amount but a judgment the registered owner of the vehicles $100,000 limitation on the total liability may exceed that amount by the inclu- and the one who parked them. The of the state on any tort claim pursuant skin of statutory costs, reasonable dis- court added that the ordinance is very to Kt= Stat. 3.736, subd. 4 (1978), bursements, and post-judgment specific as to the areas and situations limits the state's liability for statutory interest, (Lienhard v. State of Mane- in which it applies and the type of costs, disbursements, and interest soca,Finance and Commerce, Supreme vehicle it restricts. The Court found that statutory costs Court, November 25, 1988, at 4, col. Hyland also argued that the ordi- and disbursements were not subject to 1.) nance was unreasonable because its the limitation on tort claims. Although The League's MAP program filed a practical effect was to prohibit resi- costs and disbursements are inctudrble friend-of-the-court brief with the dents who drive commercial vehicles in a judgment in a civil action, they are Supreme Court appeal arguing for for personal use from parking in front reimbursement of the expense of liti- validity of the limits on liability- of their homes. As the court noted, gating the claim rather than part of the ordinances that are unreasonable also cause of action itself. was Court tests St. Paul violate the due process clause of the Fourteenth Amendment. (Fairmont The problem beratoted tisee it is5directly parking ordinances Foods Co. v. City of Duluth, 100 differento magnitude of the Ronald Hyland owns three commer- N.W.2d 155 (Minn. 1961). proportionalmto im damages the claimant sustained. The cial vehicles. He received seven cita- To prove that an ordinance is unrea- court examined two types of interest tions for parking these vehicles in sonable, it must be shown that it has ) Minnesota Cities 918 P09 MAY 05 '93 14:28 612-376-4297 BERKLEY no substantial relationship to public pounding on the door. She awoke to 609.60 (1986), and since there was no health, safety, morals, or general wel- the smell of the burning building, and physical interference there was no fare, The court stated that by prohibit- called the Wells volunteer fire depart- basis for a civil cause of action against ing the parking of commercial vehicles meat. The captain and the assistance the fire marshal or the state. in residential areas, the ordinance pro- fire chief decided that since the building The second issue was whether the motes the general welfare by providing was completely down they would send official immunity doctrine protects a increased parking space to residents only one fire truck. When the firemen police officer and volunteer firefighter and others who drive private vehicles arrived hardly any building was left and from individual liability for alleged neg- in residential areas. the roof was resting on top of the corn. ligence. In the past, sovereign immu- The final argument was that the The captain called the deputy state fire nity provided that "(a] public official ordinance was enforced in a discrimi- marshal. The marshal said they could charged by law with duties which call natory manner. To prove such enforce- either let the fire burn out or get heavy for the exercise of his judgment or ment, Hyland needed to show that he equipment and put the fire out as they discretion is not personally liable to an was singled out for prosecution and removed parts of the building. They individual for damages unless he is also that the discriminatory selection of decided to let the fire burn out since guilty of a willful or malicious wrong." him was invidious or in bad faith_ The they did not have the heavy equipment State v. Salsa, 247 N.W.2d 907, 912 court noted that facts must be alleged needed. The firemen went back to (Mime. 1976). The Minnesota Supreme that support the existence of such Wells. Court recently revived the common amatory enforcement However, Karen Frank called in a heavy equip- law doctrine of sovereign immunity and Hyland merely made a general, concha- neat contractor to dismantle the build- applied to to deputy sheriffs. Elwood snty allegation that the discriminatory ing. Upon learning of this, the Wells v. Rice County, 423 N.W.2d 671 enforcement occurred. The court of firemen returned to the Frank's farm (Mime 1988). In that case the court appeals upheld the trial court's finding and helped to put the Bre out for over stated that whether an employee's con- that Hyland was guilty of violating the six hours. duct received immunity depends on the otfce. (State v. Hyland, Finance John Frank was in Wyoming at the facts of the specific case and the nature and Commerce, Court of Appeals, time of the incident. After renaming, of the act. The appeals court found that November 25, 1988, at 14, coL 1). he sold the surviving corn and sued the in this case the dispatching of fn lgh- city and the State of Minnesota for ters and equipment to the fire involved damages. At trial, the court ruled in a high degree of discretion and judg- favor of Wells and the state. There ment. and under Elwood, precluded Municipality has no duty were basically four issues that Frank's personal liability. to lessen property Livestock Farm brought up on appeal. The third issue on appeal was Owner's economic lossesT e first was whether the fire mar- whether the municipality and its amts shahs telephone conversation with the have a duty to the owner of the corn A fire broke out in a corn storage captain of the Wells fire department storage building to minimize the dam- buildutg on Frank's livestock farm just constituted physical interference under age to the corn by employing a private outside the city limits of Wells, Minn- Mttm. Stat. 609.60 (1986), which pro- heavy equipment contractor. The court sofa. A neighbor drove into town and vides that anyone who intentionally noted that a failure or omission can reported the fire to a police officer. "[Interferes with or obstructs the pre- constitute negligence only when there The police officer drove out to the farm vention or extinguishing of any fire. . . is a duty to act affirmatively. However, and observed the fire from the road is guilty of a misdemeanor." A violation Frank's Livestock sought to impose an and believed that only one wall of the of the statute would create a basis for affirmative duty on the city to engage binlifmg remained. He contacted the civil liability. private heavy construction equipment Faribault sheriff's department to The court paralleled the statute with and personnel at public expense. The request they call the Frank residence. Mmrr. Stat. 609.50 (1986) which sets a court stated that there was no authority He also called the captain of the Wells penalty for anyone who intentionally to support the existence of such a duty. fire department, reporting that the interferes with a peace officer perform- The final issue was the trial court's building was completely down. The ung official duties. The court noted that award of costs and disbursements to pope officer returned to Wells, picked the Minnesota Supreme Court has the city and the State of Mesota. up the captain of the fire department recently held that this statute is The appeals court found that the trial and drove back to the farm. They "Id]irected solely at physical court had the discretion to grant the pounded on the door of Frank's house, acts. . .namely, physically obstructing award. (Frank's Livestock and Poultry but received no response. They then or interfering with an officer." State v. Farm, Inc. v. City of Wells, et aL, returned to Wells. Krawsky, 426 N.W.2d 875 (Minn. Finance and Commerce, Court of - Karen Frank was in the house at the 1986). The court found that the same Appeals, November 25, 1988, at 2, col. time