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HomeMy WebLinkAbout01/17/1995 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA JANUARY 17, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7 ) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approval of Minutes of December 20, 1994 and January 3 , 1995 10] Communications: None 11] PUBLIC HEARINGS: None 12] Recommendations from Planning Commission: *a] 1980 Comp Plan Amendment - Rahr Malting Private Waste Water Treatment Facilities - Res. No. 4153 13 ] Reports from Staff *a] Automatic Clearing House Contract With Marquette Bank b] Trunk Sewer Charge Policy c] Approve Purchase of A Street Sweeper d] 1995 Pay Plan for Non-Union Employees - Res. No. 4158 e] Storm Drainage Bonding *f] Approve Bills in the Amount of $3 , 120, 641. 43 ($2 , 585, 077 . 50 is for debt service payments) g] Sanitary Sewer Comprehensive Plan *h] Approve Purchase of A 1995 Dump Truck i] Sick Leave TENTATIVE AGENDA January 17 , 1995 Page -2- 14 ] Resolutions and Ordinances: *a] Res. No. 4154 - Accepting Work on Minnesota/Dakota/Alley, Project No. 1993-5 *b] Res. No. 4155 - Accepting Public Improvements for Maple Trail Estates 1st Addition *c] Res. No. 4156 - Setting Hearing on Installing Water Services on CR-16, Project 1995-3 15] Recess for an executive session to discuss matters permitted under attorney-client privilege 16] Re-convene 17] Other Business: a] b] c] 16) Adjourn Dennis R. Kraft City Administrator REMINDER: January 24th, 5: 30 P.M. Committee of the Whole /11r - MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: January 1995 13, 1 . Attached are the minutes of the December 5 & 19, 1994 minutes of the Shakopee Public Utilities Commission. 2 . Attached is the Building Activity Report for December. 3 . Attached is the monthly progress report for December from the Planning Department. 4 . Attached is correspondence from the City Clerk that was sent to persons on city boards and commissions with expiring terms . 5 . Attached is a memorandum from the Planning Director regarding Fischer Aggregates EAW. 6 . Attached is a memorandum from the Staff Engineer regarding an update on the Savage alternative water source. 7. Attached is a memorandum from the Planning Director regarding the Savage AWAR Advisory Panel. 8 . Attached is the Police Newsletter for Council review. 9 . Attached are the January 5, 1995 minutes of the Planning Commission and Board of Adjustment and Appeals Meetings. 10 . Attached is a memorandum from the Assistant City Administrator regarding the Community Center Project Status Report . 11. Attached are the revenue and expense reports for December, 1994 . • MINUTES OF THE SHAKOPF•E PUBLIC UTILITIES COMMISSION • The Shakopee Public Utilities Commission convened in regular session on December_ 5 , 1994 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams, Manager Van Hout and Secretary Menden. Motion by O'Toole, seconded by Vierling to approve the minutes of the November 7 , 1994 regular meeting as kept . Motion carried. BILLS READ: City of Shakopee 33 ,000 . 00 AWWA 91 . 00 ARAMARK Refreshment Services 103 . 50 Joseph D. Adams 27 .55 Astleford International 64. 17 Marvin Athmann 40 . 38 R.W.- Beck and Associates 5, 635 . 59 Berens Market 124. 03 Big A Auto Parts 12 . 13 Border States Industries, Inc . 4,840 . 07 Bra-Tex, Inc . 90 . 04 Citizens State Bank 489, 583 . 33 City of Shakopee 954 . 27 Clay's Printing Service 359 . 39 Cooperative Power Co . 38,114. 78 Copy Duplicating Products , Inc . 420. 00 DCA, Inc. 150 . 00 Display Sales 276. 90 EPL, Inc. 1 , 326 . 99 Feed-Rite Controls, Inc . 55 . 00 Gopher State One-Call, Inc . 474. 39 Graybar Electric Co. , Inc. 3, 594. 26 Bradly Gustafson 186 . 66 Hance Cable Testing and Locating, Inc . 198 . 54 Hennen' s ICO 8 . 78 High Voltage Testing Labs 651 . 58 Ken' s Fresh Meats 806 . 46 Violet E. Lallak 2 . 00 Leef Bros. , Inc. 25 .83 Ray Lemieux 107 . 88 • McGrann Shea Franzen Carnival Straughn and Lamb, Chartered 1 , 511 . 49 Metro Lawn Sprinklers 74 . 45 Minn. Dept . of Health 4, 925 . 00 Minnesota Valley Testing Labs 136 . 00 Northern States Power Co. 444, 588. 43 Northern States Power Co. 947 . 30 Petersen-Wisdorf, Inc . 1 , 150. 15 Pitney Bowes , Inc . 254 . 80 RESCO 571 . 44 Reynolds Welding Co. 4 . 47 Schoell and Madson, Inc. 2, 581 . 71 Scott County Sheriff Communications 634 .20 Shakopee Public Utilities Commission 115 . 51 Simer Pump Company 29 . 96 Starks Cleaning Services, inc . 72 . 41 Dean Struck 113 . 97 T & R Service 17 . 00 United Compucred Collections, inc . 452 . 62 US Post Office 75 . 00 Valley Sports 894 . 50 Lou Van Rout 54 . 85 Voss Lighting 49 . 20 Waste Management-Savage 73 . 97 WaterPro 8, 600 . 94 Yarusso' s Hardware Co. 13 . 07 Shakopee Public Utilities Commission 150 . 79 Southwest Suburban Publishing 217 . 04 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid . Motion carried. The wage requests from the Shakopee Public Utilities employees were received. A communication from the Minnesota Department of Employee Relations regarding compliance with the Pay Equity Act was given to the Commission and placed on file. Commissioner Cook advised the Commission of a communication from Dale Dahlke regarding an assessment on his property located near the bypass crossing. He thought he would be attending the meeting. Mr. Elmer Marschall was present for a discussion on the substation site. A status report on the alternate site for the substation on Co. Rd. 79 was discussed. The Commission will continue to pursue purchasing the alternate site. The Savage/Shiely water issues and the Savage Alternative Urban Areawide Review along with the Shiely Appropriation Request •were discussed. Karen Marty, City Attorney presented. an update on all of the issues . The Savage AUAR is reported to deal with land in Shakopee which as it stands is illegal . Ms . Marty has written a letter to City of Savage requesting that Shakopee he taken out of the AUAR. A lengthly discussion followed on all water issues . Ms . Marty gave copies of a draft agreement to the Commission . Motion by Vierling, seconded by O'Toole that the Shakopee Public Utilities sign their portion of the Cooperative agreement between the Cities of Savage, Burnsville, Prior Lake and Shakopee. Motion carried. A memorandum from Karen Marty dated November 18, 1994 regarding Savage AUAR and Wells in Shakopee was discussed. Remaining issues will continue to be researched. SPUC staff will get proposals for an immediate and. long term study on Shakopee water issues. Staff should research the scope of the study and the perimeters to be presented which would address these issues and come back to the Commission with a recommendation . Liaison Sweeney will take to the City a proposal to cooperate with the Shakopee Public Utilities with the undertaking of the study and a cost sharing. It was also suggested. to meet with our Legislators to voice our concerns . Ken Adolf was present to give the design report on the Well. and Booster Station. As a review the St . Francis Medical Center site land elevation is too high to give adequate water pressure from the existing water. system. In order to adequately service the area requires increasing the pressure by a booster station . A summary of existing issues which need to be addressed before the booster station design can begin was discussed by Mr. Adolf and the Commission . The most immediate of the issues discussed will be the acquisition of the site. Richard Wicka discussed the need for an agreement between St . Francis Medical Center and the Shakopee Utilities . The consensus of the Commission was to proceed as fast as possible to not slow the Hospital . The bid documents for the well will be prepared by Schoell and Madson to be presented. at the January meeting consistent with the general design presented by Mr. Adolf . The Commission directed Schoell and Madson to work with staff on various issues so we can • I proceed on a timetable favorable tc the Medical Center. A request for a Trunk Water Charge refund from Jon Albinson, Valley Green Business Park was given to the Commission along with a response by Joe Adams giving the background for the request . Mr. Adams pointed out the precedent the request would set along with the unique circumstances surrounding the basis for the request , Staff will check with Schoell and Madson to see if a precedent had been set for us to review before a final decision will be made. John Baxter, Schoell and Madson gave a presentation on the wellhead protection plan proposal with an estimated. cost proposal . Mr. Baxter described exactly what a wellhead protection plan is and what should he included in a protection plan. Goals should be set and an implementation plan created as part of the Wellhead Protection Plan. A memo from Dave Mummer, acting City Engineer regarding the Watermain Crossing of Bypass near Co . Rd . 17 was discussed. Motion by Vierling, seconded. by O'Toole to concur with the City of Shakopee in a contract for Schoell and Madson to do the design for the Watermain crossing of the bypass near Co. Rd . 17 . Motion carried. Liaison Sweeney gave his report . An update by Manager Van Hout on the undergrounding in the downtown alleys was given. The final costs were given to the Commission. A proposed fee schedule for water meters was given to the Commission from Art Young. A resolution will be prepared for the next meeting. There were two fire calls for a total man hours of one hour. There were no lost time accidents for November, 1994. The next regular meeting will be held on January 4 , 1995 . Motion by Vierling, seconded by O'Toole to adjourn to December 19, 1994. W W G i . 1i•-!{//' Barbara Men , Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on December 19, 1994. MEMBERS PRESENT: Commissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Manager Van Hout presented the proposals received for the Municipal Water Source Study Parts I and II . Three proposals were received. A discussion followed on various aspects of the proposal. Motion by Vierling, seconded by O'Toole to contract with SEH for Part I of the Municipal Water Source Study with an • estimated cost of $7 ,200 . 00. Motion carried. Motion by Vierling, seconded by O'Toole to contract with Schoell and Madson for Part II of the Municipal Water Source Study subject to negotiations with staff subject not to exceed figure of 20% of their original estimate. Motion carried. The Commission went into executive session for the purpose of wage discussion. The Commission adjourned from executive session. Motion by Vierling, seconded by O'Toole that the meeting be adjourned. Motion carried. tuS M(('/IA64^----" Barbara Menden, Commission Secretary CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - DECEMBER 1994 December 1994 December 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 2 140 12,809, 125 9 145 12 , 658 , 580 Single Family-Septic 2 24 4, 860, 150 2 29 4, 009, 506 Multiple Dwellings 1 7 2 , 322 , 220 - 15 2 , 541, 818 (# Units) (YTD Units) (8) (32) - (-) (40) - Dwelling Additions 2 124 603 , 997 3 81 545, 690 Other - 26 2 , 085, 715 2 22 236, 911 New Comm. Bldgs 1 10 3 , 605, 352 - 4 8, 978 , 395 Comm. Bldg. Addns. - 2 250, 000 - 5 6, 759, 750 New Industrial-Sewered - 3 5, 244 , 000 - 2 6, 364 , 940 Ind. Sewered Addns. - 5 967 , 000 - 2 17, 549 , 300 New Industrial-Septic - 1 175, 000 - - - Ind. Septic Addns. - - - 1 1 5,000 Accessory/Garages - 43 389, 661 3 41 549, 078 Signs & Fences 8 111 252 , 727 5 90 154 , 384 Fireplaces/Wood Stoves 2 19 28, 334 5 14 22 , 909 Grading/Foundation - 20 1, 186, 807 2 13 463 , 960 Moving - 4 - - 1 - Razing 1 5 12 , 550 2 12 110, 913 Remodeling (Res. ) 2 49 346, 170 4 41 260, 347 Remodeling (Comm/Ind. ) 3 39 2, 578, 369 1 57 3 , 478 , 183 TOTAL 24 632 37, 717, 177 36 575 64 , 689 , 664 No. YTD. No. YTD. Electrical 32 551 23 584 Plumbing & Heating 32 709 36 712 Total dwelling units in City after completion of all construction permitted to date 5, 202 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1994 10974 Paramount Homes 777 Vista Ridge Lane House 287,096 L 9 B 1 Westridge Lake Estates 10975 Electric Light Sign 1266 E. 1st Avenue Sign 1,250 10976 Klinglehutz Const. 675 E. 5th Avenue House 89,992 L 3 B 1, Market Place 10977 John Orpen 338 E. 1st Avenue Sign 1,500 10978 Dimension Builders 1586 C. R. 18 Addition 16,000 10979 Mark Francis 137 N. Naumkeag Remodel 2,000 10980 J. & W. Construction 218 S. Sommerville Remodel 28,600 10981 State Mechanical 1271 W. 6th Avenue Fireplace 500 10982 Chris Vocelka 1434 Primrose Lane Remodel 4,520 10983 Soft Touch Demolition 1501 E. 1st Avenue Demo 1,400 10984 St. Marks 305 Scott Street Fence 4,635 10985 Dept.Economic Security Shakopee Town Square Sign 420 10986 Correctional Facility 1010 W. 6th Avenue Greenhouse 50,000 1 10987 Signcrafters 1205 E. 1st Avenue Sign 2,000 10988 John Klingelhutz 404-418 Roundhouse Street Condominiums 492,316 10989 Jeff Loftsgaarden 1245 Bluff Avenue Sign 1,000 10990 Excel Construction Shakopee Town Square Remodel 25,000 10991 Glen Ladwig 9085 E. 13th Avenue Fence 500 10992 Thomas J. Maurer 2285 Promise Avenue House 300,000 L 2 B 1, Dominion Hills 10993 Micheal Menke 528 Thomas Avenue Porch 7,800 10994 LeRoy Signs Inc. Shakopee Town Square Sign 7,000 10995 Allen Frechette 1511 W. 6th Avenue Remodel 600 10996 David Ellies 1265 Miller Street Fireplace 975 10997 Novak Fleck 389 Alexander Court House 88,000 L 10 B 3, Meadows West 1st Total 1,413,104 Monthly Progress Report Planning Department December 31, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1. Project Management Database 7/15/94 01/15/95 80% In progress 2. New Planning Secretary 9/15/94 12/15/94 100% Hired Long Range Planning 1. Zoning Map(Phase III) 9/15/94 12/29/94 100% Published,effective 2. Downtown Riverfront Plan 5/01/95 2/01/95 70% Consultant Preparing Plan 3. Comp. Sanitary Sewer Plan 8/20/92 2/01/95 90% COW Review 4. Comp. Stormwater Plan 7/21/93 2/01/95 90% COW Review 5. Comp. Plan Goals,Policies 4/01/94 11/9/94 100% COW Review 6. Camp. Plan Land Use Plan 7/15/94 12/8/94 60% PC Review/Research Current Planning I. Building Permits 12/01/94 12/31/94 Ongoing 20 Residential permits 4 Commercial permits 0 Industrial permits 2. Planning Reports 12/01/94 12/31/94 Ongoing 1 Variance 0 Appeal to BOAA 3 CUP 01 CUP Reviews 1 Preliminary Plats 0 Final Plats 1 PUDs/PUD Amendments 0 Rezoning 0 Vacations 1 Minor Subdivision 0 Comprehensive Plan Reviews 1 Text/Official Map Reviews 3. Enforcement 12/01/94 12/31/94 Ongoing 2 Zoning Code Violations 2 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 12/31/94 10% Awaiting Digitizing 2.Evaluate Scheduling Software 5/01/94 1/01/94 75% In progress 3.Network Security 5/01/94 10/01/94 5% Waiting on Input 4. Quarterly Staff Work Program 5/20/94 1/01/94 95% In Progress 5. MIS Database Development 7/07/94 2/28/95 25% Beginning 6. Project Mgmt. Database 8/01/94 2/28/95 50% Building Forms 7. Windows Training/Evaluation 8/15/94 2/28/95 50% In Progress 8. Install Windows(City wide) 8/01/94 3/01/95 25% In Progress (WI'SI`.DOC SvTERRIE\PCREPORT.DEC)12/31/94 Monthly Progress Report Planning Department Continued BOAA Meeting 12-08-94 Maged Daoud Variance to Frontage Req. Approved Glen A. Ladwig CUP for Overheight Fence Denied SACS: Catholic Schools CUP for Overheight Fence Approved Duwayne Ege CUP for Sales Office Approved City of Shakopee 1995 BOAA Meeting Schedule Approved PC Meeting 12-08-94 City of Shakopee Zoning Map: Phase Ill Rec. Approval Klingelhutz Dev. Co. Amend Prairie Bend PUD Rec. Approval MV Health Campus Preliminary Plat Cont'd City of Shakopee 1995 PC Meeting Schedule Approved PC Meeting 12-15-94 City of Shakopee Land Use Map/Comp. Plan Cont'd Other Items Before the Planning Commission City of Shakopee Comprehensive Plan Discussion (WP51\DOCS\TERRIE\PCREPORT.DEC)12/31/94 z L SHAKOPEE January 4, 1995 Jim Cook 1075 Miller Street Shakopee, MN 55379 Dear Jim: It is that time of year again when I typically notify the persons on City Boards and Commission that their terms will be expiring. Your term on the Shakopee Public Utilities Commission will be expiring the end of March. In December of 1987, the City Council adopted Boards and Commissions Guidelines for Appointments and Operations. One of the conditions contained in the Guidelines limits the number of consecutive terms one may serve on a board or commission to three . The Guidelines also provide that any incumbent (at the time of the adoption of the guidelines) was eligible for two additional terms. According to our records, you have fulfilled the eligibility requirements since you were an incumbent at that time and have served two additional terms, beginning in March of 1989 and again in March of 1992 . Because of the current policy, as stated above, I am not enclosing an application for re-appointment to SPUC. On behalf of the City Council and residents of the community, I want to thank you, Jim, for your contribution to the operation of SPUC over the past twelve years . A resolution of appreciation will be adopted by City Council and a framed copy will be provided to you after the expiration of your current term. Sincerely, i . Cox C' ty Clerk CC: City Council Lou Van Hout, SPUC Manager COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,1linne,ota 55719 111=+1 h12-44 - 4FU - F:,1 hit-�I�-h7lti Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Fischer Aggregates EAW Date: January 9, 1995 NON AGENDA INFORMATION ITEM: Attached is a letter regarding the Fischer Aggregates EAW from the Minnesota Pollution Control Agency (MPCA). In this letter, the MPCA is clarifying that the administrative penalty order (APO) identified in earlier letters was issued to Fischer Sand and Aggregates for their Apple Valley operation only. No violation or APO by the MPCA has been placed on the Fischer Aggregate Company operations in Shakopee. This memo is for informational purposes only. (g:\office\wpwin\wpdocs\lindberg\fischer.nai) JAN 06 '95 04:37PM MN.PCA — WIZ.WASTE P.1 Minnesota Pollution Control Agency January 6, 1995 Mr.Lindberg Ekola,Planning Director City of Shakopee 129 Holmes Street Shakopee,Minnesota 55379 RE: Fischer Aggregates,Inc.,Environmental Assessment Worksheet(EAW)-Correction Dear Mr.Ekola: In our letter dated December 16, 1994,we erroneously cited an Administrative Penalty Order (APO)which the Minnesota Pollution Control Agency(MPCA)had issued to Fischer Sand and Aggregate of Apple Valley,as pertaining to the Fischer Aggregates operation in Shakopee. We regret the error,and want to make sure you are aware of this as you consider the EAW and permit for Fischer Aggregates. The APO is not directed to the project you are considering in Shakopee. The information MPCA included in the December 16, 1994,letter on water quality permitting issues was intended to clarify state requirements in this area. For a more detailed discussion of this area,please contact Jim Strudel!,Water Quality Division at 612/296-7238. Again,I am sorry for the confusion which may have resulted from our two letters regarding this EAW. If you have any questions,please do not hesitate to contact Gretchen Sabel of my staff at 612/297-1766. Sincerely, 334 cie.t. aul Hoff,Direct Environmental Planning and Review Office Administrative Services Division PH jr cc: Fischer Sand and Aggregate,Inc. Scott County Soil and Water Conservation District Pat Lynch,MN Department of Natural Resources,Waters Shakopee Basin Watershed Management Organization,Shakopee Lower Minnesota River Watershed Management Organization Scott County Planning&Zoning, Shakopee 520 Lafayette Rd.N.;St.Paul,MN 551554194;(612)296-8300(voice);(612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Er,Vcver.printed on recycled oaper containing at least 10%fibers from paper recycled by consumers 1 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR _ / FROM: DAVE NUMMER, STAFF ENGINEER l�MN1 SUBJECT: SAVAGE ALTERNATIVE WATER SOURCE UPDATE DATE: JANUARY 12, 1995 NON-AGENDA INFORMATIONAL ITEM The last meeting of the task force for the Savage Alternative Water Source study was held on January 10, 1995 at the Savage City Hall . Discussion at the meeting focused on the possibility of nitrate contamination in ground water sources and methods of detection/treatment if these sources are to be used for municipal water supplies . Attached is the meeting notes and a schedule for the completion of the study. At this time the study is expected to be completed on or around March 28, 1995 . AGENDA Savage Alternative Water Source Task Force Meeting Date:January 10th, 1995 I. Preliminaries A. Attendance list signing B. Hand out and review last meetings minutes II. Nitrate Issues A. Safe Drinking Water Act on nitrates MAA?MUM 1. Alinirramit Contaminant Level is 10 mg/1 2. Health affects: methemoglobinemia, "blue-baby syndrome" B. Possible sources 1. Fertilizers, feedlots, sewage(ie. ammonia to nitrite to nitrate in the presence of oxidizers) 2. Naturally occurring in soil and mineral deposits(not likely here) 3. Minnesota River due to impacts from agricultural runoff C. Preliminary data 1. Shakopee wells have recorded levels of 6 - 11 ppm 2. Minnesota river at Jordan station data from water year Oct. '91 - Sept. '92 showed the following dissolved nitrate and nitrite readings(mg/1): Nov. 16.0, Feb. 7.3, May 7.5, Aug. 5.5 D. Possible treatment methods 1. Reverse Osmosis(costly brine handling issues) 2. Electrodialysis(very costly process) 3. Anion exchange, best fit from a preliminary review III. Assessment of Jordan aquifer west of the geologic divide A. Groundwater model will be used B. Analysis will reveal groundwater elevations at the different pumping scenarios C. Groundwater elevations at Shakopee's existing and future wells will be noted IV. Modeling scenarios A. If current plan works, set up backup plans in case of contamination or other problems B. Consider use of Shiely or Kraemer even if current plan is acceptable. V. 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Memorandum To: File 23/70-068 BKL From: BKL Subject: Savage Alternative Water Study Task Force Meeting Date: January 10, 1995 Attendees Name Phone#/Fax# Representing Lou VanHout 445-1988/445-7767 Shakopee Utilities Lani Leichty 447-4230/447-4245 City of Prior Lake Dave Hutton 882-2670/ City of Savage Dave Nummer 445-3650/ City of Shakopee Chuck AhI 895-4544/ 895-4404 City of Burnsville Mark Suel 683-8169/ Shiely Bob Bieraugel 683-8123 Shiely Brian LeMon 832-2774/ 832-2601 Barr Engineering Company Items Distributed to Attendees 1. Agenda—by Brian LeMon. 2. Alternative Water Supply Letter—written by Brian LeMon, handed out by Dave Hutton. 3. A list of task force members and other interested parties—handed out by Dave Hutton. Items Discussed • Project Groundwater Modeling Goals • Project Alternative Water Source Goals • Data Gathering P:\SS\NEWPROJ\21502_1\KMH To: File 23/70-068 BKL From: BKL Subject: Savage Alternative Water Study Task Force Meeting Date: January 10, 1995 Page 2 • Explanation of Maps Provided in Study • Project Schedule and Upcoming Meetings • Miscellaneous Project Groundwater Modeling Goals • • To produce maps and reports for Prior lake and Burnsville denoting where they can install new wells that will not lower hydraulic head in the Fen or Eagle Creek area (deliverable is a report with maps and figures). • To locate wells around the Shiely pit needed for dewatering and to review possible uses for the water. To determine the impact of the dewatering on the City of Shakopee's existing and future wells (deliverable is a report with maps & figures). • To determine the impact of increased dewatering at the two quarries on local surface water. More intensive review is planned for the Shiely and Dean's Lake area (deliverables: two reports w/results of a Meyer model for the Shiely pit report). The Barr study will also briefly address the effects of the Shiely Pit dewatering on groundwater elevations in the Prairie du Chien and Jorden aquifers in Shakopee and the area west of the geologic divide which is separating the Shiely pit from the Savage Fen and Eagle Creek area. It was noted that the fen is protected by the DNR and the Boiling Springs and Eagle Creek are DNR-protected waters. Project Alternative Water Source Goals • To review alternative water sources available to the City of Savage and make a preliminary selection of the most viable source. The deliverable will be a report similar to the letter distributed earlier. • To determine what is needed to meet the Safe Drinking Water Act (SDWA) for the use of Kraemer and Shiely Quarry dewatering water as a potable source for any or all of the P:\SS\NEWPROJ\21502_1\KMH To: File 23/70-068 BKL From: BKL Subject: Savage Alternative Water Study Task Force Meeting Date: January 10, 1995 Page 3 involved communities (deliverable is a scope of service document for a bench or pilot scale water treatment test). During this part of the discussion it was noted that Burnsville has three Hinkley Mt. Simon wells, Shakopee has one or two, and Savage is currently drilling one new Hinkley Mt. Simon well. The Hinkley Mt. Simon aquifer is currently protected by State statute and water can be appropriated from it only with permission from the DNR. The DNR is interested in seeing Shiely quarry dewatering water have a higher end use than discharge to the river. If Shiely quarry is to be used as a source, the pit will be dewatered using high capacity cased wells rather than sumps in order to diminish the treatment requirements for the water. Water removed from the pit by sump will likely need to be treated as a surface water,whereas water removed by wells may be classified as a groundwater and require less stringent treatment to meet the Safe Drinking Water Act. Lou VanHout from the Shakopee Public Utilities noted that the water from their wells in the area contained nitrates that occasionally exceed the MCL requirements of the SDWA. Their well concentrations range from 6 to 11 parts per million depending on season and other factors. Barr will provide a preliminary review of nitrates in the drinking water from the Jordan aquifer as part of the work on the alternative water supply in this study. Data Gathering Bob Bieraugel from Shiely quarry gave Barr permission to use existing data in Barr files for this study and noted that two additional observation wells have been drilled around the quarry. Data from those well will be available for this study. Lou VanHout from Shakopee advised us that SEH is looking at their ultimate water needs and is expected to have numbers on total water use by January 25. The locations of future Shakopee wells should be available by early February. Chuck Ahi noted that it will be appropriate for Barr Engineering Company to contact John Morley of Kraemer quarry directly to ask them permission for use of their files and data. All the cities will be expected to provide Barr with ultimate development needs, the locations of existing wells and planned locations of future wells. P:\SS\NEWPROJ\21502_1\KMH • To: File 23/70-068 BKL From: BKL Subject: Savage Alternative Water Study Task Force Meeting Date: January 10, 1995 Page 4 Explanation of Maps Provided in Study Brian LeMon explained to the task force that each City will be allowed to provide four modelling scenarios for which a map will produced noting where they can or cannot drill new wells. It was recommended that each community provide a well field rather than a single well scenario. The welifield data coming from the City would have to include spacing, depth and withdrawal rates as well as the aquifer in which the water will be taken from. It was further recommended that the first scenario modeled in the study be that of each City's current ultimate design plan. If the current plan does not affect the Fen or Eagle Creek, then each City will have more flexibility in determining its additional runs. The City of Shakopee's scenarios will be dependent on the dewatering modeling of the Shiely quarry. Brian then requested that any communities knowing of large capacity wells to be abandoned in the next twenty years should pass that information on to us to be included in the modeling. It was noted that the order of well construction may complicate the creation of the maps, noting that what happens in one city may affect where wells can be drilled in another city. Project Schedule and Upcoming Meetings Brian noted that due to the delay in the start of the project, the project completion dates have been pushed out from early February to mid-March. A draft report is currently anticipated by March 15 and final report by March 28. Upcoming meetings will be held on January 10 and 24. February 9, and 28, and March 14 and 28. All schedule dates depend on City's providing data with two weeks of a request. Miscellaneous All of the agreements and contract signings should be completed within the next two to three weeks. The Savage City council now meets on Mondays. Several other townships are interested in the results of the study. Namely, Jackson, Louieville, and Credit River. Dave Hutton has been in contact with some of them and will provide contact people and addresses. P:\SS\NEWPROJ\21502 1\KMH # 7 Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Savage AUAR Advisory Panel Date: January 11, 1995 NON AGENDA INFORMATION ITEM: On January 11, 1995, the first meeting for the Savage AUAR Advisory Panel was held. The purpose of this panel is to advise the City of Savage on providing responses to the comments made on the Savage AUAR. The panel consists of representatives from several federal, state and local agencies as well as the developers and several members from environmental groups. A total of 18 members, including myself, are on this panel. The City of Savage has requested facilitation services from the Minnesota Office of Dispute Resolution to assist in this effort. The purpose of the first meeting was primarily organizational in nature. The following meeting schedule has been set for the advisory panel meetings: Tuesday, January 17 7:30 a.m. - 12:00 p.m. Friday, January 20 7:30 a.m. - 12:00 p.m. Tuesday, January 24 7:30 a.m. - 12:00 p.m. All meetings will be open to the public. The panel has structured the review of various issues into the following five impact topic areas: 1. The Savage Fen 2. Boiling Springs 3. Groundwater Concerns 4. Land Use and Development Issues 5. Connected or Cumulative Impacts If members of the City Council have any questions with regards to this process, please call me at 445-3650. Thank you. (auar.cc) , IV g I- �; �1 .; City of Shakopee r /z KO,o , POLICE DEPARTMENT H:GV I�/I`��tk`�lj 476 South Gorman Street 4)\01 ! --: oti ��� SHAKOPEE,MINNESOTA 55379 � 1 c *'" Q�. .