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HomeMy WebLinkAbout09/07/1993 TENTATIVE AGENDA September 7 , 1993 Page -2- 13] Reports from Staff continued: *g] Application for Premises Permit - Optimist Club of Burnsville - Res. No. 3680 h] Federal Flood Disaster Relief for 1993 Flood *i] Conveyance of Lift Station Site to Metropolitan Waste Control Commission *j ) Approve Bills in the Amount of $1, 079,724 .21 14] Resolutions and Ordinances: *a] Res. No. 3854 - Amending the 1993 Budget, for 1993 spring clean-up day *b) Res. No. 3852 - Consenting to 1994 HRA Tax Levy *c] Res. No. 3857 - Receiving Report & Setting Public Hearing on Improvements to Alley in Block 48 , Project No. 1994-1 *d] Res. No. 3856 - Amending the 1993 Budget, for salaries as a result of recent union settlements *e] Res. No. 3858 - Amending the 1993 Budget, for recreation department *f] Res. No. 3859 - Apportioning Assessments for Parkview First Addition *g] Res. No. 3855 - Amending the 1993 Budget, for community youth building improvements 15] Other Business: a] b] c) 16] Adjourn to Tuesday, September 21, 1993 at 7 : 00 P.M. Dennis R. Kraft City Administrator "Th PTh MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 3 , 1993 1 . Attached is a memorandum from the City Attorney regarding Fire Department bids . 2 . Attached is a memorandum from Brad Larson, County Highway Engineer regarding the temporary closure of CSAH 42 between just East of CSAH 18/Crest Avenue and Harbor Place just West of TH 13 in the City of Prior Lake. 3 . Attached is a memorandum from the League of Minnesota Cities regarding the 1993 Regional Meetings . If you are interested in attending one of the meetings, please contact Toni to RSVP. 4 . Attached is correspondence from the Mayor to Mr. & Mrs . Sever Peterson thanking them for their contribution of sweet corn for the City' s summer picnic. 5 . Attached are the September 9th agendas for the Planning Commission and Board of Adjustment & Appeals Meetings . 6 . Attached is the Police Newsletter for Council review. 7 . Attached is the monthly progress report from the Engineering Department . 8 . Attached is correspondence to Mike Mobley from the Public Works Director regarding sanitary sewer service. 9 . Attached is a memorandum from the Public Works Director regarding the Market St . /T.H. 101 Intersection. 10 . Attached are the August 30, 1993 minutes of the Cable Commission. 11 . Attached are the August 10th and 30th, 1993 minutes of the Cable Access Corporation. 12 . Attached is a memorandum from the City Attorney regarding the purchase of land South of the High School . 13 . Attached is the monthly progress report from the Assistant City Administrator. 14 . Attached is a memorandum from the Assistant City Administrator regarding complaint processing. 15 . Attached is a memorandum from the City Attorney regarding the closing of Rutt Property. ICI. 1 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: August 26 , 1993 RE: Informational Item re : Fire Department Bids At the last Council meeting I was directed to send a letter to Defender Industries regarding their apparently inconsistent bids to supply the City with a boat, trailer, and motor. That letter is attached. They have responded, and their response also is attached for your information. Signed Pe Karen Marty, City Attorney KEM:bjm [2 6MEMO2] Attachment cc : Dennis Kraft Fire Chief August 18, 1993 Ms . Betsy Poe Defender Industries, Inc. P.O. Box 820 255 Main Street New Rochelle, NY 10801 Dear Ms . Poe : The City Council of the City of Shakopee asked me to contact you regarding your recent bid to provide the City with a boat, motor, and trailer. Your initial bid was quite favorable, considering the 9% discount offered for a municipality, and the 4% discount offered if all three components were ordered, but lacked the shipping cost . Our Fire Department (acting through Terry Link) asked for a FAX setting out the shipping cost, and did not get it . He finally received a bid by mail with the shipping specified, but which then lacked the discounts described in the original bid. Since you changed your bid, we selected another bidder. If you want to do business with a city in the future, we suggest that you keep your bids consistent . Sincerely, %4/ Karen Marty City Attorney KWIDj m [18MEMO] cc: Fire Chief City Council AUG-25-93 WED 17::37 DEFENDER IND FAX Na 9146326544 P. 01 TO: Karen Marty, City Attorney City of Shakopee FROM: Andrew Lance Defender Industries , Inc . DATE : 8/25/93 Dear Ms . Marty: Thanks for your note regarding the bid for the boat . Unfortunately, we did not change our bid . When we copied the original bid to add the shipping, we left out the additional discounts, but the additional discounts were always available, they were just omitted from the amended bid. Since sourcing the boats elsewhere involved substantial additional cost for the City, in the future you may want to call and clarify a part of a bid which is confusing . We are all human and sometimes people make mistakes which I assume you would prefer to avoid if a simple phone call would save the City money. I hope we can help you in the future , Thank you . Best regards . @'et/ Andrew Lance, VP SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D.PAULSON Asst.Highway Engineer-Construction MEMORANDUM DATE: August 27, 1993 TO: Those on Attached List '' � FROM: Brad Larson, County Highway Engineer +� " SUBJECT: Temporary Closure of CSAH 42 between just East of CSAH 18/Crest Avenue and Harbor Place just West of TH 13 in the City of Prior Lake On Wednesday, September 1, 1993, CSAH 42 will be closed to through traffic between just East of CSAH 18/Crest Avenue and Harbor Place just West of TH 13 for road construction. A marked detour will be provided via TH 13 and CSAH 21 (see back). The temporary closure will be in effect until late November, 1993. If you have any questions or would like additional information, please contact this office. BJUkmg Enc. An Equal Opportunity/Affirmative Action Employer a0 . ' G.h.A.IA• I(o 0 -2vtl 7 4 sza a 7 IA Q •--•__ -,.rte-r, ,...l i• rir-•-. arl..o�...._ ' ..„�.�.__, x 411 PE;rodg- II • ‘... . -1-1,3 ...-- &A ,,,:t.,0 ..i_ .: orfiA ti.> /. _atil 9, ;, c)4 r\j-1_,) t - 12Ccolic!.- P. -yak.. ! : _ j;.. c: (----\ I f.a ., ria ,j'��� ,',„1 t,_' \ , C----\o'N.) ''\-•-,:, - ../:,7-. ...----• (_,____ , ., ,‘',-,..i. - T--- ,:,...„, ....„. A', • 1` ......_ y z/ 4�og:rA \'\, \6”)\6") 0 oT ro S GA�e 2 -- 3490 Lexington Avenue North - St. Paul, MN 55126 League of Minnesota Cities (612)490-5600 August 27, 1993 TO: Mayors, Managers, Councilmembers, Clerks c/o City Clerk FROM: James F. Milles-, Executive Director ,H Piatij SUBJ: League of Minnesota Cities 1993 egional Meetings Again this year the League of Minnesota Cities will hold twelve regional meetings to bring city officials together from throughout Minnesota. At these meetings current policy issues will be considered, as well as practical questions concerning the problems you face. We cordially invite you to attend a regional meeting to join in our discussions. This year, the League's regional meetings are scheduled in Appleton, Luverne, Springfield, Ha!lock, Ada, Wadena, Grand Rapids, Sandstone, Avon, Austin, Lonsdale, and Brooklyn Center. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:30 p.m. with a panel made up of representatives from the Minnesota Pollution Control Agency, Department of Trade & Economic Development, Department of Transportation, and Department of Public Safety. After a briefing by each state department, there will be a period of questions and answers. Some of the issues to be addressed are: • Hazardous waste accidents/spill procedures • Regulation regarding landfill closings • Trunk highway construction agreements • DTED-new initiatives • Tourism assistance to local communities • Part-time police, current trends • Changes in charitable gambling laws • Highway patrol arrests within city limits The social hour is scheduled to begin at 5:00 p.m., and dinner will be served at 6:15 p.m. After dinner and a welcome from the host city mayor, League President Leland Swanson will address the group. This will be followed by a Truth in Taxation video, and a fun and informative "LMC by the Numbers' presentation on League services. I hope you will be able to join us at one of our regional meetings. tf you plan to attend, please RSVP the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. "T-- I LI 1 - 3490 Lexington Avenue North St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 LEAGUE OF MINNESOTA CITIES 1993 REGIONAL MEETING SCHEDULE DATE CITY LOCATION/CONTACT PERSON Tuesday, September 21 Appleton Civic Center 323 West Schlieman Appleton, MN 56208 Roman Fidler 612/289-1363 Wednesday, September 22 Luverne Luverne VFW Club 705 South Kniss (Highway 75) Luverne, MN 56156 Marianne Ouverson 507/283-9422 Thursday, September 23 Springfield St. Paul Lutheran Church 2 East Central Springfield, MN 56087 Marian Schwieger 507/723-4416 Tuesday, September 28 Hallock City Hall (basement) 163 South 3rd Street Hallock, MN 56728 Hank Noel 218/843-2737 Wednesday, September 29 Ada Ada VFW 415 West Main Street Ada, MN 56510 Brian Kranz 218/784-2211 Thursday, September 30 Wadena Wadena Elks Lodge No. 2386 Highway 71 North Wadena, MN 56482 Bradley Swenson 218/631-2383 (OVER) PAGE 2 1993 REGIONAL MEETING SCHEDULE (continued) DATE CITY LOCATION/CONTACT PERSON Tuesday, October 5 Grand Rapids Sawmill Inn 2301 South Pokegama Avenue Grand Rapids, MN 55744 Karlene Gale 218/326-7600 Wednesday, October 6 Sandstone Sandstone American Legion 225 Washington Street Sandstone, MN 55072 Doug Schulze 612/245-5241 Thursday, October 7 Avon Rascals 311 Blattner Drive Avon, MN 56310 Lisa Heinen 612/356-7922 Tuesday, October 12 Austin Holiday Inn 1701 4th Street NW Austin, MN 55912 Kris Busse 507/437-7671 Wednesday, October 13 Lonsdale American Legion North Main Street Lonsdale, MN 55046 Joyce Skluzacek 507/744-2327 Thursday, October 21 Brooklyn Center Park Inn International 1501 Freeway Boulevard Brooklyn Center, MN 55430 Cathy Dovidio (LMC Office) 612/490-5600 PAGE 2 1993 REGIONAL MEETING SCHEDULE (continued) DATE CITY LOCATION/CONTACT PERSON Tuesday, October 5 Grand Rapids Sawmill Inn 2301 South Pokegama Avenue Grand Rapids, MN 55744 Karlene Gale 218/326-7600 Wednesday, October 6 Sandstone Sandstone American Legion 225 Washington Street Sandstone, MN 55072 Doug Schulze 612/245-5241 Thursday, October 7 Avon Rascals 311 Blattner Drive Avon, MN 56310 Lisa Heinen 612/356-7922 Tuesday, October 12 Austin Holiday Inn 1701 4th Street NW Austin, MN 55912 Kris Busse 507/437-7671 Wednesday, October 13 Lonsdale American Legion North Main Street Lonsdale, MN 55046 Joyce Skluzacek 507/744-2327 Thursday, October 21 Brooklyn Center Park Inn International 1501 Freeway Boulevard Brooklyn Center, MN 55430 Cathy Dovidio (LMC Office) 612/490-5600 LEAGUE OF MINNESOTA CITIES 1993 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:30-3:30 p.m. Panel presentations by representatives of State Departments Minnesota Pollution Control Agency Minnesota Department of Public Safety Minnesota Department of Trade and Economic Development Minnesota Department of Transportation 3:30-3:45 p.m. Break 3:45-4:45 p.m. Question and Answer Session 4:45-5:00 p.m. Program wrap-up/Preview of evening session EVENING PROGRAM 5:00-6:15 p.m. Social Hour 6:15-7:00 p.m. Dinner 7:00-7:15 p.m. Welcome by the host city mayor 7:15-7:30 p.m. LMC President message - Leland Swanson 7:30-7:42 p.m. LMC Video - Truth in Taxation 7:42-7:55 p.m. Discussion and questions about Truth in Taxation 7:55-8:30 p.m. LMC by the Numbers 9:30-9:00 p.m. General questions and meeting wrap-up 1 3490 Lexington Avenue North __ _.. ___ St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 SIGN UP NOW FOR THE 1994 CONFERENCE PLANNING COMMITTEE I am interested in serving on the 1994 Conference Planning Committee I am not interested in serving on the 1994 Conference Planning Committee I previously served on a Conference Planning Committee . year(s) I have not previously served . NAME: TITLE : ADDRESS: CITY: ZIP CODE: TELEPHONE: (where you can be reached during the day) MAIL TO: Darlyne Lang League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 Phone 6121490-5600 1111111tigli SHAKOPEE August 30, 1993 Mr. & Mrs . Sever N. Peterson 15900 Flying Cloud Drive Eden Prairie, MN 55344 Dear Mr. & Mrs. Peterson: Each year we hold a summer picnic for City employees and those citizens who volunteer their time to serve on various City Boards and Commissions. I want to let you know how much your contribution of sweet corn was appreciated. The corn was roasted over hot coals . It was delicious in spite of the fact that it was prepared by the Chief of Police and the Mayor! Thanks again. Sincerely, :44/ Gary L. Laurent, Mayor City of Shakopee GLL:trw COMMUNM PRIDE SLNCE 1857 5;170-1331 012-445-:;t-30 FA\ t,12-44;-n7 ,'. 129 Holmes greet South Sha}.oper.� ;nnesc;a . ,L1 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 9, 1993 Chairperson William Mars Presiding 1 . Roll Call at 7 : 30 P.M. • 2 . Approval of Agenda 3 . Approval of August 5 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens . 5 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for a 5' variance from the 10' side yard setback requirement in order to add a family room onto the home at 1124 S . Madison St. Applicant: Michael and Pamela Reynolds Action: Resolution No. 670 6 . Other Business a. b. 7 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN September 9 , 1993 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. • 2 . Approval of Agenda 3 . Approval of the August 5 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Approval of Consent Agenda - (All items listed with an asterisk are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . AMENDMENT TO A PLANNED UNIT DEVELOPMENT: 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. (Public hearing closed at the April 8 , 1993 Planning Commission meeting. ) Applicant: Laurent Builders 7 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to move in a refurbished railroad caboose and box car upon the Shiely property located south of Hwy. 101 and east of Valley Park Dr. Applicant: Landscape Junction, Inc. Action: Resolution No. 671 8 . 7 : 45 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to move a house onto a vacant lot located in the 600 block of West 7th Ave. Applicant: Warren and Debra Reed Action: Resolution No. 672 9 . 7 : 50 P.M. PUBLIC HEARING: To consider the rezoning of a 67 . 8 acre parcel lying on the south side of East 4th Ave. and south and west of the K. C. Hall, from R-4 to R-2 zoning. Applicant: Sienna Corp. 10 . 7 : 55 P.M. PUBLIC HEARING: To consider the preliminary plat of Prairie Bend, lying on the south side of East 4th Avenue, south and west of the K. C. Hall . Applicant: Sienna Corp. ' 11 . Annual Review: *A. Rick Jeurissen - Conditional Use Permit No. 622 *B. Model Stone Co. - Conditional Use Permit No. 576 12 . Other Business A. B. 13 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS : 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. A. 7 ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR AUGUST 1993 Category 1 - Projects Under Construction 1. 12th Avenue Sewer and Water Project (Industrial Park) All sewer and watermains have been completed. The lift station and control panel have been installed. The only remaining work on this project is the final testing of the lift station and turf restoration. Percent Completed - 98% 2 . Foothill Trail This project has been completed. Percent Completed - 100% 3 . 1st Avenue Utilities (Minibypass) Mn/DOT has completed all mainline sewer and water construction on 1st Avenue as part of the Minibypass Project . Some additional service lines need to be replaced on the north side once traffic is re-routed to the south side of 1st Avenue. Percent Completed - 90% 4 . Minibypass Construction (Mn/DOT) The road contractor is still on schedule for a November completion date. All work on the south lanes is nearing completion and they will be shifting traffic onto those lanes soon and working on the north lanes of 1st Avenue. Work is continuing on the retaining walls and other structures . The bridge is completed. 5 . 1993 Sidewalk Replacement Program This project has started and should be completed by September 3 , 1993 . Percent Completed - 90% 6 . Valley Park 11th Addition The contractor has started site grading and installing sewer and watermains . The sewer and water crossings (jacked) on 12th Avenue are completed. Percent Completed - 10% 7 . Minnesota Street/Dakota Street/Alley This project has been completed except for some minor punch list items . Percent Completed - 98% 8 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The City Council has awarded this project to Ryan Contracting. Mn/DOT will be concurring on the award by September 1, 1993 . Construction should start in September. Percent Completed - 0% 9 . Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) All utilities have been completed on Naumkeag Street and the street construction has started. Sewer and water main installation on 4th Avenue has been completed between Naumkeag Street and Dakota Street . The one block of Atwood Street by the hospital has been excavated and the new street is being constructed. (No utilities needed in this block) . Percent Completed - 10% Category No. 2 - Projects in Design 1. Rahr Malting Force Main This project has been designed and a bid letting is scheduled for September 14, 1993 . Percent Completed - 0% 2 . Rahr Malting Inverted Siphon (Service Line) This project is being designed by a consultant and the design is almost completed. This project may be bid with the forcemain provided the necessary agreements with Rahr are completed in time . Percent Completed - 90% 3 . V.I.P. Interceptor Extension This project has been designed and a bid letting is scheduled for September 14 , 1993 . This project will be bid with the Rahr Forcemain. Percent Designed - 100% 4. Public Works/SPUC Parking Lot Paving Some preliminary surveying has been obtained and an approximate cost estimate prepared. No design has started. Percent Designed - 0% 5 . Downtown Alley Reconstruction and Undergrounding Electric Lines The design of this project will need to be coordinated with Shakopee Public Utilities . All field survey work has been completed and design has started. The pavement reconstruction portion will be designed in-house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Construction of this project has been postponed until 1994 . Percent Designed - Pavement - 40% Electrical - 0% 6 . Parking Lot Downtown (Old Gene Brown Lot) This project will be designed in conjunction with the alley reconstruction project . Percent Designed - 0% Category 3 - Projects Under Study 1. Downtown Streetscape/Phase II The feasibility report has been completed and was submitted to City Council in August and a public hearing scheduled for September. Percent Completed - 100% 2 . St. Francis Hospital Sewer and Water A petition for sewer and water was received by the City Council on July 6 , 1993 and a feasibility report ordered. Work on the feasibility report has not started yet . Percent Completed - 0% 3 . Alley - Block 48 This feasibility report has been completed and will be submitted to Council in September. Percent Completed - 100% Category 4 - Private Subdivisions All public streets and utilities constructed as part of new subdivisions require continuous inspection to make sure City Specifications are followed. The following is a status update on the new subdivisions for 1993 . 1. Beckrich Estates All work in this new subdivision was completed last fall with the exception of the final lift of asphalt, restoration and final clean-up. (No change in status from the last report . ) Percent Completed - 80% 2 . New Connection of Muhlenhardt Road to C.R. 18 and Streets in Horizon Heights 4th The road construction is basically completed. Some minor grading remains, as well as the final clean up, restoration, sodding and turf establishment . The developer has resumed work to finish this project . Percent Completed - 95% 3 . Meadows 8th Addition Phase I of Meadows 8th is completed. A portion of the streets have been delayed (Phase II) due to the Shakopee Bypass Drainage Project, which will be starting in September. Percent Completed - Phase I - 100% Phase II - 0% 4 . Milwaukee Manor All underground utility construction (sewer, water, storm sewer) has been completed. The base course of asphalt has been completed on Dakota Street . The remaining streets (private) are gravel with no pavement . Percent Completed - Overall - 60% Dakota Street - 90% 5. Maple Trails Construction on the streets in this subdivision have started. Percent Completed - 10% 6 . Dominion Hills Construction on this subdivision has started. The streets have been graded. Percent Completed - 10% 7 . Stonebrooke - Phase II Plans have been approved and construction will be starting shortly. Percent Completed - 0% 8 . Parkview 1st Addition Construction has started on this subdivision. The underground utilities are being installed. Percent Completed - 15% Category 5 - Special Projects 1. SPDC Substation The appraisals for the necessary easements have been completed and staff will be making offers to the affected property owners soon. 2 . Huber Park Grading Permit Because Huber Park is in the floodplain, the City must receive a permit from the Planning Commission to place fill in the floodplain. Most supporting data for this activity has been prepared and the field surveys completed. Staff will be submitting this to the Planning Commission for action as soon as the water levels recede enough to complete the analysis . 3 . Maras Street Easements All easements for the street have been obtained and recorded except two. The City Attorney is continuing to work towards obtaining the remaining easements . 4 . Murphy' s Landing Sewer Problem Staff has investigated the costs for replacing the lift station and alternatives for providing sewer service to Murphy' s Landing and will present a report to Council in September. 5 . Total In-House Engineering Concept During the 1993 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e. no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet . 6 . Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this . Staff has not received any proposals from the Watershed District . 7 . Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done . The final report is being postponed until the final decision involving the Chaska Interceptor cost sharing agreement . Percent Completed - 95% 8 . Comprehensive City-Wide Stormwater Management Plan (Consultant) This study is approximately 60% completed at this time . 9 . Chaska Interceptor Negotiations Staff continues to spend considerable amount of time in the negotiations with Met Council and MWCC. Since June, meetings have been held bi-monthly to try and resolve this situation. It is anticipated that the draft agreement for cost participation will be presented to the City Council in September for Resolution. August 31, 1993 David E. Hutton City Engineer SI-TAKOPEE August 25, 1993 Mike Mobley 838 E. 4th Avenue Shakopee, MN 55379 RE: Sanitary Sewer Service Dear Mr. Mobley: This letter will confirm our conversation on Monday, August 23, 1993 regarding your request to install a second set of sewer and water services to your property at 838 E. 4th Avenue. As I understand it, your intent regarding this request is for purposes of splitting your lot into two lots. Both the Engineering Department and the Planning Department have reviewed your property and your potential for splitting your property into two lots. Based on the current zoning and subdivision ordinances, it is the City staffs opinion that you cannot legally split your lot into two lots, without obtaining some variances from the current City ordinances. Also, the location of the existing structure is prohibitive to splitting your lot into two due to the setback requirements. City staff have informed you of these issues and the difficulties they will present to your desire to divide your lot into two, but you indicated to me that you would still like a second set of sewer/water services. In regards to the sewer service, I would be willing to install a second one as long as you are aware that the costs for the second service are yours and that you are not guaranteed that the lot split would be ever be obtained. The process of splitting your lot in two would require Planning Commission and City Council approval. This second sewer service in no way implies that City staff is in favor of the lot split. You_indicated to me that you are fully,aware of that and that the risk was entirely yours, but in fact continued to indicate a desire for the second sewer service. In regards to a second water service, you will have to obtain Shakopee Public Utilities (445-1988) approval of that as I do not have any authority on watermain related issues. It is my understanding that Shakopee Public Utilities does not allow dead end water services to be stubbed into non-platted lots. CONIMu 1T•1'PRIDE SE'vCE 1857 Hoimes e•crt' Swth -hae.•^rc.N4...,ic-ota. ;-u ni_+; .?r. F In summary, I will agree to provide a second sewer service to your property, if you obtain permission from Shakopee Public Utilities Commission for a second water service. If you do not receive permission for a second water service, then we will not provide a second sewer service because the street will need to be excavated anyway at some future point when you receive approval for the water service. In either case, we will install a sewer "wye" at the main for this second service so at some future date if it is ever used, you will not need to cut into the sewer main. I would also like to advise you that the City Council of Shakopee has a policy prohibiting any street cuts for 5 years after a new street is constructed. If you have any questions or comments, please contact me at 445-3650. Otherwise, the Engineering Department will proceed as I outlined in this letter. Sincerely, 111111111 / e7 - David E. Hutton, P.E. Public Works Director DEH/pmp MOBLEY MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director "�' O`� SUBJECT: Intersection of Market Street and T.H. 101 DATE: August 25, 1993 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: Attached please find a letter from, Mn/DOT indicating that the intersection of Market Street and T.H. 101 does not meet the warrants for traffic signals. The warrant study was requested by the City Council in May, 1993. There is no question that the road construction has adversely affected traffic volumes in this area. The City Council may wish to request another warrant study at such time as all the highways and streets are completed and when it becomes apparent that the traveling public is increasing to use Market Street as access to 1st Avenue. DEH/pmp MARKET • Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville,Minnesota 55113 Oakdale Office Reply to 779-1124 • Telephone No. August 3, 1993 Mr. David E. Hutton, P.E. Public Works Director City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 SUBJECT: C.S. 7005 Trunk Highway (T.H.) 101 at Market Street Signal Study Request Dear Mr. Hutton: This is a follow up on Gary Thompson's May 24, 1993 response to your letter to William Crawford dated May 11, 1993. We have completed our study and feel that a signal is not justified at this time. The location does not meet the volume requirements for consideration of a signal installation or an all way stop. The analyses are attached, as you requested. If you have any questions please call me a 779-1124. Sincerely, Robert#14/1147'‘Illfre k, P.E. Division Traffic Studies Engineer Attachment: An Equal Opportunity Employer MINNESOTA DER DRV TM5 GENT of EN6INRANfiSPORTATION IC SPEED ALL STOP WARRANT APPROACH LANES Location :TH-101 / MARKET ST 2 Ref. Point :SHAKOPEE 30 Major App. 1 :TH-101 EB, W OF MARKET ST. 2 30 Minor App. 2 :MARKET ST. NB, S OF JCT TH-101 DateFactor :1.000-93 J0 Major App. 3 :TH-101 WB, E OF MARKET ST. :1.0002 2 30 Minor App. 4 :MARKET ST. SB, N OF JCT TH-101 r-requiredti 500 200 MAJOR MAJOR MINOR MINOR TOTAL MINOR WARRANT 7701L MINOR WARRANT HOUR APP.1 APP.3 APP.2 APPATOTAL 63J 557 EMI 1252 60 XI b-7 A.M. 7-8 A.M. 700 745 52 2 IIMIIIEIIIIMIII 8-9 A.M. 624 702 39 4 1369 43 XI 9-10 A.M. 643 654 58 7 1362 65 X/ MIIIIIIIIIIII 10-11 A.M. MI 77 4 1405 81 XI , XI 11-12 P.M. 700 IMIIIIMII 12-1 P.M. 703 701 74 X.1 NMIIIIIIIIIII 1-2 P.M. 677 705 5 J7 13 1452 70 I X/ 2-3 P.M. 714 650 64 5 1433 69 X/ IIM 749 760 52 6 1567 58 X1 1111 4-5 P.M. 7J °g 787 53 8 1586 61 XI ra 5-6 P.M. 760 783 50 7 1600 57 XI NM 6-7 P.M. 684 4 MI X/ MEM 1113 36 XI 7-8 P.M. INN 8-9 P.M.M. 442 555 23 3 1023 NM 9-10 P.M. 363 4J8 22 3 826 25 X! 10-11 P.M. 282 318 12 2 614 14 II THIS WARRANT WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS REMARKS: DATA FILE --> TH101MAR MINNESOTA DEPARTMENT of TRANSPORTATION METRO DIVISION--TRAFFIC ENGINEERING SIGNAL WARRANT ANALYSIS Location :TH-101 / MARKET ST LANES Ref. Point :SHAKOPEE SPEED APPROACH Date :06-08-932 Factor :1.000 30 Major App. 1 :TH-101 EB, W OF MARKET ST. 2 . 30 Major App. 3 :TH-101 W8, E OF MARKET ST. , 2 30 Minor App. 2 :MARKET ST. NB, S OF JCT TH-101 2 POPULATION LESS THAN 10,000 : NO 30 Minor App. 4 :MARKET ST. SB, N OF JCT TH-101 SEVENTY PERCENT FACTOR USED : NO 600/900 200/100 200/100 112 MAJOR MAJOR TOTAL WARRANT MINOR MINOR 4 METRAPPT22 METRAPPT4 MET EHDUkSr HOUR APP.1 APP.3 1+3 MET APP.2 APP.4 A.M. 635 557 1192l 59 1 / / I X / X 1 I r ; 7-8 A.M. 700 745 1445 X / X J2 2 I 4 / ! J 8-9 A.M. 624 702 1326 X / X 39 t . 9-10 A.M. 643 654 1297 X I X 58 7 ! / l 10-11 A.M. 679 645 1324 X / X 77 4 ! / i 11-12 P.M. 700 667 1367 X / X 6B 10 I 12-1 P.M. 703 701 1404 X / X 74 j1 5713 / / !P.M. bl1 705 1382 X / X 2-3 P.M. 714 650 1364 X I X 64 5 / ! y 3-4 P.M. 749 760 1509 X / X 52 6 I l / `' 8 / / I 4-5 P.M. 738 787 1525 X / X1. Ir 5-6 P.M. 760 783 1543 X / X 50 6-7 P.M. 684 667 1351 - X / X 37 4 ! 7-8 P.M. 508 569 1077 X / X .4 2 / ! / 8-9 P.M. 442 555 997 X / X 23 9-10 P.M. 363 438 801 X / 22 3 1 / / I 10-11 P.M. 282 318 600 X 1 12 2 ! / WARRANT 1 WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS WARRANT 2 WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS WARRANT 6 VOLUME REQUIREMENTS WERE NOT MET WARRANT 8 WAS NOT MET : 0 HOURS MET / 0 HOURS MET WARRANT 9 WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS DATA FILE --: TH101MAR WARRANT 11 WAS NOT MET : 0 HOURS SATISFIED REQUIREMENTS 4-ic OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 30 , 1993 Chairman Anderson called the meeting to order at 7 : 05 p.m. with the following members present : Scannell, Zeigler, Bastyr and Anderson. Commissioners Harrison and Moonen were absent . Barry Stock, Assistant City Administrator; Paul Ryan, Studio Manager, Doug Hamilton, and Mark Hammerstrom, Amzak Cable Manager were also present . Bastyr/Scannell moved to approve the minutes of the June 21, 1993 meeting as kept . Motion carried unanimously. Mark Hammerstrom, Amzak General Manager was present to update the Commission on the cable company' s actions to comply with the rate regulation provisions of the Cable Act of 1992 . Mr. Hammerstrom noted that the enforcement date for rate regulation is September 1, 1993 . At that time, all cable operators were to comply with the so called "benchmarks" established by the FCC. In order to comply with the FCC provisions, Amzak Cable, Midwest, Inc . had to adjust the cable the average cable subscriber will Hammerstromnoted at slight for mdecrease most part, g in their cost for service . Mr.Hammerstrom also noted that there has been a slight change from the previous correspondence relating to their rates that will be charged for connection, re-connection and trip charges . After further review, Mr. Hammerstrom noted that Amzak has decided to maintain the former rates for connection, re-connection and trip charges . The rate would be $17 . 86 per outlet . Comm. Bastyr questioned if a subscriber had a cable ready TV if they still needed a converter box. Mr. Hammerstrom stated that if you have a cable ready TV youneed a box if you subscribe to a premium channel . Comm. Anderson asked Mr. Hammerstrom to explain the difference between local affiliates and networks . Mr. Hammerstrom noted that CBS is the only locally owned and operated system. KITN has assigned their carriage option to FOX Network. Mr. Hammerstrom then stated that local broadcasters have the right to select one of two carriage options "must carry" or "retransmission consent" if they elect "must carry" the cable operator must carry them on the channel they designate although no other compensation is required of the operator. If they elect "retransmission consent" the station can basically name their price for carriage "including cash compensation" , and if the parties cannot agree on terms, the operator must drop the channel effective midnight October 5, 1993 . Mr. Hammerstrom stated that NBC (Channel 11) and KSTP (Channel 5) are near Channelthe 29) ',are st ll must hCBS olding out for cash compensation. KITN FFOX (Channel (C Official Proceedings of the August 30 , 1993 Shakopee Cable Commission Page -2- Comm. Bastyr questioned what the chances were of not getting agreements with Channel 4 and 29 . Mr. Hammerstrom stated that he would be surprised if WCCO was not signed by the October 5 deadline . Chairman Anderson also noted that cable subscribers would be given the option of having a/b switches installed on their television so that they could still get these channels . Comm. Scannell questioned that status of the fiber optic run to Chaska. Mr. Hammerstrom stated that the bridge construction project has delayed the fiber optic line installation. Mr. Hammerstrom stated that they have just recently secured conduit on the new bridge for the fiber optic line . However, given the new cable act regulations, Amzak Cable Midwest, Inc . may be reconsidering the fiber optic line and elimination of the Shakopee head end. Zeigler/Bastyr moved to adjourn the meeting at 7 : 35 p.m. wit OFFICIAL PROCEEDINGS OF THE SHAKOPEE ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 10, 1993 Chairman Bastyr called the meeting to order at 7 : 03 p.m. with the following members present : Anderson, Scannell, Moonen, Zeigler, Harrison and Bastyr. Paul Rein, Tony Monnens and Doug Hamilton were also present . Comm. Zeigler gave a brief Treasurer' s Report and an overview of the 1993 budget . Discussion ensued on needed studio improvements. It was the consensus of those present to order one pair of headphones at a cost not to exceed $34 . 95, one pair of speaker monitors at a cost not to exceed $252 . 80 , installation for call waiting at a cost not to exceed $10 . 00 per month and a monthly fee of $3 . 50, two telephones at a cost not to exceed $40 . 00 per phone . Anderson/Zeigler moved to purchase a fax machine at a cost not to exceed $400 . 00 . Discussion then ensued on additional equipment and studio improvements . Discussion ensued on the need for a portable video system versus a need for a second editing system. Cost for the portable system is approximately $10, 000 . 00 and an editing system is approximately $17, 000 . 00 . It was the consensus of those present to have Paul Rein receive quotes for a portable video system. Meeting adjourned at 8 : 17 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 30, 1993 Chairman Bastyr called the meeting to order at 7 :36 p.m. with the following members present : Anderson, Scannell, Zeigler, and Bastyr. Commissioners Harrison and Moonen were absent . Barry Stock, Assistant City Administrator; Paul Ryan, Studio Manager and Doug Hamilton were also present . Comm. Zeigler gave a brief Treasurer' s Report . He noted that the general fund had a balance of $16, 976 . 71 . The utility fund had a balance of $5, 394 . 81 . Discussion ensued of the New Frontier/PFR contract amendments . Comm. Zeigler noted that the contract period should be March 1, 1993 through February 28, 1994 . Chairman Anderson stated that he felt the contractor should provide ongoing training sessions rather than monthly training sessions. Discussion then ensued on the need for a maintenance log for each piece of equipment valued over $250 . 00 . It was the consensus of the group that the contractor shall simply develop and update a quarterly maintenance log. Discussion ensued on the provision requiring the contractor to donate 5% of the gross revenue derived from the use of any public access equipment or facilities associated with their business activities . Chairman Anderson questioned Mr. Ryan regarding his intentions for using the studio equipment for business purposes. Mr. Ryan stated that he owns his own equipment and he did not see the need to use any of the public access studio equipment . It was the consensus of the group to delete the provision relating to the donation of 5% of the gross revenues . Discussion ensued on the compensation for contractor services . Mr. Stock stated that the language has been amended so that the contractor shall invoice the Access Corporation on a monthly basis for public access related services and government access channel related services . The government access services shall be based on an actual cost basis at a rate of $12 . 00 per hour not to exceed $240 . 