of the fire, but did not hear the interpretation applied to Mlnn.. Stat. 3). ■ February 1989 612-376-4297 PER}LE? 918 P06 MAY 05 '93 14:17 Did Y ou kflOW? Peter Tritz How much liability coverage is enough? The Minnesota Supreme Court the limit was no longer reasonable and state. Cities near the Minnesota border recently upheld the statute which sets throw it out on those grounds. might have this kind of exposure if they a monetary limit on the state's liabeiity. The Court also briefly discussed have mutual aid or other kinds of joint In Lienharrl v. State of 1lfmuesota, the whether the "rational relationship" powers agreements with cities in a plaintiff had argued that the liability test was the proper one to use. The neighboring state. It could also arise limit denied him equal protection, and court noted that if there was a "funds.. when a city officer attends a conference that the liability limit did not bear a mental right" involved, there could be or seminar in another state. rational relationship to a legitimate gov- an argument for a stricter standard. The municipal tort liability limit also ernmental purpose. (This case is sum- The plaintiff in Lient►ard hadn't made does not appl} to liability for illegal marized in greater detail in the Court this argument in the lower courts, so liquor sales under the dram shop law Decisions column this month.) the Supreme Court declined to rule on (M.S. 340A.801, see M.S. 466.15). There is also a statutory limit of it. The Court did comment that it had Another exception is pollution claims; $200,000 per claimant and $600,000 used the "rational relationship" test in the liability limit for these claims is per occurpneP on cities' tort liability. considering the constitutionality of do,ihln the general municipal tort liabil- Most cities purchase liability coverage other parts of the mimk±pal tort liability ity limit. (See M.S. 466.04, Subd. 1c). equal to the statutory limits. However, law. However, the Court seemed to Of course, the city would need also to some cities do choose to purchase leave room to consider in a future case check whether the coverage they are higher limits. Of League of Minnesota whether or not to use a stricter stand- considering would apply to these Cities Insurance Trust (LMCIT) mem- and constitutional standard. claims. Umbrella policies often exclude hers, about one-quarter purchase In short, although the Minnesota pollution and liquor claims; this is also higher limits of coverage. One of the Court has now upheld the liability limit true of the excess coverage LMCIT reasons for this is a concern that the as constitutional, that may not perma- offers. statutory limits might not stand up in nently and completely resolve the court. Now that the Supreme Court issue. The court could in the future Gaps in the city's has answered many of those concerns, decide that the limit was no longer p , coverage cities are once agar reviewing the reasonable or could decide to apply a A third reason for considering buying question of how much liabWity coverage tougher standard, which conceivably they should purchase. could lead to a different result, higher liability limits is that the city's There are some good reasons why a primary coverage might not cover all of city should consider higher limits of Exceptions to the the city's exposure within the statutory liability protection. There are also good liability limit statute limits, even if the coverage limits are arguments against it. set at the same level as the statute. A second point cities must keep in Some insurance companies only offer Constitutional questions rabid when considering how much liabil- coverage limits in half-million dollar ity coverage to purchase is that the increments; obviously this amount of First, cities should keep in mind that limits don't or may not apply to certain coverage will leave a gap for the city. the Court did not quite close the door kinds of liability. One example is liability But there are a couple of other less entirely on questions about the coati- that the city has assumed by contract. obvious ways in which the underlying tutionatity of liability limits.In Lrenhard, This could occur in an indemnification coverage can turn out to be inadequate. the plaintiff argued among other things or "hold harmless" clause in a con- One such way is if the underlying that the $100,000 limit on the state's tract. The statutory limits might not coverage incorporates an annual aggre- liabi£ity that was then in effect was apply since this liability would be based gate limit in addition to a per-person or unreasonable. The Court disagreed. on a contract rather than on a city tort per--occurrence limit. An annual aggre- but specifically pointed out that the Another example is liability under gate limit restricts the total amount the Legislature had periodically reviewed the federal civil rights laws. It seems policy will pay per year, regardless of and revised the limit.A particular dollar doubtful whether a state statute can the number of claims or occurrences. lintit that is reasonable now might not limit liability created by a federal law. If there is an annual limit, and if one be reasonable in the future, after the See Thompson v. Village of Holes claim is paid, there conceivably might effect of several years of inflation. If Corners, 340 NW2d 704 (Wis. 1983) not be adequate limits left under the the Legislature were to leave the limits for example. policy to cover the city's full potential =changed during many years of infra- The liability limit statute also might liability under the statute. tion, a future Court might decide that not apply to torts that occur in another Continued page 18 1. Minnesota Cities J f 1 612-376-4297 BERT<LEY 918 P07 MAY 05 '93 14: 18 • • Continued.from page 16 Why not buy higher ants may moderate their demands Note that an annual aggregate limitsomewhat. in a policy might apply to the entire 11S121t5? In short, there is no single clear policy, or just to certain parts of the One reason for not buying higher answer as to how much liability cover- coverage. LMCIT's liability coverage, limits of liability coverage is cost As age is enough. Rather, this is one more for example, has an annual limit on they do in many other areas, city area in which the council must exercise products liability claims, on the limited council members need to consider its judgment and discretion. Regardless pollution coverage, and on the optional whether the added protection which of whether the council decides to our- ' inverse ur-"inverse condemnation" coverage. higher limits provide is worth the added chase higher limits or not, cities should Another way in which primary coo- cost make sure that the connril minutes erage can turn out to be inadequate is A second possible argument against reflect that the council members care- if the policy includes defense costs in purchasing higher limits is that it might fully considered the decision and their the limit. Suppose a policy carries a encourage a claimant to make a bigger reasons for reaching their decision. $600,000 limit and includes defense claim. That is, a claimant might be Such a record will help make it clear costs in the limit. If in attorneys fees more inclined to make a big demand if that this was a discretionary decision. to defend a case were$50,000, and the he or she knows that the cost will be This in turn could be useful if someone case resulted in a $600,000 judgment borne by an insurance company or by a were later to argue that the council- . against the city, the city would have to statewide pool such as LMCIT. On the members had been negligent in not come up with $50,000 out of its own other hand, if they know that the purchasing adequate limits of liability