�,�' TeL 612/445-6666 f .��Nao Q,�, Fax. 612/445-2313 y/AKOPEz NES \41 i The Police Report An inside look at police activity. January 12, 1995 Prepared by: Teri Van Clave Technology in PD Two Apprehended for Auto Theft The police department, with assistance On January 6th, Shakopee Ford from Mainstream Computing, has reported that two young men had been successfully implemented the IACP looking at used cars and had stolen the NET. The IACP NET is made possible keys to two vehicles on the lot. through the efforts of the International Association of Chiefs of Police. It is Believing that the two suspects would the most comprehensive information return at a later time, Detective Forberg network designed specifically for law coordinated a surveillance of the lot and enforcement professionals. Some of on January 9th he was positioned the features of IACP NET include: inside Shakopee Ford. At approximately 2338 hours he observed *Law Enforcement Legislative two young men prowling the lot and Information - providing timely status making their way towards one of the updates, and special legislative analysis used cars. Forberg radioed to other from IACP on legislation directly squads that an auto theft was in affecting law enforcement. progress and the patrol cars moved towards his location. *Quest-Response - allows officers to exchange questions and answers with Sure enough, the two men drove the other law enforcement agencies, car from the lot and headed east on discovering what they have done to Hwy. 101 . Squads immediately fell in solve similar problems. behind the stolen vehicle and turned on their red lights and sirens. The vehicle *Data Base - provides a library of accelerated and turned south on Viking innovative programs and ideas. Steel Road, ultimately crashing near the KC Hall and the two men fleeing on *Special Information Groups - allows foot. Both were apprehended after access to groups like the National officers pursued them on foot. A 19 Highway Traffic Safety Administration. year old Shakopee man was booked into Scott County Jail, and a 14 year No budget dollars were used to fund old male was released to his parents this project. with charges pending. 7o Serve :To Protect Employment Anniversaries Training Hispanic Language and Cultural Training January 14 Course will be offered as a five week Bryan Koch will complete 8 years of course, beginning January 17th. This service. is the second time Shakopee has hosted this course. January 17 Ron Scherer will complete 23 years of service. January 21 Statistics Teri Van Cleve will complete 14 years of service. December Statistics are included. December Bar Graphs are included. February 2 Ron Carlson will complete 18 years of service. SHAKOPEE POLICE DEPARTMENT CALLS FOR SERVICE COMPARISON 1000 ...::.. ..::: ..:.:. ...::; .... 400 -..:.; .........;.: _ _....:.. ._....:.: ._...... ._.._::. ..... - - -iii - ..... ....:.:: ....::. ...:.. . ..«. ...:.. ...:: 200 -n : -M. - -- - if JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC € 1992 >' 1993 1111994 01-11-95 SHAKOPEE POLICE DEPARTMENT ARRESTS OTHER THAN TRAFFIC 100 80 ._..__.....__.._._.._..._._...._...__......_....._...._._.........__.._..._.._._..._......................................................__.._ ........._......_...._._.._........._......_._..._....__ 80 I 40 :111:11 'FJ 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Vx 1992 11993 ME 1994 01-11-95 SHAKOPEE POLICE DEPARTMENT TRAFFIC CITATION SUMMARY 300 280 260 -......................................_.._............................__._..._.... - j..............._...._...__._..._......_..._........_........... 240-................................._................._.............................._......____..._..._..----..__..__..._............_.........__.._._. j_...._...................._...._..._._.._.__........ .. 220-.................._..............................._................__.._....._.............._.._.._._...__ i......_..................._........_....._ _...........................__....._..._........................._. 200 180 -.........._..............__...._._........................._. ......._........_..._ .._._ __......._........_......_.._pp __........j............_....../....... .._._...__._....._..._._.._.__,.._... ... 140 160 j • • _ j._...._.. ........................_...__._ j. €: ......_....._ : ... ..........._... %100 ._........-....j.,__.....j ..._.._ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC / 1992 1993 1994 01-11-95 Thur 01-12-95 Shakopee Police Department Time: 1:54 pm Citation Summary Report - UOC Page: 1 Monthly Report for December 1994 File Type : Citation Print ALL LGN Codes SBN : All Print ALL U 0 C codes Including Juv. Water/Traffic Records U 0 C Total U 0 C Literal Translation 9000 . . . 1 CARELESS/RECKLESS DRIVING 9001 . . . 29 SPEED 9007 . . . 1 IMPROPER CHANGE OF COURSE 9022 . . 1 WINDSHIELD NOT INTACT/UNUSEABLE 9030 . . . 4 STOP SIGN VIOLATION (FAIL TO STOP FOR) 9032 . . . 3 SEMAPHORE VIOLATION (RED STOP LIGHT) 9100 . . . 2 PARK IN "NO PARKING" ZONE 9101 . . . 1 PARK BLOCKING ALLEY/DRIVEWAY 9106 . . . 8 PARK IN HANDICAPPED ZONE 9107 . . . 1 WRONG WAY PARKING 9108 . . 1 ABANDONED VEHICLE (ORD) 9109 . . . 16 OVERTIME PARKING (ORD) 9111 . . . 1 PARK IN FIRE LANE (ORD) 9200 . . . 1 DRIVE AFTER CANCELLATION 9201 . . . 3 DRIVE AFTER REVOCATION 9202 . . . 4 DRIVE AFTER SUSPENSION 9203 . . 5 NO MINN. DRIVERS' LICENSE 9204 . . . 2 EXPIRED DRIVERS' LICENSE 9209 . . . 1 UNLAWFUL ACTS (FALSE INFO TO POLICE OFFICER) 9214 . . 2 OPEN BOTTLE OR ALLOWING OPEN BOTTLE 9215 . . . 14 NO CURRENT REGISTRATION/EXPIRED PLATES 9230 . . . 1 MISCELLANEOUS VIOLATIONS 9233 . . 1 USE OF UNREGISTERED VEHICLE Thur 01-12-95 Shakopee Police Department Time: 1:54 pm Citation Summary Report - UOC Page: 2 Monthly Report for December 1994 File Type : Citation Print ALL LGN Codes SBN : All Print ALL U 0 C codes Including Juv. Water/Traffic Records U 0 C Total U 0 C Literal Translation 9236 . . . 4 OPERATE VEHICLE WITHOUT INSURANCE J3500 . . 5 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GRAND TOTAL . . . 112 Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 1 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 0000 . . . 4 9302 . . . 1 LOST, ANIMAL 9303 . . . 2 LOST, PROPERTY 9311 . . . 2 FOUND, PERSON 9313 . . . 6 FOUND, PROPERTY 9314 . . . 5 FOUND, ABANDONED OR STOLEN VEHICLE 9400 . . . 39 MOTOR VEHICLE ACCIDENT ( 10-50, ALL OTHERS) 9420 . . . 1 MOTOR VEHICLE ACCIDENT (10-52, PERSONAL INJ) 9450 . . . 2 MOTOR VEHICLE ACCIDENT (H&R NO INJURY) 9470 . . . 7 9520 . . . 2 ACCIDENTS, PUBLIC-OTHER, ALL OTHERS 9522 . . . 2 ACCIDENTS, PUBLIC-OTHER, FALLS 9530 . . . 18 ACCIDENTS, HOME, ALL OTHERS 9531 . . . 1 ACCIDENTS, HOME, FALLS Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 2 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9540 . . . 1 ACCIDENTS OCCUPATIONAL ALL OTHER 9561 . . . 1 ANIMAL BITES, DOG 9600 . . . 3 FIRES, ALL OTHERS 9601 . . . 1 FIRES SINGLE FAMILY DWELLING 9606 . . . 3 FIRES, VEHICLE 9700 . . . 1 MEDICAL, SUICIDE 9710 . . . 2 MEDICAL, SUICIDE ATTEMPT 9715 . . 2 MEDICAL, SUICIDE THREAT 9720 . . . 1 MEDICAL, BODY(S) FOUND, D.O.A. 9800 . . . 43 MISCELLANEOUS PUBLIC 9801 . . . 16 DOMESTICS 9802 . . . 33 PUBLIC ASSIST/MOTORIST ASSIST 9803 . . . 1 DETOXIFICATION 9805 . . . 45 SUSPICION (PROWLER, OPEN DOOR, VEH. , PERSON) Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 3 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9806 . . . 4 ATTEMPT TO LOCATE/CHECK WELFARE OF PERSON 9807 . . . 2 WEAPONS COMPLAINT (HUNTERS,SHOOTERS,FIRECRAC) 9808 . . . 11 SNOWMOBILE COMPLAINTS 9809 . . . 46 VEHICLE COMPLAINTS (MUFFLERS, PARKING) 9810 . . . 1 MINIBIKE & MC COMPLAINTS 9812 . . . 2 STALLED VEHICLE, REQ TO PARK, NOTIFY OFFICER 9813 . . . 5 FIGHT (BARROOM, GANGS, ETC. ) 9815 . . . 10 JUVENILES (COMPLAINTS ABOUT) 9817 . . . 9 DISPUTES (CUSTOMER,PATIENT,PERSON, OTHER) 9818 . . . 12 DISTURBANCE (LOUD MUSIC, LOUD PARTY) 9822 . . . 1 PEDDLERS/SOLICITORS 9823 . . . 2 TRESPASSERS (BEER PARTY/KEGGERS) 9824 . . . 15 CIVIL DISPUTES, COMPLAINTS 9825 . . . 13 GUN PERMITS, REQUEST TO ACQUIRE Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 4 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9827 . . . 7 PRANK 9-1-1 CALLS 9828 . . . 16 ANIMAL COMPLAINTS (BARKING, RUNNING LOOSE) 9900 . . . 5 MISCELLANEOUS OFFICER 9901 . . . 36 ALARM 9902 . . . 7 ESCORTS, FUNERAL 9905 . . . 5 WARRANTS/SUBPEONA/SUMMONS (SERVICE OF) 9908 . . . 3 HOUSE CHECKS 9910 . . . 5 EXTRA PATROL REQUESTS 9911 . . . 1 MESSAGE DELIVERY (EMERGENCY-OTHER) 9913 . . . 25 ASSIST OTHER POLICE AGENCY 9914 . . . 1 ORDINANCE VIOLATION (DISPLAY AFTER-HOURS,ETC) 9915 . . . 5 ESCORTS, ALL OTHERS 9923 . . . 4 LITTERING A5343 . . . 1 ASLT 5-INFLT BODILY HARM-OTH WEAP-ADLT-ST Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 5 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation A5351 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-F A5352 . . . 2 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-A A5354 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHILD-F A5355 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHILD-A A5401 . . . 1 ASLT 5-FEAR BODILY HARM-NO WEAP-ADLT-FAM A5554 . . . 1 ASLT 5-THRT BODILY HARM-HANDS ETC-CHLD-FAM A9501 . . . 1 TERROR-THRT INFLT BH-UNK WEAP-ADLT-FAM A9502 . . . 2 TERROR-THRT INFLT BH-UNK-WEAP-ADLT-ACQ A9505 . . . 1 TERROR-THRT INFLT BH-UNK WEAP-CHILD-ACQ A9506 . . . 1 TERR THREATS-INFLT BH-UNK WEAP-CHLD-STR B2394 . . . 1 BURG 2-UNOCC RES FRC-U-UNK WEAP-COM-THEFT B2430 . . . 1 BURG 2-UNOCC RES NO FRC-D-UNK WEAP-UNK ACT B2434 . . . 1 BURG 2-UNOCC RES NO FRC-D-UNK WEAP-COM TH B2960 . . . 1 BURG 2-AT FRC RES-N-UNK WEAP-UNK ACT Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 6 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation B3764 . . . 2 BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEF C0312 . . . 1 C1211 . . . 1 FORGERY-FE-UTT POSSES PLACE-CHECK-PERSON I0060 . . . 1 CRIM AGNST FAM-UNK LVL-NEGLECT OF A CHILD J2700 . . . 2 TRAF-ACCID-GM-AGGREVATED VIOLATION J3500 . . . 3 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ J3900 . . . 2 TRAFFIC-MS-OTHER L1077 . . . 1 CSC 1-UNK ACT-ACQUAINT-18 OLDER-F L1277 . . . 1 CRIM SEX 1-FEAR HRM-ACQUAINT-18 OLDER FEMALE LAA77 . . . 1 CSC 5-NO CONSENT CONTACT-ACQ-18 OR OLDER-F M3001 . . . 1 JUVENILE-ALCOHOL OFFENDER M4105 . . . 1 LIQUOR-MISREPRESENTING AGE-MINOR M4106 . . . 1 LIQUOR-PROCURING LIQUOR FOR A MINOR M5313 . . . 4 JUVENILE-CURFEW • Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 7 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation M5350 . . . 3 RUNAWAY N0030 . . . 1 DISTURB PEACE-UNK LVL-DISORDERLY CONDUCT N0190 . . . 2 HARRASING COMMUNICATIONS PHONE OR NONWRITTEN N2191 . . . 2 GROSS MISD-HARASS COMM-TEL OR NON-WRIT-BIAS N3190 . . . 4 DISTURB PEACE-MS-HARRASING COMMUNICATION N3220 . . . 1 MISD INTRUSION ON PRIVACY-HARASS\PURSUE P3110 . . . 12 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3119 . . . 1 MISD-DAM TO PROP-PRIVATE-OTHER P3310 . . . 1 TRESPASS-MS-PRIVATE-UNK INTENT Q3298 . . . 1 STLN PROP-MS-POSS-OTH PROP-200 OR LESS R0400 . . . 1 ROBB-AGG-UNK HRM-CONV STORE-UNK WEAP-UNK VICT TB011 . . . 1 THEFT-MORE 2500-FE-FRM PERSON-MONEY TB159 . . . 1 THEFT-FEL-MORE 2500-MOTOR VEHICLE-OTH PROP TC059 . . . 2 THEFT-FELONY-501 TO 2500-YARDS-OTHER PROP Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 8 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation TC159 . . . 3 THEFT-FELONY-501-2500-MOTOR VEHICLE-OTH PROP TE021 . . . 1 THEFT-OTHER-FE-BUILDING-MONEY TE099 . . . 1 THEFT-OTHER-FE-SELF SRV GAS-OTH PROP TE159 . . . 3 THEFT-OTHER-FE-MOTOR VEH-OTH PROP TE229 . . . 1 THEFT-OTHER-FE-STREET-PK LT-OTH PROP TE999 . . . 2 THEFT-OTHER-FE-OTHER-OTH PROP TF159 . . . 4 THEFT-GM-201-500-MOTOR VEHICLE-OTHER PROP TG011 . . . 1 THEFT-LESS 200-MS-FRM PERSON-MONEY TG021 . . . 1 THEFT-MISD-LESS 200-BUILDING-MONEY-OTHER NEG TG029 . . . 2 THEFT-MISD-LESS 200-BUILDING-OTHER PROPERTY TG059 . . . 2 THEFT-MISD-LESS 200-YARDS-OTHER PROPERTY TG092 . . . 1 THEFT-LESS 200-MS-SELF SRV GAS-SERVICES TG099 . . . 1 THEFT-MISD-LESS 200-SELF-SERVICE GAS-OTHER PR TG151 . . . 1 THEFT-MISD-LESS 200-MOTOR VEHICLE-MONEY Thur 01-12-95 Shakopee Police Department Time: 11:37 am Crime Summary Report - UOC Page: 9 Monthly Report For December 1994 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation TG159 . . . 6 THEFT-MISD-LESS 200-MOTR VEHICLE-OTHER PROP U1568 . . . 1 FRAUD-FE-FIN-TRANS-CARD-USE-FRGD-200-LESS U3288 . . . 5 MISDEMEANOR SHOPLIFTING $200 OR LESS V0021 . . . 1 VEH THEFT-UNK LVL VAL-AUTO VA021 . . . 1 VEHICLE THEFT RELATED-FEL-AUTO VA081 . . . 1 VEH-MORE THAN 2500-FE-TAMPERS WITH-ENTERS-AUT VE110 . . . 1 VEHICLE THEFT RELATED-MISD-PARTS FR MV-OTHER X3200 . . . 1 MISD GIVE FALSE NAME TO POLICE X3350 . . . 4 MS-VIOL HARASS REST ORD *** AGENCY GRAND TOTAL: 615 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota January 5, 1995 MEMBERS PRESENT: Mars, Link, Bladow, DuBois, and Joos MEMBERS ABSENT: Madigan and Christensen STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Thurmer, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. H. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF DECEMBER 8. 1994. MEETING MINUTES Comm. DuBois noted a spelling correction of Mr. Dick Gord. The last name should be spelled G-H-A-R-N. The meeting minutes were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS Recognize anyone in the audience wishing to speak on any item not on the agenda. There was no response. Comm. Madigan took a chair at 7:32 p.m. V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR CANTERBURY DOWNS TO HAVE SNOWMOBILE RACES ON FEBRUARY 17. 18. & 19. 1995. Chrmn. Mars opened the public hearing regarding this matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the applicants are requesting a Conditional Use Permit to conduct snowmobile races on the racetrack in front of the grandstand at Canterbury Downs. Races would take place in the evening of Friday, Feb. 17th, on Saturday Feb. 18th, and on Sunday February 19th. R Minutes of the Page- 2 Shakopee Board of Adjustment and Appeals January 5, 1995 This site is currently zoned Major Recreation. Under the MR Zone, snowmobile racing is considered a"Commercial Recreation" use and would require either a Conditional Use Permit or a Planned Unit Development. The applicant is not requesting that the Conditional Use Permit pertain to snowmobile racing as a permanent use. With the approval of this Conditional Use Permit, snowmobile races would occur only during the dates and times specified as a part of a three day snowmobile festival. She also stated that the site contains adequate area to accommodate the proposed attendance of approximately 10,000 people over the three day period. However, a condition has been recommended requiring that prior to the event, the applicants contact the Shakopee Police Department regarding the transporting of the snowmobiles to and from the site, and the increased traffic onto CR 83, and to comply with the recommendations of the Police Department. She added that Staff is recommending approval of the permit, subject to the conditions discussed in the staff report. Mr. Tom Brock, 1100 Canterbury Road, Shakopee, Minnesota, approached the podium to answer any questions. Comm. Madigan asked approximately how many snowmobilers would be participating in this event. Mr. Brock responded approximately 300 racers. Comm. Joos asked the applicant to explain the type of noise abatement that will be used and what type of snowmobilers will be racing. Mr. Brock responded that the races will only be for stock machines because they meet all MPCA standards and state and federal regulations as far as sound. He also stated that he hired an acoustical engineer and reassured the Board that there would not be a problem with the noise. Comm. Link stated a concern regarding the traffic and the attraction of many people arriving on their snowmobiles to watch the races. Mr. Brock stated that he is working with the Shakopee Police Department to ensure traffic safety issues. He also stated that he is publicizing the encouragement of the spectators to trailer their machines to the site and get on the trails from there. Mr. Brock also stated that alcohol will be served on the site. Minutes of the Page- 3 Shakopee Board of Adjustment and Appeals January 5, 1995 Comm. Christensen took a chair at 7:39 p.m. Police Officer, Richard Kaley, Shakopee Police Department, Shakopee, Minnesota, approached the podium. He stated that, as of now, there are eight machines and eight operators to help out with the patrolling at and around the site. Four are from the DNR and four from the Shakopee Police Department. There will be someone on duty at all times. He stated that he does not foresee a problem with traffic at all, he stated that, "With adequate patrolling and coverage, we can handle it easily." Mr. Eldon Reinke, 2569 Hauer Trail, Shakopee, MN, approached the podium. He stated some concerns regarding the noise. He asked what the criteria was for performing the noise analysis. Mr. Brock responded that the noise of groups of snowmobiles of these specifications was measured out to the edge of the houses. He stated that he has not done any live testing, it was a computer analysis. the Board that aprivate analysis be held at the property line on the Mr. Reinke requested to y p p y Friday of the first races to find out what the noise level is, and if does not meet the criteria, that the Saturday and Sunday promotion be canceled. The applicant,Mr.Brock, stated that it would not be a problem to do a testing on all the days of the event. Mr.Reinke also stated a concern regarding the ordinance change for this piece of property. He requested staff to notify the neighborhood of any PUD's that are requested in the future beyond the 350 foot requirement, so that they may be present at the public hearings. Motion: Comm. Joos/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Joos/Madigan offered a motion for a Conditional Use Permit Resolution No. PC-710, a Resolution Approving a Conditional Use Permit to Canterbury Park Holding Corporation (Canterbury Downs) to Conduct Snowmobile Races over a Three Day Period within the Major Recreation (MR)Zone, subject to the following conditions: 1. The approval of the Conditional Use Permit shall be limited to the following hours on the following days: DATE DAY HOURS February 17, 1995 Friday 5:00 PM to 9:00 PM February 18, 1995 Saturday 9:00 AM to 7:00 PM February 19, 1995 Sunday 10:00 AM to 5:00 PM Minutes of the Page- 4 Shakopee Board of Adjustment and Appeals January 5, 1995 2. The snowmobile races shall be limited to the one-mile oval racetrack located in front of the grandstand at Canterbury Downs. 3. The applicant submit a spill response plan which shall be reviewed and approved by the City, and be equipped to recover spilled fuel in the event that an accident occurs. The applicant shall report any fuel or oil spills to the Minnesota Department of Public Safety Duty Officer at (612) 649-5451. 4. Noise levels at the property line of the site shall remain below the noise limits established by the Minnesota Environmental Protection Agency (MPCA), and snowmobiles raced during the event shall be limited to stock model machines, equipped with full mufflers that meet the noise standards established by the MPCA. 5. Prior to the event, the applicants shall contact the Shakopee Police Department regarding the transporting of the snowmobiles to and from the site, and the increased traffic onto CR 83. The applicant shall comply with the recommendations of the Police Department regarding the control of the increased traffic onto CR 83, and the applicants shall require that the participants comply with the recommendations of the Shakopee Police Department regarding the transporting of the snowmobiles to and from the site. 6. There shall be no outdoor storage or displays, and no accessory structures shall be constructed on the site. 7. The applicants shall submit a sign plan for the event for review and approval by City staff. All temporary and/or permanent signs require an approved Sign Permit. 8. The applicants shall perform noise testing for the snowmobile races on each day during the event. The testing shall take place at the south edge of the right-of-way line for CR 16. All noise testing results shall be submitted to the City no later than one (1) week after the completion of the scheduled races. If the noise levels exceed the noise standards established by the Minnesota Pollution Control Agency during any of the scheduled racing days, events may be modified or cancelled by the Shakopee Police Department. Vote: Motion carried six to one with Comm. Joos, Madigan, Link, Bladow, DuBois, and Mars voting in favor of the motion, and Comm. Christensen voting against. Minutes of the Page- 5 Shakopee Board of Adjustment and Appeals January 5, 1995 VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO MOVE A HOUSE- CHRIS ANDERSON Chrmn.Mars opened the public hearing regarding the above entitled matter. He stated that the applicant submitted an application for a Conditional Use Permit to move a structure. The applicant has recently submitted a request to withdraw this application. Due to this request, the public hearing should be canceled. Motion: Comm. Joos/Madigan offered a motion to cancel the public hearing for the Conditional Use Permit, and move its adoption. Vote: Motion carried unanimously. XII. OTHER BUSINESS Chrmn. Mars announced that the Board of Adjustments and Appeals will not meet on January 12, 1995. There was no other business which needed to be discussed. XIII. ADJOURNMENT The meeting adjourned at approximately 8:17 p.m. k' 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota January 5, 1995 MEMBERS PRESENT: Joos, Mars, DuBois, Link, Bladow, Madigan, Christensen MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Thurmer, Assistant City Planner Dave Nummer, Staff Engineer Paul Bilotta, Senior Planner Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8:17 p.m. The roll call was taken as noted above. H. APPROVAL OF AGENDA Item 13b., invitation to the Park Board meeting, and 13c., announcement of the January 12th, Planning Commission meeting, were added to the agenda. The agenda was approved as amended. M. APPROVAL OF THE DECEMBER 8, 1994, AND THE DECEMBER 15, 1994, MEETING MINUTES Comm. Mars noted a correction to both minutes regarding roll call. It should read that Chrmn. Joos called the two meetings to order, not Chrmn. Mars. The minutes of the December 8, 1994, meeting were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA The Assistant City Planner requested that item 11. Final Plat, be removed from the consent agenda. The consent agenda was approved as amended. Minutes of the Page- 2 Shakopee Planning Commission January 5, 1995 VI. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT LOCATED NORTH OF TTI 101 AND WEST OF VALLEY PARK DRIVE - CEDAR FAIR LIMITED PARTNERSHIP (VALLEYFAIR). Chrmn. Joos the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that in the Zoning Ordinance update process, several discussions between the City Council and Valleyfair took place regarding alternative methods for bringing the amusement park into compliance with the zoning regulations. The PUD process was agreed as being the appropriate method for providing the applicants with the necessary flexibility to continue operating and expanding their amusement park,while providing the City the necessary control for guiding the development of the site. With this application, the applicant is requesting the approval of the Planned Unit Development. The site is zoned Heavy Industrial. However, with the adoption of the new Zoning Ordinance, the site will be zoned to Major Recreation in the near future. She further stated that with the approval of this PUD, future park expansion projects can be accommodated in the Building Permit process. However, the expansion of the more major buildings, such as the motel or restaurant, would require further review in the PUD process. Staff would suggest that if these buildings are proposed, that an amendment to the PUD be pursued. In recent discussions with representatives from Valleyfair, the residential dormitory for summer employees was proposed to be located north of the existing amusement park. A recommended condition required that the PUD plans be revised to reflect this change. She added that the applicant has provided these revised PUD plans at tonight's meeting. However, their plans have changed since the original application, and they do not intend to construct the dormitory until next summer. She stated that the developer has submitted a Wetlands Delineation Plan, which is currently being reviewed by City staff. The proposed excavation of wetlands for settling basins and wetland mitigation is subject to the requirements of the Wetlands Conservation Act of 1991. On the table is a revised recommended condition related to this act, and the requirement relating to the relocation of the existing creek. Staff has discussed these revisions with the applicant. She stated that staff recommends approval of the Development Plans for the Valleyfair Planned Unit Development, subject to the three conditions discussed in the staff report, and the recommended revision to conditions no. 3.B and C. Minutes of the Page- 3 Shakopee Planning Commission January 5, 1995 Mr. Larry Griffith, Attorney for Valleyfair, 2200 Pillsbury Center, Minneapolis, MN, approached the podium and stated that he was available for any questions. Comm. DuBois asked where the dormitory would be located. Mr.John Dickson, Senior Engineer, approached the podium. He responded by indicating on a map that it would be located directly north of the existing campground. Comm. DuBois stated a concern regarding dormitory housing in a facility such as this where there is underage employees. She also wanted to know where there were other facilities similar to this one. Mr. Walt Wittmer, Vice President of Valleyfair, Shakopee, MN, approached the podium. He stated that major theme parks do have dormitories attached to the sites and use them to attract and house seasonal employees. He stated that there are three parks within their system. The largest park is located in Ohio and it houses 3200 seasonal employees on the site. He stated that they are proposing a much smaller dormitory and are also aware of the problems that can go along with having such a facility. Comm. DuBois and Joos stated concerns regarding safety and security on the grounds. Mr. Wittmer responded that there would be 24-hour security on the site, security in the building and on every floor, no alcohol on the premises, security alarms in every room, telephones in every room, and segregation by sex on different floors. Motion: Comm. Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Bladow offered a motion recommending to the City Council approval of the Development Plan for the Planned Unit Development, subject to the following conditions: 1. The following variances are approved: A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot". No further PUD approvals will be required for buildings or structures for the amusement park expansion Minutes of the Page- 4 Shakopee Planning Commission January 5, 1995 if they comply with the MR regulations and all other City Codes. B. Section 4.30, Subd. 4.D, regarding Signage Allowed within the Heavy Industrial(I-2)Zone. A variance to this portion of the Sign Ordinance to allow compliance with the existing multiple signs within the interior of the site, as well as the existing pylon sign located at the entrance of the site. 2. The following design changes will be required prior to the approval of the PUD by the City Council: A. If the applicant is proposing to locate the residential dormitory for the summer employees farther to the northeast than the location shown on the site plan, a revised Development Plan shall be submitted by the applicant which provides the proposed correct locaiton, and a set of the architectural plans showing the proposed design of the structures must also be provided. 3. The following procedural actions must be taken: A. A Development Agreement stating the consitions of approval of the PUS must be filed with the Scott County Recorder. B. The proposed relocation of the existing creek requires the approval of a Permit to Work in Protected Waters or Wetlands by the Minnesota Department of Natural Resources and/or approval by the Army Corps of Engineers. C. Alpproval of the Development Plan for the PUD is contingent upon receiving a Certificate of Examption from the Wetlands Act of 1991. Vote; Motion carried six to one with Comm. Bladow, Madigan, Mars, Christensen, Link and Joos voting in favor of the motion, and Comm. DuBois voting against. WHEREUPON, a ten minute recess was taken. Minutes of the Page - 5 Shakopee Planning Commission January 5, 1995 VII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY AND FINAL PLAT FOR MINNESOTA VALLEY HEALTH CAMPUS(MVHC)LOCATED EAST OF CR 17. SOUTH OF THE PROPOSED SOUTHERLY BYPASS AND NORTH OF VALLEY VIEW ROAD - ST. FRANCIS REGIONAL MEDICAL CENTER (SFRMC). Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director provided a brief background regarding this matter. He stated that at the November 3, 1994, meeting, the Shakopee City Council approved both the Preliminary and Final Development Plans for the Minnesota Valley Health Campus PUD, subject to conditions. The applicants are proposing to construct the facility in two phases. Ultimately, the facilities will be approximately 274,200 square feet in size,with a regional hospital facility, a long term care facility, a clinic, and two medical office buildings. The developer is proposing to plat eight lots on sixty acres. Mr. Richard Wicka, 1882 Dayton Avenue, St. Paul, Minnesota, approached the podium. He stated that he has reviewed the staff report and is in agreement with all the conditions placed upon the final plat with two minor exceptions: 1) a couple of details in item five that need final resolution and, 2) still having some last minute conversations as to whether or not Lot 1, Block 2, should be a lot or an outlot. A brief discussion was had regarding right-of-ways. Mr. Wicka stated he would like a consensus from the Board indicating which option they prefer. Chrmn. Joos stated that he foresees a lot of growth in that area when the by-pass goes through. He would favor the larger right-of-way for the site. Motion: Comm. Mars/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. ChristensenBladow offered a motion to recommend the approval of the Preliminary and Final Plat to the City Council, subject to the following conditions: 1. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. Minutes of the Page- 6 Shakopee Planning Commission January 5, 1995 B. Execution of a Developer's Agreement for construction of required improvements: 1) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. 2) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 3) Street lighting to be installed in accordance with the requirements ofthe Shakopee Public Utilities Commission. 4) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 5) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 6) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. (4 @ $250 = $1,000) 7) Cash payment in lieu of park dedication shall be required. The Park Dedication payments whall be deferred to the time of the issuance of the building permit for the principal structure for each lot. 2. The following must be completed prior to the approval of Building Permits for the lost in the subdivision plat: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are Minutes of the Page- 7 Shakopee Planning Commission January 5, 1995 displaced of when building sites are filled. B. Building permits for Lot 1 Block 2 shall be limited to institutional uses until such time where the adjacent parcels have been incorporated into the Metropolitan Urban Service Area. C. The developer shall provide adequate sewer storage facilities on-site until the City sewer system becomes available to the site. The developer shall connect to the City sewer system when it becomes available. 3. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. B. Each lot shall have its own water service, and sanitary and storm sewer services. 4. The following must be completed prior to (or at the same time as) the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pullution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. B. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. 5. The applicant shall submit a revised Final Plat drawing prior to approval by the City Council which reflects the following design changes: A. Direct access from the individual lots onto CR 17, the north street, and the east street, shall be prohibited. The access rights shall be limited by dedicating to the County(CR 17)and the City(the north street and the Minutes of the Page- 8 Shakopee Planning Commission January 5, 1995 east street except at approved driveways) the access rights on the dedication statement for the final plat and these access rights shall be shown on the Final Plat drawing. B. The stormwater detention pond shall be covered by a public drainage easement. C. A total of 150 feet of right-of-way (75 foot half from the subject site) for CR 17 shall be provided. D. A total of 120 feet of right-of way (60 foot half from the subject site) for the north street shall be provided. E. A total of 80 feet of right-of-way for the south street shall be provided. F. Lot 1 Block 1 shall be divided into two separate parcels. G. Lot 3 Block 1 shall be merged into another lot. H. Street names on the Final Plat drawings shall be revised to be in conformance with the City's street naming policies. For example, the proposed "Community Drive" should be renamed to "17th Avenue"; "St. Francis Boulevard" should be renamed to "St. Francis Avenue"; and "Health Center Parkway" should be renamed to "Health Center Street". A condition has been recommended requiring these changes be made of the Final Plat as approved by the Engineering Department. 6. The following must be approved prior to approval of the Preliminary and Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Construction plans for all public improvements must be submitted and approved by the City Engineer. Minutes of the Page - 9 Shakopee Planning Commission January 5, 1995 C. The approval of the Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE 1980 COMPREHENSIVE PLAN WHICH WOULD REVISE POLICIES RELATING TO PRIVATE WASTE WATER TREATMENT FACILITIES IN THE CITY -RAHR MALTING. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director provided a brief summary regarding this matter. He stated that the proposal before the Board is to consider the addition of several policies to the Sanitary Sewer Element of the 1980 Shakopee Comprehensive Plan. The amendment would allow construction of private wastewater treatment facilities. He also stated that Rahr Malting is in the process of making major operational changes in an effort to remain competitive in the malting industry. Representatives from Rahr have also stated that with increasing demands on the region's water supply, the concept of re-using the water resource will become more critical in the future. A similar Comprehensive Plan amendment request was made by Rahr in 1992. The City Council approved the amendment with several policies. A variety of issues were raised in the NPDES permit process which essentially stopped this Comprehensive Plan amendment process in 1993. The Planning Director stated that staff is recommending approval of this proposed Comprehensive Plan amendment with the addition of Policy #8 which would require that private treatment plants be within the corporate limitations of the City. Comm. Mars stated a concern regarding the odor of this facility and the dumping of sludge into the river. Comm. DuBois stated a concern of amending the Comprehensive Plan. She is concerned for the residents who live around the facility regarding the odor and stated that once this is made part of the Comprehensive Plan, it would "take an act of Congress" to get this policy changed. The Planning Director stated that once the zoning ordinance comes into play, the notification of property owners within that area around that subject site are notified. Mr. Paul Kramer, Assistant Plant Manager, Rahr Malting Company, 800 West First Avenue, Shakopee, Minnesota, approached the podium. He stated that this wastewater treatment Minutes of the Page- 10 Shakopee Planning Commission January 5, 1995 facility would be very beneficial to the company. It would help lower costs, control area water use issues because the water can be re-used, and would help in the long-term survival of the company. He stated that they chose a system that would be reliable and very capable of handling any odor issues. He stated that their sludge is a very useful sludge and can be used as a fertilizer. He feels that this type of a system would be potentially beneficial for the City and the environment as well. Comm. DuBois asked what type of a facility would this be. Mr. Kramer responded that it would be a concrete tank system 270 feet long and approximately 23 feet high by 55 feet and can be enclosed at the top. Comm. Bladow asked if this type of facility would be a benefit to a future owner if Rahr Malting was ever bought out. Mr. Kramer replied that it would be a definite benefit to anyone if the company was ever bought out by another malting company. Motion: Comm. Christensen/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Mars offered a motion which recommends that the City Council approve the 1980 Comprehensive Plan amendment which would allow private wastewater treatment facilities with the following recommended policies: 1. Only private industrial wastewater treatment facilities will be allowed. No private treatement systems or expansion will be considered until the City is assured that the property owner will meet its financial requirements for the foreseeable future including construction, operation and maintenance costs of the facility. Private industrial wastewater treatment facilities will be allowed only if they are not an economicd detriment to the City of Shakopee. Issues to be considered include but are not limited to property taxes, municipal or metropolitan operating and maintenance fees, costs incurred by the City for previously constructed public facilities, additional public system operating costs as a result of the proposers withdrawing from the public system and the allocations of SAC units. An agreement between the property owner and the City must be approved addressing the financial requirements for the facility. Minutes of the Page- 11 Shakopee Planning Commission January 5, 1995 2. The development of the private treatment systems must be consistent with the city's approved Comprehensive Plan and the City Code. The facility should not encourage premature development in areas not currently planned for urban development or lacking the municipal or other public services it would require. 3. The treatment system owner must obtain and comply with an appropriate permits) granted by the Minnesota Pollution Control Agency and the Metropolitan Council. The system must be located, designed and operated in accordance with its permit(s). 4. All private wastewater systems must use a proven treatment system approved by the City of Shakopee. 5. A facility operations plan establishing procedures including but not limited to water quality monitoring, system failures, back up storage facilities, and plant closures shall be approved by the City. 6. If an emergency arises in which the owner and/or operator cannot fulfill these conditions, the city will require the woner of a private treatment system to cease discharging to that sysem until a long-term solution is established. 7. Any liability or other problems, including pollution problems, resulting from the development, construction, operation, or maintenance of a private wastewater treatment system will be the sole responsibility of the owner/operator of the system. Financial guarantees to cover costs incurred in correcting all damages and to close the treatment plant shall be provided. 8. All private wastewater treatment plants must be located with in the corporate limits of the City of Shakopee. Vote: Motion carried six to one with Comm. Madigan, Bladow, Mars, Joos, Link and Christensen voting in favor of the motion, and Comm. DuBois voting against the motion. Minutes of the Page- 12 Shakopee Planning Commission January 5, 1995 IX. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR HAUERS 5TH ADDITION LOCATED SOUTH OF CR 16 AND WEST OF HAUER TRAIL. - GENE AND VIRGINIA HAUER AND JANE HAUER Chrmn. Joos opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the applicant is requesting Preliminary Plat approval for seven single family residential lots. The site is unplatted land and currently contains an existing residence and two accessory structures which are owned by the applicant. She stated that the developer is proposing two lots which would front onto CSAH 16. The County Engineer controls access to all county roads, and has commented that one shared driveway onto CSAH 16 would be allowed. Staff has recommended a condition requiring that a shared driveway access agreement be recorded for these two lots. She also stated that both of these lots greatly exceed the minimum lot area requirement of 9000 square feet. As shown on the preliminary plat, a 50 foot setback from the future CSAR 16 right-of-way has been labelled for Lots 6 and 7. The increased front yard setback to CSAH 16 would place the future residences at distance more comparable to houses on adjacent properties. A condition requiring a 50 foot setback for these two lots has been incorporated into the recommendation. The Assistant City Planner also stated that the submitted preliminary plat proposes a 100 foot diameter for the Hauer Circle cul-de-sac right-of-way (50 foot radius). The subdivision regulations (Sec. 12.07 Subd. 1.B.) require a 120 foot minimum diameter. Only three lots would front onto this cul-de-sac street. Due to the low volume of traffic, the applicant would like to incorporate a smaller right-of-way for the cul-de-sac. Two alternatives should be considered on the street design for this subdivision. One alternative would be to direct the applicant to redesign the street to meet the 120 foot requirement. The second alternative, and the one recommended by staff, is to recommend to the City Council approval of a variance to allow the 100 foot diameter cul-de-sac bulb. Staff recommends approval of the Preliminary Plat for Hauer's 5th Addition, subject to the 8 conditions discussed in the staff report. Comm. Madigan informed the Board that she is a former co-worker and personal friend of Jane Hauer. Comm.Mars asked the engineering staff if the public safety with this smaller radius is going Minutes of the Page- 13 Shakopee Planning Commission January 5, 1995 to be a problem in plowing or fires. Mr.Dave Nummer responded that the pavement would be the regular size of cul-de-sacs, 45 foot radius. However,the 5 feet behind the curb underground electrical, telephone, cable and water services is not the best situation, but could be lived with. There are utility easements up to the right-of-way, but it would be tight. Mr. Eugene Hauer, 2088 Hauer Trail, Shakopee, Minnesota, approached the podium. He stated that he currently lives on Lot 1 and has been for 30 years. The County is going to redo the road. The land has been farmed all these years. He also stated that it would not be a problem for him to have a shared driveway. Chrmn. Joos commented that the preliminary plat is very difficult to read. Mr. Dave Nummer responded to a question from Comm. Du Boise and stated that there are shared driveways in Shakopee and they are not required to be paved. Motion: Comm. Mars/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Bladow offered a motion to recommend to the City Council the approval of the Preliminary Plat for Hauer's 5th Addition, subject to the following conditions: 1. The following variance from the Subdivision Regulations • is approved: A. Sec. 12.07 Subd. 1.B, which requires a 120 foot diameter for cul-de-sac bulb rights-of-way. A variance to allow a 100 foot diameter cul-de-sac for Hauer Circle is approved. 2. The following procedural actions must be taken: A. Approval of the title opinion by the City Attoney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with Minutes of the Page- 14 Shakopee Planning Commission January 5, 1995 the requirements ofthe Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 eadch per sign pole. (1 @ $250 = $500) 5) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication requirement for the existing structure(Lot 1, Block 1) shall be paid at the time of the approval of the Final Plat for this lot. 3. The following must be completed prior to the approval of Building Permits for the lots in the subdivision plat: A. The applicant shall provide on-site observation and compaction testing of house pads by a rgistered professional soils engineer when native soils are displaced or when building sites are filled. 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the drainage plan. Minutes of the Page- 15 Shakopee Planning Commission January 5, 1995 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision. B. The developer shall provide the City with a recordable easement which will allow the shared driveway access for lots 6 and 7 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot) and extend 40 feet from the north property line on each lot. The property owners shall be responsible for maintenance of the shared driveway easement. 6. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: A. The applicant shall dedicate an additional 17 feet of right of way or CSAH 16, not easement, as proposed on the Preliminary Plat Drawing. B. Shared access drive between Lot 6 and Lot 7, Block 1 must be labeled and dimensioned. C. A soils report shall be submitted and approved by the Engineering Department prior to the approval of the Preliminary Plat by the City Council. 7. The following must be approved prior to approval of the Preliminary Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Preliminary construction plans for all public improvements must be submitted and approved by the City Engineer. Minutes of the Page- 16 Shakopee Planning Commission January 5, 1995 C. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. 8. The following must be approved prior to approval of the Final Plat by the City Council: A. Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 6 and Lot 7, Block 1. B. The applicant receivign a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the Clitywith appropriate minimization/replacement measures. C. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. Vote: Motion carried unanimously. Chrmn. Joos made a proposal to Staff that in the future, if they don't get the separate drawings for a preliminary plat, it will not be reviewed by the Planning Commission. X. PUBLIC HEARING: TO CONSIDER THE PLANNED UNIT DEVELOPMENT FOR HAUER'S HILLSIDE TOWNHOMES LOCATED SOUTH OF CR 16 AND EAST OF HAUER TRAIL- GENE AND VIRGINIA HAUER AND JANE HAUER. .. Chrmn. Joos opened the public hearing regarding the above entitled matter. He stated that Gene and Ginny Hauer, and Jane Hauer have submitted an application for a Planned Unit Development for Hauer's Hillside Townhomes. However, due to the construction of CR 16, which is located adjacent to the site, the applicants have requested that this public hearing be canceled. Motion: Comm. Mars/Link offered a motion to cancel the public hearing for the Planned Unit Development for Hauer's Hillside Townhomes, and move its approval. Vote: Motion carried unanimously. Mr. Eugene Hauer, 2088 Hauer Trail, Shakopee, Minnesota, approached the podium. He Minutes of the Page- 17 Shakopee Planning Commission January 5, 1995 stated that in November, he didn't have enough material for the two plats for the December meeting, so this item should not have been on the agenda and feels he should not be charged for this public hearing. Comm. Christensen suggested that at future meetings, if there is an item that is canceled, that it be announced at the beginning of the meeting so that if there are citizens from the audience waiting to speak on the matter, that they be informed and can leave at that time instead of waiting throughout the whole meeting. XI. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF ORLEANS ADDITION, LOCATED ALONG BOURBON AVENUE - EAST OF MARSCHALL ROAD (COUNTY ROAD 17). - ORLEANS. INC. (J. PATRICK LEAVITI). Chrmn. Joos opened the floor for discussion regarding the above entitled matter. The Assistant City Planner stated that the applicant is requesting approval of the Final Plat for the first phase to develop 19 of the 25 lots approved with the Preliminary Plat. However, due to the 1000 foot cul-de-sac limitation, Staff recommends that only 8 lots be platted within the first phase. Staff is recommending approval of the final plat, but limiting it to the 8 lots. Mr. Mike Falk, representative for the applicant, approached the podium. He stated that he appreciates the 1000 foot cul-de-sac length. The Orleans Addition is one of three adjacent additions that front County Road 17. He stated that he has been trying to work on the north and south connections and trying to work with the Maple Trails Addition to the South, and Dominion Hills Addition to the north of the proposed plat. He stated that they are also working on connecting Bourbon Avenue onto Peace Avenue. He is suggesting th4t language be put in that would eliminate requiring the property to the east until street connections can be made. Comm. DuBois stated a real concern regarding traffic to the north. Mr. Falk stated that there would be four access points out onto County Road 17. Mr. Gary Laurent, 128 South Fuller Street, Shakopee, Minnesota, approached the podium. He was representing the property owner of Maple Trails Estates. He stated that the property owners are requesting that Item H be added to Condition#6 which would state that the final plat include a public street on the east side connecting to the Maple Trail Plat. That would protect the property owners and would assure another access to the property. Mr. Laurent stated that there is full cooperation between Maple Trail Addition and Orleans Addition Minutes of the Page- 18 Shakopee Planning Commission January 5, 1995 developers. Motion: Comm. DuBois/Bladow offered a motion to recommend to the City Council the approval of the Final Plat for Orleans 1st Addition, subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f), which states that the maximum length of cul-de-sac streets shall be 1,000 feet for the rural service area. A variance to allow the right-of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de- sac= approximately 1,083'; Bourbon Trail to west=2,905'; and Bourbon Avenue to north = approximately 1,915') is approved. However, the applicant shall not construct these streets beyond the 1,000 foot maximum cul-de-sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. (2 @ $250= $500) 5) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. Minutes of the Page- 19 Shakopee Planning Commission January 5, 1995 6) Adequate temporary easements for the turnarounds must be dedicated for q P rY the turnaround facilities, and adequate turnaround facailities for all temporary cul-de-sac streets must be constructed. 