00 per month. Discussion then ensued on the provision which specified that the contractor shall be responsible for updating the government access character generator. Mr. Stock noted that the current character generated has a very limited channel capacity and that it is somewhat time consuming for staff to update the character generator on a regular basis . Typically, the public access studio personnel have updated the character generator on a weekly basis when the broadcast City meetings . Comm. Zeigler stated that he felt that character generator on the government access channel should be updated more frequently. Mr.Stock stated that if we had better character generator with a greater memory capacity and formatting system that it would be easier for City staff to update it on a regular basis . Comm. Anderson questioned whether or not the amount Official Proceedings of the August 30 , 1993 Shakopee Access Corporation Page -2- of proceeds that the Access Corporation will receive from the City of Shakopee has been increased to reflect actual franchise payments . Mr. Stock stated that the 1993 budget included $30 , 000 . 00 for professional services which is transferred to the Access Corporation. The 1993 budget was based on a projected franchise fee of $36 , 000 . 00 . The total cable budget which includes the payment to the Access Corporation and City administrative staff time equates to $34, 650 . 00 . Mr.Stock noted that if cable franchise fees in 1993 exceed the projected amount of $36, 000 . 00 it may be possible to go back to City COuncil and request a budget amendment to obtain funds to purchase a new character generator for the government access channel . Comm. Anderson questioned what was budgeted in the 1994 budget for public access . Mr.Stock stated that the 1994 budget again included $30, 000 . 00 to be transferred to the Access Corporation. Mr. Stock stated that in 1994 if franchise fees exceed the project level that a budget amendment could be recommended to the City Council in 1994 . It was the consensus of the Access Corporation to monitor the franchise fee payments received by the City in 1993 . If franchise fees exceed the projected level it might be appropriate for the cable commission to recommend a budget amendment to acquire a character generator for the government access channel . Zeigler/Anderson moved to approve the contract with PFR Productions as amended. Motion carried unanimously. Discussion then ensued on the public access policies . Comm. Bastyr stated that he would like to see Saturday studio hours continued. The proposed amendment simply provides access to the studio between Monday and Friday, 3 : 00 p.m. to 8 : 00 p.m. It was the consensus of the studio that since the contractor is willing to open the studio at any time with a 24 hour notice that it was not necessary to keep the studio open on Saturdays . Discussion ensued on the free production dubbing policy. It was agreed that one free dub and tape shall be provided to a producer of a show made with public access equipment for the public access channel . The free tape and dub would be provided by the Public Access Corporation. Discussion then ensued on long distance phone calls . It was agreed that public access administration long distance phone calls would be allowed. Production related calls should be paid for by the producers . All long distance calls must also be logged. Discussion then ensued on the video tape/equipment usage policy. It was agreed that all tapes for production purposes shall be returned to the studio or acquired by the producer at a rate of Official Proceedings of the August 30, 1993 Shakopee Access Corporation Page -3- $5 . 00 per VHS tape and $10 . 00 per SVHS tape. Producers are also required to use a video tape supplied by the Public Access Corporation. Anderson/Zeigler moved to approve the public access policies as amended. Discussion then ensued on the public access grant program. Mr. Stock noted that there are several items that needed to be discussed regarding the grant program. He noted that he assembled language from other public access studio grant programs . Zeigler/Scannell moved to table discussion on the public access grant program to the next meeting. Discussion then ensued on the studio equipment needs . Mr. Ryan presented the quotations that he has received for the portable system. He noted that EPA' s bid was $9, 890 . 70 ; Alpha' s bid was $10, 294 . 00 . Comm. Anderson questioned whether or not the bid included installation and labor. Mr. Ryan stated that he did not know. Comm. Anderson also questioned if wiring was included and whether or not the mixer pulled out from the rack. Mr. Ryan stated that he was not sure whether the proposal included wiring and/or whether or not the mixer pulled out from the rack mounts . Anderson/Zeigler moved to accept EPA' s bid contingent upon installation/wiring costs not to exceed $300 . 00 . Motion carried unanimously. Discussion then ensued on the need for a studio lease agreement . Mr. Stock noted that he was not aware of any lease agreement between the Access Corporation and Mr. Lepley for the studio space . Comm. Zeigler questioned what the lease rates were in the downtown area. Mr.Stock stated that rates in the downtown area ranged between $5 . 00-$7 . 00 per square foot . He did note that in his opinion the space provided for the public access studio was not quality space . Discussion ensued on the need for carpeting in the studio. Mr. Stock stated that generally carpeting is a leasehold improvement that is provided by the property owner. Typically this type of improvement is addressed somewhere in the lease . Discussion ensued on the electrical problems with the studio lighting. Comm. Zeigler stated that he felt that the electrical problem could simply be resolved by installing light bulbs in the lighting system that had a smaller wattage. It was the consensus of the Commission to have Mr. Stock and Comm. Zeigler negotiate a lease agreement with Mr. Lepley. Doug Hamilton shared with the Commission the program that they are working on to cover the Vietnam Memorial in Shakopee . Mr.Hamilton noted that he has obtained a RV from Jack Brambilla to be used as Official Proceedings of the August 30 , 1993 Shakopee Access Corporation Page -4- a production vehicle at the memorial . This will significantly reduce the amount of time in setting up and taking down equipment . Mr. Hamilton noted that he has obtained a rider on his personal auto insurance for the vehicle . He questioned whether or not the Access Corporation would be willing to reimburse him for the $33 . 00 rider. He also questioned whether or not the Access Corporation would be willing to contribute some funds for beverages . Anderson/Scannell moved to donate $100 . 00 to Doug Hamilton for the Vietnam Memorial production. Motion carried unanimously. It was the consensus of the group to meet on September 27, 1993 at 7 : 00 p.m. in the Public Access Studio. Anderson/Scannell moved to adjourn the meeting at 10 : 00 p.m. Motion carried unanimously. 0-- MEMORANDUM --MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City AttorneV DATE: August 30, 1993 RE: Purchase of Land South of the High School On Thursday, August 19, 1993 , we closed on the purchase of land south of the High School . The deeds are being recorded. We have discovered that a new survey will be necessary in order to correctly allocate property to the High School, and that has been ordered. As soon as the survey is completed, we will prepare the appropriate deed and convey the land desired to the school district . If you have any questions, please let me know. This is for your information. KEM:bjm [27MEMO2) Monthly Project Report - Submitted by Barry Stock September 1, 1993 Project Start Complete Status Comments 1 . Mem. Park Playground 6/1 10/15 5% Council Equipment approved 8/3 2 . Clinic RFP' s ? ? 0% 3 . AWAIR Program ? ? 0% 4 . Complete new employee 7/1 10/1 75% job descriptions. 5 . Develop new employee 1/1 11/1 80% performance evaluation format . 6 . Perform Employee 1/1 ? 0% Evaluations 7 . Carpet Library 9/1 10/31 0% Quotes received. & Handicapped Compliance 8 . Pest Control RFP' s 5/1 6/1 0% 9 . HVAC Equipment 6/1 8/1 90% Inventory 10 . Rehab Grant Program 5/4 10/5 50% Amendments 11 . Park Improvement Plan 8/24 11/15 5% 12 . Rec. 1994 Fee Schedule 9/1 11/15 0% 13 . Comm. Youth Bldg. Rehab 9/1 9/25 5% 14 . City Hall Mtg. Room 9/1 9/7 50% Policy Other Comments The Recreation Dept . workload is as projected. No special projects are being planned outside the normal workload. The Building Dept . generally does not initiate special projects . The Building Depts . workload normally is dependent upon building activity levels . Current building activity levels remain strong. Code enforcement is being handled on a complaint basis . Memo To: City Staff From: Barry A. Stock, Asst . City Admin. RE: Complaint Processing Date : September 1, 1993 Attached is a list of commonly received complaints . Note that the department responsible for processing the complaint is identified in the left hand margin. Following is a list of the individuals within each department that the complaints can be referred to: Building - Fulton Schleisman, Jim Grampre Code Enforcement - Jim Grampre County - Al Frechette - 496-8177 Engineering - Dave Hutton, Dave Nummer Fire - Frank Ries Health Officer - Al Frechette - Scott County - 496-8177 Planning - Lindberg Ekola, Terrie Sanbeck Police - Tom Steineger, Jerry Poole Public Works - Dave Hutton, Harry Pass SPUC - Lou Vanhout If additional complaints arise where the appropriate enforcement department is unclear, please bring them to my attention. Department Responsible Issue Bldg/Planning Antenna or satellite dish installations Building/Planning Change of occupancy (use) in existing buildings Building/Planning Conversion of duplexes to twin homes Building/Fire Licensing/building requirement inquires Child care centers Day care Beauty shops Bldg/Fire/Planning Temporary facilities, tents, etc. Building Abandoned buildings Building Abandoned wells Building Boarded-up buildings Building Dilapidated fences Building Fence location checks Building Lack of handicap access to or in existing facilities Building Move in houses pre-inspection; pictures, report Building On site sewer problems Building Rental housing complaints-landlord Building Rental housing complaints-tenant Building Rundown commercial (exterior) Building Rundown housing (exterior) Code Enforcement Building materials-blowing around Code Enforcement Cars/trucks leaking oil on streets/alleys Code Enforcement Cars up on jacks Code Enforcement Dumpsters/garbage cans in R-O-W Code Enforcement Fire wood piles Code Enforcement Garbage cans-left at road, etc. Code Enforcement Leaves in bags left over the winter Code Enforcement "Messy" yards in residential areas Code Enforcement Outdoor sales lots, open sales without permits Code Enforcement Overflow garbage Code Enforcement Refrigerator/appliances stored on private property Code Enforcement Semi-truck, trailer parking (in residential areas) Code Enforcement Too many garage sales in a year Code Enforcement Trailers/playhouses too close to property line Code Enforcement Trees planted on property line County Environmental investigations County Oil dumping (in alleys, etc. ) County Polluted streams, ponds, etc. Engineering/Bldg Drainage complaints Engineering/Bldg Dumping, filling or grading without permit Eng/SPUC/Bldg Enforcement of 3 year period to connect to sewer and wate City Code Section 31. 0 Engineering Decorative fences in right-of-way Engineering Driveway locations with respect to property lines, width, etc. Engineering Erosion-erosion control Engineering Locate property lines/corners Fire Excess smoke, particles from chimneys, smokestacks, etc. Health Officer Public health complaints-refer to Public Health Officer? Planning/Bldg Conversions of residential homes to business uses Planning/Code Fish houses stored on residential lots Planning/Code Outdoor storage (without screening) Planning/Police Exotic animal complaints, e.g. Boa Constrictor, Pot Bell Pigs, etc. Planning Businesses in residential zoning districts Planning Conditional Use Permits-followup, anniversaries, etc. Planning Home occupations without C.U.P. Planning Illegal duplex, tri-plex, etc. in R-2 zoning district Planning More than allowable families/residents in a dwelling Planning Rooftop screening-equipment Planning Salvage yard operations Planning Signs, banners, temporary signs without permits Planning Signs-field checks, follow-ups Planning Tree, shrub, planting location Police Abandoned cars Police Animal trapping Police Noise complaints Police Ongoing neighbor disputes Police Open burning Police Unlicensed/inoperable vehicles Police Vehicle parking in front of mailbox-P.O. won't deliver mail Public Works Ice and snow on public sidewalks Public Works Tall grass/weeds Bldg = Building Admin = Administration Eng = Engineering Code = Code Enforcement I MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL CHAIR AND MEMBERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY FROM: Karen Marty, City Attorneys ' DATE: August 30, 1993 RE: Closing of Rutt Property Pursuant to City Council and HRA direction, the land commonly known as the Rutt property was conveyed from the City to the HRA, and then to Mr. David Rutt on August 23, 1993 . The entire proceeds (minus taxes and special assessments) was placed in escrow by the closing company, until the Torrens proceeding is much further along. The conveyance was done, however, in order to allow Mr. Rutt to complete his platting process and begin development . If you have any questions, please let me know. This is for your information. KEM:bjm [27MEMO2] *1 y; MONTHLY PROGRESS REPORT CITY OF SHAKOPEE PLANNING DEPARTMENT AUGUST 31, 1993 (N'P51\DOCS\TERRIE\PROCRESS.AUG) 8/31/93 Part I. Project Start Complete Status Comments Administration 1. 1994 - 1998 CIP 4/1 10/1 80% PC recommended approval 2. 1994 Budget 4/1 10/1 90% COW reviewing 3. U of M intern - hire 9/15 9/7 95% Candidate selected - Need CC approval contract Long Range 1. Chaska Interceptor 6/1 9/1 90% Draft agreement review Agreement 2. Chaska Int. 7/1 12/1 20% Rural Density, MUSA Comp Plan policies research 3. Land Use Plan 3/1 12/1 50% Joint meeting held PC to meet in Sept. 4. East Shak. Trans Plan 1/1 3/1/94 25% On hold for land use decision 5. Zoning Ord. Update 6/1 10/19 50% ZORC 5 of 6 meetings held. Current Planning 1. Building Permits 8/1 9/1 Ongoing 53 Res. permits 3 Comm. permits 1 Ind. permits 2. Planning Reports 8/1 9/1 Ongoing 0 Variances 0 Appeals of CA 3 CUPs 2 Plats 1 PUD 0 Rezoning 1 Vacations 2 Minor Subs. 3. Enforcement 8/1 9/1 Ongoing 7 Complaints 7 Code Violations 5 Resolved Vio. 4. Process Improvements 8/1 9/1 100% Building permit form letters Management Information Systems (MIS) 1. Engineering Database 6/1 9/1 95% Fine Tuning 2. Special Assessment Software 4/1 11/1 80% Work out Problems / Final Training 3. LAN Schematics/Doc. 8/1 10/1 10% Update Old Information 4. PC Maintenance Tracking 8/15 9/1 10% Redo Old Forms ( S1IDOC'S\TF.RRIE\PROGRESS.AUG) 8/31193 Part II. MONTHLY PROGRESS REPORT PLANNING DEPARTMENT NARRATIVE At their regular meeting on August 5, 1993, the Shakopee Planning Commission recommended to the City Council the approval of the Final Development Plan for the Planned Unit Development, and the Preliminary Plat, for Westridge Bay Estates H, subject to 25 conditions. The proposed Planned Unit Development will contain 59 single family lots within the Rural Residential (R-1) and Shoreline (S) Zoning Districts. The Planning Commission also recommended approval of the Final Plat for The Meadows 9th Addition to the City Council, subject to 11 conditions. The proposed plat contains 66 residential lots, and is located within the Urban Residential (R-2) Zoning District. At this same meeting, the Planning Commission also recommended to the City Council the approval of a request from Jeffrey and Becky Boldt to vacate a 17 foot wide portion of the 10th Avenue right-of-way located south of their residence at 971 Miller Street. The City Council will hold the public hearing regarding this request at their meeting on August 17, 1993. The Planning Commission reopened the public hearing that had been continued from the July 8th meeting. This public hearing was regarding a request for a Conditional Use Permit for structures in excess of 35 feet within the Rural Residential (R-1) and Shoreline (S) Zoning Districts. Cooperative Power requested the permit to allow 65 foot high poles for an electrical transmission line. The Planning Commission denied the approval of permit. However, this decision has been appealed to the City Council, which will hold another public hearing regarding this request on September 7, 1993. At this same meeting, the Planning Commission also held the annual review for the Mineral Extraction and Land Rehabilitation Permit for the Shiely Co. and found the operation in compliance with the conditions of Permit No. 375, and its subsequent amendments, subject to the replacement of the missing portions of the fence on the north side of the site, the application of dust control measures when necessary, and that the applicant include a review of the accessory wash plant in its application for renewal of the permit in 1994. The Planning Commission also recommended approval of the 1994- 1998 Capital Improvement Program to the City Council. In addition, the Planning Commission received an update on the Chaska Interceptor, and discussed the future use of a Consent Agenda for their meetings. The Zoning Ordinance Committee continued to meet twice a month through the month of August. At their meeting on Tuesday, August 10, 1993,and continued their discussions regarding the draft residential district regulations and the proposed density requirements. They also began their review and discussion of the draft business district regulations. At their August 24, 1993,meeting, they completed this review and began their review and discussion of the proposed industrial regulations. Finance and Engineering await the solution to printing and data input problems in the special assessment software from Banyon Data Systems. Once these hugs are cleaned up, the final training can begin. Work is almost complete on the Engineering reports database. Individual and department expenditures by program number for any time period can be printed. Totals for State Aid work by position title can also be printed. Work is also beginning on the Computer Maintenance Tracking Form as a part of the ongoing computer inventory program. In addition,LAN schematics and documentation are being revised for the City Hall and Police Networks. Day to day troubleshooting continues for computers, printers, copiers, telephones, and software. 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CT rl H 1 Dr,X 1 0 4i00 •r1 1041 $4 IA 0 4.) 01 a) •r1 0 • b > 3 0 0 a) •r1 I I I W W U s-1 O 0 a) a ° 1; v . . • 4i � � 1,4 0 s 1 O a O 4i S-1 3 O ld 0000000b •r1 bWEa U a H H H H 0 H CD CD 14 4.3 4 rcl 0 0 0 0 ld a V r-1 a 4J 3 0 0 ae ae x x QW ' rn E m rt U) m En U) wx $4 O 0 a) :a x O 0 0 b bEa E 0 0 N rO 0 4 1d ,0 ,0 .0 H O 0 .[ H •r1 •rl 4 ld O R'i UUUUXUNErlPL4 U) h 0) 0 O r1 N r) a r•1 N M ar u) 10 l- c0 al r1 r1 r1 rl 4-3 ,r1 0 r1 a. s4 AC gl PI P:1oaUU a) a) a) mss~ 0 O 0 U TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting September 7 , 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of August 3 , 1993 Minutes 3 . 1994 Tax Levy Resolution No. 93-1 4 . Adopting a General Fund Budget for 1994 - Resolution No. 93-2 5 . Other Business a) b) 6 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDING OF THE HOUSING AND REDEVELOPMENT COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 3 , 1993 Chrmn. Beard called the meeting to order at 7 : 06 PM with Cncl . Vierling, Lynch, Sweeney and Mayor Laurent present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director; and Judith S. Cox, City Clerk. Vierling/Lynch moved to approve the July 6, 1993 Minutes . Motion carried unanimously. Chrmn. Beard adjourned the meeting at 7 : 07 PM. Dennis R. Kraft City Administrator Debra Zabel Recording Secretary * yLl TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1994 Tax Levy Resolution DATE: August 12 , 1993 Introduction and Background Attached is Resolution Number 93-1 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the same as last year which is $31,930. The amount cetified to the county this year is after reductions for HACA for a certified levy of $26, 616. Action Offer Resolution Number 93-1, A resolution requesting the Shakopee City Council to consent to the levy of a special tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and move its adoption. RESOLUTION NO. 93-1 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $31,930 less HACA state aid in the amount of $5,314 for a net levy to be certified of $26,616 payable 1994 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of , 1993. Chairman ATTEST: Executive Director Approved as to form City Attorney TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1994 Budget Adoption Resolution DATE: August 12, 1993 Introduction and Background Attached is Resolution Number 93-2 which adopts the Shakopee HRA General Fund budget for 1994. The HRA should discuss and make changes as they deem necessary. Action Reouested Offer Resolution Number 93-2, a resolution adopting a General Fund Budget for 1994 and move its adoption. RESOLUTION NO. 93-2 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1994 WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1994 with total appropriations in the amount of $64,870. Adopted in session of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this day of , 1993. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form City Attorney b 0 0 0 0 0 0 0 0 0 0 I N a) C' r1 0 0 0 CO C% 0 N- r` I at Q` O in M C 0 ' C% m ON U7 CO C+ 01 CT a Ul t!1 N N N N O' N .7 .-1 CO ra 0 N ri �7 s7 N Cl 10 NN 3.1 `. I N a V} V> 1 Vr 0 0 0 0 0 0 0 0 0 0 1N NU' 0 0 0 0 0 10 r r- 1 Vo 4.r c+1 'O 0 ch Cs 10 N. 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Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Dave Hutton, Public Works Director. Councilmembers added to the agenda: 13b) U of M internship; 13c) discussion regarding 1993 street reconstruction project and watermain on 4th Avenue; 13d) use of community room in City Hall; 13e) Murphy's Landing; 13f) rock crusher; and 13g) Dairy Queen billboard. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's Report. Councilmembers added the following items to the consent business: lli) Public Works Storage Yard Landscaping Screening; 111) 1993 Street Reconstruction; llm) Downtown Alley Project and 13b) U of M internship. Sweeney/Lynch moved to approve the consent business as modified. Motion carried unanimously. Sweeney/Lynch moved to approve the Minutes of August 3 , 1993 . (Motion carried under consent business. ) Mayor Laurent opened the public hearing for the Vacation of the Northerly 17 feet of 10th Avenue lying South of 971 Miller Street. Mr. Ekola gave a presentation on the request from Jeffrey and Becky Boldt to vacate 17 feet of 10th Avenue adjacent to their property. Mr. Steve Schmitz, 1005 Miller Street, asked whether he could not vacate the land on this property now, but if he would be able to come back to the City Council for a variance at a later date. Mr. Ekola stated that the specific request before the City Council was a vacation of the North 17 feet. Mr. Schmitz could petition the City to vacate the South 17 feet with Mr. Boldt or seek a variance. ' Mr. Jeffrey Boldt, 971 Miller Street, commented that he thought this vacation was the only option that he had, but was wondering if filing for a variance wouldn't have been a better choice. Official Proceedings of the August 17, 1993 Shakopee City Council Page -2- Mayor Laurent explained that for a variance one needs to demonstrate a hardship. Mayor Laurent closed the public hearing at 7: 15 PM. Sweeney/Vierling offered Resolution No. 3845, A Resolution Vacating the 17 Foot by 152 . 32 Foot Portion of the 100 Foot Wide 10th Avenue Right-of-Way Lying North of a Line 33 Feet North of the Centerline of 10th Avenue, and located Directly South of Lot 3 , Block 3, Scenic Heights 2nd Addition, while Reserving Drainage and Utility Easements within the Vacated Right-of-Way Area, and moved its adoption. Motion carried unanimously. Mr. Ekola gave a brief presentation on the appeal of a Planning Commission denial of a conditional use permit to allow some retail sales on heavy industrial property located at 4110 Valley Industrial Blvd. South. He commented that the Planning Commission denied this permit because the proposed use did not meet the intent of the zoning district. In response to a question on the previous use of the site, Ms. Marty commented that the Veterinary Clinic had a conditional use permit; however, the Tack Shop portion of it did not. Mayor Laurent opened the public hearing at 7 : 19 PM. Michelle Barel-Baker, appeared on behalf of Roger Walker, owner of MN Tack, and Doug Bell, commented that the heavy industrial district allows as a conditional use retail sale, but cannot exceed 15 percent of the floor area. She stated that Mr. Bell was planning to open a pawn shop which is not retail sale, but rather warehousing. Ms. Baker gave the Council definitions of pawn broking via various dictionaries. If the request was denied, she asked if they could have until September 15th to cease operations. Mayor Laurent closed the public hearing at 7: 34 PM. Vierling/Sweeney offered Appeal Resolution No. CC-662, A Resolution Denying Conditional Use Permit to B & B Sales and Service to Conduct Retail Sales within the Heavy Industrial (I-2) Zoning District, and moved its adoption. Cncl. Beard stated that he would be in favor of making the applicant remove his signs immediately. Motion carried unanimously. Vierling/Lynch moved to inform the applicant (B & B Sales and Service) that any retail use and all illegal signs must be removed by September 15, 1993 regarding this appeal request. August 17 , 1993 gu Official Proceedings of the AuAug -3- Shakopee City Council Vierling/Lynch moved to amend the motion to inform the applicant that any retail use is to end by September 15, 1993 and all illegal signs must be removed immediately regarding this appeal request. Motion carried unanimously. Mr. Ekola provided a clarification for Condition No. 4 of Resolution No. 3843 , regarding noise mitigation for the Meadows 9th Addition. Mayor Laurent questioned if the City would then be using tougher standards than the PCA. Staff responded that the PCA standards are recommended to be applied only. Cncl. Vierling stated that the City maybe held liable at a later date if the PCA noise standards are not met and therefore effect the tax payers. Paul Cherne, Pioneer Engineering representing Gold Nugget Development, commented that he would like to see three of the conditions modified. He stated that he did not feel that the PCA needed to issue a permit for the project; he commented on the triple-paned windows. Wayne Fleck, Gold Nugget Development, commented on the air conditioning and 2' x 6' construction. He asked Council to accept the FHA standards and not impose any more mitigation. Cncl. Sweeney stated that he would not like to rewrite the Planning Commission's recommendations and if that's what is being asked then to send it back to the Planning Commission to review. Mr. Cherne stated that they would reduce the decibels from 58 to 55, but that would be costly. Mr. Fleck commented that the highway department should put up the sound barrier walls since the highway is making the noise, not the houses. He stated that they could meet HUD standards. ndar s se Mr. Ekolastated Ekola that t omentedhey dthatmeet the PCA a doesd not approveand PCA lthe standlardrds. permits but rather they review and comment. Beard/Vierling offered Resolution No. 3843, A Resolution Approving the Final Plat for the Meadows 9th Addition with the changes in conditions 3 (developer shall submit verification that the MN Pollution Control Agency has reviewed and favorably commented) , 4 ('rephrase second sentence to read "Homes in the two tiers oflots adjacent to the TH 101 corridor will be constructed . . . ") and (after Hud approval then delete the first sentence until "reduce the noise") as discussed. Motion carried with Cncl. Sweeney and Lynch dissenting. Official Proceedings of the August 17, 1993 Shakopee City Council Page -4- Mr. Ekola commented on the changes needed to be made in the conditions for Westridge Bay Estates II, as presented to Council. Mr. Darrel Gonyea, Westridge Bay Company, commented that the variance being granted refers to the two islands and not the smaller parcel. He addressed the park dedication assessed value to determine fees because there was no sale or appraisal done. He requested a 40 percent park dedication credit for the PUD. He commented that of his lots the park dedication fee would be $8000 a lot. Mayor Laurent commented that he would like more information from Staff as to the park dedication fees and to see the appraisal. Mr. Ekola described the four formulas available for the calculating of park dedication fees. Ms. Marty commented that some cities have a set amount, however that does not always comply with Sate law and has been challenged at times. Mr. Ekola stated that park dedication credits are usually handled by the Council. Cncl . Vierling suggested that staff give the Council other situations like this to compare the park dedication credits when considering future PUD's. Vierling/Beard offered Resolution No 3844, A Resolution Approving the Final Development Plan for the Planned unit Development and the Preliminary Plat for Westridge Bay Estates II, including the amendments to the conditions as stated earlier, and moved its adoption. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a break at 9: 00 PM. Mayor Laurent reconvened the City Council meeting at 9: 16 PM. Sweeney/Lynch offered a motion to approve Resolution No. 3849, A Resolution Establishing a Policy for Accepting Gifts for City Parks, and moved its adoption. (Motion carried under consent business. ) Ms. Marty commented that the written policies to be provided to the City by Jerry's Bar had not been received. She stated that Council could either table until the next meeting to give her an opportunity to contact them or proceed with some sort of action. Sweeney/Vierling moved to amend Resolution No. 3842, to provide a suspension period of 30 days, and to strike: "This suspension of August 17 , 1993 Official Proceedings of the AuAuge t5- Shakopee City Council the license shall be held in abeyance for a period of one year, and on condition that (1) by August 16, 1993 , the owner of Jerry's Bar shall submit to the City Attorney a satisfactory written policy for use by bar employees, which provides guidance in complying with the State and Local Liquor Laws, and (2) there be no further violation of the liquor laws. " . Motion carried unanimously. Sweeney/Lynch moved to table the discussion of Resolution 3842 until the first meeting in September. Motion carried unanimously. Sweeney/Lynch moved to table applications from Springers on Main, Inc. for On Sale and Sunday Liquor Licenses at 911 East First Avenue. (Motion carried under consent business. ) Beard/Sweeney moved to removed the rescue boat replacement from the table. Motion carried unanimously. Chief Ries commented on the estimates he had received from Great American Marine and Defender Industries, Inc. He stated that the boat trailer is a special trailer for the flat-bottomed boat and there would be no municipality discount from Defender Industries, Inc. Sweeney/Lynch moved to accept the bid from Great American Marine of $8 , 244 for the rescue boat replacement. Motion carried unanimously. Cncl. Sweeney suggested Ms. Marty contacting Defenders Industries, Inc. and informing them that they cannot change their bid to an increased value after they have already submitted one option. Sweeney/Lynch moved to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 Police Officers for 1993-1994 . (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to execute the labor agreement between the City of Shakopee and the Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 Sergeants for 1993-1994 . (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to enter into the sewer construction and maintenance agreement with Shakopee Mdewakanton Sioux Community and City of Prior Lake. (Motion carried under consent business. ) Sweeney/Lynch offered a motion granting the developer of Market Place an additional 180 days in which to file the Final Plat with Official Proceedings of the August 17, 1993 Shakopee City Council Page -6- the Scott County Recorder's Office, and moved its approval. (Motion carried under consent business. ) Sweeney/Lynch moved to approve bills in the amount of $363, 120.53 . (Motion carried under consent business. ) Sweeney/Lynch moved to authorize staff to spend a maximum of $4500 for planting trees around the Public . Works storage yard, to be funded out of the 1993 supply Budget for the Street and Park Divisions. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the appropriate city officials to execute contracts/agreements for the State of Minnesota Cooperative Purchasing Agreement and for the night depository services of Marquette Bank Shakopee. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize the purchase of a used sewer televising camera from CUES, Inc. for a cost of $1000. 00 funded out of the Sanitary Sewer Fund. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize staff to install sidewalks on 8th Avenue between Atwood Street and Holmes Street to fill in any missing gaps in the existing sidewalks as part of the 1993 Street Reconstruction Project. (Motion carried under consent business. ) Sweeney/Lynch moved to authorize staff to solicit quotes for purposes of correcting the problem in the drainage channel at Brambilla's site utilizing the Storm Sewer Utility Fund and to construct the improvements for a maximum cost of $11, 000. 00. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3850, Authorizing the Execution and Delivery of a Joint Powers Agreement with the City of St. Louis Park, Minnesota, in Connection with the Issuance of Health Facility Revenue Bonds, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3846, A Resolution Apportioning Special Assessments for Parcel #27-148004-0 (Tract D of RLS-134) , and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3847, A Resolution Apportioning Special Assessments Among New Parcels Created As A Result of the Platting of Valley Park 11th Addition, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3848, A Resolution Ordering the Preparation of a Report on an Improvement to the Alley in Block Official Proceedings of the August 17, 1993 Shakopee City Council Page -7- 48 (Original Plat) , and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3840, A Resolution Accepting Bids on the Upper Valley Drainage Project, Phase II, and the Shakopee Bypass Drainage Facilities, Project No. 1993-3 , and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch moved to approve of a contingency in the amount of 5% of the contract for use by the City Engineer in authorizing change orders and quantity adjustments on this project. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3851, A Resolution Amending Resolution No. 3720, Adopting the 1993 Budget, and moved its adoption. (Motion carried under consent business. ) Mr. Kraft stated that Council would need to set a maximum levy and suggested that Council meet as Committee of the Whole on the 24th and then affirm actions on the regular meeting of September 7 . Mayor Laurent stated the meeting would be held August 25, 1993 at 5: 30 PM as the Committee of the Whole. Sweeney/Lynch moved to authorize the appropriate City officials to execute the contract with the University of Minnesota for the Planning internship for the 1993-1994 academic year. (Motion carried under consent business. ) Mr. Hutton stated that the issue of the watermain is very near to being resolved between the Utility Commission and Staff (4th Avenue Project) . He suggested Council meet with SPUC administration to discuss contract problems. Mayor Laurent suggested that Staff put together specific ideas and complaints and submit them to both sides. Cncl. Sweeney stated that he would be willing to be a liaison for the City with the Utility Commission. Mr. Kraft stated that he had gotten a request from a religious organization to hold services on Sunday mornings in the City Hall community room. He stated that he would be opposed to having any type of organization use the building on weekends. Mr. Stock commented on the difference between the Youth Building and other City buildings. Vierling/Lynch moved to direct staff to deny the request to use the community room at City Hall on Sundays for religious services and Official Proceedings of the August 17, 1993 Shakopee City Council Page -8- direct Mr. Kraft to inform the individual of the Council's decision. Motion carried unanimously. Mayor Laurent commented that if the City were to repair the lift station at Murphy's Landing it would be much cheaper to start repairs now then continuing to have it pumped at a cost of $100. 