funds. The LMCIT liability coverage money will come directly out of the coverage. ■ does not include defense costs in the local taxpayers' pockets, some claim- limit. However, some of the new liabil- ity policies recently drafted by ISO do IIIIMNIIIIIIIIIIIIIIIIIIIIIMMMIIIIIIIIIIMIIIIIIIIMNMIIIMIMIMMMIIIMIIIIIIIIIIIIII rim this kind of bait. Adequate compensation Minnesota municipal bond sales to injured parties A foorth argument for buying higher December 1988 l">tnits of liability coverage is that the city might want to have enough cover- Date Maturity Mcmicipality Amount Type Rating NIR age avaable to help assure that per. 11-30 23 ISD 0738, $3,575,000 G.O. Refunding BR 7.62 sans injured by the city's negligence Holdingfona will be adequately compensated. As an 12-1 17 Blaine 1,755.000 G.Q.Tax Increment A 6.92 elle imagine a catastrophe involy- 12-1 12 Blaine 2,400,000 G.O. Improvement A 6.68 ing a vehicle 12-5 22 ISD#15, St. 13.750,000 G.Q.School Building Aaa 7.65 Fra ms into a school bus full children, 12-5 MGIC) GIC)12-5 5 Shoreview 605,000 G.O. Park A 1 6.53 or a city-owned bleariv.r full of people 12-5 5 Shoreview 565,000 G.O. Equipment A 1 6.53 collapses. The $600,000 might not go Cert. far toward covering all of the injuries to 12-5 11 Shoreview 320,000 G.O. Improvement A 1 6.85 50 or a 100 or 200 people. 12-6 8 County of Stearns 250,000 G.O. Solid Waste Baa 1 6.88 12-7 13 ISD #701, Hibbing 5,500,000 G.O. Bonds Baa 7.47 12-8 16 Benson 560,000 G.O.Water&Sewer Baa 7,34 Broadened. coverage Revenue In the past, another common reason 12-8 21 Benson 345,000 G.O.Tax Increment Baa 7.52 for buying an "umbrella" pommy was 12-12 16 ISD#659, 2,035,000 G.O. School Building A 7.00 that such policies often provided Northfield 12-12 17 New Hope 1,600,000 G.Q. Improvement A 1 7.07 broader coverage than the underlying 12-12 20 Bloomington 2,690,000 G.O. Perm. Impr. Aa 6.77 policy, in addition to providing higher Rev. Fund limits. That is, the umbrella policy 12-12 18 Bloomington 2,590,000 G.Q. Storm Sewer As would cover some kinds of liability 12-13 11 Champlin 1,660,000 G.O. Refunding Baa 1 7.02 which the primary policy would 12-13 12 Albertville 505.000 G.O.Adv. Rfdg. NR 7.23 exclude. It is now less common to find 12.13 17 ISD#423. 2,750.000 G.O. School Building A 7.18 this broadened coverage in umbrella 12 13 16 HFitchinson nbault 595,000 G.O. Bonds A 1 7.08 policies; in fact, an umbrella may well 1243 16 Fanbault 460,000 G.O. Bonds A 1 7.07 ezrltick things which the primary policy 12-13 16 Eden Prairie 9,800,000 G.O. Improvement Aaa 7.00 coves- 12-14 22 ISD#742, St. 25,200,000 G.O. School Building A 7.39 In the case of LMCIT's liability Cloud coverage for cities, the primary cover- 12-14 17 Braham 160,000 G.O. Water&Sewer NR 7.45 age is extremely broad. The excess Revenue coverage which LMCIT offers gener- ally matches the primary coverage. 0Minnesota Cities 612-376-4297 BERKLEY 918 P11 MAY 85 '93 14:22 . Did you know? Peter Tritz Is umbrella liability coverage still worth buying? With multifold increases in the quoted would do so again if the limits were statutory municipal tort liability limits. { price on umbrella coverage many cities overruled. If so. the city would have The state has repealed the dram shop are again considering whether the extra time to procure additional coverage. liability limits, so that source of expense is worth the cost. See Neiring v. Blonde. 306 Minn. 122, potential now unlimited. The statutes generally limit a city's 235 N.W. 2d 597 (1975): Searle! v. The underlying coverage liability to $200,000 per claimant and Mounds View School District No. 261. not be sufficient to S600,000 per occurrence. If a city 264 Minn. 279, 118 N.W. 2d 795 may purchases coverage in excess of these (1962): and Record v. Metropolitan cover the city's full liability limits, it waives the limits to the extent Transit Commission, 284, N.W. 2d under the statute of the coverage it purchases. See gen- 542. at 548. (1979). Liability policies sometimes contain, erally Ch. 466 of the statutes. Here Limits may not cover some in addition to a per person and per- are, nevertheless, some reasons why a ciy may wish to consider purchasing types of liability occurrence limit, an "annual agg:e- gate" limit: that is, a limit on the total coverage in excess of the statutory The limits would probably not cover amount the policy will cover in a year's limits. contractually assumed liability. An time. The annual aggregate limit may Possible unconstitutionality example would be liability arising out of apply to the total policy, or may be an indemnification clause u1 a conaact_ limited to specified coverages under of the statutory limits Pollution liability limits are twice as the policy. The problem with an annual The liability limits could be chal- high as the ordinary limits. M.S. aggregate limit is that if the city pays lenged on constitutional grounds. as 466.04, Subdivision 1(c). However one claim, it may not have sufficient denying equal protection for example. most umbrella policies, ble basic poll- coverage left to cover the full extent of The city should be aware that the limits cies, now exclude pollution coverage. its statutory liability. Excess coverage may not hold up in court. Note that it Another possible exception to the .could pick up the slack here. is conceivable that the court could hold limits might be liability arising under It is sometimes possible to negotiate the per-person limit unconstitutional the federal civil rights laws. See for an endorsement guaranteeing the while letting the per-occurrence limit Thompson v. Mage of Holes Corners. city the right to "reinstate the limits" stand, or vice versa. 340 N.W. 2d 704 (Vis. 1983). It is for a speeded additional premium: in On the other hand, in the cases questionable whether a state statute other words. the city would be able to where the courts abolished sovereign can limit liability a federal statute ere- buy back the used up portion of the immunity for cities and the state, they ates. annual aggregate limit. This provides did so prospectively. There would Finally, liability under the dram shop an alternative for dealing with the seem to be a very, good chance they law (M.S. 340.95) is not under the annual aggregate problem. rather than through buying excess coverage. r..� Dram shop ins=rice policies quite commonly include an annual aggregate C hUNT Tr" )ice. It is also very common in general liability policies to attach an aual aggregate limit to the "products Itabii- Fund Accounting Software to meet the icy- portion of the coverage. Of course, in considering any of needs of small to medium sized cities_ these reasons for excess coverage, it - Meets GAAFR requirements is important to make sure that the proposed umbrella policy actually does - General ledger cover the area in question. Umbrella - Fund accounting policies are not all alil:e; a particular- Manages vendor payments and records umbrella policy might exclude some or - Integrated transactions all of these areas of liability. - Budget control and financial reporting Moral obligation - Easy to use The point here is simply that a city QIf, /� (lN cTDOU' '© um (,r might wish to have sufficient insurance ( lnJ coverage available to adequately reim- 1000 Pillsbury Center. Mpls.. MN 55402 burse persons injured by the city, even Marie Sheeran (512) 343-1000 - Minnesota Cities 612-376-4297 BERKLEY 918 P12 MAY 05 '93 14:22 Clearly. it a large number of peopit LT were injured in a single accident, r{•. ✓ St500.000 may not go very far in cont- ' erizzi � e pensating for their injuries. ;.