3. The following must be completed prior to the approval of Building Permits for the lots in the subdivision plat: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. Structures shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. 4. The following actions must take place: A. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. B. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 6. The applicant shall submit a revised Final Plat drawing prior to approval by the City Council which reflects the following design changes: A. The proposed drainage and utility easement for the pond shall be expanded to cover the entire wetland area. B. The proposed Outlot A must be incorporated into Lot 1, Block 2. C. Dedicate all proposed public streets with the 1st Addition, except Peace Circle. D. Final Plat only the following lots with the 1st Addition: Lots 1, 2, 4, and 5, Block 1; Minutes of the Page-20 Shakopee Planning Commission January 5, 1995 Lots 1 and 2, Block 2; and Lots 2 and 3, Block 3. E. Direct access from the individual lots onto CR 17 for Lot 1, Block 1, and Lot 1, Block 2, shall be prohibited. Access rights shall be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access rights shall be shown on the Final Plat drawing. F. The Final Plat drawing must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. G. The Final Plat for this phase shall be named "Orleans 1st Addition", instead of "Orleans Addition", as proposed by the applicant. 7. The following must be approved prior to approval of the Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Final construction plans for all public improvements must be submitted and approved by the City Engineer. C. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. D. An access permit from the Scott County Highway Department will be required for Bourbon Avenue. E. The applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. F. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. G. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. H. The final plat include a public street on the east side connecting to the Maple Trail Plat, however not to construct streets beyond the 1000 foot maximum until the street Minutes of the Page- 21 Shakopee Planning Commission January 5, 1995 connections can be made to avoid and to eliminate additional costs. Vote:, Motion carried unanimously. XII. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO THE NEW ZONING ORDINANCE TEXT(ORDINANCE NO. 377)WHICH WAS ADOPTED ON JUNE 7. 1994. - CITY OF SHAKOPEE. Chrmn. Joos the public hearing regarding the above entitled matter. The Planning Director stated that he would like this matter continued to the February meeting. Motion: Comm. Mars/Christensen offered a motion which continues the public hearing on the proposed zoning ordinance text amendment to the February 9, 1995, Planning Commission meeting. Vote: Motion carried unanimously. XIII. OTHER BUSINESS: a. Discussion -Results of December 14, 1995 Joint Meeting- Verbal The Planning Director stated that the County is working on the Comp. Plan and is looking to have a public hearing on January 26, 1995, at 7:30 p.m. b. Invitation to the Park and Recreation Board Meeting to be held on January 0, 1995. c. Meeting of the Planning Commission to be held on January 12, 1995, regarding the public hearing of the Comprehensive Plan. XIV. ADJOURNMENT: The meeting adjourned at 10:11 p.m. IC MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Community Center Project Status Report DATE: January 13, 1995 INTRODUCTION: On January 3, 1995 City Council directed staff to research the possibility of constructing a domed athletic facility in our community. Staff is currently working with Bahram Akradi Lifetime Fitness to generate some preliminary data regarding the construction and operating costs associated with a dome. The majority of the analysis is being completed by myself. I believe that by the Committee of the Whole meeting on January 24, 1995 I will have enough information to determine whether or not we should proceed with further analysis of the dome concept . Bahram Akradi will be closely involved in reviewing the financial information generated by staff in the very preliminary analysis. If you have any questions regarding the process, please feel free to contact me. 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Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 20, 1994 Chrmn. Lynch called the meeting to order at 7 : 07 p.m. with Commissioners Brekke, Laurent, Beard, and Sweeney present . Also present : Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; Dave Nummer, Staff Engineer; Dennis Kraft, City Administrator/HRA Director; and Tom Steininger, Chief of Police. Beard/Sweeney moved to approve the minutes of the December 6, 1994 meeting. Motion carried unanimously. There being no further business to come before the HRA, Chrmn. Lynch adjourned to the first meeting in January. Chrmn. Lynch reconvened the meeting. Kenneth Scannell, 1245 E. Shakopee Avenue, Shakopee, MN. approached the podium. He addressed the section 8 housing and concerns that rents have been raised higher than what section 8 will pay. He stated that he had discussed this with the Scott County H.R.A. where the vouchers come from and was told they could not help him. Discussion followed. Mayor Laurent suggested Mr. Scannell verify the possibility of paying the difference with Scott County H.R.A. Chrmn. Lynch stated that Mr.Scannell needed to speak with Scott County H.R.A. also because Shakopee H.R.A. does not deal with section 8 housing. She suggested he speak with Mr. Jaffa in Prior Lake, at H.R.A. Chrmn. Lynch adjourned to the first meeting in January at 7: 00 p.m. Meeting adjourned at 7 : 14 p.m. Dennis R. Kraft Executive Director Judith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY • ANNUAL MEETING SHAKOPEE,_ MINNESOTA JANUARY 3 , 1995 Chrmn. Lynch called the meeting to order at 7 : 04 P.M. with Comm. Brekke, Sweeney and Mayor Laurent present. Absent: Commissioner Beard. Also present: Dennis Kraft, City Administrator; Mark Erickson, Assistant City Attorney Lindberg Ekola, Planning Director; Barry Stock, Assistant City Administrator; Dave Nummer, City Engineer, and Judith S. Cox, City Clerk. Sweeney/Laurent moved to approve the minutes of November 22 & 29 , 1994 . Motion carried unanimously. Election of officers ensued. Laurent/Sweeney nominated Michael Beard for the position of Chairman. Sweeney/Brekke moved to close the nominations and that a unanimous ballot be cast for Michael Beard for Chairman. Motion carried unanimously. Laurent/Brekke nominated Joan Lynch for the position of Vice Chairman. Sweeney/Brekke moved to close the nominations and that a unanimous ballot be cast for Joan Lynch for Vice Chairman. Motion carried unanimously. Laurent/Sweeney nominated Jon Brekke for the position of Secretary. Sweeney/Lynch moved to close the nominations and that a unanimous ballot be cast for Jon Brekke for Secretary. Motion carried unanimously. Chrmn. Lynch adjourned the meeting at 7 : 08 p.m. to February 17, 1995. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 20, 1994 Mayor Laurent called the meeting to order at 7 : 06 p.m. with Cncl . Brekke, Lynch, Beard and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Judith S. Cox, City Clerk; Tom Steininger, Chief of Police; and Dave Nummer, Staff Engineer. Items added to the agenda: 15a) Amendment to the Preliminary Plat for The Meadows West and Final Plat for The Meadows West 1st Addition. 15b) Purchase of Unused Holiday Time. Lynch/Beard moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed for an H.R.A. Meeting. Mayor Laurent re-convened the meeting at 7 : 14 p.m. Mayor Laurent presented a plaque to Dennis Kraft from the Minnesota Board of Peace Officer Standards In Training for his part as a facilitator for the first planning day. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone in the audience would like to address the City Council on any item not on the agenda. There was no response. Items added to Consent Business: 12b) Zoning Ordinance Map - Phase III . 15a) Amendment to the Preliminary Plat for The Meadows West and Final Plat for The Meadows West 1st Addition. 15b) Purchase of Unused Holiday Time. Items removed from Consent Business: lOb) Communication from Mr. Moreland requesting an amendment to the pawnshop ordinance. 13f) 1995 Cigarette- Licenses. 14c) 1995 Fee Resolution. Sweeney/Beard moved to approve the Consent Business as modified. Motion carried, with Mayor Laurent abstaining on approving the cigarette licenses and the time extension for filing the plat of Stonebrooke Second Addition. Ross Green, Supervisor in the Scott-Carver Operating Division of the Metropolitan Mosquito Control District approached the podium. He introduced a brief video which explained the entire program and how a portion of the tax dollars are spent in controlling mosquitos over a seven county/3000 square mile area. Official Proceedings of the December 20, 1994 Shakopee City Council Page -2- Cncl . Beard asked Mr. Green if there was something available to private land owners for the areas not covered by mosquito control . Mr. Green stated that there is a mutual agreement with the Minnesota Natural Resources not to treat other wetlands, that they are treating the most productive areas. Beard/Lynch moved to direct the City Attorney to prepare an amendment to the pawnshop and secondhand dealer's licensing ordinance to exempt the resale of military goods. Motion carried unanimously. Tom Steininger, Shakopee Chief of Police, approached the podium and addressed the City Code in dealing with snowmobiles. He stated that complaints and violations have been plotted from 1990-1994 and discussed complaints and violations in the surrounding areas also. Discussion followed. Ruth Moser, 1128 Goldenrod Lane, Shakopee, Mn. approached the podium. She stated that she had spoken with a member of a local snowmobile club and was told that the riders are educated in a training course to stay off of the bike paths. She also expressed frustration that her concerns of safety were not being heard. Discussion followed. Pat Hughes, 1147 Goldenrod Lane, Shakopee, Mn. approached the podium. He also expressed concerns of safety and stated that although there is presently a sign in the area relating to no snowmobiling, the sign is ignored. Mr. Hughes stated that a fence might be a good idea. Discussion followed. Ms. Marty stated that there is a liability to the City for putting fences where people would not expect them. Discussion continued. Beard/Lynch moved to approve alternatives 1) liberally install snow fences and signs in selected areas, 3) involve snowmobilers policing in education and selfolicin and with a clear direction to the snowmobile association that if things don't get better, the conditions for snowmobiling will get worse, 5) relocate trail access points, and adding 7) to direct staff to prepare for discussion at a future Council Meeting this winter, a map of the city with the appropriately approved D.N.R. trails for snowmobiles that do exist and to have them ready for discussion. Discussion followed. Official Proceedings of the December 20, 1994 Shakopee City Council Page -3- Lynch/Beard offered an amendment to include some language that if the Sheriff's Department does most of the policing that staff enter into talks with them to see if enforcement might be increased to help the problem. Motion carried unanimously. Cncl .Brekke suggested setting a date to review this situation again. Cncl. Beard stated that 30 days was within the motion and that would be the first meeting in February. Motion carried unanimously on main motion as amended. Sweeney/Beard moved to authorize the consumption of alcoholic beverages at Murphy's Landing for private parties within: Murphy's Landing Restaurant, Tabaka House, Herrick House, and the Town Hall . (Motion carried under consent business) . Mayor Laurent opened the hearing on the adoption of the tax levy and budget for 'l995. Mayor Laurent asked for comments from members of the audience. There was no response. Sweeney/Lynch offered Resolution No. 4135, A Resolution Setting 1994 Tax Levy, Collectible In 1995, and moved its adoption. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 4136, A Resolution Adopting The 1995 Budget, and moved its adoption. Motion carried unanimously. Mayor Laurent closed the public hearing. Sweeney/Beard offered Resolution No. 4142, Amendment No. 1 to Resolution No. 4048, A Resolution Of The City Of Shakopee, Minnesota, Approving The Preliminary And Final Development Plans For Prairie Bend, and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard offered Ordinance No. 395, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Adopting the Zoning Map for the Area Surrounding Dean Lake, and moved its adoption. (Motion carried under consent business. ) Terry Link, President Shakopee Fire Department Relief Association approached the podium. He explained that the bylaws have been updated to meet the 1996 State of Minnesota requirements for Relief Associations and their bylaws. He asked for acceptance of the bylaws by the City Council. Official Proceedings of the December 20, 1994 Shakopee City Council Page -4- Dave Judd, 1st Captain, training officer, Shakopee Fire Department, Secretary, Shakopee Fire Department Relief Association, approached the podium. He explained that most of the changes were legal standards and that a lot of time had been spent to conform with state issues. He stated that there is a new Attachment A (benefit formula) attached. The formula ties the pension benefit per years of service to the Stanton Survey for the next five years. Mayor Laurent suggested that rather than go through the changes individually, that the City Attorney review them. Sweeney/Lynch moved to table the bylaws of the Shakopee Fire Department Relief Association until the City Attorney has reviewed them. Motion carried unanimously. Sweeney/Beard moved to accept Sgt. Clark's request to be transferred from the rank of Sergeant to the rank of Patrolman effective 01 01 95 at a rate of $3 , 284 . 00 per month with subsequent adjustments as called for by the Police Patrol Officer's Union Contract. (Motion carried under consent business. ) Sweeney/Beard moved to appoint Officer Flynn to the position of Police Sergeant, effective 01 01 95, at the 1994 rate of $3 , 486. 09- per month with subsequent adjustments as provided for by the Police Sergeant's Union Contract. (Motion carried under consent business. ) Sweeney/Beard moved to authorize the appropriate city officials to contract with George's Cleaning Service to clean the Police Department in 1995 for $7 , 591. 32 . (Motion carried under consent business. ) Lindberg Ekola, City Planner, approached the podium. He discussed alternatives for moving Mr. Anderson's house and recommended that the house be moved out of the City without any temporary storage within the City, or in the event Mr. Anderson decides not to move the house from its current location, that he demolish it on the site and landfill appropriately. Discussion followed. Chris Anderson, 1438 Maras Street, approached the podium. He explained that he had originally asked for a six month time frame for storage because of winter building conditions. He stated that he does not intend to keep the house on site that long, that he intends to move into it and has given Mr. Ekola a permanent location for the house and that the City of Savage had inspected it and he must make a few minor changes to meet the code. Mr. Anderson explained that he has a purchase agreement for land in Savage, but it would take 6-8. weeks for the process in._Savage. He stated that the building was built on I-i and he wants to move it_ Official Proceedings of the December 20, 1994 Shakopee City Council Page -5- onto an I-1 location. He stated that the City of Savage will allow him to move into the house 30 days prior to finishing changes but the house must still be moved by December 31, 1994 . Discussion followed. Brekke/Lynch moved to direct staff to inform Mr. Anderson that the I-1 Zone does not permit residential uses or relocated structures . Discussion followed. Motion carried unanimously. Mayor Laurent recessed for a break at 9: 32 p.m. Mayor Laurent re-convened the meeting at 9 : 42 p.m. Sweeney/Lynch moved to direct the City Attorney to prepare an amendment to the Shakopee City Code which would require the installation of separate sewer lines and separate water meters for single story condominiums and townhome construction. Discussion followed. Brekke/Beard moved to amend the motion by deleting the "separate sewer lines" from the motion. Motion carried unanimously. Jim Johnston, 4940 Viking Drive, Minneapolis, Mn. approached the podium. He explained that throughout the project single service sewer and single water service to each building has been shown from the SPUC approved and stamped preliminary plans to the final hard engineering plans; to ask for separate service for each unit now would increase the cost of each unit by $500. 00. Mr. Johnston asked to stay with a one water meter system for each building. Discussion followed. Motion defeated on the main motion as amended with Cncl.Lynch voting for the main motion as amended. Beard/Brekke moved to direct the appropriate City officials to prepare an administrative policy which would result in the installation of common sewer line and common water meter installation for condominium units. Motion carried with Cncl . Lynch dissenting. Sweeney/Beard moved to authorize the City Clerk to issue cigarette licenses for 1995. Motion carried with Mayor Laurent abstaining. Sweeney/Beard moved to approve application and grand a Tattoo License to Linda Kurian, Body Art, 205 South Lewis, conditioned upon proof- of the required insurance and upon satisfactory Official Proceedings of the December 20, 1994 Shakopee City Council Page -6- inspection of the premises by a sanitarian. (Motion carried under consent business. ) Sweeney/Beard moved to approve application and grant a massage center license to Dawn M. Krause/Klip and Kurl, 238 South Lewis Street. (Motion carried under consent business. ) Sweeney/Beard moved to approve the application and grant a masseuse license to Dawn M. Krause, 238 South Lewis Street. (Motion carried under consent business. ) Sweeney/Beard moved to approve the application and grant a Pawnshop License to American Pawnbrokers, Inc. , 450 West 1st Avenue. (Motion carried under consent business. ) Sweeney/Beard moved to approve the application and grand a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Johan W. Nelson, American Pawnbrokers, Inc. , 450 West 1st Avenue. (Motion carried under consent business. ) Sweeney/Beard moved to approve employee licensees for the following employees of American Pawnbrokers, Inc. : Willard George Hoeppner, Samuel David Rockne, Dennis William Nelson, and Patrick Tony Rockne. (Motion carried under consent business. ) Sweeney/Beard moved to approve the application and grant a Pawnshop License to Shakopee Pawn And Cash Co. , 1147 Canterbury Road. (Motion carried under consent business. ) Sweeney/Beard moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Shakopee Pawn and Cash Co. , 1147 Canterbury Road. (Motion carried under consent business. ) Sweeney/Beard moved to approve employee licenses for the following employees of Shakopee Pawn and Cash Co. : John Richards, Sherri Marzario, Nick Falco, Seven Aksamit, Jessica Dold, Mark Saurer, and Mike Gould. (Motion carried under consent business. ) Sweeney/Lynch moved to remove the 1995 Sanitary Sewer Rates from the table. Motion carried unanimously. Discussion followed. Beard/Lynch moved to increase the sanitary sewer rates for 1995 at the flat rate of $8 . 00 per month and $1. 74 per 1, 000 gallons of flow and that the rates be included in the 1995 fee schedule. Paul Kramer, Rahr Malting Co. , approached the podium. He stated that Rahr's flow is expected to increase about 80, 000 gal/year and Official Proceedings of the December 20, 1994 Shakopee City Council Page -T- asked Council to look at the increase in funds from the additional flow. He stated that the rate increase will hurt competition. Discussion followed. Motion carried unanimously. Sweeney/Beard moved to authorize the purchase of a full size police squad from Superior Ford in the amount of $17, 284 . 00 plus dealer delivery in accordance with the Hennepin County cooperative contract. (Motion carried under consent business. ) Sweeney/Beard moved to transfer from the Capital Equipment Fund to the General Fund $13 , 662 . 96 for the purchase of equipment in 1994 . (Motion carried under consent business. ) Sweeney/Beard moved to grant the developer of Stonebrooke Second Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office. (Motion carried under consent business with Mayor Laurent abstaining. ) Sweeney/Beard moved to approve bills in the Amount of $1, 052 , 672 . 14 . (Motion carried under consent business. ) Beard/Sweeney moved to remove the CR-18 Cooperative Agreement - from the table. Motion carried unanimously. Sweeney/Beard moved to authorize the appropriate City officials to execute the Cooperative Agreement with Scott County for the County Road 18 Project. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 4127, A Resolution Approving Scott County Plans To Improve County State Aid Highway/County Road 18 Between The Southerly Shakopee City Limits To The Future Shakopee Bypass CP 91-18-02 , and moved its adoption. Motion carried unanimously. Brekke/Lynch offered Resolution No. 4128, A Resolution Restricting Parking On County State Aid Highway/County Road 18 Between The Southerly Shakopee City Limits To The Future Shakopee Bypass CP 91- 18-02 , and moved its adoption. Motion carried unanimously. Sweeney/Beard moved to appoint the Public Works Director to represent Shakopee on the Shakopee Basin Watershed Management Organization. (Motion carried under consent business. ) Sweeney/Beard offered Resolution No. 4141, A Resolution Amending Resolution 3913 Adopting The 1994 Budget, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the December 20, 1994 Shakopee City Council Page -8- Sweeney/Beard offered Ordinance No. 394 , An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 2 , Administration and General Government, Sec. 2 . 05, City Administrator, Subd. 5, Duties, By Repealing Paragraph H, Relating To Contracts, And Adopting A New Paragraph In Lieu Thereof , Relating To The Same Subject, and moved its adoption. (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 4143 , A Resolution Setting Fees For City Licenses, Permits, Services And Documents, and moved its adoption. Motion carried unanimously. Sweeney/Beard offered Resolution No. 4144, A Resolution Adopting the 1995 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard offered Resolution No. 4145, A Resolution Apportioning Assessments for New Parcels Created As A Result Of The Platting Of The Meadows West 1st Addition, and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard offered Resolution No. 4146, A Resolution Accepting Work on 12th Avenue Sewer and Watermain Improvements, Located Between County Road 83 and Valley Park Drive, Project 1992-4 , and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard offered Resolution No. 4147, A Resolution Of The City Of Shakopee, Minnesota, Approving An Amendment To Resolution No. 4086, A Resolution Approving The Preliminary Plat For The Meadows West, And The Final Plat For The Meadows West 1st Addition, and moved its adoption. (Motion carried under consent business. ) Sweeney/Beard moved to authorize the appropriate City Officials to buy back unused holiday hours from the individuals listed and up to the amount indicated in the memo from Tom Steininger, Chief of Police, dated December 16, 1994 (City Clerk Document #216) . (Motion carried under consent business. ) Mayor Laurent adjourned the meeting at 10: 55 p.m. tAXtitdj di dith S. Cox ity Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 3 , 1995 Mayor Laurent called the meeting to order at 7 :93 P.M. with Cncl. Brekke, Lynch, and Sweeney present. Absent: Cncl.Beard. Also present: Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Mark Erickson, Assistant City Attorney; Lindberg Ekola, Planning Director; Dave Nummer, City Engineer; and Judith S. Cox, City Clerk. Items added to the agenda: 15b) Shakopee Senior Graduation Party Committee. Sweeney/Laurent moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the meeting for an H.R.A. meeting at 7 : 04 P.M. The meeting re-convened at 7 : 08 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak on any item not on the agenda. Don McNeil, 1101 Naumkeag St. , Shakopee, Mn, approached the podium. Mr. McNeil proposed having telephone communications for those viewers that cannot make it to the City Council meetings to make them feel more a part of the process. Cncl. Lynch stated that it would be worth investigating Mr. McNeil's proposal without a commitment. Mayor Laurent stated that he had concerns for potential misuse or having the Council meeting turn into a talk show. Cncl. Sweeney asked how the plans for getting the agenda on the monitor prior to the meeting were going. Cncl. Lynch suggested adding the agenda and consent business on the character generator so it could be viewed on the weekend. Lynch/Sweeney moved to put the agenda on the cable access channel on Friday so people can see it over the weekend. Motion carried unanimously. Mr. McNeil offered to research the possibility of the telephone communications during Council meetings. t Official Proceedings of the January 3 , 1995 Shakopee City Council Page -2- Items added to consent: 13j ) Resolution No. 4149, a resolution designating a Director and Alternate Director to the Suburban Rate Authority. 