00 per day. Sweeney/Lynch moved to direct the City Engineer to do a feasibility study for repairing the lift station facility at Murphy's Landing. Motion carried unanimously. Mr. Hutton stated he could possibly have that done by the next regular meeting of September 7 . Cncl. Sweeney stated that the rock crusher at the Huber Park property has been running from 7 : 00 AM until 10: 00 PM and suggested looking into it. Mr. Hutton stated that he would talk to the contractor about moving that to an appropriate location. Cncl. Beard commented on the billboards located by the Dairy Queen and stated that they are in terrible condition. Ms. Marty stated that these are under review at this time. Mayor Laurent recessed the City Council meeting for an Executive Session at 10: 00 PM to discuss collective bargaining. Mayor Laurent reconvened the meeting at 10: 17 PM. No action was taken during the Executive Session. Mayor Laurent adjourned the City Council meeting to August 25th, after the Committee of the Whole meeting scheduled for 5: 30 PM. Meeting adjourned at 10: 17 PM. 11 411) 1kad • k pith S. Cox ' y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 25, 1993 Mayor Laurent called the meeting to order at 8 : 47 P.M. , after the meeting of the Committee of the Whole. Present. Councilmembers Vierling, Beard, Lynch, and Sweeney. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Ass't. City Administrator; Judith S. Cox, City Clerk; Gregg Voxland, Finance Officer; Tom Steininger, Chief of Police; Frank Ries, Fire Chief; Dave Hutton, Public Works Director; and Lindberg Ekola, City Planner. In order to take action on the 1994 budget at the earliest possible date with all Councilmembers present, Mayor Laurent adjourned the meeting to Thursday, September 2nd, at 8: 30 A.M. Meeting adjourned at 8 : 47 P.M. a.ott/titdc).0,k •d.th S. Cox it Clerk '.e•ording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 2 , 1993 Mayor Gary Laurent called the meeting to order at 8:40 A.M. with , Councilmembers Gloria Vierling, Mike Beard, Joan Lynch, and Robert Sweeney present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Sweeney/Lynch offered Resolution No. 3853 , A Resolution Setting Proposed Maximum 1993 Tax Levy, Collectible in 1994 , and moved its adoption. Motion carried unanimously. Mr. Kraft informed City Council that the repair of the sewage lift station pump at Murphy's Landing will take four to six weeks. He stated that a temporary repair could be made for $1, 175. 00. Lynch/Sweeney moved to authorize spending $1, 175. 00 to make temporary repairs to the sewage lift station pump at Murphy's Landing. Motion carried unanimously. Mayor Laurent adjourned the meeting at 8: 47 A.M. JAAolipa* • . th S. Cox y Clerk Recording Secretary / 0 _ SILL'S 'I'OOOI&T 2nd and Lewis Street • Shakopee, Minnesota 55379 -o,,0044 (612) 445-3735 //1-7.91 E71-rtAn-7-- HztO/ ler? / , 7-4 g-e77 772- 27;).(,& , C L.A.) 7.0-f- e4-( , 491 )( 12-et - 7-zAs__Qi_47,ee_ere . c_rcu,e9..e , • 6( e r.l-i c-r .r i-K(/^ cel e •I)J'ctnC C-FA r de, ( ler' i 4* 1 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Appeal of the Decision of the Planning Commission: Denial of Application for Conditional Use Permit for Structures in Excess of 35' in Height from Cooperative Power Association DATE: August 6, 1993 INTRODUCTION: Mr. William McGoldrick, Land Use Department Manager of Cooperative Power Association, is requesting a Conditional Use Permit to allow the construction of structures in excess of 35 feet in height in order to construct an overhead 115 kV electrical transmission line to connect a new substation to an existing 115 kV transmission line located 1/2 mile north of CR 42 (See Exhibits A and B) . Section 11 . 25, Subd. 3 , Conditional Uses within the Rural Residential (R-1) Zoning District, requires a Conditional Use Permit for structures in excess of 35 feet in height. BACKGROUND: At the July 8 , 1993 , meeting of the Shakopee Planning Commission, the Commission opened the public hearing regarding this request. After discussion, the Planning Commission continued the public hearing to the August 5, 1993 , meeting to allow the applicant to provide additional information to the affected property owners. At the public hearing on August 5, 1993 , the Planning Commission denied the application for the Conditional Use Permit. The applicant is appealing this decision to the Shakopee City Council. Cooperative Power Association is proposing to construct two miles of overhead 115 kV electrical transmission line to connect a new substation to an existing 115 kV transmission line located 1/2 mile north of CR 42 . Mr. William McGoldrick, Land Use Department Manager of Cooperative Power Association, has submitted an Application for a Conditional Use Permit for structures in excess of 35 feet in height. The poles for this transmission line will average 65 feet in height, and would be constructed using a single shaft steel pole of a natural rust color (See Exhibit C) . There would be no guy or anchors, and the poles would have an average spacing of 400 feet. According to Cooperative Power Association, continued growth in electrical usage in the northern part of Scott County has required Minnesota Valley Electric Cooperative (MVEC) to schedule the construction of a new distribution substation (named Eagle Creek) in 1994 . According to the applicant, the area northwest of Prior Lake and Spring Lake can no longer be supplied by long 12 . 5 kV feeder lines from existing substations to the south and east, as has been done when electrical usage was lower. 1 MVEC is proposing to construct the new Eagle Creek substation as northerly as possible next to the west line of the northwest quarter of Section 33 , Township 115 north, Range 22 west. They plan to lease the land for the substation on a long term basis from the Shakopee Mdewakanton Dakota Community. Construction on the substation is scheduled to begin in September of 1993 , with transmission work to begin later in the fall. This construction time table is very important to allow completion by June 1, 1994 . Many location options were reviewed prior to choosing the site for the proposed substation. During the review process, the following constraints were considered and contributed to the choice of the present location. A. Provide a site near Mystic Lake Casino; B. Site the substation near CR 83 and 82 intersection; C. Minimize the length of the transmission line; D. Eliminate any transmission lines on CR 83 due to future road construction plans. Any transmission lines built on this road would need to be rebuilt within a few years due to road construction. The CR 83 alignment alternative impacts more residential properties than the proposed alignment. Relocation of some residents may be required with the CR 83 alignment; E. Minimizes the impact of the transmission on land owners; F. Have compatible land use with adjacent land; and G. Ensure the site has proper access for vehicles and distribution feeder exits. The location process for the proposed substation involved the consideration of several sites. The process also involved discussions with Horst Graser of the City of Prior Lake Planning Department; Brad Larson of the Scott County Highway Department; Mike Morley and Gaylen Allen of The Wilds development; and Bill Rudnicki of the Mdewakanton Sioux Community. Through these discussions, those involved concluded that the chosen site would minimize the impact upon the environment and be most compatible with the land use of the surrounding area. Both the Planning Commission for the City of Shakopee and the Planning Commission for the City of Prior Lake have been involved in the approval process. In addition to the requirements of the City of Shakopee, the City of Prior Lake also required both a Conditional Use Permit for the Eagle Creek substation, as well as a Variance for the height of the poles for the transmission line. The City of Prior Lake approved these requests at a public hearing held on July 15, 1993 . DISCUSSION: Scott County Environmental Health has commented that there have been numerous conflicting studies on the health effects related to 2 high voltage electrical transmission lines. High voltage is classified as 200 kV or more. The proposed transmission line is 115kV. Staff contacted the Minnesota Department of Health Risk Assessment Unit to provide background information on this. Staff has attached to this report a publication from the Radiation and Indoor Air Radiation Studies Division of the United States Environmental Protection Agency which lists commonly asked questions and answers regarding EMFs. (See Exhibit D. ) This document provides the EPAs position regarding this controversial issue. Based on the thresholds established in the State's Environmental Quality Board, an Environmental Assessment Worksheet (EAW) is not required for this project. Section 4 . 35 of the City Code generally requires the underground placement of utility lines. Section 4 . 35 provides an exception to transmission lines which exceed 23 kV with prior approval by the City Council. The County Engineer has commented that the crossing of county road right-of-ways requires an approved Scott County Utility Permit, and that any access from county highways requires an approved Scott County Entrance Permit. The Minnesota Department of Natural Resources has provided the following comments on the construction of the transmission line: A. Mystic Lake (70-79W) is located along Scott County Highway 83 and Public Water Wetland 70-80P is located between sections 29 and 28 . Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross-section of Public Waters/Wetlands, is under the jurisdiction of the DNR and may require a DNR permit or license to cross public waters. B. Both Mystic Lake and public water 70-80P have shoreland classifications of Natural Environment. The shoreland district of each water body extends 1000 feet from the OHW of the water body. The placement of the transmission line must be consistent with City' s shoreland management regulations. In particular the City Council should note: 1. The vegetation and topography should be retained in a natural state in the shore impact zones. The minimum shore impact zone is an area within 75' of OHW. 2 . The structures in the development should be screened from view from the water bodies using topography, existing vegetation, and other means 3 approved by the city. Clearcutting of vegetation is prohibited in the shoreland district. C. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, need to be followed. At the July 8, 1993 , meeting of the Planning Commission, discussion on the proposed over-height structures, as well as the proposed substation and the proposed 115 kV transmission line, was held. Mr. Bill McGoldrick of Cooperative Power and Mr. Greg Turner, Assistant Engineer of Minnesota Valley Electric Cooperative in Jordan, were present at the meeting. At this meeting, a number of the affected residents informed staff and the Planning Commission that they knew very little about the proposal and requested additional information from the applicant. Mr. McGoldrick informed the Planning Commission that Cooperative Power Association's first step was to send all of the affected property owners a notice of the proposal. This notice contained the names and telephone numbers of two individuals to contact if the individual had wanted additional information. Some of the affected property owners also expressed concern regarding the loss of mature trees within the area and the location of the proposed easements within private yards. The Planning Commission felt that these individuals had legitimate concerns, and that these could be alleviated by providing more information. To provide additional time for this, the Planning Commission continued the public hearing to the August 5, 1993 , meeting of the Planning Commission. Mr. McGoldrick submitted additional information, as per the Planning Commission's request, for the August 5th meeting, including letters that were sent to the affected landowners, a copy of an areal photograph of the site, and a letter dated July 29, 1993 , which discussed recent visits with affected property owners (See Exhibit E) . At the August 5th public hearing, the Planning Commission denied the application for the Conditional Use Permit for the following reasons: 1. The height of the structures would be visually objectionable; 2 . The height of the structures would devalue the adjacent rural residential properties; and 3 . The transmission line would be located within the side or rear yards of rural residential properties. 4 Staff has asked Cooperative Power why the transmission line and easement were not shifted to the east of the section line as an alternative alignment . Cooperative Power responded that utilities such as electrical transmission lines most often straddle major land divisions such as section lines and generally utilize an equal share of land area from adjoining properties . Cooperative Power Association follows this practice in their alignment location process . If the power line were moved to the east of the section line only those property owners on the east would receive compensation. Property owners on the west side of the section line would have a power line essentially in the same location but without compensation. Based on the impacts created by other alternative alignments and the need for electrical power in the area, staff recommended approval of this conditional use permit to the Planning Commission. The requested conditional use permit is needed only because the poles are over-height . If the City Council were to approve the conditional use permit, the resolution would need to be amended. Attached in Exhibit F is additional information submitted by Minnesota Valley Electric Cooperative. ALTERNATIVES: 1 . Overturn the decision of the Planning Commission and approve Conditional Use Permit Appeal Resolution No. CC-664 to allow structures in excess of 35 feet in height . 2 . Uphold the decision of the Planning Commission and affirm the denial of Conditional Use Permit Resolution No. PC-664 , 3 . Table the decision to allow the applicant or staff to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 9, ACTION REQUESTED: Offer Appeal Resolution No. CC-664 , A Resolution Denying a Conditional Use Permit for Structures in Excess of 35 feet in Height within the Rural Residential (R-1) Zoning District, for the proposed 115 Thousand Volt (kV) Overhead Electrical Transmission Line, and move its adoption. 5 APPEAL RESOLUTION NO. CC-664 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A CONDITIONAL USE PERMIT FOR STRUCTURES IN EXCESS OF 35 FEET IN HEIGHT WITHIN THE RURAL RESIDENTIAL (R-1 ZONING DISTRICT, FOR THE PROPOSED 115 THOUSAND VOLT (kV) OVERHEAD ELECTRICAL TRANSMISSION LINE. WHEREAS, Cooperative Power Association and Minnesota Valley Electrical Cooperative, applicants have filed an application dated June 10, 1993 , for a Conditional Use Permit under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11. 04 , Subd. 6, to construct a 115 Thousand Volt (kV) Overhead Electrical Transmission Line Using Structures in Excess of 35 feet in height within the Rural Residential (R-1) Zoning District; and WHEREAS, this parcel is presently zoned R-1, Rural Residential, and SD, Shoreline District; and WHEREAS, the property upon which the request is being made is legally described as: Thirty-five (35) feet on the west side of the following described centerline: The point of beginning being the Northeast corner of the Southeast Quarter of Section 20, Township 115N, Range 22W, thence south along the east line of said Section 20 and continuing south along the east line of Section 29 to the southeast corner of said Section 29, Township 115N, Range 22W, and there terminating; and WHEREAS, notice was provided and on July 8, 1993 , and on August 5, 1993 , the Planning Commission conducted a public hearing regarding this application, 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 deny the application; and WHEREAS, a written appeal was filed with the City Administrator within seven days of the Planning Commission action; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, and the Planning Commission's action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 6 That the application for Conditional Use Permit Appeal Resolution No. CC-664 is hereby DENIED for the following reasons. 1. The height of the structures would be visually objectionable; 2 . The height of the structures would devalue the adjacent rural residential properties; and 3 . The transmission line would be located within the side or rear yards of rural residential properties. 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 7 E)CITIBIT A . __• . ii . __ _i -„--- -,,! ., r---1 ii 1 Lt.---r--. ----1- - —.......... ..........................4Nss,„,..... • i . 4. ' \N 1 tx, 1 I • . 1 . 0 • ! ; . 7! C.: i 1 • ... I 1 I • • ! 1 ElusT114 i, G 115 kV,..,,,,,Tv >-.-1 --- TA? SMISSI ' . I 12.:41,11:11112 itall.iff.i. 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Z 0 D IS ,...i.- - fling Mal::? _„„. • . _,== AWI6mw - - City of SHAKOPEE •_ • _• - EXHIBIT B THE ROUTE: Jointly, the co-ops have carefully studied the area, and have proposed a route having the least Impact on the least number of landowners. The entire line will be built on the section line as shown on the map. _-- r :rte" y T J°r� 1 �° _,, t tl�.. • ' i-/-/?_,C5 . N N S P Jr?, •••>.:,.;: �Ji. ::� •.:�: ::; :. 115 KV LINE:; �.� -. 2(...i. 1) /27' : ,�eZcrsan 42 { • 4.:••• , 78.77 .1: • jip: J :-.:::: :::::::: zn - 11._ . , - ... ,0_,Le..,eq.e, .. ••• :. p() )— 1 1 .9- .. . • PROPOSED ` ,;;;:''y. : 115 KV LIN' !.), " /IPP/Yl1Li1 .. U,.' -.l 11r. i. +, acres 170 �,• rc'.,r :• .` F •.3X.2. .1 . - . P,4 I ,/(r x z5 •44 K vim. 1 _ .•1" . •Lz�.z ` ,: �,; , i-:::::.: 7?hz' h • ::. �.;,.-r. :f :� ...;.. tan :�;.;::::: EXHIBIT C COOPERATIVE M Rf�1®a1 COOPERATIVE POWER/MINNESOTA VALLEY v c EAGLE CREEK 115 THOUSAND VOLT (kv) LINE 2 miles long THE NEED: Continued growth in electrical usage in the northern part of Scott County has required Minnesota Valley PROPOSED 115kV Electric Cooperative(MVEC) to schedule construction of a new TYPICAL STRUCTURE distribution substation(named Eagle Creek)In 1994.The specific area Iles northwest of the Prior Lake and Spring Lake bodies of water that In effect divide this portion of service s-o- �• APPROXIMATE territory from existing substations which Ile south and east of DIAMETER AT the lakes'area.This area can no longer be supplied by long poor TI+E TOP OF 12.5 kV feeder lines from the substations to the south and east, POLE IS 10- as has been done while the density of electrical usage was 8'-o- lower. THE PLAN: Minnesota Valley Electric Cooperative(MVEC) d'-o- plans to build the new Eagle Creek substation next to the west line of NW 1/4 Section 33,Township 115 N, Range 22W as 52-1 northerly as possible.They plan to lease the substation land on a long term basis from the Shakopee Mdewakanton Sioux Community. In order to supply bulk power to the new substation, Cooperative Power,the wholesale power supplier to MVEC, needs to build 2 miles of 115 kV transmission line connecting the new substation to an existing 115 kV transmission line 1/2 mile north of County Road 42. 4o.-o- THE LINE: The 115 kV transmission line will be built using single shaft steel pole,(Corten)which Is a natural rust color, with an average span of 400 feet.There will be no guy or APPROXIMATE anchors. DIAMETER AT THE SCHEDULE: The Planning and Zoning office of the cities of GROUNDLINE Prior Lake and Shakopee will be notifying all affected ,T Is3o- landowners of Conditional Use and Variance applications hearings.There are three public hearings necessary for the I "r��°o'�:'s'j/''�''�'' approval of the substation and transmission line.They are as 'r\\\':'%'r`' %t'r� / follows: io' e;``\\,/r 'r,/i�i ri rir,�, `�`�ri City of Prior Lake—Conditional Use for substation `r,`\r,```,,``,,`��`�,,``rr City of Prior Lake—Variance for transmission line City of Shakopee—Conditional Use for transmission line Single shaft steel pole After the necessary approvals by the Commissioners the co- Average Height of Poles ops will be calling on affected landownersTo acquire 65 feet easements to build the transmission line.Construction is planned for the spring of 1994 and In service the summer of 1994. If you have any questions regarding this project, please contact either: Bill McGoldrick Mel Hentges Cooperative Power Minnesota Valley Electric Cooperative 14615 Lone Oak Road 20425 Johnson Memorial Drive Eden Prairie, Minnesota 55344-2287 Jordan, Minnesota 55352 (812) 949-1534 Direct (612) 492-8240 Direct (612) 937-8599 (612) 492-2313 Cooperative Power(CP) Is a non-profit generation and transmission }, cooperative supplying power to 17 rural electric cooperatives in west-central and southern Minnesota. Minnesota Valley Electric Cooperative is one of these cooperatives. (OVER) EXHIBIT D Un"•d States Padiation And I��oor Air 402-R-92-009 Er nmental Protection Radiation Stud. division December 1992 Agency (6603J) \/EPA Questions And Answers About Electric And Magnetic Fields ( EMFs ) :..i'::...- - ` =r..._ ._ ..„... — _ '-:::.--t.:,--4-'--7-2:_77—_ v. • ems -� 1 t I - - — ----- _ tea. .,, r � - _'.`-yam` "t' J fi-- - .1-7:-,.. - - L$ $ • �/ a ''' - -- !..-4 "-.. --- •-..."-tlt:7"..: V..- __ ..P. --., _,-.nt.-_..----. "--.- -1_ i 11W. L3%‘1"‘ --'' --- _;.sus - _ ..ui 11 '' �.- t.` .7_- "7. . .. - ,_ ms's-"`-•` pL_`sem€s=_ • e -- - _ :�/ ...., - - mow` ---_ - } -ice _ - _`�" pj � m_ , ', - __ 'J�: lei'!. - �sE- '8.. _ .f � -` f ,-. -F-_ -'1?".ao- 6., _ .- zr•--'-'• = • jr,..-ef-r-- -..;.==-- ---_-_—!,L2:-:---..- :-'-7-- - ___. �` = = y -s_ Vi 1.— '� f. _ -73'., -`-•'--•i- -,-.:----='.. ''.:t_ _i7--jat;_.;-_- - ---__ ----_,-7_7_, - -=-_,._---=_ :jf .�-mss-�. - • ' J -...35.. - _ _ _ -- i -fs._�3y;rte _-_Y 2 - - _'- _ _tom a_="1-tia�� - - - _ - c "4. r. -_-_ L 'y F- 3.�,ri� � =rte•• - ?' ='tt _ . - {.. sal ;` StT ;rte d _s+" . •..•• s"'y � -- ram, .. • i i e.•:.:-.-4- -... art- 3- - . • - - y ,.-, ���a. i--;- ,, - -�Cacr�'.- 4-'� ..�- --'- - i" 5.- -�-,'' . 3 '�f + s QUESTIONS AND ANSWERS ABOUT ELECTRIC and MAGNETIC FIELDS (2fFs) i• INTRODUCTION 1• BACKGROUND I.1. What are EMFs" I.2. What are the sources of EMFs? I.3. Are EMFs like X-rays" 1.4. What can EMFs do to me? 1.5. How do I reduce my exposure? • 1.6. What is a gauss? 1.7. What is a safe level? I.B. Is it true that levels below 2 milligauss (mG) are safe? Is there a standard? I.9. What is a safe distance from a magnetic field source? I.10. Why isn't the federal government setting a standard for1F levels? Why have some states set standards? I.11. Are there natural sources of EMTs? Are they like the fields created by power lines? Can these cause health effects? II. MEASUREMENTS 11.1. Do I need to get EMF measurements" 11.2. What will EMF measurements tell me? 11.3. How do I get my house or school measured? 11.4. Does EPA recommend measurement contractors? 11.5. Can I trust the measurements made by the utility? 11.6. My neighbors had EMFs around their house measured. Is my house the same? 11.7. Can I make my own EMF measurements? 11.8. Where can I buy or rent a meter? 11.9. Does EPA recommend meters? 11.10. How much do meters cost? Which one is the simplest or best? 11.11. How can I get instructions on how to make these measurements" 11.12. How do I know how my readings compare to others" III.HEALTH 111.1. What can EMFs do to me? 111.2. What are cancer clusters? III.3. There are a lot of sick people in my neighborhood. There is [some source] here. Could that be the reason? 111.4. Who should we contact when we suspect a cluster? 1( III.S. I can percieve electric and magnetic fields, what can I do? III.6. I'm pregnant. Will EMFs (or specific source) hurt me or my baby? 1 III.7. The EPA report is just about cancer, but I've heard there are other effects. What are they? Why hasn't EPA looked into those effects? 1` IV. SCHOOLS 1- i December 199: • N.I. They've taken measurements in my child's school. I know what the measurements are, but what do they mean? 12 IV.2. The measurements were higher in some areas (playgrounds, classrooms, etc.). Shouldn't the kids be prevented from entering those areas? 13 IV.3. How do we get our school measured? 13 IV.4. I heard that a nearby school had its schoolyard measured. I know the values. Is my schoolyard the same? 13 IV.5. Our children use VDTs at school. Is that safe? 13 IV.6. Can't the computer be set up to minimize exposure? 13 IV.7. Can you tell me about low emission VDTs and screens that are supposed to block EMFs? We were thinking about buying that sort of equipment for our school if it works. 14 IV.8. Besides power lines, substations, and VDTs, what are other common sources of EMFs in schools? 14 V. TRANSFORMERS 14 V.1. What are transformers? 14 V.2. What is that metal electrical box on the corner of my lot 15 V.3. Do EMFs come from transformers? 15 V.4. Aren't there chemicals in the transformers? 15 V.5. Are transformers safe? 15 VL REAL ESTATE 15 VI.1. What are the regulations about EMFs that pertain to houses and real estate transactions? 15 VI.2. What do I tell people about the power lines behind my house? 15 VI.3. Should I buy/rent a house near a power line or substation? 15 VI.4. If I am buying a house, can I get the seller to test for EMFs? 16 VII. . MITIGATION 16 VII.1. How can I si5p the fields from coming into my house? Can't I shield them? 16 VII.2. I commute on the subway/train - are there fields there? Is it safe/ 16 VII.3. I've heard about "Prudent Avoidance." What is that? How can I apply it to my life? 16 VII.4. How can I avoid EMFs? 17 VII.5. What can be done to assure that new transmission/distribution lines have low fields? Can fields be completely eliminated? 17 VII.6. What can be done to reduce fields from existing transmission/distribution lines? Can fields be completely eliminated? 17 VII.7. What can be done to reduce or eliminate exposure in homes? 17 VIL8. What are utilities/manufacturers doing about reducing EMF exposure? 17 VIII. VDTs PLUS THE OFFICE ENVIRONMENT 17 VIII.!. I am concerned about EMFs and my VDT. What is the bottom line? 17 • VIII.2. What can you tell me about low emission VDTs and screens that are supposed to block EMFs' 18 ii December 1992 VIII.3. I read an ad that said this company's VDTs were safe and certified by EPA to have little/no EMFs. Is that true? 1 f V�•4- Who else can I talk to about different VDTs and claims about low fields and "safe" monitors? 1 f MILS. How do I contact the FDA, NIOSH, or OSHA? 1 f V1II.6. Are VDTs different than my television? lc VIII•7. How far should I sit from my VDT? What about from other people's VDTs? . . IS VIII.8. Why doesn't the U.S. have VDT standards like-Sweden? lc VIII.9. I've heard that laptops are safe. Is this true? lc VDI.10. Is there someone who can come to our office to measure EMFs7 1c VIII.11. What are other common sources of EMFs in the office? 2( • IX. RESEARCH 2( IX.1. Isn't all research being done by the utilities? 2( IX.2. Isn't that (utility) work biased? 2( IX.3. What research is underway now? 2( IX.4. Why isn't the federal government doing more research? 2( IX.5. Why is the federal government so slow in responding? 2( X. STANDARDS AND REGULATIONS 2( X.1. Can the federal government make the power company move/change the transmission/distribution lines? 21 X.2. Can the federal government stop the power company from putting in that new line or increasing the voltage? 21 X.3. What is a right-of-way (ROW)') 21 X.4. Measurements at the edge of the ROW are higher than state rules. What should I do to make the power company fix this? 21 X.5. Why have some states written or proposed standards for afFs? 21 X.6. Why hasn't the federal government regulated EMFs? 21 December 1992 i. INTRODUCTION The purpose of this document is to help EPA staff Certain basic ideas should be understood and better understand and respond to questions from transmitted when responding to the public. The the public about electric and magnetic fields, also first item on this list is a quote from the EPA known as ENIFs. Scientific understanding of the Science Advisory Board review of the EPA potential health risks from EMF exposure is in an document "Evaluation of the Potential early stage. Because the science is complicated Carcinogenicity of Electromagnetic Fields" and the health issue unresolved, it is critical that we carefully explain what we know and don't 1) "Some epidemiological evidence is suggestive of know and not give contradictory messages. We an association between surrogate measurements of want to provide information that is consistent and magnetic field exposure and certain cancer scientifically correct. outcomes. In such studies, the existence of confounders is always a possibility, but since no This document lists commonly asked questions and common confounder has yet been identified, the suggested answers by topical area. The questions existing evidence can not be dismissed. In the and answers are given in a somewhat casual style absence of much better exposure information and an to simulate a telephone conversation. Some of the understanding of which exposures are significant, no questions anticipate issues that will arise in the precise exposure-response relationship has yet been course of a conversation. The questions and adduced. This lack, together with limited answers were derived from the experience of EPA understanding of possible biological mechanisms, staff, both at Headquarters and in the Regions, prevents the inference of cancer causality from these who routinely field inquiries from the public on associations at this time." In other words, there is EMFs. We do not expect that the answers will be some evidence that points to a relationship between given verbatim. Answers must be tailored to E ffs and some types of cancer. Though the body respond to the specific questions and needs of the of evidence can not be dismissed, it is not complete caller. The reader may find that some of the enough to draw meaningful conclusions. answers seem repetitious. Repetition and reinforcement are here by design. The document 2) Other health effects have not been studied as is designed so that the user can start at any topic extensively as cancer so any possible relationship of interest to callers without always having to refer with EMF exposure is even more uncertain than the to background or related information in other cancer issue. sections. For example, some callers are only interested in video display terminals (VDTs) at 3) Although the public tends to focus on exposure work. Some are interested in schools, including from transmission lines, for most people exposure VDTs at schools. To meet both needs, some to magnetic fields comes more from sources such as questions and answers on VDTs are repeated. appliances and household wiring. Most questions about EMTs concern sources and uses of electricity, namely 60 Hz power. The 4) Research is being sponsored and conducted by questions and answers in this booklet focus on 60 both government organizations and the electrical Hz exposures rather than exposures from sources power and products industry. A combined transmitting higher frequencies. government and industry research effort is planned for 1993. 1 December 1992 I. BACKGROUND I.4. What can EfFs do to me? I.1. What are EMFs? There are many unanswered questions raised by the research done so far. There have been both positiv "EMFs" is a shorthand term for "electric and and negative studies. We are not sure if EMF magnetic fields" or "electromagnetic fields." exposure adversely affects human health. More Electric and magnetic fields may occur alone or in careful and extensive study of EMFs is needed. combination and are a form of non-ionizing radiation. Examples of non-ionizing radiation Since 1979, some studies of human populations, include microwaves, visible light, and some called epidemiology studies, suggest a potential ultraviolet radiation. The American electric power relationship between exposure to EMFs and certain system operates at 60 hertz (Hz). This means that cancers. Unfortunately, there are many the electric charges (current) flowing in the system uncertainties surrounding this information. For changes direction 60 times a second. Although example, most of the epidemiological studies have electric and magnetic fields from 60 Hz exposures very limited information on what types of exposure are not considered "radiation" for various technical were experienced by the people in the studies. The reasons, they are still called "non-ionizing observed increase in cancer was more pronounced radiation". for what are called "surrogates" or "indirect" estimates of EMF exposure than for electric and T.Z. What are the sources of EMTs? magnetic fields measured using meters. You may have heard about "wiring codes." Coding or Electric fields are produced by the presence of characterizing houses according to the types of electrical charges, and magnetic fields are nearby power lines has been one method to estimat produced by the movement of those charges. EMT exposure in these studies. This is a Electricity flowing in a wire or being used in an "surrogate" of exposure. appliance creates electric and magnetic fields. All power lines and electrical appliances that draw The fact that disease incidence is correlated with current have electric and magnetic fields around surrogate indexes for magnetic field exposure but them. not with direct measurements, could be explained i each of three ways or combination of these ways: a T.3. Are EMFs like X-rays? the fields were different in the past, during the ons: of disease; than those measured later during the No. X-rays, microwaves and other radio waves, study; b) the wrong component or attribute of the and the electric and magnetic fields from power fields was measured; andior c) some other crucial lines and and electrically powered appliances are factor may be present which is unknowingly part of all pan of the electromagnetic spectrum. But what is being defined by the surrogate measure of X-rays are a form of electromagnetic radiation exposure. That factor could be some feature of the with sigh levels of energy. This energy is EMF exposure or something else altogether, such a sufficient to dislodge electrons from atoms that the a chemical exposure or differences in lifestyle. x-ray strikes; a process called ionization which can result in cancer. EN1Fs, microwaves and other Some laboratory studies have shown that extremely similar types of electric and magnetic fields do not low frequency (ELF) electric and magnetic fields ionize atoms because of their lower energy levels. can affect various activities of cells. The laborator studies on biological effects also are uncertain. Fo: example, many of the positive results have only been found in one laboratory. Usually, before a 2 December 199 result is accepted as proof by scientists, it has been Because of the way appliances are made. they have seen by several different investigators. the potential to have very high localized fields, but then the fields decrease rapidly with distance. For Additionally, it is not clear whether some of the example, typical magnetic field strengths not near biological effects seen in laboratory studies of cells an appliance are 0.1 to 4 milligauss (mG), but the would be harmful effects if they also occurred in field from an electric can opener can be 20,000 mG people or whether they are minor changes that our at 3 centimeters (approximately 1 inch) from the bodies could adjust to. appliance. At 30 centimeters (approximately 1 foot), appliance fields are usually around 1000 times The bottom line is that there is no established lower. For the can opener mentioned above, the cause and effect relationship between EMF level would probably be around 20 milligauss. exposure and cancer or other disease. For this reason, we can't define a hazardous level of EMF When you stand under a power line, you are already exposure. at least 20 feet or more away from the line, depending on its height above ground. Under a — It is known that one type of magnetic field can typical 230 kilovolt transmission line the magnetic have beneficial health effects. One treatment used field is probably less than 120 milligauss. In by doctors to help heal broken bones that are not contrast, if you move about 100 feet away from the healing normally, is to expose the area for a few line, the magnetic field is probably about 15 minutes a day to a specific type of magnetic field. milligauss, and if you are_300 feet away from the This apparently affects the body's capability for line, the magnetic field is probably less than 2 healing bone. milligauss. I.5. How do I reduce my exposure? From these examples, we can see that distance from the source of the magnetic or electric field can While electric fields can be easily shielded, substantially reduce exposure. magnetic fields are much more difficult to shield. Electric fields are shielded to some degree by I.6. What is a gauss? almost everything such as trees, bushes, walls, and so forth. Magnetic fields can be reduced by The gauss is a unit for the strength of a magnetic enclosing the source in certain types of metal such field, also known as magnetic flux density. A as something called Mu metal which is a special related unit used internationally for magnetic flux alloy. The fields are still present, but the metal density is the tesla. One tesla is equal to 10,000 has the capability to contain them. This approach gauss. Magnetic flux density is measured in terms to reducing field levels is not practical for many of lines of force per unit area. Remember the sources, including power lines. (Some gadgets patterns that were generated by iron filings on a have recently appeared on the market, such as piece of paper which was placed over a magnet? buttons, pens, etc., claiming to shield one from These patterns are field lines. We normally speak fields; it is almost certain that these do not work.) of magnetic fields in terms of thousandths of a Magnetic field intensity can also be reduced by gauss or milligauss, abbreviated "mG." placing wires close together so that the field from one wire cancels the field from the other. This is I.7. What is a safe level? now being done in new designs for electric blankets. To some degree the same thing can be We don't know if EN F exposure is harmful (aside • done for power lines, but for safety and reliability from the concern for electric shocks and burns for reasons power lines have minimum required extreme exposure). We don't know if certain levels spacing. of EMFs are safer or less safe than other levels. 3 December 1992 With most chemicals, we assume exposure at magnetic field has usually dropped below 2 mG. Ir higher levels is worse than less exposure at lower the case of an electric can opener, the magnetic levels. This ma., or may not be true for EMFs field is probably below 2 mG approximately 3 feet also. More research is required to identify dose- away. response relationships. There is some evidence from laboratory studies that suggests that there may be "windows?'for effects. That means that I.10. Why isn't the federal government setting biological effects are observed at some frequencies standard for ASF levels? Why have som€ and intensities but not at others. Also, we do not states set standards? know if continuous exposure to a given field intensity causes a biological effect, or if repeatedly Several states have established standards for electric entering and exiting of the field causes effects. and/or magnetic fields at the edge of the right of There is no number to which we can point and say way for power lines, usually transmission lines. "That is a safe or hazardous level of EMF These standards either have been on the books for a exposure." while, and are based on older scientific information. or were set more recently to establish levels of I.B. Is it true that levels below 2 milligauss exposure that should not be exceeded. The (mG) are safe? Is there a standard? standards were intended to keep field levels from going any higher, because of the existing We do not yet know what if any magnetic field uncertainty about health risks. levels are safe or unsafe. The level of 2 mG is an arbitrary value used in some epidemiological I.11. Are there natural sources of E v Fs? Are studies to place people in broad exposure they like the fields created by power lines? categories. Some other level could have been Can these cause health effects? used. But, because no dose/response relationship has yet been determined for ENeiFs, we cannot Yes, there are natural sources. The earth has a establish a level which would be considered safe magnetic field that is approximately 500 milligauss. or unsafe. The earth's magnetic field is relatively constant, meaning that it does not change very much with As a result, neither the EPA nor any other federal time, unlike power lines. There are electromagnetic regulatory agency has established a standard for fields associated with thunderstorms. Lightning is a EMI's. source of EMI's. Some animals like sense natural electric and magnetic fields. Our bodies also I.9_ What is a safe distance from a magnetic produce electrical fields that make our nervous field source? systems and hearts work. These internal electric fields are fairly high. Since we do not know if EMF exposure is harmful, we don't know what intensity of field is Batteries and some electrical systems also have safe or unsafe. In turn, we cannot say what is a fields that do not change with time; these are called safe distance. A related question is, "At what static or DC fields. DC stands for direct current. distance is the strength of the field indiscernible In contrasts, fields from most electrical power from the background field levels?" It depends on systems and appliances vary in time and so are the source of the magnetic field and the what the called time-varying fields or AC fields. AC stands background field level is. Background magnetic for alternating current. Electric power systems in fields usually range from 0.1 to 4.0 illigauss the United States operate at 60 Hz which cycles 60 (mG). In the case of most high voltage power times per second. lines, at 300 feet from the center span, the 4 December 1992 II. MEASLRE'N NTS environmental and computer magazines. These firms will perform EMF measurements usually for H.1. Do I need to get EMF measurements? $200 - $300. Alternatively, you can buy your own meter for S75 and up.. These meters usually come That's up to you. EPA neither recommends nor with instructions. discourages people from obtaining field measurements. You may decide to have EMF 11.4. Does EPA recommend measurement measurements made if you want to satisfy personal contractors? questions, concerns, or curiosity about EMF exposures. No. EPA does not recommend or endorse private companies and contractors. EPA does not have a II.2. What will EMF' measurements tell me? proficiency program - like the one for radon testing firms - to measure the qualifications of contractors Magnetic and electric field measurements will not who conduct electric and magnetic field tell you whether or not your exposure is harmful measurements. Therefore, we cannot endorse or or puts you at an increased risk, but they may comment on the qualifications of any contractor. allow you to tell how your home compares to the The state of California is developing a list of firms "averag;" home. You should be aware that the making EMF measurements. But the state is not meters typically used for home measurements can recommending or certifying these films. To obtain only tell you "average field strength" in milligauss the list when it is completed, call (415) 540-2669 or units, at the time the measurements are performed. write to the Special Epidemiology Studies Program, Even these measurements will vary over time California Department of Health Services, 2151 based on many factors, such as which appliances Berkeley Way, Room 704, Berkeley, CA 94704. are being used. EMF laboratory studies show that biological effects may depend on one or more of II.5. Can I trust the measurements made by the many aspects of exposure like frequency, intensity, utility? orientation of the field, duration, transient or intermittent current, and voltage spikes. Scientists Yes. Utilities should have the expertise and proper still do not know what aspects of exposure, if any, equipment to make accurate measurements. There are important. We therefore have no way of is no reason to believe that the utility is trying to establishing either a safe or unsafe level. On the mislead you by providing you with false readings. basis of available scientific data, there is no way Since we do not understand very much about the of interpreting the health significance of EMF possible health effects of EMFs or what levels, if measurements. any, might be hazardous, there is no reason for the utility to give you false results. It is important to II.3. How do I get my house or school remember that readings will vary depending on measured? factors such as the time of day the measurements were taken. The differences in readings usually Depending on where you live, your local power reflect how much electricity is being used by the company may offer to conduct field measurements power system and other things, like what appliances around your home. Additionally, your state are being used. Health Department or State Department of Environmental Protection may also be able to H.6. My neighbors had EMFs around their provide you with field measurements or refer you house measured. Is my house the same? 'to consulting firms that conduct electric and magnetic field measurements. Consulting firms Probably not. Measurements in the house are often may also be found through advertisements in affected by many sources of magnetic fields 5 December 1992 including electrical appliances or power system magazines. Similar advertisements can also be components (transmission or distribution lines, found in scientific equipment journals, as well as transformers, or house wiring). Fields are even newsletters such as Microwave News, EMF Health produced by "ground currents" flowing in water and Safety Digest and journals such as pipes. Eivifs decreases quickly with distance from Spectrum. the source. A power line or other source close to your neighbor's house may generate a measurable Microwave News also maintains a directory of field there but levels at your house may be very companies which sell or rent magnetic field meters. different. We can send you a copy of that list, or you may obtain a copy of this directory by sending a letter EMFs can also be generated by many sources in requesting the "Gaussmeter Table" and a self- addition to power lines such as small appliances, addressed stamped envelope and $1.00 for shipping hot water heaters, auxiliary power generators, and and handling to: household wiring. Since the presence of various Microwave News kinds of appliances varies from house to house, so P.O. Box 1799 do EMF levels. Therefore, EMF levels in your Grand Central Station neighbor's house may be very different from those New York, NY 10163 in your own house. 11.9. Does EPA recommend meters? H.7. Can I make my own EMF measurements? EPA does not recommend any specific supplier, manufacturer, or type of measurement equipment. Yes, but be sure to Iearn how to make measurements properly. Before using any 11.10. How much do meters cost? Which one L instruments, you should educate yourself on the the simplest or best? use and degree of sensitivity, accuracy, and proper operation of the meter. This information can be Prices for meters range between $75 and $650. provided by the manufacturer. You could also Companies may rent meters for between $60 and follow recommendations from trade associations 5100 per week. Electric and magnetic fields are on how to measure fields. Table 1 includes some three dimensional. Each dimension is called an sources of measurement protocols. "axis" (the plural is "axes"). To properly measure a magnetic field all three axes of the field should be Most simple magnetic field meters only read measured-- horizontal (front), horizontal (side) and average field intensity, given in milligauss (mG). vertical. "Single-axis" meters measure only one Measurements can vary with time, space, and axis at a time and must be rotated until it is aligned power load on the electrical system. Some meters with the field. A three-axis meter can get an only measure magnetic fields. Some meters accurate measurement no matter how it is oriented measure both electric and magnetic fields. in the field, and they measure all three axes at the Remember, even if you or someone else makes the same time. Single-axis meters are generally the measurements properly, there is no basis for cheapest; while three-axis meters which display an judging the meaning of the data, relative to integrated measurement (all three axes) are more possible health effects. expensive. 11.8. Where can I buy or rent a meter? The less interpretation needed, the simpler an instrument is to use, and readings are less subject to Advertisements for companies that sell or rent error. Therefore, meters displaying an integrated meters can be found in environmental or computer measurement of all three axes together are the 6 December 1992 simplest to use. However, these meters tend to be TABLE 1 more expensive, and also have some additional SOURCES OF PROTOCOLS AND METHODS capabilities that may be hard to learn and require a TO MEASURE ELECTRIC ANS MAGNETIC computer. The single-axis meters are generally FIELDS the cheapest, but must be properly oriented. 11.11. How can I get instructions on how to Electric and Magnetic Fields: Measurements and make these measurements? Possible Effects on Human Health from Appliances, Power Lines, and Other Common There are protocols (intructions for standardized Sources. May be obtained from: measurement procedures) that can tell you how to Special Epidemiology Studies Program perform the measurements. Table 1 is a list of California Department of Health Services these protocols, and where they may be obtained. 2151 Berkeley Way, Room 704 Additional assistance may be available at Berkeley, CA 94704 universities with engineering or physics (415) 540-2669 departments. You may also wish to contact the manufacturer of the instrument for specific TFF,E Standard Procedures for Measurement of operating guidance. Power Frequency Electric and Magnetic Fields from AC Power Lines. Standard 644-1987. 11.12. How do I know how my readings compare to others? IEEE Measurements of Power Frequency Magnetic Fields Away from Power Lines. 90 SM Table 2 shows some typical magnetic field 423-4 PWRD. measurements near transmission lines. Your utility company can tell you whether the line you IEEE Guide for Measurement of DC Electric are measuring is a transmission or distribution Field Strength and Ion Related Quantities. line. It is important to remember that Report I.D.: SH13805. 1990. n1asurements may vary for a variety of reasons - like weather and operating conditions. Typical All TFFF protocols may be obtained from: residential exposures; away from any_appliances, The Engineering Societies Library rage from 0.1 mG to 4 mG. 345 E. 47th Street New York, NY 10017 This sort of information on typical values and (212) 705-7611 comparative exposures is also given in several publications such as those available from the IEC Measurement of Power Frequency Electric Bonneville Power Administration or in the Fields. International Electrotechnical brochure prepared by Carnegie Mellon University Commission (IEC), Document 833. 1987. entitled, Electric and Magnetic Fields from 60 May be obtained from: Hertz Electric Power: What do we know about American National Standards Institute possible health risks. 1430 Broadway New York, NY 10018 (212) 354-3300 7 December 1992 TABLE 2 MAGNETIC FIELDS NEAR ELECTRIC POWER TRANSMIISSION LINES Types of Transmission Maximum on Distance from lines Line Right-of-way 50' 100' 200' 300' _ 115 Kilovolts (kV) Magnetic Fields in milligauss (mG) Average usage 30 7 2 0.4 0.2 Peak usage 63 14 4 0.9 0.4 230 Kilovolts (kV) Average usage 58 20 7 1.8 0.8 Peak usage 118 40 15 3.6 1.6 500 Kilovolts (kV) Average usage 87 29 13 3.2 1.4 Peak usage 183 62 27 6.7 3.0 Information courtesy of Bonneville Power Administration. III.H H'4L,TH are many uncertainties surrounding this information. For example, most of the epidemiological studies 111.1. What can E\iFs do to me? have very limited information on what types of exposure were experienced by the people in the There are many unanswered questions raised by studies. The observed increase in cancer was more the research done so far. There have been both strongly associated with what are called positive and negative studies. We are not sure if "surrogates" or "indirect" estimates of EMF EMF exposure adversely affects human health. exposure than for electric and magnetic fields More extensive study of EMFs is needed. measured using meters. You may have heard about "wiring codes." Coding or characterizing houses Since 1979, some studies of human populations, according to the types of nearby power lines has • called epidemiology studies, suggest a potential been one method to estimate EMF exposure in these relationship between surrogates for exposure to studies. This is a "surrogate" of exposure. EMFs and certain cancers. Unfortunately, there 8 December 199: The fact that disease incidence is correlated with III.2. What are cancer clusters? surrogate indexes for magnetic field exposure but not with direct measurements, could be explained The amount of disease (measured by either rates or in each of three ways or combination of these number of cases) in any population or community ways: a) the fields in the past. during the onset of naturally fluctuates somewhat over time. If you disease, were different than those measured later look at enough populations or if you look at one during the study; b) the wrong component or population for a long period of time, you would attribute of the fields was measured; and/or c) expect to see an unusually large (or small) amount some other crucial factor may be present which is of disease once in a while. If the makeup of the unknowingly part of what is being defined by the community changes, the amount and type of disease surrogate measure of exposure. That factor could also changes. For example, a community with be some feature of the EAT exposure or mostly older people will have more cases of chronic something else altogether, such as a chemical diseases such as cancer or heart disease. Yet exposure or differences in lifestyle. sometimes the amount of disease, usually a specific disease, varies more than might be expected for a Also, some laboratory studies have shown that given community. This unusual variation is called a extremely low frequency (ELF) electric and "cluster." magnetic fields can affect various activities of cells. The laboratory studies on biological effects It is often difficult to evaluate clusters. First. it also are uncertain. For example, many of the must be determined with statistical methods whether positive results have only been found in one a truly unusual change has occurred or whether this laboratory. Usually, before a result is accepted by is only normal fluctuation. Second, the cause of the scientists-as proof, it has been seen by several change or cluster must be determined. This is the different investigators. Additionally, it is not clear hard part, especially for chronic diseases. Cancer, whether some of the biological effects seen in like most diseases, has multiple causes; that is, no laboratory cellular studies would be harmful single reason can explain why one person gets effects if they also occurred in people or whether cancer and another does not. It may be relatively they are minor changes that our bodies could simple to determine the cause of food poisoning adjust to. hepatitis. or influenza clusters. But usually impossible to clearly determine the cause of a The bottom line is that there is no established cancer cluster. Suspected E'v1F cancer clusters are cause and effect relationship between ENiF even more problematic because of the uncertainty of exposure and cancer or other disease. For this EMF and cancer connections. reason, we can't define a hazardous level of EMF exposure. III.3. There are a lot of sick people in my neighborhood. There is [some source] On the other hand, it is known that one type of here. Could that be the reason? magnetic field can have beneficial health effects. One treatment used by doctors to help heal broken The following additional questions will often come bones that are not healing normally, is to expose up in this sort of a health discussion: the area for a few minutes a day to a specific type of magnetic field. This apparently affects the Can we get it measured? body's capability for healing bone. Can you do a study here? Why hasn't somebody done something? What are the standards? What effects are associated with E'gg's? Do EMFs cause this disease or symptoms? 9 December 1992 It is important to realize that what seems to be an available to indicate the qualifications of these unusual excess may not necessarily be a greater people. than normal variation in the expected incidence of health problems. Especially in small communities Another problem associated with getting where people are familiar with many of the other measurements is that there really is little advice tha people in the area, one becomes aware of the can be given when the results are in. The standard many problems that do occur normally. If one in effect are associated with very high field levels. particular kind of disease or health effect occurs so you can be reasonably certain that you won't be many times in a community, the odds that some measuring anything near this range. agent is a cause of the disease increases. , However, when the kinds of problems or diseases 111.4. Who should we contact when we suspect vary it becomes less likely that one particular cluster? agent is at work. Trying to weed out the health cases that are not common to a particular agent, in The first responder to calls of suspected clusters is order to actually "see" the cluster, is an important the local health department and then state health part of the epidemiologist's job. This becomes agencies. When the state lacks a specific capabilin very important and at the same time very difficult the state may request assistance from EPA or from for an agent whose health effects are not well the Centers for Disease Control (CDC). EPA has known and whose effects might vary from person provided EMF measurement assistance several time to person. over the past few years. CDC investigates health problems and disease outbreaks. E ifs are particularly difficult for epidemiologists. The problems that have been attributed by some If you suspect that there are too many cases of a people to EvfFs include several different kinds of particular disease in your community or if you cancer, birth defects, behavioral changes, slowed suspect that the health of people within your reflexes, and spontaneous abortions. Therefore, community is simply not what it should be, contact the process of deciding which health problems in a • your county health agency. They should have community belong to the "cluster" becomes statistics for the local areas and would be able to exceedingly difficult. So...the answer to the discuss local issues. If they determine that a question, "Can that source be the cause of my problem exists and do not have the capability to problems?", is "maybe-maybe not". The source respond properly, they will in turn request might be the problem but trying to show that it is assistance from the state authorities. While can be very difficult if not just impossible. The investigations of clusters and determinations of health officials have to be good detectives as well clusters are very difficult, the suspected cluster as competent health professionals. Because of the should always be reported. Often, a closely knit difficulties, expense and uncertain results, unless community will be aware of health concerns before the conditions are right, there is usually not much an agency will. At other times, the agencies that value in conducting an epidemiological study. maintain health registries will note statistical increases and initiate an investigation. One way to get measurements taken is to request that the utilities (in the case of power lines), or the It is difficult to determine the possible causes of owner of whatever source is of concern, perform clusters. People are exposed to many things in thei the measurements. So far most health agencies do environment. And people have differing lifestyles. not have the staff, expertise or equipment to Any one agents might be responsible or many provide that service. Private measuring businesses agents might all be working together to produce are being established to fill this demand but at this some combined effect which is more significant than time there is no licensing or quality assurance simply the sum of their individual effects. 10 December 199= ILLS. I can percieve electric and magnetic I work at a VDT all day Iong. Is that safe? fields, what can I do? We just moved into a home near power lines. Will that hurt myunborn child? The following questions will often come up in this I just lost a baby. Could it be because of my sort of a discussion. electric blanket (power lines, etc.)? Why is this? There are several issues to consider with respect to Where is it coming from? concerns about pregnancy and EMF exposure: Are there other people like me? What can I do? 1. Are EMFs harmful? There is insufficient My doctor can't help. Where else do I go? scientific evidence to establish whether Where do I find information? y 2'ffs are harmful. The EPA recently Can you do something? ...make it stop? reviewed the scientific literature with respect I know its from (source). Can you to any potential cancer effect and concluded make them stop? that although some epidemiological studies have shown an association between cancer Generally, humans appear unable to sense or and surrogates of EAT exposure, cause and detect low levels of Ems. Some animals have effect relationships have not been developed this capability and use it for detecting established. Laboratory studies have and capturing prey and possibly for navigating. demonstrated that biological changes within Yet, since these abilities evolved in some animals, cell and tissue cultures can be induced by it is possible that biological systems have at least a ElviFs, but these changes have not been very rudimentary ability to respond to such fields linked to human health effects. EPA has not and some people may be more sensitive than formally assessed potential reproductive and others. Additionally, there are "large" effects that developmental effects. These effects have can be detected, such as static charges making the not been studied as extensively as cancer. fine hairs on the body stand up, dental work acting The few epidemiological studies concerning as radio receivers, induced body currents which reproductive effects have been inconclusive. might be felt (if large enough) and possibly effects which we have not yet documented. Some people 2. I have heard children are more sensitive? report that they can "sense low-level EMFs. We have no evidence that children are however, this subject has not been studied very especially sensitive. Some of the first much. _ studies concerned cancer and children, and received a great deal of attention. But there We don't have much advice for people who say have also been some occupational studies they are sensitive to electric or magnetic fields. dealing with adults that also found some While grounding of sources might alleviate large correlations with potential exposure to static charges and dental work might reduce the EMFs. radio effects, too little is known about the actual field-body interaction to suggest anything further 3. Are pregnant women and unborn children in terms of mitigation. more sensitive? We do not have enough evidence to answer that question. There 111.6. I'm pregnant. Will FTEs (or specific have been reports about clusters of source) hurt me or my baby? miscarriage and birth defects among VDT users or from electric blanket exposures. This following additional questions will often come Some studies have been negative, and some up in this sort of health discussion. have been positive. This question has not be 11 December 1992 studied as extensively as cancer, and so ions across cell membranes and other "biological" may be viewed as even more uncertain. responses. 4. How can exposures from VDTs and other Also, birth defects, miscarriages, low birth weight, devices be reduced? loss of memory, and slowed reflex responses are health effects sometimes attributed to E' s, but a) By sitting at arms length from a there is not broad scientific support for such terminal or pulling the keyboard back still assertions. Cancer is the most extensively studied further; magnetic fields fall off rapidly with health effect, yet no cause and effect relationship distance. has been established between EMP exposure and cancer, and no hazardous effect level can be b) By switching VDTs off (not the defined. The potential for other health effect shoulh computer necessarily) when not in use. be viewed as even more uncertain. EPA has prepared a report describing the research needed to c) By spacing and locating terminals in the reduce the uncertainties in a health risk assessment workplace, so that work stations are of EMF. These research needs address cancer, isolated from the fields from neighboring reproduction, development, the central nervous VDTs. Fields will penetrate partition system, and the immune system as well as walls, but do fall quickly with distance. biophysical mechanisms, exposure assessment, and control technology. d) By using electric blankets (or water bed heaters) to warm beds but unplugging them IV. SCHOOLS before sleeping. Magnetic fields disappear when the electric current is switched off. IV.1. They've taken measurements in my child': However, electric fields may exist as long school. I know what the measurements as a blanket is plugged in. are, but what do they mean? e) By not standing close to sources of The measurements were probably made with a EMFs such as microwave ovens while in Gaussmeter which is used to measure magnetic use. Standards are in place to limit fields. If so, the measurements represent the microwave emissions, however, the electric intensity of the magnetic fields in that location. power consumption by a microwave oven Magnetic fields are produced by any source that results in magnetic fields that are high close uses electricity, including components of the electric to the unit. The same is true of other power system (power transmission or distribution appliances as well. lines, transformers, or building wiring) and electrical and electronic devices. Magnetic fields III.7. The EPA report is just about cancer, but are even produced by "ground currents" flowing in I've heard there are other effects. What water pipes. The intensity of the magnetic field . are they? Why hasn't EPA looked into depends on the amount of electric current flowing those effects? through the electrical system or device. Various bioeffects have been attributed to EMFs. While the possibility of a public health concern has These include behavioral changes in lab animals, been raised in some epidemiological studies, we do altered circadian rhythms (daily metabolic and not yet have enough information to say whether behavioral cycles), altered levels of melatonin EMFs pose a health risk or not. These same studies production (a hormone thought to play a role in helped us to understand that we need to learn more cancer inhibition), altered movement of certain about what aspect of EMF exposure may be most 12 December 199: relevant. For example, scientists do not know IV.4. I heard that a nearby school had its whether we should be concerned with the strength schoolyard measured. I know the values. of the field, the rate of change in the field Is my schoolyard the same? strength, the elecu:c current induced in the body, or other variables or exposures completely No, each schoolyard's magnetic field levels must be unrelated to electric and magnetic fields. This measured or calculated separately. An EMF makes interpretation of field measurements very measurement represents the intensity of electric or difficult. Although not completely satisfactory, magnetic fields. The intensity of the fields your measurement results can, however, be decreases with distance from a source. Depending compared to others to see if yours are typical or on where your schoolyard is located with respect to not. It must be remembered that no safe or unsafe the power system, the field levels can vary. In Ievels have been determined. addition, EMF levels are dependent upon the amount of current flowing through the electric IV.2. The measurements were higher in some power system. Field levels can also vary with time areas (playgrounds, classrooms, etc.). and weather conditions as a result of differences in Shouldn't the kids be prevented from electricity use for things such as air conditioners. entering those areas? IV.5. Our children use VDTs at school. Is that We cannot provide such advice, because we do not safe? yet fully understand the risks, if any, of exposure to electric and magnetic fields. We have very VDTs, like other electrical appliances, generate little information on what scientists call "dose- electric and magnetic fields. VDTs have been a response," that is, how much of a given exposure source of great concern not so much because the is how harmful, if at all. fields around them are greater than other sources, but because many of us spend so much of our time IV.3. How do we get our school measured? so close to them. VDTs also represent a relatively new and growing technology. Some 1lbur school officials may call your local electric epidemiological studies suggest no health risks from utility or health department. Many power EMF exposures from VDTs, while some studies companies offer free electric and magnetic field suggest a potential risk. Thus the health risks testing. They may even have an office or associated with VDTs are inconclusive. individual who will assist the public with EMF questions. If not, your utility may know of private IV.6. Can't the computer be set up to minimise firms in your area who make such measurements exposure? or the phone directory may list environmental consultants who make EMF measurements. You Yes, fields from VDTs can be reduced by may also be able to find someone who advertises reorganizing the workplace or changing how VDTs in EMF trade publications such as Microwave are used: News, EMF Health and Safety Digest, or in computer magazines. Magnetic field meters can Work stations can be arranged so that an operator be leased or purchased; many of the meters aren't sits at least an arm's length from the monitor. Most too expensive or hard to use. Most of the people sit that far away anyway. At that distance, manufacturers provide instructions that should be the fields produced by the monitor are usually less carefully followed in order to assure accurate than background levels of EMFs from lights and results. EPA does not keep a list nor recommend building wiring. or certify private contractors who make measurements. 13 December 1992 The same practice could be applied to how close IV.8. Besides power lines, substations, and you are to machines operated by other people. VDTs, what are other common sources of Field levels are sometimes highest at the sides and EV1Fs in schools? back of a VDT. The field strength decreases rapidly with distance from the terminal. Levels at, All electrical and electronic products are to varying say, two feet have dropped substantially. degrees sources of electric and magnetic fields. Therefore, it is possible to organize VDT These products are found at home, at work, and at equipment to reduce exposure from a neighboring school. Copy machines, cordless telephones, VDT. fluorescent lights, electric typewriters, word processors, printers, fax machines, coffee makers. IV.7. Can you tell me about low emission vending machines, microwave ovens, and building VDTs and screens that are supposed to wiring are some of the typical sources of electric block EMTs? We were thinking about and magnetic fields. Schools may have some buying that sort of equipment for our additional devices or tools in laboratories or school if it works. industrial arts workshops. In general, all electrical appliances and wiring can be considered to be Computer manufacturers are beginning to design sources of EMFs. and produce computers that emit lower electric and magnetic fields. Several computer magazines have V. TRANSFORMERS recently reported measured fields around various models of VDTs (for example, MacWorld V.1. 'What are transformers? December 1990 and Info World November 1990). But it would be wise to verify any "low emission" Transformers are electrical devices used to adjust claims by a manufacturer with measurements made the voltage-current relationship of an electrical by such independent sources. power circuit for best efficiency during transmission, distribution, and use. Utility There might be some tradeoffs between low companies use a variety of transformers throughout emission VDTs and other VDTs for cost, their systems. Step-up transformers are used at the availability, and machine capabilities. It is best to power generating station to raise the voltage so the contact manufacturers for derails on their products. power can be economically delivered over transmission lines. Step-down transformers are One way manufacturers reduce magnetic fields in used to reduce the transmission line voltage for computers is to place a metal called "mu metal" distribution of electrical power to our homes. around the coils that produce the fields. The . fields are still present, but the metal has the Transmission and distribution substations, located capability to contain them. where a main line has to feed a number of lower- voltage lines, are fenced yards containing Laptop computers are different. The display transformers and other electrical equipment. screens on laptop computers do not use the Overhead (pole-mounted) transformers are used cathode ray tube technology that emits EMFs from where distribution lines are overhead, and surface VDTs. However, the battery packs and chargers (pad-mounted) transformers are used where that laptops use sometimes produce fields around distribution lines are underground. Frequently in them like any electrical device. urban situations the substations (or equivalent) are located within buildings. Screens that are placed on the front of the monitor help block glare and may reduce electric fields, but they do not shield against magnetic fields. 14 December 199: V.2. What is that metal electrical box on the cause electrical shocks or burns, if touched. But corner of my lot. pad-mounted transformers are required to meet local ordin nce requirements for ty so are If the electric distribution lines in your insulated to protect against electrical shock azards. neighborhood are underground, the boxes you see Nevertheless, transformers should not be treated as in your neighborhood are probably surface (pad- toys or playground equipment. Children should be mounted) transformers. Each transformer discouraged from playing on or near pad-mounted provides electrical service to several different transformers or climbing trees near pole-mounted residences (typically four to eight) in your transformers. Your power company can provide neighborhood. you with further information on safety practices V.3-. Do EMTs come from transformers? they,follow for transformers. • VI. REAL ESTATE There are electric and magnetic fields near the transformer and the lines that connect to them. VI.1. What are the regulations about EMI's thai This is because there is electricity running through pertain to houses and real estate the boxes. But, the fields tend to drop off very transactions? quickly as you move away from the transformers. Pad-mounted transformers can produce elevated At the present time there are no federal regulations magnetic fields close to their surface which are or guidelines about power-frequency EMI's. There generally comparable to Ievels from other devices are presently no state or federal regulations about that use electric motors such as air conditioner EMFs and real estate transactions. compressor units. VI.2. What do I tell people about the power V.4. Aren't there chemicals in the lines behind my house? transformers? There are no federal requirements that obligate you Some older transformers contain an insulating fluid to inform buyers about power lines or EMF levels called polychlorinated biphenyls (PCBs) that are in your house. In spite of the uncertainty about harmful to humans and the environment. But, whether EMFs are hazardous, some state and local PCBs have not been used in new transformers governments may set limits on ELF levels or since the 1970's, and their use is being phased out may set some requirements, such as notification in accordance with EPA regulations. You could about ETIF levels, for real estate transactions. consult your local electric company about Check with your state or municipality about local transformers and PCBs. rules and regulations on Elms. V.5. Are transformers safe? VI.3. Should I buy/rent a house near a power line or substation? 0 Transformers produce electric and magnetic fields. The fields from transformers are localized and The evidence on IMF effects is not clear enough to decrease rapidly with distance. These fields are determine whether or not locating near a power line no different than fields from other sources. We or a substation presents any health problem. But we do not know whether various levels of exposure to do know that field levels decrease as distance from EiFs are harmful or not. a source increases. With high voltage transmission lines, the field intensity drops off after a few The high voltage equipment inside the box hundred feet to "background" levels. There are covering a pad-mounted or surface transformer can charts in many brochures that show field levels at 15 December 1992 various distances for several kinds of power lines. decelerating. Studies are underway to try to define Occupants of the average household are probably exposures, and to determine whether or not exposed to higher fields from their house wiring exposure to electric and magnetic fields from and appliances th i from the outside wiring. transportation systems, results in health effects. Being close to power lines or substations could VII.3. I've heard about "Prudent Avoidance." affect a property's value simply for aesthetic What is that? How can I apply it to my reasons; some people might find that situation to life? be a nuisance or unattractive. This issue may be only one of many factors to weigh and judge when Prudent avoidance is an approach to making making real estate decisions. decisions about risks. This decision-making process is based on judgment and values, can be applied by . VI.4. If I am buying a house, can I get the groups and individuals, and can be considered for seller to test for ENffs? all aspects of our lives, not just EMFs. Prudent avoidance applied to EMFs suggests adopting If you are considering buying a house and would measures to avoid EMF exposures when it is like EMF measurements made, any agreement reasonable, practical, relatively inexpensive and about who pays for them would be between the simple to do. This position or course of action can buyer and the seller. In many areas, the utility be taken even if the risks are uncertain and even company will make tests upon request at no safety issues are unresolved. Prudent avoidance charge. decisions about all sorts of risks are made by peopie every day. For example, we decide whether it is VII. MITIGATION within our ability and desire to avoid possible hazards from activities such as driving automobiles. VII.1. How can I stop the fields from coming sun tanning, and participation in sports. Individuals into my house? Can't I shield them? make their own decisions based on their lifestyle, their concerns about risks, and their willingness to There is no simple way to block EMPs since the assume some cost or burden for a given action. fields are generated by the electrical system and U.S. EPA has no official policy on prudent devices in the home including the wiring and avoidance of EMF exposure. Until the health issues appliances. Electric fields from outside the home are clearer, it is entirely up to individuals to decide (power lines, etc.) are shielded to some extent by if they wish to take actions which may or may not natural and building materials, but magnetic fields reduce any potential health risks. arc not. The further a building is from an ENIF source, the weaker the fields at the building would The idea of appiy:..z the concept of prudent be. Keeping fields out of the home would mean avoidance to EMF exposures was developed in a keeping any electricity from coming into or being report written by Carnegie Mellon University, for used in the home. Often the fields from sources the Office of Technology Assessment, titled inside the home (e.g., appliances, wiring, etc.) "Biological effects of Power Frequency Electric and will result in higher fields than from sources Magnetic Fields: Background Paper". Some outside the home. examples of prudent avoidance from that report are: (1) "... put away their electric blanket (or VII.2. I commute on the subway/train - are electrically heated water bed) and go back to using there fields there? Is it safe? regular blankets.;" (2) "... a motor driven electric clock ... may produce a fairly strong magnetic field Electrically-powered trains do produce electric and by your head ... you could move it ... or replace it magnetic fields, especially when accelerating and with one of the newer digital clocks ..." 16 December 199: VII.4. How can I avoid EMI's? being studied. especially by the utility industry. Controlling exposures and field levels is termed a Fs are produced by all electrical devices and mitigation, field management, or control technology electronic devices power lines, microwave ovens. engineering. home wiring, appliances, light fixtures, VDTs, etc. It would be impossible to avoid EMfFs VII.7. What can be done to reduce or eliminate completely, but field levels get lower the farther exposure in homes? you are away from sources. Electric and magnetic fields cannot be completely VH.5. What can be done to assure that new eliminated, if we want to have electricity and transmission/distribution lines have low electrical appliances and other devices. As long as fields? Can fields be completely electrical devices are used, EIvtFs will be produced. eliminated? Consultation with builders, architects or engineers might help identify some building practices that You should direct questions of concern to the should reduce EMF exposure. utility in question and to your state commissions that regulate placement (siting) of the lines. They VII.8. What are utilities/manufacturers doing should >;e able to provide information as to the about reducing EMF exposure? calculated field strength of the proposed lines. State officials can provide you with information on Questions concerning reduction of electromagnetic any EMF regulations that might be in effect for fields can be addressed directly by the utility or your state. appliance manufacturers. The industry, primarily through the Electric Power Research Institute All electrical devices produce EMF. There are (EPRI), is conducting research and development on designs that can reduce electric and magnetic field field management techniques. Government agencies levels. However, the effectiveness and cost of and other countries are also working on field these measures varies with the type of application management techniques. (e.g., appliances, transmission lines, etc.). Fields cannot be eliminated, but rapidly decrease with VIII. VDTs PLUS 1-Hf, OFFICE distance. Research is underway on additional ENVIRONMENT designs to reduce electric and magnetic field levels. Research on the configuration of VIII.1. I am concerned about EM:Fs and my transmission lines may allow reduction in field VDT. What is the bottom line? strength when transmission capacity is increased. VDTs have been a source of concern not so much VH.6. What can be done to reduce fields from because the fields around them are greater than existing transmission/distribution lines? other sources, but because many of us spend so Can fields be completely eliminated? much of our time so close to them. There are several different kinds of health effects that have Questions should be addressed to the utility which been suggested but not proven to be associated with operates the line and appropriate state agencies to EMFs. Currently available information is see if the line in question meets state EMF insufficient to conclude that electric or magnetic regulations, if any exist. All electrical devices as fields are carcinogenic. Studies of other health well as power lines emit electric and magnetic effects possibly associated with exposures from fields. EMFs cannot be completely eliminated as VDTs have been inconclusive. In the meantime, if long as electricity is used. Research on ways to you are concerned, you may want to arrange your reduce fields from power lines and appliances is work stations so that you sit at least an arms length 17 December 1992 from your monitor. Most people sit that far away VDTs (for example, MacWorld December 1990 anc anyway. At that distance, the fields produced by Info World November 1990). If you choose to buy your monitor are usually less than background a "low emission" VDT, you might verify any "low levels of EMFs from lights and building wiring. emission" claims by a manufacturer with measurements made by such independent sources. VIII.2. What can you tell me about Iow emission VDTs and screens that are VIII.4. Who else can I talk to about different supposed to block EMFs? VDTs and claims about low fields and "safe" monitors? Computer manufacturers are beginning to design and produce computers that emit lower electric and The Center for Devices and Radiological Health magnetic fields. Several computer magazines have (CDRH) in the Food and Drug Administration recently reported measured fields around various (FDA) is the federal agency with primary models of VDTs (for example, MacWorld responsibility for controlling emissions from specific December 1990 and Info World November 1990). electrical and electronic consumer products such as But it would be wise to verify any "low emission" VDTs. If you have some specific scientific or claims by a manufacturer with measurements made technical questions, the FDA would be your best by such independent sources. source of information. There might be some tradeoffs between low The National Institute for Occupational Safety and emission VDTs and other VDTs for cost, Health (NIOSH) has also conducted research on availability, and machine capabilities. It is best to VDTs and office workers, and may be able to contact manufacturers for details on their products. provide you with information. One way manufacturers reduce magnetic fields in The Occupational Safety and Health Administration computers is to place a metal called "mu metal" (OSHA) has a brochure on VDT use. In addition tc around the coils that produce the fields. The EMFs, the brochure has some helpful information fields are still present, but the metal has the on the use of VDTs to avoid problems such as capability to contain them. eyestrain. Laptop computers are different. The display VIII.5. How do I contact the FDA, NIOSH, or screens on laptop computers do not use the OSHA? cathode ray tube technology that emits EMFs from VDTs. However, the battery packs and chargers The phone number for the Director of FDA's that laptops use sometimes produce fields around Center for Devices and Radiological Health is (301) them like any electrical device. 443-4690. If you call, ask to be directed to someone who can help answer questions about VIII.3. I read an ad that said this company's VDTs. Or, if you wish to write, the address for - - VDTs were safe and certified by EPA to FDA is: have little/no EMFs. Is that true? Center for Devices and Radiological Health U.S. Food and Drug Administration No, it is not. The EPA does not have any 5600 Fishers Lane certification program, guideline, or standards for Rockville, Maryland 20857 VDTs. Nor has EPA tested VDT emissions. The • VDT may have low field emissions, or it may not. The FDA also has district offices throughout the Several computer magazines have recently country. reported measured fields around various models of 18 December 199= The group in the National Institute of Occupational applied to how close you are to machines operated Safety and Health (NIOSH) that deals with afFs by other people. When placing computers and is based in Cincinnati, Ohio. You can call (513) VDTs, remember that fields tend to be highest at 533-8482, or write to: the back, sides, and top of VDTs rather than in front where the operator sits. Physical Agents Effects Branch NIOSH VIII8. Why doesn't the U.S. have VDT 4676 Columbia Parkway standards like Sweden? Cincinnati, OH 45226 Actually the Swedish standard has not yet been You can write to the Occupational Safety and ratified. Some of the standards are based on what Health Administration (OSHA) at: is practical and easy for manufacturers to design and engineer in their products rather than on safety OSHA and health considerations. In general, we do not U.S. Department of Labor believe there is sufficient information about the Technical Data Center, N2439 health effects of EMFs to write responsible health- 200 Constitution Avenue, NW based guidelines for VDTs or other sources. We Washington, D.C. 20210 aren't even sure that the field strength is the most important thing to limit or reduce. For example. VIII.6. Are VDTs different than my television? many scientists believe that changes in field levels may be more important biologically than the VDTs and TVs are similar in design and average value or magnitude of the fields. operation. Both produce fields that can be similar in magnitude depending on the particular model or You might want to discuss VDT standards in size of the unit. Some very large televisions might Europe with the Food and Drug Administration have higher fields than are emitted by your PC's (FDA). The Center for Devices and Radiological VDT. Fields tend to be highest at the back, sides, Health (CDRH) in the Food and Drug aEd top of both devices rather than the front where Administration (FDA) is the federal agency with you usually are. Color screens generally have primary responsibility for controlling emissions higher fields than black and white or monochrome from specific electrical and electronic consumer screens. The reason that people were advised to products such as VDTs. If you have some specific sit about 6 feet or more from a television is that scientific or technical questions, the FDA would be some very early televisions produced a very small your best source of information. amount of weak X-rays (ionizing radiation ). The • solid state electronic circuitry of modern TVs in VIII.9. I've heard that laptops are safe. Is this combination with thick picture tubes with lead true? have eliminated the problem of X-ray exposure. The display screens on laptop computers do not use VIII.7. How far should I sit from my VDT? the cathode ray tube technology that emits EMFs What about from other people's VDTs? from VDTs. The battery packs and chargers that laptops use sometimes produce fields around them. There is not sufficient scientific information to say whether VDT emissions cause any health problems VIII.10. Is there someone who can come to or not. However, sitting an arms length from our office to measure Eli 1Fs? • your VDT greatly reduces your exposure to the field produced by it. (This is about where you sit EPA does not keep such a list nor recommend or anyway.) The same common sense rule could be certify private contractors who make measurements. 19 December 1992 You may be able to find someone who advertises IX.2. Isn't that (utility) work biased? in EMF trade publications or in computer magazines or listed in your telephone directory. The utilities are interested in determining whether Your local utility may be able to measure fields or not exposure to EMF causes health effects. The outside of your building free of charge, but they research sponsored by the utility industry (typically may not be willing (some are) to measure VDTserformed P by independent researchers) has been of or other sources in your office or home. But, the high quality. This research has identified bioeffect utility may know of private firms in your area who and has suggested potential relationships between could make such indoor measurements. Field certain exposures and specific health effects and ha. meters can be purchased. Many of the meters contributed to our understanding of EMF effects. aren't expensive or hard to use, but be sure to • learn how to use them properly. Manufacturers IX.3. What research is underway now? usually provide instructions. (Also consult Chapter 2 when responding to questions on World-wide, there are more than 230 research measurement.) projects underway, including epidemiological studies, laboratory studies on biological effects, anc x.11. What are other common sources exposure and measurement studies. of EMYs in the office? IX.4. Why isn't the federal government doing Copy machines, cordless telephones, fluorescent more research? lights, electric typewriters, word processors, printers, fax machines, coffee makers, vending The federal government has expended over $60 machines, microwave ovens, transformer rooms, million in the past on EMF research. The rate of and building wiring are some of the typical expenditure decreased in the early and mid-eighties. sources of electric and magnetic fields that are but increased to over $10 million in FY 92. There found in modem offices. In general, all electrical is currently a process underway to coordinate appliances and wiring can be considered to be research among the federal, state, and private sources of EvIFs. But it is important to remember efforts. that field strength decreases rapidly with distance. IX.S. Why is the federal government so slow in responding? IX. RESEARCH This is largely due to the need to develop consensus IX.1. Isn't all research being done by the between the executive and legislative branches of utilities? the government on what areas, out of the many higl priorities faced by the government, are most clearly Much of the research in the past and at present has in need of support. It is only fairly recently that been funded by utilities largely through their some consensus has grown to resolve that EMFs are research organization, the Electric Power Research an issue deserving more careful and extensive study. Institute (EPRI). Federal agencies such as the Department of Energy, including its Bonneville Power Administration, have conducted and X. STANDARDS AND REGULATIONS continue to support research. Research is also . being sponsored by many foreign countries. The States of New York and California have supported research. 20 December 1992 X.1. Can the federal government make the Electric field limits are most common. Some of power company moveichange the these limits are old; some are new. Generally, transmission/distribution lines? since the potential health risks of EMF exposure is not known, several states took action to limit EMP No, we cannot make the power company move or exposure to present levels along existing ROWs. change power lines. Utility power line siting and That is, exposures are not permitted to go any operations are regulated by states and local higher. governments. X.6. Why hasn't the federal government X.2. Can the federal government stop the regulated EMF's? power company from putting in that new line or increasing the voltage? Utilities are usually regulated by state and local authorities. In any event, the data on health effects No, we cannot stop the power company from from exposure to EMF is insufficient to establish making changes in their system. These sorts of responsible health-based standards. actions are regulated by local or state governments. X.3. What is a right-of-way (ROW)? A right-of-way (ROW) is the area of land around a power line, usually most visible around a transmission line, that the utility uses. They typically extend 50-65 feet from the center of the line(s). X.4. Measurements at the edge of the ROW are higher than state rules. What should I do to make the power company fix this? Call the power company and taLk it over. They may be willing to check it out for you. Or, they may be able to make additional measurement to compare to yours. Lots of factors can affect measurements and different instruments or meters may produce variable results. If you are still unsatisfied after talking to the utility, contact your local or state regulatory authority. X.5. Why have some states written or proposed standards for E'MFs? Several states have standards of limits for electric or magnetic fields at the edge of ROWs. These states are Montana, Minnesota, New Jersey, New York, North Dakota, Oregon, and Florida. 21 December 1992 CEXHI111 BIT E COOPERATIVE POWER 14615 Lone Oak Road Eden Prairie, Minnesota 55344-2287 (612) 937-8599 FAX (612) 949-1 51 1 July 29, 1993 Shakopee Planning and Zoning Attn: Terrie Sandbeck RE: Visits with adjacent landowners over their concerns for future high voltage power line. Enclosed: 1. Copy of first letter with Fact Sheet sent out to adjacent landowners on May 4, 1993 . Received one telephone response from Don McKush. 2. Copy of letter sent out to landowners on July 21, 1993, asking for permission to survey. Mrs. Sweet and Mrs. McKush refused permission. 3 . Copy of revised plat sheet to better show landowners. Mrs. and Mrs. John O'Loughlin Visited with above at Shakopee planning meeting, Prior Lake planning meeting, and on July 28, 1993, at their farm. O'Loughlin's are very reasonable people and understand the need for the line. Their main concern was that of just compensation. We explained to them that we are required by law to give just compensation for the taking and that the procedure for this is spelled out in state statues and enforced by the district courts. We also explained to them that like county and state agencies, we will contract with a professional appraising company to acquire a judgment as to the diminution in value of their property due to the proposed transmission line. Mr. and Mrs. Sweet Visited with the above at Shakopee planning meeting and Prior Lake planning meeting. Called Mrs. Sweet and offered to meet with them and help them in any way possible. They respectively declined but said An association of electric cooperatives Terrie Sandbeck July 29, 1993 Page 2 they might call me later. The Sweets are totally against the line and feel that it should be put on other people's property in that they are not served by the line. They completely disregard the fact that it is totally irrelevant as to who the line serves and that the electric power they receive from Shakopee Utility passes over many property owners not served by Shakopee. Mr. and Mrs. Dellwo Visited with the above at their beautiful log home on July 28, 1993. They are very reasonable people, and although they would rather not have the line, they understand the need. They did have a concern as to the disposition of any trees as they burn wood. We explained that we would cut to 8-foot lengths and stack them along the right-of-way. Mr. and Mrs. McKush Visited with Don at the. Shakopee planning meeting, Don and his wife at the golf course on July 27, 1993, and again with Don at his golf course on July 28, 1993 . Don is a very reasonable man. Mrs. McKush is against the line and feels that it should be placed on other people's property. Their main concern was for a row of old trees which divide their property from Mrs. Dolan's and protects one of their greens. They would rather that we put the line over on Mrs. Dolan as they feel that her property will eventually belong to the Mdewakaton Sioux. This we can not do as Mrs. Dolan does not want the line on her property. We have agreed to span the trees by trimming the tops and shaping them. Mrs. Dolan and daughter Visited with above on July 27, 1993. Very reasonable people. Although they do not want the line they understand the need. They vehemently opposed bringing the line on to their land in order to avoid the row of old trees that separate them from the golf course. Sincerely, Bill McGoldrick Manager Land Use Enclosures COWEROPERATIVE PO 14615 Lone Oak Road Eden Prairie, Minnesota 55344-2287 (612) 937-8599 FAX (612) 949-1511 July 21, 1993 Dear: John O'Loughlin David Sweet Elmer Deliwo Lovina Dolan Donald H. McKush Shakopee Mdewakanton Sioux Community • Please do not feel that we are getting the cart before the horse in that we would like to survey the proposed transmission line the week of July 26 -30 or shortly thereafter depending on the weather. This in no way will affect your rights but instead will give us all a better picture of the project. If this is not acceptable with you.please let us know as soon as possible by calling(612)949-1534 and leaving a voice message if I am not in the office. Sincerely, • Fes / 9 7 `1;J�. William J.McGoldrick - Manager,Land Use Department WJM:idr An association of electric cooperatives x c 3 • ;3 : Y •1 • Yz ass . • Y 5 tt f • r C ' . ! A . 5�. £Y ° a T r s 6. �Y Y 5 f @ f s 7 t'' YI Vt :?k H , ,2. Yi • • • to G$. ... . r ....i,'.'1'..??.:.':::''.::-.';'-`..M.:2,-. r Ai • . .... : • Ute,` - ,r. ,::..%:::.::#4„.::,.0..,,...,-..m., ,, . . , ,, ., ......, - ' - -:-, ,-,::-..,...„,,,,,. .. ‘ , .::,., 1,-,,,,„.iii .,, ....... ::, :* - :..:..„:,.:„..•‘.. 7:°:•••:'''•<'.'t s w d Fi�G i EXHIBIT F' C Minnesota Valley Electric IF°OOPERATIVERCooperative Cooperative Power Association / Minnesota Valley Elecric Cooperative Request for Conditional Use Permit for Eagle Creek Substation Q: Why is the Eagle Creek Substation needed? ed pace. To complete the Eagle Creek Substation before A: Continued growth in electrical usage in the the summer peak loads of 1994,Cooperative Power northern part of Scott County has required Minnesota needs approval from the City of Shakopee to con- Valley Electric Cooperative to schedule construction struct the transmission line before the end of of a new distribution substation,named Eagle Creek, September.This is necessary to insure the completion to be completed in the spring of 1994. of transmission line and substation preparatory and The area around the substation can no longer foundation work before the winter freeze,and equip- by supplied by the existing 12.5kv feeder lines from ment ordering,manufacture and shipping schedules the distant substations to the east and west which (often a six month cycle). were sufficient before the density of electrical usage Q: Why is the substation being located at the site rose. west of the Mystic Lake/Dakota Country The substation presently feeding most of the Casinos? area is the Prior Lake Substation.It has reached its maximum capacity and must be supported by a this A: Two main criteria establish the best siting for a new substation. substation. If one of the main transformers in the Prior The first is the central point of projected long- Lake Substation failed(whether from overload or range electric load growth.By long range we mean lightning),widespread outages in the cities of Savage, 20 years and beyond.Choosing a central location Prior Lake and Shakopee would result.Without the minimizes excessive numbers of distribution lines and Eagle Creek Substation to provide quick"backup," provides the most efficient service.This point is near these outages would probably last one to two days, the intersection of county roads 82 and 83. the time necessary to replace the failed transformer. The second major criteria is the consideration Without the provision to transfer load to the of compatible land use.Because the substation is Eagle Creek Substation,the expanding demand for large and very conspicuous,Prior Lake land-use electricity in this area will greatly increase the likeli- guidelines require us to site it in an area where adjoin- hood of a main transformer failure at the Prior Lake ing land use is compatible,i.e.non-residential.The Substation.To avoid this serious breakdown of ser- ideal sites,therefore,are zoned commercial and vice,the Eagle Creek Substation must be built as soon industrial. as possible. After discussions with the City of Prior Lake, Q: Why did the need for a substation develop so the Shakopee Mdewakanton Dakota Community and other land owners,the present site for the substation quickly? was chosen.Other sites reviewed were on or near res- A: Typically,the planning and construction of a idential areas or were protected wetlands. distribution substation takes two to three years. The site chosen is compatible with the adjoin- MVEC started the planning for the Eagle Creek ing land use and provides for the long-term growth of Substation in the summer of 1992. the area. The 15 to 20 percent annual load growth on theWhat alternatives does MVEC have to building Prior Lake Substation is unprecedented,however,and �� the Eagle Creek Substation? is quickly using up its available transformer capacity. To meet this demand,MVEC has been forced to A: Long-term,there are no alternatives to building design and build the substation at a greatly accelerat- the Eagle Creek Substation.The transformer capacity to serve the area is being consumed quickly. Q: Why not move the line 30 feet to the east? To meet the need short-term,possibly for one year,MVEC could construct or rebuild a seven-mile A: Although there are several reasons not to move 12.5kv feeder line to this area from its Merriam the line 30 feet east,the first is decisive. Junction Substation on U.S.Highway 169.This 1.If condemnation procedings are required,the "extension cord"concept is much less reliable and reason for moving the line 30 feet would not stand in can only be an interim solution.MVEC would spend court. between$200,000 and$400,000 constructing this 2.If one individual does not want to share the temporary fix. burden of line location,we will not shift burden to another to ease it for one. Q: Why does CP want to route the transmission 3. Moving the line will not eliminate CP's line following the section line? obligation to pay for its visual impact. Up to 80 per- A: The first choice for locating transmission lines cent would still be required under terms of Invers is always along existing corridors,or public roads. condemnation. County Road 83 is that choice. Q: What must be done before the Eagle Creek Features of a route that could restrict siting of a Substation can be built? power line include: • Houses or buildings A: The City of Prior Lake has approved a variance • Trees to allow CP to build the transmission line to the sub- • Length of line station,and the Mdewakanton Dakota Community • Environmental concerns has approved MVEC's site selection and design for • Future growth or changes the substation. The next choice for routing transmission lines The City of Shakopee's staff has recommended is along property lines.In rural areas,this is typically approval of the conditional use permit for the trans- along section lines.The line between sections 20/21 mission line,but the Planning Commission has and 29/28 is the path of choice. (See table below.) denied the application. Route: Co. Rd. 83/East side Co. Rd. 83/West side Section line route Issues: 1. Homes and 2 homes 11 homes 2 homes buildings 2 buildings 1 farmsite 2. Trees 3,100 feet 3,500 feet 2,050 feet 3. Length 2 miles 2 miles 1.6 miles 4. Environmental 1,200 foot none none lake crossing 6. Future growth 90%likelihood 90%likelihood 10% likelihood Notes: 4. DNR will not grant permit for line to cross this lake. 5. In the event of very likely future growth, Co. Rd. 83 will be widened.The cost to move the line would become the obligation of the Scott County Highway Department. 1.0 it -1.....-....- - - k _ _ _ _ IL ■ il _.,.._ ! �4 ' II .-- O'LAU HLIN x • - 10 • W -J • = -- I p --_ ■ -_ ■ ■ 9�.. - T ' . MDEWA ANTON " r . .;.; .r4 i' SI • X ,;� ' 1 { .. iter. }Y � .5'711,, 1 II :t: . .: ,,...g,ip.,,,.'5 I( 4 • N .1., ■ t. , S1 ? ;31 • • a_ -~ DOLAN I I; • :. .- GOLF • • A • COURSE 4 . • it MDEWAKANTON -+ op �' �. _. , _........._i SIOUX , } i .i!/ DJ .v.0., r.t . U14 4-i1 34-i0 ,-iii rl\ivI\ L.`111L -fy-' k.111 ur JLi.'iilUrLr. t_rj kwL 9- PRIG 41, \\.\\ 1 ,. September 7, 1993 Dennis Kraft City Administrator City of Shakopee 129 Holmes Street Shakopee, MN 55379-1376 Subject: Conditional Use Permit for Minnesota Valley Electrical Substation in Prior Lake Dear Dennis, This letter is to heartily recommend your support for the development of an electrical substation on Dakota Community territory within the City of Prior Lake, The proposed routing for the substation and the location of the substation have been thoroughly considered. The new substation is essential to continue reliable electrical service to the City of Prior Lake as well as for the continued expansion of the Community. I hope that you will positively consider the Eagle Creek substation recommendation by approving the conditional use permit at your upcoming meeting. Sincerely, Frank Boyles City Manager FB:db FDlE7 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY FMPLOY^ER r% (:)FSEI\J I� /:) ,C1} MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: MARK MCQUILLAN, PROGRAM SUPERVISOR RE: TREE PLANTING GRANT DATE: 8/25/93 INTRODUCTION The City has received notification that it is eligible to receive a $5000 matching tree planting grant through the Small Business Administration's (SBA) Natural Resource Development Program. BACKGROUND In 1992, the City hired Virg Lukin of Virg Lukin and Associates to do a detailed evaluation of the Municipal Swimming Pool for the purpose of identifying deficiencies with the facilities and operations. In his report, Mr. Lukin stated the Shakopee's pool has operated with the handicap of cold water which has a direct impact on the number of users. He noted leaks in the liner and diving well walls which contributed to the need for continually adding water to the pool. He also indicated the wind was a factor in cooling the water and impacted the swimmer's desire to swim. Mr. Lukin suggested either erecting a wind screen or planting trees to reduce the wind current. Since wind screens are expensive and must be put up and taken down every year (costly manpower) , the best long term solution would be to plant trees. With Lions Park, trees are also needed by the tennis courts and the two picnic shelters. Plantings in these areas will improve user desirability. Last spring, staff submitted a grant application to the SBA tree grant program which requires a 50% match by the City. The maximum grant per applicant is $5000. If the city accepts the grant, its share of the match would be $5000 bringing the total project scope to $10, 000. Conditions of Grant The trees planted by these grant funds must be planted by a qualifying small business contractor. The trees cannot be planted by local government crews or volunteers. Project Timetable The Minnesota Department of Natural Resources is the administrator of the SBA Natural Resource Development Program. They have informed us there will be a delay in the administering the grant funds because of a supplemental appropriation for FFY 1993 to expand this Program. However, if we accept the grant, we can still proceed with our project this Fall or wait until Spring of 1994 . The project must be completed by June 30, 1994 . Local Funding Funding for this project was not budgeted in 1993 and has not been budgeted for 1994 . On Monday, August 23, the Park and Recreation Advisory Board discussed the project and moved to recommend to City Council that $5000 be allocated from the Park Reserve Fund to cover the 50% local match requirement. Adequate funds exist within the Park Reserve Fund to do the project in 1994. ALTERNATIVES 1. Move that the appropriate City Officials be authorized to execute necessary agreements to accepting the SBA Natural Resource Development grant of $5000 and allocate $5000 from the Park Reserve Fund to cover the 50% local match requirement. 2 . Turn down the grant and re-apply next year. 3 . Move that the appropriate City Officials be authorized to execute necessary agreements to accepting the SBA Natural Resource Development grant of $5000 and allocate $5000 from the contingency appropriation account of the General Fund Balance to cover the 50% local match requirement. P.R.A.B. RECOMMENDATION Alternative #1 ACTION 1. Move that the appropriate City Officials be authorized to execute necessary agreements to accepting the SBA Natural Resource Development grant of $5000 and allocate $5000 from the Park Reserve Fund to cover the 50% local match requirement. c .cam o < p W110 a) • LOMNMNOOtOMO 8N00 _O M ...I C T T I - 3ao O ID a) O •- I. CO O CO O to to N- 0 O T V CO h. CO Q) CO r) N. 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Development along County Road 17 has caused this plan to be reconsidered and adjusted. BACKGROUND: The present Civil Defense Warning System is used to alert citizens to natural or man made hazards which require them to seek shelter or take other measures to protect themselves. The present system, installed in 1977 was comprised up of radio activated electro-mechanical sirens. This system was not enhanced until 1989 when a new electronic siren was installed near Shakopee Junior High School. In 1990 a new electronic siren was installed on top of the Scott County Courthouse to replace two older sirens in the downtown area which were inoperable and could not be repaired. Last year, two older sirens in the industrial park area were replaced with a new electronic model. The sirens installed near the Junior High School and on top of the Scott County Court House are Whelen Model WPS-2750 sirens. This Model has been replaced by upgraded Model WPS 2800-5 version which was installed in the industrial park. The WPS 2800-5 Warning Siren meets the specifications necessary for it to be integrated into the existing City/County warning system. This year, we intended to replace the siren by the swimming pool and move the one at that location to an outlying area. In view of the fact that we have not been experiencing a lot of difficulty with this siren and that significant growth has taken place along County 17 , the Scott County Emergency Services Director has recommended we adjust our original plan and install a new siren on County Road 78 approximately 500 feet west of County 17 . This siren will pick up where the siren at the Junior High School leaves off and will provide protection to an area which is experiencing significant population growth. The new units are a great improvement over the electro-mechanical models. They have fewer moving parts and last longer. They are more reliable and have a battery which enables operation without an external power supply. They also have a. public address capacity which increases their usefulness. Shakopee and other cities installing the electronic sirens are experiencing fewer malfunctions and false activations. Informal quotes were obtained from Fesler's Inc. and Rennix Corporation. Whelen Engineering Company did not respond to our request for a quote. Copies of the quotes received are attached to this memo. Fesler's was low bidder: Rennix Corporation $11, 100. 00 plus freight; Fesler' s Inc. $10, 827 . 65 plus freight. Freight will be about $600. There is money set aside in the 1993 budget to purchase and install this siren. ALTERNATIVES: 1. Purchase warning siren from Fesler's for $10,827. 65. 2. Purchase warning siren from Rennix Corp. for $11, 058 . 00. 3 . Do not purchase a siren. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize and direct the appropriate city officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Fesler's, Inc. for $10,827. 65 plus freight and install it on County Road 78 approximately 500 feet west of County Road 17 . August 16, 1993 Chief Thomas Steininger Shakopee Police Department 476 Gorman Street 4414111' Shakopee, MN 55379 40411 +14110 Dear Chief Steininger: I was recently contacted by Gerald Halverson of Whelen Engineering. He had asked me to supply you with a quotation on the following Whelen outdoor warning equipment. 1 ea. WPS-2800-5, Siren 1 ea. D-864V-H, 1-way Radio Control-High Band RENNIX Corporation Traffic Control Products LUMP SUM $11,100.00 1801 E.79th Street•Suite 26 Above pricing includes freight. Bloomington, MN 55425 (612) 851-9602 Delivery would be approximately 13 weeks after FAX 221-9602 1-800-225-9602 p recei t of order, 12 weeks production, 1 week delivery. Should you have any questions or require additional information, please contact me at your convenience. Thank-you, Ren 'x ' .r.oratio. 1.11 / o Christ.pher R. Hor - n Operations Manage Exclusive distributor of 3M Traffic Control Products. RECEIVED Muni 1 8 1993 Fesler's Inc. Post Office Box 99 - Highway 965 North Liberty, Iowa 52317 Phone (319) 626-6520 Fax (319) 626-2235 Date: August 16, 1993 To: City of Shakopee Attn: Mr. Tom Steininger, Chief Address: Shakopee Police Department 476 Gorman Street Shakopee MN 55379 Fax: 612-445-2313 Subject: Outdoor Voice and Siren System Quotation QTY. DESCRIPTION UNIT PRICE TOTAL 1 Whelen WPS-2800-5 Electronic Warning Siren $10,827.65 $10,827.65 Includes the following equipment: [A] 5 cell speaker cluster with 400 watt drivers. [B] Pole top mounting bracket. [C] 50' speaker cable. [D]Control cabinet with 5 amplifiers and 2 lead calcium batteries (deep cycle). [E] Includes DTMF High Band radio decoder with antenna. Total $10,827.65 Plus Freight Charges F.O.B. Chester, Ct. Estimated Freight Charge: $600.00 Actual costs of freight may be slightly lower or higher at time of shipping. Installation costs are not included in this quotation. PLEASE NOTE: PRICING OF SIREN IS THE SAME AS LAST YEAR. (We will hold these prices for 30 days, at which time there may be a price increase). If our routing coincides with the installation; supervision will be offered as a courtesy. Payment Terms: Net 30 Days from time of shipment. Fesler's Inc. appreciates the opportunity to be of service. ctfull Pat Noel l\ MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne I DATE: August 18, 1993 RE: Jerry' s Bar DISCUSSION: This morning Jerry Carlson of Jerry' s Bar contacted me regarding last night' s Council meeting. He indicated that he had been unaware that he was on the agenda for August 17th, and therefore did not appear. He also indicated that he did submit the documents requested late the afternoon of August 16th, and gave them to the receptionist to give to Judy Cox, who was on vacation. The notice which Mr. Carlson received clearly stated that the Council would act on August 17, and that he could speak. In its first paragraph it provides: "You have an opportunity to file exceptions and present argument to the City Council, which is to render a decision on this report and the alleged violation, at the meeting of the City Council on August 17, 1993, in the City Council Chambers of the Shakopee City Hall, 129 South Holmes Street, Shakopee, MN, at 7 : 00 p.m. " Mr. Carlson apparently overlooked this provision. The Recommendation forwarded to the City Council, and copied to Mr. Carlson, also provided that the liquor policies were to be sent to the City Attorney. " [B] y August 16 , 1993, the owner of Jerry' s Bar shall submit to the City Attorney a satisfactory written policy for use by bar employees, which provides guidance in complying with the state and local liquor laws . . . " Mr. Carlson has dealt with Ms. Cox in the past, and apparently followed his past practice. She was on vacation until August 18th, and did not receive the documents. She has now forwarded them to me for review. I have reviewed the liquor policy documents submitted by Mr. Carlson. They are satisfactory. At the August 17, 1993 , Council meeting, the Resolution was amended to increase the suspension period to 30 days, and to delete probationary language . An amended Resolution has been prepared with these changes . In order to implement a suspension, a particular date for it to begin should be set . I have left a blank for City Council to select that date, if they choose to adopt the amended Resolution. The original Resolution also is attached. Since Mr. Carlson submitted satisfactory documents in a timely manner (albeit to the wrong person) , I would recommend that the original Resolution be adopted. ALTERNATIVES: 1 . Adopt Resolution No. 3842 as originally drafted. 2 . Adopt Resolution No. 3842 as amended at the Council meeting of August 17, 1993 , inserting a date, and adopt it . 3 . Further amend Resolution No. 3842, and adopt it . 4 . Do not adopt Resolution No. 3842 . RECOMMENDATION: Alternative 1 : Offer Resolution No. 3842, a Resolution imposing a penalty and costs on Clair' s Bar, d/b/a Jerry' s Bar, for liquor violations, and move its adoption. KEM:bjm Attachments [18MEMO] -2- • f . - 1 : 17a-4.101, a4401 tilrkinie/LV , ,A,-. . .i At A_ - / A ! r • ; ea,theyo ioppv tte'" - ett,: aiizal- Ac /991 mie i t '993 owl C)F S"P1/43/4°P ; -.eiii 45Aart) .. :..-- _**- --' eto744z../ct_r_e_iri • _...ye -eriti? . -• / r arv_.-e1-41 eeziAtzafriemaheAd) ,01 ,--y ,...61.4., -4_4" ..eozeLAseir_42-Lizo-afi-__ __4,4 I , az .,..A _,_ .„ A A _ 1 ' Cril ./1/211e-a-Abz) . 6 -i.:& _ALIJ__EVV__--.40-, dedit ftheb12014.4L/116619 ‘.1.L/ /i- / .1-, .i -# faiddeayt et-tolitiLatitthp _ ,4 . • atizA)-62tai.,‘ _ • , .• ,..,ea__„ _ .adr/_.-.0 I Ix.' ---- 1 - i i 4 ' _.,......... A .Led , , il _-.1 1 4. . ___ _X-ke_t-t nte, eLeAACe-e _,due • . . • , .. ..: 4 Ai-. _./ ..A4 i --,4 iZ4,7d4 yo-t A A11-4411 1-1,YA--) ileVieAt-) gAZIe 6",-.-- 0 too.'171. / I Ifr ) I. i ,,Wae 11-U .1;1.eA 4 e) 4.0-1- e7te,. I ---Ltefl'IA6 __ ,_ _ _ I (amended) RESOLUTION NO. 3842 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY AND COSTS ON CLAIR' S BAR, D/B/A JERRY' S BAR FOR LIQUOR VIOLATIONS. WHEREAS, on July 27, 1993 , the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the liquor laws by Clair' s Bar, d/b/a Jerry' s Bar (hereinafter "Jerry' s Bar" ) ; and WHEREAS, the committee of the whole submitted its report and recommendation as to a penalty; and WHEREAS, this report was mailed to Jerry' s Bar on August 5, 1993, more than ten days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 27, 1993 , hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Jerry' s Bar violated an applicable law relating to alcoholic beverages, and is subject to penalty under Minn. Stat . Sec. 340A.415 . That the City Council makes the following order: That the liquor license of Clair' s Bar d/b/a Jerry' s Bar be suspended for a period of thirty (30) days, beginning on In addition, Jerry' s Bar shall pay to the City a sum of $30 to cover the costs incurred by the City. Passed in regular 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: 4/i/ ' Ake. `N City Attorney [18MEMO] -2- In the Matter of the Consideration of Liquor Violation by Clair' s Bar, d/b/a Jerry' s Bar by the Shakopee City Council REPORT OF THE HEARING BOARD TO: Clair' s Bar, d/b/a Jerry' s Bar and Jerome Carlson 124 South Holmes Street Shakopee, MN 55379 You and each of you will please take notice that the report of the hearing board is hereby available to you. A copy of it is enclosed. You have an opportunity to file exceptions and present argument to the City Council, which is to render a decision on this report and the alleged violation, at the meeting of the City Council on August 17, 1993 , in the City Council Chambers of the Shakopee City Hall, 129 South Holmes Street, Shakopee, MN, at 7 : 00 p.m. At that time the City Council shall render a final decision as to what penalty, if any, shall be imposed. If you are aggrieved by the final decision of the City Council, you are entitled to judicial review as set forth in Minn. Stat . Sec. 14 . 63 et seq. A petition for a writ of certiorari must be filed with the court of appeals and served on the City not more than 30 days after you receive the final decision and order of the City Council . Dated this SIL day of Q , 1993 . By Order of the Shakopee City Council 4e2 6. q) .,� e Ju it S . Cox, �O"ity Clerk COWN/) 129 uSh Holmes Street Sh pee, MN 55379 Telephone 445-3650 Atiolttiv\ - In the Matter of the Consideration of Clair' s Bar' s d/b/a Jerry' s Bar Liquor Violations by the Shakopee City Council SYLLABUS On July 27, 1993, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the liquor laws by Clair' s Bar' s d/b/a Jerry' s Bar (hereinafter "Jerry' s Bar") . The violation was contested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact : 1 . On July 27, 1993 , this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Michael Beard, Gary Laurent, Bob Sweeney and Joan Lynch. The City was represented by Karen Marty; Jerry' s Bar was represented by the owner, Jerry Carlson. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under Minn. Stat . Sec . 340A.415 . 3 . Jerry' s Bar has been charged under Minn. Stat . Sec. 340A.415, which provides that "The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2, 000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. " 4 . Under state law, the latest time liquor may be sold is 1 : 00 a.m. 5 . City Code Sec. 5 . 02, Subd. 7 .B prohibits allowing a bottle containing more than a trace amount of beer to remain on a table or bar more than thirty minutes after the hour when a sale of that beer could legally be made. 6 . On January 30, 1993, Sergeant Richard Kaley of the Shakopee Police Department passed by Jerry' s Bar at approximately 1 :40 a.m. He noticed approximately eight (8) people standing at the bar, and one man drinking from a bottle of beer. Sergeant Kaley entered the bar, and witnessed another man drink from a Budweiser beer bottle. Both men placed their beer bottles on the bar in front of them after drinking. 7 . Sergeant Kaley confiscated the two bottles, which were cold and contained beer which still had fizz . The Miller bottle contained approximately one inch of beer; the Budweiser bottle contained approximately three and one-half inches of beer. 8 . Tina L. Menke, the bartender and an employee of Jerry' s Bar, was charged with allowing the display of beer and alcohol containers on the bar after the legal time set by the ordinance, in violation of City Code Sec . 5 . 02 , Subd. 7 .B . 9 . Ms . Menke testified for Jerry' s Bar. She stated that there were bottles, mugs, and a pitcher containing more than a trace amount of beer on tables and the bar when Sergeant Kaley arrived. 10 . Ms . Menke also testified that prior to that night she was unaware of the provision of the City Code requiring removal of containers . 11 . On April 26 , 1993 , Ms . Menke appeared in Scott County Court and pled guilty to the charge of displaying alcohol after hours . 12 . Police Chief Tom Steininger indicated that Jerry' s Bar has not been a major problem location for the Shakopee Police Department, having resulted in only nine police calls directly related to the liquor business in the past three years . CONCLUSION Jerry' s Bar violated the applicable laws relating to alcoholic beverages, and is subject to penalty under Minn. Stat . Sec . 340A. 415 . RECOMMENDATION It is recommended that the liquor license of Clair' s Bar d/b/a Jerry' s Bar be suspended for a period of three (3) days . This suspension of the license shall be held in abeyance for a period of one year, on condition that (1) by August 16 , 1993 , the owner of Jerry' s Bar shall submit to the City Attorney a satisfactory written policy for use by bar employees, which provides guidance in complying with the state and local liquor laws, and (2) there be no further violation of the liquor laws . In addition, Jerry' s Bar shall pay to the City a sum of $30 to cover the costs incurred by the City. [4 JERRYB] -2- AFFIDAVIT OF SERVICE BY MAIL STATE OF MINNESOTA) ss . COUNTY OF SCOTT ) Beverly J. Mitchell, of the City of Shakopee, County of Scott, State of Minnesota, being duly sworn upon an oath, states that on the Jr day of August, 1993 , she served a copy of the attached Report of the Hearing Board, upon Clair' s Bar, d/b/a Jerry' s Bar, and Jerome Carlson, 124 South Holmes Street, Shakopee, MN 55379 , representing the parties in this Report of the Hearing Board, by placing a true and correct copy thereof, with postage prepaid, in the United States mail at Shakopee, Minnesota . / ' Ad B ERLY / . M/ CH L SUBSCRIBED AND SWORN to before me this S ` day of , 1993 . (2Cvn,Q) OTARY UBL My Commi ICsion expires : /x • 9 S JUDITH S. COX NOTARY PUBLK'_+.IINNESOTA ,e4rK- SCOTT COUNTY [4 JERRYB] MV comigissicw EXPIRES 6.16695 (original) RESOLUTION NO. 3842 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY AND COSTS ON CLAIR' S BAR, D/B/A JERRY' S BAR FOR LIQUOR VIOLATIONS. WHEREAS, on July 27, 1993 , the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the liquor laws by Clair' s Bar, d/b/a Jerry' s Bar (hereinafter "Jerry' s Bar") ; and WHEREAS, the committee of the whole submitted its report and recommendation as to a penalty; and WHEREAS, this report was mailed to Jerry' s Bar on August 5, 1993 , more than ten days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 27, 1993 , hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Jerry' s Bar violated an applicable law relating to alcoholic beverages, and is subject to penalty under Minn. Stat . Sec . 340A.415 . That the City Council makes the following order: That the liquor license of Clair' s Bar d/b/a Jerry' s Bar be suspended for a period of three (3) days . This suspension of the license shall be held in abeyance for a period of one year, on condition that (1) by August 16, 1993 , the owner of Jerry' s Bar shall submit to the City Attorney a satisfactory written policy for use by bar employees, which provides guidance in complying with the state and local liquor laws, and (2) there be no further violation of the liquor laws. In addition, Jerry' s Bar shall pay to the City a sum of $30 to cover the costs incurred by the City. Passed in regular 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: __ - .40(M/ , City Attorney [18MEMO] -2- r / V c' TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Payment Of Special Assessments On City Property DATE: August 24 , 1993 Introduction There is a balance remaining of a special assessment on the land purchased by the City south of the high school. It is suggested that Council pay off that special assessment. Background There was a balance of a special assessment remaining on the parcel south of the high school of which the city purchased 63 acres. The city assumed the prorata share of the assessment. The school will pay their share of the assessment for the land they purchased from the city. It is suggested that the city treat the balance of the assessment on its 30 acres as part of the purchase cost and pay off the assessment out of the CIF instead of paying it off out of the General Fund over the remaining years of the installment schedule. The amount is $6, 918 . 70. Action Requested Move to pay off the City share of special assessment code 27063 against the original parcel number 27-912045-0 in the amount of $6, 918 . 70 for 30. 464 acres. memo\schsa 4 /1,5 L7( MEMO TO: Shakopee City Council FROM: Dennis R. Kraft, City Administrator Lindberg S. Ekola, City Planner David E. Hutton, City Engineer Karen E. Marty, City Attorney Gregg M. Voxland, Finance Director RE: Chaska Interceptor Agreement DATE: September 3 , 1993 INTRODUCTION: In order for the City of Shakopee to make connections with the proposed Chaska Interceptor Sewer, an agreement is needed. The agreement will be between the City of Shakopee, the Metropolitan Waste Control Commission (MWCC) , and the Metropolitan Council (Met Council) . BACKGROUND: Minn. Stat. Sections 473 . 175, 473 .856, and 473 .865 together require that City plans shall be amended to conform to the regional plans prepared by the Met Council. These regional plans include sewer, transportation, and land use and development system plans. Due to these obligations, the City has entered into negotiations with Met Council and the MWCC regarding the proposed Chaska interceptor sewer. City staff was directed by the City Council in early 1993 to pursue our options and to seek to minimize the cost of obtaining sewer service. Staff also was directed to resolve other land development issues with the Met council, such as paving the CSAH 18 ramps, and rural development density. In 1992 , the MWCC initiated a planning process to consider alternatives for the inadequate Chaska Wastewater Treatment Plant. One alternative involved the expansion of the existing plant. Several difficulties were identified early in the planning process relating to the expansion of the existing Chaska plant. The other available option was to pump sewage to the Blue Lake Treatment Plant, located in Shakopee. Three alternative routes were analyzed in the MWCC's Chaska Wastewater Treatment Plant Study, completed in June of 1992 . Based on the study, the MWCC selected the alternative which routed the Chaska Interceptor along the Shakopee Bypass. The least expensive construction method would be with a forcemain. If a portion of the proposed forcemain along the Shakopee Bypass were changed to a gravity sewer, then there is a tremendous opportunity for the City of Shakopee to put in sewer connections for future growth along the Bypass. Since this is more costly, the Metropolitan Council and the MWCC have asked Shakopee to share the cost for the Chaska Interceptor if it is to be constructed so that Shakopee could connect up to it. 1 Generally, regional sewer systems are funded by the regional agencies. The cost sharing concept with local governments has been applied in two previous situations in the metropolitan area, including the Lake Ann Interceptor (Chanhassen, Eden Prairie) and the Elm Creek Interceptor (Champlin, Anoka) . One of the primary factors involved in the decision to locate the Chaska Interceptor along the Shakopee Bypass was the fact that the Bypass has not yet been constructed. It is desirable for the City of Shakopee, the metropolitan agencies and the State to coordinate the use of the Bypass right-of-way for multiple transportation and utility purposes. In order to meet the schedules for the Bypass construction, the Chaska Interceptor must be designed this year. The MWCC and Met Council staff have delayed designing the project, in order to allow Shakopee to consider whether it wants to pay for a share of the cost for constructing the facility so we could connect to it. They have asked that the agreement be completed in September to allow adequate design time for the interceptor. The cost sharing concept requires that the City financially contribute to the regional sewer project. To establish an appropriate financial contribution, City staff has met with the Met Council and MWCC staff on numerous occasions to establish the appropriate dollar amount. In developing the proposed connections to the Chaska Interceptor, the Met Council has suggested that we use this opportunity to resolve other outstanding issues between the City and Met Council. The agreement specifying the financial contribution by the City also will address housing density in the rural areas and paving of the County Road 18 ramps. Several issues need to be resolved by the City Council before making a final decision on the proposed agreement. These are set out below. DISCUSSION: 1. Cost Sharing The oversizing is being done at the request of the City of Shakopee. Nonetheless, staff has questioned why the City is being asked to pay anything at all. This question was answered by Met Council and MWCC in two parts: (1) The City does not presently need any additional MUSA areas, other than the hospital, and therefore this line is not needed for the City. The City can build a trunk sewer at that time when it actually needs to expand its MUSA area. (2) The interceptor presently is needed only to take sewage from Chaska to the Blue Lake Treatment Plant. The least costly way to construct 2 it is by forcemain. The City could not connect to a forcemain without substantial expense and without the construction of a larger force main than MWCC planned. By reconstructing the line as a gravity sewer so the City can tap into it, additional cost is incurred by the MWCC. This cost is strictly for the benefit of and at the request of the City. The City should pay for this benefit that it requested. 2 . Land Supply and Demand The City has requested the additional capacity in order to allow it to use this line in lieu of a trunk sewer line (which the City could construct) when the MUSA area is expanded to the south or east. In order to determine how much additional capacity actually will be needed, staff from the City and Met Council calculated the projected number of households and businesses which would be developed in the years 2000, 2010, 2020, and 2040. The numbers used were the most recent projections of the Met Council, which are higher numbers than those developed by the City's consultant, BRW, in its previous material. City staff agrees with these numbers. From the number of households and businesses, staff then calculated the acreage needed for each of these uses. The present acreage available within the present MUSA line for each of these uses was subtracted, to give a calculation of the additional area needed in each of the identified time frames. A major stumbling block occurred here. In the past, City staff has measured "vacant" land available for development by looking at property lines and identifying parcels of undeveloped land. Met Council, on the other hand, disregards property lines, and looks at areas of land currently undeveloped. This yields two markedly different amounts of "vacant" land. City staff now understands Met Council's approach, which considers all potential expansion of uses, and sale of portions of an owner's land, as well as entirely undeveloped parcels. Based on this understanding, City staff is comfortable with a vacant land area calculation within the existing MUSA of 2311 acres. City staff and Met Council staff agree upon the acreage needed for projected uses as well. The land demand numbers have had much less debate. As presented at the August 3 City Council meeting, the projected land demand for the Shakopee Year 2000 MUSA is 1, 953 acres (993 acres residential, 960 acres non-residential) . 3 . Location of Future Residential Growth Based on the land areas needed, City staff put together various development alternatives, which were reviewed at the last Council meeting. The actual areas for development will 3 determine where along the interceptor the City would want to connect, which in turn determines the size of the interceptor at that location. The closer our connection is to the treatment plant, the shorter the area of oversizing has to be, and the lower the cost to the City. The City Council should review these alternatives, to determine where it would prefer for development to occur, and where the City will connect to the interceptor. At the August 3 , 1993 City Council meeting, staff presented five alternative MUSA line configurations. The City Council directed staff to utilize two of the five concepts in negotiating with the Met Council. Attached as Exhibit A are copies of the two alternative MUSA configurations. The following table identifies some of the pros and cons involved with each of the two alternatives: PROS CONS MUSA ALTERNATIVE 1 1. Greater flexibility 1. Higher interceptor for sewer capacity sewer cost than Alternative 2 2 . Contiguous to existing 2 . Smaller economic urban area range of housing types would be accommodated 3 . Lower Service costs- police, fire, parks, streets, etc. 4 . Focus on CR 17 corridor as planned 5. Lower future trunk sewer construction costs. MUSA ALTERNATIVE 2 1. Lower interceptor 1. Less sewer sewer cost capacity 2 . Dean Lake-high amenity 2 . Higher service area for urban costs- police, residential would be fire, school, available for earlier parks, streets, development 4 3 . Greater range of housing 3 . More focus of City types citywide. toward CR 83 corridor. 4 . Cost Analysis There are 6 different variables resulting in 8 different cost estimates, as shown on Exhibit B. The Met Council has indicated that in the previous two cost sharing agreements done with municipalities, they have always used the Lake Ann Curve Method (variable 3) rather than a straight line cost split based on percent of flow. Therefore, they would prefer to stay with that method. Also, the City will receive a $1, 325,863 credit for any of the #3 options for constructing diversion sewers which enabled MWCC to avoid replacing their interceptor along TH 101 and minimizes the cost of their reconstruction of the L-16 lift station. If option #4 is used, the City receives a credit only for our oversizing the VIP diversion sewer to benefit MWCC. Variables A and B use MUSA line #1, which gives the City the most flexibility for development and provides higher flow allocations in the pipe. Variables C and D use MUSA line #2, which reduces the City's capacity in the pipe to 15 cfs. MUSA #1 means the majority of the development will occur south, along CR 17 . This MUSA plan would need a sewer connection at point B on Exhibit C. MUSA #2 assumes the majority of the development will occur east, along CR 16 and Dean's Lake. This MUSA plan would not require an interceptor connection until point D. This connection is further east and would therefore reduce the City's cost participation. Basically, if MUSA #1 is selected, staff recommends alternative No. 3A. The City's cost would be $5. 3 million less the 1. 2 million credit or $4 . 0 million. If MUSA #2 is selected, staff recommends Alternative No. 3D. The City's cost for this option is $3 .9 million minus the $1. 3 million credit or $2 . 6 million. The total cost for this project is $23 . 35 million to construct a forcemain and gravity sewer from Chaska. The cost to build a forcemain only is $13 . 21 million, which would serve Chaska and Chanhassen, but not be available for any development in Shakopee. Originally the MWCC proposed that the City pay this difference of $10. 14 million. As can be seen, the cost proposed for Shakopee has been reduced substantially to a range of $2 . 6 million - $4 . 0 million. Staff has also determined that if the City of Shakopee decides to not use the new Chaska Interceptor, but rather build a 5 separate City trunk sewer, it would cost the City more than any alternative proposed by the MWCC. 5. Payment Methods The MWCC has indicated that there are 3 payment methods, which are also summarized in Exhibit B. Staff feels that rather than paying for the interceptor up front, the City should pay for the interceptor as it becomes used, i.e. as the MUSA expands. The terms of payment to MWCC depend on the interest rate they offer and whether the interest compounds. As of the preparation of this memo, they ere still checking on this. We could currently issue our own bonds for about 5% +/- . 25%. If they offer us a comparable interest rate that is simple interest (not compounding) and we can "prepay" principal when ever we decide, there seems to be little incentive to pay before we have to or before we get to use the increase in capacity. Five percent interest on $4 million is $200, 000 per year. Although we can invest funds at something more than 5% and theoretically interest would be a wash between earning and expense if regular payments were not made and the balance is left to grow, the public or future councils may not perceive letting the interest accumulate as a wise choice. The payments could be funded out of sewer service revenues, TIF, CIF, development impact fees or other sources. Development impact fees would blend in most directly with paying when development occurs, despite the accumulation of interest. 6. Rural Residential Density Based on the rural density analysis, there are seven sections in the City's rural service area which exceed the one dwelling unit per ten acres policy of the Met Council (Sections 9, 13, 18, 19, 24, 30 and 32) . The Met Council's Rural Service Area Policy has a series of criteria which must be met for communities which exceed the 1 per 10 density standard in order for the Met Council to support further actions such as the Chaska Interceptor Agreement. Attached as Exhibit D are the criteria which are to be complied with by the City as stated in the proposed agreement (Section 6. 1.A. 3 .b - page 6) . There are eleven items which must be incorporated into the City's Comprehensive Plan to address the higher rural density issues. Staff feels that developing the information for inclusion into the Comprehensive Plan is possible but that it 6 will take some additional staff time. Acceptance of the agreement will require that the City prepare this information and include it in the revised Comprehensive Plan amendment. 7 . CSAH 18 - Ramp Pavement City staff included the paving of the CSAH 18 ramps in the negotiation meetings. This topic has been a longstanding issue for the City, Scott County, Prior Lake and the Met Council. With the development of the Minimum Access Spacing Guidelines by the Scott County Highway Department, and the City's agreeing to work with Scott County to limit the spacing of access points on CSAH 18 and the adoption by the City of lower density standards in the rural service area, the ramps will be approved for paving by the Met Council. 8 . Land Trade Since the 1990 vacant land inventory exceeds the 1990 to 2000 land demand (2311 vacant acres vs 1953 acres of land demand) , any MUSA expansion will require a land trade per the Met Council's policy. The problem facing the City is that the amount of developable single family residential land is not adequate for the year 2000, whereas, the supply of vacant commercial/industrial land is adequate to beyond the year 2040. A change in the MUSA line will be needed within the next one to two years in order to provide adequate land area for our rapidly growing single family developments. Staff has analyzed several parcels within the current MUSA which could be deleted or "traded" in order to allow for the Year 2000 MUSA to be expanded south of the Bypass. The proposed MUSA trading properties include the NSP site and the Spande property. See Exhibit E. If these parcels were removed from the current MUSA area, the City should be able to reconfigure the MUSA line to provide for adequate future residential development areas south of the Bypass to the year 2000. MUSA land trades are processed through the Comprehensive Plan amendment which are reviewed by the Met Council. The land trade for the proposed year 2000 MUSA will be determined with the City's revised comprehensive plan amendment to be submitted after this agreement is completed. Staff has contacted the properties' owners as to the proposed MUSA trade and reviewed the impacts of the removing of the urban service designation. The NSP site is a major regional electrical facility. NSP prefers to maintain their facility with as much of a buffer and distance from other uses as possible. They have no desire to serve the site with urban services such as sewer. 7 The Spande property has been purchased by Scott County for the Shakopee Bypass project as a "total take" parcel. Much of this site will become a stormwater retention facility and again the MUSA designation is not necessary. The Scott County Engineer is not opposed to deletion from the MUSA, so long as the Met Council does not object to the creation of an island of rural service area in the MUSA. The Scott County Board will need to review and approve this action. Met Council staff has indicated preliminary approval of this deletion. The Met Council will accept reconfigurations to the year 2000 MUSA only. After the update of the MDIF, a process for creating post 2000 MUSAs will be established. The City will need to make its 2010 MUSA adjustments at that time. 9 . Chaska Interceptor Agreement The Met Council has drafted a proposed agreement to cover all of the above items. Since the actual language of the agreement will reflect the City Council decisions above, obviously any draft at this time is based on assumptions made by staff which may be incorrect. Many of the provisions in the original draft are being revised, and staff does not have a clean, current copy to provide to the City Council at the time this memo is being prepared. A copy of the agreement will be forwarded to the City Council as soon as possible, or will be placed on the table at the meeting if not received this week. ALTERNATIVES: 1. Approve the Chaska Interceptor Agreement, subject to modification by staff to conform to the Council decision on connection and payment. 2 . Modify the agreement and then approve. 3 . Reject the Chaska Interceptor Agreement. 4 . Table the decision to the September 21, 1993 meeting. STAFF RECOMMENDATION Staff recommend alternative #1, after a review and decision on the following items: 1. Select MUSA alternative #1 or 2 . 2 . Select connection point B or D. 3 . Select the payment method and time frames. 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I ^:''• ' „. i 1 .. , 4 . 1 II • 1. # 0 o{ MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S . Ekola, City Planner RE: Chaska Interceptor Agreement DATE: September 7, 1993 INTRODUCTION AND BACKGROUND: As noted in the September 3, 1993 staff report, a copy of the Chaska Interceptor Agreement was to be provided on the City Council table. Since the Metropolitan Waste Control Commission (MWCC) legal counsel has not completed their review of the agreement, a final draft agreement is not yet available. Staff would recommend that the decision on the Chaska Interceptor Agreement be tabled to the September 21, 1993 City Council meeting. Ms . Sondra Simonson, our Metropolitan Council District Representative, and Mr. Jack Frost, Metropolitan Council staff member, will be attending tonight' s City Council meeting to initiate discussions on the Chaska Interceptor Agreement . ACTION REQUESTED: Offer a motion to table the decision on the Chaska Interceptor Agreement to the September 21, 1993 City Council meeting. l3z) MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Murphy' s Landing Request for Assistance DATE: September 2, 1993 INTRODUCTION: Murphy' s Landing has elaborated on it' s request for assistance from the City of Shakopee. Copies of their business plan draft were submitted to Council members as an information only item along with the packet for the special meeting of September 2nd. BACKGROUND: The second draft of the Business Plan outlines the mission and goals for the Minnesota Valley Restoration Project (MVRP) and also lists several immediate courses of action to be taken as well as intermediate and long range plans to be pursued. A meeting has been scheduled for September 8th with staff members from Scott County. It is anticipated that a joint memo will emanate from this meeting which will be sent to both the Scott County Board of Commissioners and the Shakopee City Council . The MVRP Board has specifically requested approximately $40, 000 in inkind assistance from the City of Shakopee. This inkind assistance will, of course, have financial ramifications . The cost for the sewer improvements would be $15, 652 . 00 . A further discussion of this subject is included with Exhibit A attached (a memo from the City Engineering Technician John DeLacey) . The plumbing improvements requested would either be done by City crews or by a licensed plumber, depending upon the exact nature of the improvements and the availability of City crews . The garbage pickup would either have to be done by City park crews or under contract with a private hauler, depending upon the frequency and volume of garbage to be picked up. The utilities requested would include electric, sanitary sewer, and storm sewer services . If the Shakopee Public Utilities Commission (SPUC) would not agree to provide water and electric service at no cost the City would then have to reimburse SPUC for these services. If the City Council would choose to pay sanitary sewer costs, the City would be responsible for that portion of the bill that the City receives from the Metropolitan Waste Control Commission. Liability insurance, comprehensive insurance on the structures, contents and artifacts would be an addition to the City' s insurance coverage which is provided by the League of Minnesota Cities Insurance Trust (LMCIT) . As of this time we have not been able to determine whether LMCIT would insure historical artifacts . If they would not provide this coverage it would then be necessary for the City to obtain coverage from a private insurance carrier. Payment of the workers compensation premium would be a monetary out-of-pocket cost for the City. If an annual audit were to be paid for by the City it would be done in conjunction with the regular City audit by the City' s auditor, or it would be possible to contract for a separate audit . As of this time the City staff has not had an opportunity to calculate the precise cost, for the types of service requested in the second draft of the Business Plan. RECOMMENDATION: It is recommended that the City Council discuss these items and provide direction to staff as to whether additional funding is to be provided by the City and whether this funding will be done in conjunction with and/or contingent upon Scott County also providing the requested assistance. In that it is not known at this time whether Scott County will provide a one time $50, 000 grant it is suggested that the City Council not make a final determination to provide $40, 000 worth of assistance until Scott County' s position has been determined. The City Council should also tentatively determine whether they want to provide the repairs to the sewer lift station as outlined in Exhibit A. ACTION REQUESTED: Move to direct staff to further research the cost of providing the various services to Murphy' s Landing as discussed above if the City Council determines it wants to provide assistance to Murphy' s Landing and direct the staff as to whether this assistance will be contingent upon Scott County also providing assistance . In the event the City Council does not want to provide assistance the Council should then move to direct the staff to take no further action on financial assistance for Murphy' s Landing at this time . If the City Council directs staff to proceed it is anticipated that additional information will be provided to the City Council for action at the September 21st City Council meeting. If the City Council deems it desirable to have an additional meeting with the Scott County Board of Commissioners the City Administrator should be so instructed at this time. TW\DRK\Murphy Attachment A Memo To: Dennis R. Kraft, City Administrator From: John H. DeLacey, Eng. Tech III Subject: Murphy's Landing lift station repair Date: September 3 , 1993 Introduction: City Council has directed the Engineering Department to investigate the sewer system at Murphy's Landing and Memorial Park and to make a recommendation as to the feasibility of connecting Murphy's Landing and Memorial Park to a gravity sewer line. Background: The City of Shakopee has been asked by the Murphy's Landing Board for financial assistance to repair one of the lift stations at Murphy's Landing that has broken down and is requiring daily pumping by a "honey wagon" . At their August 17, 1993 meeting City Council directed staff to prepare a feasibility study on the sewer system at Murphy's Landing and to look at how the comfort station at Memorial Park is served and to determine whether it would be feasible to serve both properties with gravity sewer. The comfort station at Memorial Park is served by a forcemain that pumps into the MWCC forcemain that follows Hwy. 101. Staff has researched the possibility of serving these two sites with gravity sewer. There were two locations that were considered for a possible connection for gravity service (see attached map) . One location is the V. I .P interceptor sewer approximately 2200' east of Shenandoah Drive. The other location is a manhole on 1st Ave. approximately 1000' east of Marschall Road. Neither sewer location is feasible due to existing sewer grades. Murphy's Landing asked for quotes from Bohn Well Drilling and Associated Well Drilling to repair the lift station. Bohn Well Drilling was the only company to reply. Staff has also contacted Waldor Pump and asked them to provide the city with a quote to prepare the lift station. Staff also asked Waldor Pump to give a price to provide and install a temporary pump in the lift station that could be utilized until the final repair was complete. Waldor Pump has provided us with a quote to repair the lift station and to provide a temporary pump for the interim period until the lift station is repaired. At their special meeting on September 2, City Council authorized staff to have Waldor Pump install the temporary pump for a not to exceed figure of $1, 175. 00. During our discussions with Waldor Pump, staff discovered that the quote Murphy's Landing had received from Bohn Well Drilling was actually a quote from Waldor Pump to Bohn to do the work. In their proposal to repair the lift station, Bohn gave three options for consideration along with their recommendation as to which option they felt would be best. Basically the three options are as follows: Option No. 1. Repair existing pumps. This option would only repair the existing pumps and leave the rest of the equipment in the lift station the same. This option will not bring the lift station to current codes. Cost = $6,500.00 Option No. 2 . Replace existing pumps and equipment necessary to install new pumps and utilizing the existing control panel located in a building approximately 300' away. Cost = $12,500. 00 (Note: Option No. 2 would not bring the lift to present day codes. ) Option No. 3. Replace existing pumps and equipment necessary to install new pumps along with replacing the existing control panel and locating it near the lift station. Cost = $16, 100.00 The aforementioned options are from Bohn's proposal to Murphy's Landing. The proposal recommends option No. 3 . Waldor Pumps proposal is identical to Bohn's except they do not even consider Option No. 1. Their costs for Option No. 2 and 3 are as follows. Option No. 2 . Cost = $11,929.25 Option No. 3 Cost = $15, 652 .00 Staff has reviewed this proposal and looked into other possible alternatives. We concur that Option No. 3 would best provide a reliable sewer service for Murphy's Landing at this particular pumping site. We also feel that due to the lower cost and their expertise in the installation and maintenance of lift stations Waldor Pump should be considered to perform the lift station repair. Staff has inspected the lift station and has determined that the structure itself is still in good shape and would not require replacement. Staff would also like to point out that the average "design life span" for lift station equipment is 20 years. According to city records, this lift station was installed around 1973 . With the installation of new pump equipment and a new control panel along with good maintenance this lift station should last another 20 - 30 years. Staff would like to point out that there is a second lift station at Murphy's Landing that we would like to further investigate as to whether or not it meets present day codes. Murphy's Landing personnel have indicated that they have not had any problems with the pump equipment. Staff is recommending that funding for this improvement be allocated from the general fund balance. Alternatives: 1. Do nothing 2 . Authorize Waldor Pump to repair the lift station as recommended in Option No. 3 at a cost of $15, 652 . 00. 3 . Direct staff to attempt to obtain more quotes for repair of the lift station. Recommendation: Staff recommends alternative No. 2 . Staff is very familiar with Waldor Pump and feels confident that their quote fairly represents the work to be performed. Also Option No. 3 is recommended which would provide Murphy's Landing with a lift station that meets present day codes. Requested Action: Authorize staff to notify Waldor Pump to proceed with the repair of the lift station at Murphy's Landing according to Option No. 3 at a cost of $15, 652 .00 with funding to be allocated from the general fund balance. ' " Ni I%um Ifili Fig dilttiiiii E...I��riii* win =mint 1 yl 7 � 5 14 \ _ 0 > VIKIMG STEEL ROAD 73 I nz7 00 x TI Or- II 0N D n DO Z IO'11 —1Z O --I r;2 \ 1I = n 0 PVd N 71 N 441 v T 71 IT7 . O D /V 73 r.1 N C O 0 0D Z7 • _. 0 i - z N 1N D v N D -1 Z O Z 0 • t. Z m 3 i ,. 0 D t1 e APD HISTORIC MIMICS wig +A LIVING HISTORY MUSEUM' .e 1840.1890,w 2187 EAST HIGHWAY 101 SHAKOPEE, MN 55379 (612) 445-6901 THIRD DRAFT BUSINESS PLAN SEPTEMBER 7, 1993 } Third Draft Business Plan September 7, 1993 ' L SITUATION ANALYSIS • A. Background of Murphy's Landing 1. Murphy's Landing is a living history park that interprets life in the Minnesota River Valley from its earliest settlement, 1800 BC to 1890 AD. The corporation is a 501 c(3) non-profit organization. The site is unique • in its ability to bring the lives and culture of the early residents of the Valley into focus. Nowhere else in the United States can visitors be so close to the actual activities of frontier living. Visitors are in the middle of the construction of a sod cabin, ten feet away from a field when it is plowed and inside a log cabin that is being lived in as if the year were 1856 2. The site welcomes visitors through two gates, most often as part of a group or school tour that has been paid in advance. Walk-in visitors buy tickets at the ticket offices at either end of the site. From the entrances, visitors proceed at their own speed through approximately twenty sites that are • open to the public. Because of the length of the site, transportation is provided by two horse-drawn trolleys that travel up and down the main road of the site continuously. Visitors can get on and off at will. 3. The primary focus of the Landing has always been education. The Landing is one of the most curriculum-directed museums in the United States. For example, of the Model Learner Goals and Outcomes published by the Minnesota Department of Education, all but two are addressed at Murphy's Landing. The site teaches local history more effectively than most teachers can in the classroom. B. Problems 1. Unlike many educational institutions, Murphy's Landing relies on tourist dollars for support. It makes too much money from tourists to qualify for many of the philanthropic foundations' support. There is not enough local support to convince the large foundations that it is a viable Twin Cities asset, and it lacks the money to advertise for the tourist numbers. 2. Expenses exceed income. This has been the long-term problem at the site. A nonprofit educational site cannot survive on earned income alone. 3. Flood/cpnstruction: Events of 1993 have been disasterous for income. This year should have seen increased revenues due to program changes and advertising; however, flood related problems have cut admissions by 48%. For a site dependant on admissions income, this is a disaster of first magnitude. C. Mission/Goals for the Minnesota Valley Restoration Project,Inc. (Reviewed and approved by a committee of the Board of Trustees of the Minnesota Valley Restoration Project, Inc. on June 17, 1992.) 1. To restore and preserve records, artifacts, and historic buildings of the • Minnesota River Valley located at Historic Murphy's Landing. 1 Third Draft Business Plan September 7, 1993 2. To provide a research program to support the interpretive theme of Murphy's Landing for both internal requirements and students of the history of the Minnesota River Valley. 3. To promote quality educational programs and historic interpretation depicting life by the early settlers of the Valley from 1800 BC-1890 AD. 4. To continue to develop and operate under a long-range master plan consistent with the original concept; with amendments only upon sound approval by a certified historical consultant(s). 5. To be fiscally responsible and to strive to become financially independent through programs, exhibitions, and activities that do not compromise the historical integrity of the interpretation of Historic Murphy's Landing. D. Immediate Courses of Action 1. Restructure Board of Trustees- Fill vacant slots by recruiting people with specific expertise in marketing, fundraising and finance. 2. Incorporate a strong committee structure. 3. Launch aggressive membership and fundraising activities. 4. Open 1994 season with new format. a. Emphasize educational focus in solicitation to perspective foundations. • b. Site more open to the public (1) DNR Trail (2) Open areas (3) Fence individual buildings c. Younger/lighter format E. Intermediate and Long-Range Plans 1. Establish a Development Committee charged with soliciting corporate, individual and foundation support. 2. Seek grants that have an emphasis on the educational aspects of Murphy's Landing. • 3. Develop a long-term marketing strategy and program. F. Conclusions In the past year(1992-93) Murphy's Landing has made considerable advances in a number of areas. The Landing developed and implemented a credible interpretive program, found help to restore buildings, came to an agreement with DNR over the Minnesota River Trail, received a grant from the Minnesota Humanities Commission, applied for an IMS (GOS) grant that it could not have qualified for a year ago, began the restructuring of the Board • of Trustees, doubled volunteer hours, increased admissions by 16% and made major inroads in cataloging and storing artifacts. 2 Third Draft Business Plan September 7, 1993 - Both 1992 and 1993 were poor years for the outdoor tourist industry. Flooding and construction in 1993 created an extremely difficult situation • during a period of growth. The flooding has, however, brought new offers of support. Murphy's Landing will utilize the new resources to implement its current plans, revitalize the Board and stabilize its finances during the winter of 1994. • IL FINANCIAL STRATEGY A. Identify immediate monies to provide for most pressing needs. 1. Pay off IRS $43,000 including penalties (This is not continuing to grow; the problem was corrected in March 1993.) 2. Pay off creditors - $40,000 • • 3. Fund a Business Manager- $25,000 • 4. Advertise site for Folkways of Christmas- $2 5 B. How It Would Help 1. Stop the acute hemorrhage 2. Give us time to develop other sources of income that are immediate & long-term C. How Much Do We Need? . 1. Long-term "in-kind" assistance a. From City- $40,000 In Kind. The following are services that could be provided: (1) Sewer repair- $16,000 (2) Pumping - $12,000 (3) Garbage pick up - $2,200 (4) Utilities- $11,000 (5) Storm sewer- $1,300 (6) Liability, Comprehensive Insurance on Structures, Contents & Artifacts - $10,400 (7)1 Workers' Compensation Premium- $5,600 (8) Pay for Annual Audit - $6,000 2. $150,000 in cash a. County - $50,000 one time grant (1) Development and implementation of a plan with donated media. The following have been confirmed: (a) Cities 97 radio station • (b) KSTP radio station (c) Voice talent production person (d) Twin Cities Reader (e) City Pages (f) Naegle Outdoor(53 Billboards) 3 ,.,_'.�:.......«....'.a - ..-.rte----.�r�, .....•x ..:.- -..__ _ .. >. . _.......r........�_._. . ---. ... -,t • ' Third Draft Business Plan September 7, 1993 (g) Shakopee Valley News, Chaska Herald, Eden Prairie News, Jordan Independent, Prior Lake American and Chanhassen Villager (h) Corporate Report Magazine • (i) Skyway News • (j) Ad designs are confirmed (k) WLTE radio station (1) Minnesota Parent (2)Mailing and production costs for an annual fund drive (3) Creation of brochure (4) Ad campaign for Folkways of Christmas b. Minnesota Non-Profit Assistance Fund - $100,000 loan (1) Pay Creditors - $80,000 (2) Fund Business Manager for six months- $12,000 D. How to Pay Money Back 1. Increase Income a. Membership Drive Goal - $10,000& 350 new members in December 93 b. Fund Drive Goal $50,000 in February 93 c. Increase Admissions - Ad campaign aimed at Folkways in December 93 d. Additional Grants -these take a minimum of 3 months to develop and would not appear before 94 e. Foundation Support - an effective foundation search takes about one • year lead time. 2. Decrease Overhead a. Adopt House Program would save $21,000 b. Use Boy Scout for maintenance purposes to save an estimated $5,000 c. Increase volunteer support of professional services ( Contact Chairmen of Retirement Committees of Large.Corporations like Honeywell, Cargill, Multifood, Unisys, IBM, Pilsbury 3M and Large Banks). This could save$35,000. d. Negotiate with DNR to provide fencing and restrooms, $25,000 e. Pursue current relationship with SCORE and SBDC for financial advice/assistance, $25,000. D. Repayment Schedule Increased revenues with decreased expenses in 1993-94 total approximately $200,000. Approximately $150,000 of this would be required for operations based on expanded number of visitors and to make up the annual shortfall experienced since 1990. This would leave $50,000 to service debts annually. Thus we would expect to repay all debts within three years - 1994, 1995 and 1996. 4 HISTORIC M�" III tS LIMINg *A LIVING HISTORY MUSEUM' -r1840-1890� 2187 EAST HIGHWAY 101 SHAKOPEE, MN 55379 (612) 445-6901 SECOND DRAFT BUSINESS PLAN AUGUST 24, 1993 Second Draft Business Plan August 24, 1993 I. EXECUTIVE SUMMARY A. Discussion of Murphy's Landing 1. Murphy's Landing is a living history park that interprets life in the Minnesota River Valley from its earliest settlement, 1800 BC to 1890 AD. The corporation is a 501 c(3)non-profit organization. of the s unique focus.ts No ability else bring the lives and culture of the early residentsValley in the United States can visitors be so close to the actual activities of frontier living. Visitors are in the middle of the construction of a sod cabin, they are ten feet away from a field when it is plowed and walk into a log cabin that is being lived in as if the year were 1856. 2. The site welcomes visitors through two gates,most often as part of a group or school tour that has been paid in advance. Walk-in visitors buy tickets at the ticket offices at either end of the site. From the entrances, visitors proceed at their own speed through approximately twenty sites that are open to the public. Because of the length of the site, transportation is provided by two horse-drawn trolleys that travel up and down the main road of the site continuously, visitors can get on and off at will. 3. The primary focus of the Landing has always been education. The landing may be the most curriculum directed museum in the United States. For example, of the Model Learner Goals and Outcomes published by the Minnesota Department of Education, all but two are addressed at Murphy's Landing. The site teaches local history more effectively than most teachers can in the classroom. B. Problems Murphy's Landing is neither fish nor fowl, it is an educational institution that relies on tourist dollars for support. We make too much money from tourists to qualify for many of the philanthropic a foundationsre support,able local assett and we havel nevr had the port to convince the large foundations that money to advertise for the tourist numbers that would be needed to survive. 1. Expenses exceed income, this has been the long term problem at the site. An educational site is difficult to make show a profit. 2. Flood'construction: Events of 1993 have made a difficult situation impossible. This year should have seen increased revenues due to program changes and advertising, flood related problems have cut admissions by 48%. In a site dependant on admissions income, this is a disaster of first magnitude. C. Mission/Goals For the Minnesota Valley Restoration Project, Inc. (Reviewed and approved by a committee of the Board of Trustees of the Minnesota Valley Restoration Project, Inc. on June 17, 1992.) I. Restoration and preservation of records, artifacts. and historic buildings of the Minnesota River Valley located at Historic Murphy's Landing. II. Provide a research program to support the interpretive theme of Murphy's Landing for both internal requirements and students of the history of the Minnesota River Valley. 1 Second Draft Business Plan August 24, 1993 III. Promote quality educational programs and historic interpretation depicting life by the early settlers of the Valley from 1800 BC-1890 AD. IV. Continue to develop and operate under a long range master plan consistent with the original concept; with amendments only upon sound approval by a certified historical consultant(s). V. To be fiscally responsible and to strive to become financially independent through programs, exhibitions, and activities that do not compromise the historical integrity of the interpretation of Historic Murphy's Landing. D. Immediate Courses Of Action 1. Restructure Board of Trustees 2. Survive 1993 3. Close site from December 1993 to May 1994 to reorganize 4. Reopen May 1, 1994 with a new format. a. Emphasis on education to make the site more attractive to foundations. b. Site more open to the public (1) DNR Trail (2) Open areas (3) Fence individual buildings c. Younger format E. Intermediate and Long Range Plans 1. Establish a Development Committee that would make a serious search for foundation support. 2. Seek grants that would have an emphasis on the educational aspects of Murphy's Landing. 3. Develop a long term marketing strategy and program that would make the Landing accessible to more vistors to achieve the potential described in the 1981 study. • F. Conclusions • In the past year(1992-3) Murphy's Landing has made considerable advances in a number of areas. The Landing has developed and implemented a credible • interpretive program, found help to restore buildings, come to an agreement with DNR over the Minnesota River Trail, received a grht fr m the Minnesota Humanities we could not have qualified for a year Commission, applied for an IMS (GOS) grant ago,begun the restructuring of the Board Of Trustees, doubled volunteer hours, increased admissions by 16% and made major inroads in cataloging and storing artifacts. Both 1992 and 1993 were poor years for the tourist industry. Flooding and construction in 1993 have created an extremely difficult Btturngbene growth. flooding has ,however brought new offers situation efore accessible. I Landingcan use the Winter resources can be found to implement current plans, Murphy's months of 1994 to restructure into a more survivable format. 2 Second Draft Business Plan August 24, 1993 II. FINANCIAL STRATEGY • A. Find immediate monies to provide for most pressing needs. 1. Pay off IRS $43,000 including penalties (This is not continuing to grow, the problem was corrected in Mar 1993.) 2. Pay off Creditors $40,000 3. Fund a Business Manager $25,000 4. Advertise site for Folkways of Christmas B. How It Would Help 1. Stop the Acute Hemorrhage 2. Give Us Time to Develop Other Sources of Incom?that are Immediate &Long Term C. How Much Do We Need? 1. Long term "in-kind" assistance a. From City - $40,000 In Kind . (1) Sewer (2) Plumbing (3) Garbage Pick up (4) Utilities (5) Liability, Comprehensive Insurance on Structures, Contents & Artifacts (6) Workers' Compensation Premium (7) Pay for Annual Audit 2. $150,000 in cash a. County- $50,000 one time grant (1) Develop and implement a marketing plan with donated media. -Naegle has donated up to 53 bill boards for late • October/November($25,000 value) -Brochures with donated design work and paper - Television ad with production costs donated (2) Mailing and production costs for a fund drive and membership drive b. Minnesota Non-Profit Assistance Fund - $100,000 loan (1) Pay Creditors- $80,000 (2) Fund Business Manager for six months- $12,000 D. How to Pay Money Back 1. Increase Income a. Membership Drive Goal $10,000 & 350 new members in Dec 93 b. Fund Drive Goal $50,000 in Dec 93 c. Increase Admissions - Ad campaign aimed at Folkways, Dec 93 n 3 Second Draft Business Plan August 24, 1993 d. Additional Grants-these take a minimum of 3 months to develop and would not appear before 94 e. Foundation Support an effective foundation search takes about one year, we need the resources and time to mount such a campaign. 2. Decrease Overhead a. Adopt House Program would save $21,000 b. Use Boy Scout for Maintenance Purposes an estimated $5,000 c. Increase Volunteer Support of professional services ( Contact Chairmen of Retirement Committees of Large Corporations like Honeywell, Cargill, Multifood, Unisys, IBM, Pilsbury 3M and Large Banks.) This could save $35,000. d. Negotiate with DNR to provide fencing and restrooms, $25,000 e. Pursue current relationship with SCORE and SBDC for financial advice/assistance, $25,000. D. Repayment Schedule Increased revenues and decrease in expenses total approximately $200,000. Approximately $150,000 of this would be required for operations based on expanded number of visitors and to make up the annual shortfallsweperienced since 1990. This would expect to repay all debts would leave $50,000 to service debts annually. Th within three years. • • • • • 4 - CONSENT I � MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Applications for Liquor Licenses - Springers on Main DATE: September 2, 1993 INTRODUCTION AND BACKGROUND: The police department is continuing to conduct the customary background investigation for the license applications from Springers on Main. They have requested additional information from the applicant to complete their investigation. Todate they have not received the said information and will therefore not be able to complete their investigation in time for the City Council meeting on September 7th. It is recommended that the applications tabled at the last City Council meeting to the September 7th meeting be placed back on the table. RECOMMENDED ACTION: Remove the applications for liquor licenses from Springers on Main, Inc. from the table. Table the on sale, Sunday on sale, and off sale intoxicating liquor applications from Springers on Main, Inc. , 911 East First Avenue. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Liquor Licenses - Springers on Main -•• . DATE: September 7, 1993 INTRODUCTION: The City has received applications for on sale and Sunday intoxicating liquor licenses from Springers on Main, Inc. The applications are now presented to City Council for their consideration. BACKGROUND: The City has received applications for liquor licenses from Springers on Main, Inc. The application is in order: the required license fee has been received, the required certificate of insurance is in order, and minor repairs are being made to the building per the request of the building inspector. The police department has conducted the customary background investigation and their report is attached. The City Attorney has advised me that the Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. ALTERNATIVES: 1. Approve applications and grant licenses 2 . Refuse to grant the applications, stating the reasons therefor, and do not grant licenses 3 . Table RECOMMENDATION: Unless Council has reasonable cause to do otherwise, staff recommends alternative No. 1. RECOMMENDED ACTION: 1. Remove applications from the table. 2 . Approve the applications and grant on sale, and Sunday intoxicating liquor licenses to Springers on Main, Inc. , 911 East 1st Avenue, and authorize delivery of the licenses upon issuance of a certificate of occupancy by the building inspector. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Liquor License Investigation - Springers on Main DATE: 09 07 93 INTRODUCTION: At the request of the City Clerk, the Police Department conducted a license investigation for Springers on Main. BACKGROUND: Normally, the Police Department is requested to conduct background investigations on applicants for liquor licenses. These investigations are conducted to provide some level of assurance that the applicants meet the standards required by City Ordinance and State Law. A summary of the investigation conducted by Detective Lawrence is attached to this report. Two items warrant additional comments. first, one of Mr. Mathison' s hobbies is motorcycles. The name of the establishment is Springers on Main. A springer is a type of motorcycle front suspension and also refers to certain Harley Davidson motorcycles. It is reasonable to assume that if this license is granted, large enough numbers of motorcycles to attract attention will be parked in front of the building. Second,the apparent cash on hand of the applicants would normally cause some questions to be raised. In this case, however, the investment by applicants is minimal so while the question is not raised by the Police Department, Council may wish to consider it. Nothing discovered in the investigation conducted by Detective Lawrence would preclude the applicants from being issued the license requested. CONSENT 1 MEMO TO: Dennis R. Kraft, City Administrator Ctr/ FROM: Judith S. Cox, City Clerk RE: Premises Permit - Optimist Club of Burnsville DATE: September 2 , 1993 INTRODUCTION AND BACKGROUND: The City has received an application from the Optimist Club of Burnsville for a pull-tab premises permit at Canterbury Inn. As you are aware, the current city code only requires that an organization expend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. The gambling manager, Vern Carothers, has been advised of the city's requirements. It is my understanding that the Optimist Club contributes their profits to organizations who meet the state gambling requirements; and, that they plan to do so to organizations within the city's trade area. RECOMMENDED ACTION: Offer Resolution No. 3680, A Resolution Approving A Premises Permit for the Optimist Club of Burnsville, and move its adoption. OPTIMIST CLUB OF BURNSVILLE 12725 DUPONT AVENUE SOUTH BURNSVII.LF,MINNESOTA 55337 (612)894-6230 addressing the total health of communities in our area, the Optimist Club of Burnsville,with fund raising _r'come in excess of$135,000 from 10/89 thru 6/93 has made the following contributions and donations: • "-Io major grants totaling$95,180. • Community Action Council of Dakota County — Supporting nearly 300,000 units of emergency services provided to Dakota County residents. Services include: food, clothing, transportation, housing,Armfull of Love,women's shelter, county information and referral, day care referral, sexual assault services, chemical health and the Multi Service Center. • Success Dynamics — Working with youth aged 8 thru 15, they stress the value of self esteem as a means of drug abuse prevention. They utilize 6th, 7th and 8th grade students to make presentations to students. They have spoken to over 20,000 young people in the last three years. They also provide a free monthly newsletter, "Positively YOU," that goes to over 300 young leaders each month. Ocher grants totaling $39,820 were made to: • Special Olympics — Sponsored athletes and activities over the last 10 years • Y.M.C.A. — Camperships and supplies • Dakota Inc. —Training special individuals for job placement 6> Dakota County Extension Services— Youth counseling and drug abuse prevention • Burnsville Crime Fund — Support of D.A.R.E. programs Cub Scout Pack 445 — Pack sponsor, Pine Wood Derby,Awards etc. • A.R.C. —Training special individuals o Community families in need • Safety vest for Eagan Police Department O Pound Puppies for Burnsville Fire Department to give to children ' Red Ribbon Campaign • Burnsville drug free High School Party o Rosemount drug free High School Party • School district 196 —Hearing impaired class • Akin School — Nebulizer for asthmatic students • Jim Pahula — 45 youth trampoline meet G Optimists Youth Camp for Minneapolis Noon Optimist Club — Cabin restoration • Camp friendship — Camperships for special youths • Burnsville Gymnastics —Expenses for junior high meet o School District 191 — Nebulizer for asthmatic students o Hospitality House — inner city youth Golden Spikes — Youth volley ball meet o T.C. Twisters — Youth trampoline meet • Young Life — Youth equipment • Hidden Valley Elementary School - Safety patrol program • Gypsy Boosters— Gymnastics meet for 45 youth O Camp New Hope — Camperships © WOW — Watch on Wheels — Youth crime prevention • Affirmation Enterprises— High school age self esteem counseling • Kaiser Roll — Sponsored wheel chair competitors • Bike Safety Rodeo • Junior World of Golf RESOLUTION NO. 3860 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE OPTIMIST CLUB OF BURNSVILLE • 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, the Optimist Club of Burnsville is seeking a Premises Permit for Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, 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 Optimist Club of Burnsville at Players Bar and Grille, B/W Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota, be approved. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of September, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney l� � Memo To: Dennis R. Kraft, City Administrator From: David E. Hutton, Director of Public Wor Subject: Federal Flood Disaster Relief for 1993 Flood Date: August 18, 1993 Introduction: The City of Shakopee has been notified by Scott County that we are eligible to apply for disaster relief funds from the Federal Government for public lands. Background: Staff attended a June 22 , 1993 meeting for Scott County local governments and townships at which the eligibility requirements for the Federal Flood Disaster Relief Fund for public agencies was explained. It appears that Shakopee would be eligible to apply for approximately $3 , 000 in relief funds (mostly for Public Works supplying sand and bags for flood fighting) . Staff has discussed this with the Police Department and they stated that any costs they had during the flood was covered by their normal day to day activities. Given the extent of the flood damage nationwide, and the shortage of federal funding for relief, staff feels that it would be inappropriate for the City of Shakopee to request any monies from this fund. This is being brought to City Council's attention for any comments they may have. Recommendation: Staff recommends that the City of Shakopee decline to apply for Federal Flood Disaster Relief due to the relatively small cost incurred by the City and the much greater need in other areas of the nation. Requested Action: Move to direct staff to notify Scott County that the City of Shakopee will not be applying for Federal Flood Disaster Relief due to the shortage of federal funding and a much greater need for funding in other areas of the country. STREET DEPARTMENT COST INCURRED DURING FLOOD Employee' s time: Date Employee Hours Hourly rate Total 6/23 Harry Pass 5 17. 26 86.31 Wed Bill Egan 5 11.58 57.90 Joe Honermann 5 13 .81 69 . 05 Todd Brinkhaus 5 13 .81 69. 05 Bill Doege 2 13 .81 27. 62 6/24 Gene Jeurissen 2 13 .92 27 . 84 Thurs Keith Weckman 2 11. 69 23 . 38 Bill Doege 2 13 .81 27. 62 6/25 Gene Jeurissen 2 13 .92 27.84 Fri Keith Weckman 2 11. 69 23 . 38 Joe Honermann (Call Back) 2 20.715 (1 1/2) 41.43 6/26 Keith Weckman (Call Back) 2 11. 69 (1 1/2) 35. 07 Sat 6/27 Keith Weckman (Call Back) 2 11. 69 (1 1/2) 35. 07 Sun 6/28 Gene Jeurissen 1 13 .92 13 .92 Mon Jerry Dircks 1 13 . 80 13.80 Sub Total $579.28 + benefits (32%) 185. 36 Total Salaries $764.64 Equipment Used Pump 1. Rental - 6/24-28/93 $200/day $600. 00 2 . Maintenance work done on pump $293 .82 Pump (Small) $30/day 24 hours $ 30. 00 Loader 1 hour $ 90. 00 Trucking - 8 @ $24 . 00 $192 .00 1000 Sandbags $350.81 Total Equipment Cost $1556.63 Amount of Sand Used Valley Haven - 42 tons of sand x $6.75 per ton = $283 .50 Dangerfields - 13 tons of sand x $6.75 per ton = $ 87.75 Total materials $371.25 GRAND TOTAL OF ALL COSTS $2692.52 PUBLIC ASSISTANCE PROGRAM * GRANT PROGRAM - 75% FEDERAL, 25% STATE AND LOCAL COST SHARE • ELIGIBLE APPLICANTS - STATE AND LOCAL GOVERNMENTS AND CERTAIN PRIVATE NON-PROFIT ORGANIZATIONS * STATE MANAGES PUBLIC ASSISTANCE PROGRAM - ADMINISTRATIVE EXPENSES PAID TO STATE BY.. FEMA * ADMINISTRATIVE ALLOWANCE PAID TO STATE, LOCAL AND PRIVATE NON- PROFIT APPLICANTS BY FEMA * TYPES OF WORK AND DAMAGE COVERED BY PUBLIC ASSISTANCE PROGRAM \ 0 Cateaory A - Debris Clearance Clearing of disaster caused !S / debris from public and private property. 1.� \k\ /\\\.9 \ Category B - Emergency Protective Measures Search and rescue, - < flood fighting and similar emergency operations . Cateaory perations . Cateaory C - Roads and Bridges Restoration of damaged road systems such as washed out roads and culverts. Cateaory D - Water Control Facilities Restoration of damaged e dams, levees , drainage ditches and similar facilities . Cateaory E - Buildings and Equipment Restoration of damaged 1\ buildings, building contents and equipment. Category F - Utility Systems Restoration of water, sewer, and electric utilities including plants and distribution systems. Category C - Parks , Recreation and Other Restoration of parks , recreation facilities and other types of damaged facilities that do not fit in other categories . * FEMA/STATE INSPECTION TEAMS SURVEY DAMAGE WITH APPLICANTS AND .. PREPARE DAMAGE SURVEY REPORTS (DSRs) . * DSRs ARE APPROVED BY FEMA AND PROCESSED TO THE STATE * THE STATE PROCESSES APPROVED DSRs TO APPLICANTS AND PROVIDES FEDERAL AND STATE FUNDS APPLICANT RESPONSIBILITIES IN DAMAGE SURVEY REPORT (DSR' OPERATIONS In preparation for the Federal-State inspection team, applicants should take the following actions in order to expedite the preparation of damage survey reports (DSRs) and to help produce more accurate estimates. 1 . Identify all damage sites and mark the damage site locations on a map before the inspection team arrives. 2 . Compile actual documented costs for all work completed before the inspection team arrives. The documented costs for completed work must be broke down to show force account labor, equipment and material or contract costs by location and by type of work such as debris clearance or road repair. 3 . The local representative must be prepared to show damage sites to the team and to provide the documentation for actual costs of completed work as noted above. 4 . The local representative should assist with developing estimates for work to be completed based on past experience and local prices. 5. The FEMA equipment rate schedule must be used for all force account equipment use unless an established local schedule is less or unless a State schedule is normally used by the applicant. 6 . Provide information on insurance coverage and insurance settlements that may cover any damaged facilities . 7. Provide copies of codes or standards if any upgrades are proposed to conform to codes or standards. 8 . Maintain records to document costs for disaster recovery work. Costs must be documented for each approve- damage survey report (DSR) . CONSE1T MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: August 27, 1993 RE: Conveyance of Lift Station Site to MWCC BACKGROUND: In 1982 the Metropolitan Waste Control Commission and the City entered into an agreement whereby the MWCC turned certain land back to the City. The City was to give the MWCC title to the land under their lift station, but apparently the deed never was executed. During the repair of the lift station this summer they discovered that title to the land still is in the name of the City. A copy of a letter from the MWCC is attached. I have checked with Dave Hutton, who researched the matter. He determined that we do indeed still own the land, and that we do not want to own the land. (It is just a liability for us. ) Therefore, we recommend that the City Council authorize the appropriate City officials to sign a quit claim deed conveying this land to the MWCC. ALTERNATIVES: 1 . Deed the land to the Metropolitan Waste Control Commission. 2 . Retain title to the land. 3 . Table this issue for further information from staff . RECOMMENDATION: Move to authorize the appropriate City officials to execute a quit claim deed conveying the lift station land to the Metropolitan Waste Control Commission. Attachment [2 7MEMO2] Metropolitan Waste Control Commission t\ � Mears Park Centre, 230 Fast Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 July 30, 1993 Mr. Dennis Kraft City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379-1376 RE: MWCC Interceptor Lift Station L-16 MWCC Project Number 920500 Repair of Shakopee Forcemain Dear Mr. Kraft: In August, 1982 , the Metropolitan Waste Control Commission (MWCC) and the City of Shakopee entered into an agreement (copy enclosed) which provided for the MWCC reconveying property back to the City of Shakopee because it was no longer needed as a wastewater treatment plant site. The MWCC did reserve an area for operation of a lift station site (L-16) . As part of the Shakopee Forcemain Repair project, MWCC staff has discovered that the original conveyance from the City of Shakopee to the MWCC was never put of record. Therefore, the title to the lift station site L-16 is still in the City of Shakopee ' s name, according to the County Recorder ' s office. In order to correct this title error, enclosed is a Quit Claim Deed for the transfer of the lift station site L-16 from the City of Shakopee to the MWCC. Please have the quit claim deed signed by the City of Shakopee and return it to Carol Johnson, Real Estate Specialist, for recording in the County Recorder ' s office. If you have any questions or need further information for City action, please call Carol at 229-2147 . S ' eCe - fi William G. Moor Director, Engineering and Construction cc: C. R. Payne, MWCC J. Roth, MWCC B. Johnson, MWCC C. L. Johnson, MWCC J. K. Matross, MWCC WGM: CLJ Equal Opportunity/Affirmative Action Employer I�� <i) tJ /3.7 C) C) 0 0 0 0 0 0 0 0 0 0 0 o x 0 r UI UI 4- r 4 w ( w w r1 C w w w w w w UI `c .o .0 .O c) Z V V V V V V VV VV VV7f La H ON a. a. 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C% In H N ON 4, VI 0% CO N 0 VI W 0% N N V N 00 N N Os 0 CO W '.O W . - CO N 0.- N H H Co0o 0 ' 0 V 0 0 V V+ 0o I--H VVI I-' 0 0 V CO VI 0 CO w w I� 0 CO 00 UI 'O • ro ro act ao H Attach to item 13j Attached is a print out showing the division budget status as of 09/7/93 for 1993 based on data entered as of that date. There appears to be a few divisions running close to their budget. Police division is running ahead but there is a budget amendment in progress for wage settlements. Included in the bill list is meal and mileage reimbursement for each of 5 firefighters attending a conference but there were no claims submitted for registration costs. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -13 0 11 MAYOR & COUNCIL 69,140 0 35,946 52 12 CITY ADMINISTRATOR 252,920 0 152,642 60 13 CITY CLERK113,100 0 70,464 62 15 FINANCE 269,480 0 170,988 63 16 LEGAL COUNSEL 155,820 0 94,279 61 17 PLANNING 294,360 0 158,642 54 18 GENERAL GOVERNMENT BUILDINGS 115,410 0 74,202 64 31 POLICE 1,309,220 0 913,286 70 32 FIRE 805,820 0 124,788 15 33 INSPECTION-BLDG-PLMBG-HTG 163,964 -1 94,690 58 41 ENGINEERING 336,380 0 174,991 52 42 STREET MAINTENANCE 684,446 0 399,678 58 44 SHOP 148,120 0 66,804 45 46 PARK MAINTENANCE 315,940 0 204,581 65 48 REFUSE COLLECTION 513,550 0 294,744 57 61 POOL 150,300 0 120,021 80 64 RECREATION 200,010 0 127,934 64 91 UNALLOCATED 110,850 0 24,887 22 TOTAL GENERAL FUND 6,008,830 -1 3,303,554 55 17 PLANNING 360,860 0 202,943 56 TOTAL TRANSIT 360,860 0 202,943 56 12 CITY ADMINISTRATOR 64,870 0 36,313 56 TOTAL HRA 64,870 0 36,313 56 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3854 - Budget Amendment for 1993 Spring Clean-Up Day DATE: August 30, 1993 INTRODUCTION: In February of 1993 the Shakopee City Council authorized the appropriate City officials to submit an application and execute an agreement with Scott County for the Spring Clean-Up Day. On Monday, August 30, 1993 the City of Shakopee received a check in the amount of $5, 004 . 00 from Scott County for costs incurred by the City in managing this year' s program. It would be appropriate at this time to amend the 1993 budget to reflect program revenues and expenditures accordingly. BACKGROUND: A grant application request was submitted in early February to Scott County to off-set costs associated with the City of Shakopee' s Spring Clean-Up Day. Scott County subsequently approved the grant application. The clean-up day was held on Saturday, May 1, 1993 . Since 1990, the Spring clean-up program in Shakopee has been offered contingent upon successfully receiving funding from Scott County. Since 1990, County grant funds and gate receipts have off- set costs associated with the program. In 1993 , gate receipts and grant funding from Scott County will once again cover all costs incurred by the City in sponsoring the program. Attached is Resolution No. 3854 , Amending Resolution No. 3720 Adopting the 1993 Budget . The budget amendment accurately reflects revenues and expenditures associated with this years program. ALTERNATIVES: 1 . Offer Resolution No. 3854, a resolution amending Resolution No. 3720 adopting the 1993 budget . 2 . Do not amend the 1993 budget . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Offer Resolution No. 3854, a resolution amending Resolution No. 3720 adopting the 1993 budget . RESOLUTION NO. 3854 A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenues County Grants $ 5,004 General Revenues Refuse Charges $ 2, 835 General Refuse Coll. Professional Services $ 7, 016 General Refuse Coll. Promotions $ 823 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 11 TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1994 HRA Tax Levy Consent Resolution No. 3852 DATE: August 12 , 1993 Introduction Attached is Resolution Number 3852 which consents to the HRA tax levy. Background State law provides that the city must consent to the levy of a tax by the HRA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 3852 , A Resolution Consenting To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City Of Shakopee, and move its adoption. RESOLUTION NO. 3852 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $26,616 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1994. 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 G. O1SENt MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Alley in Block 48, Original Plat of Shakopee DATE: September 2, 1993 INTRODUCTION: Attached is Resolution No. 3857, A resolution receiving a report and calling for a public hearing for improvements to the Alley in Block 48, Original Plat of Shakopee. BACKGROUND: On August 17, 1993 the City Council of Shakopee ordered the preparation of a feasibility report for the reconstruction of the Alley in Block 48, Original Plat of Shakopee. This alley is paved, but the pavement is deteriorated past the point of repair. In addition, the alley has a severe drainage problem with no natural outlet. These conditions make this alley an excellent candidate for reconstruction. The feasibility report has been completed and is attached for City Council review. The report recommends reconstructing the alley and adding storm sewer to alleviate the drainage problems. It should be noted that this project was not petitioned for by the property owners and will require a 4/5 vote to order improvements. ALTERNATIVES: 1. Adopt Resolution No. 3857. 2. Deny Resolution No. 3857. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3857. ACTION REQUESTED: Offer Resolution No. 3857, A Resolution Receiving a Report and Calling a Hearing on an Improvement to the Alley in Block 48 (Original Shakopee Plat), Project No. 1994-1 and move its adoption. DMN/pmp MEM3857 RESOLUTION NO. 3857 A Resolution Receiving A Report _ And Calling A Hearing On An Improvement To The Alley In Block 48 (Original Shakopee Plat) WHEREAS, pursuant to Resolution No. 3848 of the City Council adopted August 17, 1993 a report has been prepared by the City Engineer, with reference to the improvements of the Alley in Block 48 of the Original Shakopee Plat by pavement reconstruction and storm sewer and this report was received by the Council on September 7, 1993. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of the Alley in Block 48 by pavement reconstruction and storm sewer in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$10,243.75. 2. A public hearing shall be held on such proposed improvements on the 5th day of October, 1993, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1994-1 Public Improvement Program. 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 FEASIBILITY FOR THE ALLEY IN BLOCK 4S CITY OF SHAKOPEE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws '— of the State of Minnesota. Ecoe Date 8— 27- ,3 Registration No. 19133. August 1993 — TABLE OF CONTENTS — ITEM PAGE NO. Introduction1 Background 1 _ Proposed Improvements . 1 Estimated Costs . 2 Assessments and Funding2 - 3 Conclusions3 INTRODUCTION On August 17, 1993 the City Council of Shakopee ordered the preparation of a Feasibility Report for the reconstruction of the Alley in Block 48 of the Original Plat of Shakopee. The improvements to the alley were not petitioned for by the abutting property owners. Being that the project was not petitioned for, a vote of 4/5 by the City Council is required to order improvements. The alley is bounded by Holmes Street, Fuller Street, 4th Avenue and 3rd Avenue. BACKGROUND The existing alley is paved with concrete aprons and sidewalks at each end. There are no underground City utilities in the alley. The pavement is fairly deteriorated to the point where it is beyond preserving and should be replaced. The main problem with the alley is that the drainage is inadequate. The ends of the alley are higher than the middle which traps the storm water. The elevations of the abutting properties prohibits raising the alley to obtain positive drainage. The drainage problem was exasperated by the construction of an office building adjacent to the alley in the location where the stormwater runoff normally discharged. This discharge was through private property, without an easement. The existing right-of-way is 16 feet wide with 12 foot wide pavement. PROPOSED IMPROVEMENTS In order to remedy the drainage problem, this report recommends installing a catch basin in the low point of the alley and draining the'water to the nearest existing storm sewer (either Holmes -- Street or Fuller Street). In conjunction with the storm sewer, some grading may be necessary to ensure that the abutting properties have positive drainage. This report recommends constructing the alley with an inverted crown to direct the runoff to the new catch basin. The pavement would be replaced with 2" of bituminous wear course. The existing gravel base may be salvageable, but the cost estimate assumes that new gravel base will be needed. 1 ESTIMATED COSTS The estimated costs for the proposed improvements are contained in the Appendix and are summarized below: Alley Construction $ 4,600.00 Plus 10% Contingency 460.00 Subtotal $ 5,060.00 Plus 25% Engr./Admin. 1.265.00 Total Alley Construction $ 6,325.00 Storm Sewer Construction $ 2,850.00 _ Plus Contingency 285.00 Subtotal $ 3,13 5.00 Plus 25% Engr./Admin. 783.75 Total Storm Sewer Const. $ 3,918.75 TOTAL PROJECT COST $10,243.75 -- ASSESSMENTS AND FUNDING Alley reconstruction costs are 100% assessable to the abutting property owners, per the City of Shakopee Special Assessment Policy. This assessment can be calculated using a front footage basis or on a per lot basis. Front Foot Assessment Total Assessable Cost = $6,325.00 Total of 600 Foot Frontage = $10.54 Per Front Foot Each Lot has 60 Feet of Frontage = $632.50 Per Lot Assessment Per Lot Basis Total Assessable Cost = $6,325.00 Total of 10 Lots = $632.50 Per Lot Assessment 2 Regardless of the method used, the estimated assessment is $632.50 Per Lot. This report recommends utilizing the Storm Sewer Fund to pay for the storm sewer construction. CONCLUSIONS The Alley in Block 48 of the Original Plat of Shakopee is in a deteriorated condition with a severe drainage problem. As such it is an excellent candidate for reconstruction to repair the pavement and alleviate drainage problems. This report concludes that reconstruction of the Alley in Block 48 is feasible and recommends the improvements be ordered. This report also recommends that this project be constructed in 1994 and be added to the Downtown Alley Project in order to obtain the lowest bid prices. • 3 APPENDIX Project Location . 1 Project Cost Estimate . 2 Existing Storm Sewer . 3 Assessment Property Map . 4 Assessment Roll . 5 _ 1 ; i I PROJECT LOCAl I 0 N _ \ ..... 1 16•/, LER •ARK ) iisi toll '1111'1 sit r/ - % OW ►11pp � � p►d 1►1►0 goo. Ilp i . 11110 WOOS a► �� pia - ►►11p 1111 1%!% 1%4 160,d► I►�pd �tp�o X1111 �' ''''' 1 �1►► p►t1 10 &::111 41•t1 Su L fit111►►11►1110©111 Sit 111L0 US ►p 1111 . 11pp1 . 1►101►��p IhZa 11►1. p O►i11 d►p1 1i►►p ►►�►� 1►�11 11113iti a1� SO ►► ►►►►1 M um. p1►1►. 1►►a 11►dv►!! Sat We ►►►11 of sco- lilli0, V ' ►11►e ►►►►► 7- 1112601110111066SO see ►►►►► L ►gip ►►►►a itt III"'Ii ►014 d►Opd 1 1►4 p111a 11 ►p 1! © 10 Issii1►p 11,1 C ° 110 ►►►► ►1 .g SW s d �►E►o m►►X11 It Np1119� 41_ ► ►Q�►1 ►►1 1►t11 '1►►1. ►e1;1 � ftp1►11 4101 Sas see dt►►© ►►G►► ►1110 s �© . e��11°"41 SOO 11►i1 SO OS : A i �������t ' 811 1 mai as :M *� 1 was . o© v© 1�©a STATE 1 o s CORRECTIWAL Y 3 III AVE EAc>Lrrr Q �• -- 9 ,? , 1 . I t a b 5 EOR �' — — 5 ' _,fy� IIE , Slt ' VOI£N r II _� — n 1 N J 6 7 F. 2 ______= 7 6 5 G — N N —� • AVE o u env' o n a is 10'F�i� • e 16 $ o I 'f 13 !11 1 COST ESTIMATE UNIT TOTAL • ITEM QUANTITY UNIT PRICE PRICE Alley Construction Remove Pavement 400 S.Y. $1.50 $600.00 Remove Concrete Apron 450 S.F. $1.50 $675.00 Class 5 Base 400 S.Y. $2.50 $1,000.00 2" Bituminous Wear 400 S.Y. $3.00 $1,200.00 Concrete Driveway Apron 450 S.F. $2.50 $1,125.00 Alley Construction $4,600.00 Plus 10% Contingency $460.00 Subtotal $5,060.00 Plus 25% Engr./Admin. $1,265.00 Total Alley Construction $6,325.00 Storm Sewer 12" RCP Pipe Sewer 75 L.F. $18.00 $1,350.00 Catch Basin 1 EA. $600.00 $600.00 48" Manhole 1 Ea. $900.00 $900.00 Storm Sewer Construction $2,850.00 Plus 10% Contingency $285.00 Subtotal $3,135.00 Plus 25% Engr./Admin. 783.75 Total Storm Sewer Construction $3,918.75 TOTAL PROJECT COST $10,243.75 2 EXISIING STORM SFWFR 111111 t3 1 11111...... SUBJECT c / ,fALLEY r2 0, 4 7 W � � 49 0 0 LI SCOTT � COUNTY COURTHOUSE 11111 A EY II rN BOCK 4 : ASSESSED PROP RTI ES 31 - IIPB RD SUBJECT ALLEY ci'o GU i a1 snZ VI 0 n7 n n nm 0 Ld Ld N W N Y N rA t 47 � no's ~a Y Z 0 c✓ppf Om O d F- I V I W 1 I � ly i N(n N In N Z "Ii'SCOTT COUNTY COURTHOUSE • AL1EY OCK 4 ESTIMATED ALLEY IN BLOCK 48 ASSESSMENT ROLL 1 LEGAL FRONT TOTAL PID # OWNER DESCRIPTION FOOT ASSESSMENT 27-001339-0 Julie Traft N 50' of Lot 1 60.00 $632.50 325 S. Fuller BIk. 48 Shakopee, MN 55379 Shakopee City 727-001340-0 Frank Schneider&Wife Lot 2 60.00 $632.50 127 W. 4th BIk. 48 Shakopee, MN 55379 Shakopee City -'27-001341-0 Raymon & Marvel Siebenaler Lot 3 60.00 $632.50 119 W. 4th BIk. 48 Shakopee, MN 55379 Shakopee City 77-001342-0 William &Josie Norton W 1/2 of Lot 4 30.00 $316.25 338 S. Holmes Blk. 48 Shakopee, MN 55379 Shakopee City '127-001343-0 William &Josie Norton E 1/2 of 4 & 5 30.00 $316.25 338 S. Holmes Ex E 58' of N 54 Shakopee, MN 55379 1/2' of 5, Blk. 48 — Shakopee City 27-001344-0 Emil Kubiszewski E 58' of N 54 1/2' 60.00 $632.50 324 S. Holmes of 5, BIk. 48 Shakopee, MN 55379 Shakopee City -127-001345-0 Charley B Inc. Lot 6 60.00 $632.50 11080 Oregon Curve BIk. 48 Bloomington, MN 55438 Shakopee City 727-001346-0 Valley Abstract &Title Lot 7 60.00 $632.50 2255 W. 145th St. Blk. 48 Shakopee, MN 55379 Shakopee City '127-001347-0 Valley Abstract &Title Lot 8 60.00 $632.50 2255 W. 145th St. BIk. 48 Shakopee, MN 55379 Shakopee City 27-001348-0 Wade Kohlrusch Lot 9 60.00 $632.50 128 W. 3rd Avenue BIk. 48 Shakopee, Mn 55379 Shakopee City 127-001349-0 George Bango Lot 10 60.00 $632.50 5210 W. Monte Cristo Ave. Blk. 48 7 Glendale, AZ 85306 Shakopee City • — TOTAL 600.00 $6,325.00 — COST PER FRONT FOOT= $10.54 5 JURISLAI I NO‘ TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant RE: 1993 Budget Amendment Resolution No. 3856 DATE: August 31, 1993 Introduction The 1992 Police contract was settled and backpay paid in February 1993 . This created a deficit in the 1993 budget because the 1993 budget used 1991 salary figures with no appropriation for payment of the backpay still owed for 1992. The backpay portion should come from the general fund balance because it was pay for the previous year. In addition a new contract for 1993 was recently approved. Thus an amendment for the 1993 budget is warranted. Background Attached is a resolution that amends the 1993 budget to provide for the increase in salaries. Alternatives 1. Approve resolution as presented. 2 . Amend resolution and approve. 3 . Do not approve resolution. Action 1. Offer Resolution No. 3856 A Resolution amending Resolution No. 3720 Adopting the 1993 Budget and move its adoption. RESOLUTION 3856 A RESOLUTION AMENDING RESOLUTION 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount Portion for new contract: General Police Personal Services 25,170 General Unallocated Contingency (25,170) 1993 portion for 1992 contract: General Police Personal Services 31,650 General Unallocated Contingency (31,650) 1992 portion for 1992 contract: General Police Personal Services 28,670 General (28,670) 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 ILI . e_ CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3858 - Budget Amendment - Youth Baseball/Softball Association Contributions DATE: September 2, 1993 INTRODUCTION: This year the Shakopee Youth Baseball/Softball Association closed down their pulltab operations . To comply have with made gaseerng regulations and exhaust their funds, they l contributions to the City to be used for athletic equipment purchases . BACKGROUND: For the past several years, the City of Shakopee has received contributions from the Shakopee Youth Baseball/Softball Association. This Association served as the fund raising umbrella for not only baseball and softball but football, basketball and wrestling. The Association had pulltab operations in several local business establishments . The Association has recently contributed $9, 031 . 28 to the City of Shakopee to be used for purchasing equipment associated with the operations of each program (football, basketball, wrestling, baseball, softball) . Since pulltab funds varied from year to year and no assurance could be given that the Association would contribute funds to the City for athletic equipment expenditures, it has been the past practice to not budget revenues and/or expenditures associated with these programs. Typically, when funds were received a corresponding budget amendment ensued. The acquisition of supplies and equipment associated with these youth programs are eligible lawful gambling proceed uses. The Youth Baseball/Softball Association has submitted the appropriate forms consistent with pulltab operation procedures to the Gambling Control Board outlining their contributions to the City of Shakopee and the intended use of funds . It would be appropriate at this time to amend the 1993 budget accordingly to reflect the Youth Baseball/Softball Associations contributions and the projected expenditures associated with acquiring equipment for the various youth programs . Examples of the type of equipment to be purchased include; baseballs, softballs, catcher equipment, batting helmets, football pads, footballs, wrestling equipment, basketballs, etc . In future years it is likely that the City will not be receiving contributions for these types of expenditures . I'm quite sure the Association will continue to have fundraising events for equipment needs . However, they will now be able to freely expend their funds and not have to worry about Gambling Control Board Regulations. ALTERNATIVES: 1 . Offer Resolution No. 3858, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget . 2 . Do not amend the 1993 budget . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Offer Resolution No. 3858, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget . BAS/tiv RESOLUTION NO. 3858 A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenues Contribution $ 9,031 General Recreation Supplies $ 9,031 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 1114, MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler J 6---- RE: Apportionment of Special Assessments for Parkview First DATE: September 2 , 1993 INTRODUCTION AND BACKGROUND: The attached resolution apportions existing special assessments against the lots recently created as a result of the platting of Parkview First Addition. The apportionment was agreed to by the developer in the developers agreement. RECOMMENDED ACTION: Offer Resolution No. 3859, Apportioning Assessments Among New Parcels Created As A Result of The Platting of Parkview First Addition, and move its adoption. RESOLUTION NO. 3859 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF PARKVIEW FIRST ADDITION WHEREAS, on August 1, 1989, Resolution No. 3091 adopted by the City Council levied assessments against properties benefitted by construction of Vierling Drive from County ynd Road 17 easterly for approximately 3200 feet, Project #1988-1; WHEREAS, on October 20, 1992 „ Resolution No. 3688 adopted by the City Council apportioned the installments remaining unpaid against parcel 27-907015-0 as a result of the subdivision of said parcel into two parcels; and WHEREAS, the balance of parcel 27-907015-0 has been subdivided into the plat of Parkview First Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against parcel 27-907015-0 because of the platting of Parkview First Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a Developer's Agreement for Parkview First Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1 . That the 1993 payable remaining balance of assessments to parcel 27-907015-0 is $49, 297 . 43 for the 1988-1 Vierling Drive Improvement Project and is hereby apportioned as outlined in Exhibit "A" , attached hereto and made a part hereof. 2 . That all other parts of Resolution No's. 3091 and 3688 shall continue in effect. 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 Res . 3859 EXHIBIT "A" ASSESSMENT REAPPORTIONMENT FOR PARKVIEW FIRST ADDITION P.I.D. NO. PROPERTY LEGAL VIERLING DR. 1988-1 OWNER DESCRIPTION ASSESSMENT 27-177001-0 DALLES PROPERTIES LOT 1 BLOCK 1 $12,724.57 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177002-0 DALLES PROPERTIES LOT 2 BLOCK 1 $3,250.32 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177003-0 DALLES PROPERTIES LOT 3 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177004-0 DALLES PROPERTIES LOT 4 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177005-0 DALLES PROPERTIES LOT 5 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177006-0 DALLES PROPERTIES LOT 6 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 127-177007-0 DALLES PROPERTIES LOT 7 BLOCK 1 S986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177008-0 DALLES PROPERTIES LOT 8 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177009-0 DALLES PROPERTIES LOT 9 BLOCK 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177010-0 II DALLES PROPERTIES LOT 10 BLOCK 1 i $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION � S986.40 27-177011-0 i DALLES PROPERTIES LOT 11 BLOCK 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177012-0 DALLES PROPERTIES LOT 12 BLOCK 1 I $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177013-0 DALLES PROPERTIES LOT 13 BLOCK 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177014-0 DALLES PROPERTIES LOT 14 BLOCK 1 121 S. LEWIS PARKVIEW FIRST ! SHAKOPEE, MN. 55379 ADDITION , ASSESSMENT REAPPORTIONMENT FOR PARKVIEW FIRST ADDITION VIERLING DR. 1988-1 LEGAL P.I.D. NO. PROPERTY OWNER DESCRIPTION ASSESSMENT 27-177015-0 DALLES PROPERTIES LOT 15 BLOCK 1 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177016-0 DALLES PROPERTIES LOT 16 BLOCK 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177017-0 DALLES PROPERTIES LOT 17 BLOCK 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177018-0 DALLES PROPERTIES LOT 1 BLOCK 2 $3,730.54 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177019-0 DALLES PROPERTIES LOT 2 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 127-177020-0 DALLES PROPERTIES LOT 3 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION L27-177021-0 DALLES PROPERTIES LOT 4 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION !27-177022-0 DALLES PROPERTIES ' LOT 5 BLOCK 2 $986.40 I. 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION .27-177023-0 DALLES PROPERTIES LOT 6 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177024-0 DALLES PROPERTIES LOT 7 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE. MN. 55379 ADDITION :27-177025-0 DALLES PROPERTIES LOT 8 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986.40 27-177026-0 DALLES PROPERTIES LOT 9 BLOCK 2 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986 40 27-177027-0 DALLES PROPERTIES LOT 10 BLOCK 2 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 , ADDITION $986.40 ;27-177028-0 DALLES PROPERTIES i LOT 11 BLOCK 2 121 S. LEWIS 1 PARKVIEW FIRST SHAKOPEE, MN. 55379 ; ADDITION ASSESSMENT REAPPORTIONMENT FOR PARKVIEW FIRST ADDITION P.I.D. NO. PROPERTY LEGAL VIERLING DR. 1988-1 OWNER 1 DESCRIPTION ASSESSMENT - 27-177029-0 DALLES PROPERTIES LOT 12 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986 40 27-177030-0 DALLES PROPERTIES LOT 13 BLOCK 2 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION $986 40 27-177031-0 DALLES PROPERTIES LOT 14 BLOCK 2 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177032-0 DALLES PROPERTIES LOT 15 BLOCK 2 $986.40 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION 27-177033-0 DALLES PROPERTIES LOT 16 BLOCK 2 $986.40 1 121 S. LEWIS PARKVIEW FIRST SHAKOPEE, MN. 55379 ADDITION TOTAL= $49,297.43 CONSENT 00, MEMO TO: Dennis R. Kraft, ACity stAdminant istrator y Administrator FROM: Barry A. Stock, RE: Resolution No. 3855 - Budget Amendment - Community Youth Building Improvements DATE: September 3 , 1993 INTRODUCTION: Early this summer we experienced flooding problems at the Community e Youth Building. Staff lre t damage hat that hasseveral incurred andbe instaa to the building to cor l improvements which will hopefully mitigate future water problems . BACKGROUND: Flooding in the basement of the damage oto n ty the Ysheet outh Building wallss Spring caused significant Extensive discoloration and a serious mildewproblem currently exists . On Monday, August 30th the BuildingInspector d the sheet rock to determine if it should be repaired or replaced. Staff has determined that it would be more cost effective and beneficial over a long term to replace the bottom portion of the sheet rock (4 feet) with new sheet rock. Originally, I thought it could be repaired with a bleaching process and repainting. After further review, I believe replacement rather than repair should be pursued. This item was discussed at the Committee of the Whole meeting on August 25th. At that time, consensus was to recommend Council approval of the improvement . The original cost estimte presented at that meeting- $450as 10000 . 00 Dehumidifierck $3000 .repair/painting - $500 . 00, Rain gutters Quotations received on September 3rd to replace the et sheetrock ange (bottom 4 feet entire basement perimeter) and taping to keep the $1, 600-2 , 000 . I should note that we are planning bottom portion of the sheetrock three inches above the basement floor to prevent damage at a later date in the event of future water problems . We have arranged for volunteers to prime and repaint the basement . Our cost estimate for paint and supplies $250 . 00 . To remedy future water problems, staff is also proposing that gutters be installed on each side of the buld0ing.The Cost Puestimatess for rain gutters equate to approximately $4 Department will be utilized to install the gutters onheie building. IIf this solution does not alleviate the water problem, t regrading and drainage work of the area may be necessary. I believe that maintenance and security of the Youth ihlding will will be e an ongoing concern for the City. The steps proposed least allow us to utilize the entire building this winter. Staff is also proposing atuhelp the moisture problem the basement aa cost not to exceed $350 . Total cost for the improvements listed herein equate to $2 , 650 . 00 (Sheetrock replacement/taping - $1, 600 . 00, Paint - $250 . 00, Rain gutters - $450 . 00, Dehumidifier - $350 . 00) . None of the aforementioned expenses were included in the 1993 budget . Staff is recommending that these improvements be made as soon as possible . The Community Youth Building basement is used for meeting purposes . The current condition makes the basement unusable . The City' s insurance does not cover this type (basement flooding) of water damage . Therefore, staff that theserequesting improvements attached budget amendment be approvedmanner. The contingency can be completed in a timely appropriation account currently has a balance of $12 , 616 . 00 . ALTERNATIVES: 1 . Offer Resolution No. 3855, budget .resolution amending Resolution No. 3720 adopting the 1992 . Do not amend the 1993 budget . 3 . Utilize some other funding source to cover the cost of the improvements . 4 . Attempt to repair sheetrock rather than replace ($500 . 00 vs . $1, 600 . 00) and proceed accordingly with budget amendment . 5 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Offer Resolution No. 3855, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget . RESOLUTION NO. 3855 , A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Amount Fund Division Account ($ 2,650) General Unallocated (Contingency) General Recreation Supplies $ 2,650 Adopted in session of the City Council of the City of Shakopee, 1993. Minnesota, held this day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney */5-C:‘ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT; Fire Department Boat DATE: September 7, 1993 INTRODUCTION: Staff is requesting authorization to retain the to acocess the iFire anDepartment ODowd Lake foboat for use r maintenance y the Public Works Department for purposes of using it activities and litter pick-up. BACKGROUND The Fire Department is in the process of purchasing a new rescue boat. They have indicated that the existing boat no longer serves their needs and currently the Finance Director is proposing to sell the boat at the upcoming Hennepin County auction. of The City of Shakopee owns five islands in O'Dowd r h�e Publ cThese Works Departmentetoly cleanfull up litter and trash and there has been some requests the islands. Currently the Public Works Department does not have any method for getting out to the islands for this maintenance activity. Staff feels that it would be appropriate to retain the old Fire Department boat for this purpose. The other options would be to rent or borrow a boat for this purpose. The Fire Department does not believe that their new boat should be utilized for this purpose. ACTION REQUESTED: Move to approve of the transfer of the boat from the Fire Department the Public Works Department and eliminate it from the Hennepin County auction. DEH/pmp BOAT