• I i C SE ��` r cur � ly t•�..,_, Higher limits may make a t. :- challenge less Iikely "�` Statutory liability limits will only be ee = - -tip'. challenged if a person's (claimed) inju- •r:.. "1_ „`�--=` g-7----;:-•—.:-,-. ries exceed the limits. Purchasing excessakingl~e in effect raises the Heavy Digging And linvts, making is correspondingly less likely diet the question of the limits' validity will arise. Also, if the statutory Fine Finishing Prom limits were challenged court. it might The Same M a c h i-n e be easier to convince the court to uphold a statute limiting the city's liability to the limits of a large insurance = -� - t, - Put ; Hydra.SCopic telescoping policy, compared to trying to convince c,; ��=--"'`= Ts=•~-•- r boom excavator to work in place a judge to uphold the statutory 'i•,, };'_r"-=-a• - of a backhoe and you'll get an $600,000 limit. On the other hand. ifis 1 important advantage because the most cities carry insurance well above ='�- ; j -J-,T` Hydro-Scopic handles production digging jobs that a backhoe can the Waits, the courts or Legislature "'y. .. ! • .i •-..�_ ; -;�= esi z and does recision finishing may reason that eliminating the limits p Z will not significantly damage cities "''! - iota . 1, r work that a backhoe can't. -T-.._ r-�,. Prom the responsive Model 300 financially. ••..+t± CONSENT ll MEMORANDUM EMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: June 9 , 1993 Hearings RE: Liquor Ordinance Violation regarding BACKGROUND presented information eg Ya and You previously have been liquor ordinances by your previous meeting you authorized staff to allegedJerry' s Bar. At f the date now setes Bar. At these matters . The hearing meetings e a hearing set . Dueng our prrence for Tuesday meetings, for to be to your July 27 , 1993 , are proposed needs1993 , s are tentatively the dates a July 13 respectively. Both hearing the two hearings, scheduled for 7 :00 p.m. For uyour information,oon, at the conclusion of the hearinng g Council will make finding If a p a violation o, the theitt' provisions has occudrrd. I a violation of liquor license the City Council has authority un4 F to taken violation is found, Code Sec . 5 . 02 , Subd. Stat . Sec . 340A.415 and City one or more of actions: (1) revoke the liquO license; (2) suspend the to 60 for license for a period of up following days; (3) impose a civil fine of up to $20000 . 00 . ALTERNATIVES July 13 , 1993 , as the time and date for 1 . Setgn l0 p.m. , July violations by Cheers 2 Ya; and the hearing Julyn alleged as the time and date for the hearing on 7 : 00 p.m. , 27 , 1993 , alleged liquor violations by Jerry' s Bar. 2 . Choose different times or dates for the hearings. 3 . Do not set hearing times and dates . RECOMMENDATION Set July 13 , 1993 , 7 :00 p.m, as the time and date for the hearing on alleged liquor violations by Cheers 2 Ya; and set July 27, 1993 , 7 : 00 p.m. , as the time and date for the hearing on alleged liquor violations by Jerry' s Bar. [9LIQUOR] • ) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Chaska Interceptor DATE: June 11, 1993 INTRODUCTION: Attached is a proposal from Short-Elliott Hendrickson, Inc. (SEH) regarding providing technical assistance to the City during the negotiations on the Chaska Interceptor. BACKGROUND: City staff have started meeting with Met Council and MWCC staff regarding the new Chaska- Shakopee Interceptor. These meetings are intended to resolve funding issues dealing with this new interceptor, along with other issues relative to the City and Met Council A series of meetings have been set up on a weekly basis to discuss and resolve all of the issues by the end of July. Staff feels that the City's Comprehensive Sewer Consultant, SEH, could provide valuable technical assistance to staff during these meetings. Attached is a proposal from SEH to provide this assistance for an estimated fee of $4,600.00. This work is above and beyond the Scope of Services for the Comprehensive Sewer Plan Project. ALTERNATIVES: 1. Accept the proposal. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached proposal from Short- Elliott-Hendrickson, Inc. to provide technical assistance in the Chaska Interceptor discussions for an estimated fee of$4,600.00. DEH/pmp SEH TUN-08-1997 a8:33 FROM SEH-MPLS TO 4456718 P.02 .. • _. rnn";CPOR:rA ION RE.: lllc: ,-•v . Minnesota Chaska Interceptor Negotiations a;:d F Hutt. P.�.. • 1: , nave begun providing technical a$sistance regarding nee•:,tiation of the appropriate tae Chaska interceptor We understand that our assistance wfl include preparation for and . evc�'ai meetings over the next couple of months. The exact scope of works difficult to at ti- <s time, but we have prepared a budget for the work based on attendance at up t.• .10 meetings appropriate preparation between ITh:':-;!tins. our fee, not including any services that are already contracted for with the City of • .,, approximately $4600 under the aforementioned assumption. .11* n a 2.24 ' the payroll cost of the employees actually engaged in the work plus customary t • rc r•• c_ and rrirnhursoment. its c in this letter proposal, our work will be in accordance with Section 1 D. Section 11. and Section V of the Agreement for Engineering and Planning Services hcrweer the City of Mier e.ota.. and Short Elliott Hendrickson dated the 15th Day o;Octob,-r. 1091. if the fu:egoti,g is acceptable. please return one signed copy of this letter for our fie-, Si -' Dan,ei k BoNrtud, P.E. Enclosure Approved By: City of SIlakl pe- -.',1r;:'.f`•, Mayor Dennis Kraft, Administrator I dit? t, �r,$;if;INC. S7•PAUL,MN Sr CLOG'.'`LN cHIPPervF•FAL_.. .., MADISON.Mir y_ - // MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Mn/DOT Right-of-Way Acquisition at Tahpah/Lions Park DATE: June 11, 1993 INTRODUCTION: Staff has received information from Mn/DOT regarding the acquisition of right-of-way located in Tahpah and Lions Park. Staff is requesting authorization to execute the necessary documents and negotiate all necessary fees for this purpose. BACKGROUND: According the original Memorandum of Understanding between Mn/DOT and the City of Shakopee, Mn/DOT would acquire all the necessary right-of-way and easements for the Shakopee Bypass including the remainder of the Upper Valley Drainage Project. The Upper Valley Drainageway passes through both Lions Park and Tahpah Park. Because Mn/DOT is acquiring the right-of-way for the rest of this drainageway from adjacent private properties, their policy is to acquire all the right-of-way from all property owners, even the City of Shakopee. The drainageway will be constructed by the City of Shakopee and at the conclusion of the project the City will own and maintain the drainageway. In other words, Mn/DOT will turn all right-of-way back to the City of Shakopee upon completion of the project. Attached is the correspondence from Mn/DOT indicating that they would like the City to dedicate this right-of-way to them at no cost. Because the drainageway is ultimately going to become the City of Shakopee's and because the drainageway is located on City owned property, staff recommends approval of this request by Mn/DOT. In addition to the drainagewauy easements, Mn/DOT has indicated that they also need some additional right-of-way for County Road (C.R.) 15 from both Lions Park and Tahpah Park. Due to the new Bypass ramps at C.R. 15 it will be realigned slightly to the east and also the entrance to Tahpah park will need to be realigned. Because of this, Mn/DOT needs to obtain an additional one acre strip of right-of-way total from the adjacent Lions and Tahpah Park. Mn/DOT is asking whether or not the City would want to dedicate this additional right-of-way on C.R. 15 or if we would require Mn/DOT to purchase it. Mn/DOT has not included this area in any of their appraisal work and therefore do not have a purchase price offer to make to the City of Shakopee. The Mn/DOT right-of-way purchasing agent has indicated that if the