15b) Shakopee Senior Graduation Party Committee. Items removed from consent: 13b) New Police Officer. Brekke/Lynch moved to approve the Consent Business as modified. Motion carried unanimously. Brekke/Lynch moved the approval of the minutes of November 22nd and 29th, and December 14, 1994 . (Motion carried under Consent Business) . Brekke/Lynch moved to receive and file the communication from Cliff McCann, Scott County Administrator, requesting nominations for the appointment of two managers to the Prior Lake/Spring Lake Watershed District Board of Managers. (Motion carried under Consent Business) . Brekke/Lynch moved to receive and file the communication from Donald Hall, property owner, requesting information as to how his assessment will be made and what criteria will be used to apportion the estimated cost. (Motion carried under Consent Business) . Sweeney/Lynch moved to endorse Council Meeting Objectives and Procedures as outlined in the memo from Mayor Laurent dated December 27, 1994 (City Clerk Document #217) . Motion carried unanimously. Brekke/Lynch moved to direct staff to pursue the illumination of the flags at the City Hall and the Fire Department. Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed street light at the intersection of CR-83 and Valley Industrial Boulevard South. Dave Nummer gave a report and stated that Mr. Koskovich's property does abut the property and would benefit from a street light. Mayor Laurent asked if anyone present wished to speak on the proposed street light. There was no response. Mayor Laurent closed the public hearing. Sweeney/Lynch offered Resolution No. 4151, A Resolution Ordering an Improvement By Installation of aStreet Light at the Intersection of Valley Industrial Boulevard South and County Road 83 , Project No. 1995-4, and moved its adoption. Motion failed unanimously. Official Proceedings of the January 3 , 1995 Shakopee City Council Page -3- Mayor Laurent opened the public hearing for the proposed public improvements for the P & V Addition and P & V Second Addition. Dave Nummer spoke briefly on the proposed public improvements for the P & V additions and stated that 31 property owners of the 34 parcels on the assessment roll have signed the waivers. He explained that the improvements consist of sanitary sewer, watermain, 36' urban section and that the estimated cost is $11, 500 per lot. Sweeney/Lynch moved to give the 3 parcels that have not yet signed the waivers until 7 : 50 P.M. tonight to do so, or to be assessed an estimated $11, 500.00. Motion carried unanimously. Ms. Cox stated that she did have waivers with her. Mayor Laurent .asked if anyone present wished to speak on the proposed improvements for the P & V Additions. John Collins, 109 E Mound St. , Shakopee, Mn. approached the podium. Mr. Collins stated his concern about the Harcy property, which the state bought and is currently renting out. He asked whether the state was going to pay the assessments. He also wanted to make sure he would not be assessed for a vacant lot which has no street access. Dave Nummer stated that Mr. Collins would not be assessed for the vacant lot but that there would also not be any sewer or water installed. In answer to Mr. Collins other question, he stated that the State would pay the assessments for the Harcy property. Mayor Laurent closed the public hearing for the P & V Additions. Lynch/Sweeney offered Resolution No. 4150, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the P & V Addition and P & V 2nd Addition, Project No. 1995-5, and moved its adoption. Motion carried unanimously. Cncl.Lynch stated her concern for taking the time to seek qualified candidates for police officers. Cncl.Sweeney reiterated Cncl.Lynch's concerns for the record. Cncl.Brekke also had the same concern and wanted it noted on the record. Lynch/Sweeney moved to authorize the hiring of Chris L. Dellwo as a police officer with the Shakopee Police Department at a monthly rate of $2,463 . 00 subject to the satisfactory completion of pre- employment medical and psychological testing and the customary 12 month probation period. Motion carried unanimously. Official Proceedings of the January 3, 1995 Shakopee City Council Page -4- Barry Stock spoke briefly on the Community Center Project. He stated that it would not be practical to conduct recreation program activities for Shakopee residents from either the Chaska Community Center or the Dakota Fitness Facility. He went over three cost estimates with both high and low projections for a facility which would include an Ice Arena, Meeting Rooms, Gymnasium/Running Track, Racquetball Courts, Banquet Hall, Offices and Cable Studio. Mr. Stock stated he had met with Mr. Akradi, from Lifetime Fitness, to discuss the Community Center Project. Mr. Akradi then suggested the possibility of pursuing another alternative. Bahram Akradi, President, Lifetime Fitness, approached the podium. He presented a new idea of a domed athletic complex that would include two gymnasiums, softball/soccer fields, running track, rollerblade track, batting cage and golf cage. Mr. Akaradi stated that this facility would be very unique and would attract users from a large market area which would increase the potential revenue. Mayor Laurent asked Mr. Akradi what estimated population would be needed to support the domed facility. Mr. Akradi stated that this facility would draw from a market area between 30, 000 and 40, 000 people. Mayor Laurent asked what the estimated life of a dome is. Mr. Akradi replied "15-20 years. " Cncl. Brekke asked Mr. Akradi what costs he estimated. Mr. Akradi stated that he had not done any real work on this yet but that if Council wanted to pursue the new idea the work would not be covered under the existing consulting contract. He said that he would be willing to meet with staff a couple of times to help them get started on obtaining information. If, after Council reviewed the information and wanted to pursue the project, a new consulting contract would be necessary. Discussion followed. Cncl. Sweeney suggested setting a time frame for staff and Mr. Akradi to decide whether they want to make a recommendation to pursue the new concept further. Sweeney/Brekke moved to direct staff to explore the new concept further. Mayor Laurent stated that the motion did not exclude the ice arena. Motion carried unanimously. Official Proceedings of the January 3 , 1995 Shakopee City Council Page -5- Brekke/Lynch offered Resolution No. 4152, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for the proposed Fischer Aggregates gravel mine expansion, and moved its adoption. (Motion carried under Consent Business) . Brekke/Lynch moved to authorize the City Administrator to execute the renewal contract for 1995 employee group health insurance with BlueCross/BlueShield, Minnesota Mutual for 1995 life insurance and Fortis Benefits for 1995 long term disability insurance. (Motion carried under Consent Business) . Brekke/Lynch moved to approve bills in the amount of $138, 898. 36. (Motion carried under Consent Business) . Brekke/Lynch moved to terminate Mark Erickson's probationary status. (Motion carried under Consent Business) . Brekke/Lynch moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1995. (Motion carried under Consent Business) . Brekke/Lynch moved to waive the 30 day review period for the Shakopee Senior Graduation Party, Inc. 's application for authorization for exemption from lawful gambling license and approve said application. (Motion carried under Consent Business) . Brekke/Lynch moved to approve the 1995 liaison appointments as recommended by Mayor Laurent in his memo of December 29, 1994 (City Clerk Document #218) . (Motion carried under Consent Business. ) Brekke/Lynch offered Resolution No. 4149, A Resolution Designating Director and Alternate Director to the Suburban Rate Authority, and moved its adoption. (Motion carried under Consent Business. ) Brekke/Lynch moved to approve the application from Ms. Elsie Stemmer, 515 East 4th Avenue, and grand deferment of special assessments to parcel #27-001825-0 for the 1993-7 1993 Reconstruction Project, pursuant to the conditions outlined in Section 2 .82 of the City Code. (Motion carried under Consent Business) . Brekke/Lynch moved to authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1995. (Motion carried under Consent Business) . Brekke/Lynch offered Ordinance No. 396, An Ordinance Amending The City Code, Chapter 8, Traffic Regulations, By Repealing Sec. 9 . 06, Bicycles, And Enacting One New Section In Lieu Thereof, Applying To All Nonmotorized Wheeled Transportation, and moved its adoption. (Motion carried under . Consent Business) . Official Proceedings of the January 3 , 1995 Shakopee City Council Page -6- Brekke/Lynch offered Ordinance No. 397, An Ordinance Amending City Code Chapter 6, Other Business Regulation And Licensing, Sec. 6. 20, Pawnbrokers, Precious Metal Dealers, And Secondhand Dealers, Subd. 2, Definitions, By Repealing Paragraph F And Enacting One New Paragraph In Lieu Thereof, and moved its adoption. (Motion carried under Consent Business) . Brekke/Lynch offered Resolution No. 4148, A Resolution Setting the Public Hearing Date to Consider the Vacation of The Portion of Spencer Street Located North of TH 101, and moved its adoption. (Motion carried under Consent Business) . The next Committee Of The Whole meeting was scheduled for January 24, 1995, at 5: 30 P.M. to meet with the townships. Brekke/Lynch moved to authorize the Shakopee Senior Graduation Party Committee to utilize space within the Southerly 2/3's of the East side of the old City Hall building at 129 East First Avenue until June 30, 1995. (Motion carried under Consent Business) . Mayor Laurent recessed for an executive session to discuss labor negotiations at 8:46 P.M. Mayor Laurent re-convened the meeting at 9: 16 P.M. and stated that no action was taken by the City Council during the executive session. Mayor Laurent adjourned to Tuesday, January 17, 1995 at 7:00 P.M. The meeting adjourned at 9: 16 P.M. di U4A (4. Oidy._ 11.ith S. Cox y Clerk Esther TenEyck Recording Secretary CONSENT 1/.14, CONSENT To: Dennis R. Kraft, City Administrator From: Lindberg S. Ekola, Planning Director RE: Proposed 1980 Comprehensive Plan Amendment Sanitary Sewer Element Private Wastewater Treatment Facilities -Rahr Malting Co. Date: January 9, 1995 INTRODUCTION: At the January 5, 1995 meeting, the Planning Commission reviewed the proposed Amendment to the 1980 Comprehensive Plan which would allow private wastewater treatment facilities. Attached to this memo is a copy of the memo forwarded to the Planning Commission for their meeting. DISCUSSION: The Planning Commission recommended approval of the Comprehensive Plan Amendment which included seven policy statements. The Planning Commission also recommended an additional policy statement which has been listed below. 8. All private wastewater treatment plants must be located within the corporate limits of the City of Shakopee. ALTERNATIVES: 1. Approve the proposed Comprehensive Plan Amendment. 2. Deny the proposed Comprehensive Plan Amendment. 3. Table the decision for further information from staff and/or the applicant, Rahr Malting. RECOMMENDATION: The Planning Commission recommended that the City Council approve the proposed 1980 Comprehensive Plan Amendment to the Sanitary Sewer Element which would allow for private wastewater treatment facilities as conditioned in the policy statements. ACTION REQUESTED: Offer Resolution No. 4153, a resolution of the City of Shakopee, Minnesota, amending the 1980 Comprehensive Plan to allow private industrial wastewater treatment facilities in the City, and move its adoption. RESOLUTION NO. 4153 OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE 1980 A RESOLUTION A, COMPREHENSIVE PLAN TO ALLOW PRIVATE INDUSTRIAL WASTEWATER TREATMENT FACILITIES IN THE CITY. WHEREAS, on August 4, 1981, the City Council adopted the 1980 comprehensive Plan of the City; and WHEREAS, on January 5, 1995, the Planning Commission reviewed and recommended approval of an amendment to the Comprehensive Plan to allow the construction of private industrial wastewater treatment facilities in the City; and WHEREAS, the City Council agrees with the proposed amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the 1980 Comprehensive Plan is hereby amended to all ow the construction of private industrial wastewater treatment facilities in the City as outlined in Exhibit A attached hereto and made a part thereof. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: , City Clerk Approved as to form: , City Attorney (cparahr.cc) ATTACHMENT A RESOLUTION No. 4153 PRIVATE WASTEWATER TREATMENT SYSTEMS: Private treatment systems are small, non-publicly owned treatment facilities such as 'package treatment plants: and their collection systems that are designed to serve more than a single residence, business or development, or a single use or development too large to be served effectively by an individual, on-site sewage treatment system. These facilities usually require a National Pollutant Discharge Elimination System (NPDES) permit or a state disposal system permit (SDS). The City does not wish to be the owner or operator of a private treatment systems or bear any portion of the capital or operating costs now or in the future. The applicant must provide financial guarantees to the City that the necessary financial resources will be available to construct, maintain and operate the facilities according to the conditions stipulated in state, city and other governmental permits and approvals. If an emergency condition arises in which the owner and/or operator cannot fulfill these conditions, the owner shall cease discharging to treatment system until a long term solution is established. POLICIES Private wastewater treatment systems will be considered where they are necessary to serve industrial process water treatment needs. The owner/operator shall meet the following conditions. 1. Only private industrial wastewater treatment facilities will be allowed. No private treatment systems or expansion will be considered until the City is assured that the property owner will meet its financial requirements for the foreseeable future including construction, operation and maintenance costs of the facility. Private industrial wastewater treatment facilities will be allowed only if they are not an economic detriment to the City of Shakopee. Issues to be considered include but not are limited to property taxes, municipal or metropolitan operating and maintenance fees, costs incurred by the City for previously constructed public facilities, additional public system operating costs as a result of the proposers withdrawing from the public system and the allocations of SAC units. An agreement between the property owner and the City must be approved addressing the financial requirements for the facility. 2. The development of the private treatment systems must be consistent with the city's approved Comprehensive Plan and the City Code. The facility should not encourage premature development in areas not currently planned for urban development or lacking the municipal or other public services it would require. 3. The treatment system owner must obtain and comply with a appropriate permit(s) granted by the Minnesota Pollution Control Agency and the Metropolitan Council. The system must be located, designed and operated in accordance with its permit(s). 4. All private wastewater systems must use a proven treatment system approved by the City of Shakopee. 5. A facility operations plan establishing procedures including but not limited to water quality monitoring,system failures, back up storage facilities, and plant closures shall be approved by the City. 6. If an emergency arises in which the owner and /or operator cannot fulfill these conditions, the city will require the owner of a private treatment system to cease discharging to that system until a long-term solution is established. 7. Any liability or other problems, including pollution problems, resulting from the development, ment construction, operation, or maintenance of a private wastewater treatment system will be the sole responsibility of the owner/operator of the system. Financial guarantees to cover costs incurred in correcting all damages and to close the treatment plant shall be provided. 8. All private wastewater treatment plants must be located within the corporate limits of the City of Shakopee. 92.5 REVISED MEMO - January 3, 1995 Memo To: Shakopee Planning Commission From: Lindberg S. Ekola, Planning Director Re: Proposed 1980 Comprehensive Plan Amendment Sanitary Sewer Element Private Wastewater Treatment Facility -Rahr Malting Date: December 29, 1994 INTRODUCTION: The purpose of the January 5, 1995 public hearing is to consider the addition of several policies to the Sanitary Sewer Element of the 1980 Shakopee Comprehensive Plan. The amendment would allow construction of private wastewater treatment facilities. Attached as Exhibit A is a letter from Rahr Malting Company requesting the amendment. BACKGROUND: Attached is a copy of the adopted 1980 Comprehensive Plan Sanitary Sewer Element (Exhibit B). The bolded single spaced sections in the attachment (page 92.5) reflect the proposed amendment. The Sanitary Sewer Element of the 1980 Comprehensive Plan included two sections. The following is an outline of the Sanitary Sewer Element. A. Existing System 1. Existing Sewer System Problems B. System Expansion 1. Proposed VIP Trunk Sanitary Sewer 2. Future Shakopee-Jackson Interceptor 3. Estimated Service Area Flows 4. Private Wastewater Treatment systems (Proposal) Rahr Malting is in the process of making major operational changes in an effort to remain competitive in the malting industry. A new malt house has recently been constructed by Rahr to provide for expanded capacity. They feel that in order to be more competitive, a private wastewater treatment facility is needed. Representatives from Rahr have also stated that with increasing demands on the region's water supply, the concept of re-using the water resource will become more critical in the future. A similar Comprehensive Plan amendment request was made by Rahr in 1992. The City Council approved the amendment with several policies. This amendment was submitted to the Metropolitan 1 REVISED Council concurrent with Rahr's application for the required NPDES permit from the Minnesota Pollution Control Agency (MPCA). A variety of issues raised in the NPDES permit process essentially stopped this Comprehensive Plan amendment process in 1993. Rahr is again pursuing the NPDES permit. The Comprehensive Plan amendment is necessary to their efforts in applying for the NPDES permit from the MPCA. DISCUSSION: The older urbanized core area of Shakopee, including the Rahr Malting site is served by the River District Trunk, MWCC lift station L-16 and the MWCC force main. Exhibit C illustrates the location of lift station L-16 and other sewer facilities in the City. This lift station was constructed in 1971 to divert flow to the Blue Lake Treatment Plant via a 14 -inch force main (MSB7024). The lift station and force main have a capacity of 3.9 million gallons per day (MGD) (2,500 GPM) average flow. Improvements have been planned for the lift station in 1996 by the MWCC. The capacity will be increased to 5.1 MGD (3,700 GPM). Measured flow to L-16 has far exceeded the predictions of the 1980 Comprehensive Plan. In fact, since 1986, the flow to the lift station has surpassed what was anticipated for saturated development conditions. This discrepancy is primarily attributable to growth in discharge from Rahr Malting. The anticipated flow listed in the 1980 Comprehensive Plan from Rahr was 0.82 MGD while the current flow is currently 1.0 to 1.05 MGD. The City and Rahr have worked cooperatively over the past several years to maximize the use of the existing sewer system facilities as well as plan future sewer improvements. Rahr has constructed wastewater storage facilities on their site which allow discharge at off peak hours. Rahr's removal from the public sewer system will generally not allow reductions in the sizing of the River District Trunk due to the off peak discharge. In past discussions, Metropolitan Council staff have identified two major concerns regarding private wastewater treatment plants. The first concern is that plants could encourage premature urban development if located in the rural service area. The second concern they have is that if bankruptcy or business failure occurred, the responsibility to maintain a private system could be pushed onto them. The proposed private wastewater treatment plant would help make Rahr Malting more competitive while at the same time it would reduce the demand on the City's sewer system. The proposed facility could also provide additional environmental benefits. The plant could allow Rahr to reuse water in the future as well as capture sludge. Rahr has proposed to use sludge in several different applications (primarily agricultural uses - cattle feed, fertilizer, etc.). It should be noted that Rahr will be requesting approval for the discharge of treated process water to the Minnesota River. 2 REVISED Based upon 1993 billing rates, the City collected $450,000 from Rahr Malting. The City was charged $365,000 in 1993 by the Metropolitan Waste Control Commission (MWCC) for sewer treatment services for that flow. The difference between collected revenue and expenditures is used by the City to pay for local administrative, operating costs, capital and inflow and infiltration treatment costs. With the construction of the proposed facility, the City will no longer receive the revenues from Rahr, nor the billing from MWCC, for the treatment of the Rahr effluent. The proposed policies in the Comprehensive Plan amendment are intended to closely regulate private wastewater treatment plants in Shakopee (Exhibit B). Several policy statements have been drafted to guide the development of these facilities. Plants will be allowed for industrial uses only. All plants must be constructed in accordance with all federal, state and local regulations. All liability will be with the owner and the City shall have the authority to stop operations if an emergency were to occur. Amending the Comprehensive Plan is the first step in obtaining approval from the City for Rahr to build the private wastewater treatment plant. Rahr will also be required to obtain a conditional use permit (CUP) and a NPDES permit for the plant. The public hearing for this CUP will be heard after the Comprehensive Plan is amended, the environmental review process (EAW) is completed and all necessary state and federal permits have been received. issues relating specifically to the Rahr treatment plant can be more appropriately addressed with these approvals. ALTERNATIVES: 1. Recommend to the City Council that the proposed Comprehensive Plan amendment be approved. 2. Revise the policies for private wastewater treatment facilities and recommend them to the City Council. 3. Recommend to the City Council that the proposed Comprehensive Plan amendment be denied. RECOMMENDATION: Staff recommends alternative No. 1. ACTION REQUESTED: I. Review the proposed Comprehensive Plan amendment and all public testimony. Close the public hearing. 2. Offer a motion which recommends that the City Council approve the 1980 Comprehensive 3 REVISED Plan amendment which would allow private wastewater treatment facilities with the recommended policies. {awe planning\1 229memo.pc} 4 EXHIBIT A RAHR MALTING CO. 140,SINCE 1847 V�s� 800 WEST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379,PHONE 612/445.1431 October 31, 1994 I ,LL Mr. Dennis R. Kraft City of Shakopee 129 East First Ave. Shakopee, MN 55379 Dear Mr. Kraft: Rahr Malting Co. is pursuing our application for a NPDS permit allowing direct discharge of treated process waste water to the Minnesota River. We will be filing this application with the MN Pollution Control Agency within the next few weeks. Our intention is to proceed with the design and construction of a waste water treatment plant. We have previously engineered a SBR system for waste water processing. This design was shared with the Planning Commission and a conditional- use permit was granted by the Commission for Rahr to construct this facility ( Resolution # 627 dated 12/11/91 ) . We withdrew this permit due to the one year limit placed on conditional use permits. Rahr Malting Co. requests that the city of Shakopee amend their comprehensive plan to include a provision for the existence of private waste water treatment facilities. This amendment along with the NPDS permit are the first steps required for the construction of our water treatment facility. We will assist the city in any manner possible to expedite the amendment process. We anticipate having our NPDS permit within the next three to nine months. We request that the comprehensive plan amendment follow a similar time line. As always Rahr Malting Co. appreciates the cooperation We have received from the City of Shakopee. We feel our construction_of a waste water treatment plant has long term benefits not only to Rahr Malting Co. but to the City of Shakopee and the environment. We would like the opportunity to share our thoughts on these issues. Sincerely,/ // ,L LL Paul Kramer Assistant Plant Manager MINNEAPOLIS MINNESOTA.SHAKOPEE ,;.IINNESOTA -- uj „,- , ` l2a- Ig - - . ‘a, : 1 Via;, ‘,..., . •,. _., • o EXHIBIT C \ N , � .-,\ C)'164'. 411'... f,, 4 .,.. 1 . , , ., :.._ ___J-DI t _ e ,,.„ , , (.,-.‘ t. ..•,. .i., ,. .•:„. i' . _-,,•„‘..,:.:.:_ z . ._ ... _ :4,, k ..41,7k:', __ ft ce--- 4''''''''' ...,. T.,..--7-—-1 1 [ .,:.,,•-,--- 1 i 1 ,, ..... ; I N *1=''.. *46 t-— - )W. rz_ ;,.....---.4000.• `' -- /:: (2) to \ I ) /,-..h NP 1 • _v t tip — _ —�� i ,t • a : - • Az. �t Ei - . - : - 7 -: :- r ! _.g7n '! 1% \ 7.— . (3,- , il -, . ) ';{ /`, is `C5 n= ;tt n �-. „-I °a:' I ,/i // (..":„.••• ..-11.... .i - 4 f1' ij uti 1 �_ - - t. I - --- -:_.- - /fir /:/11 •,�sf-f-=' f ( �S _ _ : - i• �C �f = .-_ - - ++ — -tom1 =- - -7-7 cr , II--:- -- .I.- ,,- so _ „IL... Lai*8,t I . . I ' , .„•. • - . 3I y� - �z.__. , „....,: ....._ ,,_ r„ . ;„fit• ' t•,, ,, 00/i i ._,/ : __ iL_....i.3....„-, _ ,,,, • „ _ _ , ,. / R _ ... _ . . 4.. . : ._ ____„,,,,,...., ` i fir---- s. ,...„:„.........„...:... ., , ,, 1 6 .....j •• �� t ' /. 0 is 1 ...,_ . . iv, .., , ,* IT y (.(----1 i! 1 1._....... ;•,--''.' Cyrz,P,. z 'z. en — ! -t ——' l fi :f 5 p st ao • % \ t--- ''3--1k;aiii.t,12.,0, -1-1—:, .f._ •..:....-.Eif-4- II_ ,..,)- ...-----c,-..: I-- t i . -. LJ.� MP .0. I _4 Y � S, :roo Z -3. 1 x . t?r u...1.1.-:::, ..� t �. —1 c i 1 vi i, tV-1:1.7.7, i1) , :t t ,/4'' t , `^``. ''• I—• •-i---.i i-.-.—. i •, i.i ii.n• 1.:,!.3_,...--;,.,- ; } il :y� _'_•,t...• 1 q ;!'••:-.-.:n }, O. o • Cr ; t i - +•L_-: !....:-...-:.o, i( , • j .6- j ��i ` - t-_ii :i A !I T 4D- 1�( ' • ` �_ Ott — j NI �/ \ iJ-:,,‹,,-,. Ili7 •, i v s t • / . — . I (ci.,;;Iiis, "I; . 0 Ile , 4 ::-... .--., .t ,,,, 0, -.7.=.6.,-,____,::"-r-"1- -Ti..- 1'\ ' 1 %,-,1.1--1•;4•'—*—rEal 4' __Li,— F.—,r.I -----'1 I ir/' _F , , • , a, Ns 1\1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Automatic Clearing House Contract With Marquette Bank DATE: January 12, 1995 Introduction and Background Marquette Bank has sent the City a contract to sign covering the provision of automated clearing house transactions for the city account. This is for electronic transfers such as payroll direct deposit. We have been using the service for a couple of years but have not had a contract specifying terms and conditions. The bank wishes to formalize the relationship and have appropriate documentation on file. The is no change in the existing processes or relationship proposed. The Law Department has reviewed the contract. A copy of the proposed contract is attached. Action Requested Move to authorize the appropriate city officials to execute a contract with Marquette Bank covering the provision of automated clearing house transactions. MARQUETTE BANK ACH AGREEMENT This Agreement, dated as of , 19_is between ("Company") and Marquette Bank. RECITALS A. Company wishes to initiate Entries pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association and the Upper Midwest Automated Clearing House Association(the "Rules"), and Bank is willing to act as an Originating Depository Financial Institution with respect to such Entries. B. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules. The term "Entries" shall have the meaning provided in the Rules and shall also mean the data received from Company hereunder from which Bank prepares Entries. AGREEMENT 1 Transmittal of Entries By Company. Company shall transmit Entries to Bank to the location(s) and in compliance with the formatting and other requirements set forth in Schedule A attached hereto. The total dollar amount of Entries transmitted by Company to Bank on any one day shall not exceed$ 2. Security Procedure. Company and Bank shall comply with the security procedure requirements described in Schedule B attached hereto with respect to Entries transmitted by Company to Bank. 3. Processing. Transmittal and Settlement By Bank. (a) Except as provided in Sections 4 and 5, Bank shall (i)process Entries received from the Rules, (ii)transmit s specifications set forth in Company to conform with the filep such Entries as an Originating Depository Financial Institution to the Automated Clearing House (the "ACH") operated by the UMACHA acting as an Automated Clearing House processor, and(iii) settle for such Entries as provided in the Rules. (b) Bank shall transmit such Entries to the ACH by the deadline of the ACH set forth in Schedule C attached one business day prior to the Effective Entry Date shown in such Entries, provided (i) such Entries are received by Bank's related cut-off time set forth in Schedule C on a business day, (ii)the Effective Entry Date is at least one day after such business day, and(iii)the ACH is open for business on such business day. For purposes of this Agreement a"business day" is a day on which Bank is open to the public for carrying on substantially all of its business (other than a Saturday or Sunday). Entries shall be deemed received by Bank, in the case of transmittal by 1 tape, when received by Bank at the location set forth in Schedule A, and in the case of transmittal by electronic-transmission, when the transmission(and compliance with any related security procedure provided for herein) is completed as provided in Schedule A. (c) If any of the requirements of clause (i), (ii) or(iii) of Section 3(b) is not met,Bank shall use reasonable efforts to transmit such Entries to the ACH by the next deposit deadline of the ACH following that specified in Schedule C which is a business day and a day on which the ACH is open for business. 4. On-Us Entries. Except as provided in Section 5, in the case of an Entry received for posting to an account maintained with Bank(an "On-Us Entry"), Bank shall post the entry to Receiver's account in the amount of such Entry on the Effective Entry Date contained in such Entry,provided the requirements set forth in clauses (i) and(ii) of Section 3 (b) are met. If either of those requirements is not met, Bank shall use reasonable efforts to post entry to the Receiver's account in the amount of such Entry on the next business day following such Effective Entry Date. 5. Rejection of Entries . Bank shall reject any Entry which does not comply with the requirements of Section 1 or 2, or which contains an Effective Entry Date more than 2 days after the business day such Entry is received by Bank. Bank shall have the right to reject an On-Us Entry for any reason for which an Entry may be returned under the Rules. Bank shall have the right to reject any Entry if Company has failed to comply with its account balance obligations under Section 9. Bank shall notify Company of such rejection either by telephone or electronic transmission no later than the business day such Entry would otherwise have been transmitted by Bank to the ACH or, in the case of an On-Us Entry,no later than its Effective Entry Date. Bank shall have no liability to Company by reason of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that provided for herein. 6. Cancellation or Amendment By Company. Company shall have no right to cancel or amend any Entry after its receipt by Bank. However,Bank shall use reasonable efforts to act on a request by Company for cancellation of an Entry prior to transmitting it to the ACH or, in the case of an On-Us Entry, prior to posting to Receiver's account,provided such request complies with the Security procedures set forth in Schedule B for cancellation of Data: however,Bank shall have no liability if such cancellation is not effected. 7. Notice of Returned Entries. Bank shall notify Company by phone or electronic transmission of the receipt of a returned entry from the ACH no later than one business day after the business day of such receipt. Except for an Entry retransmitted by company in accordance with the requirements of Section 1, Bank shall have no obligation to retransmit a returned Entry to the ACH if Bank complied with the terms of this Agreement with respect to the original Entry. 8. Payment. Company shall pay Bank the amount of each Entry transmitted by Bank pursuant to this Agreement on or before the Settlement Date applicable thereto. 9. The Account. Bank may, without prior notice or demand, obtain payment of any amount due and payable to-it under this Agreement by debiting the account (s) of Company identified in Schedule D attached hereto (the "Account"), and shall make an- adjustment n-adjustment to the Account for any amount received by Bank by reason of the return of_ an Entry transmitted by Bank for which Bank has previously received payment from Company. Such entry shall be made as of the day of such receipt by Bank. Company shall at all times maintain a balance of available funds in the Account sufficient to cover its payment obligations under this Agreement. In the event there are not sufficient funds in the Account to cover Company's obligations under this Agreement, company agrees that Bank may debit any account maintained by Company with Bank or with any affiliate of Bank or that Bank may set off against any amount it owes to Company in order to obtain payment of Company's obligations under this Agreement. 10. Account Reconciliation. Entries transmitted by Bank or posted to a Receiver's account maintained with Bank will be reflected on Company's periodic statement issued by Bank with respect to the Account pursuant to the agreement between Bank and Company. Company agrees to notify Bank promptly of any discrepancy between Company's records and the information shown on any such periodic statement. If Company fails to notify Bank of any such discrepancy within thirty (30) days of receipt of a periodic statement containing such information, Company agrees that Bank shall not be liable for any other losses resulting from Company's failure to give such notice or for any loss of interest with respect to any Entry shown on such periodic statement. If Company fails to notify Bank of any such discrepancy within 30 days of receipt of such periodic statement, Company shall be precluded from asserting such discrepancy against Bank. 11. Company Representations and Agreements: Indemnity. Company represents to Bank and agrees that: (a) each person shown as the Receiver on an Entry received by Bank from Company has authorized the initiation of such Entry and the posting of its account in the amount and on the Effective Entry Date Shown on such Entry; (b) such authorization is operative at the time of transmittal or posting by Bank as provided herein; (c) Entries transmitted to Bank by Company are limited to those types of Entries set forth in Section 1; (d) Company shall perform its obligations under this Agreement in accordance with all applicable laws and regulations, and (e) Company shall be bound by and comply with the Rules as in effect from time to time, including without limitation the provision thereof making payment of an Entry by the receiving Depository Financial Institution to the Receiver provisional until receipt by the Receiving Depository Financial Institution of final settlement for such Entry; and specifically acknowledges that is has received notice of that Rule and of the fact that, if such settlement is not received, the receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount posted and Company shall not be deemed to have paid the receiver the amount of the entry. Company shall indemnify Bank against any loss, liability or expense (including attorneys' fees and expenses) resulting from or arising out of any breach of any of the foregoing representations or agreements. 12. Liability: Limitations on Liability: Indemnity. • (a) Bank shall be responsible only for performing the services expressly provided for in this Agreement and shall be liable only for its negligence in performing those services. Bank shall not be responsible for Company's acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any Entry, received from Company) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Financial Institution(including without limitation the return of an Entry by such Receiver or Receiving Depository Financial Institution), and no such person shall be deemed Bank's agent. Company agrees to indemnify Bank against any loss, liability or expense (including attorneys' fees and expenses)resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Company or any other person described in this Section 12(a). (b) In no event shall Bank be liable for any consequential, special,punitive or indirect loss or damage which Company may incur or suffer in connection with this Agreement, including without limitation loss or damage from subsequent wrongful dishonor resulting from Bank's acts or omission pursuant to this Agreement. (c) Without limiting the generality of the foregoing provision, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank's control. In addition, Bank shall be excused from failing to transmit or delaying the transmittal of an Entry if such transmittal would result in Bank's having exceeded - any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank's otherwise violating any provision of any present or future risk control program of the Federal Reserve or of any rule or regulation of any other U.S. governmental regulatory authority. (d) Subject to the foregoing limitation,Bank's liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds rate at the Federal Reserve Bank of New York for the periods involved. At Bank's option, payment of such interest may be made by crediting the Account resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Company or any other person described in Section 12 (a). 13. Compliance With Security Procedure. (a) If any Entry (or a request for cancellation or amendment of an Entry) received by Bank purports to have been transmitted or authorized by Company, it will be deemed effective as Company's Entry (or request) and Company shall be obligated to pay Bank the amount of such Entry as provided herein even though the Entry (or request) was not authorized by Company, provided Bank acted in compliance with the security-procedures set forth in Schedule B with respect to such entry. If signature comparison is tobe used as a part of that security procedure, Bank shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation or amendment of an Entry)received with the signature of an authorized representative of Company (an "Authorized Representative") and, on the basis of such comparison, reasonably believes the signature accompanying such file to be that of such authorized representative. (b) If an Entry (or request for cancellation or amendment of an Entry) received by Bank was transmitted or authorized by Company, Company shall be obligated to pay the amount of the Entry as provided herein,whether or not Bank complied with the security procedures referred to in Schedule B with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if Bank had complied with such procedure. 14. Inconsistency of Name and Account Number. Company acknowledges and agrees that, if an Entry describes the receiver inconsistently by name and account number, payment of the entry transmitted by Bank to the Receiving Depository Financial Institution might be made by the Receiving Depository Financial Institution(or by Bank in the case of an On-Us Entry) on the basis of the account number even if it identifies a person different from the named Receiver, and that Company's obligation to pay the amount of the Entry to Bank is not excused in such circumstances. 15. Payment For Services. Company shall pay Bank the charges for the services provided for herein set forth in Schedule E attached hereto. Such charges are subject to change with 30 days prior written notice. Such charges do not include, and Company shall be responsible for payment of, any sales,use, excise, value added, utility or other similar taxes relating to the services provided for herein and for any fees or charges provided for in the agreement between Bank and Company with respect to the Account(the "Account Agreement"). 16. Amendments. From time to time Bank may amend any of the terms and conditions contained in this Agreement, including without limitation, any cut-off time, any business day, and any part of Schedules A through E attached hereto. Such amendments shall become effective upon receipt of notice by Company or such later date as may be stated in Bank's notice to Company. 17. Notices. Instructions. Etc. (a) Except as otherwise expressly provided herein, Bank shall not be required to act upon any notice or instruction received from company or any other person or to provide any notice or advice to Company or any other person with respect to any matter. (b) Bank shall be entitled to rely on any written notice or other written communication believed by it in good faith to be genuine and to have been signed by an Authorized Representative, and any such communication shall be deemed to • have been signed by such person. The names and signatures of Authorized Representatives are set forth in Schedule F attached hereto. Companymay add or delete any Authorized Representative by written notice to Bank signed by at least two Authorized Representatives other than the one(s)being added or deleted. Such notice shall be effective on the first business day following the day of Bank's receipt thereof. (c) Except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier, and, it to Bank, addressed to: • Marquette Bank Attn: and; if to"Company;addressed to: Attn: unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received. 18.Data Retention. Company shall retain data on file adequate to permit remaking of Entries for 5 days following the date of their transmittal by Bank as provided herein, and shall provide such Data to Bank upon its request. 19. Termination. Company may terminate this Agreement at any time. Such termination shall be effective on the tenth business day following the day of Bank's receipt of written notice of such termination or such later date as is specified in that notice. Bank reserves the right to terminate this Agreement immediately upon providing written notice of such termination to Company. Any termination of this Agreement shall not affect any of Company's obligations arising prior to such termination. 20. Entire Agreement. This Agreement(including the Schedules attached hereto), together with the Account Agreement, is the complete and exclusive statement of the agreement between Bank and Company with respect to the subject matter hereof and - - - supersedes any prior-agreement(s) between Bank and Company with respect to such subject matter. In the event of any inconsistency between the terms of this Agreement and the Account Agreement,the terms of this Agreement shall govern. In the event performance of the services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute,regulation or government policy to which Bank is subject, and which governs or affects the transactions contemplated by this Agreement,then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and Bank shall incur no liability to Company as a result of such violation or amendment. 21. Non-Assignment. Company may not assign this Agreement or any of the rights or duties hereunder to any person without Bank's prior written consent. 22. Binding Agreement: Benefit. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. This Agreement is not for the benefit of any other person, and no other person shall have any right against Bank or Company hereunder. 23. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the date first above written. BANK Marquette Bank, By: Name: Title: COMPANY By: Name: Title: Schedule A Attachment A Using Marquette Bank as the Originating-Financial Depository Institution(OFDI), Marquette would process the payroll information provided by your payroll vendor. Your payroll vendor would provide the payroll information in a format specified by the Automated Clearing House (ACH). Marquette Bank Operations receiving the data at least two days prior to settlement date, separates Marquette entries from "all others" transmits the file to the Minneapolis Federal Reserve Bank. All entries would be credited to your employee accounts on settlement date with your payroll account being debited for the total of the payroll. Schedule B Marquette Bank works directly with your payroll vendor to establish security codes and protocols that will be used during the transmission process. Schedule C Transmission received prior to and no later than 3:00 pm CST two business calendar days prior to settlement date will be credited to all employee accounts with the offsetting debit posting to your payroll account. Schedule D The Marquette Bank account which will be used for settlement entries is Schedule E Charges to be paid to the bank for services are as follows. 13.00 per tape See Note 1 Below .06 per item Schedule F Representatives of the company who are authorized to initiate notices and/or instructions are: Printed/Typed Name Signature Printed/Typed Name Signature Printed/Typed Name Signature doc/schedule Note 1: At the present time, the City of Shakopee receives deposit account services at no charge. (1:/°-95-) MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer .4,7t,J SUBJECT: Trunk Sewer Charge Policy DATE: January 13, 1995 INTRODUCTION: Pursuant to direction from the January 10, 1995 Committee of the Whole meeting, staff is presenting the Trunk Sewer Charge Policy to the City Council for consideration. BACKGROUND: The attached policy is similar to the Draft Policy presented to Council in 1994 with the following changes: 1. The service area has ben expanded to include all of the City of Shakopee south of the T.H. 101 Bypass. With this change, portions of Jackson Township which were previously included have been removed. These areas can be added to the policy if and when annexation occurs. 2. Due to the change in service area, the trunk charge rate will be $892.70/acre. The CityAttorneyhas recommended that the Council adopt an ordinance on trunk sewer charges, p then adopt the actual policy by resolution. This is to facilitate annual updating and revisions. Both the ordinance and the resolution will be available at the Council meeting. Due to the short time frame between the Committee of the Whole meeting and the time the agenda packets are due, staff may be bringing policy revisions to the January 17th meeting. ALTERNATIVES: 1. Adopt Ordinance No. 398. 2. Adopt Resolution No. 4157. 3. Deny Ordinance No. 398. 4. Deny Resolution No. 4157. ACTION REQUESTED: 1. Offer Ordinance No. 398, An Ordinance Adopting a New Section in the Shakopee City Code Relating to Trunk Sewer Charges. 2. Offer Resolution No. 4157, A Resolution Adopting a Trunk Sewer Charge Policy and move its adoption. DMN/pmp CHARGE TRUNK SANITARY SEWER CHARGE POLICY TABLE OF CONTENTS Page No. Introduction I Service Area I Proposed Improvements 2 Trunk Rate Determination 2 - 3 Fee Calculation 3 Policy Administration 4 Appendix INTRODUCTION This policy of the City of Shakopee City Council hereby establishes a Trunk Sanitary Sewer Charge Policy which will be applied to developing areas in the City. The purpose of establishing the charge is to fund the construction and maintenance of the City owned trunk sewers. This policy is not intended for construction of local sewers. This policy defines service area in which the charges will be collected, establishes procedures for determining the rates that will be used, outlines how the charge is to be computed, and defines an administrative procedure for implementing the policy. The policy has been structured so as to accommodate future MUSA expansions and changing construction costs. Currently, the City of Shakopee Special Assessment Policy allows for assessing new trunk and interceptor sewers 100% to the benefitting drainage area. The trunk sewer charges will take the place of these assessments. The construction of local lateral sewers will still be funded by assessments or may be installed by developers at their own cost. SERVICE AREA The Trunk Sanitary Sewer Charge Policy will be applied to developing properties within the City Limits south of the T.H. 101 Bypass. The map in the Appendix shows the current City Limits and the trunk sewers needed to serve that area. The policy will have to be updated to accommodate future annexations. Table 1 shows a breakdown of the acreage in the City of Shakopee by sanitary sewer district. TABLE 1 District Gross Acreage Net Acreage East Industrial 522.90 444.47 Areas A-C Less 180 Acres Land Trade South Shakopee 3267.28 2777.19 Southeast Shakopee 2083.06 1770.60 Southwest Shakopee 2819.26 2396.37 V.I.P. District 89.88 76.40 Area H Total 8782.38 7465.03 1 PROPOSED IMPROVEMENTS The trunk sewer costs which will be funded by the trunk sewer charges are identified in Table 1. These improvements are based on the current City Limits, and are subject to change with future annexations. The figures in Table 1 shall be updated in conjunction with the service area. The costs shown in Table 2 are based on 1994 dollars and include overhead costs. TABLE 2 1. SS-I (St. Francis Hospital) 161,000 2. South Shakopee SS-H, SS-D 465,000 3. East Industrial District, EI-B, EI-C 892,600 4. SE-K 172,800 5. SE-J & SE-I 339,600 6. SE-C & SE-F 327,000 7. South Trunk Sewer SS-A, SS-B, SS-C, SS-E 1,416,000 8. SS-F 946,000 9. SS-F highway crossing 133,000 10. SS-K, SW-F 910,000 11. Southwest Trunk Sewer 893,000 SW-A, SW-B, SW-C, SW-D TOTAL IMPROVEMENTS COSTS $ 6,656,000 The cost figures in Table 2 are based on 1994 dollars, and should be adjusted annually. All items from Table 2 will be modified yearly based on the Engineering News Record Construction Cost Index. Changes in the City Limits will be accommodated by adding or deleting project costs and service areas as appropriate. TRUNK RATE DETERMINATION The rate to be charged under the trunk sewer portion of the policy is based on the costs to construct facilities to serve that area. These costs are taken from the 1994 Comprehensive Sewer Plan. In order to compute the trunk sewer charge rate, the following procedure shall be used. 1. Sum the acreage of each drainage basin within the City Limits from the Comprehensive Sewer Plan to determine the gross area. The total gross acreage is then reduced by 15% to obtain net acreage. This reduction is to account for non-developable land, public right- of-way, and other areas which do not utilize sewer service. 2 2. Divide the total cost for all trunk sewers in the service area by the net acreage from Step 1 to obtain the per acre trunk sewer charge. For the 1995 City Limits area, the trunk sewer rate is calculated as follows: 8782.38 Acre Gross Area X .85 = 7465.03 Acre Net Area 6,656,000 Construction Cost 7465.03 Acre Net Area = $ 892.70/Net Acre The cost per dwelling unit can be found by dividing the cost per acre by the proposed density (dwelling units/acre). For a typical single family development, assuming 2.5 dwelling units per acre, the cost per lot would be $ 892.70/2.5 = $357.08. The cost for a typical multi-family development, (assuming 10 dwelling units per acre)would be $ 892.70/10= $ 89.27 per dwelling unit. FEE CALCULATION The trunk sewer fee will be based on the areas identified in the final plat for a property. The gross area will be taken from the plat drawing, then the net area is calculated from the gross area. The gross area is defined as the total area for the final plat, less outlots which are expressly intended for future development, and wetland areas(subject to verification). Outlots for ponding, roadways, or other features of the plat which are required for development will be included in the gross area. The net area is defined as 85% of the gross area. The 15% reduction is to accommodate the public right-of-ways and other undevelopable areas. The flat rate of 15% reduction is intended to provide equity between plats, and discourage dedicating excessive amounts of right-of-way. The net area as identified above is then multiplied by the current per acre rate to determine the total trunk sewer charge for the parcel. 3 POLICY ADMINISTRATION The Trunk Sanitary Sewer Charge Policy will be administered by a combination of several City departments as outlined in the following procedure. 1. The developer will submit and certify area calculations to the Planning Department as part of the final plat documentation. 2. The Planning Department will review the area calculations, then forward this information to the Engineering Department for fee calculation. 3. The Planning Department will include a condition of approval for the final plat requiring payment of the trunk sewer fee prior to recording of the plat, until such time as this requirement becomes required by ordinance. 4. The Engineering Department will calculate the fee based on the land area information submitted by the developer and reviewed by the Planning Department. The total amount due is then forwarded to the City Clerk. 5. The City Clerk will collect payments made by the developer. Other administrative functions including the annual fee update, will be the responsibility of the Engineering Department. 4 APPENDIX Page No. 1995 City Limits Map 1 Policy Administration Flow Chart 2 1 A io Y57 • ■ cl • e 11, w tt I, ...: v tr r W Dfl 4. Crl 1. A 7eit IR ,dtk. ,, 1-...) >- A -. 6 -es .., al ti I .X/ V it ill, ___ 4. le i C1-1 1 Int/1 11 ;.-r — 1 O' 1 .E3 04 1 H GO • ,,.._.! J41, 0 til / L „ t ,, ir :::, .11, •.111„. 1 1/ ! _ 'r $ * . 1 ,, ; . 1.•>.°4 ,..1 -'' ! 'If) 0 ‘• I ' !L 1 '1! "" "3.. :I) ' r. % ) 1-,:ri /.7\ 7011 % u1,,,,,,4( . fak. 3 1::::) 't rfli g I ' I 0 \yin. ...... . , ► � � /ern ! 1 ► ' „ i'#ic " 1 L AO 1 c L---31 its O / m, f + I 1 g, CO i Th \ i i LI Imo_ r !II ' i 4 1, " . ,` 5r i 1 1�Il $O • Ii3f kf V L_ K `a ill Z,......1: _ _ ` j ! �^ • . •. �n S FF I�11 y i 1 `' 3�1I� � •,l�G1ISI �I� � +� fl I t z '� rJ �• i IL, . A 4,.,41.7.,,,.:::,..,;:,::,,........,2... :,,. _= k zej.,- , I 1 41 ..I\ ..1‘ iii to 1 .L . , .. 1 10\tit-r.,,...,,. t 11 1 ■....=,..:C` ail , ,.. ,'I,at,_�_ i / `\ 1111011�.+��,'+'•J,�I_ {- _ __ J \\ A. -,,,,,1\‘-‘,f , sir. =1�tl2 t y Ji 1.1 in i A o iiiik 1`__1 �, y . :-.0:-.1,,01.11"w"-,„: 77— .t-, — t /0 nySfsh \ .,`,r ��Tcimi 1 o O n 1 �&xF ;\'�I ;�raw,,_, 1� `. I L J_ J r =r3 i f N _ 1 0.u.;0.ILO .4 Op •\\�4 \ , 1 F ( rt;`✓i 1C •f Z -t,•'Lti,' ' v\ 1 • k,y � ,,;1 *,,,,e,41 iI+f� / c4 N . . y4y H 8 44 404IAWKM\O Trunk Sewer Policy Administration Flowchart Developer Submits Trunk —fl Sewer Charge Form AitaiMWW Planning Dept. Review of Form for Land Use Consistency C:aosa) ► - AMMIMMO Engineering Dept. Calculates =< Total Fee City Clerk Collects Payment ANKONSW File Completed Form 2 ACL /1/ I s TRUNK SANITARY SEWER CHARGE POLICY TABLE OF CONTENTS Page No. Introduction 1 Service Area 1 Proposed Improvements 2 Trunk Rate Determination 2 - 3 Charge Calculation 3 Policy Administration 4 Appendix INTRODUCTION This policy of the City of Shakopee City Council hereby establishes a Trunk Sanitary Sewer Charge Policy which will be applied to developing areas in the City. The purpose of establishing the charge is to fund the construction and maintenance of the City owned trunk sewers. This policy is not intended for construction of local sewers. This policy defines service area in which the charges will be collected, establishes procedures for determining the rates that will be used, outlines how the charge is to be computed, and defines an administrative procedure for implementing the policy. The policy has been structured so as to accommodate future MUSA expansions and changing construction costs. Currently, the City of Shakopee Special Assessment Policy allows for assessing new trunk and interceptor sewers 100% to the benefitting drainage area. The trunk sewer charges will take the place of these assessments. The construction of local lateral sewers will still be funded by assessments or may be installed by developers at their own cost. SERVICE AREA The Trunk Sanitary Sewer Charge Policy will be applied to developing properties within the City Limits generally south of the T.H. 101 Bypass, and\or east of the Prior Lake Interceptor. Rural residential plats have been excluded, and may be added at a later date. Rural plats other than residential are included in the service area. The map in the Appendix shows the current City Limits and the trunk sewers needed to serve that area. The policy will have to be updated to accommodate future service area expansions. Table 1 shows a breakdown of the acreage in the City of Shakopee by sanitary sewer district. TABLE 1 District Gross Acreage Net Acreage East Industrial 522.90 444.47 Areas A-C Less 180 Acres Land Trade South Shakopee 3267.28 2777.19 Southeast Shakopee 2083.06 1770.60 Southwest Shakopee 2819.26 2396.37 V.I.P. District 89.88 76.40 Area H Subtotal 8782.38 7465.03 Rural Residential Plats -1587.80 - 1349.63 TOTAL TRUNK SEWER AREA 7194.58 6115.40 1 PROPOSED IMPROVEMENTS The trunk sewer costs which will be funded by the trunk sewer charges are identified in Table 1. These improvements are based on the current City Limits, and are subject to change with future service area expansions. The figures in Table 1 shall be updated in conjunction with the service area. The costs shown in Table 2 are based on 1994 dollars and include overhead costs. TABLE 2 1. SS-I (St. Francis Hospital) 161,000 2. South Shakopee SS-H, SS-D 465,000 3. East Industrial District, EI-B, EI-C 892,600 4. SE-K 172,800 5. SE-J & SE-I 339,600 6. SE-C & SE-F 327,000 7. South Trunk Sewer SS-A, SS-B, SS-C, SS-E 1,416,000 8. SS-F 946,000 9. SS-F highway crossing 133,000 10. SS-K, SW-F 910,000 11. Southwest Trunk Sewer 893,000 SW-A, SW-B, SW-C, SW-D Total Construction Costs $ 6,656,000 Right-Of-Way Acquisition (15%) 998,400 TOTAL COST $ 7,654,400 The cost figures in Table 2 are based on 1994 dollars, and should be adjusted annually. All items from Table 2 will be modified yearly based on the Engineering News Record Construction Cost Index. Changes in the City Limits will be accommodated by adding or deleting project costs and service areas as appropriate. TRUNK RATE DETERMINATION The rate to be charged under the trunk sewer portion of the policy is based on the costs to construct facilities to serve that area. These costs are taken from the 1994 Comprehensive Sewer Plan. In order to compute the trunk sewer charge rate, the following procedure shall be used. 1. Sum the acreage of each drainage basin within the City Limits from the Comprehensive Sewer Plan to determine the gross area. The total gross acreage is then reduced by 15% to obtain net acreage. This reduction is to account for non-developable land, public right- of-way, and other areas which do not utilize sewer service. 2 2. Divide the total cost for all trunk sewers in the service area by the net acreage from Step 1 to obtain the per acre trunk sewer charge. For the 1995 City Limits area, the trunk sewer rate is calculated as follows: 8782.38 Acre Gross Area X .85 = 7465.03 Acre Net Area $7,654,400 Construction Cost 6115.40 Acre Net Area = $1251.66/Net Acre The cost per dwelling unit can be found by dividing the cost per acre by the proposed density (dwelling units/acre). For a typical single family development, assuming 2.5 dwelling units per acre, the cost per lot would be $1251.66/2.5 = $500.66. The cost for a typical multi-family development, (assuming 10 dwelling units per acre) would be $1251.66/10 = $125.17 per dwelling unit. CHARGE CALCULATION The trunk sewer fee will be based on the areas identified in the final plat for a property. The gross area will be taken from the plat drawing,then the net area is calculated from the gross area. The gross area is defined as the total area for the final plat, less outlots which are expressly intended for future development, and wetland areas(subject to verification). Outlots for ponding, roadways, or other features of the plat which are required for development will be included in the gross area. The net area is defined as 85% of the gross area. The 15% reduction is to accommodate the public right-of-ways and other undevelopable areas. The flat rate of 15% reduction is intended to provide equity between plats, and discourage dedicating excessive amounts of right-of-way. The net area as identified above is then multiplied by the current per acre rate to determine the total trunk sewer charge for the parcel. 3 POLICY ADMINISTRATION New Plats The Trunk Sanitary Sewer Charge Policy will be administered by a combination of several City departments as outlined in the following procedure. 1. The developer will submit and certify area calculations to the Planning Department as part of the final plat documentation. 2. The Planning Department will review the area calculations, then forward this information to the Engineering Department for calculation. 3. The Planning Department will include a condition of approval for the final plat requiring payment of the trunk sewer charge prior to recording of the plat, until such time as this requirement becomes required by ordinance. 4. The Engineering Department will calculate the charge based on the land area g g p information submitted by the developer and reviewed by the Planning Department. The total amount due is then forwarded to the City Clerk. 5. The City Clerk will collect payments made by the developer. Other Properties For any property requesting sewer service which was platted prior to the effective date of the Trunk Sewer Ordinance, or is an unplatted property, the trunk sewer charge will be collected with the building permit issued for sewer connection according to the following procedure: 1. The property owner shall submit a survey and area calculation for the lots to be sewered with the building permit. 2. The Engineering Department will calculate the charge based on the land area information submitted by the property owner. If no right-of-way dedication is included within the lot area, the 15% reduction for right-of-way will not be applied to the trunk rate for that property. The total amount due is then forwarded to the Building Department. 3. The Building Department will collect payments made by the property owner. Other administrative functions including the annual fee update and service area expansions,will be the responsibility of the Engineering Department, subject to City Council approval. 4 APPENDIX Page No. 1995 City Limits Map 1 Rural Residential Plat Map 2 Policy Administration Flow Chart 3 1 CY. 1 i LI 4.4 �` III U • o 1:7rul �� W VI 11 API 44 ilirrilinitW l Mn"' y / VJ V �" {t om co, E-, $ § s s 1 p . • AlVati 1. :: :41 I \‘‘).4. ____L_ . / ; / • ,,Ptr - 11.....,, iii r a n's 416 it 4 Cr 11 11111 ` - a 1 N t---1_, , I,c ; ...14 'pi, - .C:::: .- „ r, A, r,i,.r. "'WOW' i' s grip 7•-td j/ 16 ': 'it.'" ' A *:- ,. 4 ,--‘..„ ,,,,,. .g ,,kat ak 1\ II 1.a' :1114, i• . ' .. .: t 1 'w ' /// 1 .1".k v 72f/ bJ /\ , y ii" „ L�, W s 1 *I./ I 11 I : igi A 14 / - i 1-- (2) .4,4 i./it. ...y.., il i T 1 V;r� i ...or'' - '�� M iii, r . '44 IfAli ,,i / ,e0, 2 It- i _..,I,/00 .1 Ai ,,,,,-,,i,. , f.., - 4 \. g11( O car.: 44:11,1111. I • 1___9y .. . 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U m V H •" N ss:: s` 0 a m O � o `' m :># a L J 1ci) o a) U w .±fm N. N. 0 .4-+ CCS L E Q V ..... O �fs s ss g,,#tt,,,,,. +$j3s sHs...,t,o,.N,,,,,,.:. CL ..:,,3,333;#S;,,Nw, ?,,.:355.',:;,., ,.. L. A+ 3 c u' ~' W aCn ¢: N ca ;;: C) !� c c = {% cru GD ^as :'AII. �, C/) I..L 0O y. it _Ic NI 43 N gi:: N z a 2) cffi U L > U rn 11 U Film C.q. 0 W ORDINANCE NO. 398, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 3 , MUNICIPAL AND PUBLIC UTILITIES, RULES AND REGULATIONS, FRANCHISES AND RATES, BY ADOPTING ONE NEW SECTION, SEC. 3 . 13, RELATING TO TRUNK SANITARY SEWER CHARGES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, is hereby amended by adopting one new section, which shall read as follows: "SEC. 3 .13 . TRUNK SANITARY SEWER CHARGES. Each property located within the area described in the City' s Trunk Sanitary Sewer Charge Policy shall be bound by that policy. Each such property owner shall submit to the City the applicable trunk sanitary sewer charge at the earliest of the following times : A. For property being platted, prior to the recording of the final plat; B. For vacant property, at the time of issuance of a building permit; or C. For developed property, at the time of issuance of a permit to connect to the sanitary sewer system. " Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 3 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City C1-rk Approved as to form: / .4; A /' iW , City Attorney Published in the Shakopee Valley Newer the day of , 1995 . [13ORD] RESOLUTION NO. 4157 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING A TRUNK SANITARY SEWER CHARGE POLICY. WHEREAS, trunk sanitary sewers serve large portions of the City, connecting various local sanitary sewers to the larger interceptor sanitary sewers; and WHEREAS, trunk sanitary sewers need to be constructed when the first development on such sewer is desired, and cannot be delayed until all property is developed; and WHEREAS, in order to fund trunk sanitary sewers, it is necessary to impose a trunk sanitary sewer charge on all areas which will benefit from such sewer; and WHEREAS, the City desires to spread the cost of the trunk sanitary sewers over large areas of the City, to minimize the impact on individual property owners; and WHEREAS, the City has reviewed and approves the attached Trunk Sanitary Sewer Charge Policy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the attached Trunk Sanitary Sewer Charge Policy is hereby approved and adopted. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: ! _ liMir City Attorney [13 0RD] R MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer ,p/Yt,,J SUBJECT: Street Sweeper DATE: January 12, 1995 INTRODUCTION On December 6, 1994, the City Council ordered the advertisement for bids for a street sweeper. On January 10, 1995, bids were received and publicly opened in accordance with state law. BACKGROUND A total of three bids were received. They are as follows : ABM Equipment and Supply, Inc. $73, 240 . 05 Crysteel Distributor, Inc. $79, 045 .36 MacQueen Equipment, Inc. $86, 262 . 87 Staff has examined the bids to determine compliance with the bid specifications, and has determined that the two low bids are for hydraulically run sweepers which do not conform to the bid specifications. The remaining bid is for a mechanically driven sweeper which does conform to specifications. The main difference between the mechanical and hydraulic sweeper is that the hydraulic sweepers are capable of delivering 5000-6000 inch pounds of torque to the brooms while the mechanical sweepers are capable of delivering 22, 000 inch pounds to the brooms . High power output to the brooms helps to eliminate several sweeping passes to pick up heavy spring and fall debris . The more powerful brooms also produce a cleaner surface after sweeping. The hydraulic sweeper is basically a lesser classification of machine than was identified in the specifications . In addition to the main broom drive, the hydraulic machines do not met the specifications in the following areas : 1 . Transmission (not mechanical) 2 . Holding and parking brakes 3 . Cab visibility 4 . Controls and indicators 5 . Broom size 6 . Conveyor belt type and design 7 . Flushing and washing system 8 . Lubrication system Staff has contacted several cities and other agencies who have hydraulic type sweepers . Most of the comments received on the hydraulic sweepers were negative, with costly breakdowns and non availability of parts for repairs being the most common concerns. Only the MacQueen bid was responsive to the City' s bid specifications . The other two bids were for hydraulic type sweepers which do not comply with the bid specifications. Comments I received from other cities, substantiates the soundness of the City' s bid specifications . Staff recommends rejecting the bids for the hydraulic sweepers and accepting the bid for the mechanical sweeper. The mechanical sweeper is the same brand that we have had for the past 12 years. The total cost of the mechanical sweeper is $86, 262 . 87 which includes a $21, 580 trade in on our current sweeper. The 1995 budget identified $120, 000 for a street sweeper. ALTERNATIVES 1 . Accept the bid on the mechanical sweeper for $86, 262 . 87 . 2 . Accept one of the other bids. 3 . Reject all bids and rebid. RECOMMENDATION Staff Recommend Alternative No. 1 . ACTION REQUESTED Move to accept the bid for a street sweeper from MacQueen Equipment, Inc. , at a total cost of $86, 262 . 87 . MEMO TO: City Council FROM: Dennis R. Kraft, City Administrator RE: 1995 Non-Union Pay Plan DATE: January 10, 1995 INTRODUCTION: It would be appropriate for City Council to discuss and approve a pay plan for the non-union employees of the City of Shakopee for 1995. BACKGROUND: On December 20, 1994 the Shakopee City Council approved a pay schedule for the elected officials, fire department personnel and miscellaneous temporary employees. At that time, City Council also approved an increase in the City's contribution for health, life and disability insurance. The proposed 1995 wage schedule position classification status changes and pay for performance program issues are discussed herein. WAGES In 1995 a 3% cost of living adjustment to the pay schedule is proposed. Once again, those position classifications where the current wage exceeds the top step are proposed to be frozen. As partial compensation for some positions which exceed the top step of the pay plan I am proposing a sliding scale lump sum salary adjustment. For positions that are $1 to $1500 above step 8 of the pay plan a 2% lump sum payment is proposed; for positions $1501 to $3000 above the top step a 1% lump sum is suggested and no adjustment is proposed for those positions in excess of$3000. In 1994 the Shakopee City Council approved a pay plan for the non-union employees of the City of Shakopee that included the adoption of the new MAMA point values for the various position classifications within the City. The implementation to this program resulted in the expansion of the number of pay plan steps. Employees were slotted at a step which resulted in at least a 3% increase over 1993 wage rates. Those positions where 1993 wages exceeded the new top steps were frozen. A 3% lump sum payment was provided to those position classifications. The Public Works Union is the only bargaining unit that has settled for 1995. This bargaining unit received a 3% increase in wages. The 1994 consumer price index cost of living increase equated to 3.1%for the Minneapolis/St. Paul area. EMPLOYMENT STATUS CHANGE In preparing the 1995 budget staff included funding to change the position status of the Recreation Assistant from part-time(32 hours a week)to full time. Staff is recommending that the full time status change for this position classification be made effective February 6, 1995. OTHER ISSUES In 1994 the Public Works Department position was vacant for approximately 4 months. During that time the Civil Engineer David Nummer assumed many of the duties and responsibilities of that position. In 1994 Mr. Nummer was placed at Step 1 of the pay schedule. In addition to the normal step increase that would occur for this position I am recommending that an additional step increase be granted to acknowledge Dave's performance during the past four months. ALTERNATIVES: 1. Approve Resolution No. 4158, a Resolution amending Resolution No. 4144 adopting the 1995 Pay Plan which incorporates a 3% cost of living adjustment. 2. Offer Resolution No. 4158, a Resolution amending Resolution No. 4144 adopting the 1995 Pay Plan incorporating some other cost of living adjustment. 3. Increase the employment status of the Recreation Assistant from part time to full time effective February 6, 1995. 4. Do not increase the employment status of the Recreation Assistant from part time to full time. 5. Grant an additional step increase for Dave Nummer. STAFF RECOMMENDATION: Staff recommends alternatives#1, #3, and#5. ACTION REOUESTED: 1. Approve Resolution No. 4158, a Resolution amending Resolution No. 4144 adopting the 1995 Pay Plan which incorporates a 3% cost of living adjustment. 2. Increase the employment status of the Recreation Assistant from part time to full time effective February 6, 1995. 3. Approve an additional one step salary increase for David Nummer. RESOLUTION NO. 4158 A RESOLUTION AMENDING RESOLUTION NO. 4149 ADOPTING THE 1995 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 20, 1994, the Shakopee City Council adopted Resolution No. 4149 approving the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the attached 1995 Pay Schedule is hereby added to the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee effective January 1, 1995 . Adopted in regular adjourned session of the City of Shakopee, Minnesota, held this 17th day of January, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney .- J O (- P CO .t O Gs U1 O• CO _. 0 Ui P N .- •- CO UN UN (,- •O CO N - IA in f- - _ to CO to CO P UI 0 NiM N N NiM h. Ul .t CO N U1 P P ti n CO U1 0 N N N ` d 0 MM0oGAM a- NAl IV OP 9O •O •O M 0 O IA IL 0 M H A QLa MM M NI 4., . Ni 3 M W M W W N N 0 Ni Ni in CO CO CO Ni .t 0 N N •O Ni Ni Ni U1 U\ h O .t •O .t A. 1 U\ P N P U1 MCOCp CO P IA in IA U1 N N F K .- O M f,- a- N a- N N s P P •O •O .0 .0 . 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W ..J U) U a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • • • • • • • • • • • • • • • • • • • • • • CO M .t N P 0 •O 0 0 CO •O M Ni fs O .t t` Ni . a- N •- 0 P CO 0 03 n Is CO CO CO f` f` ti .0 .O •O U1 CONSENT -4* 114 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 4144 - 1995 Pay Plan DATE: December 19, 1994 I would like to propose one simple modification to the memorandum and accompanying Resolution No. 4144 as it relates to the 1995 Pay Schedule for the officers and non-union employees of the City of Shakopee. Item #1 in the Pay Plan notes should read as follows : City contribution for health, live and disability insurance shall be increased by $20 . 00 per month resulting in an increase from $306 . 66 per month to $326 . 66 per month. Employees selecting coverage other than family coverage will continue to receive reimbursements . They shall also receive the additional $20 . 00 per month increase to be applied to their health, life and disability costs or as cash on a quartcrly monthIcr basis in conjunction with payroll . r i T /IC/ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee - Resolution No. 4144 DATE: December 14, 1994 INTRODUCTION: Staff is currently in the process of negotiating several union contracts for 1994 . Staff would like to propose that several compensation issues be taken care of relative to the officers and non-union employees of the City of Shakopee. Action at this time will reduce the amount of work load placed on the Finance Department in terms of processing back pay. BACKGROUND: Last year the Shakopee City Council split the approval of the officers and non-union pay plan into two separate issues . The first issue dealt with non-controversial issues such as the pay schedule for the elected officials, fire department personnel and temporary employees . The City's health and life insurance contribution was also considered to be non-controversial . The second set of issues discussed by City Council related to the adoption of the actual pay schedule for all other non-union employees. In preparing the 1995 budget, staff did not include any increase in wages for the elected officials and fire department personnel . The proposed 1995 budget did include an increase in the City's contribution for health, life and disability insurance in the amount of $20 . 00 per month. The City has been informed by our health insurance provider that the health insurance premium rates will increase by $50 . 81 per month for those persons selecting family coverage. This being the case, staff believes that an increase in the City's contribution by $20 . 00 per month would not be unreasonable. Following is a summary of the issues included in Resolution No. 4144 as attached. 1. A $20 . 00 increase in the health, life and disability insurance contribution. In the past, the other bargaining units within the City have had language within their labor agreements that specifies that they will receive the same amount of increase as the non-union employees. This is consistent with our past practice of equalizing benefits between all City employee bargaining units. 2 . A 3%increase in seasonal employee salaries . This is consistent with the lone labor agreement (Public Works) that has been settled for 1995 . 3 . Adoption of the elected officials and fire department salaries (No change from 1994) . 4 . The provision of a $450 . 00 per year uniform allowance for the Police Chief and Deputy Police Chief (No change from 1994) . 5 . Provision of a uniform allowance for the Public Works Foreman consistent with what is provided to Public Works employees . (No change from 1994) 6 . When the wage schedule is developed and presented to City Council for the other non-union positions, it will be necessary to amend the resolution proposed herein providing for the yet to be determine wage schedules . ALTERNATIVES : 1 . Offer Resolution No. 4144, A Resolution Adopting the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. 2 . Do not approve Resolution No. 4144 . 3 . Table action on approval of the resolution until such time ee s is for the other non-union employees that the wage schedules P Y completed. STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Offer Resolution No. 4144, A Resolution Adopting the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and move its adoption. BAS/tiv RESOLUTION NO. 4144 A RESOLUTION ADOPTING THE 1995 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE _ CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1995, payable to the duly elected officials and appointed non-union employees of the City of Shakopee, in accordance with the attached 1995 Pay Schedule, with an effective date of January 1, 1995 . BE IT FURTHER RESOLVED, that the City contribution for health, life, long term disability and/or individual health care accounts as may be provided by Council, shall be no more than $326 . 66 per month per employee effective January 1, 1995 . BE IT FURTHER RESOLVED, that all Resolution in conflict with this Resolution are hereby repealed and terminated effective January 1, 1995 . Adopted in Adjourned Regular Session of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 1995 PAY SCHEDULE JANUARY 1, 1995 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6, 120 . 12/year 1 Councilpersons $5, 100 . 12/year 4 NON-UNION EMPLOYEES Fire Chief $3, 000 . 00/year 1 Ass' t Fire Chief (1st) $1, 500 . 00/year 1 Ass' t Fire Chief (2nd) $1, 300 . 00/year 1 Fire Department Engineer $2, 400 . 00/year 1 2nd Engineer $2, 000 . 00/year 1 3rd Engineer $1, 000 . 00/year 1 4th Engineer $1, 000 . 00/year 1 1st Captain $2, 000 . 00/year 1 2nd Captain $ 740 . 00/year 1 3rd Captain $ 740 . 00/year 1 4th Captain $ 740. 00/year 1 Firemen $ 7 . 50/hour 41 Misc. Temporary Employees from $ 4 . 18/hour N/A to $ 13 . 94/hour 1995 PAY PLAN NOTES 1 . City contribution for health, life and disability insurance shall be increased by $20 . 00 per month resulting in an increase from $306 . 66 per month to $326 . 66 per month. Employees selecting coverage other than family coverage will continue to receive reimbursements. They shall also receive additional $20 . 00 per month increase to be applied to their health, life and disability costs or as cash on a quarterly basis in conjunction with payroll . 2 . Temporary/Seasonal employee salaries are to be increased 30 for 1995 . 3 . There will be no change in the Elected Officials or Fire Departments salaries for 1995 . 4 . The Police Chief and Deputy Police Chief shall receive a uniform allowance of $450 . 00 per year. 5 . The Public Works Foreman shall receive the same uniform allowance provisions as the Public Works Employees. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Storm Drainage Bonding DATE: January 11, 1995 Introduction Council reviewed the possible funding of the south bypass drainage improvements at a Committee of the Whole meeting on 1/9/95 and directed staff to bring back numbers on the impact on storm drainage rates and/or taxes to pay for the improvements. Background Attachments; A The projections for the storm drainage fund (SD) included in the CIP and in the memo for the 1/9/95 meeting did not include the full SD rate increase actually adopted. Attachment A is an updated projection. B Attachment B includes full debt service out the SD fund for a bond issue to pay for the $1,150,000 project costs without a rate increase or other source of funding for the project. C Attachment C includes full debt service out the SD fund for a bond issue to pay for the $1, 150,000 project costs with a rate increase of an additional $170, 000 for 1996 but no other source of funding for the project. D Attachment D includes full debt service out of the SD fund to pay for the $1, 150,000 project cost but with a transfer in for another source (CIF or property taxes) to pay for half of the debt service and half from a SD rate increase of an additional $85,000 for 1996. If Council were to increase the SD rates to generate another $170,000 to cover the debt service, residential SD bills would increase by about $8.40 per year. [Current revenue estimate is $486,500 of which $170, 000 is 35%. 35% times the residential billing of $24. 00 is an increase of $8.40 per year. ] The impact of a tax levy to support the debt service of $170, 000 on a house with an $89, 000 estimated market value would be about $18. 00 per year, based on current conditions for property taxes. [$170, 000 is 6.7318% of the net tax levy of $2,525, 315. 6.7318% times the estimated 1995 tax bill of an $89, 000 EMV house of $266.99 equals $17.97] At the 1/9/95 meeting, Council did not appear interested in pursuing the option of using cash out of the General Fund, CIF or !r TIF to fund the project. Alternatives 1. Issue bonds to pay for the project with no increase in SD rate and no other funding source. - 2 . Issue bonds to pay for the project with offsetting increase in SD rate and no other funding source. 3 . Issue bonds to pay for the project with offsetting increase in SD rate for one half of the debt service and levy property taxes for the other half. 4. Issue bonds to pay for one half of the project with offsetting increase in SD rate and use cash in the CIF for the other half. 5. Do not issue bonds and use cash out of one or a combination of the TIF, CIF, General Fund or SD fund for the project. Recommendation Issue bonds to pay for the project and fund debt service by a SD rate increase for the full amount and no other funding source or property tax levy. Due to the large amount of tax exempt property in the city, the SD rate increase impacts a residence less than a tax increase. There may be some spillover effect on taxes from the school district and the county on local property. Action Move to direct staff to proceed with the process of issuing G.O. Revenue Bonds to pay for the bypass storm drainage project. • 0 0 0 0 0 0 CO 0 0 rn v to 0) v_ to O CO O WI O r 000 co^ 000 d N: cci N w O) n N 't 00 0 to r Ee .-- r N 69 CO. 00 0 0 0 0 0 CO CO 0 CO O CO N O '11 V CO O CO Cci O to O co000) N et 0 O co CO N r Tr 0) Cq I- r N G9 (ft 0) E 0) O) 0 0 0 0 0 0 0 0 co 0 F- CO CO N 0 r CO tt O O 0 N CO C0 I� O O 00 0) 1- r 0 CL cz$ O co CMO n 1- CO O te 44- Oi _. �-+ �'' r 69. 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Included in the bill list is payment to Francis Todey in the amount of $243 .60 for mileage to travel to Shakopee for an employment interview. . r CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 67,420 4,974 48,852 72 12 CITY ADMINISTRATOR 194,060 21,970 188,709 97 13 CITY CLERK 116,690 12,910 113,515 97 15 FINANCE 278,660 21,290 263,291 94 16 LEGAL COUNSEL 185,970 21,401 160,889 87 17 PLANNING 408,130 35,740 371,301 91 18 GENERAL GOVERNMENT BUILDINGS 115,790 13,784 117,201 101 31 POLICE 1,389,520 148,990 1,340,703 96 32 FIRE 865,310 37,343 845,801 98 33 INSPECTION-BLDG-PLMBG-HTG 187,120 18,798 171,882 92 41 ENGINEERING 355,480 33,079 294,164 83 42 STREET MAINTENANCE 586,820 49,822 468,738 80 44 SHOP 185,050 14,498 184,488 100 46 PARK MAINTENANCE 307,270 22,657 296,072 96 61 POOL 150,300 4,487 147,697 98 64 RECREATION 209,380 17,546 192,009 92 91 UNALLOCATED 316,264 345 24,064 8 , TOTAL GENERAL FUND 5,919,234 479,634 5,229,376 88 17 PLANNING 360,860 26,757 318,601 88 TOTAL TRANSIT 360,860 26,757 318,601 88 12 CITY ADMINISTRATOR 165,693 12,265 148,352 90 TOTAL HRA 165,693 12,265 148,352 90 00 N/A 2,135,700 0 - 747,302 35 TOTAL CAPITAL EQUIP REVOLVING FUND 2,135,700 0 747,302 35 0-1 04 04 04 a4 a s a a P4 P4 P4 P4 a a a - d, H H H H H H H H H H H H H H H .1 E OD 0 cos a i O a W In o 0% H 0 .-1 N 01 -d 4 in .0 N .-I CO 0% In in in O c0 Co cO O n n n n n 0 n n O. 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In N N .-1 r♦ .t N N v.4 .--1 NY 00 CO-Cl). 01 r♦ N N 0% 0. 0 0 .O •.d C.0.01. q.a). 03-40.01.01 1.1 .b4 In In '4) 4.0 0 W 0 413..0). vs vs 04 CO• U 40.H Cl) CO .--I .-I .-I .-1 .-1 r1 .--1 .--1 .--I H H r1 .-I .-I .-d .-1 rl .-1 .--1 r♦ A .`I .\I .\1 .\-I .\I .\ \ \ 0-1 I .-i .I ar 0 0 0 0 000 O O D4 0 in U) in in IIn In IIn In in U CO a. a% a% a% O. a% a% a% a% CO x a% o% a% 0. 0% 0% 0% 0% 0% x 0 r♦ .-1 .-I r I .a .-I rt ra rt U 0 - P-1 Z r1 N N1 In .D N 0 a4 0 0 0 00 0 0 0 - N N N N N N - - Z CO - .0 U C-. .t - s --0 - CD U X 0 0 0 0 _ 0 0 - 0 d to os .a r` O 0 Cn .0 0. .--I .t N 0 r` .-1 N Cn N 4' r` N CO .0 .-.1 N 1-1 O V> �t V> N t? r-I . Cr) V> W 0 4 Z A H Z a V. A 43 mg cn a o w c..) EA W 1'n x W 0 o 0 cn C• N 00 A A A z z z A 0 0 . w w w 00 e•• O N Cr) 0 .0 0 0 0 0 0 in 0 In 0 in a. in O 4 c'1 CO 0' N a% 0 0 0 in in 0 in n 0 N in CO .--1 I'. N in .O in •• N 0 in in N O N N in N co O 9.-1 N Cn %0 0 cn co 40 N r-I O N 0 0% 0 .0 0 .--1 in .0 r` 0 CO 00 CO r-1 N 0 0% 0 N N 0% N co .0 .0 N CO C) '0 0 C') e') c') N N N O r-1 .. . . . . . . . . - . . . . . . . a% CO in •.t 0% N C7 c') in CO co 0 co 4-1 0 .--1 M N 0% N O VY V> 4" in r♦ .0 0 C') N ,-.1 -t N v) 4' - N Cl> V> 0% In N Cl) .-1 st u1 r•1 en N N N V> N V> Clf V> V> 0% V> V> V> V> 0> V> Cl> V> 0> V> 0% r-1 C7 ra ti v w w w w od Z oM A a W oS ..-1 A 3 3 w w 3 3 3 3 W w a w 3 3 k 0 O a a EH H O O O O H W d D 0 W -4 El 04 04 a 04 E-1 > V 0 a cn w a w w a a a a a o o. a HHZOOZ Z X >1 0 o4 W Z z H .9+ i-i H H H H H C7 C7 H H H H C9 44 0 0 H 1n ca on . d as d d d d ora 0 H Z H an EA W .0 N CO 00 0% O r•1 N c') C') H en o. H z d m oo ao 0o m co 0% 0% o� 0. 0% a 0 0 Z W w 0% 0% 0% 0. 0% 0' a% 0% 0% 0' a% . U) 0 H g .-d .-1 r-1 e-I r-1 .--I- e- r 1 v.-4 r-1 rI U A A r•1 0% ti O r-I 4t N st .0 CO 0 r•1 N Cn •d' CO 0 N 1--1 in In .0 - N 0 W 0 r-1 r-I 0 0 0 e-1 H r-1 r-I e-1 r•1 N N N N c') M e) r I .'Y+ 0 r♦ e-1 e'') e") c') C') Cr) e) M M M C') C') � 4 .t -t .t N U H ik It 4k 4k It ik * * 0k * # # 1k 4t 1k * t It ik 4 z A A A A -A A A A A _ A A A A A A A - A A - A A O a -a 'za a a a a -a '.z7 _ a _ a a a a a .za - '.z� a - "aa' V w W w w w w w w w W w w w k. w w w w w w /� PLEASE BRING COMPREHENSIVE SANITARY SEWER PLAN MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer $r1 SUBJECT: Comprehensive Sanitary Sewer Plan DATE: January 13, 1995 INTRODUCTION: Staff is requesting that the City Council revisit the Comprehensive Sanitary Sewer Plan and provide comments or concerns. Staff intends to bring this plan back to the Committee of the Whole meeting on January 24, 1995 if necessary. BACKGROUND: When the Council last reviewed the Comprehensive Sanitary Sewer Plan, there was considerable discussion regarding the proposed action plan. The action plan identified specific tasks and the associated costs needed to meet the goals and objectives of the plan. Staff is having the action plan revised to address some of the concerns expressed by Council. ACTION REQUESTED: Review the plan and the revised action plan and provide direction to staff. DMN/pmp PLAN JAN-13-1995 14:39 FROM SEH-MPLS TO 4456718 P.02 ,, `6 s vl I. �V ap a O t+0 .�m W o 1 ' g 3 b 0 V (r. f colj ala, 44A u u V u v V BEIOB s C V g i a " i] 1 I11 y � _y =fYi f� 1C ug v) NI j i i . , _ , 4 a a 23vz z M z i r Z x� R a a co �;+�f gyp}, 44 00 a. 1 81 illg 18 c a ' V w�V� Cg w • �? - en C, B 0 IsP V $ t3 % 'g t b v 1I 14 E" .o8 St P v' -a b 9 c 8 L) 2 C. G�YAM .a 3 �' O..ri V V g Ei K K 0 T c 1 Li 43 Z=f e . obi. i gi - 4 t/3 Ij.Qt1i $ !iiit g 4. › 2 F iga' � o a og .re ELI m �i 1' o I. .19 ' . < 9 KBE 2 H s 3 .III b -Cal �, LI 1411. 5 13. ti mat le E4 ili u.,i, ,,.a �n y y .r - — - ... ..8 0 GI viiy `f'i yn h V) H vyi VZ Vf JAN-13-1995 14 39 FROM SEH-MPLS TO 44%718 P.03 H 1s, V V V c' II, 6 � Eb v u 5 rv .c r ✓ V ✓ a V) ti to e C 0 2 ffiA A V ix 0 v 1 f 1 I1 g isi b ? 0v �' y :i.?: 4 0 s z h 5. R z V9 N e: " to d v9 M g ✓ S O E z t ssssssM f E LI I 311 a & . vim v v 3 et U 'v 0 0 L v yvv A Ai .t co . o S t . Q U .3 d 2 v a e i v 3 C ; v I I 43 r U � 3 h x . = w w rn E .1• ' w‘hH F �m ``6 Fc la o ' S 8' C i i' . y {_' W ,,(;, f- 1 q Y la ... ..O " 1H5A< E im0wcg4Et i 0AEia Ihiiifl h N h ..O y _ _ __ J _ co TOTAL P.03 JAN-13-1995 f5:27 FROM SEH-MPLS TO 4456718 P.02 cn cn Li w 8 y y v C y v 0 ._. C y ... > . r.y �J W 0 y, 0. '. O „.�. to 1O •..r (�� C .� 0 . 00 .. U 5 ,a 1 aa 0 a" > 8 a . u -* �. y 5 0 a V o O 2 1Erd {"'„ w LT+ y M+ 0 '0 0'Sy is 10 o y O 6 O s o 4; v Ly = a+ .0 . Li I = yU 0 to, = o rGo = .21 „n 1.4 ecl . o. vr0 a a � 2 � y o 0 n, t:3 ..0st‘ o. ao3 - V4 .x .0 , bg .2- ° 0 yCI w hHo O 0 3 5 R b 3 ,� re) o• 154 11) E. 8 ~ b g � U ▪ 300 11 � I § v X .0 c� CV > o y.., 4.4 c.: O 1o2 .3 N �.. y 0 a -0 •p c,,,•9 >, 1 Is g• a 0V O -gv u -0 PI 0 eOU3 .. 1 ,Ooa e c3 W�C/2 bbo 0 ° >+ .y. 0 O d? 0 O y hut y � 'o • ° .... -� ; 0. o .b0 �.y ad 'a 3 q a ° ao3 •05 .fly § te � °' � 3 n. y 0 a°ugz.• a"i8 a . •ov o y pu00g — c4 oars •° •3 .� oU 3 a 24 -v2 y1, ag2 40., 5 � 8 3 ID "0 y < V 'V VC O ....oft 0 - O ti • . `' .E O .r N O c� Q O C 3 § s •yw a .., rte w .a = = EE § a0xe vdy04 b >•+. O yz - "a Ng ' v ' atio2 -03o y g � • ' w =0Q 2 a ° 8 .r Z 0. >. N y -y . o o � - on c = E .... - oo . = c a.• 0 � ° .0 ti- es va ; v, vz TOTAL P.02 CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of 1995 Dump Truck DATE: January 12, 1995 Introduction The 1995 budget contains $70,000 for the purchase of a new single axle dump truck and related equipment. Background The 1995 budget contains $70,000 for a new single axle dump truck. Funds are already allocated in the Capital Equipment Internal Service Fund for this purchase. This unit will replace the 1987 truck as a front line unit and 1987 unit will go on standby. The 1980 tandem axle truck will be sold this summer. The new truck is proposed to be equipped with a diesel engine (same as the last two years) . Additionally, it is proposed to equip this unit with a front plow and a wing. Other equipment will include a sander and it is not definite at this time whether to have an underbody blade on this unit. Estimated costs for the sander, plow, wing are $18,000, and the dump body is $8,000. The underbody blade would be about another $4,000 if purchased. Sales tax would be $4,710 if all items are purchased for a complete truck cost of about $77,200. The budget is $70,000. If council does not want to exceed the amount or stay closer to the amount budgeted in the internal service fund, consideration should be given to not obtaining the under body blade and deleting some options such as the ABS and auto leveler (extra spring would be needed for about $150.) The Hennepin County Purchasing Co-operative contract for the 33,000lb GVW single axle chassis cab truck has been awarded to Lakeland Ford. The body is being bid out separately through Hennepin County . This truck is similar to the truck purchased in 1993 except for the addition of auto leveler and ABS. The cost in 1993 was $40,982 without the body or equipment. The cost is as follows: Base bid $36,242.00 Options; Air conditioning 663.00 16,000lb front end 1,350.00 240 hp engine 1,107.00 Butterfly hood 220.00 Deluxe interior 250.00 Auto leveler 710.00 (in lieu of extra spring for front axle) ABS 1,600.00 Service manual 230.00 Subtotal 42,372.00 Additionally staff recommends Delete spare rim (46.00) Radiator mounted grill 112.00 Grand Total $42,438.00 The quotations for the equipment (front plow, wing, sander and underbody blade) and the body on the truck will be brought to Council at a later date. Alternatives 1. Buy truck as per above. 2. Modify above options. 3. Rebid truck on our own. 4. Do not buy dump truck this year. Recommendation Alternative number 1. The cut off to place an order under the Hennepin County contract is February 10, 1995. Action Requested Move to authorize the purchase of a 33,000lb GVW single axle chassis cab from Lakeland Ford in the amount of $42,372 pursuant to the Hennepin County contract. TO: Dennis R.. Kraft, City Administrator FROM: Tom Steininger, Chief of Police l A SUBJECT: Sick Leave DATE: 01-05-95 INTRODUCTION: Can city employees donate sick leave to other city employees? BACKGROUND: A police department employee has encountered a series of health problems and has used a significant amount of sick leave. This individual has about 40 hours of sick leave remaining. This will probably be exhausted in the next few months. Other police department employees who are aware of this situation have asked if they can donate some of their sick leave to this individual. This issue is not addressed in existing union contracts or by the City Personnel Policy. The Finance Director knows of no case where this question has ever been asked before. Since this appears to be a policy issue rather than an operational issue, it should not be decided by a department head. ALTERNATIVES: 1. Allow city employees to donate sick leave to other city employees who occupy the same pay grade or a lower one. 2. Allow City employees to donate sick leave to other city employees without regard to pay grade. 3 . Do not allow city employees to donate sick leave to other city employees. 4 . Allow other employees to denote vacation time or comp time on an hour for hour basis to employees who have exhaused all of their vacation, sick leave and comp time. ACTION REQUESTED: Provide staff with direction as to how Council wishes this issue to be dealt with. cc: City Attorney Finance Director 11 #I Li a COJSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Mike Huber, Engineering Tech. II 0!- SUBJECT: Minnesota/Dakota/Alley Project No. 1993-5 DATE: January 6, 1995 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Minnesota/Dakota Alley Project No. 1993-5 BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4154, A Resolution Accepting Work on the Alley Located Between Market Street and Outlot A of Eastivew Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and move its adoption. MAH/pmp ME M4154 fe CERTIFICATE OF COMPLETION CONTRACT NO. : 1993-5 DATE: January 6 , 1995 PROJECT DESCRIPTION : Minnesota/Dakota/Alley Project CONTRACTOR: Bituminous Consulting & Contracting Co . ,. Inc . 2456 Main Street N . E . Mpls . , MN 55434 ORIGINAL CONTRACT AMOUNT $51 , 951 . 72 QUANTITY CHANGE AMOUNT $ 1 , 297 . 91 CHANGE ORDER NO, THRU NO. AMOUNT ► , , $ —0— FINAL CONTRACT AMOUNT $53 249 . 63 LESS PREVIOUS PAYMENTS $53 ,249 . 63 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer r r Form IC-134 Minnesota Department of Revenue Rev.11/90 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number Bituminous Consulting & Contracting Co. , 6636955 Inc. Address Month/year work began 2456 Main St. NE 6/93 City State Zip Code Month/year work ended Blaine _ MN 55449 5/94 Please type or print clearly above. This will be your Total contract amount mailing label for returning the completed form. $53,249.63 Telephone ---- Amount $ ,ti1lle:6number55-1888 G .70 Did you have employees work on this project? Project number: 1993-5 - If none,explain who did the work: Project location: City of Shakopee Project owner: City of Shakopee YES Address 129 Holmes St. S. Check the box that describes your involvement in the project and fill In all information requested in that category: 0 Sole contractor 0 Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: ® Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-13e. affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer Curb Masters, Inc. 10150 101st St. N. Stillwater, Mn 55082 Randy Callies I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the De•artment of Revenue to disclose pertinent information relating to this project,including sending copies of this form. tot - • me contr- • if I am a subcontractor,and to any subcontractors if I am apritne contractor,and to the contracting agency. Contractor' ignatur Title Date Controller 12/1/94 For certification,mail original and one copy to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610,St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signatur 1 thorized Dep ment ue official • A f)ntn — — DEC 1 2 1994 Stock No.5000134 FROM:CURB MASTERS, INC. TO: 612 755 1899 DEC 7, 1994 2:24PM P 81 iE.FAROP/A, Form IC-134 DEC e. 5 199/: Minnesota Department of Revenue Rev,limo Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. •, _ Company name Mlmasota Io number Curb Masters , Inc. 2207114 Address Monthfyear work began 10150 – 101 st Street North 0...V.)C_� - Ir‘R city Stillwater slate MN zip code550 8 2 6tonthyaar work ended • CSL)Ct-. - !Sci > _ Please type or edit! Total centred amount;t clearly above. This will be your r r� mailing label for returning the completed form. t.) 1 —_. �' Amount ION duo: 111 nt`r n• 2j��"`653-9866 _ _ ..__._ _. ` -_• -. r,� Did you have employees work on this project? �ojec�pyLn r.. ��tn.,l jsrz.t --tI 1 ' .“ -fit• If none,explain who did the work: Project location: _picket owner: _L _ ._f 5.htl}44)17)-s Address •• .. Check the box that describes your involvement In the project and fill In all Information requested In that category: ❑ Sole contractor I• Subcontractor If you are a subcontractor,fill In the naive and address of the contractor that hired you: COY\oktt-tt,•,,• .• Cny. f Cci.Cti,v‘o, KO , Or(r. ��t'tt l 1.•.tnv-�t t r } 475 t' IV ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own 1C-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill In the business Information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer • I declare that ell Information I have filled In on this term Is we and complete to the best of my knowledge end belief. I authorize the Department of Revenue to disclose pertinent tnlormation relating to this project.including sending copies of this form, fo t rime emir or if I am a subcontract ,and to any subcenbactors if I am a prime contracts,and to the a2ntrecting agency... - Contrar+«s s gnaturo _—_ Title . - NOP .�LLQ -� .__7 For certification,mall original and one copy to: Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610,St. Paul,MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue,I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with tho state of Minnesota and/or its subdivisions. ___ „,iu At oUll.__... .D...--nevi a finvar,oft..— — -— 4 1-tsr�n _DEC o 1994 RESOLUTION NO. 4154 A Resolution Accepting Work On The Alley Located Between Market Street And Outlot A Of Eastview Addition In Blocks 309, 314, 317 Of Wermerskirchen's Addition And Minnesota Street/Dakota Street From 7th Avenue North To The Alley Project No. 1993-5 WHEREAS,pursuant to a written contract signed with the City of Shakopee on June 25, 1993, Bituminous Consulting and Contracting Co., Inc., 2456 Main Street N.E., Mpls., MN 55449 has satisfactorily completed the alley located between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerckirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue north to the alley by pavement, curb and gutter and storm sewer, in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney lc iq 4/8 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Accepting Plan "A" Public Improvements for Maple Trail Estates 1st Addition DATE: January 11, 1995 INTRODUCTION: Attached is Resolution No. 4155, accepting the public improvements for the Maple Trail Estates lst Addition. BACKGROUND: When a developer chooses to construct his own public improvements, he selects Plan "A" in the developers agreement. Under the Plan "A" the developer must provide some financial guarantee to insure the completion of the improvements he has agreed to make. One of the financial guarantees available to developers is the "Escrow and Payment Agreement" . This agreement is signed by the developer, the City, and a financial institution. The financial institution holds the money and is authorized from time to time, by the City Engineer, to make payments to the contractor thereby reducing the amount in the escrow. Theoretically there should be approximately 20% of the original amount placed in escrow remaining when the work is complete. The agreement requires acceptance of the work by the City Council by resolution before the escrow can be reduced to zero. The public improvements for Maple Trail Estates 1st Addition have been completed and have been accepted by the engineering department. The one year maintenance bond has been ordered and upon its receipt by the City, the escrow agent will be advised that the escrow account may be reduced to zero. It is appropriate for City Council to formally accept the public improvements for this subdivision at this time. ALTERNATIVES: 1] Accept the public improvements by resolution 2] Do not accept the public improvements 3] Table for additional information RECOMMENDED ACTION: Offer Resolution No. 4155, A Resolution Accepting the Public Improvements for Maple Trail Estates 1st Addition, and move its adoption. P&EACCEP.MEM RESOLUTION NO. 4155 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR MAPLE TRAIL ESTATES 1ST ADDITION WHEREAS, on September 15, 1992, City Council adopted Resolution No. 3650, approving the final plat of Maple Trail Estates 1st Addition; and, WHEREAS, on May 21, 1993 , the Developer of Maple Trail Estates 1st Addition and the City of Shakopee entered into a Developer's Agreement insuring the developer's construction of-required public improvements; and WHEREAS, on May 21, 1993 , the Developer of Maple Trail Estates 1st Addition, the City of Shakopee, and Marquette Bank Shakopee N.A. entered into an Escrow and Payment Agreement which provided for funds for the construction of the required public improvements; and WHEREAS, the Escrow and Payment Agreement requires that the City accept the completed improvements by resolution; and WHEREAS, the public improvements have been constructed by the Developer and inspected and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the public improvements for Maple Trail Estates 1st Addition are hereby accepted. 2 . That the City Clerk is hereby authorized to release the said Escrow and Payment Agreement on file with the Scott County Recorder. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney RES-MAPL.TR CONSENT MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE NUMMER, STAFF ENGINEER SUBJECT: COUNTY ROAD 16 WATER SERVICES DATE : JANUARY 11, 1995 INTRODUCTION Attached is Resolution No. 4157, a Resolution calling a hearing on installing water service lines on County Road 16 between County Road 17 and County Road 83 . BACKGROUND On June 21, 1994, a public hearing was held to consider the installation of sanitary sewer on County Road 16 . Another public hearing was held on December 6, 1994 to consider roadway and drainage improvements to County Road 16, which are to be performed under the county contract . In recent meetings with property owners on County Road 16, the desire to have water service extended into several undeveloped parcels was expressed. Installation of these water services was not foreseen be SPUC and was therefore not included on the feasibility report . In order to assess these improvements (as is SPUC' s policy) , a public hearing must be held. The attached Resolution sets a public hearing for February 7, 1995 to consider the water service construction. Staff will be present at the hearing with estimated construction costs and a proposed assessment roll . ALTERNATIVES 1 . Adopt Resolution No. 4157 . 2 . Deny Resolution No. 4157 . RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REOUIRED Offer Resolution No. 4157, a Relocation calling a hearing on installing water service lines on County Road 16 between County Road 17 and County Road 83 , and move its adoption. RESOLUTION NO. 4157 A Resolution Calling a Hearing On The Installation of Water Services On County Road 16 Between County Road 17 And County Road 83 Project No. 95-3 WHEREAS, a cost estimate has been prepared by the Shakopee Public Utilities Commission outlining the cost for installing the water services; and WHEREAS, SPUC and the City desire to assess this project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the installation of water services on County Road 16 between County Road 17 and County Road 83 and assess the abutting and benefitted property for all of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 . 2 . A public hearing shall be held on such proposed improvements on February 7, 1995 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 95-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approve as to form: City Attorney 1 '7a.. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of Public Works Director/City Engineer DATE: January 17, 1995 INTRODUCTION: Two sets of interviews have been held with candidates for the Public Works Director/City Engineer position. At this time I am recommending that the City Council authorize the hiring of Bruce Loney to fill this position. BACKGROUND: Mr. Loney is currently the Assistant City Engineer for the City of Prior Lake. He has a total of 17 years of experience as a professional engineer. I am recommending that Mr. Loney be hired at step 1 of the 1995 Pay Plan for the Public Works Director/City Engineer position. I am also recommending that Mr. Loney be given a pay and performance review in 6 months and that he be given a salary adjustment to step 2 of the Pay Plan if he satisfactorily completes this 6 month period. Currently the City Engineer/Public Works Director has an automobile assigned to the position. I am recommending that we give Mr. Loney a $200 . 00 per month automobile allowance and that the City dispose of this vehicle. I am also recommending that Mr. Loney be given 40 hours of vacation credit at such time as he begins employment with the City of Shakopee. RECOMMENDATION It is recommended that the City Council authorize the hiring of Bruce Loney for the position of Public Works Director/City Engineer. ACTION REQUESTED: Move to authorize the appropriate City officials to take the necessary action to hire Mr. Bruce A. Loney as Public Works Director/City Engineer with the following actions : 1. Hire Mr.Loney at step 1 of the 1995 Pay Plan. 2 . Authorize a pay and performance review after six months employment, with the provision that Mr. Loney be moved to step 2 of the Pay Plan provided that he satisfactorily completes six months of employment . 3 . Authorize 40 hours vacation credit at the time of employment . 4 . Authorize a $200 . 00 per month automobile allowance, in lieu of the City providing an automobile.