City of Shakopee wishes to sell this area rather than dedicate it, the City of Shakopee should make a proposal to Mn/DOT for the cost of this land. Because this portion of the acquisition is for the purposes of C.R. 15 which will be outside the jurisdiction of the City, staff feels that the City Council may wish to consider selling this land rather than simply dedicating it to Mn/DOT. If the City Council elects to do that, a price must be offered to Mn/DOT for this land. Recently the City of Shakopee acquired some additional land south of the high school for the Community Center area for a price of approximately $13,000.00 per acre. This could be a starting point for negotiations with Mn/DOT for this right- of-way adjacent to the City parks, although the recent land purchased by the City was available for residential development as opposed to parks. Staff would propose that the City Council give staff some negotiating parameters to expedite this right-of-way acquisition and avoid any further delays to the project. A minimum amount such as $9,000.00 per acre may be something that the City Council may want to establish and allow staff to operate in that range between $9,000 and $13,000 pe acre with Mn/DOT. Staff is requesting authorization to execute all necessary documents with Mn/DOT regarding these two right-of-way issues and also to negotiate the final price for the additional right-of-way along C.R. 15. ALTERNATIVES: 1. Approve of their request. 2. Deny their request. RECOMMENDATIONS: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute all necessary documents, subject to City Attorney review, for the purposes of granting additional right-of-way and easements to the Minnesota Department of Transportation for the purposes of constructing the Upper Valley Drainageway and realignment of County Road 15, within the boundaries of Lions Park and Tahpah Park and to negotiate the final cost of the purchase utilizing a minimum purchase price of$9,000.00 per acre. DEH/pmp ROW 004Esot Minnesota e do Department of Transportation Transportation Building 395 John Ireland Boulevard ~' T� Saint Paul, Minnesota 55155 Date: 7- e ��'� �j 612-296.3241 J City of Shakopee Office of the Mayor Shakopee City Hall 129 East 1st Avenue Shakopee, MN 55379 In reply refer to: 7300 S.P. 7005 (101 =187) 901 *57.939 County Scott Parcel 48 • City of Shakopee Property Address: Dear Sir: The State of Minnesota through the Department of Transportation is acquiring part of your property for the construction of the Shakopee By-Pass. The individual delivering this letter is a Real Estate Specialist representing the Minnesota Department of Transportation. This individual will explain the procedures involved in the acquisition process. The monetary damage to your property due to this acquisition is $0, this being the amount of the State's offer. Please be advised that lawful owners and/or occupants of the property on the date of this offer may be entitled to relocation assistance and payments in accordance with Federal and State laws. It is important you read the information provided in the purchase packet. It will help you to understand your rights during the acquisition process and assist you in making sound decisions. 4n Equal Opportunity Employer Page 2 As the acquisition of your property proceeds, you will undoubtedly have additional questions. Please direct them to the MnIDOT representative who submitted this offer. Sincerely, K. F. Rasmussen, Director Office of Right of Way and Surveys Package Contents: "Guide for Property Owners" Booklet Legal Description describing acquisition Offer to Sell and Memorandum of Conditions (reference copy) Conveyance Instrument (reference copy if applicable) Appraisal Reimbursement Claim Form R 14682G.R 1 • . • 3/e IRON PIN•IIN ,?•. 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N s s 0 >D v 2 Aria . $ :. 1, A'N s •a ie 1177.; '• r - $e-: • '1 a,.. e 1. 30V! 0 ci '" Cl':; o� 1A. .es17 . r ZJ y _6 ` b'^ -. _, ..1 °�'i•5t4 K Y:i t o_ 0 e1$ n, FS b�'' t " v 1 14;3 0--1 •'- F., `.3 `10 sir e`ie S :14" H l a ,JO 8o N i-"g • 4• t .2 z. 0 BOAT SPIRE 0'71 8 •°Z •d.4 SIE: Al QUARTER CORNER ~•• 1 is E:I ;.� .?:::::.::::::".13:::::,dd. e6----- --±o 3� y D 2 343 Y"e4 ye» c- -- »- - - Ey p. Z " II ? lig '-3$ Q4i$ �y'l n- mom_• M u u -V 0 k�n4 -; 8'°'3 :." .ice .. .._ _ :,�.o��.. 1c , 0 c+ "R $ TA'•••- '"f- gx 0 ....0.08'ZE±Ztro _ �z0 5: A p a a(..d Q9 $•9 • ' `I .�8:;8�8�88-3 ,:84..kg.. .....ilk 's --1 r - hej'II 0 n `- 9.j2 -3'i • --- 0 - V-V - - ---_ «0 --I a>_Q'+ IS 9 .._ ...............................................000::0 `1' O F-J • ...7:. •1 _ u . . 1 ..r .1 .,.r . ...t , 1.. r.... Z I= i CO1SENT ll4 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Authorization of Leave Without Pay DATE: June 11, 1993 INTRODUCTION: The City Code allow the City Administrator to grant up to 40 hours of leave without pay per employee, any amount over that must me approved by the City Council . BACKGROUND: The Administrative Secretary Toni Warhol has requested a slight reduction in her work hours for part of this summer. This request is premised upon certain personal reasons that Toni has. The workload of the Administrative Secretary will be slightly diminished during the months of July and August due to scheduling within the department and vacation time taken by employees who generate work for this position. This position does not have initial direct contact with the public so I would perceive no reduction in the level of service received by people seeking service in City Hall . RECOMMENDATION: It is recommended that the City Council authorize an amount of up to 55 hours of leave without pay for Toni Warhol for the period from July 1, 1993 through August 15, 1993 . It is further recognized that this is considered a one time event and that this will not be an annual occurrence. ACTION REQUESTED: Move to authorize Toni Warhol to be granted up to 55 hours of leave without pay during the period July 1, 1993 through August 15, 1993 . CONSENT I W MEMO TO: Mayor & City Council FROM: Dennis R. Kraft, City Administrator RE: Resolution of Appreciation to Board of Review DATE: June 9, 1993 BACKGROUND: At the request of Councilor Sweeney and concurrence of Mayor Laurent, the attached resolution has been prepared for Council consideration. RECOMMENDED ACTION: Offer Resolution No. 3813, A Resolution of Appreciation to Members on the Board of Review, and move its adoption. RESOLUTION NO. 3813 A RESOLUTION OF APPRECIATION TO MEMBERS ON THE BOARD OF REVIEW WHEREAS, until 1990 the City Council met as the Board of Review for the City of Shakopee; and WHEREAS, in 1990 the City Council discontinued sitting as the City's Board of Review and appointed a membership to the Board consisting of citizens and Councilmembers; and WHEREAS, the Board of Review is responsible for hearing objections from property owners and making corrections where warranted to the property class and/or the market value of properties as of January 2nd of the year in which they meet; and WHEREAS, Richard Marks and Eldon Reinke have served on the Board of Review as residents of the area since the Board's inception in 1990; and WHEREAS, Robert Turek served on the Board of Review as a resident in 1990; and WHEREAS, Steve Clay has served on the Board of Review in 1991 as a Councilmember and in 1992 and 1993 as a resident of the community; and WHEREAS, Councilmembers Gloria Vierling, Robert Sweeney, and Michael Beard have served on the Board of Review at various times during the previous four years; and WHEREAS, the City Council finds that appointing a Board of Review made up of both Councilmembers and members of the community has worked very well over the past four years and is very appreciative of those who have served in this capacity. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby extends its thanks and appreciation to those individuals who have served on the Shakopee Board of Review during the past four years. The interest, time commitment and expertise exhibited by these individuals has been of great value to the community. Adopted in adj .reg. session of the City Council of the City of Shakopee, Minnesota held this 15th day of June, 1993 . Mayor ATTEST: City Clerk Approved as to form: , City Attorney " , . FN 126 MEMO TO: Dennis R. Kraft, City Administrator 1-- CFROM: Judith S. Cox, City Cler� RE: Res. No. 3814, Apportioning 'S ecial Assessments for Prairie Estates 3rd Addition DATE: June 9 , 1993 INTRODUCTION AND BACKGROUND: The final plat of Prairie Estates 3rd Addition has been recorded with the County Recorder and it is now appropriate to apportion the existing special assessments against the new parcels. The apportionment contained in Res. No. 3814 is the apportionment agreed to by the developer and outlined in the developers agreement. RECOMMENDED ACTION: Offer Resolution No. 3814, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Prairie Estates 3rd Addition, and move its adoption. RESOLUTION NO. 3814 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS PRAIRIECREATED ESTATESRESULT ADDITIONP�TTING WHEREAS, on August 25, 1981, Resolution No. 1891 was adopted by City Council levying assessments against properties benefitted by construction of the 1981-1 VIP Interceptor; and WHEREAS, on September 20, 1988, Resolution oNo. 2946 wawas a ped by by City Council levying assessments against p P ertiesconstruction of the 1987-0 3tValleytI sd stre fal CR Park ; a d r Extension from the West side of CR-17 t WHEREAS, on February 7, 1989, Resolution No. 3016 adopted by the City Council apportioned the installments remaininga rp eidEagainst the e parcels created because of the platting Addition; and WHEREAS, on July 7, 1992, Resolution No. 3619 adopted by the City Council apportioned theins t the eplatting remainingts of unaid against the PraPrie Estates 2nd parcels created because Addition; and WHEREAS, Outlot A of Prairie Estates 2nd Addition has been subdivided into Prairie Estates 3rd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A Prairie Estates 2nd Addition among the new parcels in Prairie Estates 3rd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: to 1 . That the 1993 payableremaining balance3 of oIndustrialntPark pSewer #27-166019-0 for the r re Expansion and for the inlExhibit AVIP attachedehe�etoaand madeba apportioned as outlined part hereof . n 2 . That all other parts6 °and Resolution NoResolution No. 89361991, esolutishall ocon�nue46n Resolution No. 3016 , effect . Adopted in Adjournedheld this 15th day of June, 1993 . of the City of Shakopee, Minnesota Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Page 1 of 2 EXHIBIT "A" TO RESOLUTION NO . 3814 ASSESSMENT REAPPORTIONMENT FOR PRAIRIE ESTATES 3RD ADDITION P.I.D. NO. PROPERTY OWNER LEGAL 1981-1 V.I.P. ' 1987-13 V.I.P. DESCRIPTION ASSESSMENT I ASSESSMENT 27-174001-0 VIERLING PARTNERSHIP LOT 1 BLOCK 1 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174002-0 VIERLING PARTNERSHIP LOT 2 BLOCK 1 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174003-0 VIERLING PARTNERSHIP LOT 3 BLOCK 1 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174004-0 VIERLING PARTNERSHIP LOT 4 BLOCK 1 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174005-0 VIERLING PARTNERSHIP LOT 5 BLOCK 1 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174006-0 VIERLING PARTNERSHIP LOT 1 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174007-0 VIERLING PARTNERSHIP LOT 2 BLOCK 2 S30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES li SHAKOPEE, MN. 55379 3RD ADDITION 27-174008-0 VIERLING PARTNERSHIP LOT 3 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174009-0 VIERLING PARTNERSHIP LOT 4 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174010-0 VIERLING PARTNERSHIP LOT 5 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174011-0 VIERLING PARTNERSHIP LOT 6 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION ASSESSMENT REAPPORTIONMENT FOR PRAIRIE ESTATES 3RD ADDITION P.I.D. NO. PROPERTY OWNER LEGAL 1981-1 V.I.P. 1987-13 V.I.P. DESCRIPTION ASSESSMENT ASSESSMENT 27-174012-0 VIERLING PARTNERSHIP LOT 7 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174013-0 VIERLING PARTNERSHIP LOT 8 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174014-0 VIERLING PARTNERSHIP LOT 9 BLOCK 2 $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 3RD ADDITION 27-174015-0 VIERLING PARTNERSHIP OUTLOT A $30.73 $197.75 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 1 3RD ADDITION TOTAL = $460.95 $2,966.32 CONSENT i C_ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: 1993 Sidewalk Replacement Project No. 1993-11 DATE: June 11, 1993 INTRODUCTION: Attached is Resolution No. 3815 which accepts bids and awards the contract for the 1993 Sidewalk Replacement Project. BACKGROUND: On May 18, 1993 the City Council of Shakopee ordered the advertisement for bids for the 1993 Sidewalk Replacement Project. A total of 2 bids were accepted. The low bidder was West Star Curb & Concrete at a price of$22,790.00. The Engineering Department has revi & Concrd theete ete wasds, ecking for completeness and the found to be qualified to complete contractor's qualifications. West Star Curb the work as called for in the Sidewalk Replacement Program Specifications. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3815 awarding the contract to West Star Curb & Concrete, Inc. 2. Reject low bid and award contract to the other bidder. 3. Reject all bids. ACTION REQUESTED: Offer Resolution No. 3815, A Resolution Accepting Bids on the 1993 Sidewalk Replacement Program, Project No. 1993-11 and more its adoption. DMN/pmp MEM3815 RESOLUTION NO. 3815 A Resolution Accepting Bids On The 1993 Sidewalk Replacement Program Project No. 1993-11 WHEREAS, pursuant to an advertisement for bids for the 1993 Sidewalk Replacement Program, Project No. 1993-11, bids were received, opened ertind tabulated ab lated according to law, and the following bids were received complying with the end ent: West Star Curb & Concrete $22,790.00 Advanced Concrete $24,212.50 AND WHEREAS, it appears that West Star Curb & Concrete, Inc., Box 201, Watkins, MN 55389 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 ae hereby authorized and directed to in the name of the City of Shakopee fortthe 1993 er into a contract with West Star Curb & Concrete, Inc. in Sidewalk Replacement Program by replacement of defective d on filef sidewalk n the office of the Cing to the pty Clerk. lans and specifications therefore approved by the City Council 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 , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSE1' T � zd� MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer ek SUBJECT: Minnesota/Dakota/Alley Project No. 1993-5 DATE: June 9, 1993 INTRODUCTION: Attached is Resolution No. 3816 which accepts bids and awards the contract for Minnesota/Dakota/Alley Project No. 1993-5. BACKGROUND: On May 13, 1993 the City Council of Shakopee ordered the advertisement for bids for the Minnesota/Dakota/Alley Project. The alley construction will be 100% assessed to the adjoining property owners. The reconstruction of Dakota Street will be assessed 25%. On June 25, 1993 sealed bids were publicly opened for this project. A total of 5 bids were received as summarized in the attached resolution. The low bid was submitted by Bituminous Consulting and Contracting Co., Inc. in the amount of$51,951.72. The Engineering Department has reviewed the bids for completeness and has determined Bituminous Consulting and Contracting Co., Inc. is capable of performing the work associated with the project. ALTERNATIVES: 1. Accept low bid and adopt Resolution No. 3816 awarding the contract to Bituminous Consulting and Contracting Co., Inc. 2. Reject low bid and award contract to another bidder. 3. Reject all bids. ACTION REQUESTED: 1. Offer Resolution No. 3816, A Resolution Accepting Bids on the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314, and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and move its adoption. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project. DMN/pmp MEM3816 RESOLUTION NO. 3816 A Resolution Accepting Bids On The Alley Located Between Market Street And Oudot A Of Eastview Addition (Blocks 309, 314, 317 Of Wermerskirchen's Addition) And Minnesota Street/Dakota Street From 7th Avenue North To The Alley Project No. 1993-5 WHEREAS,pursuant to an advertisement for bids for the Minnesota/Dakota Alley Project No. 1993-5, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bituminous Consulting $51,951.72 Wm. Mueller & Sons $58,845.35 Ryan Contracting $58,874.50 Hardrives, Inc. $61,757.10 Alber Construction $66,017.00 AND WHEREAS,it appears that Bituminous Consulting and Contracting Co., Inc., 2456 Main Street N.E., Mpls., MN 55434 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 Bituminous Consulting and Contracting Co., Inc., in the name of the City of Shakopee for the improvement of Minnesota/Dakota/Alley Project by pavement, curb & gutter and storm sewer construction 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 , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney COISEi\1L MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director So SUBJECT: Shakopee Bypass Drainage Project No. 1993-13 DATE: June 11, 1993 INTRODUCTION: Attached is Resolution No. 3817 which approves the plans and specifications and authorizes staff to advertise for bids for the Shakopee Bypass Drainage Project. BACKGROUND: The Shakopee Bypass Drainage Project consists of the construction of the remainder of the Upper Valley Drainage Project (Phase II) from County Road 79 west to Tahpah Park. In addition to the drainageway, the project consists of constructing four storm sewer lines from the Shakopee Bypass to the Upper Vallley DrainageThis d Mn/DOT regarding the design and fundingoriginal Memorandum of Understanding between the City an Per the original Memorandum of Understanding, Mn/DOT would acquire all the necessary easements and right-of-way for the drainage project. The City of Shakopee would design and construct the project. Both the City of Shakopee and Mn/DOT would pay for the project by a Cooperative Construction Agreement. The funding would be broken down according to the amount of stormwater runoff generated by the Shakopee Bypass versus the drainage area within the City of Shakopee that would be availablevfor private development. Upon by the etion of C City of the project, the Upper Valley Drainage yuld be owned and maintained Shakopee. The plans and specifications for this project have been prepared for over one year. The project has been delayed due to the delays in Mn/DOT in acquiring all the necessary easements and right-of-way for the project. Mn/DOT has informed staff that all the necessary right-of way and easements will be acquired by the end of July and that the City would be able to award bids in August. Because the bidding process takes a minimum of 4 weeks, staff would like to initiate that process in order to expedite the time frame for the award of the bids. Attached is Resolution No. 3817, which approves the plans and specifications and orders the advertisement for bids for this project. The bid letting would be scheduled for some time in late July with the intention that this project could be awarded at the first or second Council meeting in August. Prior to the award of the contract,the City of Shakopee must execute the Cooperative Construction Agreement with Mn/DOT. This agreement will be coming to the City for review and execution prior to the bid award. ALTERNATIVES: 1. Adopt Resolution No. 3817, which order the advertisement for bids for this project. 2. Deny Resolution No. 3817. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3817, A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the Upper Valley Drainage Project, Phase II and the Shakopee Drainage Facilities, Project No. 1993-13 and move its adoption. DEH/pmp MEM3817 RESOLUTION NO. 3817 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Upper Valley Drainage Project, Phase II And The Shakopee Bypass Drainage Facilities Project No. 1993-13 WHEREAS, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the Upper Valley Drainage project and associated Shakopee Bypass Drainage Facilities and has presented such plans and specifications to the Council for approval; and WHEREAS, this project will be constructed under a Cooperative Construction Agreement with the Minnesota Department of Transportation. 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 under as such approved plans and specifications. The AdvertisementorBids shall be published required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT /2,/ EXPLANATION TO ORDINANCE 357 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt an ordinance regulating parades and races . REMARKS: For the last several years we have considered adopting an ordinance relating to parades and races . The Chief of Police has expressed concern that they are becoming more popular, and need some regulation. A large parade can take a significant portion of our police force to provide adequate protection for participants, audience, and traffic . A poorly planned parade can jeopardize the safety of the participants and residents of Shakopee. In order to encourage safe parades and races, without undue public expense, the attached ordinance has been prepared. The ordinance requires a permit, so that the police may prepare, bring in additional officers if necessary, reassign officers, coordinate activities, etc. The ordinance sets standards for issuance of the permit, to provide adequate police and fire protection and limit disruption of the City. Safety is extensively addressed, being our main concern, and provisions include consideration of barricades and fluorescent safety vests, prohibitions on parades or races at night, and limitations on conduct . Provisions for insurance at the City Administrator' s discretion and clean-up are included. ACTION REQUESTED: Offer Ordinance No. 357, an ordinance amending City Code Chapter 10, Public Protection, Crimes and Offenses, by adopting one new section relating to parades and races, and move its adoption. Submitted by: Zn 4vJ 8 City Attorne [10 . 63] ORDINANCE NO. 357, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 10, PUBLIC PROTECTIONS, CRIMES AND OFFENSES, BY ADOPTING ONE NEW SECTION RELATING TO PARADES AND RACES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City Code Chapter 10, Public Protection, Crimes and Offenses is hereby amended by adopting one new section relating to parades and races, which shall read as follows : SEC. 10 . 63 . PARADES AND RACES. Subd. 1. Purpose. The provisions of this Section are designed to regulate the time, place and manner in which a parade or race is conducted, in order to protect the safety and welfare of participants and non-participants, and to minimize interference with the customary flow of pedestrian and vehicular traffic on the streets, sidewalks and other public places . In particular, parades and races shall be limited to times and places which can be provided the necessary level of police protection to allow the parade or race to occur safely. Subd. 2 . Definitions. For purposes of this Section, the following words shall have the following respective meanings unless otherwise provided: A. Applicant : Any authorized representative of the sponsor who files a request for a parade or race permit . B. Chief : The chief of police of the City of Shakopee, Minnesota, or his or her designated representative. C. Controlled intersection: Any meeting of two (2) or more streets where traffic from one (1) or more directions faces traffic lights, a stop sign, a yield sign, or other traffic control device . D. Parade : Any parade, fun run, bike-a-thon, walk-a-thou, march, ceremony, pageant, procession (except a funeral procession) , or similar activity involving ten (10) or more participants who are not competing to complete the route in a short time. E. Participant : Any person actively engaged as a member of a parade or race, either as an individual, or as part of a parade unit . F. Police officer in charge : The shift commander, acting shift commander, or other individual designated by the chief . G. Race : Any race, run-a-thon, marathon, or similar activity involving ten (10) or more participants who are competing to complete the route in the shortest possible time. H. Route: The series of streets, sidewalks, grass areas, or other surfaces traveled along or across during the • duration of the parade or race. I. Sponsor: The person who provides the main financial, administrative, organizational or other support for a parade or race, and who accepts responsibility for the conduct of the parade or race. J. Unit : Any float, car, band, or other distinct item, person, or group of items or people moving together as a part of the parade. Subd. 3 . Permit. A. No parade or race shall be allowed within the city limits without a permit, which permit shall be conditioned upon compliance with the following regulations . The permit application shall be on a form approved by the chief and must specify the route and provide such other information as required by the chief . B. The following application shall be submitted in writing to the Police Department at least thirty (30) days prior to the parade or race : 1. An application for a permit to hold a parade which is expected to impede the normal flow of traffic for over forty-five (45) minutes . 2 . An application for a permit to hold a race involving crossing more than four (4) controlled intersections where the route requires or anticipates that the participants shall not obey the traffic-control devices . C. All other applications must be submitted in writing to the Police Department at least (10) days prior to the parade or race. 2 D. The chief shall act upon timely-filled applications in writing by three (3) days (seventy-two (7 2) hours) before the parade or race is scheduled to occur. E. The use of the streets and provision of police officer protection shall be on a first-come, first-served basis . Subd. 4 . Standards for Issuance. The chief shall issue a permit when, from a consideration of the application and from such other information as may otherwise be obtained, the chief finds that : A. The conduct of the parade or race will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; and B. The conduct of the parade or race will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city; and C. The concentration of persons, animals and vehicles at assembly points of the parade or race will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; and D. The conduct of such parade or race will not interfere with the movement of fire-fighting equipment en route to a fire; and E. The conduct of the parade or race is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; and F. The parade or race is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays on route; and G. The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit . Subd. 5 . Equipment. A. A parade or race applicant or sponsor must obtain and use such barricades and fluorescent safety vests as are determined by the chief to be reasonably necessary to protect the participants, non-participants, and traffic along the route. 3 B. The police officer in charge may cancel the parade or race if the applicant and sponsor fail to substantially comply with the requirement of providing safety equipment . Subd. 6 . Time. Parades and races may be held only between one- half hour before sunrise and one-half hour after sunset . Subd. 7 . Conduct. A. The parade or race shall be coordinated with the police officer in charge. The parade or race participants must obey all lawful orders of police officers . B. Any motor vehicle driven as a part of a parade or race shall drive as near to the right-hand edge of the street as practical and shall follow any foregoing parade or race units or participants as closely as is practical and safe; except the subsection shall not apply when an entire road is blocked for the parade or race. C. The sponsor of a parade or race agrees to clean up any and all debris and damage which may be done. In the event such cleanup is not undertaken promptly, the city reserves the right to do the cleaning itself, and to charge the sponsor for the actual time and expense incurred in the cleaning. This charge shall be a private debt against the sponsor. D. The City Administrator may require insurance, an indemnification contract, and/or a bond in such instances where deemed necessary to protect the public interest . E. The City Administrator shall have the authority to promulgate rules and regulations under this section, which rules and regulations shall be maintained on file with the City Clerk. Sec. 8 . Safety. The following conduct is prohibited as posing a significant threat to the public health, safety, and welfare: A. Operation of a motor vehicle by an unlicensed driver. B. Consumption of an alcoholic beverage while participating in a parade or race, whether as a driver, rider on a unit, member of a unit, or otherwise . C. Operation of a motor vehicle in a careless or reckless manner. This includes raising one wheel of a motorcycle off the ground to perform a "wheelie" . 4 D. Throwing candy, balloons, or other items which may entice children to run into the path of the parade or race . E. Discharge of fireworks, firearms, or other weapons . F. Other acts which have the potential to cause injury to persons or property. Sec. 9 . Violations. A violation of any condition of a permit shall be cause for revocation of the permit . Any parade or race conducted without a permit is in violation of the City Code; and anyone responsible for organizing, sponsoring or conducting such a parade or race will be held punishable under the City Code . Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 10 . 99, Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: Amor, City Attorney Published in the Shakopee Valley ews on the day of , 1993 . (10 . 63) 5 CONSENT � z MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Tv RE: Premises Permit for Shakopee Jaycees DATE: June 11, 1993 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees desire to renew their premises permit to sell pull tabs at Arnies Friendly Folks Club. They meet the requirements of the city code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 3819, A Resolution of the City of Shakopee, Minnesota, Approving A Premises Permit for the Shakopee Jaycees, and move its adoption. RESOLUTION NO. 3819 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE SHAKOPEE JAYCEES WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, Shakopee Jaycees are seeking a renewal of their Premises Permit at Arnie' s Friendly Folks Club, 122 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Shakopee Jaycees at Arnie' s Friendly Folks Club, 122 East 1st Avenue, Shakopee, Minnesota, be approved. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 15th day of June, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney