HomeMy WebLinkAbout08/01/2000 TENTATIVE AGENDA
CITY OF SHAKOPEE
REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 1, 2000
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
1] Roll Call at 7:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Mayor's Report
5] Approval of Consent Business— (All items noted by an * are anticipated to be routine. After a
discussion by the Mayor, there will be an opportunity for members of the City Council to
remove items from the consent agenda for individual discussion. Those items removed will be
considered in their normal sequence on the agenda. Those items remaining on the consent
agenda will otherwise not be individually discussed and will be enacted in one motion.)
6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS —(Limited to five
minutes per person/subject. Longer presentations must be scheduled through the City Clerk.
As this meeting is cablecast, speakers must approach the microphone at the podium for the
benefit of viewers and other attendees.)
*7] Approval of Minutes: June 20 and June 27, 2000
*8] Approval of Bills in the Amount of$270,748.41
9] Public Hearings
10] Communications
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority meeting
13] Re-convene
14] Recommendations from Boards and Commissions
*A] Pheasant Run Rezoning from AG to R-1B, located N of Valley View Road,
W of CR-16 and E of CR-17—Ord. No. 573
TENTATIVE AGENDA
August 1, 2000
Page 2
14] Recommendations from Boards and Commissions continued
*B] Amendment to Comp Plan to Add Property to Metropolitan Urban Service Area
(MUSA) for ISD 720
*C] Preliminary and Final Plat of ADC First Addition—Res. No. 5393
15] General Business
A] Public Works and Engineering
1. Right of Way Management Ordinance—Ord. No. 570
2. Eagle Creek Preserve Storm Water Lift Station Design and Agreement with
the City of Savage
*3. Order Report for Sidewalk Along Avenue, from Cass St. to Scott St. —Res. 5394
B] Police and Fire
C] Parks and Recreation
*1. Swimming Pool Project Change Order#2
D] Community Development
1. Request of ADC to Rename a Portion of"Park Place" to "Broadband Boulevard"
*2. Renaming of`Berksshire Circle" within Southbridge 1s`Addition — Ord. No. 574
3. Smart Growth Twin Cities Opportunity Site Application(s)
E] Personnel
*1. Completion of Probationary Period—Officer Erron Balfanz
*2. Police Sergeants Contract—2000 Cost of Living Adjustment
F] General Administration:
1. Results of Solid Waste/Recycling Survey
2. Youth Building 4rohit---*„1-1l
*3. Minnesota River Valley Arts Association Request to use Memorial Park
4. Budget Workshop Meeting with Townships
16] Council Concerns
17] Other Business
18] Recess for executive session to discuss pending litigation
19] Re-convene
20] Adjourn to Tuesday, August 15, 2000 at 7:00 p.m.
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting August 1, 2000
1. Roll Call at 7:00 p.m.
2. Approval of the Agenda
3. Approval of Consent Business - (All items noted by an 4 are anticipated to be routine.
After a discussion by the President, there will be an opportunity for members of the EDA
to remove items from the consent agenda for individual discussion. Those items removed
will be considered in their normal sequence on the agenda. Those items remaining on the
consent agenda will otherwise not be individually discussed and will be enacted in one
motion.)
r1
A.) 4 Approval of Minutes: �.
4. Financial
A.) 4 Approval of Bills
5. Other Business:
6. Adjourn (Next meeting: September 5, 2000)
edagenda.doe
I
OFFICIAL PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
SHAKOPEE,MINNESOTA
ADJ.REGULAR SESSION
June 20, 2000
Members Present: President Amundson,Morke, Sweeney,Link
Members Absent: Brekke
Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community
Development Director,Bruce Loney,Public Works Director/City Engineer;
Judith S. Cox, City Clerk;Tim Thomson, City Attorney; Tracy Coenen,
Management Assistant;Mark McQuillan,Natural Resources Director, and
Gregg Voxland, Finance Director.
L Roll Call:
President Amundson called the meeting to order at 7:56 p.m. Roll call was taken as noted
above.
IL Approval of Agenda
Mr. McNeill brought to the attention of the Council,the memo on the table regarding the
Small Cities Development Grant Program.
Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously.
M. Consent Agenda
Sweeney/Morke moved to approve the Consent Agenda as presented. Motion carried
unanimously.
IV. Approval of Minutes: April 4,2000
Sweeney/Morke moved to approve the April 18, 2000 meeting minutes. (Motion carried
unanimously under the Consent Agenda.)
V. Financial
A.) Approval of Bills
Sweeney/Brekke moved to approve the bills in the amount of$2,054.82 for the EDA
General Fund. (Motion carried under the Consent Agenda.)
VI. Other Business
VII Adjournment
Sweeney/Link moved to adjourn the meeting. Motion carried unanimously. The meeting
adjourned at 7:58 p.m.
J . i
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Ju ith S. Cox,EDA Secretary
arole Hedlund,Recording Secretary
IT- 5A
CoNSE NT
CITY OF SHAKOPEE
Memorandum
TO: President & Commissioners
Mark H. McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE: July 27, 2000
Introduction
Attached is a listing of bills for the EDA for the period
7/14/2000 TO 7/27/2000 .
Action Requested
Move to approve bills in the amount of $860 . 00 for the EDA
General Fund (0191) .
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 20, 2000
The meeting was called to order at 7:00 p.m. with Councilmembers Morke, Link, Amundson and
Sweeney present. Mayor Brekke was absent. Also present: R. Michael Leek, Community
Development Director,Bruce Loney,Public Works Director; Jim Thomson, City Attorney; Judith
S. Cox, City Clerk;Mark McNeill, City Administrator,Mark McQuillan,Natural Resources
Director(7:55) Tracy Coenen Management Assistant; and Gregg Voxland, Finance Director.
Cncl. Link presided as Acting Mayor in the absence of Mayor Brekke.
The pledge of allegiance was recited.
The following item was added to the agenda. 15.B.1. Authorization to Advertise for bids for the
Hiawatha Park Building.
The following item was removed from the agenda at the request of the applicant and deferred to a
later meeting when a full complement of the City Council would be present: 14.B. Rezoning of
property located south of 4th Avenue and west of Adams Street from Old Shakopee Residential
(RIC)to Medium Density Residential (R2)—Ordinance No. 569.
The AUAR for the site Valley Green Business Park is developing by Dean's Lake also was to be
on the agenda this evening but that was also deferred to the July 5th meeting when a full
complement of City Councilmembers would be present.
Sweeney/Amundson moved to approve the agenda as amended. Motion carried unanimously.
The following item was added to the Consent Agenda. 15.D.1. Accept Report for Trunk
Watermain Extension from Southbridge Parkway to Stagecoach Road, 2000-5 —Resolution No.
5376
Sweeney/Morke moved to approve the Consent Agenda as modified. Motion carried
unanimously.
Acting-Mayor Link asked if there were any citizens present in the audience who wished to
address any item not on the agenda.
Lance Nemanic, 1712 Marshall Road, approached the podium to address the Council. He said
with the expansion of County Road 17 (Marschall), he understood that the Council was going
Official Proceedings of the July 20, 2000
Shakopee City Council Page-2-
to look into some noise abatement and some landscaping for the affected residents on County
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Road 17. He was wondering if this had been looked into. Mr. Loney addressed the question
regarding the noise abatement and landscaping for the residents on County Road 17 near this
project. He said Mr. Crawford, consultant for the City who is working on the County Road 17
project, did a noise level feasibility report on this issue. A landscape plan and noise abatement
report will be brought to Council at the July 5, 2000, City Council meeting. No commitment has
been made to actually do the noise abatements, but it has been looked into. There have been a
couple of meetings involving the residents already. There was direction from the City Council
only to look into the landscaping and noise abatements in this area.
Sweeney/Morke moved to approve the minutes for April 18, 2000 and May 2, 2000 with Acting
Mayor Link abstaining on the minutes of April 18, 2000 because of his absence at the meeting.
(Motion carried under the Consent Agenda.)
Sweeney/Morke moved to approve the bills in the amount of$1,147,746.38. (Motion carried
under the consent Agenda.)
Gregg Voxland, Finance Director approached the podium and introduced Steve Wischmann,
Kern, DeWenter, Viere, LTD. Certified Public Accountants. Mr. Wischmann presented the
annual financial analysis information regarding the City of Shakopee to the City Council. A very
comprehensive report in which all aspects of the financial picture of the City were taken into
consideration and an unqualified audit opinion was given, along with this shorter version. The
comprehensive report is required for a GFOA Certificate of Achievement for Excellence in
Financial Reporting. They also reported some suggestions in areas that they felt could be
improved. The City received an excellent report. It was pointed out that the City is in very good
financial shape. The City has received a bond rating of A-2, which is right in the middle for
municipalities in this area. There were no compliance findings against the City for this year or the
prior year and this was excellent;the City has had no compliance findings for many years. There
were significant gains in the general fund for 1999 Revenues over the 1998 revenues. Total
General Fund expenditures also increased in 1999 over1998. The largest expenditures in 1999
were in the general government and public safety areas. Public safety is generally always high.
The balance in the General fund was considered to be adequate. The next seven-nine years will
require the City to commit a considerable amount of resources be set aside to repay general
obligation, tax increment and revenue bonds. The Electric, Water and Sewer Funds reported a
higher operating income. The Sewer Fund has seen a decline in income due to Rahr Malting
going off line. The Recreation Fund continues to struggle in generating operating income,
Official Proceedings of the July 20, 2000
Shakopee City Council Page-3-
requiring transfers from other funds to subsidize operations. The Storm Drainage Fund gained
significantly in net income due to significant trunk charge revenues. There were suggestions in
the areas of: segregation of accounting duties, tax increment financing districts, and a formal
travel plan. The Council asked for a comparison of other cities approximately the same size as
Shakopee and in a similar situation as Shakopee. There are some major changes coming in the
accounting and reporting for cities.
The City received a Certificate for Excellence in Financial Reporting for many years. The fact
that the City has had no compliance findings for many years is quite unusual. Gregg Voxland,
Finance Director, noted that the General Fund balance shows 4.7 million, when in reality 2.1
million of this balance is committed to Mn/DOT land purchases and debt service, which leaves a
balance in the General Fund of 2.6 million.
Jon Albinson, Valley Green Business Park, approached the podium and commented that this was
a very valuable analysis. He also felt that the comparative analysis with other Cities our size and
in our position would be very important. He noted the City was collecting funds far above the
expenditures.
One of the reasons the Tax Capacity rate is up over last year, pointed out Cncl. Sweeney, is
because the City is now charging more for services and because of the growth the City is
experiencing. The levy increased but the tax bill is remaining consistent to the taxpayers.
Acting Mayor Link thanked the Certified Public Account firm of Kern, DeWenter, Viere, LTD.
forf their r-... financial 1 en and press tatio.. and Gregg Voxland for his fire job as
uaeJ fine uTaiaiaCl u a. aAJSl$report- U1.4 fit 1a.0 �.'a�. v u....0 .w .uv fine jv� ...
Finance Director for the City of Shakopee.
Cncl. Sweeney reported on the Shakopee Public Utilities Commission meeting he attended June
19, 2000.
A recess was taken at 7:56 p.m. for the purpose of conducting the Economic Development
Authority meeting.
The meeting reconvened at 7:58 p.m.
R. Michael Leek, Community Development Director, reported to the City Council on the
Preliminary Plat of Orchard Park West 5th Addition. This Preliminary Plat is being request by
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Shakopee City Council Page-4-
Laurent
age-4Laurent Land Development and is located south of Vierling Drive and west of Fuller Street and is
adjacent to the Orchard Park P.U.D. This plat consists of a public street, Washington Court with
a cul de sac and 15 lots with some mature trees on the lots. The Planning Commission
recommended approval of this Preliminary Plat for Orchard Park West, 5th Addition, at its June 8,
2000 meeting. The Planning Commission did note that Laurent Land Development should work
with Mr. McQuillan, the Natural Resources Director for the City, regarding which trees to save
and which ones to take. SPUC has not commented on this application for Preliminary Plat for
Orchard Park West 5th Addition, relative to water capacity thus there is a condition stating that no
representation or guarantee of the water supply when this plat comes on line is given at this time.
Sweeney/Morke offered Resolution No. 5377, A Resolution Of The City Of Shakopee,
Minnesota Approving the Preliminary Plat of Orchard Park West 5th Addition, and moved it
adoption. Motion carried unanimously.
Mr. Mark McQuillan, Natural Resources Director, approached the podium and reported to the
City Council on the bids for the Hiawatha Park Building. He said in order for this project to stay
on schedule, he is asking authorization the solicit bids for the Hiawatha Park Building. At the
April 18, 2000 City Council Meeting the Council directed the appropriate City officials to enter
into an agreement with Architect David Darrell to develop plans and specifications for a park
shelter in Hiawatha Park. The architect estimates the cost of the building to be approximately
$90,000 to $120,000. The objective to staying on schedule is to get this building completed by
November. The building will consist of restrooms facilities, storage and meeting space for people
to put on their skates.
Amundson/Morke moved to authorize the appropriate City Officials to solicit bids for the
improvement on the proposed Park Shelter Building Project in Hiawatha Park. Motion carried
unanimously.
R. Michael Leek approached the podium and updated the City Council on the Kmart Conditional
Use Permit for the Outdoor Garden Center. The Board of Adjustments and Appeals reviewed
this application at its June 8th meeting. The Board did grant the CUP with revised conditions that
a fence of wrought iron is constructed 20 feet tall. The noise generated from the public address
system in the garden center areas was discussed at the Board of Adjustments and Appeals,
however the Board chose not to do anything about it. Information received recently was that the
loud speakers were disconnected. The City is attempting to see that all of the conditions on this
site are complied with.
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Shakopee City Council Page-5-
Jim Thomson, City Attorney, asked that the CUP be posted to ensure that the conditions of this
CUP are followed. This CUP can be revoked or amended in the future as the City sees fit. There
are other avenues for penalties also. The escrow of money from this developer was for timely
applications for their purposes to ensure that they follow and comply with processes. There is no
financial guarantee given by them that they comply with conditions. This is not a typical
guarantee requirement. This can be implemented in the future or there are other avenues that can
be used to get compliance to the conditions.
There was slight discussion on revoking a CUP.
R. Michael Leek addressed the City Council on the request of CRESA Partners/ADC
Telecommunications for Simultaneous Review of a Preliminary and Final Plat. He stated that the
plat applications would not be processed and brought before the City Council until the EAW
process is finished. The preliminary and final plats basically are for two large lots. These two lots
are not out of the ordinary. The applicant is to understand that just because the preliminary and
final plat may be considered simultaneously it does not mean that they will be approved at the
same time.
Morke/Sweeney moved to approve the request for concurrent review of a preliminary and final
plat for ADC Telecommunications upon completion of the EAW process. Motion carried
unanimously.
Mark McNeill, City Administrator, reported to the City Council on the sale of 2.744 acres of land
that is owned by the City but has a SPUC utilities easement over it. It has been discussed for
months how to the 106 acres site owned by ADC would be accessed. Many avenues were
explored but no solutions were found. It was decided that the best solution would be for the City
to sell this piece of property to ADC and to allow a jog in the street so that the Valley Industrial
Boulevard intersection with Park Place is at a right angle, and will allow for ready access into the
ADC site. Technically the City owns this property but SPUC does have two wells on it. This
piece of land was appraised at $240,000. The purchase price of$275,000 has been agreed upon
between City/SPUC and ADC for this land. There are still issues as whether this should be a
warranty deed or a quick claim deed, possible environmental issues that the seller would need to
take care of, warranty issues, and boundary issues but no major changes are expected, therefore
the City Council can authorize this evening that this piece of land be sold to ADC
Telecommunications.
Representatives for CRESA and ADC were in attendance at this meeting to answer questions if
there were any.
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Shakopee City Council Page-6-
Sweeney/Amundson moved to authorize the execution of the purchase agreement by and between
the City of Shakopee as seller and SPUC as user of the property and ADC Telecommunications as
buyer, for a 2.744 acre parcel of land located east of Valley Industrial Boulevard, for a price of
$275,000 when the purchase agreement meets the final approval of the City Attorney. Motion
carried unanimously.
Sweeney/Morke moved that the City's Finance Director forward to SPUC the proceeds of the
land sale less the City's expenditures for this land sale as soon as practical after the closing on the
property. Motion carried unanimously.
R. Michael Leek approached the podium and addressed the Council regarding the Transit Tax
Levy. He said the City is required to certify by June 30, 2000 to the Minnesota Department of
Revenue whether it intends to the levy the transit tax locally for taxes payable in 2001. If the City
does not opt to levy the tax locally then the tax will be levied by the Metropolitan Council.
Generally the City of Shakopee opts to levy the tax locally. Once this has been decided, it cannot
be reversed. Staff recommends that the City opt to levy the transit tax in the maximum amount.
The amount the City's levies can be changed.
Sweeney/Amundson offered Resolution No. 5378, a Resolution of the City of Shakopee Opting
to levy the Transit Tax for a Payable 2001, and moved its adoption. Motion carried unanimously.
Sweeney/Morke offered Resolution No. 5376, A Resolution Receiving A Report And Calling A
Hearing On An Improvement For A Trunk Watermain Extension, From Southbridge Parkway to
Stagecoach Road Project No. 2000-5, and moved its adoption. (Motion carried under the
consent Agenda.)
Sweeney/Morke moved to authorize staff to purchase the color ink jet plotter from Copy
Equipment, Inc. at a cost not-to-exceed $6,363.38 for the use of the Engineering Department.
(Motion carried under the Consent Agenda.)
Sweeney/Morke moved to authorize the hiring of Kevin Hennes as Public Works Maintenance
Worker and to be hired at Step 1 (14.26/Hr) of the 2000 Public Works Union Pay Schedule,
effective July 10, 2000, and subject to a successful pre-employment physical and background
check. (Motion carried under the Consent Agenda.)
Sweeney/Morke moved to authorize the transfer of$180,000 from the General Fund to the 1991
Capital Improvement Fund using monies designated in the General Fund for this purpose.
(Motion carried under the Consent Agenda.)
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Shakopee City Council Page-7-
Sweeney/Morke moved to authorize the proper City officials to execute the assessment agreement
with Scott County for the 2001 assessment year in the amount of$64,900. (Motion carried under
the Consent Agenda.)
Sweeney/Morke offered Resolution No. 5374, A Resolution of Special Commendation to Joseph
Honermann, and moved its adoption. (Motion carried under the Consent Agenda.)
Sweeney/Morke offered Resolution No. 5375, A Resolution of Special Commendation to Todd
Brinkhaus, and moved its adoption. (Motion carried under the consent Agenda.)
Sweeney/Morke moved to table the wine and beer applications from The Restaurant Company,
dba Perkins Restaurant and Bakery, 1205 1g Avenue East, Shakopee, until July 18, 2000.
(Motion carried under the consent Agenda.)
Sweeney/Morke moved to approve the applications(s) and grant an On Sale and/or off Sale 3.2
Percent Liquor License(s)to Speedway SuperAmerica LLC, 1155 East 1°`Avenue, (Off Sale);
Magnum Management Corporation, d/b/a Valleyfair, one Valleyfair Drive, (On Sale);Holiday
Stationstores, Inc., 444 East l'Avenue, (Off Sale);Pizza Huts of the Northwest, Inc., 257
Marschall Road, (On Sale); Tom Thumb Food Markets, 590 South Marschall Road, (Off Sale);
Raceway Park Inc., One Checkered Flag Blvd., (On Sale); Twin Cities Stores, Inc., dba Oasis
Market#525, 1147 Canterbury Road, (Off Sale); Stonebrooke of Shakopee, Inc., 2693 County
Road 79, (On Sale); Speedway SuperAmerica LLC, 1298 Vierling Drive East, (Off Sale);
Shakopee 1997 LLC, dba Cub Foods, 1198 Vierling Drive East, (Off Sale); Shakopee Jaycees
Inc., Joe Schleper Baseball Stadium at Tapah Park, (On Sale); Speedway SuperAmerica LLC,
1195 Canterbury Road, (Off Sale). (Motion carried under the Consent Agenda.)
Sweeney/Morke moved to waive the requirement of City Code Section 5.02, Subd. 9 for
Stonebrook of Shakopee, Inc. (Motion carried under the consent Agenda.)
Sweeney/Morke moved to approve the application and grant an On Sale Wine License to
Magnum Management Corporation d/b/a Valleyfair, One Valleyfair Drive. (Motion carried under
the Consent Agenda.)
Sweeney/Morke moved to approve the application(s) and grant an Off Sale, On Sale, Sunday,
intoxicating Liquor License(s), conditioned upon compliance with all City Code requirements, to
Bretbecca, Inc., dba Pullman Club 124 West 1st Avenue, Shakopee;Rock Spring Restaurant, Inc.
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Shakopee City Council Page-8-
1561
age-&1561 E. 14 Avenue, Shakopee;Babe's Place, Inc., 124 South Holmes, Shakopee; Canterbury
Park Concessions, Inc., 1100Canterbury Road, Shakopee. (Motion carried under the Consent
Agenda.)
Sweeney/Morke moved to approve the applications and grant an On Sale, Sunday, intoxicating
Liquor Licenses, conditioned upon compliance with all City Code requirements to: Dangerfield's
Restaurant Inc., 1583 E. 14 Avenue, Shakopee;Heyde Hospitality Inc., dba Park Inn& Suites,
1244 Canterbury Road, Shakopee(includes volley ball court); Turtles Bar and Grill Inc., 132 East
First Avenue, Shakopee;AFFC, Inc., dba Arnie's Friendly Folks Club, 122 East First Avenue,
Shakopee; Shakopee Ballroom and Banquet Center Inc., 2400 4th Avenue, Shakopee; Saba
Entertainment, LLC, dba Main Event Sports Bar and Grill, 91 East l'`Avenue, Shakopee
(includes deck); TL Foods, Inc., dba Brew Station, 1128 Vierling Drive East, Shakopee; Sabroso,
Inc., 1120 East 1'`Avenue, Shakopee. (Motion carried under the Consent Agenda.)
Sweeney/Morke moved to approve the applications and grant an On Sale. intoxicating Liquor
License, conditioned upon compliance with all City Code requirements to Pablo's Mexican
Restaurant Inc., 230 South Lewis Street, Shakopee. (Motion carried under the Consent Agenda.)
Sweeney/Morke moved to approve the applications and grant an Off Sale, intoxicating Liquor
Licenses, conditioned upon compliance with all City Code requirements to: Crossroads Liquor of
Shakopee LLC., 1262 Vierling Drive East, Shakopee;Family Dining Inc., dba Budget Liquor,
6268 Hwy 101, Shakopee; and Riverside Liquors, Inc., 507 E. 1'`Avenue, Shakopee; Valley
Liquor, Inc., 1104 Minnesota Valley Mall, Shakopee; and MGM Spirits Express, Inc., dba MGM
Liquor Warehouse 471 Marschall Road, Shakopee. (Motion carried under the Consent Agenda.)
Sweeney/Morke moved to approve the applications and grant a Sunday and Club, intoxicating
Liquor Licenses, conditioned upon compliance with all City Code requirements to: The American
Legion, Club Post No. 2, 1266 Marschall Road, Shakopee;Knights of Columbus Home Assn.,
Inc., 1760 East 4th Avenue, Shakopee; VFW Post 4046, Inc., 1201 East Third Avenue, Shakopee;
Fraternal Order of Eagles, #4120, 220 2"Avenue West, Shakopee. (Motion carried under the
Consent Agenda.)
Sweeney/Morke moved to waive the requirement of the City Code Section 5.02, Subd. 9 for
Dangerfields Restaurant Inc. and for the Knights of Columbus Home Association, Inc. (Motion
carried under the Consent Agenda.)
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Shakopee City Council Page-9-
Sweeney/Morke moved to place the following conditions on the approval of the licenses for Saba
Entertainment, LLC dba The Main Event Sports Bar and Grill:
a. The extended 648 square foot area of the license, which includes the deck, shall be
closed on a daily basis to the public at sunset and no sale or consumption of food or
beverages is allowed on the deck after sunset.
b. The doors to the extended deck license area shall remain closed at all time after sunset
except in the case of an emergency.
c. Applicant's failure to comply with any of these conditions shall be grounds for
suspension or revocation of the license by the City Council.
(Motion carried under the Consent Agenda.)
Sweeney/Morke moved authorize the purchase of a full size police squad car from Superior Ford
in the amount of$22,596.00 with the funding to come from the Equipment Internal Service Fund.
(Motion carried under the Consent Agenda.)
Mark McNeill presented the 2001 Tentative Budget Calendar. Some of these meeting dates may
need to be changed because these meetings should involve other individuals with expertise in the
areas being discussed. The Chair of the Planning Commission and the Park and Recreation
Advisory Board will be invited to the Capital Improvement discussion on August 17. This will be
the first of three meetings on the General Fund budget. He asked for direction as to whether
some things should be done differently from last year. The Council directed that other interested
parties be invited to come to specific meetings: i.e. Shakopee Public Utilities. Cncl. Sweeney felt
that the City Council needed to be looking at a long-range budget along with a list of priorities.
Sweeney/Amundson moved to adjourn the meeting to Tuesday, June 27, 2000 at 5:00 p.m. The
meeting adjourned at 8:37 p.m. Motion carried unanimously.
olti .1 4.6\E,
pliith S. Cox
ity Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 27, 2000
The meeting was called to order at 5:00 p.m. with Councilmembers Morke, Link, Amundson,
Sweeney and Mayor Brekke present. Also present: Bruce Loney,Public Works Director;Paul
Snook,Economic Authority Director, Judith S. Cox, City Clerk;Mark McNeill, City
Administrator;Jerry Poole, Deputy Chief of Police; and Tracy Coenen, Management Assistant;
The pledge of allegiance was recited.
Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously.
Mayor Brekke introduced the presentation of the City Facilities Study by JEA Architects.
Mark McNeill, City Administrator, stated that in December of 1999 the Council directed that a
facilities study be done on the government facilities. This study is needed for the five year OP
Plan. The needs of the City were to be analyzed for a ten-year term with emphasis on growth. In
the City Facilities Study dated May 15, 2000, it was noted that further direction was given by the
Council that now instead of 10 years this study was to cover 40-50 years. Because this direction
was given so recently some of the presentation in the report will be in conflict. Mr. McNeill now
turned the balance of the report over to Mr. Jack Anderson, JEA Architects.
Mr. Anderson reported that the objective of this study was to look at existing facilities and give a
space analysis as to what was and what will be needed ultimately, when the City is passed the
growing stage, as far as space is concerned. He looked at City Hall, the Public Works
Department, the Police Department, the Library, Shakopee Public Utilities, and the Fire Station.
He did some research on the Community Center site keeping the existing buildings and
alternatives to these buildings in mind. He had several meetings with City staff. At this point it is
slightly early to be giving cost estimates. This is historically being done with square footage
costs. The City does need to allow for some flexibility for growth. The City needs to be
proactive in remedial work in some of the government buildings. Now is the time for this study,
that is, before the building is actually needed. The current location of City Hall lends to a good
identity for the City. Right now the boiler system needs remedial work along with the roofing.
The roofing is of medium priority, but the boiler is high priority. City Halls needs 6,500 square
feet in addition to what is there now. It is highly unlikely that the current City Hall can be
extended upward. The building was not designed for a second story. The cost of the 6,500
square feet would be approximately$1.2— 1.8 million. If the 6,500 square feet were to be added
on to the current building, then 1/2 of the limited parking would be eliminated.
Official Proceedings of the July 27, 2000
Shakopee City Council Page-2-
This would be a two-story addition. The first floor would take care of the needs of City Hall for
approximately 10 years and then the second floor would take care of some future growth but
possibly not all growth. This is with the lower level being used to the maximum by City staff. It
was brainstormed that this building might be demolished and a new two or three story building
put up in its place that would accommodate a City Hall staff better.
It was reported that perhaps a new Police Building could be built on the current Shakopee
Utilities site. The current Police Department building is two stories and has no elevator. It is
recommended that the Police Department be moved out of the Public Works building. In the ten-
year analysis it was projected that 23.500 additional square feet will be needed at a cost of
approximately $2.3 —2.8 million and the Police Department will need a new site to take care of
their growth issues. There are building code issues at the site where they are located now.
The Public Works Department is on an excellent site. The size of the site is adequate for their
projected future growth if the Police Department moves out. Fire Sprinklers are recommended to
be placed throughout the current building along with several exterior upgrades, consisting of fairly
high cost items. The roof needs to be looked at for re-roofing. Additional space of 31,000
square feet addition will be needed for this department. This additional space does allow for some
cold storage room.
Early in the Library study a second floor to the existing building was proposed. The County does
not want a library building with a second floor. After the structural analysis was done it was
deemed that this was a poor idea in the first place. This building now is in fair condition. The
parking lot is small but it does meet the downtown requirements. Ultimately the City has the say
on what this building is like but the county needs to agree with the City. There is no room for
growth in the current building.
Shakopee Public Utilities is in a poor building. Much of this building is metal and unheated. It
needs some major updating. This would be a great site for a Police Department building.
The downtown Fire Station has no onsite parking. There are many levels in this building. This is
a great location but it is not recommended as a site for a new Police Department building.
On the existing Community Center Site there is room for expansion. This site could house the
new City Hall and a Police Department under one roof. This is also a site for a possible new
library. There was a graphic of the current site for the Community Center showing possible
expansion opportunities. It was determined that this would not be a good site for a Police
Department because of traffic and only one street to access on.
Official Proceedings of the July 27, 2000
Shakopee City Council Page-3-
Mark McNeill reported on the campus site idea for a new City Hall. He explored the Community
Center idea but in the end determined that this site should be left for future recreational uses. He
identified locations for the new City Hall on County Roads 83, 16 or south of County Road 101.
There are also other sites available downtown. Some sites would be a challenge to develop.
Mayor Brekke stated that the new City Hall and Police Department define what the City campus
is to be. Cncl. Sweeney asked for some figures on potential sites with the big picture in mind. He
also asked for some condemnation costs of possible future sites. We worked hard to keep the
County downtown; he questioned how can the City leave.
The City Council discussed relocating some of the above City departments.
Mr. McNeill was given direction to identify possible construction sites along with the cost of the
acquisition and the pros and cons of each site. A parcel large enough to accommodate a City Hall
and Police station or a City Hall alone is needed.
There were no public comments on the proposed City Hall expansion.
Mayor Brekke thanked Jack Anderson for his facilities report.
Mr. Bruce Loney opened the preliminary discussion of the proposed Right-Of-Way Ordinance.
Mr. Bob Vose of Kennedy and Gravin was present to present the Right-of-Way Ordinance.
According to the June 22, 2000 correspondence from Jim Strommen, this Right-of Way ordinance
has been developed over a period of three years. The League of Cities has put together a model
ordinance allowing for telecommunications and it also contains the standard plates for restoration
that have been adopted by the Public Utilities. Public Utilities deal with all the right-of-way users.
The purpose of the Right-Of-Way Ordinance is to establish a uniform standards for right-of-way
users and then everyone will need to abide by the same rules. There will be requirements for the
right-of way users. The users will need to register the use of the right-of-way and permits will be
required. There will be some franchise fee and some permit fees involved. Shakopee Public
Utilities will pay the same fees as other users. The right-of-way ordinance will have restoration
standards. There are some exceptions. There is an exsisting policy on undergrounding. Maps
will be provided as to what is in the right-of-way and where. Eventually all utilities will be
underground.
Official Proceedings of the July 27, 2000
Shakopee City Council Page-4-
Mr. Loney added there would be some exceptions where no permit is required but only a few.
Certain activities in the right-of-way do not need permits, such as boulevard plantings, snow
removal and possibly irrigation systems. We may want to include some items such as driveways.
This needs further discussion.
Mayor Brekke directed Mr. Loney to come forward with what he is comfortable with because he
will need to enforce this ordinance.
There will be a fee schedule, which will be passed by resolution at a City Council meeting when
the right-of-way ordinance is finalized. This right-of-way ordinance will cost the City initially but
it needs to be done. There will be considerable paperwork and an administrative person will be
needed. Some of the costs can be recaptured through permit fees. Inspections will need to done
and this will be an area of expense. This ordinance allows the City to recoup all their costs.
There are big changes for all the utilities coming in the very near future. The advantages of these
changes outweigh the disadvantages.
A boulevard plan is needed as to what goes where in the right-of—way ordinance for the utilities
so there is room for all keeping in mind the pipeline safety needs.
The plates and possibly the process itself will be the areas in which there will be complaints.
The utility companies have been invited to the July 5, 2000 City Council meeting. This is not a
public hearing but they were asked if they wanted to comment. They were asked for written
comment also. The City Attorney can review these written comments if they are received in a
timely fashion.
Sweeney/Morke moved to adjourned the meeting. Motion carried unanimously. The meeting
adjourned at 6:52 p.m.
kot-A •4 •
\f-
J dith S. Cox
ity Clerk
Carole Hedlund
Recording Secretary
i � U
CO OT
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance director
RE: City Bill List
DATE: July 27, 2000
Introduction and Background
Attached is a print out showing the division budget status for
2000 based on data entered as of 7/27/2000 .
Also attached is a regular council bill list for invoices
processed to date for council approval .
Included in the checklist but under the control of the EDA are
checks for the EDA General Fund (code 0191) in the amount of
$860 . 00 .
Also included in the checklist but under the control of the S .W.
Metro Drug Task Force (code 9825) are checks in the amount of
$16, 999 . 73 .
Action Requested
Move to approve the bills in the amount of $270, 748 .41.
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
07/27/00
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 80,130 8,486 40,503 51
12 CITY ADMINISTRATOR 249,600 21,195 141,349 57
13 CITY CLERK 219,290 10,281 86,735 40
15 FINANCE 429,990 40,303 254,411 59
16 LEGAL COUNSEL 298,500 61,050 207,610 70
17 COMMUNITY DEVELOPMENT 574,780 54,347 281,374 49
18 GENERAL GOVERNMENT BUILDINGS 253,840 8,690 77,488 31
31 POLICE 2,173,740
137,813 1,055,611 49
32 FIRE 705,840 44,924 307,965 44
33 INSPECTION-BLDG-PLMBG-HTG 428,070 38,101 255,047 60
41 ENGINEERING 541,650 51,642 264,040 49
42 STREET MAINTENANCE 904,850 81,516 402,973 45
44 SHOP 156,240 15,207 80,015 51
46 PARK MAINTENANCE 535,430 39,508 254,564 48
91 UNALLOCATED 557,010 24,867 242,396 44
TOTAL GENERAL FUND 8,108,960 637,929 3,952,081 49
17 COMMUNITY DEVELOPMENT 509,990 14,632 163,896 32
TOTAL TRANSIT 509,990 14,632 163,896 32
19 EDA
247,380 70,481 104,457 42
TOTAL EDA 247,380 70,481 104,457 42
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CITY OF SHAKOPEE CONSENT'
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preservation Zone(AG)to Urban Residential(R-1B)
APPLICANT: Pheasant Run of Shakopee,LLC
MEETING DATE: August 1, 2000
INTRODUCTION:
Pheasant Run of Shakopee,LLC has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation(AG)to Urban Residential(R-1B). The property is located
north of Valley View and west of County Road 16. The Comprehensive Plan guides this area for
single family residential development.
At its July 20,2000,meeting,the Planning Commission took public testimony and reviewed this
request. The Planning Commission recommended approval of this request to the City Council.
Provided for your reference is a copy of the July 20,2000 memorandum to the Planning Commission.
ALTERNATIVES:
1. Approve the request to rezone property from Agricultural Preservation(AG)to Urban
Residential(R-1B).
2. Deny the request to rezone property from Agricultural Preservation(AG)to Urban Residential
(R-1B).
3. Table the decision and request additional information from the applicant and/or staff.
ACTION REQUESTED:
Offer a motion to approve Ord.No. 573,An Ordinance Amending the City of Shakopee's Zoning Map
by Rezoning Property from Agricultural Preservation(AG)to Urban Residential(R-1B).
/'
4(4/kY4--
u'e Klima
Planner II
g:\cc\2000\cc0801\rezpr6.doc
ORDINANCE NO. 573,FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY
REZONING LAND GENERALLY LOCATED NORTH OF VALLEY VIEW ROAD AND
EAST OF COUNTY ROAD 17 FROM AGRICULTURAL PRESERVATION(AG)TO
URBAN RESIDENTIAL(R-1B)
WHEREAS,Pheasant Run of Shakopee,LLC, applicants and property owner, has
requested the rezoning of land from Agricultural Preservation (AG)Zone to Urban Residential(R-
1B);
R1B);
WHEREAS,the subject property is legally described as follows:
The West Half of the North Half of the Southwest Quarter of the Northeast Quarter of
Section 17, Township115, Range 22 West, Scott County,Minnesota; and
The West Half of the South Half of the Southwest Quarter of the Northeast Quarter of
Section 17, Township 115, Range 22 West, Scott County,Minnesota; and
The West Half of the West Half of the Southeast Quarter of Section 17, Township 115,
Range 22 West, Scott County,Minnesota Subject to the Right-of-Way for Valley View
Road
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on July 20, 2000, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting of August 1, 2000, and
found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the
City within which it is located.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,
ORDAINS:
Section 1 -That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Agricultural Preservation(AG)Zone to Urban
Residential(R-1B)zone.
Section 2 -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 , 2000.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of , 2000.
r
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Amendment to the Zoning Map-Rezone property from
Agricultural Preservation(AG)to Urban Residential(R-1B)
DATE: July 20, 2000
Site Information:
Applicant: Pheasant Run of Shakopee,LLC
Property Owner: Pheasant Run of Shakopee,LLC
Location: South of Highway 169, west of County Road 17 and north of Valley View
Road
Adjacent Zoning: North: Agricultural Preservation(AG)
South: Rural Residential(RR)
East: Agricultural Preservation(AG)
West: Urban Residential(R-1B)
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Zoning Area Map
Exhibit B: City Code Section 11.22 Agricultural Preservation (AG)
Regulations
Exhibit C: City Code Section 11.28 Urban Residential
(R-1B)Regulations
Discussion
The applicant is requesting that the City amend the Official Zoning Map by rezoning property
currently zoned as Agricultural Preservation (AG) to Urban Residential (R-IB). Please see Exhibit
A for the location of the subject site.
The Comprehensive Plan has set basic policies to guide the development of the City. The purpose
of designating different areas for residential, commercial, and industrial land uses is to promote the
location of compatible land uses, as well as to prevent incompatible land uses from being located in
close proximity to one another. The Zoning Ordinance is one of the legal means by which the City
implements the Comprehensive Plan. Exhibits B and C provide a listing of the uses, both permitted
and conditional, that are allowed in the Agricultural Preservation (AG) and Urban Residential (R-
IB)
R1B)zones.
The 1995 Land Use Plan guides this property for single family residential purposes. A copy of the
land use plan is available for viewing at City Hall and will be made available at the July 20, 2000,
meeting.
Findin
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff
findings.
Criteria#1 That the original Zoning Ordinance is in error;
Finding#1 The original Zoning Ordinance is not in error.
Criteria#2 That significant changes in community goals and policies have taken place;
Finding#2 Significant changes in community goals and policies have taken place. With the
opening of Highway 169, the City has experienced significant growth and demand
for residential sites. The rezoning of this property would provide additional
developable property for single family residential uses.
Criteria#3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding#3 Significant changes in City-wide or neighborhood development patterns have
occurred With the construction and opening of Highway 169, this portion of
Shakopee has experienced increased visibility and improved access, which has led
to significant development for the area.
Criteria#4 That the comprehensive plan requires a different provision.
Finding#4 The proposed rezoning would not be in conflict with the Comprehensive Plan.
Alternatives
1. Recommend to the City Council the approval of the request to rezone the subject property
from Agricultural Preservation(AG)to Urban Residential(R-1B).
2. Recommend to the City Council the denial of the request to rezone the subject property from
Agricultural Preservation(AG) to Urban Residential(R-1B).
3. Continue the public hearing and request additional information from the applicant or staff.
Staff Recommendation
Staff recommends Alternative No. 1, recommending to the City Council the approval of the request
to rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R-1B)
Zone.
Action Rea nested:
Offer a motion to recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation(AG)to Urban esidential(R-1B)Zone.
Jure KIma
,Planner II
g:\boas-pc\2000\july20\rzph un6.doc
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Proposed Rezoning from AG to R1 B
Zoning
Parcels
06/26/00
A.1-11R TT 13
§11.22
SEC.11.22. AGRICULTURAL PRESERVATION ZONE(AG).
Subd. 1. Purpose, The purpose of the agricultural preservation zone is to preserve and promote
agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered
and leap-frog non-farm growth, and to prevent premature expenditures for such public services as
roads,sewer,water,and police and fire protection.
Subd. 2. Permitted Uses, Within the agricultural preservation zone, no structure or land shall be
used except for one or more of the following uses:
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce stands;
E. riding academies;
F. utility services;
G. public recreation;
H. public buildings;
I. day care facilities serving twelve(12)or fewer persons;
J. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve(12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available,a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
page rowed in 1996
1111
§11.22
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
J. group family day care facilities serving fourteen(14) or fewer children;or
K. residential facilities serving six(6)or fewer persons.
Subd.3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be
used for the following uses except by conditional use permit:
A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
B. (Deleted, Ord.501, September 18, 1997)
C. retail sales of nursery and garden supplies;
D. cemeteries;
E. churches and other places of worship;
F. agricultural research facilities, which are facilities specifically operated for the
purpose of conducting research in the production of agricultural crops, including
research aimed at developing plant varieties. This term specifically excludes
research regarding the development or research of soil conditioners, fertilizers, or
other chemical additives placed in or on the soil or for the experimental raising of
animals;
G. animal hospitals and veterinary clinics;
H. kennels. A kennel is any premise in which more than two (2) domestic animals,
over six (6) months of age,are boarded,bred or offered for sale;
I, public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12,or any portion
thereof;
J. commercial recreation, minor,
K. utility service structures;
L. day care facilities serving thirteen (13)through sixteen (16) persons;
M. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13)or more persons;
page revised in 1997
1112
§11.22
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
fourty(40)square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state, federal and other governmental licensing agency
approval;and
6. comply with all other state licensing requirements; (Ord.482, May 15, 1997)
N. residential facilities serving from seven(7)through sixteen (16) persons;
O. wind energy conversion systems or windmills;
P. relocated structures;
0. structures over two and one-half (2-1/2)stories or thirty-five(35)feet in height;
R. developments containing more than one(1)principal structure per lot;or
S. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord.528, October 29, 1998)
Subd.4. Permitted*Accessory Uses. Within the agricultural preservation zone the following uses
shall be permitted accessory uses:
A. machinery and structures necessary to the conduct of agricultural operations;
B. garages;
page reined in 1998
1113
1§11.22
C. fences;
D. recreational equipment;
E. stables;
F. swimming pools;
G. solar equipment;
H. tennis courts;
1. receive only satellite dish antennas and other antenna devices;
J. home occupations contingent upon approval of a home occupation permit; or (Ord.
501,September 18, 1997)
K. other accessory uses,as determined by the Zoning Administrator.
Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and
no structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: one dwelling per forty(40)acres.
B. Lot specifications:
Minimum lot width: 1000 feet.
Minimum lot depth: 1000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rear yard setback: 40 feet.
C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd.6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty(20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty(20)feet for at least 50%of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord.
279,December 1, 1989; Ord.304, November 7, 1991;Ord. 377, July 7, 1994; Ord.
435,November 30, 1995)
SEC.11.23. Reserved
pipe revised in 1987
1114
§11.28
A, All dwellings shall have a depth of at least twenty(20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty(20)feet for at least 50%of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord.377,July 7, 1994;Ord.435,November 30, 1995)
SEC.11.27. Reserved.
SEC.11.28. URBAN RESIDENTIAL ZONE(R-1B).
Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential
development where publicsanitary sewer and water are available.
Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used
except for one (1)or more of the following uses:
A. single family detached dwellings;
B. existing single family attached dwellings;
C. existing two(2)family dwellings;
D. public recreation;
E. utility services;
F. public buildings;
G. day care facilities serving twelve(12)or fewer persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day care center shall:
sarle :weive :2.) ;,r;ewer perscns;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisurelrecreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available,a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
p.pe revised in 1997
1129
§11.28 __
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;and
S. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. group family day care facilities serving fourteen(14)or fewer children;
J. residential facilities serving six(6)or fewer persons;or
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section. (Ord.496,August 21, 1997)
Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used
for the following uses except by conditional use permit:
A. churches and other places of worship;
B. (Deleted, Ord.501, September 18, 1997)
D. cemeteries;
D. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utility service structures;
G. day care facilities serving thirteen (13)through sixteen (16)persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day centers shall:
1. serve thirteen(13)or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
pogo rowed in 1997
1130
§11.28
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available,a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. residential facilities servicing from seven(7)through sixteen(16) persons;
J. relocated structures;
K. structures over two and one-half (2-1/2) stories or thirty-five(35)feet in height;
L. developments containing more than one (1)pnncipai structure per lot; or
M. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 501, September 18, 1997; Ord. 528, October 29,
1398)
Subd. 4. Permitted Accessory Uses. Within the urban residential zone, the following uses shall
be permitted accessory uses:
A. garages;
B. fences;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s)as permitted accessory uses, subject to
the following conditions:
1. shag be co-located on an existing tower or an existing structure;
page rsvis.d in 1998
1131
§11.28
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s)apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s)/apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possble;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed,the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s)/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
• .dIIy. parksof sufficient size Gnu character Gl.:ci UIal are GuiGiV cnt to an
existing commercial or industrial use;
• commercial recreation areas and major playfields used primarily by
adults;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13, 1997)
F. swimming pools;
G. tennis courts;
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18, 1997)
solar equipment;or
pope revised in 1997
1132
§11.29
J. other accessory uses,as determined by the Zoning Administrator.
Subd. 5. Desian Standards. Within the urban residential zone, no land shall be used, and no
structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: five (5) dwellings per acre. Streets shall be excluded in
calculating acreage.
B. Maximum impervious surface percentage: 50%
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(existing two-family dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd.6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty(20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty(20)feet for at least 50%of
their depth.
B. All dwellings snail have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord.31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
320. 11.29. r-lcaalid u.
page revised in 1997
1133
1% ,3,
CITY OF SHAKOPEE r
Memorandum CONSENT
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Comprehensive Plan to Add Property to MUSA and
MEETING DATE: August 1,2000
INTRODUCTION:
At its June 18th meeting,in response to a request from ISD 721 and comment by Steve Soltau of
Shakopee Crossings,Council directed staff to initiate an amendment to the Comprehensive Plan that
would add about 23 acres into MUSA. A portion of the site on the west is proposed to be a part of
the proposed elementary school site for ISD 721. The additional areas would be guided for
neighborhood commercial and medium density residential development.
On July 20th, a public hearing on this proposal was held before the Planning Commission. At that
meeting,the Planning Commission,voted to recommend approval of the proposed Comprehensive
Plan change.
ALTERNATIVES:
1. Approve the proposed amendment, and direct staff to prepare a resolution to submit the
proposed plan amendment to the Metropolitan Council without preliminary approval;
2. Approve the proposed amendment, and direct staff to prepare a resolution of conditional
approval subject to Metropolitan Council review and comment.
3. Do not approve the proposed amendment.
4. Table the proposed amendment for additional information.
ACTION REQUESTEDI
Offer and pass a motion consistent with alternative 1 or 2.
/edt -2/14
R. Michael Leek
Community Development Director
g:\CC\2000\Aug 1\compplanamend.doc
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. MM ichael Leek, Community Development Director
SUBJECT: Amendment to the Comprehensive Plan to Add Property to MUSA and
Reguide
DATE: July 20, 2000
Site Information: •
Applicant: City of Shakopee, in response to a request by ISD 721
Property Owner: Shakopee Crossings,L.L.P.
Location: Southwest of Southbridge Parkway, and northwest of Future C.R. 21
Adjacent Zoning: North: I-1,Light Industrial
South: I-i,Light Industrial
East: I-1,Light Industrial
West: I-1,Light Industrial
MUSA: The site is not currently within the MUSA boundary.
Attachments: Exhibit A: Location Map as shown in Shakopee Crossings AUAR
Exhibit B: 1995 Comprehensive Plan Map
Discussion:
At its June 18th meeting, in response to a request from ISD 721 and comment by Steve Soltau of
Shakopee Crossings, Council directed staff to initiate an amendment to the Comprehensive Plan that
would add about 23 acres into MUSA. A portion of the site on the west is proposed to be a part of
the proposed elementary school site for ISD 721. The additional areas would be guided fcr
neighborhood commercial and medium density residential development.
The Commission is asked to take any testimony, and make a recommendation to the City Council
regarding the proposed Comprehensive Plan Amendment.
Alternatives:
1. Recommend to the City Council the approval of the proposal to amend the Comprehensive
Plan to add the subject property to MUSA.
2. Recommend to the City Council the denial of the request to amend the Comprehensive Plan.
3. Continue the public hearing for additional information.
Action Reauested:
Offer a motion malting a recommendation to the City Council consistent with the Commission's
wishes.
R. Michael Leek
Community Development Director
g:\boaa-pc\2000y uly2olcompplan.doc
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NSP Easment 14.8 ac,
hirillIllailli ------• ® Landfill (not In Park)
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Ng Ponding Easements 34.7 ac.
Total Site Area 314.8 ac.
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CITY OF SHAKOPEE CONSENT
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary and Final Plat of ADC FIRST ADDITION
MEETING DATE: August 1,2000
APPLICATION DATE: Received June 26,2000
Introduction:
ADC Telecommunications,Inc. has made application for concurrent preliminary and final plat review
for the proposed ADC FIRST ADDITION. The Council previously approved concurrent
consideration of the preliminary and final plats. Under the recently adopted subdivision ordinance, only
the Planning Commission reviews only the preliminary plat. This plat proposes the creation of two
lots, one outlot,and the dedication of a street(Broadband Boulevard). The final plat is consistent with
the preliminary plat reviewed by the Planning Commission.
Considerations:
The proposed 490,000 square foot ADC facility to be built on proposed Lot 1, Block 1 was the
subject of an EAW. On July 5, the City Council made a negative declaration on the need for an
environmental impact statement(EIS)for the site, thereby allowing the plat application to move
forward.
Park dedication fees apply to this development. The current City Fee Schedule requires payment
of$3880.00/acre for commercial and industrial plats. The applicant has requested deferral of
payment of these fees; a copy of the request is attached for the Council's information. If the
request is approved, park dedication fees would be due at the time of issuance of building permits,
and the dedication due would be based on the adopted fee schedule in place at the time of
issuance of building permit.
Shakopee Public Utilities Commission has not submitted review comments. As a result, the
accompanying resolution contains language clarifying that the City of Shakopee does not warrant
the availability of water supplies by approving the plat.
Alternatives:
1. Approve Resolution No. 5393, a resolution of the City Council of Shakopee approving the
preliminary and final plat of ADC FIRST ADDITION subject to the following proposed
conditions;
L The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements, as well as payment of engineering review fees, and any other fees as
required by the City's adopted fee schedule.
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. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and construction of
streets in accordance with the requirements of the Design Criteria and Standard
Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges,
security for the public improvements, engineering review fees, and other fees as
required by the City's adopted Fee Schedule.
6. The plat drawing shall be revised to correct the spelling of"Broadband
Boulevard" [nee' Broad Band Boulevard].
C. Final Construction Plans and Specifications must conform to City requirements and
are subject to approval by City Engineer. Such plans as they relate to water or electricity
are subject to the approval of the SPUC Utilities Manager.
D. In the event that it is determined that Research Boulevard has not been vacated, the
applicant will initiate proceedings to vacate Research Boulevard.
E. The plat shall be revised to show required easements(including easements for a trail
on the east and north boundaries of the property), and changes to street right-of-way, as
required by the Minnesota Department of Natural Resources, and the City's Natural
Resources Director.
II. Following approval and recording of the final plat, the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. Park Dedication fees shall be payable at the time of issuance of building permits, and
shall be payable at the then-current rate for park dedication under the City of
Shakopee's adopted fee schedule.
C. The developer shall install all subdivision monumentation within one year from the
date of recording the plat. At the end of the one year period from recording of the
Plat, the developer shall submit to the City Engineer written verification by a
registered land surveyor that the required monuments have been installed throughout
the plat. Monumentation may only be installed on a per lot basis at the time of
building permit issuance with prior approval of the City Engineer.
D. Approval of the preliminary and final plat of ADC FIRST ADDITION does not
constitute a representation or guarantee by the City of Shakopee as to the amount,
sufficiency or level of water service that will be available to the subject property as it
develops.
2. Approve Resolution No. 5393 approving the preliminary and final plats of ADC FIRST
ADDITION subject to revised conditions.
3. Do not approve the proposed preliminary and final plat of ADC FIRST ADDITION.
4. Table a decision in order to allow time for the applicant and/or staff to provide additional
information.
Planning Commission Recommendation:
The Planning Commission reviewed the Preliminary Plat at its meeting of July 20, 2000, and
recommended approval with an additional condition(contained in the proposed resolution)
regarding easements for trail purposes on the east and north boundaries of the subject property.
Action Requested:
Offer Resolution No. 5393 approving the preliminary and final plat of ADC FIRST ADDITION
subject to the conditions as presented.
R. Michael Leek
Community Development Director
i:\commdev\cc\2000\0801\pfpadcfirst.doc
D "Telecommunications
ADC Telecommunications,Inc. Telephone(612)938-8080
P.O.Box 1101 FAX(612)946-3292
Minneapolis,Minnesota 55440-1101
July 20, 2000
Michael Leek
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
RE: Deferral of a Portion of ADC Park Dedication Fees
Dear Mr. Leek:
As you are aware, ADC Telecommunications, Inc. ("ADC") intends to
construct a 490,000sf facility on the 106-acre site formerly known as
the "CAMAS site" (referred to now as the "ADC Development Site").
We understand that, as part of the development process, the City of
Shakopee will require a Park Dedication Fee.
ADC formally requests that the City of Shakopee allow ADC to defer
any and all payments of a Park Dedication Fee for the Lot 2 of the ADC
Development Site and the outlot being purchased from Shakopee Public
Utilities Commission (SPUC). ADC does not intend to construct a
facility on either of these parcels at this time. The Lot 2 area has been
calculated to be 41.5 acres. The SPUC outlot has been calculated to be
3.09 acres. Applying the City's fee schedule for the Park Dedication
Fee, the total amount of requested deferment is $173,009.20.
We further understand that approval of our request to defer payment
of a portion of the Park Dedication Fee will be done in conjunction with
the plat approval process. Please do not hesitate to contact either
Linda Lund of CRESA Partners or me with any comments or questions
you may have. Linda's telephone number is 612-373-9181 and mine is
952-403-8605. Thank you for your assistance with this matter.
Sincerely,
Peter W. Hemp
Vice President
Broadband Connectivity Group
CC: Kathy Kozak Roberts, Esq. - ADC
Jim Rick - ADC
Linda Lund - CRESA Partners
RESOLUTION NO. 5393
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE
PRELIMINARY AND FINAL PLATS OF ADC FIRST ADDITION
WHEREAS,ADC Telecommunications,Inc., applicant and property owners have made
application for preliminary and final plat approval of ADC First Addition;and;
WHEREAS,the subject properties are legally described as shown on Exhibit A;and
WHEREAS,the Shakopee Planning Commission held a public hearing on this request on July
20, 2000;and
WHEREAS,all required public notices regarding the public hearing were posted and sent;and
WHEREAS,the Shakopee Planning Commission has recommended approval subject to the
conditions listed below.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,as follows:
That the preliminary and final plat of ADC FIRST ADDITION is approved subject to the
following conditions;
L The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements, as well as payment of engineering review fees, and any other fees as
required by the City's adopted fee schedule.
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. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and construction of
streets in accordance with the requirements of the Design Criteria and Standard
Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges,
security for the public improvements, engineering review fees, and other fees as
required by the City's adopted Fee Schedule.
6. The plat drawing shall be revised to correct the spelling of"Broadband
Boulevard" [nee' Broad Band Boulevard].
C. Final Construction Plans and Specifications must conform to City requirements and
are subject to approval by City Engineer. Such plans as they relate to water or electricity
are subject to the approval of the SPUC Utilities Manager.
D. In the event that it is determined that Research Boulevard has not been vacated, the
applicant will initiate proceedings to vacate Research Boulevard.
E. The plat shall be revised to show required easements(including easements for a trail
on the east and north boundaries of the property), and changes to street right-of-way, as
required by the Minnesota Department of Natural Resources, and the City's Natural
Resources Director.
II. Following approval and recording of the final plat, the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. Park Dedication fees shall be payable at the time of issuance of building permits, and
shall be payable at the then-current rate for park dedication under the City of Shakopee's
adopted fee schedule.
C. The developer shall install all subdivision monumentation within one year from the
date of recording the plat. At the end of the one year period from recording of the Plat,
the developer shall submit to the City Engineer written verification by a registered land
surveyor that the required monuments have been installed throughout the plat.
Monumentation may only be installed on a per lot basis at the time of building permit
issuance with prior approval of the City Engineer.
THEREFORE,BE IT FURTHER RESOLVED,that approval of the preliminary and
final plats of ADC FIRST ADDITION do not constitute a representation or guarantee by the
City of Shakopee as to the amount, sufficiency or level of water service that will be available to
lots within the plat as they are developed.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2000.
Mayor of the City of Shakopee
ATTEST:
. .
•.
•
ADC FIRST
KNOW ALL MEN BY THESE PRESENTS. fiat ADC Telecommunications, Mc., a Minnesota corporation, fee owner of the following
described property situated in the County of Scott, State of Minnesota to wit: I he
C017
All that part of the Southeast Quarter of Section 3, Township 115. Range 22 lying southerly of the Chicago, St. Paul, omar
ut.
Minneapolis and Omaha Railroad Right-of-Way.
or
EXCEPTING THEREFROM that part of the west 200.00 feet, os measured at right angles to the west line thereof, of the
Southeast Quarter of Section 3. Township 115, Range 22 lying southerly of the southeasterly extension of the northeasterly
-Cl. line of Lot 1, Block 5, VALLEY PARK FIRST ADDITION, and lying northerly of the easterly extension of the southerly line of Lot
3, Block 5, VALLEY PARK FIRST AODIT10N, according to the recorded plat thereof on file and of record in the office of the
Registrar of Titles, Scott County, Minnesota.
E
and: srA
y taw,
That port of the north 824.00 feet (as measured at right angles to the north line) of the Northeast Quarter of Section 10, The
\wl Township 115, Range 22, Scott County, Minnesota lying north and east of the south 488.00 feet of the west 179.95 feet of Lana
said north 824.00 feet.
EXCEPT the plat of VALLEY PARK FIRST ADDITION, Scott County, Minnesota. (Certificate of Title No. 29990)
AND.• That the City of Shakopee, a Minnesota municipal corporation, fee owner of the following described property situated in the
[....
County of Scott. State of Minnesota to wit:
That part of Lot 4, Block 5, VALLEY PARK FIRST ADDITION, according to the recorded plat thereof and situate in Scott ! her
County, Minnesota lying south of the north line of Section 10, Township 115 North, Range 22 West of the Fifth Principal
Meridian, and Research Boulevard, vacated. as dedicated in said VALLEY PARK FIRST ADDITION.
Pave caused the some to be surveyed and platted as AUC FIRST ADOITION and do hereby donate and dedicate to the public for
public use forever the avenue, boulevard and also dedicate the easements as shown on this plot for drainage and utility purposes only.
In witness whereof said AOC Telecommunications Inc a Minnesota corporation has caused these presents to be signed by its proper
officer this day of __- poraAppr
-- 2000. come
ADC Telecommunications, Inc., a Minnesota corporation
by ------_________ its
A T'E
STA rt OF M/NNESO TA
COUNTY OF
The roregoing instrument wo, acknowledged before me this - dayof
--- Telecommunications,of AOC —
. 1000, __----- _Inc., a Minnesota corporation, on behalf of the corporation.
I her
this _
Notary Public, --_- County, Minnesota
My Commission Expires
+n witness whereof Said Cify Of ;haknpre, a Minnesota municipal c _—_
its City Clerk this — p corporation hos caused these presents to be signed by its Mayor and
- goy of __ —_ 2000.
City of Shakopee, a Minnesota mun/ci /
pa corporation
by . Mayor by- City Clerk Pursu
S rA TF OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
c
Mayor the City of Shakopee, 0 Minnesota municipal2000, by__
orporotion, on behalf of the corporation.
1 here
2000.
Notary Public, ---- County, Minnesota
STATE OF AeNNESOrA My Commission Expires
COUN TY ok-
The foregoing instrument was acknowledged before me this _ doy of________— ________ . 2000. by__ _
City Clerk of the City of ;7rokapee, a Minnesota municipal corporation. on behalf of the corporation. -`-`-` I here!
2000,
Notary Public. — County, Minnesota
My Commission Expires
EXHIE3I
City of Shakopee
Memorandum
TO: Michael Leek, Community Development Director
FROM: Joel Rutherford, Assistant City Engineer V4
SUBJECT: ADC Manufacturing and Office Facility—Preliminary and Plat
Application
DATE: July 20, 2000
After review of the preliminary and final plat application submittals, the engineering
department has the following comments and recommendation:
Streets
The development proposes to connect to Valley Park Drive at two locations. There are
turn lanes proposed at the south connection to Valley Park Drive, and at the north
connection. The widths of the remainder of the proposed streets,meets the City's design
criteria.
The location of the roadway along the east side of the plat may need to be shifted to the
west, as required by the Minnesota Department of Natural Resources (DNR). The DNR
has requested a 50-foot setback from the top of the channel that exists along the east
edge. The developer is working with the DNR to determine how far the road will need to
be moved. Prior to review by the City Council, the final plat will need to be revised to
allow for the road relocation, per the requirements of the DNR.
Easements
All easements for the Final Plat must be in conformance with the City Code. A 10-foot
drainage and utility easement shall be added along the perimeter of Lot 2. The Shakopee
Public Utility Commission may require additional easements, especially within Lot 2, to
provide for a watermain loop.
Grading Plan
Grading of the site, erosion control, and turf restoration, shall conform to the standards
published by the Minnesota Pollution Control Agency and the Minnesota Board of Water
Resources. The construction plan submitted for review indicates the General Contractor
is responsible for preparing the erosion and sedimentation plan. Prior to grading of the
site, the grading plan shall be revised to show this plan, along with the turf restoration
schedule for all disturbed areas, including stockpiles. No grading will be allowed until
the City Engineer approves this plan.
Wetlands
A certificate of exemption is required prior to any grading work. The developer shall
provide documentation indicating any wetlands that exist on the site. If there are
wetlands, any filling or draining of these wetlands will require mitigation,per the
requirements of the Wetland Conservation Act.
Prior Lake/Spring Lake Outlet Channel
The DNR has indicated that any changes to this channel must meet their requirements.
They have indicated that they want the areas adjacent to this channel to be left in a natural
state. If the channel is enlarged or changed, the disturbed areas should be restored with
natural grasses, and other plants that are to be left alone with little or no maintenance.
This "no maintenance" area will be better defined prior to the City Council reviewing the
plat.
Trunk Fees
As part of this development, Stormwater Trunk Fees will be required at the time of
building permit issuance. The fee amount will be based on the total area of the lot for
which a building permit is issued. The charge per square foot will be based on the
adopted fee schedule at the time of application(the current fee amount is $0.077 per net
square foot). If the on-site ponding does not meet the City's criteria, an additional charge
will be applied.
The proposed development is outside the sanitary sewer trunk charge area, so no sanitary
sewer trunk charge will be applied.
Recommendation
Recommend approval of the preliminary and final plat for the proposed plat, subject to
the following conditions:
a) Prior to review of the final plat by the City Council the plat is revised to show
required easements, and changes to the street right-of-way, as required by the
Minnesota Department of Natural Resources.
b) Prior to recording of the Final Plat, the following actions must be completed:
a) Execution of the Developers Agreement,which shall include provisions for
payment of engineering review fees, and other fees as required by the City's
adopted Fee Schedule; and
b) The City Engineer approves the Final Construction Plans and Specifications.
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Preliminary/Final Plat
Zoning
Parcels
06/26/00 , -__.)<H l 131T ,a,
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7
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary Plat of ADC FIRST ADDITION
MEETING DATE: July 20, 2000
APPLICATION DATE: Received June 26,2000
Site Information:
Applicant: ADC Telecommunications,Inc.
Property Owners: ADC Telecommunications,Inc.
Location: South of STH 101, east of Valley Park Drive, and west of the
"CAMAS/Shiely"quarry site
Current Zoning: I-2,Heavy Industrial Zone
Adjacent Zoning: North: B-1,Highway Business
South: I-2,Heavy Industrial
East: I-2,Heavy Industrial
West: I-2,Heavy Industrial
1995 Comp. Plan: Industrial
Area: 106.03 Acres,±
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Zoning/Location Map
Exhibit B: Preliminary Plat and Site Plan
Introduction:
ADC Telecommunications,Inc. has made application for concurrent preliminary and final plat review
for the proposed ADC FIRST ADDITION. Under the recently adopted subdivision ordinance, only
the preliminary plat application is reviewed by the Planning Commission. This plat proposes the
creation of two lots, one outlot, and the dedication of a street(Broad Band Boulevard).
Considerations:
The proposed 490,000 square foot ADC facility to be built on proposed Lot 1, Block 1 was the
subject of an EAW. On July 5, the City Council made a negative declaration on the need for an
environmental impact statement(EIS)for the site, thereby allowing the plat application to move
forward.
Park dedication fees apply to this development. The current City Fee Schedule requires payment
of$3880.00/acre for commercial and industrial plats. The applicant has not at this time requested
deferral of payment of these fees. Therefore, a total park dedication fee of approximately
$411,396.00 would be payable at the time of recording of the final plat.
The proposed plat does not appear to make specific provision for access to the property to the
east, which is owned by Aggregate Resources (formerly CAMAS/Shiely), from whom ADC
purchased the subject site. The plat should be revised to provide that access prior to review by
the City Council.
Shakopee Public Utilities Commission has not submitted review comments. If none have been
submitted by the time the City Council reviews the final plat, any resolution of approval shall
contain language clarifying that the City of Shakopee does not warrant the availability of
water supplies by approving the plat. I-2,Heavy Industrial
The following written comments have been received:
• The Engineering Department has provided comments, a copy of which is attached for the
Commission's information. The recommendations are included in the proposed, recommended
conditions of approval.
• The City Clerk has commented that the plat appears to include a portion of Research
Boulevard, and that if that is the case,it will need to be vacated prior to recording of the Final
Plat.
Alternatives:
1. Recommend to the City Council approval of the preliminary plat of ADC FIRST ADDITION
subject to the following proposed conditions;
L Prior to review of the preliminary and final plat by the City Council,the
following actions shall be taken:
A. The preliminary plat shall be revised to show dedicated access to the property
to the east
B. The applicant will initiate proceedings to vacate Research Boulevard as
required.
C. Prior to review of the final plat by the City Council, the plat be revised to show
required easements, and changes to street right-of-way, as required by the
Minnesota Department of Natural Resources.
II. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements, as well as payment of engineering review fees, and any other
fees as required by the City's adopted fee schedule.
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. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer
Charges, security for the public improvements, engineering review fees,
and other fees as required by the City's adopted Fee Schedule.
6. Park Dedication fees shall apply to this plat in the amount of$3880. 00
per acre, and shall be paid at the time of recording of the final plat.
C. Final Construction Plans and Specifications must conform to City requirements
and are subject to approval by City Engineer. Such plans as they relate to
water or electricity are subject to the approval of the SPUC Utilities Manager.
DI. Following approval and recording of the final plat, the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
2. Recommend to the City Council approval of the preliminary plat of ADC FIRST ADDITION
subject to revised conditions
3. Recommend denial of the proposed preliminary plat of ADC FIRST ADDITION.
4. Continue the public hearing.
5. Close the public hearing, but table a decision in order to allow time for the applicant and/or
staff to provide additional information.
Staff Recommendation:
Staff recommends Alternative No. 1, approval with conditions.
Action Requested:
Offer a motion to recommend approval of the preliminary plat of ADC FIRST ADDITION
subject to the conditions outlined in Alternative No. 1.
R. Michael Leek
Community Development Director
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4s6-r1 ,
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Adoption of Right-of-Way Management
Ordinance No. 570
DATE: August 1, 2000
INTRODUCTION:
Attached to this memo is Ordinance No. 570, an ordinance relating to the administration
and regulation of public right-of-way in the public interest, and to provide for the
issurance and regulation of right-of-way permits by adding Section 7.17 to the Shakopee
City Code.
BACKGROUND:
Previously this Right-of-Way Ordinance was prepared by direction of City Council and
was scheduled for public discussion at the July 5, 2000 meeting. A number of comments
were received by the utility companies and were incorporated in the staff memo without
time for staff to reply to these comments. It was decided at the July 5, 2000 meeting not
to receive public testimony on this particular item but have a meeting on the Right-of-
Way Ordinance between the utility companies, staff and the City Attorney to discuss and
review comments on any proposed changes.
Staff did meet with the utility companies on July 20, 2000. Many comments were
discussed and some changes were made based on the comments received by the utility
companies. Jim Strommen, of Kennedy & Graven, has made the changes that staff and
the attorney felt were appropriate for a better ordinance. This revised ordinance has been
sent to the utility companies for their review and comments, Any comments received
will be given to the City Council prior to the meeting and the utility companies will have
an opportunity to express their concerns on the proposed ordinance at the August 1st
meeting.
Another action associated with this proposed ordinance is to establish fees to recoup the
costs for right-of-way management. Currently in the 2000 Fee Schedule, any permit to
work in the public right-of-way is $75.00 for review and administration of the permit and
first inspection. Multiple inspections would be billed at hourly rates from the
Engineering Department. With this new Right-of-Way Management Ordinance, there are
different permit requirements as established by this ordinance and the five main
categories for permit costs are as follows:
• Registration Fee
• Excavation Permit Fee
• Obstruction Permit Fee
• Permit Extension Fee
• Delayed Penalty
Staff is working to revise the Fee Schedule for right-of-way permits and will have a
resolution for the new fee schedule prepared for Council consideration at a future
meeting. It is anticipated that a revised Fee Schedule can be completed by the August 15,
2000 Council meeting.
ALTERNATIVES:
1. Remove this item off the table.
2. Adopt Ordinance No. 570, as submitted or modified by Council.
3. Deny Ordinance No. 570.
4. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1 and No. 2, to adopt a new Right-of-Way
Management Ordinance. Adoption of this ordinance will depend on other comments
received from right-of-way users.
ACTION REQUESTED:
1. Adopt Ordinance No. 570, as submitted or modified by Council.
truce Loney
Public Works %irector
BL/pmp
ROW
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Strommen, Kennedy&Graven
Cc: Bruce Loney
DATE: July 28,2000
RE: Proposed Right-of-Way Ordinance Recommended for Adoption
Attached is a redlined version of the right-of-way (ROW) ordinance the staff and city attorney
recommend be adopted at the August 1, 2000 City Council meeting. This copy contains a redlined
reference to those clauses or, in some cases, subparagraphs that have been modified or added since
the Council reviewed the proposed ROW ordinance at its work session on June 27, 2000.
The language underscored in subdivisions 6.0 and 24 were added following the June 27 meeting.
The remaining underscored material results from a meeting held with city staff, myself, and
representatives of the affected utilities. Only some of the overstricken material remains in this
redlined version for ease of reading.
The changes have been submitted to the utilities and not all of their comments to the changes have
been received. While there may be comments at the August 1 Council meeting,we believe that is a
fair and appropriate ROW management ordinance for the City.
The following summarizes the major provisions highlighted by redlining that are not self-
explanatory:
Subd. 6.0—This subparagraph creates the exceptions to the obligation to obtain a permit for use of
the ROW. They consist of residential or business landscaping, construction of appurtenances to the
traveled portion of the right-of-way, snow removal and installation of irrigation systems. The City
has a policy limiting the extent to which landscaping or gardens will be replaced when planted on
the right of way and excavation is necessary causing the displacement of the landscaping or
planting. This has been identified by the utilities as a potential problem when landscaping prepared
by the abutting land owner increases the difficulty in gaining access to underground ROW facilities.
City staff intends to monitor the interplay between the requirements of ROW users set forth in this
Ordinance and the users and activities that are excepted from this ordinance.
Subd. 16.D—This provision adds the requirement that the permittee implement standard traffic
control,procedures and devices at the work site.
Subd. 19.C(2)—This clarifies the work correction procedure and the circumstances under which
revocation of the permit may result.
JMS-183715v1
SH155-87
Subd. 20.B—The reference to an "unauthorized work permit fee" is a fee required of persons who
work in the ROW before obtaining a permit on an emergency situation. This fee and other
applicable permit fees will be reviewed and adopted by the City Council from time to time. City
staff is currently working on a fee schedule that will be applicable to the ROW ordinance.
Subd. 22.D—This provision references the grounds on which a permittee will be placed on
probation due to repeated or serious failures to follow the ROW ordinance. This provision must be
proceeded by a list of conditions which will give rise to the City staff placing a permittee on
probation. It is anticipated that this will be necessary only in rare circumstances.
Subd. 24.B and C-Undergrounding—These subdivisions were included in the original draft and
have been modified, primarily in form. They confirm the previously established policy that newly-
installed facilities will be underground subject to the exceptions set forth in subparagraph C.
Transmission lines, technical and economic unfeasibility and temporary service are exceptions to
undergrounding in new installation.
Subd. 24.D and E—Establish the remaining situations involving the possibility of underground
facilities. Subparagraph D provides that the City may require undergrounding when it is
undertaking a public improvement project that will involve the relocation of overhead facilities,
depending on certain criteria being met. Subd. 24E establishes the procedure for public hearings
and the establishment of a plan if the City Council deems it appropriate to consider the retirement of
overhead facilities over a period of time within certain districts in the City.
Subd. 24.I(1)—This provision was reached by agreement with the utilities and is modeled after the
City of Minneapolis provision relating to facilities location prior to excavation. The importance to
the City is high given the recent well-publicized gas explosions and communication cable cuts in
cities in and around the state. The utilities needed some assurance in the Ordinance that they would
not be required to perform location duties that were not possible under current technology and
mapping. The Minneapolis language is an acceptable compromise.
Subd. 24.I(2)—This provides that when"technically appropriate" all utilities will be placed within
the same trench. This will be a matter for coordinated communication between City staff and the
utilities.
Subd. 24.J—This subparagraph requires owners, platters and developers to demonstrate
compliance with this ROW Ordinance prior to final approval of any plat or development plan.
Subd. 25—This incorporates the Public Utilities Commission Rules on relocation requirements and
was inadvertently omitted in the previous draft.
Subd. 26—This provision relates to the situation where the City is required to perform work in the
ROW and the presence of ROW-user facilities near the work creates an interference or requires
protection for the City to carry out its work. This issue is made more difficult by provisions set
forth in the Gopher State One Call statute,the 1997 state ROW management legislation requiring all
users of the ROW to be treated equally, including local government units and the presence of a
JMS-180147v1 2
SH155-87
municipal utilityoperating electric and water systems but not having responsibility for management
of the ROW. The utilities question the City's authority to recover its costs for protecting the
facilities of other ROW users. This provision requires payment to the City from the offending
ROW user whose facilities require extra precautions from the City,but it distinguishes between the
City acting in its ROW management function and as a municipal utility.
In sum, this Ordinance represents a substantial undertaking for City staff and will be refined over
the next few years when the multiple users of the ROW present the City with their distinct and
possibly conflicting needs. Because the fee requirements under the 1997 ROW legislation allow the
recovery of actual costs and City-created costs in the ROW must be recognized, the establishment
of specific fees for the different types of permits is still under review by staff.
JMS-180147v1 3
SH155-87
Redlined: 07/27/00
ORDINANCE NO. 570 , FOURTH SERIES,
AN ORDINANCE RELATING TO THE ADMINISTRATION
AND REGULATION OF PUBLIC RIGHTS-OF-WAY IN THE
PUBLIC INTEREST,AND TO PROVIDE FOR THE
ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS;
ADDING SECTION 7.17 TO THE SHAKOPEE CITY CODE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA ORDAINS:
Section 1. The Shakopee City Code is amended to add a new Section 7.17 to read as
follows:
Sec. 7.17. RIGHT-OF-WAY MANAGEMENT
Subd.1. Findings,Purpose,and Intent
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a
state of good repair and free from unnecessary encumbrances.
Accordingly, the city enacts this new Section of this code relating to right-of-way permits and
administration. This Section imposes reasonable regulation on the placement and maintenance
of facilities and equipment currently within the City's rights-of-way or to be placed therein at
some future time. It is intended to complement the regulatory roles of state and federal agencies.
Under this Section, persons excavating and obstructing the rights-of-way will bear financial
responsibility for their work through the recovery of out-of-pocket and projected costs from
persons using the public rights-of-way.
This Section shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086
(the "Act") and the other laws governing applicable rights of the city and users of the right-of-
way. This Section shall also be interpreted consistent with Minnesota Rules 7819.0050 —
7819.9950 where possible. To the extent that any provision of this Section cannot be interpreted
consistently with the Minnesota Rules, the interpretation most consistent with the Act and other
applicable statutory and case law is intended.
Subd. 2. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city elects pursuant Minnesota Statutes, section 237.163 subdivision 2(b), to
manage rights-of-way within its jurisdiction.
JMS-183050v3
SH155-87
Subd. 3. Definitions. The following definitions apply in this Section of this code. References
to"subdivisions"are unless otherwise specified references to subdivisions in this Section.
"Abandoned Facility" means a facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries service. A
facility is not abandoned unless declared so by the right-of-way user.
"Applicant means any person requesting permission to excavate or obstruct a right-of-way.
"City" means the city of Shakopee, Minnesota. For purposes of Subdivision 27, city means its
elected officials, officers, employees and agents.
"Commission"means the Minnesota Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface of the public right-of-
way that occurs when the maximum lateral spacing between existing underground facilities does
not allow for construction of new underground facilities without using hand digging to expose
the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04.
subdivision 3, over a continuous length in excess of 500 feet.
"Construction Performance Bond" means any of the following forms of security provided at
permittee's option:
1. Individual project bond;
2. Cash deposit;
3. Security of a form listed or approved under Minnesota Statutes, section. 15.73,
subdivision;
4. Letter of Credit, in a form acceptable to the city;
5. Self-insurance, in a form acceptable to the city;
6. A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form acceptable to the city.
"Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than
would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of
restoration as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the city to
recover costs associated with the decrease in the useful life of the right-of-way caused by the
excavation, and which equals the degradation cost.
"Department"means the department of public works of the city.
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"Department Inspector" means any person authorized by the city to carry out inspections related
to the provisions of this Section.
"Director" means the director of the department of public works of the city, or her or his
designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction,patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss
of property; or (2) requires immediate repair or replacement of facilities in order to restore
service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-
of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of
a right-of-way.
"Excavation permit" means the permit which, pursuant to this Section, must be obtained before a
person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that
part of the right-of-way described in such permit.
"Excavation Subdivision permit fee" means money paid to the city by an applicant to cover the
costs as provided in Subdivision 12.
"Facility or Facilities" means tangible asset in the public right-of-way required to provide utility
service. The term does not include Facilities to the extent the location and relocation of such
Facilities are preempted by Minnesota Statutes, section 161.45, governing utility facility
placement in state trunk highways.
"Five-year project plan" shows projects adopted by the city for construction within the next five
years.
"High Density Corridor" means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required
to build and install facilities in a common conduit system or other common structure.
"Hole" means an excavation in the right-of-waypaveme.at, with the excavation having a length
less than the width of the pavement or adjacent pavement.
"Local Representative" means a local person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for that registrant regarding all
matters within the scope of this Section.
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"Management Costs" means the actual costs the city incurs in managing its rights-of-Way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and restoration
projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work;
determining the adequacy of right-of-way restoration; restoring work inadequately performed
after providing notice and the opportunity to correct the work; and revoking right-of-way
permits. Management costs do not include payment by a telecommunications right-of-way User
for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of
Minnesota Session Laws 1997, chapter 123; Minnesota Statutes, sections 237.162 or 237.163 or
any ordinance enacted under those sections, or the city fees and costs related to appeals taken
pursuant to Subdivision 29 of this Section.
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
"Obstruction Permit" means the permit which, pursuant to this Section, must be obtained before
a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over
the specified portion of that right-of-way, for the duration specified therein, including a blanket
permit for a period of time and for types of work specified by the Director, if deemed appropriate
in his discretion.
"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as
provided in Subdivision 12.
"Patch or Patching" means a method of pavement replacement that is temporary in nature. A
patch consists of(1) the compaction of the subbase and aggregate base, and (2) the replacement,
in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation
in all directions. A patch is considered full restoration only when the pavement is included in the
city's five year project plan.
"Pavement"means any type of improved surface that is within the public right-of-way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
"Permit"has the meaning given"right-of-way permit" in Minnesota Statutes, section 237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the city under this Section.
"Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
"Probation" means the status of a person that has not complied with the conditions of this
Section.
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"Probationary Period" means one year from the date the permittee that a person has been notified
in writing that it has been placed on probation.
"Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162,
subdivision 3.
"Registrant" means any person who (1) has or seeks to have its equipment or facilities located
in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-
way or place its facilities or equipment in the right-of-way
"Restore or Restoration" means the process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition and life expectancy
that existed before excavation.
"Restoration Cost" means the amount of money paid to the city by a permittee to achieve the
level of restoration according to plates 1 to 13 of Minnesota Rule 7819.1100 Subpart 1, on file
with the Director .
"Right-of-Way Permit" means either the excavation permit or the obstruction permit, or both,
depending on the context, required by this Section.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service, and
who has a right under law, franchise, or ordinance to use the public right-of-way.
"Service or Utility Service" means and includes (1) services provided by a public utility as
defined in Minnesota Statutes 216B.02, subdivisions 4 and 6; (2) services of a
telecommunications right-of-way user, including transporting of voice or data information; (3)
services of a cable communications system as defined in Minnesota Statutes, chapter. 238.02,
subdivision 3; (4) natural gas or electric energy or telecommunications services provided by a
local government unit; (5) services provided by a cooperative electric association organized
under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating
services.
"Supplementary Application" means an application made to excavate or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already been issued.
"Temporary Surface" means the compaction of subbase and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature
except when the replacement is of pavement included in the city's two-year plan, in which case it
is considered full restoration.
"Trench" means an excavation in the right-of-waypa-vement, with the excavation having a length
equal to or greater than the width of the pavement or adjacent pavement.
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"Telecommunication right-of-way User" means a person owning or controlling a facility in the
right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or is
intended to be used for transporting telecommunication or other voice or data information. For
purposes of this Section, a cable communication system defined and regulated under Minn. Stat.
Chap. 238, and telecommunication activities related to providing natural gas or electric energy
services whether provided by a public utility as defined in Minnesota Statutes, section. 216B.02,
a municipality, a municipal gas or power agency organized under Minnesota Statutes, chapters.
453 and 453A, or a cooperative electric association organized under Minnesota Statutes, chapter
308A, are not telecommunications right-of-way users for purposes of this Section.
"Two Year project Plan" shows projects adopted by the city for construction within the next two
years.
Subd. 4. Administration.
The director is the principal city official responsible for the administration of the rights-of-way,
right-of-way permits, and the ordinances related thereto. The director may delegate any or all of
the duties hereunder.
Subd. 5. Utility Coordination Committee.
The city may create an advisory utility coordination committee. Participation on the committee
is voluntary. It will be composed of any registrants that wish to assist the city in obtaining
information and by making recommendations regarding use of the right-of-way, and to improve
the process of performing construction work therein. The city may determine the size of such
committee and shall appoint members from a list of registrants that have expressed a desire to
assist the city.
Subd. 6. Registration and Right-of-Way Occupancy.
A. Registration. Each person who occupies, uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
with the city. Registration will consist of providing application information and paying a
registration fee.
B. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-
way without first being registered with the city.
C. Exceptions. Nothing in this Section shall be construed to repeal or amend the
provisions of a city ordinance establishing the rights of and limitations placed on permitting
persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way
between their property and the street curb. Persons shall not be deemed to use or occupy the
right-of-way, and shall not be required to obtain any permits or satisfy any other requirements
under this Section for the following:
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(1) Planting or maintaining boulevard plantings or gardens;
(2) Other surface landscaping works;
(3) Construction and maintenance of driveways, sidewalks, curb and gutter, or
parking lots, except repairs or restoration necessitated by utility cuts or
other work;
(4) Construction or maintenance of street furnishings,bus stop benches,
shelters, or posts and pillars;
(5) Snow removal activities.
(6) Construction and maintenance of irrigation systems provided that the
system does not connect directly to water mains in the right-of-way.
Nothing herein relieves a person from complying with the provisions of the Minnesota Statutes,
chapter 216D, Gopher One Call Law.
Subd. 7. Registration Information.
A. Information Required. The information provided to the city at the time of
registration shall include,but not be limited to:
(1) Each registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(2) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or
designee shall be accessible for consultation at all times. Current
information regarding how to contact the local representative in an
emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the registrant
by an insurance company authorized to do business in the State of
Minnesota, or a form of self insurance acceptable to the city;
(b) Verifying that the registrant is insured against claims for personal
injury, including death, as well as claims for property damage
arising out of the (i) use and occupancy of the right-of-way by the
registrant, its officers, agents, employees and permittees, and (ii)
placement and use of facilities and equipment in the right-of-way
by the registrant, its officers, agents, employees and permittees,
including, but not limited to, protection against liability arising
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from completed operations, damage of underground facilities and
collapse of property;
(c) Either naming the city as an additional insured as to whom the
coverages required herein are in force and applicable and for
whom defense will be provided as to all such coverages or
otherwise providing evidence satisfactory to the director that the
City is fully covered and will be defended through registrant's
insurance for all actions included in Minnesota Rule part
7819.1250;
(d) Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage
term;
(e) Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage
established by the city in amounts sufficient to protect the city and
the public and to carry out the purposes and policies of this
Section.
(4) The city may require a copy of the actual insurance policies if necessary to
ensure the director that the policy provides adequate third party claim
coverage and city indemnity and defense coverage for all actions included
in the indemnity required by Minnesota Rule part 7819.1250.
(5) Such evidence as the director may require that the person is authorized to
do business in Minnesota.
B. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the city information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Subd. 8. Reporting Obligations.
A. Operations. Each registrant shall, at the time of registration and by December 1 of
each year, file a construction and major maintenance plan for underground facilities with the
city. Such plan shall be submitted using a format designated by the city and shall contain the
information determined by the city to be necessary to facilitate the coordination and reduction in
the frequency of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The locations and the estimated beginning and ending dates of all projects
to be commenced during the next calendar year (in this section, a "next-
year project"); and
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(2) To the extent known, the tentative locations and estimated beginning and
g g
ending dates for all projects contemplated for the five years following the
next calendar year(in this section, a"five-year project").
The term"project"in this section shall include both next-year projects and five-year projects.
By January 1 of each year the city will have available for inspection in the city's office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year projects,
and must notify the city and all other registrants of all such changes in said list. Notwithstanding
the foregoing, a registrant may at any time join in a Next-year project of another registrant listed
by the other registrant.
B. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny
an application for a right-of-way permit for failure to include a project in a plan submitted to the
city if the registrant has used commercially reasonable efforts to anticipate and plan for the
project.
Subd. 9. Permit Requirement.
A. Permit Required. Except as otherwise provided in this code, no person may obstruct
or excavate any right-of-way without first having obtained the appropriate right-of-way permit
from the city to do so.
(1) Excavation Permit. An excavation permit is required by a registrant to
excavate that part of the right-of-way described in such permit and to
hinder free and open passage over the specified portion of the right-of-way
by placing facilities described therein, to the extent and for the duration
specified therein.
(2) Obstruction Permit. An obstruction permit is required by a registrant to
hinder free and open passage over the specified portion of the right-of-way
by placing equipment described therein on the right-of-way, to the extent
and for the duration specified therein. An obstruction permit is not
required if a person already possesses a valid excavation permit for the
same project.
B. Permit Extensions. No person may excavate obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary application for
another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or
permit extension is granted.
C. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and
notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty
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for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The
delay penalty shall be established from time to time by city council resolution. A delay penalty
will not be imposed for delays due to force majeure, including inclement weather, loris
civil strife, acts of God, or other circumstances beyond the control of the applicant.
D. Permit Display. Permits issued under this Section shall be conspicuously displayed
or otherwise available at all times at the indicated work site and shall be available for inspection
by the city.
Subd. 10. Permit Applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain, and
will be considered complete only upon compliance with the requirements of the following
provisions:
(1) Registration with the city pursuant to this Section;
(2) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all known existing and proposed
facilities.
(3) Payment of money due the city for:
(a) permit fees, estimated restoration costs and other management
costs;
(b) prior obstructions or excavations;
(c) any undisputed loss, damage, or expense suffered by the city
because of applicant's prior excavations or obstructions of the
rights-of-way or any emergency actions taken by the city;
(4) Payment of disputed amounts due the city by posting security or
depositing in an escrow account an amount equal to at least 110% 100%
of the amount owing.
(5) Posting an additional or larger construction performance bond for
additional facilities when applicant requests an excavation permit to install
additional facilities and the city deems the existing construction
performance bond inadequate under applicable standards.
Subd. 11. Issuance of Permit; Conditions.
A. Permit Issuance. If the Applicant has satisfied the requirements of this Section, the
city shall issue a permit.
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B. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
Subd. 12. Permit Fees.
A. Fee Schedule and Fee Allocation. The city's permit fee schedule shall be available
to the public and established in advance where reasonably possible. The permit fees shall be
designed to recover the City's actual costs incurred in managing the right-of-way and shall be
based on an allocation among all users of the right-of-way, including the city.
B. Excavation Permit Fee. The city shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
(1) the city management costs;
(2) degradation costs, if applicable.
B. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall
be in an amount sufficient to recover the city management costs.
C. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow Applicant to pay
such fees within thirty (30) days of billing, or on some other payment plan agreed to by the
Director at his discretion.
D. Non Refundable. permit fees that were paid for a permit that the city has revoked for
a breach as stated in Subdivision 22 are not refundable.
E. Application to Franchises. Unless otherwise agreed to in a franchise, management
costs may be charged separately from and in addition to the franchise fees imposed on a right-of-
way user in the franchise.
Subd. 13. Right-of-Way Patching and Restoration.
A. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable
under Subdivision 16.
B. Patch and Restoration. Permittee must patch its own work. The city may choose
either to have the permittee restore the surface and subgrading portions of right-of-way or to
restore the surface portion of right-of-way itself.
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(1) City Restoration. If the city restores the surface portion of right-of-way,
permittee shall pay the costs thereof within thirty (30) days of billing. If,
following such Restoration, the pavement settles due to permittee's
improper backfilling, the permittee shall pay to the city, within thirty (30)
days of billing, all costs associated with correcting the defective work.
(2) Permittee Restoration. If the permittee restores the right-of-way itself, it
shall at the time of application for an Excavation permit post a
construction performance bond in accordance with the provisions of
Minnesota Rule 7819.3000.
(3) Degradation fee in Lieu of Restoration. In lieu of right-of-way
restoration, a right-of-way user may elect to pay a degradation fee.
However, the right-of-way user shall remain responsible for replacing and
compacting the subgrade and aggregate based material in the excavation
and the degradation fee shall not include the cost to accomplish these
responsibilities.
C. Standards. The permittee shall perform patching and restoration according to the
standards and with the materials specified by the city and shall comply with Minnesota Rule
7819.1100.
D. Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents. Upon notification from the city, permittee shall
correct all restoration work to the extent necessary, using the method required by the city.
Unless otherwise agreed to by the Director, sSaid work shall be completed within five (5)
calendar days of receipt of the notice from the city, not including days during which work cannot
be done because of circumstances constituting force majeure or days when work is prohibited as
unseasonal or unreasonable under Subdivision 16.
E. Failure to Restore. If the permittee fails to restore the right-of-way in the manner
and to the condition required by the city, or fails to satisfactorily and timely complete all
restoration required by the city, the city shall notify the permittee in writing of the specific
alleged failure or failures and shall allow the permittee ten (10) days from receipt of said written
notice to cure said failure or failures, unless otherwise extended by the Director. In the event the
permittee fails to cure, the city may at its option perform the necessary work and permittee shall
pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If
permittee fails to pay as required, the city may exercise its rights under the construction
performance bond.
Subd. 14. Joint Applications.
A. Joint application. registrants may jointly apply for permits to excavate or obstruct
the right-of-way at the same place and time.
B. Shared fees. registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in the payment of the obstruction or
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excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
C. With city projects. registrants who join in a scheduled obstruction or excavation
performed by the city, whether or not it is a joint application by two or more registrants or a
single application, are not required to pay the excavation or obstruction and degradation portions
of the permit fee, but a permit would still be required.
Subd. 15. Supplementary Applications.
A. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-
way specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
B. Limitation on Dates. A right-of-way permit is valid only for the dates specified in
the permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date, it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
Subd. 16. Other Obligations.
A. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the city or other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including Minn. Stat. 216D.01-.09 (Gopher
One Call Excavation Notice System). A permittee shall perform all work in conformance with all
applicable codes and established rules and regulations, and is responsible for all work done in the
right-of-way pursuant to its permit, regardless of who does the work.
B. Prohibited Work. Except in an emergency, and with the approval of the city, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
C. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that
the natural free and clear passage of water through the gutters or other waterways shall be
interfered with, unless otherwise approved by the Director. Private vehicles of those doing work
in the right-of-way may not be parked within or next to a permit area, unless parked in
conformance with city parking regulations. The loading or unloading of trucks must be done
solely within the defined permit area unless specifically authorized by the permit.
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D. Traffic Control. A permittee shall implement traffic control measures in the area of
the work and shall use traffic control procedures in accordance with the most recent manuals on
uniform traffic control, traffic control devices and traffic zone layouts published by the State of
Minnesota.
Subd. 17. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this Section or
if the city determines that the denial is necessary to protect the health, safety, and welfare or
when necessary to protect the right-of-way and its current use.
Subd. 18. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-
of-way shall be done in conformance with Minnesota Rule 7819.1100 and other applicable local
requirements, in so far as they are not inconsistent with the Minnesota Statutes sections 237.162
and 237.163.
Subd. 19. Inspection.
A. Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a Completion Certificate in accordance Minnesota Rule 7819.1300.
B. Site Inspection. permittee shall make the work-site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
C. Authority of Director.
(1) At the time of inspection the director may order the immediate cessation
of any work which poses a serious threat to the life, health, safety or well-
being of the public.
(2) The director may issue an order to the permittee for to correct any work
that does not conform to the terms of the permit or other applicable
standards, conditions, or code. If the work failure is a "substantial;
breach" within the meaning of Minn. Stat. § 237.163 subd. 4(c), tThe
order shall state that failure to correct the violation will be cause for
revocation of the permit after a specified period determined by the
Director. The permittee shall present proof to the Director that the
violation has been corrected within the time period set forth by the
Director in the order. Such proof shall be provided no later than the next
business day following the day of completion
after issuance of the order, the permittee shall present proof to the director
director in the order. If such proof has not been presented within the
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required time, the director may revoke the permit pursuant to Subdivision
22.
Subd. 20. Work Done Without a Permit.
A. Emergency Situations. Each registrant shall immediately notify the director of any
event regarding its facilities that the registrant considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emergency. Within two (2)
business days after the occurrence of the emergency the registrant shall apply for the necessary
permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to
bring itself into compliance with this Section for the actions it took in response to the
Emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt
to contact the local representative of each registrant affected, or potentially affected, by the
emergency. In any event, the city may take whatever action it deems necessary to respond to the
emergency, the cost of which shall be borne by the registrant whose facilities occasioned the
emergency.
B. Non-Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit, pay an unauthorized work permit fee in an amount established from time to time
by the City Council, deposit with the city the fees necessary to correct any damage to the right-
of-way and comply with all of the requirements of this Section.
Subd. 21. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate information as soon as this
information is known.
Subd. 22. Revocation of Permits.
A. Substantial Breach. The city reserves its right to revoke any right-of-way permit,
without a fee refund, if there is a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpetration or attempt to perpetrate any fraud or deceit
upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-
way permit;
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(4) The failure to complete the work in a timely manner; unless a permit
extension is obtained or unless the failure to complete work is due to
reasons beyond the permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to section 19B-19.
B. Written Notice of Breach. If the city determines that the permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit the city shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the city to place additional or revised
conditions on the permit to mitigate and remedy the breach.
C. Response to Notice of Breach. Within a time established by the Director following
permittee's receipt of notification of the breach, permittee shall provide the city with a plan to
cure the breach, acceptable to the city_ Permittee's failure to so contact the city, or permittee's
failure to timely submit an a timely and acceptable plan, or permittee's failure to timely
reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
Further, permittee's failure to so contact the city, or permittee's failure to submit an acceptable
plan, or permittee's failure to reasonably implement the approved plan, shall automatically place
the permittee on may result in probation for up to one(1)full year.
D. Cause for probation. From time to time, The city may establish a list of conditions
of the permit, which that if breached will automatically be grounds to place the permittee on
probation. The city shall not enforce a probation program unless and until it has established such
conditions, which it may amend from time to time.
F. Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including Restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Subd. 23. Mapping Data. Each registrant and permittee shall provide mapping information in a
form required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Subd. 24. Undergrounding.
A. Purpose. The purpose of this Subdivision 24 is to promote the health, safety and
general welfare of the public and is intended to foster (i) safe travel over the right-of-way, (ii)
non-travel related safety around homes and buildings where overhead feeds are connected and
(iii) orderly development in the city. Location and relocation, installation and reinstallation of
Facilities in the right-of-way must be made in accordance with this Subdivision. This
Subdivision is intended to be enforced consistently with state and federal law regulating right-of-
way users, specifically including but not limited to Minnesota Statutes, Sections 161.45,
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237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of
1996, Title 47,U.S.C. section 253.
B. Undergrounding of Facilities. Facilities newly installed, constructed or otherwise
placed in the public right-of-way or in other public property held in common for public use must
be located and maintained underground pursuant to the terms and conditions of this section and
in accordance with applicable construction standards, subject to the exceptions below. Above-
ground installation, construction, modification, or replacement of meters, gauges, transformers,
street lighting and service connection pedestals shall be allowed. The requirements of this
Subdivision shall apply equally outside of the corporate limits of the city coincident with city
jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the
future be allowed by law.
C. Exceptions to Undergrounding. The following exceptions to the strict application of
this Subdivision shall be allowed upon the conditions stated:
(1) Transmission Lines. Above-ground installation, construction, or
placement of those Facilities commonly referred to as "high voltage
transmission lines" upon which a conductor's normal operating voltage
equals or exceeds 23,000 volts (phase to phase) shall be allowed only by
prior approval of the council; provided, however, that sixty (60) days prior
to commencement of construction of such a project, the City shall be
furnished notice of the proposed project and, upon request, the right-of-
way user involved shall furnish all relevant information regarding such
project to the city. This provision shall not be construed as waiving the
requirements of any other ordinance or regulation of the city as the same
may apply to any such proposed project.
(2) Technical and Economic Feasibility. Above-ground installation,
construction, or placement of Facilities shall be allowed in residential,
commercial and industrial areas where the council, following
consideration and recommendation by the planning commission, finds
that:
(a) Underground placement would place an undue financial burden
upon the landowner, ratepayers, or right-of-way user or would
deprive the landowner of the preservation and enjoyment of
substantial property rights; or,
(b) Underground placement is impractical or not technically feasible
due to topographical, subsoil or other existing conditions which
adversely affect underground Facilities placement.
(3) Temporary Service. Above-ground installation, construction, or
placement of temporary service lines shall only be allowed:
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(a) During new construction of any project for a period not to exceed
twenty-four(24)months;
(b) During an emergency in order to safeguard lives or property within
the city;
(c) For a period of not more than seven (7) months when soil
conditions make excavation impractical.
D. Undergrounding of Permanent Replacement, Relocated or Reconstructed
Facilities. If the City finds that one or more of the purposes set forth in Subd. 24.A. would be
promoted, the city may require a permanent replacement, relocation or reconstruction of a
Facility of more than 300 feet to be located, and maintained underground, with due regard for
seasonal working conditions. For purposes of this section, reconstruction means any substantial
repair of or any improvement to existing Facilities. Undergrounding may be required whether a
replacement, relocation or reconstruction is initiated by the right-of-way user owning or
operating the Facilities, or by the city in connection with (1) the present or future use by the city
or other local government unit of the right-of-way or other public ground for a public project, (2)
the public health or safety, or(3) the safety and convenience of travel over the right-of-way.
E. Retirement of Overhead Facilities. The city council may determine whether it is in
the public interest that all Facilities within the city, or Facilities within certain districts
designated by the city, be permanently placed and maintained underground by a date certain or
target date, independently of undergrounding required pursuant to Section 4.35 of this Code
(new Facilities) and subdivision 24.C. (replacement Facilities). The decision to underground
must be preceded by a public hearing, after published notice and written notice to the utilities
affected. (Two weeks published: 30 days written.) At the hearing the council must consider
items (1) — (4) in subdivision 24.F. of this Section and make findings. Undergrounding may not
take place until city council has, after hearing and notice, adopted a plan containing items (1) —
(6) of subdivision 24.G. of this Section.
F. Public Hearings. A hearing must be open to the public and may be continued from
time to time. At each hearing any person interested must be given an opportunity to be heard.
The subject of the public hearings shall be the issue of whether Facilities in the right-of-way in
the city, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required under Subdivision 24.C. of this
Section.
G. Public Hearing Issues. The issues to be addressed at the public hearings include but
are not limited to:
(1) The costs and benefits to the public of requiring the undergrounding of all
Facilities in the right-of-way.
(2) The feasibility and cost of undergrounding all Facilities by a date certain
as determined by the city and the affected utilities.
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(3) The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the utilities
from ratepayers within the city.
(4) Alternative financing options available if the city deems it in the public
interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost otherwise borne by the ratepayers.
Upon completion of the hearing or hearings, the city council must make written findings on
whether it is in the public interest to establish a plan under which all Facilities will be
underground, either citywide or within districts designated by the city.
H. Undergrounding Plan. If the council finds that it is in the public interest to
underground all or substantially all Facilities in the public right of way or in non-right-of-way
public ground, the council must establish a plan for such undergrounding. The plan for
undergrounding must include at least the following elements:
(1) Timetable for the undergrounding.
(2) Designation of districts for the undergrounding unless the undergrounding
plan is citywide.
(3) Exceptions to the undergrounding requirement and procedure for
establishing such exceptions.
(4) Procedures for the undergrounding process, including but not limited to
coordination with city projects and provisions to ensure compliance with
non-discrimination requirements under the law.
(5) A financing plan for funding of the incremental costs if the city determines
that it will finance some of the undergrounding costs, and a determination
and verification of the claimed additional costs to underground incurred by
the utility.
(6) Penalties or other remedies for failure to comply with the undergrounding
I. Facilities Location.
(1) In addition to complying with the requirements of Minn. Stat. §§ 216D.01- .09
(One Call Excavation Notice System"), before the start date of any right-of-way
excavation, each registrant who has Facilities located in the area to be excavated
shall mark the horizontal placement of all said Facilities. To the extent its records
contain such information, each registrant shall provide information regarding the
approximate vertical location of its Facilities to excavators upon request. Nothing
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in this subsection is meant to limit the rights, duties, and obligations of facility
owners or excavators as set forth in Minn. Stat. §§ 216D.01-09. Any right-of-way
user whose Facility is less than twenty (20) inches below a concrete or asphalt
surface shall notify and work closely with the excavation contractor in an effort to
establish and mark the exact horizontal and vertical location of its Facility and the
best procedure for excavation.
(2) All Facilities shall be placed in appropriate portions of right-of-way so as to cause
minimum conflict with other underground Facilities. When technically appropriate,
feasible, all utilities shall be installed, constructed or placed within the same trench.
J. Developer Responsibility. All owners, platters, or developers are responsible for
complying with the requirements of this Subdivision, and prior to final approval of any plat or
development plan, shall submit to the Director written instruments from
the appropriate right-of-way users showing that all necessary arrangements with said users for
installation of such Facilities have been made.
Subd. 25. Relocation of Facilities.
A right-of-way user shall promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary
to prevent interference, and not merely for the convenience of the city, in connection with: (1) a
present or future city use of the right-of-way for a public project; (2) the public health or safety;
or(3) the safety and convenience of travel over the right-of-way.
Subd. 26. Damage-to Interference By Other facilities.
When the city does work in the right-of-way in its governmental right-of-way management
function and finds it necessary to maintain, support, or move a registrant's facilities to carry out
the work without damaging registrant's facilities protect it, the city shall notify the local
representative as early as is reasonably possible. The city costs associated therewith will be
billed to that registrant and must be paid within thirty (3O) days from the dale of billing. Each
registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it
or its facilities damages.
Subd. 27. Right-of-Way Vacation.
Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant,
the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
Subd. 28. Indemnification and Liability
By registering with the city, or by accepting a permit under this Section, a registrant or permittee
agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule
7819.1250.
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Subd. 29. Abandoned and Unusable Facilities.
A. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that the
registrant's obligations for its facilities in the right-of-way under this Section have been lawfully
assumed by another registrant.
B. Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the city.
Subd. 30. Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has
had permit revoked; or (4) believes that the fees imposed are not in conformity with Minn. Stat.
§ 237.163, Subd. 6 may have the denial, revocation, or fee imposition reviewed, upon written
request, by the city council. The city council shall act on a timely written request at its next
regularly scheduled meeting. A decision by the city Council affirming the denial, revocation, or
fee imposition will be in writing and supported by written findings establishing the
reasonableness of the decision.
Subd. 31. Reservation of Regulatory and Police Powers.
A permittee's or registrant's rights are subject to the regulatory and police powers of the city to
adopt and enforce general ordinances necessary to protect the health, safety and welfare of the
public.
Subd. 32. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Section is for any reason
held invalid or unconstitutional by any court or administrative agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of
competent jurisdiction should determine by a final, non-appealable order that any permit, right or
registration issued under this Section or any portions of this Section is illegal or unenforceable,
then any such permit, right or registration granted or deemed to exist hereunder shall be
considered as a revocable permit with a mutual right in either party to terminate without cause
upon giving sixty (60) days written notice to the other. The requirements and conditions of such
a revocable permit shall be the same requirements and conditions as set forth in the permit, right
or registration, respectively, except for conditions relating to the term of the permit and the right
of termination. Nothing in this Section precludes the city from requiring a franchise agreement
with the applicant, as allowed by law, in addition to requirements set forth herein.
Sec. 2, The Shakopee City Code, Section 4.35, is hereby repealed.
Sec. 3. This ordinance is effective from and after its passage and publication.
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Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2000.
Mayor of the City of Shakopee
Attest:
City Clerk
JMS-183050v2 22
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AUG-01-2000 08:38 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.02
) 5,4, 1
SHAKOPEE PUBLIC UTILITIES COMMISSION
MEJORAN„jDUM
TO: Bruce Loney, Public Works Director
FROM: Joseph D. Adams, Administrative Assistant
RE: PROPOSED RIGHT OF WAY ORDINANCE
DATE: 7/31/00
We have received and reviewed the`redlined"version of the ordinance. I will plan to
attend the 8/1 Council meeting if you feel it is necessary or desired.
The revised ordinance's undergrounding section has a number of improvements that
provide a more flexible arrangement to deal with the associated cost issues. Your efforts
in this area are appreciated.
An ongoing concern has to do with the effects of having shallower utilities,e.g.
communications,natural gas and electric,installed above deeper utilities, e.g. water and
sewer. Since the city manages the use of the right of way by a permit process,what
steps/restrictions are envisioned to ensure deeper utilities are maintainable and
replaceable?
Some recent installations of private utilities have been nearly on top of pre-existing water
mains,making the future maintenance or replacement of those pipes more costly. It is
suggested that you develop some criteria to use in your permit review and approval
process that will ensure deeper utilities are not encroached upon by shallower ones.
Perhaps this is an issue for the proposed utility coordination committee.
Please let me know if you feel my attendance at the Council meeting is warranted.
Thanks.
TOTAL P.02
/ 5'. #
vN TW K�E, e.
ORDINANCE NO. 570, FOURTH SERIES,
AN ORDINANCE RELATING TO THE ADMINISTRATION
AND REGULATION OF PUBLIC RIGHTS-OF-WAY IN THE
PUBLIC INTEREST, AND TO PROVIDE FOR THE
ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS;
ADDING SECTION 7.17 TO THE SHAKOPEE CITY CODE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE MINNESOTA ORDAINS:
Section 1. The Shakopee City Code is amended to add a new Section 7.17 to read as
follows:
Sec. 7.17. RIGHT-OF-WAY MANAGEMENT
Subd.1. Findings,Purpose,and Intent.
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a
state of good repair and free from unnecessary encumbrances.
Accordingly, the city enacts this new Section of this code relating to right-of-way permits and
administration. This Section imposes reasonable regulation on the placement and maintenance
of facilities and equipment currently within the City's rights-of-way or to be placed therein at
some future time. It is intended to complement the regulatory roles of state and federal agencies.
Under this Section, persons excavating and obstructing the rights-of-way will bear financial
responsibility for their work through the recovery of out-of-pocket and projected costs from
P public using the rights-of-way.
This Section shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 231.16. and 138.086
(the "Act") and the other laws governing applicable rights of the city and users of the right-of-
way. This Section shall also be interpreted consistent with Minnesota Rules 7819.0050 —
7819.9950 where possible. To the extent that any provision of this Section cannot be interpreted
consistently with the Minnesota Rules, the interpretation most consistent with the Act and other
applicable statutory and case law is intended.
Subd. 2. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city elects pursuant Minnesota Statutes, section 237.163 subdivision 2(b), to
manage rights-of-way within its jurisdiction.
Subd. 3. Definitions. The following definitions apply in this Section of this code. References
to "subdivisions" are unless otherwise specified references to subdivisions in this Section.
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' . 1
"Abandoned Facility" means a facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries service. A
facility is not abandoned unless declared so by the right-of-way user.
"Applicant means any person requesting permission to excavate or obstruct a right-of-way.
"City" means the city of Shakopee, Minnesota. For purposes of Subdivision 27, city means its
elected officials, officers, employees and agents.
"Commission"means the Minnesota Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface of the public right-of-
way that occurs when the maximum lateral spacing between existing underground facilities does
not allow for construction of new underground facilities without using hand digging to expose
the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04.
subdivision 3, over a continuous length in excess of 500 feet.
"Construction Performance Bond" means any of the following forms of security provided at
permittee's option:
1. Individual project bond;
2. Cash deposit;
3. Security of a form listed or approved under Minnesota Statutes, section. 15.73,
subdivision;
4. Letter of Credit, in a form acceptable to the city;
5. Self-insurance, in a form acceptable to the city;
6. A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form acceptable to the city.
"Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than
would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of
restoration as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the city to
recover costs associated with the decrease in the useful life of the right-of-way caused by the
excavation, and which equals the degradation cost.
"Depai fluent"means the department of public works of the city.
"Department Inspector" means any person authorized by the city to carry out inspections related
to the provisions of this Section.
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"Director" means the director of the department of public works of the city, or her or his
designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss
of property; or (2) requires immediate repair or replacement of facilities in order to restore
service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-
of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of
a right-of-way.
"Excavation permit"means the permit which, pursuant to this Section, must be obtained before a
person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that
part of the right-of-way described in such permit.
"Excavation Subdivision permit fee" means money paid to the city by an applicant to cover the
costs as provided in Subdivision 12.
"Facility or Facilities" means tangible asset in the public right-of-way required to provide utility
service. The term does not include Facilities to the extent the location and relocation of such
Facilities are preempted by Minnesota Statutes, section 161.45, governing utility facility
placement in state trunk highways.
"Five-year project plan" shows projects adopted by the city for construction within the next five
years.
"High Density Corridor" means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required
to build and install facilities in a common conduit system or other common structure.
"Hole" means an excavation in the right-of-way, with the excavation having a length less than
the width of the pavement or adjacent pavement.
"Local Representative" means a local person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for that registrant regarding all
matters within the scope of this Section.
"Management Costs" means the actual costs the city incurs in managing its rights-of-Way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and restoration
projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work;
JMS-183755v1 3
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determining the adequacy of right-of-way restoration; restoring work inadequately performed
after providing notice and the opportunity to correct the work; and revoking right-of-way
permits. Management costs do not include payment by a telecommunications right-of-way User
for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of
Minnesota Session Laws 1997, chapter 123; Minnesota Statutes, sections 237.162 or 237.163 or
any ordinance enacted under those sections, or the city fees and costs related to appeals taken
pursuant to Subdivision 29 of this Section.
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
"Obstruction Permit" means the permit which, pursuant to this Section, must be obtained before
a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over
the specified portion of that right-of-way, for the duration specified therein, including a blanket
permit for a period of time and for types of work specified by the Director, if deemed appropriate
in his discretion.
"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as
provided in Subdivision 12.
"Patch or Patching" means a method of pavement replacement that is temporary in nature. A
patch consists of(1) the compaction of the subbase and aggregate base, and (2) the replacement,
in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation
in all directions. A patch is considered full restoration only when the pavement is included in the
city's five year project plan.
"Pavement" means any type of improved surface that is within the public right-of-way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
"Permit"has the meaning given "right-of-way permit" in Min esota Statutes, section 237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the city under this Section.
"Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
"Probation" means the status of a person that has not complied with the conditions of this
Section.
"Probationary Period" means one year from the date the permittee has been notified in writing
that it has been placed on probation.
"Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162,
subdivision 3.
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. II
"Registrant" means any person who (1) has or seeks to have its equipment or facilities located
in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-
way or place its facilities or equipment in the right-of-way
"Restore or Restoration" means the process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition and life expectancy
that existed before excavation.
"Restoration Cost" means the amount of money paid to the city by a permittee to achieve the
level of restoration according to plates 1 to 13 of Minnesota Rule 7819.1100 Subpart 1, on file
with the Director .
"Right-of-Way Permit" means either the excavation permit or the obstruction permit, or both,
depending on the context, required by this Section.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service, and
who has a right under law, franchise, or ordinance to use the public right-of-way.
"Service or Utility Service" means and includes (1) services provided by a public utility as
defined in Minnesota Statutes 216B.02, subdivisions 4 and 6; (2) services of a
telecommunications right-of-way user, including transporting of voice or data information; (3)
services of a cable communications system as defined in Minnesota Statutes, chapter. 238.02,
subdivision 3; (4) natural gas or electric energy or telecommunications services provided by a
local government unit; (5) services provided by a cooperative electric association organized
under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating
services.
"Supplementary Application" means an application made to excavate or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already been issued.
"Temporary Surface" means the compaction of subbase and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature
except when the replacement is of pavement included in the city's two-year plan, in which case it
is considered full restoration.
"Trench" means an excavation in the right-of-way, with the excavation having a length equal to
or greater than the width of the pavement or adjacent pavement.
"Telecommunication right-of-way User" means a person owning or controlling a facility in the
right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or is
intended to be used for transporting telecommunication or other voice or data information. For
purposes of this Section, a cable communication system defined and regulated under Minn. Stat.
Chap. 238, and telecommunication activities related to providing natural gas or electric energy
JMS-183755v1 5
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services whether provided by a public utility as defined in Minnesota Statutes, section. 216B.02,
a municipality, a municipal gas or power agency organized under Minnesota Statutes, chapters.
453 and 453A, or a cooperative electric association organized under Minnesota Statutes, chapter
308A, are not telecommunications right-of-way users for purposes of this Section.
"Two Year project Plan" shows projects adopted by the city for construction within the next two
years.
Subd. 4. Administration.
The director is the principal city official responsible for the administration of the rights-of-way,
right-of-way permits, and the ordinances related thereto. The director may delegate any or all of
the duties hereunder.
Subd. 5. Utility Coordination Committee.
The city may create an advisory utility coordination committee. Participation on the committee
is voluntary. It will be composed of any registrants that wish to assist the city in obtaining
information and by making recommendations regarding use of the right-of-way, and to improve
the process of performing construction work therein. The city may determine the size of such
committee and shall appoint members from a list of registrants that have expressed a desire to
assist the city.
Subd. 6. Registration and Right-of-Way Occupancy.
A. Registration. Each person who occupies, uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
with the city. Registration will consist of providing application information and paying a
registration fee.
B. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-
way without first being registered with the city.
C. Exceptions. Nothing in this Section shall be construed to repeal or amend the
provisions of a city ordinance establishing the rights of and limitations placed on persons to plant
or maintain boulevard plantings or gardens in the area of the right-of-way between their property
and the street curb. Persons shall not be deemed to use or occupy the right-of-way, and shall not
be required to obtain any permits or satisfy any other requirements under this Section for the
following:
(1) Planting or maintaining boulevard plantings or gardens;
(2) Other surface landscaping works;
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(3) Construction and maintenance of driveways, sidewalks, curb and gutter, or
parking lots, except repairs or restoration necessitated by utility cuts or
other work;
(4) Construction or maintenance of street furnishings,bus stop benches,
shelters, or posts and pillars;
(5) Snow removal activities.
(6) Construction and maintenance of irrigation systems provided that the
system does not connect directly to water mains in the right-of-way.
Nothing herein relieves a person from complying with the provisions of the Minnesota Statutes,
chapter 216D, Gopher One Call Law.
Subd. 7. Registration Information.
A. Information Required. The information provided to the city at the time of
registration shall include, but not be limited to:
(1) Each registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(2) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or
designee shall be accessible for consultation at all times. Current
information regarding how to contact the local representative in an
emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the registrant
by an insurance company authorized to do business in the State of
Minnesota, or a form of self insurance acceptable to the city;
(b) Verifying that the registrant is insured against claims for personal
injury, including death, as well as claims for property damage
arising out of the (i) use and occupancy of the right-of-way by the
registrant, its officers, agents, employees and permittees, and (ii)
placement and use of facilities and equipment in the right-of-way
by the registrant, its officers, agents, employees and permittees,
including, but not limited to, protection against liability arising
from completed operations, damage of underground facilities and
collapse of property;
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(c) Either naming the city as an additional insured as to whom the
coverages required herein are in force and applicable and for
whom defense will be provided as to all such coverages or
otherwise providing evidence satisfactory to the director that the
City is fully covered and will be defended through registrant's
insurance for all actions included in Minnesota Rule part
7819.1250;
(d) Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage
term;
(e) Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage
established by the city in amounts sufficient to protect the city and
the public and to carry out the purposes and policies of this
Section.
(4) The city may require a copy of the actual insurance policies if necessary to
ensure the director that the policy provides adequate third party claim
coverage and city indemnity and defense coverage for all actions included
in the indemnity required by Minnesota Rule part 7819.1250.
(5) Such evidence as the director may require that the person is authorized to
do business in Minnesota.
B. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the city information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Subd. 8. Reporting Obligations.
A. Operations. Each registrant shall, at the time of registration and by December 1 of
each year, file a construction and major maintenance plan for underground facilities with the
city. Such plan shall be submitted using a format designated by the city and shall contain the
information determined by the city to be necessary to facilitate the coordination and reduction in
the frequency of excavations and obstructions of rights-of-way.
The plan shall include,but not be limited to, the following information:
(1) The locations and the estimated beginning and ending dates of all projects
to be commenced during the next calendar year (in this section, a "next-
year project"); and
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(2) To the extent known, the tentative locations and estimated beginning and
ending dates for all projects contemplated for the five years following the
next calendar year(in this section, a"five-year project").
The term"project" in this section shall include both next-year projects and five-year projects.
By January 1 of each year the city will have available for inspection in the city's office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year projects,
and must notify the city and all other registrants of all such changes in said list. Notwithstanding
the foregoing, a registrant may at any time join in a Next-year project of another registrant listed
by the other registrant.
B. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny
an application for a right-of-way permit for failure to include a project in a plan submitted to the
city if the registrant has used commercially reasonable efforts to anticipate and plan for the
project.
Subd. 9. Permit Requirement.
A. Permit Required. Except as otherwise provided in this code, no person may obstruct
or excavate any right-of-way without first having obtained the appropriate right-of-way permit
from the city to do so.
(1) Excavation Permit. An excavation permit is required by a registrant to
excavate that part of the right-of-way described in such permit and to
hinder free and open passage over the specified portion of the right-of-way
by placing facilities described therein, to the extent and for the duration
specified therein.
(2) Obstruction Permit. An obstruction permit is required by a registrant to
hinder free and open passage over the specified portion of the right-of-way
by placing equipment described therein on the right-of-way, to the extent
and for the duration specified therein. An obstruction permit is not
required if a person already possesses a valid excavation permit for the
same project.
B. Permit Extensions. No person may excavate obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary application for
another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or
permit extension is granted.
C. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and
notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty
for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The
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delay penalty shall be established from time to time by city council resolution. A delay penalty
will not be imposed for delays due to force majeure, including inclement weather, civil strife,
acts of God, or other circumstances beyond the control of the applicant.
D. Permit Display. Permits issued under this Section shall be conspicuously displayed
or otherwise available at all times at the indicated work site and shall be available for inspection
by the city.
Subd. 10. Permit Applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain, and
will be considered complete only upon compliance with the requirements of the following
provisions:
(1) Registration with the city pursuant to this Section;
(2) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all known existing and proposed
facilities.
(3) Payment of money due the city for:
(a) permit fees, estimated restoration costs and other management
costs;
(b) prior obstructions or excavations;
(c) any undisputed loss, damage, or expense suffered by the city
because of applicant's prior excavations or obstructions of the
rights-of-way or any emergency actions taken by the city;
(4) Payment of disputed amounts due the city by posting security or
depositing in an escrow account an amount equal to at least 100% of the
amount owing.
(5) Posting an additional or larger construction performance bond for
additional facilities when applicant requests an excavation permit to install
additional facilities and the city deems the existing construction
performance bond inadequate under applicable standards.
Subd. 11. Issuance of Permit; Conditions.
A. Permit Issuance. If the Applicant has satisfied the requirements of this Section, the
city shall issue a permit.
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B. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
Subd. 12. Permit Fees.
A. Fee Schedule and Fee Allocation. The city's permit fee schedule shall be available
to the public and established in advance where reasonably possible. The permit fees shall be
designed to recover the City's actual costs incurred in managing the right-of-way and shall be
based on an allocation among all users of the right-of-way, including the city.
B. Excavation Permit Fee. The city shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
(1) the city management costs;
(2) degradation costs, if applicable.
B. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall
be in an amount sufficient to recover the city management costs.
C. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow Applicant to pay
such fees within thirty (30) days of billing, or on some other payment plan agreed to by the
Director at his discretion.
D. Non Refundable. permit fees that were paid for a permit that the city has revoked for
a breach as stated in Subdivision 22 are not refundable.
E. Application to Franchises. Unless othem ise agreed to in a franchise, management
costs may be charged separately from and in addition to the franchise fees imposed on a right-of-
way user in the franchise.
Subd. 13. Right-of-Way Patching and Restoration.
A. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable
under Subdivision 16.
B. Patch and Restoration. Permittee must patch its own work. The city may choose
either to have the permittee restore the surface and subgrading portions of right-of-way or to
restore the surface portion of right-of-way itself.
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(1) City Restoration. If the city restores the surface portion of right-of-way,
permittee shall pay the costs thereof within thirty (30) days of billing. If,
following such Restoration, the pavement settles due to permittee's
improper backfilling, the permittee shall pay to the city, within thirty (30)
days of billing, all costs associated with correcting the defective work.
(2) Permittee Restoration. If the permittee restores the right-of-way itself, it
shall at the time of application for an Excavation permit post a
construction performance bond in accordance with the provisions of
Minnesota Rule 7819.3000.
(3) Degradation fee in Lieu of Restoration. In lieu of right-of-way
restoration, a right-of-way user may elect to pay a degradation fee.
However, the right-of-way user shall remain responsible for replacing and
compacting the subgrade and aggregate based material in the excavation
and the degradation fee shall not include the cost to accomplish these
responsibilities.
C. Standards. The permittee shall perform patching and restoration according to the
standards and with the materials specified by the city and shall comply with Minnesota Rule
7819.1100.
D. Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents. Upon notification from the city, permittee shall
correct all restoration work to the extent necessary, using the method required by the city.
Unless otherwise agreed to by the Director, said work shall be completed within five (5) calendar
days of receipt of the notice from the city, not including days during which work cannot be done
because of circumstances constituting force majeure or days when work is prohibited as
unseasonal or unreasonable under Subdivision 16.
E. Failure to Restore. If the permittee fails to restore the right-of-way in the manner
and to the condition required by the city, or fails to satisfactorily and timely complete all
restoration required by the city, the city shall notify the permittee in writing of the specific
alleged failure or failures and shall allow the permittee ten (10) days from receipt of said written
notice to cure said failure or failures, unless otherwise extended by the Director. In the event the
permittee fails to cure, the city may at its option perform the necessary work and permittee shall
pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If
permittee fails to pay as required, the city may exercise its rights under the construction
performance bond.
Subd. 14. Joint Applications.
A. Joint application. registrants may jointly apply for permits to excavate or obstruct
the right-of-way at the same place and time.
B. Shared fees. registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in the payment of the obstruction or
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excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
C. With city projects. registrants who join in a scheduled obstruction or excavation
performed by the city, whether or not it is a joint application by two or more registrants or a
single application, are not required to pay the excavation or obstruction and degradation portions
of the permit fee, but a permit would still be required.
Subd. 15. Supplementary Applications.
A. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-
way specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
B. Limitation on Dates. A right-of-way permit is valid only for the dates specified in
the permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date, it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
Subd. 16. Other Obligations.
A. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the city or other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including Minn. Stat. 216D.01-.09 (Gopher
One Call Excavation Notice System). A permittee shall perform all work in conformance with all
applicable codes and established rules and regulations, and is responsible for all work done in the
right-of-way pursuant to its permit, regardless of who does the work.
B. Prohibited Work. Except in an emergency, and with the approval of the city, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
C. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that
the natural free and clear passage of water through the gutters or other waterways shall be
interfered with, unless otherwise approved by the Director. Private vehicles of those doing work
in the right-of-way may not be parked within or next to a permit area, unless parked in
conformance with city parking regulations. The loading or unloading of trucks must be done
solely within the defined permit area unless specifically authorized by the permit.
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D. Traffic Control. A permittee shall implement traffic control measures in the area of
the work and shall use traffic control procedures in accordance with the most recent manuals on
uniform traffic control, traffic control devices and traffic zone layouts published by the State of
Minnesota.
Subd. 17. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this Section or
if the city determines that the denial is necessary to protect the health, safety, and welfare or
when necessary to protect the right-of-way and its current use.
Subd. 18. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-
of-way shall be done in conformance with Minnesota Rule 7819.1100 and other applicable local
requirements, in so far as they are not inconsistent with the Minnesota Statutes sections 237.162
and 237.163.
Subd. 19. Inspection.
A. Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a Completion Certificate in accordance Minnesota Rule 7819.1300.
B. Site Inspection. permittee shall make the work-site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
C. Authority of Director.
(1) At the time of inspection the director may order the immediate cessation
of any work which poses a serious threat to the life, health, safety or well-
being of the public.
(2) The director may issue an order to the permittee to correct any work that
does not conform to the terms of the permit or other applicable standards,
conditions, or code. If the work failure is a "substantial; breach" within
the meaning of Minn. Stat. § 237.163 subd. 4(c), the order shall state that
failure to correct the violation will be cause for revocation of the permit
after a specified period determined by the Director. The permittee shall
present proof to the Director that the violation has been corrected within
the time period set forth by the Director in the order. Such proof shall be
provided no later than the next business day following the day of
completion. If such proof has not been presented within the required time,
the director may revoke the permit pursuant to Subdivision 22.
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Subd. 20. Work Done Without a Permit.
A. Emergency Situations. Each registrant shall immediately notify the director of any
event regarding its facilities that the registrant considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emergency. Within two (2)
business days after the occurrence of the emergency the registrant shall apply for the necessary
permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to
bring itself into compliance with this Section for the actions it took in response to the
Emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt
to contact the local representative of each registrant affected, or potentially affected, by the
emergency. In any event, the city may take whatever action it deems necessary to respond to the
emergency, the cost of which shall be borne by the registrant whose facilities occasioned the
emergency.
B. Non-Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit, pay an unauthorized work permit fee in an amount established from time to time
by the City Council, deposit with the city the fees necessary to correct any damage to the right-
of-way and comply with all of the requirements of this Section.
Subd. 21. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate information as soon as this
information is known.
Subd. 22. Revocation of Permits.
A. Substantial Breach. The city reserves its right to revoke any right-of-way permit,
without a fee refund, if there is a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpetration or attempt to perpetrate any fraud or deceit
upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-
way permit;
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(4) The failure to complete the work in a timely manner; unless a permit
extension is obtained or unless the failure to complete work is due to
reasons beyond the permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to section 19B-19.
B. Written Notice of Breach. If the city determines that the permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit the city shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the city to place additional or revised
conditions on the permit to mitigate and remedy the breach.
C. Response to Notice of Breach. Within a time established by the Director following
permittee's receipt of notification of the breach, permittee shall provide the city with a plan to
cure the breach, acceptable to the city. Permittee's failure to submit a timely and acceptable plan,
or permittee's failure to timely implement the approved plan, shall be cause for immediate
revocation of the permit. Further, permittee's failure to contact the city, or permittee's failure to
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
may result in probation for up to one (1) full year.
D. Cause for probation. The city may establish a list of conditions of the permit, that if
breached will be grounds to place the permittee on probation. The city shall not enforce a
probation program unless and until it has established such conditions, which it may amend from
time to time.
F. Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including Restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Subd. 23. Mapping Data. Each registrant and permittee shall provide mapping information in a
form required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Subd. 24. Undergrounding.
A. Purpose. The purpose of this Subdivision 24 is to promote the health, safety and
general welfare of the public and is intended to foster (i) safe travel over the right-of-way, (ii)
non-travel related safety around homes and buildings where overhead feeds are connected and
(iii) orderly development in the city. Location and relocation, installation and reinstallation of
Facilities in the right-of-way must be made in accordance with this Subdivision. This
Subdivision is intended to be enforced consistently with state and federal law regulating right-of-
way users, specifically including but not limited to Minnesota Statutes, Sections 161.45,
237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of
1996, Title 47, U.S.C. section 253.
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B. Undergrounding of Facilities. Facilities newly installed, constructed or otherwise
placed in the public right-of-way or in other public property held in common for public use must
be located and maintained underground pursuant to the terms and conditions of this section and
in accordance with applicable construction standards, subject to the exceptions below. Above-
ground installation, construction, modification, or replacement of meters, gauges, transformers,
street lighting and service connection pedestals shall be allowed. The requirements of this
Subdivision shall apply equally outside of the corporate limits of the city coincident with city
jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the
future be allowed by law.
C. Exceptions to Undergrounding. The following exceptions to the strict application of
this Subdivision shall be allowed upon the conditions stated:
(1) Transmission Lines. Above-ground installation, construction, or
placement of those Facilities commonly referred to as "high voltage
transmission lines" upon which a conductor's normal operating voltage
equals or exceeds 23,000 volts (phase to phase) shall be allowed only by
prior approval of the council; provided, however, that sixty (60) days prior
to commencement of construction of such a project, the City shall be
furnished notice of the proposed project and, upon request, the right-of-
way user involved shall furnish all relevant information regarding such
project to the city. This provision shall not be construed as waiving the
requirements of any other ordinance or regulation of the city as the same
may apply to any such proposed project.
(2) Technical and Economic Feasibility. Above-ground installation,
construction, or placement of Facilities shall be allowed in residential,
commercial and industrial areas where the council, following
consideration and recommendation by the planning commission, finds
that:
(a) Underground placement would place an undue financial burden
upon the landowner, ratepayers, or right-of-way user or would
deprive the landowner of the preservation and enjoyment of
substantial property rights; or,
(b) Underground placement is impractical or not technically feasible
due to topographical, subsoil or other existing conditions which
adversely affect underground Facilities placement.
(3) Temporary Service. Above-ground installation, construction, or
placement of temporary service lines shall only be allowed:
(a) During new construction of any project for a period not to exceed
twenty-four(24) months;
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(b) During an emergency in order to safeguard lives or property within
the city;
(c) For a period of not more than seven (7) months when soil
conditions make excavation impractical.
D. Undergrounding of Permanent Replacement, Relocated or Reconstructed
Facilities. If the City finds that one or more of the purposes set forth in Subd. 24.A. would be
promoted, the city may require a permanent replacement, relocation or reconstruction of a
Facility of more than 300 feet to be located, and maintained underground, with due regard for
seasonal working conditions. For purposes of this section, reconstruction means any substantial
repair of or any improvement to existing Facilities. Undergrounding may be required whether a
replacement, relocation or reconstruction is initiated by the right-of-way user owning or
operating the Facilities, or by the city in connection with (1) the present or future use by the city
or other local government unit of the right-of-way or other public ground for a public project, (2)
the public health or safety, or(3) the safety and convenience of travel over the right-of-way.
E. Retirement of Overhead Facilities. The city council may determine whether it is in
the public interest that all Facilities within the city, or Facilities within certain districts
designated by the city, be permanently placed and maintained underground by a date certain or
target date, independently of undergrounding required pursuant to Section 4.35 of this Code
(new Facilities) and subdivision 24.C. (replacement Facilities). The decision to underground
must be preceded by a public hearing, after published notice and written notice to the utilities
affected. (Two weeks published: 30 days written.) At the hearing the council must consider
items (1) — (4) in subdivision 24.F. of this Section and make findings. Undergrounding may not
take place until city council has, after hearing and notice, adopted a plan containing items (1) —
(6) of subdivision 24.G. of this Section.
F. Public Hearings. A hearing must be open to the public and may be continued from
time to time. At each hearing any person interested must be given an opportunity to be heard.
The subject of the public hearings shall be the issue of whether Facilities in the right-of-way in
the city, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required under Subdivision 24.C. of this
Section.
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are not limited to:
(1) The costs and benefits to the public of requiring the undergrounding of all
Facilities in the right-of-way.
(2) The feasibility and cost of undergrounding all Facilities by a date certain
as determined by the city and the affected utilities.
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(3) The tariff requirements, procedure and rate design for recovery or
intended recovery of incremental costs for undergrounding by the utilities
from ratepayers within the city.
(4) Alternative financing options available if the city deems it in the public
interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost otherwise borne by the ratepayers.
Upon completion of the hearing or hearings, the city council must make written findings on
whether it is in the public interest to establish a plan under which all Facilities will be
underground, either citywide or within districts designated by the city.
IL Undergrounding Plan. If the council finds that it is in the public interest to
underground all or substantially all Facilities in the public right of way or in non-right-of-way
public ground, the council must establish a plan for such undergrounding. The plan for
undergrounding must include at least the following elements:
(1) Timetable for the undergrounding.
(2) Designation of districts for the undergrounding unless the undergrounding
plan is citywide.
(3) Exceptions to the undergrounding requirement and procedure for
establishing such exceptions.
(4) Procedures for the undergrounding process, including but not limited to
coordination with city projects and provisions to ensure compliance with
non-discrimination requirements under the law.
(5) A financing plan for funding of the incremental costs if the city determines
that it will finance some of the undergrounding csts,
and a determination
and verification of the claimed additional costs to underground incurred by
the utility.
(6) Penalties or other remedies for failure to comply with the undergrounding.
I. Facilities Location.
(1) In addition to complying with the requirements of Minn. Stat. §§ 216D.01- .09
(One Call Excavation Notice System"), before the start date of any right-of-way
excavation, each registrant who has Facilities located in the area to be excavated
shall mark the horizontal placement of all said Facilities. To the extent its records
contain such information, each registrant shall provide information regarding the
approximate vertical location of its Facilities to excavators upon request. Nothing
in this subsection is meant to limit the rights, duties, and obligations of facility
JMS-183755v1 19
SH155-87
owners or excavators as set forth in Minn. Stat. §§ 216D.01-09. Any right-of-way
user whose Facility is less than twenty (20) inches below a concrete or asphalt
surface shall notify and work closely with the excavation contractor in an effort to
establish and mark the exact horizontal and vertical location of its Facility and the
best procedure for excavation.
(2) All Facilities shall be placed in appropriate portions of right-of-way so as to cause
minimum conflict with other underground Facilities. When technically appropriate,
all utilities shall be installed, constructed or placed within the same trench.
J. Developer Responsibility. All owners, platters, or developers are responsible for
complying with the requirements of this Subdivision, and prior to final approval of any plat or
development plan, shall submit to the Director written instruments from the appropriate right-of-
way users showing that all necessary arrangements with said users for installation of such
Facilities have been made.
Subd. 25. Relocation of Facilities.
A right-of-way user shall promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary
to prevent interference, and not merely for the convenience of the city, in connection with: (1) a
present or future city use of the right-of-way for a public project; (2) the public health or safety;
or(3) the safety and convenience of travel over the right-of-way.
Subd. 26. Interference By Other facilities.
When the city does work in the right-of-way in its governmental right-of-way management
function and finds it necessary to maintain, support, or move a registrant's facilities to carry out
the work without damaging registrant's facilities, the city shall notify the local representative as
early as is reasonably possible. The city costs associated therewith will be billed to that
registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall
be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities
damages.
Subd. 27. Right-of-Way Vacation.
Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant,
the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
Subd. 28. Indemnification and Liability
By registering with the city, or by accepting a permit under this Section, a registrant or permittee
agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule
7819.1250.
JMS-183755v1 20
SH 155-87
Subd. 29. Abandoned and Unusable Facilities.
A. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that the
registrant's obligations for its facilities in the right-of-way under this Section have been lawfully
assumed by another registrant.
B. Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the city.
Subd. 30. Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has
g Y
had permit revoked; or (4) believes that the fees imposed are not in conformity with Minn. Stat.
§ 237.163, Subd. 6 may have the denial, revocation, or fee imposition reviewed, upon written
request, by the city council. The city council shall act on a timely written request at its next
regularly scheduled meeting. A decision by the city Council affirming the denial, revocation, or
fee imposition will be in writing and supported by written findings establishing the
reasonableness of the decision.
Subd. 31. Reservation of Regulatory and Police Powers.
A permittee's or registrant's rights are subject to the regulatory and police powers of the city to
adopt and enforce general ordinances necessary to protect the health, safety and welfare of the
public.
Subd. 32. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Section is for any reason
held invalid or unconstitutional by any court or administrative agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of
competent jurisdiction should determine by a final, non-appealable order that any permit, right or
registration issued under this Section or any portions of this Section is illegal or unenforceable,
then any such permit, right or registration granted or deemed to exist hereunder shall be
considered as a revocable permit with a mutual right in either party to terminate without cause
upon giving sixty (60) days written notice to the other. The requirements and conditions of such
a revocable permit shall be the same requirements and conditions as set forth in the permit, right
or registration, respectively, except for conditions relating to the term of the permit and the right
of termination. Nothing in this Section precludes the city from requiring a franchise agreement
with the applicant, as allowed by law, in addition to requirements set forth herein.
Sec. 2. The Shakopee City Code, Section 4.35, is hereby repealed.
Sec. 3. This ordinance is effective from and after its passage and publication.
JMS-183755v1 21
SH155-87
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2000.
Mayor of the City of Shakopee
Attest:
City Clerk
JMS-183755v1 22
SH155-87
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3-5-99 No Stole
TYPICAI PAVFUFNT IN '3 YFAR PRO.IFCT PI AN OR TEMPORARY SURFACE
07-28-00 11:53 From-KENNEDY d GRAVEN +6123379310 T-867 P.08/14 F-949
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1 7819.992D UTILITY HOLE RESTORATION PLATE 7.
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Note 1: St%minus Parwncnt
4uf Pans raptacamcnt of bon and binder to the noarast construction joint or Imnsufsc sock
4ud And ti4111 my k overlay of oaring course
Note 2 Corrado Pawnor
4ud pond rvptocamcnt for cancrets ptrwnant
More 3: All Other Tines al Surfaces and Pc' i o 1:t
Rsplacamanl vim In-kin4 materials
tlTlllTY HOPE RESTORATiOn Doc 7-8-98 PLATE 7
TYPICAL PAVEMENT 0 TO 5 YEARS OLD No Scolc
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1 7819.9925 UTILITY HOLE RESTORATION; PLATE 8.
TTPOL ROLE 6=G10ATION
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Note 1: Bituminous Pavement
-NU lane replacement of base. binder, end wearing course
la Me nearest construction joint or trenseei o crack
No1e 2: Concrete Pu►ement
-full panel replacement for concrete pavement
Note 3: Ad aver Typo of Surfaces and Pavements
•Replacement eitb in—kind materials
Uf UTT HOLE RESTORATION PLATE B
TYPICAL PAVEMENT 5 TEARS OLD TO 5 YEAR PROJECT PLAN Oats: 7-6-98 No Seal.
07-28-00 11:53 From-KENNEDY & GRAVEN +6123379310 T-867 P.10/14 F-949
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1 7819.9930 UTILITY HOLE RESTORATION; PLATE 9.
TYPICAL HOLE EXCAVATION
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Nate 1: 8iltimine411 Pavement
•Repinca Date, Hinder and wearing course for width at tate plus 2 tf. an either side of cut
Note 2: Concrete Pavement
•Replace width of We pla 2 ft. oar timer rile of cul
Sots 3: All Other Types of Surfaces and Parements
•Reploce width of tole plus 2 ft en either side of cut
MUP1 KOLE RESTORATION IN 5 TEARpot. 1—ti-98 PLATE 9
no 5014PROJECT PLAN OR unuTY ROLE PATCH
07-28-00 11:53 From-KENNEDY & GRAVEN +6123379310 T-867 P.11/14 F-949
1 7819.9935 UTILITY HOLE RESTORATION; PLATE 10
TYPICAL HOLE EXCAYATION
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*Replace Gala. Dinder and .eating course for.idln of Nig onq
Vote x Carnets known!
•Replace widm of Note amp
Nolo 3: All OW Types of Sorfaca and Pa+ements
•Raptocamant fa in—kick material3 for width of hole only
%TIuir HOLE RESTORATION Dole 7-6-98 PLATE 10
MICA PAYOUT IN 2 YEAR PROSECT PUN OR TEHPORART SURFACE No kale
07-28-00 11:54 From-KENNEDY d GRAVEN +6123379310 T-867 P.12/14 F-949
. 10/13/98 LA.,...v,—' 'a -- . -
1 7819.9940 TYPICAL ROAD PIAN; PLATE 11.
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Nate: Alt utility lines must be pushed under roads,
shoulders and driveways unless
other construction methods are approved by the Local Govemmentol Unit
Oats 7-4-91 PLATE 11
TYPICAL R0�0 PLANWs:
Scale
07-28-00 11:54 From—KENNEDY & GRAVEN +6123379310 7-867 P.13/14 F-949
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10/13/98 V1 ---
7819.9945 TYPICAL ROAD RESTORATION; PLATE 12.
Section A—A Section A—A
Restore Gravel Surface Restore Gravel
laty l Surface
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Grow s,.tocmi =1=11oor
r
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Section 8-8
Restore Gra.el Surface
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Section C-C a'"'V
Full Panel Restoration: Concrete or Bituminous Dr' or Path
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Note I: Restore oil surfaces to original condition with
in-kind materials (imparted v found on site)
rfPICAL ROAD. DRIYNA OR PAIN RESTORATION Dow 9-2S-911 PLATE 12
No Solo
07-28-00 11:54 From—KENNEDY & GRAVEN +6123379310 T-867 P.14/14 F-949
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1 7819.9950 TYPICAL ROAD SHOULDER RESTORATION; PLATE 13.
Trench Installation Rcsmre snowider to
oreae,d;ton Ian
in-hind matakrns
I • Top saa
seed and/or sod
Replace swegrods rZn
1 at greater Waived compacted Gil
Trench
Compact st,Dgraae la
original density
Plow Installation Restore shoulder
to anginal condition gilt+
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Top sail
seen and/or sad
t I Plow�_i
1 a< greater I 0
Compact suOgraac t•
original densly
Kole 1: Restore all surfaces to original condition with
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TYPO ROAD SHOWER RESTORATt01ioats 9-�-ao PLATE 13
Sedan 0-0 ] Ne Scala
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CITY OF SHAKOPEE
Memorandum o N
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Additional Staffing for Right-of-Way Management in
The Engineering Department
DATE: August 1, 2000
INTRODUCTION:
On the Council agenda for August 1, 2000 is Ordinance No. 570, which would provide an
ordinance for more administration and regulation of public right-of-way and adding
Section 7.17 to the Shakopee City Code. This memorandum is to ask Council to consider
adding additional staff in the Engineering Department for administration and regulation
of right-of-way, if this ordinance is indeed adopted.
BACKGROUND:
The City Council has been reviewing and considering a new Right-of-Way Management
Ordinance similar to the League of Minnesota Cities ordinance, which has been adopted
by many Cities in the Metropolitan area for the management, administration and
regulation of public right-of-way in the public interest. This ordinance is before Council
for final adoption. If this ordinance is adopted, there will be additional administration
and inspection duties required to manage the right-of-way for the public. The City of
Shakopee currently is under a fair amount of development activity and rebuilding of
existing infrastructure by other utility companies to meet the growing needs in this area
and northern Scott County. In 1999 the Engineering Department did receive and
administer approximately 325 permits for utility work done in the public right-of-way.
This does not include Shakopee Public Utility Commissions's (SPUC) work in which
permits were not received.
With the new ordinance, SPUC must be treated the same as other utility companies and
they would be required to take out permits. Inspections and regulations would need to be
administered in any public right-of-way by SPUC, as well as other utility companies.
Staff anticipates that this ordinance will keep one Engineering Technician busy for most
of the time, with additional work needed to be done by clerical staff and plan reviewers
of permits received by the City.
With this ordinance the City's right-of-way management costs can be recouped by permit
fees and City staff is working on a Revised Fee Schedule so that permit fees will be
adjusted in order to recoup City expenses in administering and regulating the public
right-of-way.
The intent of this memo is to ask Council to consider adding another Engineering
Technician II position for administration and regulation of public right-of-way and other
technician duties at this time. Currently, the Engineering Department has had to utilize
two WSB personnel in order to meet the construction inspection demand. Staff believes
that the Right-of-Way Management Ordinance will require additional time and effort, and
will offset any budget impact by fees that can be charged for this right-of-way
management. This new position will only impact the budget by a small amount and will
free up other staff's members time to do inspection work on other public improvement
projects and reduce the reliance on consultant's inspectors on these projects.
Staff had included in its budget requests for an additional Technician II position for the
year 2001 and would have liked to have hired this person immediately after January 1,
2001. The request from staff is to hire this person at this time versus waiting until
January 1. It is staff's belief that there are acceptable candidates available from the
applications received for the Engineering Technician II position that is currently open,
and that another successful candidate can be found to fill this additional request.
ALTERNATIVES:
1. Authorize staff to begin advertisement for the hiring of an Engineering Tech. II.
2. Do not authorize staff to hire this position but wait until the budget process has
been reviewed and completed.
3. Table for additional information.
RECOMMENDATION:
Staff believes that the hiring of an additional Engineering Technician II will not impact
the budget very much, if at all,but the need for an Engineering Technician is necessary in
order to meet the requirements of a new Right-of-Way Management Ordinance. If the
Right-of-Way Management Ordinance No. 570 is not adopted then this request is not
necessary.
ACTION REQUESTED:
Authorize staff to begin advertisement for the hiring of an Engineering Tech. II.
&at v A
Bruce Loney
Public Works Director
BL/pmp
staffing
. La
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Eagle Creek Preserve Stormwater Lift Station Design
and Authorization to Enter into a City of Savage Agreement
DATE: July 5, 2000
INTRODUCTION:
This agenda item is for the Council to consider the approval of Eagle Creek Preserve
stormwater design changes from the original design, and authorize the appropriate City
officials to enter into a City of Savage agreement to accept stormwater from this
development and to enter into an agreement for maintenance and operation costs of a
stormwater lift station.
BACKGROUND:
The Eagle Creek Preserve development was approved in 1997 and final plans and
installation of public improvements commenced in October of 1997. The public
improvements were substantially completed in 1998 and these improvements included an
infiltration stormwater pond adjacent to Eagle Creek. The stormwater infiltration pond
design was incorporated as part of the AUAR mitigation plan for the Eagle Creek area, as
approved by the Department of Natural Resources (DNR).
In the fall of 1998, it was discovered that the infiltration pond was not working as
designed. This problem was pointed out to the developer, Klaas VanZee and the DNR.
After this discovery, City staff met with the DNR and the developer to discuss
alternatives and meeting the DNR's objective in preserving Eagle Creek. Staff has
required the developer to perform a hydro geologic study to determine the best course of
action in meeting the DNR's requirements. From these meetings, Mr. VanZee hired the
firm of Barr Engineering, who has performed much of the groundwater study work in the
City of Savage, to review this situation and to make recommendations.
From this study, Barr Engineering concluded that the groundwater elevation is too high in
this area to allow an infiltration pond to work. Based on the information determined from
their study and the elevations of the streets in Eagle Creek, the best alternative to meet
the DNR's concern would be to install a stormwater lift station and forcemain into the
City of Savage's storm sewer system.
For the maintenance costs associated with a lift station these are the following options for
payment:
1. City's Storm Drainage Utility Fund
2. Developer
3. Home Owner's Association
4. DNR
In meetings with the developer and attorney, the preferred option would be for the City to
maintain the lift station and for the Homeowner's Association to be responsible for
payment. This option from staff's perspective, does cover the City's cost in maintaining
a storm water lift station as most of the lots in Eagle Creek Preserve will need this
facility. The developer will be responsible for the installation of the lift station, force
main and pond liner. The City's Public Works Department will maintain the facility with
its own staff or private companies with the cost of such maintenance and operation to be
billed to the Homeowner's Association.
This alternative seems to be the best in covering the City's costs. The City will still
charge a storm drainage utility fee for residential property to pay for the operation and
maintenance of the storm sewer system and street sweeping. The Storm Drainage Utility
fees for the 32 lot subdivision would not be enough to pay for the lift station operation
and maintenance.
Attached to this memo is an agreement between the City of Shakopee and the
Homeowner's Association on the cost reimbursement for the lift station.
With the agreement, the City has the right to change a fee for the operation and
maintenance on Outlot B which is the property of the Eagle Creek Homeowner's
Association. The estimated yearly cost of operation and maintenance including pump
replacement, electric power and future replacement is approximately$1,000.00 per year.
Eagle Creek Preserve has 32 platted lots and at $30.00 per year the total fee collected
would be $960.00 per year. The developer, staff and both attorneys for each side have
agreed to this amount. Staff feels this arrangement would be better than tracking actual
costs each year and billing that actual amount which could vary depending on the work.
By billing a set amount, the property owners can budget accordingly.
If Council does not want to enter into an agreement with a Homeowner's Association, the
cost of maintaining a lift station would be either from the City's Storm Drainage Fund or
receive upfront money from the developer to cover the maintenance costs for a period of
time. The developer is not in favor of providing upfront funds.
Staff's recommendation would be to approve the design change for Eagle Creek Preserve
development, and authorize the appropriate City officials to enter into agreements with
the City of Savage and the Homeowner's Association.
Included with this agenda item are the following documents for Council consideration
and review:
• May 12, 1999 letter from Patrick Lynch III, DNR Area Hydrologist
• September 8, 1999 letter from Barr Engineering on the stormwater infiltration
pond alternatives.
• Agreement between the City of Shakopee and the City of Savage for the storm
sewer on Eagle Creek Preserve, and also Exhibit A showing the proposed
redesign of the infiltration pond and lift station design.
• Letter from Klaus VanZee assuming responsibility for the reconstruction of the
pond and construction of a lift station.
• Another letter from the DNR approving the redesign.
The developer has indicated it has an agreement with the City of Savage to accept
stormwater from this development into their system. Indications from the City of Savage
have been that they will allow the stormwater flow from this area to be accepted. City
staff has reviewed the alternatives and the Barr Engineering report and has concluded that
the best alternative in handling the stormwater from Eagle Creek Preserve is to install a
stormwater lift station with a clay lined stormwater pond and forcemain into the City of
Savage's stormwater system. With the current design, the infiltration pond is not
working to the acceptance of the DNR. If the City of Shakopee were to accept the
development as is, they would be responsible for any future changes the DNR may
require due to impact of stormwater into Eagle Creek. The main issue with this redesign
of this stormwater facility is the operation and maintenance of a stormwater lift station,
which was not contemplated in the original design. Staff has checked with companies
that do maintenance of lift stations and the City can enter into contracts for the
maintenance of these facilities.
ALTERNATIVES:
1. Approve the redesign of Eagle Creek Preserve stormwater facilities, to include a
stormwater lift station and forcemain into the City of Savage's stormwater
system, and a pond liner for the stormwater pond.
2. Do not approve of the proposed stormwater lift station and forcemain into the
City of Savage's system.
3. Authorize the appropriate City officials to execute an agreement between the City
of Shakopee and the City of Savage for storm sewer system connections.
4. Do not authorize the appropriate City officials to execute an agreement.
5. Authorize the appropriate City officials to execute an agreement with the Home
Owner's Association of Eagle Creek Preserve.
6. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 3 and 5, to approve the design of a stormwater lift
station and forcemain for the Eagle Creek Preserve; to authorize the appropriate City
officials to execute an agreement between the City of Shakopee and the City of Savage
for accepting stormwater from Eagle Creek Preserve; and to authorize the appropriate
City officials to execute an agreement with the Homeowner's Association for operation
and maintenance costs associated with the storm water lift station.
ACTION REQUESTED:
1. Approve the redesign of Eagle Creek Preserve stormwater facilities, to include a
stormwater lift station and forcemain into the City of Savage's stormwater
system, and pond liner for the stormwater pond.
2. Authorize the appropriate City officials to execute an agreement between the City
of Shakopee and the City of Savage for storm sewer system connections.
3. Authorize the appropriate City officials to execute an agreement with the Home
Owner's Association of Eagle Creek Preserve.
I if:nice ruce Loney
Public Works Director
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Minnesota Department of Natural Resources
W DNR Waters, 1200 Warner Road,St.Paul,MN 55106
' I o1 Telephone:(651)772-7910 Fax: (651)772-7977
0,40
ooNATiIR��
May 12, 1999
Mr. Bruce Loney J!
City of Shakopee S U
129 South Holmes Street �`�'J�
Shakopee,Minnesota 55379 (.>/
RE: STORMWATER PONDS AT EAGLE CREEK PRESERVE
Dear Mr.Loney:
Thank you for meeting with Joel Rutherford,Jerry Johnson(DNR Fisheries),developer Klaas Van Zee,and me on
April 27 to discuss the stormwater ponds at the Eagle Creek Preserve development in eastern Shakopee. The
purpose of our meeting was to discuss the infiltration ponds that were constructed a couple of years ago as part of
the development. The ponds,located adjacent to Eagle Creek,a designated trout stream,were designed to act as
infiltration basins. They were to have the capacity to store stormwater runoff the equivalent of that generated by
a 100-year frequency storm event. Events less frequent than the 100-year would overtop the spillway into the creek.
It is apparent the ponds are not functioning as designed and intended. Under current conditions there is very little
storage available. My estimate is that the ponds have less than two acre-feet of storage available(above the dead
storage) before overtopping to Eagle Creek It appears the ponds are not infiltrating, and may in fact act as
groundwater discharge points.
The DNR is concerned that the ponds do not function as we agreed before their construction and as they were
intended. The biggest threat the ponds pose in their current state is that of thermal pollution. Trout require cold,
clean water for their existence. Water quality may also be compromised should stormwater enter the stream at
something less than a 100-year event.
The DNR would like the stormwater system corrected. As we discussed in the field,there are a number of potential
options,including a pervious dike on the east side of the pond to encourage infiltration,removal of a pervious pond
bottom(if it is documented to exist), or bypassing the pond outlet away from the trout stream, either towards
Savage or west in to Shakopee. If excavation is to occur,utmost caution will be necessary, as several artesian
conditions have been encountered during development projects in the immediate vicinity.
Our preferred option to effective infiltration would be to bypass the stormwater around Eagle Creek. Mr.Van Zee
indicated the City of Savage is receptive to accepting the stormwater. That is reiterated in Bruce Bullert's May 4,
1999,letter to you. I suggest that you contact Jeff Sandberg at the City of Savage to confirm their agreement to
accept the water. Bullert's letter also provides cost estimates of the power required to pump down the ponds. If
the ponds are currently acting as groundwater discharge points,the frequency of pump operation will be increased
significantly.
DNR Information: 651-296-6157 • 1-888-646-6367 • 1TY: 651-296-5484 • 1-800-657-3929
An Equal Opportunity Employer Ifs. Printed on Recycled Paper Containing a
Who Values Diversity NW. Minimum of 10%Post-Consumer Waste
•
Bruce Loney
May 12, 1999
page 2
The current condition of the ponds pose an unacceptable threat to the adjacent Eagle Creek trout stream,and do
not perform as DNR agreed to prior to their bion. We appreciate your meeting with us to discuss the matter,
and trust you will investigate solutions that are mutually acceptable.
Please advise me of your progress on this project,and call me at 651-772-7917 if you have any questions.
Sincerely,
(rt.()
Patri
J.Lyn i
Area Hydrologist
c: Jerry Johnson,DNR Fisheries
Kevin Bigallce,DNR Trout Stream Watershed Coordinator
Jeff Sandberg,City of Savage
Klaas Van Zee,Van Zee Homes,Inc.
Larry Samstad,Lower Minnesota River Watershed District
Pete Beckius,Scott SWCD
. Barr Engir ring Company
4700 Wes.. /th Street•Minneapolis, MN 55435-4803
Phone:612-832-2600• Fax:612-832-2601
BARR
Minneapolis, MN • Hibbing, MN • Duluth, MN •Ann Arbor, MI • Jefferson City, MO
—p,, [,, L.,I i o i *;1
September 8, 1999
!f ?, ' ! 0 !999
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i
Mr. Bruce Loney, P.E. l:
Director of Public Works
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Re: Stormwater Infiltration Ponds at Eagle Creek Preserve
Dear Mr. Loney:
The purpose of this letter is to summarize our review of the referenced stormwater infiltration pond.
This letter will cover background information relevant to the issues, the scope of services, data
gathered, review of data, and responses to questions raised by the City of Shakopee.
Background Information
On June 25, 1999, a meeting was held at Barr Engineering to discuss the performance of the
referenced pond. At that meeting, Barr Engineering was directed to perform a preliminary
investigation into why the infiltration pond is not functioning as originally designed and to respond
to specific statements and questions appearing in a letter from Shakopee dated May 25, 1999.
The pond is located in the northwest quadrant of the intersection of Preserve Trail and Eagle Creek.
The pond was originally designed to receive stormwater from the area and allow it to infiltrate into
the ground, where it would be.cooled before entering Eagle Creek. The pond is intended to store up
to a 100-year event without overtopping into Eagle Creek. Should an event greater than a 100-year
storm occur, there is an overflow designed to direct the excess water into Eagle Creek.
The pond is roughly 200 feet square along the top of the containment dikes, has a bottom elevation of
748 (MSL), and a top-of-dike elevation that varies from a high of about 757 on the south to a low of
about 753.5 at the overflow on the east.
Because water levels in the pond are consistently higher than intended, it has become apparent that
the infiltration pond is not functioning as originally intended. Letters from the Department of
Natural Resources and the city of Shakopee directed the developer, Van Zee Companies, to
investigate alternatives to correct the problem so that the pond will be functional.
Scope of Services
The scope of our review is limited to the investigation of soils and groundwater at the pond site.
Most of this work focuses around gathering new data through small diameter soil borings and
piezometers.
Mr.Klass Van Zee
September 8, 1999
Page 2
Data Gathered
In order to obtain information for the study, Barr Engineering contracted with a company called
Geoprobe to place four small-diameter borings around the pond site. Because of regulatory issues,
the depth of the borings was limited to 24 feet.
In addition to obtaining soils information, two small-diameter piezometers were installed at the
southeast corner of the pond to measure water levels. The piezometers are labeled PZ 1 and PZ2.
PZ 1 was completed with a screen from 23 to 24 feet deep, while PZ2 was completed with a screen
from 9 to 10 feet deep. The reason that the piezometers have screens at two different locations in the
same area is to see if there will be any measurable upward or downward gradient in the piezometric
head immediately below the pond. Piezometers installed in this way are called nested. Water levels
were measured in the piezometers and the pond one week after installation, on July 8, 1999, and
again on August 2, 1999.
The locations of the borings and piezometers are shown on Figure 1. The results of the subsurface
investigation are plotted on Figure 2. The results of the piezometer readings are attached as Tables 1
and 2, and the logs from the Geoprobes are also attached at the end of this letter.
The soils around the pond varied from clays to sands in the upper 6 to 8 feet, changing to all sand
below this depth. Along the southern dike, there is a significant amount of clay down to and
occasionally slightly below the elevation of the bottom of the pond. Along the eastern dike, the clay
tapers out and is replaced by a permeable sand as you move to the north. Along the northern dike,
there is a significant amount of permeable sand, which should allow rapid infiltration. Along the
western dike, the upper layer of clay reappears as you travel from the north to the south. It appears
that the road and some of the eastern dike construction may have consisted of clays. Notes on the
construction plans that indicate the eastern dike is constructed out of clay support this.
Generally, water levels in the borings were at or slightly above the levels of the pond water on the
day they were placed. Measurements were taken in the piezometers on July 8. At that time, the
water surface in the pond was 752.0, while the water level in PZ2,the shallower of the two
piezometers, was 750.69. The water level in PZ1,the deeper of the piezometers, was at an elevation
of 751.64, indicating an upwelling gradient. In this case,the upwelling gradient was .95 feet across
the 14-foot difference between the screens. This upward gradient would indicate that piezometric
heads in the Prairie du Chien aquifer, which underlies the site, are high enough to "push" water
toward the surface. This upwelling condition is common in this area below the bluff.
Water levels were measured again on August 2 when the water surface of the pond was 752.01.
Water in the shallower piezometer, PZ2, was at elevation 751.51, indicating it had risen 0.82 feet
since the earlier reading. Water level in PZ1,the deeper of the two,was at 751.49, or slightly lower
than before. In this case, the piezometer readings were almost the same, indicating no upwelling
conditions near the pond on that day.
Review of Data
A number of conditions must exist for an infiltration pond to function properly. The soils must be
sufficiently conductive to transmit water into the ground at a designed rate that will provide
stormwater protection to the area. In addition,the water table in the area must be consistently low
enough so that the head differential between the surface of the pond and the water table generates the
design infiltration rate. Other items are also critical to designing infiltration basins, but during this
study only these two specific items—soils and water table—were reviewed to see if they could
support an infiltration pond at this location.
Mr.Klass Van Zee
September 8, 1999
Page 3
The pond site appears to have a sufficient amount of sandy soils at or near the surface to support
substantial infiltration rates given an adequate head difference. No review of the pond bottom was
done since there was water in it at the time. It is possible that a thin layer of fines and/or organics
has built up over the bottom, separating it from some of the underlying sand. This is common in
construction areas where erosion of open sites can occasionally carry fines to ponds such as this,
even when good erosion control is practiced. The pond was pumped down recently and those present
reported that it appeared to have more clay than sand on the bottom.
Groundwater levels measured at the site were high and variable. Other studies of groundwater in this
area indicate levels can vary dramatically on an annual basis because of fluctuating head in the
underlying Prairie du Chien aquifer. The lowest piezometer reading at the site was 2.69 feet above
pond bottom while the highest was 3.64 feet above bottom. The water surface in the pond was
between 0.5 and 1.3 feet above the water table. This differential is what is available to "push"the
water into the water table.
If a solid connection to the sand can be maintained, even this small differential can generate a high
rate of infiltration. However, the high water table limits the active storage available in the pond.
Because of this, it is questionable that a functioning infiltration pond can be maintained in this area.
At times, water levels may appear to be low enough to support such a pond, but this will not likely be
the case year round.
One of the problems in this analysis is the lack of historic water level data. However, a certain
amount of information can be gathered based on the coloration of the soils. Light gray and mottled
soils are often an indication of the presence of water. A review of the borings indicates that light
gray or mottled soils were present at elevations as high as 752 to 753 around the entire pond. While
this is not a guarantee that the water level is that high, it is a strong indicator that the water table has
been well above elevation 750.
Response to Questions
Based on the data and review, Barr offers the following opinions regarding the suggested solutions to
the problem posed by the city of Shakopee in its May 25 letter.
1. It was suggested to remove the impermeable layer that is preventing the pond from
infiltrating and replace this with a permeable layer. If such a layer exists and is removed, it
will likely increase the rate of infiltration significantly;however, the high groundwater in the
area will probably not provide enough active storage or allow the rate of discharge to be
adequate for the intended purpose. On the other hand, it is a"cheap fix" and may be worth
trying if time and other factors allow.
2. The suggestion was offered to remove the impermeable berm between Eagle Creek and the
stormwater ponds and replace it with a permeable berm and allow infiltration of the
stormwater in the pond to the creek through this berm. It is unlikely that the water will cool
sufficiently prior to entering Eagle Creek to be satisfactory to regulating agencies. This is
not recommended unless additional study indicates the water would cool sufficiently to
support the species in the stream.
3. A stormwater lift station pumping into the city of Savage's stormwater system also has been
suggested. This may work; however,the designer must carefully consider if active storage
below the water table is needed. If so, some type of engineered liner must be installed to
limit the amount of groundwater pumped. The liner would have to be carefully designed and
Mr.Klass Van Zee
September 8, 1999
Page 4
constructed to ensure that upwelling pressures from the water table do not exceed liner
weight and cause it to fail. This may result in a very thick liner. Alternately, a higher
capacity station could be installed to make up for the lost storage. This would likely
significantly increase the cost of the station. Another possibility is to both improve the
infiltration rate by removing any clay over the sand and include a higher capacity station to
handle what does not infiltrate.
In addition to those suggested solutions,the city of Shakopee also requested that specific questions
be answered.
1. Will stormwater ever infiltrate into the pond even if the confining layer is removed? Yes,
some infiltration will occur. It is not yet clear if there is a confining layer over the entire
bottom of the pond. In fact, evidence indicates that there is a shallow sand layer on the
northern berm. If the pond is connected to the sand, infiltration will occur. However,the
water level in the pond would obviously never drop below that of the surrounding water table
which is currently well above the pond bottom. The question then becomes will the water
level in the pond be low enough to provide the required active storage in the pond for it to
function properly. This answer is not likely.
2. Can the system support an infiltration pond and meet the thermal cooling needed to protect
Eagle Creek? If the infiltration rate can be improved, the water will be cooled significantly
due to the large mass of cool water into which the stormwater will infiltrate. Whether or not
it will be sufficient to protect Eagle Creek is beyond the scope of this review.
3. What improvements can be made, if any, to the pond to meet the DNR's concerns? It is
Barr's opinion, based on this limited review, that some form of pumping station will be
required. Again, careful attention must be paid to groundwater levels and pumping rates.
Based on the limited information to date, active pond storage should only be considered from
approximately elevation 752 and above, unless an engineered clay liner is installed.
If you have any questions, please do not hesitate to contact me.
Sincerely, !f
Brian K. LeMon
BKL/lah
Enclosures
c: Klass Van Zee—Van Zee Companies (w/encl)
208529.DOC
AGREEMENT
BETWEEN THE CITY OF SHAKOPEE AND THE CITY OF SAVAGE
FOR STORM SEWER
EAGLE CREEK PRESERVE
THIS AGREEMENT is entered into between the City of Shakopee, a Minnesota
municipal corporation, hereinafter called "Shakopee" and the City of Savage, a
Minnesota municipal corporation,hereinafter called"Savage".
WHEREAS, Savage and Shakopee have prepared comprehensive plans which
include storm sewer plans that provide for a portion of Shakopee to drain towards
Savage; and
WHEREAS, Savage has agreed in the DEVELOPER'S AGREEMENT FOR
EAGLE CREEK (City Project 94-02 dated 2-23-96) to accept storm water from the City
of Shakopee; and
WHEREAS, Savage has previously completed the construction of storm
drainage facilities, under City Project 94-02 to accommodate storm water flow from
future development in Section 13 in Shakopee and to avoid outlet to Eagle Creek; and
WHEREAS, the City of Shakopee will no longer be able to discharge
stormwater runoff into Eagle Creek due to the mitigation plan adopted as part of the
AUAR; and
NOW, THEREFORE, Shakopee and Savage agree as follows:
1. That Shakopee will construct a lift station in the stormwater detention pond
located along Preserve Trail and pump storm water to the CBMH 7 constructed as part of
the improvements for EAGLE CREEK PRESERVE.
2. That Savage will accept stormwater from Shakopee at the rate of 0.27 cfs.
3. That Shakopee pay 100% of the costs of the storm sewer system as shown on
Exhibit A to discharge water to the existing stormwater system located in the City of
Savage.
IN WITNESS WHEREOF, that parties have set their hands this day
of , 2000.
CITY OF SAVAGE: CITY OF SHAKOPEE:
BY: By:
Its Mayor Its Mayor
By: By:
Its City Administrator Its City Administrator
By:
Its City Clerk
/A Van Zee Homes, Inc.
I9951 Credit River Blvd. • Prior Lake, MN 55372
Phone (612) 445-0576• Fax (612) 445-9523
Lic.#1429 D /c� g
It I
JUN /SE?
oo /
June 14, 2000
10P1
Mr. Bruce Loney
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Van Zee Homes, Inc. assumes responsibility for the reconstruction of the pond and
construction of a lift station in Eagle Creek Preserve.
Sincerely yours,
v✓
Klaas Van Zee
•
r<oF MINN
Minnesota Department of Natural Resources /VP #
tiT�F NAN°
(651) 772-795528
CIS, ()on0
METRO REGION FISHERIES, 1200 WARNER RD, ST. PAUL,MN CA-8, .
''-ler,
June 27, 2000 L r
Mr. Bruce Loney, P.E.
Director of Public Works
City of Shakopee
129 South Holmes Street •
Shakopee, MN 55379
Dear Mr. Loney,
Thank you for allowing us to review and comment on the investigation and plans regarding the
infiltration ponds at Eagle Creek Preserve in Shakopee.
Here are the main issues that I feel we are in agreement;
• The infiltration ponds are not functioning as designed. This is likely due to the upwelling
of ground water indicated by the data from the piezometer borings.
• We do not want the warm pond water over topping the iierm into Eagle Creek where the
thermally-sensitive aquatic biota could be compromised.
• We do not want to be pumping ground water from the ponds.
• Additional excavation may add to the problem in that several artesian conditions have been
encountered during excavation projects in the immediate area.
In lieu of these issues, we recommend that a liner be constructed(as reccmmended by Barr
Engineering)to reduce the possibility of upwelling ground water and increase storage.
Additionally, a stormwater lift station be installed at the pond to bypass Eagle Creek. I has been
indicated that the City of Savage is receptive to accepting the additional stormwater.
If you wish to discuss this issue further, we are agreeable to meet with you at your convenience.
Sincerely,
Gerald Johnson
Region VI Fisheries
cc. Jason Moeckel, Pat Lynch
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929
An Equal Opportunity Employer Printed on Recycled Paper Containing a
Who Values Diversity Minimum of 10%Post-Consumer Waste
CONTRACT BETWEEN EAGLE CREEK PRESERVE
HOME OWNERS ASSOCIATION AND THE
CITY OF SHAKOPEE FOR THE UPKEEP
OF A PUMPING FACILITY
WHEREAS Eagle Creek Home Owners Association (Association) is the
owner of Outlot B of the plat of Eagle Creek Preserve, and said Outlot B is a
storm drainage pond which requires a pumping facility; and
WHEREAS the Association is obligated under paragraph 4 of the Declaration
of Protective Covenants (Declaration) of the plat of Eagle Creek Preserve to
maintain the common area of Outlot B; and
WHEREAS the City of Shakopee ("City") is a municipal corporation
organized under the laws of the State of Minnesota with all the powers and
authority vested in it pursuant to Minnesota statutes; and
WHEREAS the Association wishes to contract with the City with regard to the
operation and maintenance of the pumping facility to be located on Outlot B;
and
WHEREAS the City is willing to operate and maintain the pumping facility
provided that the Association pays a Storm Water Drainage Fee authorized by
Section 3.42 of the City Code
NOW THEREFORE in consideration of the mutual covenants and
agreements contained herein, the sufficiency of which is hereby acknowledged
by both parties, the parties agree as follows:
1. The Association will cause to be constructed upon and within
the pond located in Outlot B of the plat of Eagle Creek Preserve a pumping
facility of a type approved by the City at no cost to the City.
2. The City agrees to undertake the operation, maintenance,
upkeep, and replacement of such pumping facility from and after the date the
City approves in writing the installation of the pumping facility.
3 The Association agrees to pay a quarterly Storm Water Drainage
Fee of$240, payable in the normal and customary manner that the City bills and
collects such fees pursuant to Section 3.42 of the City Code. The Storm Water
Drainage Fee will commence on the date that the City approves in writing the
installation of the pumping facility. The Association agrees that the City may
adjust such fee in the same manner that the City adjusts such fees pursuant to
Section 3.42.
JIT-183771v1
SH155-23
4. The covenants, waivers, and agreements contained herein shall
run with the Property and shall bind the heirs, successors and assigns of the
parties.
5. The Association represents and warrants that it is the fee owner
of Outlot B and that it has the full legal authority and power to enter into this
Agreement.
6. Both the City and the Association agree to take such other and
further actions and enter into such other and further agreements as are
reasonably necessary and convenient to effectuate the terms and conditions of
this Agreement.
Dated:
THE CITY OF SHAKOPEE
By:
Its Mayor
By:
Its City Administrator
By:
Its City Clerk
Dated:
EAGLE CREEK PRESERVE
HOMEOWNERS ASSOCIATION
By: •
Association President
HT-183771v1
SH 155-23
CITY OF SHAKOPEE
Memorandum
CONE
TO: Mayor&City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford,Assistant City Engineer
SUBJECT: Ordering Feasibility Report- Sidewalk Extension Along 1st Avenue, from
Cass Street to Scott Street
DATE: August 1, 2000
INTRODUCTION:
Attached is Resolution No. 5394, which orders the feasibility report to be prepared for a
sidewalk extension along 1st Avenue (County Road 69), from Cass Street to Scott Street.
BACKGROUND:
As part of the City's Capital Improvements Program (CIP), the Council has proposed a
sidewalk extension along 1st Avenue, from Webster Street to Scott Street. Webster Street
at 1st Avenue is west of the Dairy Queen, so staff is recommending only going to the east
property line of Dairy Queen, which is just east of the old Cass Street (see attached
drawing).
The area to be studied is the boulevard on the north side of 1st Avenue. The sidewalk
currently ends just west of Scott Street. The area included in the feasibility report would
be from the end of the existing sidewalk to the east end of the Dairy Queen property.
The feasibility report will provide cost estimates for the installation of this sidewalk, and
a recommendation for how it should be funded. As part of this study, it is anticipated that
different alignment options will be studied. One alternative would be to place the
sidewalk immediately adjacent to the existing curb. Another would place it as far away
from the street as the current right-of-way will allow. Other alignments may place it
somewhere between the street and right-of-way, based on existing structures, trees, etc.
Staff is recommending adoption of Resolution No. 5394.
ALTERNATIVES:
1. Adopt Resolution No. 5394, a resolution ordering the preparation of a report on a
sidewalk extension along 1St Avenue, from Cass Street to Scott Street.
2. Deny Resolution No. 5394.
3. Table Resolution No. 5394 for a specific reason.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 5394, A Resolution Ordering the Preparation of a Report on a
Sidewalk Extension along 1St Avenue, from Cass Street to Scott Street and move its
adoption.
<r
oel Rutherfor
Assistant City Engineer
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RESOLUTION NO. 5394
A Resolution Ordering The Preparation Of A
Report On A Sidewalk Extension
Along 1st Avenue, From Cass Street To Scott Street
WHEREAS, it is proposed to improve 1st Avenue, from Cass Street to Scott Street by
Sidewalk Extension, and any other appurtenant work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce
Loney, Public Works Director, for study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
/c, c . I.
CITY OF SHAKOPEE CONSENT
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan,Natural Resource Director
Subject: Swimming Pool Project Change Order#2
Date: July 14, 2000
INTRODUCTION
The City Council is asked to approve Change Order#2 for the Swimming Pool Project.
BACKGROUND
When the City Council approved Change Order#1 on June 6, staff indicated there could possibly
be other changes as the project progressed. City Council members have been notified of
necessary changes or additions to the project as construction progressed. The changes made to
the pool project and were not in the original plans include the following:
Replace existing chlorine room exhaust fan with equivalent model and $ 800.00
Install vent louver.
Install a valve after the pump and a valve on the backwash pipe. $2,937.00
Install underground speaker conduit loop under cement pad. $ 594.00
Chlorine system changes. $4,263.23
Liner repair per Contract Unit Price $21,600.00
Change Order Total $30,194.23
BUDGET IMPACT
Budget adjustment for the Swimming Pool Contract is $817,269.14
A Retainage Fee of$38,880.50 will be withheld until all"punch list"items are completed.
ALTERNATIVES
1. Allocate$30,194.23 for Change Order#2.
2. Table for additional information from staff.
3. Do nothing.
RECOMMENDATION
Alternative#1
ACTION REQUESTED
If Council concurs with staffs recommendation,it should,by motion,move to approve
$30,194.23 for Change Order#2 of the Municipal Swimming 1.,:)1 Project wi ding to be
allocated from the Building Fund. �
ie
ark J. "Qui lan
Natural ' esource Director
CHANGE OWNER 0
ARCHITECT 0
ORDER CONTRACTOR 0
FIELD 0
AIA DOCUMENT G701 OTHER 0
PROJECT: Shakopee Community Swim Pond CHANGE ORDER NUMBER: Two
(name, address) DATE: 7/11/00
TO CONTRACTOR: Pool Construction Inc. ARCHITECT'S PROJECT NO: N/A
(name, address) P 0 Box 21387 CONTRACT DATE: October 13, 1999
Eagan, MN 55121
CONTRACT FOR: Swim pond renovation
The Contract is changed as follows:
1. Replace existing chlorine room exhaust fan with equivalent model $ 800.00
. and supply and install vent louvre over existing opening in chlorine
room wall above exhaust fan.
2. Supply and install a valve after the pump and a valve on the $2,937.00
backwash pipe.
3. Underground speaker conduit loop. $ 594.00
4. Chlorine system changes. $4,263.23
5. Liner repair per Contract Unit Price. $21,600.00
Total for change order number. $30,194.23
Not valid until signed by the Owner, Architect and Contractor.
The original(Contract Sum)( adaiiax )was $ 777,610.00
Net change by previously authorized Change Orders $ 9.464.91
The(Contract Sum)(dam )prior to this Change Order was $ 787,074.91
The(Contract Sum)( itae)will be(increased)telex-mach
Eby this Change Order in the amount of $ 30,194.23
The new(Contract Sum)(Comas icHas onuxikliEV)including this Change Order will be $ 817,269.14
The Contract Time will be &)(unchanged)by ( )days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE: This summary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by
Construction Change Directive.
USAI4U4ticsr Inc. Pool Construction Inc. City of Shaknpee
ialuntAx ' ENGINEER CONTRACTOR OWNER
2355 Polaris Ln. N. P 0 Box 21387 129 S. Holmes Street
Address Address Address
Plymouth, MN 55447 Eagan, MN 55121 Shakopee, MN 55379
BY �� iOsyl BY BY
DATE 7-7/ DATE DATE
AIA CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
MA DOCUMENT 0701 • CHANGE ORDER • 1987 EDITION • AIM° • 01987 • THE G7O1-1987
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20(106
'NAMING:Unlicensed photocopying violates U.S.copyright laws and is subieet to legal prosecution.
I r
17-1
i F
POOL CONSTRUCTION INCORPORATED
21 June,2000
Tom Schaffer
USAquatics, Inc.
2355 Polaris Lane, Suite 110
Plymouth,MN 55447
Re: Shakopee Community Swim Pond
Chlorine Room Ventilation
REQUEST FOR CHANGE ORDER
The plans called for the existing ventilation fan in the chlorine room to be re-used. We later learned that the existing
fan was inoperable and proceeded with ordering a new fan upon verbal approval of pricing by Bill Deneen. In
addition,Bill requested that a commercial grade vent be installed over an existing 8"near the top of the block wall
in that room. Pricing is as follows:
Furnish&Install new fan: S 600.00
Furnish&Install new vent: $ 115.00
Subtotal S 715.00
PCI add'l Bond,O&P 12% 5 85.00
TOTAL S 800.00
Call me with questions.
Sincerely,
Pool Construction,Inc.
Kent G.Wood
P.O. Box 21387 a Eagan, Minnesota 55121
office: (651 ) 406-8424 a fax: (651) 406-8242
JUL-10-2000 15:07 GSCI & PSI 6514069242 P.01/01
1�I L CIUS 11111111111 IMCIIPSIATED
July 10,2000.
Bill Dawn VIA FAX 763.745.9243
USAgtmtics,Inc.
2355 Polaris Lie,Suite 110
Plymouth,MN 55447
Re: Shakopee Coram unity Swim Pond.
CHANGE ORDER PROPOSAL
1. Famish 12"Gear Operated Butterfly Valve,with flanges and hardware.
Material $1,402.00
2. Furnish S"Gear Operated Butterfly Valve,with flanges and h*dware.
Material $ 690.00
1 Ind on items listed above.
13mb $ S45.00
TCT AL $ 2,937.00
If this pricing is acceptable,please issue a Clime Order to our Contract as mon as passage_
Call me if you have sty questions.
Sincerely,
Pool Construction.Ina
Kent G.Wood
P.O. Box 21387 -a Eagan. Minnesota 55121
office: (651) 406-8424 23 fax: (651) 406-8242
TOTAL P.01
POOL CONSTRUCTION INCORPORATED
21 June,2000
Tom Schaffer
USAquatics,Inc.
2355 Polaris Lane,Suite 110
Plymouth,MN 55447
Re: Shakopee Community Swim Pond
Conduit Loop
REQUEST FOR CHANGE ORDER
Prior to completion of the deck,the Owner requested that an underground speaker conduit loop be repaired. The
work was immediately carried out on a time and material basis to avoid any further delays to the deck pour. I have
attached a copy of Choice Electric's Pricing for this work.
Choice Electric Invoice $ 530.00
PCI add'l Bond,080 12% $ 64.00
TOTAL $ 594.00
Please issue a Change Order for this work as soon as possible. Call me with questions.
Sincerely,
Pool Construction,Inc.
Kent G. Wood
P.O. Box 21387 vi Eagan, Minnesota 55121
office: (651 ) 406-8424 ■ fax: (651) 406-8242
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POOL CONSTRUCTION INCORPORATED
21 June,2000
Tom Schaffer
USAquatics,Inc.
2355 Polaris Lane,Suite 110
Plymouth,MN 55447
Re: Shakopee Community Swim Pond
Liner Repair
REQUEST FOR CHANGE ORDER
The bid form for this project included a unit price item for Liner Repair that was bid at S 10.00/sf.
We replaced some very large portions of the liner that had a series of tears in it. I have included invoices that show
the total amount of material replaced was 18,000 sf as well as several photos taken April 276,2000. Showing some
of the areas that were replaced.
We realize that it is not possible to determine how much liner was damaged prior to removal of the sand versus how
much of the liner we damaged while removing the sand. However,we did replace approximately one third of the
entire liner. We believe that it would be fair to ask the Owner to pay for 12%of the total amount replaced at the
Contract Unit Price for a total of$21,600.00
•
Call me with questions.
Sincerely,
Pool Construction,Inc.
Kent G.Wood
P.O. Box 21387 s Eagan, Minnesota 55121
office: (651) 406-8424 s fax: (651) 406-8242
1s. 0, I,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of ADC Telecommunications,Inc. to rename a portion of Park
Place to`Broadband Boulevard"
MEETING DATE: August 1,2000
INTRODUCTION:
ADC has requested that a portion of Park Place from their current manufacturing facility to Valley
Park Drive be re-named`Broadband Boulevard." This is also the name of the street proposed in
ADC FIRST ADDITION,which is also being considered by the Council at this evening's meeting.
As the Council has previously discussed,the City of Shakopee does not have a policy that addresses
the selection of specific street names. Thus,it is in the Council's discretion to determine whether or
not to grant the requested change in street names.
ALTERNATIVES:
1. Approve the requested re-naming of a portion of Park Place to"Broadband Boulevard," and
direct staff to prepare an ordinance effecting that change.
2. Do not approve the proposed street renaming.
3. Table the request for additional information.
ACTION REQUESTED:
Offer and pass a motion consistent with the Council's wishes.
R. Michael Leek
Community Development Director
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07/27/00
isoj
CITY OF SHAKOPEE
Memorandum CONSENT
14
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Beth Thorp,Planner I
SUBJECT: Renaming of a Street within Southbridge 1st Addition
MEETING DATE: August 1, 2000
INTRODUCTION:
The Final Plat of Southbridge 1st Addition was approved by the City Council on April 1, 1998.
All street names for this development were approved at that time. The recorded Final Plat labels
one of the streets as Berksshire Circle, rather than the correct spelling of Berkshire Circle.
DISCUSSION:
Because the plat also contains Berkshire Court and Berkshire Lane, it is apparent that the spelling
of Berksshire Circle is incorrect and should be changed.
ALTERNATIVES:
1. Approve Ordinance No. 574, an ordinance renaming the street name of Berksshire Circle to
Berkshire Circle.
2. Do not approve Ordinance No. 574, an ordinance renaming the street name of Berksshire
Circle to Berkshire Circle.
ACTION REQUESTED:
Offer a motion approving Ordinance No. 574 and move its approval.
:eth orp
Planner I
gAcc\2000\cc0801\berkshire.doc
ORDINANCE NO. 574,FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE
RENAMING OF BERKSSHIRE CIRCLE TO BERKSHIRE CIRCLE WITHIN
SOUTHBRIDGE 1ST ADDITION
Section 1 - Berksshire Circle described below is hereby renamed Berkshire Circle:
All of Berksshire Circle lying within Southbridge 1st
Section 2 - 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 , 2000.
Mayor of the City of Shakopee
Attest: , City Clerk
Published in the Shakopee Valley News on the day of , 2000.
Prepared by:
City of Shakopee
129 Holmes St. S.
Shakopee, MN 55379
CITY OF SHAKOPEE
Memorandum 1110Mial
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Smart Growth Twin Cities Opportunity Site Application(s)
MEETING DATE: August 1, 2000
INTRODUCTION:
At its July 18th meeting Council directed staff to prepare an initial application for this program. A
copy of the request for proposal is attached for the Council's information. The deadline for
applications is 5 p.m., August 15, 2000.
Staff has identified 3 potential sites for applications. These sites are depicted on the attached
graphic(s), and are as follows;
• Old Shakopee Redevelopment Site - This site encompasses the Downtown,
First Avenue Corridor, and Minnesota River Corridor adjacent to these areas. From the
perspective of the"Smart Growth"project,this would seem to be an ideal site for a
number of reasons;
o It is an existing area of compact development that provides the opportunity for
additional infill residential, commercial, cultural, and recreational development.
o This area also provides the opportunity to make additional trail and sidewalk
development, and
o To identify transit connections that can be made with other providers such as
Scott County and Southwest Metro Transit.
A copy of the draft proposal for this area is attached the Council's information. This
proposal would be further refined before submittal to the Metropolitan Council.
• Shakopee Crossings Site - This site provides the opportunity to build on some of
the lessons learned in the Southbridge development, and could result in different
residential forms at greater density. In addition,it is an area that will have close access to
open space and recreational facilities that were identified as part of the Southbridge
project. Finally,this area is adjacent to a major employment travel corridor, and may
provide the opportunity to establish an additional park and ride site to serve peak hour
transit.
• South of 169 Site - This is an area that the Council has already identified for
"planned residential development." With the eventual development of 171 Avenue,this
area will be even more accessible to employment centers in the City, as well as having
good accessibility to retail,professional, and medical services.
ALTERNATIVES:
1. Direct staff to complete and submit applications for one or more of the sites identified above.
2. Direct staff to complete and submit applications for other sites that have not been identified.
3. Direct that no application be submitted.
ACTION REQUESTED:
Offer and pass a motion consistent with Alternative 1 or 2..
R. Michael Leek
Community Development Director
g:\C C\2000\Aug 1\SmartGrowthrpt.doc
reAatl
Metropolitan Council
Working for the Region, Planning for the Futures
LI JUL 7 I--- 1 P)
D 2000
dill
July 5, 2000
'3y
Dear Local Official:
The Metropolitan Council invites you to submit a proposal for an urban design
opportunity site that can demonstrate Smart Growth principles. The Council has recently
embarked on a very exciting new project called Smart Growth Twin Cities and would
like to work with four local governments as part of that project to develop detailed site
plans showing what Smart Growth looks like on the ground.
Calthorpe Associates, a nationally renowned urban design firm, has been retained by the
Council as lead consultant for the Smart Growth Twin Cities project. In the opportunity
site phase of their work the Calthorpe design firm would lead a series of"hands on"
community workshops in each of the four selected communities involving local residents,
property and business owners, and other stakeholders.
The consultant would also work with local officials on a client basis to complete a site
analysis evaluating development factors such as infrastructure and public facilities,
existing buildings, open space, environmental features, market and redevelopment
potential, and transportation implications. Alternative design concepts for the areas
would be developed into sketch plans and reviewed with the community, culminating in
selection of a preferred alternative. Once a preferred alternative has been selected, the
consultant would prepare illustrative site master plans, sketch modeling of transportation
impacts and other implications,before-after photo simulations, urban design standards,
and implementation strategies tailored to each opportunity site.
The fundamental commitment of the selected communities will be to provide the
consultant with base information about the opportunity sites, host the community
workshops, and be open to considering innovative Smart Growth design alternatives.
The Metropolitan Council will provide funding of the consultant's services.
Attached you will find application information, submittal format instructions, and
background information. The application deadline is August 15. If you have questions,
please contact Bob Mazanec, 651-602-1330. The Council hopes you will become its
partner in this exciting Smart Growth enterprise.
Sincerely,
Thomas C. cElveen
Director, Community Development Division
230 East Fifth Street St.Paul,Minnesota 55101-1626 (651)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888
Art Equal Opportunity Employer
Smart Growth Twin Cities
Opportunity Site Application Information
DEADLINE: 5 p.m. August 15; 2000
Opportunity site criteria:
■ Generally 20 acres-100 acres in size
■ Located within the Regional Blueprint urban area or urban reserve
■ In predevelopment phase
■ Potential for integrated and compact land use
■ Potential to be physically integrated and compatible with adjacent land uses
■ Potential to have sufficient population, jobs and activities to result in a
walkable environment that is or can be accessible by transit
■ Potential to enhance overall design quality such as architectural style and
building scale, features of historic significance or community identity, public
spaces that create a sense of place, convenience of pedestrian features
■ Potential for replication
■ Potential for public-private implementation partnerships
■ Potential for broad, extensive public involvement and a planning-
implementation process that can ensure successful implementation
■ Potential to leverage private and public resources for implementation
Submit application to:
Bob Mazanec
Metropolitan Council
Mears Park Centre
230 East 5th Street
Saint Paul, MN 55101-1633
1
Smart Growth Twin Cities
Format for Opportunity Site Applications
Page 1 Cover Sheet
■ Project Name
■ Applicant, City
■ Contact Person
❑ Address
❑ Phone, Fax, e-mail
Page 2 Briefly Describe the Project
■ Concept, goals, scope
■ Characterize the type of development under consideration
❑ Compact, mixed-use transit-oriented
❑ Compact, mixed-use to build capacity for future transit
❑ Mixed use development in urban/urbanizing area
❑ Cluster development in urban reserve
Page 3-5 Summarize Key Components
■ Proposed Density/Intensity of Uses
■ Mix of Uses
■ Housing Mix, Price Ranges
■ Employment Proximity
■ Housing, Job, Transportation Connections
Describe Site Features and Potential
■ How transportation, housing, commercial, employment, other uses will be
integrated, or residential types will be mixed
■ Linkages within the site and to adjacent sites/neighborhoods
■ How the area will serve/improve/provide access to employment,
transportation, housing, services, recreation, community or public spaces
■ What other resources are available to plan the site?
Attach Site Map
Include area map with site and transportation/transit identified, and site plan if
available.
4 SUBMIT FIVE PAGES ONLY, INCLUDING COVER SHEET, PLUS ONE OR MORE
MAPS/DIAGRAMS. PLEASE SEND TEN COPIES OF THE COMPLETE APPLICATION
WITH ALL MAPS AND DIAGRAMS.
Smart Growth Twin Cities Background Information
Building Models for Compact, Lifecycle Communities
Smart Growth Twin Cities opportunity sites are intended to be models for "Smart Growth" in
the urban and urbanizing parts of the region. Their purpose is to demonstrate new forms of
urban development that make better use of land and services already in place and that forge a •
stronger relationship between land use and transportation. By providing consultant services to
work with communities in planning and designing Smart Growth concepts for actual sites the
Metropolitan Council is offering an incentive-based partnership. Opportunity site models are
intended to focus on site planning and urban design in keeping with Smart Growth Twin Cities
project objectives and guiding principles.
Project objectives include:
• Interrelate development or redevelopment with transit,
• Intensify land use through appropriate densities and mixing of uses, including housing,
to support transit use, walking, biking and community interaction.
• Connect housing and areas of employment growth, and
• Provide an integrated mix of housing types and price or rent ranges within a
development.
Opportunity site models will help implement the goals of the Council's Regional Blueprint, Transit
2020 Master Plan, and Smart Growth. These goals include creating compact and efficient land
use patterns, job creation and economic development in the Urban Area, especially along transit
routes; using regional transportation investments to increase transit use and mixed-use
development; improving links among jobs, transportation and housing; and enhancing existing
neighborhoods and activity centers.
Smart Growth will look different in different parts of the region. The Metropolitan Council
encourages development patterns that are appropriate for the character of the various parts of
the region. Hence, different types of models are appropriate in different parts of the region.
In the region's core and other older areas, smart growth means redevelopment, rehabilitation or
inf ill. In developing areas currently without transit service, it means more compact residential
and mixed-use development or inf ill that can support future transit use and in the meantime
enable more trips by walking or biking. Whether served by transit or not, compact and mixed-
use development forms can create or enhance town centers and other gathering places and
destinations for community residents.
3
Smart development also means mixing housing types rather than placing them in separated
areas, and providing a range of housing from low and moderate-cost levels to higher-priced
housing. This creates lifecycle communities,allowing people to stay in their community as their
family needs change.
Smart Growth also means locating development in a way that preserves natural features and
open space. It also means compact, mixed development that improves the capability of urban
neighborhoods and villages to function more self-sufficiently with a balance of jobs, shopping,
services and life-cycle housing options.
Guiding Principles for creating smart growth models
Principle 1: Make Development Compact
• Connect rather than separate uses, to allow for functional relationships between
them.
• Build compact, efficient development appropriate to the location, with attention to
the design and relationships of structures to each other and natural features.
• Provide infill or retrofit land uses that result in more compact development.
Principle 2: Mix Uses
• Include a variety of uses and destinations -- shopping, work, restaurants,
entertainment, civic uses, cultural activities, parks and other public spaces, and a
variety of housing types and costs.
• Connect uses to transit, providing people with a way to get to jobs, services or
recreation other than driving.
Principle 3: Design for People
• Locate shops and other uses within walking distance of each other, and within walking
distance of transit, where available.
• Design streets for pedestrians and for cars. Orient businesses and other structures
to the street for pedestrian accessibility, and provide convenient parking to the side
or rear of buildings. This creates safe, pleasant walking environments.
• Provide places for people to gather--parks and other public open spaces, a central
place or neighborhood center that provides a focus for activities.
• Use design to make places safer, create amenities and improve livability.
H:\LIBRARY\COMMUNDV\2000\opp site application.doc 4
City of Shakopee,Minnesota
Smart Growth Twin Cities Opportunity Site Application
OLD SHAKOPEE REDEVELOPMENT PROPOSAL
Smart Growth Twin Cities Opportunity Site Application
Deadline: August 15, 2000
City of Shakopee, Minnesota
Contact: R. Michael Leek
Community Development Director
129 South Holmes Street
Shakopee, Minnesota 55371
Phone (952) 445-3650
Fax (952) 445-6718
E-mail: mleek@ci.shakopee.mn.us
1
City of Shakopee,Minnesota
Smart Growth Twin Cities Opportunity Site Application
CONCEPT/GOALS/SCOPE:
The City of Shakopee, Minnesota is a historic city established in the 1850's and located on
the southern banks of the Minnesota River. Until the 1980s Shakopee was identified by
the Metropolitan Council as a"Freestanding Growth Center." With further expansion of
the Metropolitan Area,the city is now identified as a"developing suburb." Nonetheless,
the city is easily distinguishable from other"developing suburbs"because of its historic
and healthy downtown district. The Downtown,located south of the intersection of STH
101/212 and C.R 69, is characterized by mixed-use development, and is surrounded by
higher-density, small lot residential development.
With the opening of the"new"Bloomington Ferry Bridge and STH 169 in the fall of 1996,
Shakopee began to experience ever-more suburban-style development to the south, with its
attendant pressures for businesses to locate near STH 169. Because the Shakopee City
Council is committed to maintaining the vitality and viability of its established urban core,
it has taken numerous steps to insure the viability of the City's historic downtown. These
steps have included the following;
1. River City Centre - The City entered a partnership to successfully redevelop
two blocks of downtown into a mixed commercial/residential project that architecturally
echoes the remaining historic buildings in the district. Completion of this project has
spurred private investment in downtown,including the rehabilitation to historic appearance
of the original"Rock Spring Café."
2. Vision Shakopee - The City helped organize and staff this "grassroots"effort
to develop a vision for the future of Downtown Shakopee.
3. Commercial and Residential Rehabilitation Programs - The City
successfully obtained block grant funds to be used for rehabilitation of commercial and
residential buildings in and near the downtown district.
4. Riverfront Planning - The City has spearheaded efforts to open up the riverfront
within Shakopee by establishing Huber Park,working with Murphy's Landing(which is on
City-owned land)to secure funds for the rehabilitation of the historic inn and possible river
connection to the Eden Prairie trail system).
5. Mini-Bypass - In the mid-1990's the City worked with Scott County and the
Minnesota Department of Transportation to divert major highway traffic away from the
main shopping street,thereby promoting pedestrian traffic in downtown.
GOALS:
1. Develop a master plan for redevelopment of Downtown Shakopee,the City's
riverfront, and adjacent First Avenue Corridor, including the following;
a. Identification of additional trail and sidewalk connections area;
b. Identification of possible, additional redevelopment sites area;
c. Identification of possible transit hub locations for City dial a ride and
express bus services;
d. Development of regulations that allow higher density and mixed use
projects within the plan area, as in the existing downtown zoning district.
2
City of Shakopee,Minnesota
Smart Growth Twin Cities Opportunity Site Application
NEXT STEPS: *Develop an RFP for planning services
*Inventory uses in the project area
PROJECT COMPONENTS/THRESHOLD CRITERIA:
Potential to Result in a Demonstration Model:
The project area is already a"walkable"environment, and the project will enhance its
character as a denser, mixed-use area accessible both by pedestrians and by transit. The
project already has broad community support in the form of VisionShakopee!, a grassroots
planning effort underway in the City.
Regulatory and Implementation Solutions and Strategies:
The project is intended to result in the changing of land use regulations and design
standards to implement the goals of the project. That such changes can be effective in
making the project ultimately successful is demonstrated by the City's existing downtown
zoning district, which has allowed redevelopment to occur in the City's historic core
Replication:
The joint effort that resulted in River City Centre is already being replicated by other
communities (e.g. Savage)in their downtowns. The elements of the project will easily
provide models for other communities in the Region that are dealing with riverfront and
mixed use development/redevelopment issues.
Partnerships, Community Participation
As stated in the Concept portion of this proposal,the project area is already the site of
numerous partnerships, including VisionShakopee!,River City Centre,the Mini-Bypass,
and others.
3
City of Shakopee,Minnesota
Smart Growth Twin Cities Opportunity Site Application
PROJECT FEATURES
Significant features of the proposed project include;
• Integration of Downtown and riverfront planning;
• Identification of trail linkages needed to connect Downtown Shakopee,Huber
Park, Memorial Park, and Murphy's Landing to the rest of Shakopee, Scott
County, and the Regional Trail system.
• Identification of potential redevelopment sites for targeting of investment for
additional mixed use or higher density residential development(ranging from
5-18 dwelling units per acre).
• Identification and establishment of a transit connection with Old Shakopee that
could serve not only users of Shakopee Area Transit,but also Scott County
Transit and Southwest Metro Transit.
• Additional opportunities for partnering by the City with
o Scott County HRA
o Scott County
o Murphy's Landing
o Minnesota Department of Natural Resources
o Minnesota Department of Transportation
o Southwest Metro Transit
4
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CITY OF SHAKOPEE
Memorandum _NIi
®���
To: Honorable Mayor, City Council
Mark McNeil, City Administrator
From: Dan Hughes, Chief of Police j�'
Date: July 28, 2000
Subject: Successful Completion of Probation
Introduction
The Police Department is taking this opportunity to notify the City Council that the
services of Erron Balfanz have been satisfactory and recommend he be retained in the
position of Police Officer as authorized by SectionVlll,paragraph H-4 of the Personnel
Handbook.
Background
The City Council authorized the appointment of Erron Balfanz to the position of
probationary police officer on August 2, 1999. Erron Balfanz has performed the duties
and responsibilities of this position in a satisfactory manner during his probationary
period.
Action Requested
In Council concurs, they should,by motion acknowledge the satisfactory completion of
probation and authorize the retention of Erron Balfanz as Police Officer effective August
2, 2000.
CITY OF SHAKOPEE �?
Memorandum C®NsEN
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Sergeants Contract—2000 Cost of Living Adjustment
DATE: July 27, 2000
INTRODUCTION:
The Council is asked to approve a cost of living adjustment for the Police Sergeants
bargaining unit for 2000.
BACKGROUND:
The City is in the third year of a three-year contract with the Police Sergeants bargaining
unit,represented by Local 320 of the Teamsters Public and Law Enforcement Employees
Union. The only"reopener"for years two and three of the contract was that the pay plan
would be adjusted
"by cost of living increase equal to the average percentage increase for the
Stanton Group Six Cities(10,000—25,000 population). This would be based
upon the average of those contracts settled by July 1st of the year in question; any
increase would be retroactive to the beginning of the year."
As of July 1st,there were eleven cities whose first line Police supervisors had settled
contracts. In averaging those increases,the increase is 3.85%.
BUDGET IMPACT:
Adjustments for employee wages were provided for in the 2000 operating budget. Note
that the Sergeants unit has three members.
RECOMMENDATION:
I recommend that the City Council approve the modification for the 2000 Pay Plan for
Police Sergeants by granting a 3.85% increase.
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize the appropriate City officials to
execute modifications to Appendix A for the year 2000, for the Police Sergeants
Bargaining Unit of Teamsters Local 320.
Mark McNeill
City Administrator
MM:tw
Ub/U1/2000 .
MONTHLY BASE RATE (EXCLUSIVE OF LONGEVITY)
• FOR POLICE DEPARTMENT FIRST-LINE SUPERVISORS
STANTON GOUP V&VI
Community Pop 1994 1995 1996 1997 1998 1999 2000 2001
STANTON GROUP V
1 Bloomington 88,070 $4,096.00 $4,287.00 $4,427.00 $4,585.00 $4,723.00 $4,878.00 NS
2,5 Brklyn Park 62,499 $3,952.59 $4,030.75 $4,141.15 $4,265.35 $4,393.35 $4,525.15 NS
1 Plymouth 61,620 $4,272.00 $4,392.00 $4,524.00 $4,660.00 $4,800.00 $4,944.00 $5,187.61 $5,343.17
2,7 Coon Rapids 61,260 $4,040.00 704,120.83 $4,294.25 $4,430.67 $4,590.08 $4,766.25 NS
Eagan 57,757 $4,161.73 $4,354.13 $4,484.13 $4,619.33 $4,757.91 $4,888.75 NS
1 Burnsville 57,578 $4,251.00 $4,399.00 $4,531.00 $4,701.00 $4,842.00 $4,987.00 $5,137.00
Minnetonka 52,716 $4,277.87 $4,388.80 $4,511.87 $4,638.40 $4,773.60 $4,912.27 $5,059.58 $5,212.08
1 Eden Prairie 49,287 $4,163.47 $4,288.27 $4,395.73 $4,517.06 $4,697.33 $4,908.80 $5,103.69
1,5 Edina 47,113 $4,380.96 $4,490.42 $4,625.17 $4,763.92 $4,906.84 $5,054.00 $5,205.62
5 Maple Grove 45,181 $4,482.50 $4,647.00 $4,795.50 $4,898.17 $5,045.08 $5,306.68 $5,465.88 $5,629.86
St Louis Park 43,967 $4,333.33 $4,618.17 $4,864.17 $5,011.50 $5,152.12 $5,306.68 $5,465.88 $5,629.86
1 Blaine 43,487 $4,068.00 $4,210.00 $4,336.00 $4,488.00 $4,623.00 $4,808.00 $5,000.00
1 Apple Valley 42,617 $4,334.58 $4,472.75 $4,606.92 $4,745.13 $4,887.48 $5,034.00 $5,185.00
1,2 Lakeville 37,303 $3,544.67 $3,808.13 $4,109.73 $4,232.80 $4,425.20 $4,535.83 $4,649.23
1,2,5 Woodbury 35,720 $3,863.00 $4,019.83 $4,140.50 $4,466.08 $4,663.83 $4,803.75 $5,030.33
1 Maplewood 34,771 $4,039.56 $4,180.94 $4,306.37 $4,457.75 $4,591.48 $4,683.31 $4,823.81
1 Richfield 34,470 $4,258.03 $4,386.62 $4,541.25 $4,677.49 $4,817.81 $4,962.34 $5,111.21
1,2 Roseville 34,194 $3,823.47 $3,989.68 $4,109.00 $4,224.00 $4,350.72 $4,481.24 $4,546.24
1 Cottage Grove 30,094 $4,182.00 $4,308.00 $4,437.00 $4,571.00 $4,708.00 $4,849.16 NS
1 Brooklyn Center 28,515 $4,855.00 $4,982.00
1,5 Fridley 28,267 $4,213.73 $4,340.17 $4,460.99 $4,577.92 $4,715.25 $4,856.34 $5,002.03
3 Ivr Grove Hgts 27,917 $4,167.00 $4,271.00 $4,396.00 $4,527.88 $4,663.72 $4,836.95 $5,026.24 1
1,2,5 White Bear Lk 26,152 $4,159.00 $4,273.17 $4,394.92 $4,526.83 $4,662.63 $4,837.50 NS
1,6 Oakdale 25,419 $4,098.00 $4,220.67 $4,347.20 $4,477.20 $4,600.26 $4,733.73 $4,874.93
A*:04ges for V $4 325,57 $.4..,282 49 $4.445 21 ;$4 567 93 $4,712 fid $4,864:78 $5 947.57 ;1$5,453:74
STANTON GROUP VI
1,2 Crystal 23,651 $3,876.00 $3,992.00 $4,112.00 $4,235.00 $4,362.00 $4,493.00 $4,628.00
7 New Brighton 22,768 $3,991.49 $4,090.78 $4,193.05 $4,339.91 $4,470.11 $4,650.26 g�8� .5;6
New Hope 21,658 $4,192.48 $4,329.03 $4,454.67 $4,602.00 $4,740.00 NS NS
Golden Valley 20,986 $4,353.52 $4,491.00 $4,621.00 $4,789.00 $4,933.00 $5,106.00 $5,259.00
1,2,4 Champlin 20,307 $4,020.42 $4,223.85 $4,346.34 $4,324.23 $4,458.28 $4,587.62 $4,725.25 $4,867.01
1,2 West St Paul 19,496 $3,809.05 $3,921.42 $4,031.22 $4,153.07 $4,281.82 $4,418.84 NS
1,7 Columbia Hgts 18,699 $4,052.00 $4,163.00 $4,277.00 $4,405.00 $4,537.00 $4,696.00 $4,860.00
1 Anoka 17,831 $4,204.00 $4,309.00 $4,438.00 $4,571.00 $4,708.00 $4,849.00 $4,994.00 $5,144.00
1 Hastings 17,268 $3,590.00 $3,697.00 $3,817.00 $3,931.00 $4,152.00 $4,380.00 $4,626.00 $4,776.00
1,2,7 Hopkins 16,559 $3,867.29 $3,983.31 $4,102.81 $4,226.41 $4,353.20 $4,483.80 NS
1 Savage 16,002 $3,779.99 $4,073.50 $4,175.33 $4,300.58 $4,429.58 $4,651.00 $4,884.00
1 Shakopee 15,311 $3,641.05 $4,150.00 $4,278.65 $4,404.87 $4,514.99 $4,676.18 TBD
1 Chaska 14,817 $3,927.39 $4,035.39 $4,281.00 $4,431.00 $4,577.00
1,2 Prior Lake 14,319 $4,117.00 $4,117.00 $4,368.00 $4,508.00 NS
1 Robbinsdale 14,179 $4,090.50 $4,213.22 $4,339.62 $4,469.81 $4,603.90 $4,742.02 $4,884.28
Mounds View 12,854 $4,212.21 $4,336.25 $4,465.07 $4,599.02 $4,736.99 $4,879.10 NS
1,7 No St Paul 12,780 $3,948.50 $4,106.44 $4,250.17 $4,377.68 $4,509.01 $4,644.28 c41.9 2
1,2 Rosemount 12,772 $3,903.67 $4,020.75 $4,181.58 $4,317.50 $4,490.17 $4,658.58 $4,821.67
Averages for VI $3,972.24 $4,118 76 $4,237 63 '$4,35045 $4,494 8Q $4,637:19 $4,835.46 $4 902 1.7
AVE..RAGES:V 4VI $4,176.80 $4,212 90 $4,345 49 ?;.$4 472.45 $4,617 00 $4,770.49 $4;976.87 $5,177;96
Populations as found in the League of Minnesota Cities 1999 Directory of Minnesota City Officials
1 Eligible for overtime pay
2 Eligible for longevity pay
3 Iver Gry Hgts: Longevity built into wages.
4 Champlin: New base rates established due to Longevity effective 1/1/97.
5 Non-Union
6 Moved to Group V as of 1/1/00
7 Eligible for Deferred Comp.
8 Roseville:7/1/00:$4,682.63
NS Not Settled
I
APPENDIX A
MONTHLY WAGES
1998
SERGEANTS
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
80% 85% 87.50% 90% 92.50% 95% 97.50% 100%
$3,612.00 $3,837.74 $3,950.62 $4,063.49 $4,176.36 $4,289.25 $4,402.12 $4,514.99
For 1999 and 2000, pay plan shall be adjusted by a cost of living increase equal to the average
percentage increase for Stanton Group Six Cities (10,000 - 25,000 population). This would be
based upon the average of those contracts settled by July 1st of the year in question; any increase
would be retroactive to the beginning of that year. The anniversary date for future step increases
will be June 1.
1999
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
80% 85% 87.50% 90% 92.50% 95% 97.50% 100%
$3,740.95 $3,974.75 $4,091.65 $4,208.56 $4,325.46 $4,442.37 $4,559.27 $4,676.18
2000
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
80% 85% 87.50% 90% 92.50% 95% 97.50% 100%
$3,884.98 $4,127.78 $4,249.19 $4,370.59 $4,492.00 $4,613.40 $4,734.81 $4,856.21
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day
of ,2000.
FOR THE CITY OF SHAKOPEE FOR TEAMSTERS,LOCAL NO. 320
Mayor Union Steward
City Administrator Local 320 Representative
City Clerk
S. F. 1 .
City of Shakopee
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Tracy Coenen, Management Assistant
SUBJECT: Refuse and Recycling Survey Results
MEETING DATE: August 1, 2000
Introduction
In an attempt to measure community satisfaction with Waste Management's current
refuse and recycling services, City staff conducted a mail in City wide random survey.
521 households were randomly selected,thereby, surveying 7%of the City's households.
25%, 129, of the households surveyed responded. In order to effectively measure results
of a mail in survey, at least 15%of the households needed to respond,thus the City
exceeded such surveying standards.
Service industry standards indicate that the service provider, Waste Management, should
receive at least a 90%or higher satisfaction rate to be effectively providing service to
Shakopee residents.
Background
Shakopee households as a whole wanted the organized system of garbage and recycling
collection to be maintained. Residents emphasized their desire for only one truck in a
neighborhood at a time,thus reinforcing the organized system of refuse and recycling
services.
Waste Management did not meet the 90%or higher satisfaction rating in any of the
service categories.
Survey Highlights
Of the households surveyed:
o 72%preferred an organized system for garbage service.
o 65%preferred an organized system for recycling service.
o The majority(65%)of households wanted garbage haulers to pick up garbage
only one day a week in their neighborhood.
o 84% of households have not experienced any problems with their billing.
o Only 40%of households believed the rates seem fair for the garbage collection
provided.
o 79%of the households were happy with their garbage service,but even less
satisfied with specific garbage service areas. 43%were dissatisfied with the
neatness of the garbage collection, 72%were satisfied with the over all quality of
1
garbage service, only 54%were satisfied with the courtesy of the driver and 84%
were at least satisfied with the reliability of the garbage service.
o Of the residents that contacted Waste Management this year with a garbage
problem, only 25%were at least satisfied with the outcome.
o Households appeared to be divided on their current garbage rates. 40% felt the
rates were fair, 12%felt the rates were fair, but service levels need to be
increased, 23%felt rates were high,but understand environmental protection has
caused an increase in disposal costs and 17%felt rates were too high.
o Only 58% of households were at least satisfied with the neatness of recycling
collection, 69%were at least satisfied with curbside recycling service, 72%were
at least satisfied with reliability and only 43%were satisfied with the courtesy of
the driver.
Action Required
Council is asked to direct staff to prepare options for RFP for organized collection of
refuse and recycling services.
Tracy Coenen
Management Assistant
2
/S; F. Z.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Youth Building Architectural Study
DATE: July 26,2000
INTRODUCTION:
The Council is asked to approve a contract with JEA Architects to review and
recommend options for possible remediation work at the Shakopee Youth Building,the
log structure located in Lions Park.
BACKGROUND:
Earlier this year,the City Council authorized GME consultants to perform an engineering
analysis of the Youth Building at Lions Park. A copy of the report is attached. To
summarize, since the building was constructed approximately 13 years ago, it has
experienced significant moisture problems, for which GME was asked to review and
investigate possible solutions. In doing their work,they determined that there are a
number of structural problems that will not be easy to resolve. One of the major concerns
is that the log walls bear directly on the perimeter of the plywood floor,which is
supported by untreated wood blocking on the masonry wall (that untreated wood which is
exposed to moisture is deteriorating).
Because of the weight of the logs, and the natural movement of this type of structure, it is
creating stresses on door and window openings, and is causing the main floor to "crown"
in the middle (where it is supported by steel columns), so that the center of the floor is
about an 1"to 1Y2"higher than the level of the floor at the perimeter walls.
In addition to this and other structural problems,there are also some handicapped
accessibility and other issues which should be addressed. This may mean a complete
reconstruction of bathrooms, and likely a removal of the kitchen, as it does not meet
commercial standards.
Architect Jack Anderson has met with staff and Councilor Link to review the building.
He was directed to put together a cost proposal to analyze the building and provide an
estimate as to remedy the building problems, and maintenance and code issues.
BUDGET IMPACT:
The proposal for the work is $4,950. Of that, $2,000 is being estimated for structural
engineer review, which would be billed on an hourly basis.
The source of the funding for this would have to come from a budget amendment(the
same as the funding for the original GME study). When it is determined how the
structure will be rehabilitated, and the estimated cost of the repairs and maintenance are
known, a decision would have to be made at that time as to how best to fund those
improvements.
RECOMMENDATION:
I recommend that JEA Architects be authorized to analyze and provide cost estimates for
remedial work at the Youth Building.
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize the appropriate officials to execute
an AIA document with JEA Architects for a study of the existing Youth Building,
provide plans and recommendations, with cost estimates, for remedial work.
V
Mark McNeill
City Administrator
MM:tw
CC: Mark McQuillan
�E
A ARCHITECTS
ARCHITECTURE ■ LANDSCAPE DESIGN ■ SPACE PLANNING
July 21, 2000
Mark H. McNeill
City Administrator
Shakopee City Hall
129 Holmes Street South
Shakopee, MN 55379
Re: Scope of Services for Shakopee Log Building Community Center Study
Dear Mark:
On behalf of JEA Architects,I appreciate the opportunity to submit a Scope of Services for the Shakopee
Log Building Community Center Study.
We have tailored our Scope of Services pursuant to our research, site visitations and site meeting. The
enclosed information should give you a good feel for what we anticipate for the scope of work and
includes our preliminary fee proposal. Note that the structural engineer fee is relatively high. This is due
to the existing problems with the building.
We hope that our proposal is favorably received and look forward to hearing from you soon.
Thank you!
Sincerely,
4‘74/ /11
Jack Edward An•ers• AIA, CID
President
/kda
enclosure
JACK EDWARD ANDERSON ARCHITECTS, INC. 33 TENTH AVE.SO.,SUITE 250 HOPKINS, MN 55343 (612)935-5164 FAX(612)935-2102
UE
A ARCHITECTS
HIGHLIGHTED SCOPE OF SERVICES FOR THE
SHAKOPEE LOG BUILDING COMMUNITY CENTER STUDY
The project team will work carefully with the City Staff to establish specific project requirements, of which key
items are highlighted below.
I. EXISTING BUILDING STUDY
• Architectural and Engineering site/building review
• Review the existing GME Engineer Report
• Code verification
• Report of existing building
• Cost estimate to remedy building problems and maintenance issues
• Summary Report including recommendations and conclusions
• Presentation to City Staff
JE
A ARCHITECTS
PRELIMINARY FEE PROPOSAL
SHAKOPEE LOG BUILDING COMMUNITY CENTER STUDY
I. Existing Building Study
The fee for the Work Scope indicated will be hourly, not to exceed the following:
Architectural $ 2,400
Mechanical and Electrical Engineering 550
Structural Engineer(See G. Below) 2,000
Total $ 4,950
II. Additional Notes
A. Additional costs include additional service reimbursables(mileage, prints, photocopies,etc.)
B. Additional Services would be provided on an hourly basis, at the rates attached.
C. Testing of existing materials(such as hazardous,structural or existing roof materials),
if required,will be provided by the City.
D. Site surveys will be provided by the City.
E. JEA Architects will enter into the AIA agreement with the City appropriate for the project.
F. Hourly Rates schedule is attached.
G. Due to the complexity of the structural issues,the fee estimate from
the structural engineer is to be hourly and is estimated at$2,000 maximum.
%E
A ARCHITECTS
HOURLY RATES AND REIMBURSABLES
ARCHITECTURAL
Principal/Project Manager $105
Project Architect $85
Senior Technician $65
Technician $45
Clerical $35
STRUCTURAL ENGINEER
Project Manager $100
Project Engineer $85
Designer $65
Drafter $45
4
MECHANICAL/ELECTRICAL ENGINEER -
Project Manager $100
Project Engineer $80
Designer $65
Drafter $55
Reimbursables required will be billed as follows:
a. Reproduction ($1.00 per 24 x 36 sheet and $0.25 per 8 1/2 x 11 copy)
b. Messenger/delivery (1.12 x cost)
c. Travel ($0.35 per mile)
d. Faxes ($1.00 each)
e. Long distance telephone calls (1.12 x cost) '
f. Photography (1.12 x cost)
g. Art materials(presentation boards etc.) (1.12 x cost)
r
1
CONSULTING ENGINEERS
May 25, 2000 14000 21st Ave. No. / Minneapolis, MN 55447
Phone (612) 559-1859 / Fax (612) 559-0720
Mr. Mark McNeill
City Administrator
City of Shakopee
129 South Holmes Street
Shakopee, Minnesota GME Project No. 8853
RE: Report of Engineering Services performed at the Community Youth
Building in Lions Park in Shakopee, Minnesota
Dear Mr. McNeill:
We have completed the geotechnical exploration and forensic examination for
the above referenced project. This work was performed in accordance with
your acceptance of our written proposal dated February 29, 2000. This report
presents the results of our testing and observations.
BACKGROUND INFORMATION
The existing Youth Building was constructed in 1987. As you explained, the
building was constructed by volunteer labor; an Architect or Structural
Engineer did not design the building, and quality assurance testing was not
performed during construction.
The building is 40 feet by 60 feet in plan dimensions. There is a full-depth
basement, with the floor slab about 10 feet below the first floor. There is
an exit door and stairwell on the south side of the basement. You explained
that due to persistent humidity problems in the basement, the furring and
basement sheetrock walls have been removed. The floor tiles on the first
floor have curled, and in one area have disadhered.
You indicated that the building is generally occupied on a part-time basis
and used more often during the winter months. The building has been heated
each winter.
On February 24, 2000 a representative of GME observed the building with you.
During the site visit we observed signs of structural distress consisting of
stair step cracks in the corners of the masonry foundation walls. The
building foundation design is unknown with respect to bearing pressure,
footing widths, reinforcement and depth of embedment. We estimate that the
bottom of footing is about 2 feet below the top of the basement slab. The
condition and preparation of the footing base soils, backfill type and degree
of compaction is unknown.
You reported that the grading around the perimeter of the building was
recently changed to promote positive drainage away from the building. You
also indicated that prior to regrading, the water discharged from the sump
pump had drained back against the foundation wall. A sump basket and pump .
are located at the southeast corner of the basement; however, the extent of
the sub-floor or perimeter drainage system is unknown.
WILLIAM C. KWASNY, P.E. THOMAS P. VENEMA, P.E. WILLIAM E. BLOEMENDAL, P.E.
GREGORY R. REUTER, P.E. CHARLES M. ALL000D, P.E. TAMMY A. LANDERS, P.E.
MARK D. IVIILLSOP, P.G. TIMOTHY F. McGLENNEN STEVEN J. RUESINK, P.E.
BRYAN J. RIPR P.E., P.G. ERIN J. O'BRIEN, P.E.
An Equal Opportunity Employer
Mr. Mark McNeill 2 GME Project No. 8853
Cityof Shakopee
We were requested to evaluate possible causes of the tile delamination,
foundation cracks, and deterioration of the sheetrock and furring in the
basement.
INVESTIGATION
On April 30, 2000 we drilled two soil borings, at the northeast and southwest
corners of the Youth Building. The borings were located within 5 feet of the
building. The soil borings were drilled to evaluate the soil conditions and
to aid in our assessment of the structural damage noted during our site
visit. On March 7, 2000, we conducted an investigation to explore the
possible causes of the floor tile delamination, and humidity problems
associated with the reported basement sheetrock deterioration.
Structural Distress
The foundation walls of the Youth Center consist of 13 courses of 12 inch
masonry units. We attempted to view the interior cores of the masonry
foundation walls for signs of water infiltration, using our remote viewing
fiber optic scope. However, the foundation walls are core-filled with the
exception of the wall east of the south exit door. We noted stair step
cracks in the corners of the masonry foundation walls; at the northeast
corner; the vertical cracks were open approximately inch. The top course
of masonry block was displaced inch outward; it appears that this might
have been done during construction. We noted vertical cracks through the
block along the east foundation wall.
Wood trusses support the first floor, which consists of inch plywood
underlayment (likely end-butted) . The ends of the trusses bear on 2 x 10
untreated wood blocking on top of the masonry foundation walls, and are
supported at midspan on a steel beam. The ends of the 60 foot long steel
beam bear on the north and south foundation walls, with four interior steel
columns. It is unknown if individual column pads support the columns, or if
they bear directly on the concrete floor slab. The basement floor slab is
cast on-grade.
The above-grade portion of the structure consists of log construction. The
logs bear directly on the perimeter of the plywood floor, which in turn is
supported by untreated wood blocking on the masonry wall. In our opinion,
this is an unusual type of support. The only load on the interior columns
probably is from the first level floor trusses and any live load. It
appeared that the perimeter of the first floor level is about 1 to 1-1/4
inches lower than the center of the floor; elevation measurements that we
shot with a surveyor's level verify this condition. We also observed
daylight between several of the logs, predominantly at the corners of the
building; no chinking was present in these openings.
The exit door located at the southwest corner of the building was racked and
the plywood floor immediately in front of the door was deteriorated. We also
noted a significant vertical separation between the logs outside the corners
of the first level southwest and east doors.
GME CONSULTANTS.INC.
Mr. Mark McNeill 3 GME Project No. 8853
City of Shakopee
Soil Conditions
We encountered 2 feet of topsoil consisting of dark brown sandy silt, over 8
to 10 feet of loose to medium dense sand fill with trace amounts of organic
soils. The fill was underlain by silty sandy clay, clayey sand and silty
sand from 12 to 15 feet, the zone probably affected by the footings. These
soils varied from stiff to soft. The borings were terminated at a depth of
30 feet below grade.
We estimate the footings bear at about 12 feet below grade. Based on the
results of our soil borings, the footings probably bear on loose silty sand
and or soft/firm sandy clay fill.
Forensic Investigation
We noted that the discharge line of the sump pump in the basement is located
on the east side of the building; draining water at about 5 feet from the
exterior wall. The grade around the building is bermed up about 3 feet
against a plywood skirt around the perimeter of the building. This s treated
plywood skirt recently replaced an untreated skirt.
The first level plywood flooring extends out under the exterior log walls
about 1 inch. The plywood flooring of the first level was rotted immediately
in front of each door. We also noted water stains at the ends of the floor
trusses, predominately below the first level doors. We noted gaps between
the plywood skirt around the perimeter of the building and the plywood
flooring. At one location we were able to peel back the plywood skirt where
we observed a strip of poly sheeting behind the skirt. In our opinion, this
method of installation was inadequate to retard water infiltration.
We were unable to assess the condition of the building material behind the
plywood skirt. Therefore, it is unknown if the exposed rim joist has been
subjected to wetting and drying. We previously recommended digging test pits
at two locations to expose the exterior of the foundation wall to verify if
waterproofing is present and installed correctly. However, you chose not to
perform this testing. We also noted a gap below the basement exit door where
a plastic dam was glued to the floor immediately in front of the door leading
to the sump basket. Daylight was also observed through a vertical control
joint in the masonry foundation wall above the basement exit door.
We performed water vapor transmission (WVT) testing to evaluate the rate of
vapor transferring through the basement concrete floor slab every day. The
results of our testing indicate WVT rates on the order of 1.9 to 2.4 pounds
of water per 1000 square feet per day (#/ksf/day)
DISCUSSION
Structural Distress
At this time we cannot determine if the perimeter of the building settled, if
the interior columns heaved (by frost action if the basement of the building
was not heated during one or more winters) , or if the building was just
constructed poorly. The mortar joint between the 1st and 2nd courses of block
indicates poor construction methods. However, it is unknown if the blocks
GME CONSULTANTS INC.
Mr. Mark McNeill 4 GME Project No. 8853
City of Shakopee
were installed this way or if the blocks were moved sometime after
construction and were repaired this way. The stair step cracks in the
corners of the building and first floor camber could be the result of
inadequate soil support at footing elevation, frost heave or poor
construction technique. In our opinion, it is unlikely that the building
settled excessively after construction, considering the amount of soil stress
relief from the basement excavation. However, if the base soil was disturbed
during footing construction, settlement of the perimeter walls could have
occurred. This would explain the crowning of the plywood floor. The
interior columns should not have heaved if the building were heated during
winter months.
The exit door that is racked is the result of the perimeter wall settlement.
Also, shrinkage of the logs has caused the doorframe to bear the dead load of
the logs and roof, causing downward deflection of the door and frame. The
gaps noted between timber log courses, mostly at the corners of the building,
is the result of shrinkage of the logs. Log buildings require on-going
maintenance to replace chinking, and adjust door and window frames.
Water Infiltration
Based on our forensic investigation, it is evident that the Youth building
has suffered distress resulting from severe water infiltration. In our
opinion, the excessive humidity problems are also the result of water
infiltration. The method in which the first level plywood floor was
installed is not standard practice, where the logs bear on the plywood. The ,
perimeter of the plywood floor has rotted as a result of water cascading down
the sides of the exterior walls during rain events. Furthermore, water
cascading down the exterior walls likely drains between the exterior skirt
and enters the basement. The water-stained floor trusses indicate that water
has likely infiltrated between the exterior plywood skirt and plywood
flooring.
The gaps noted between the logs would permit water infiltration, especially
from wind driven rain.
The results of WVT testing indicate the vapor transmission through the
concrete floor slab is not sufficient enough to raise the humidity level of
the building to a degree that would deteriorate sheetrock. The 12 inch by 12
inch floor tiles have probably curled and delaminated as a result of wetting
of the plywood floor. The wetting would have occurred by a combination of
water infiltration and possible heavy mopping during cleaning. We noted that
the floor tiles are in relatively good condition in the storage room and
mechanical areas, where mopping is not likely be performed frequently. It is
our understanding that the humidity of the basement has decreased
significantly since the grade around the perimeter of the building was raised
in 1999.
RECOMMENDATIONS
Structural Distress
The settlement/heave of the structure appears to be uniform around the
perimeter. However, differential settlement/heave between the interior
column pads and perimeter footings has occurred on the order of 1 to 1-1/4
GME CONSULTANTS,INC.
Mr. Mark McNeill 5 GME Project No. 8853
City of Shakopee
inches. Cutting and shortening the interior columns to match the elevation
of the perimeter foundation wall could repair this distress.
We strongly recommend replacing and changing the wood blocking on top of the
masonry wall, so that the logs bear on the blocking and not on the plywood
underlayment. The trusses should also bear on new treated blocking. If the
camber of the floor is tolerable, the first floor does not need to be
releveled. However, we recommend replacing the underlayment using tongue-
and-groove plywood, after the logs bearing on the masonry walls are
corrected. We recommend that the loose mortar joints at the corners of the
building be routed out and tuckpointed.
Water Infiltration
We recommend that the entire building be re-chinked to deter air and water
infiltration between the logs. We recommend that the plywood skirt be
removed so we can assess the condition of the below-grade building materials
for wetting. If rotting or wetting is observed, we recommend replacing the
deteriorated materials with pressure-treated dimensional lumber. Flashing
should be install around the base course of logs to alleviate water
infiltration at the first floor. Since the condition and type of connection
behind the skirt is unknown, we are unable to recommend a flashing detail at
this time.
Standard of Care
The conclusions and recommendations presented in this report represent our
professional opinions. The geotechnical engineering and forensic
investigation preformed for this project have been conducted in a manner
consistent with that level of skill and care ordinarily exercised by other
members of the profession currently practicing in this area under similar
budgetary and time constraints. No other warranty, expressed or implied, is
made.
If you have any questions regarding this report or need further assistance,
please contact us. We would be pleased to meet with you to review this
report and help preparing repair details.
Sincerely,
GME CO _ _ S, - 1 /
#4
. e Brie . . iam f . asny, P.
Projec Engineer Principa Engineer/P410dent
Enclo ures: Soil Boring Location Diagram
General Notes
Soil Boring Logs
Unified Soil Classification Chart
Cross-Section of Building
GME CONSULTANTS,INC.
•
3-1
40 ft. �
A
O Q�
3-2
GME CONSULTANTS. INC. rpm SOIL BORING LOCATION DIAGRAM
Geotechnical • Materials • Environmental COMMUNITY YOUTH CENTER
14000 21st Avenue N. E AiM= SHAKOPEE, MINNESOTA
Minneapolis. Minnesota 55447
(612) 559-1859 EOB WCK 05/00 GME Project Na 8853
GENERAL NOTES
DRILLING & SAMPLING SYMBOLS:
SL : SS with Liner
SS : Split Spoon— 13/8" I.D.,2" O.D., unless OS : Osterberg Sampler—3"Shelby Tube
otherwise noted HS : Hollow Stem Auger
ST : Shelby Tube—2"O.D.,unless otherwise noted WS : Wash Sample
PA : Power Auger FT : Fish Trail
DB : Diamond Bit—NX: BX:AX RB : Rock Bit
AS : Auger Sample BS : Bulk Sample
JS : Jar Sample PM : Pressuremeter test—in situ
VS : Vane Shear
Standard"N"Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch OD split spoon, except
where noted.
WATER LEVEL MEASUREMENT SYMBOLS:
WL : Water Level
WCI : Wet Cave In
DCI : Dry Cave In
WS : While Sampling
WD : While Drilling
BCR: Before Casing Remvoal
ACR: After Casing Removal
AB : After Boring
Water levels indicated on the boring logs are the levels measured in the boring at the times indicated. In previous soils, the
indicated elevations are considered reliable ground water levels. In impervious soils, the accurate determination of ground
water elevations is not possible in even several days observation,and additional evidence of ground water elevations must be
sought.
GRADATION DESCRIPTION &TERMINOLOGY
Coarse Grained or Granular Soils have more than 50%of their dry weight retained on a#200 sieve;they are described as:
boulders,cobbles,gravel or sand.Fine Grained Soils have less than 50%of their dry weight retained on a#200 sieve;they are
described as: clays or clayey silts if they are cohesive,and silts if they are non-cohesive. In addition to gradation, granular
soils are defined on the basis of their relative in-place density and fine grained soils on the basis of their strength or
consistency,and their plasticity.
Major Descriptive Term(s)
Component (Of Components Also Percent of
Of Sample Size Range Present in Sample) Dry Weight
Boulders Over 8 in. (200mm) Trace 1 —9
Cobbles 8 in.to 3 in. Little 10— 19
(200mm to 75mm)
Gravel 3 in.to#4 sieve Some 20—34
(75mm to 2mm)
Sand #4 to#200 sieve And 35—50
(2mm to.074mm)
Silt Passing#200 sieve
(0.074mm to 0.005mm)
Clay Smaller than 0.005mm
CONSISTENCY OF COHESIVE SOILS: RELATIVE DENSITY OF GRANULAR SOILS:
Unconfined
Comp.
Strength,Qu,
tsf Consistency N—Blows/ft. Relative Density
<0.25 Very Soft 0—3 Very Loose
0.25—0.49 Soft 4—9 Loose
0.50—0.99 Medium (Firm) 10—29 Medium Dense
1.00— 1.99 Stiff 30—49 Dense
2.00—3.99 Very Stiff 50—80 Very Dense
4.00—8.00 Hard 80+ Extremely Dense
>8.00 Very Hard
GME CONSULTANTS,INC.
LOG OF BORING B- 1
PROJECT SITE Lions Park
Exploration of Youth Center Shakopee, Minnesota
CLIENT • ARCHITECT-ENGINEER
City of Shakopee
i- Qp (tsf)
tu
--0---
LL u_ 1 2 3 4 6
CCi
w w DESCRIPTION OF MATERIAL 1n I I I I I
ro _, z 3 WATER
w > > < w m CONTENT %
w Z LU U i--
L0 w
-I F}- aC Q J 3 STANDARD PENETRATION(BLOWS/FOOT)
a
IE Q z Q SURFACE ELEVATION 0- w
CI en Q 3 u) 98.7 Co cc z 10 20 30 40 50
Dark brown CLAYEY SILT WITH 13
IAS2 0 ORGANICS - (ML-OL) (FILL)
2SS Dark brown fine SILTY SAND WITH 4
4.0 ORGANICS - loose - (SM-OL) (FILL)
Brown fine to medium SAND WITH 10 `�
3SS GRAVEL, SILT - medium dense - damp -
(SP-SM) (FILL)
4SS 22
8.0 r
Dark brown SANDY CLAY WITH 10 �'17
--fes 5SS ii
ORGANICS over brown fine to medium
GRAVELLY SAND WITH SILT - stiff - , -
1.0
6SS 1 \(CL-OL & SP-SM) (Possible Fill) / B i O
Gray brown SILTY SANDY CLAY, trace
7SS gravel, sand seams - stiff to very stiff - 24
b ` O
14.0 (CL)
1 b 8SS Brown fine to medium CLAYEY SAND, 13 �'
16.0 trace silt, gravel - medium dense - damp -
\(SC-CL) / 19 14`0
9SS Gray brown SILTY SANDY CLAY, trace O
gravel - very stiff - (CL)
lOSS 21 (�
20 20.0 /
�`'
Dark gray SILTY SANDY CLAY, trace 1 h
11SS gravel, sand seams - stiff to very stiff - 14 0
(CL)
12SS 34 a
24.0 _
Graybrown SILTY SANDY CLAY, trace '
2h 13SS 26 0 gravel, sand seams - stiff - (CL) 14 -_-_ O_
14SS Brown fine to coarse GRAVELLY SAND 52 -`,®
28.0 WITH SILT, trace clay seams - dense -
damp - (SP-SM) / . '
15SS Brown fine to medium SAND WITH SILT, 37 0
30 -trace gravel - dense - moist - (SP-SM) /
End of boring at 30 feet
Hollow stem auger used full depth
Borehole backfilled with cuttings
WATER LEVEL OBSERVATIONS BORING STARTED 3/30/00
W.L. umGME CONSULTANTS,INC. BORING COMPLETED 3/30/00
Geotechnicast Avenue Nol•Materials Environmental
W.L. �, 14000 21rth RIG CME-750 DRILLER RK
W.L. E[ Minneapolis,Minnesota 55447(6121 559-1859 DRAWN KMB APPROVED EOB
JOB u 8853 SHEET 1 of 1
The stratification lines represent approximate boundaries
between soil types; insitu the transition may be gradual.
Post-Ir Fax Note 7671 Dena pa9►
To vkcis From 14414g kW.
CodOaot. Co.
Pfgna if !i Phone M "• [LN ?F�La gyp!f,�r.L
Fax* qW,•-2(Qz Foxe
411
(A •
411
• • Floor Stopes down See Wall Detail •
• 1" to 1-1/4" from center •
• A •
Ali\\...:
G
■
hterior Column
Footing Width and Foundation Unknown
Thickness Unknown
GME CONSULTANTS. INC. CROSS-SECTION OF BUILDNG
Ern
SHAKOPEE COMMUMTY CENTER
Geotechnical•Mo*enols•Environmonfol
14000 21st Avenue N. E��=`] SHAKOPEE,MINNESOTA
Minneapolis. Minnesota 55447 .-.
tei21 559-1859 EOB WCK 04/00 GME Project No. 8853
********* -8T2,9 Si* ZT9 - ***** - - ************************************
.00,00:00 £00/000 ZOTZS£6 a ASfH TOO
NO I LUWIQ S3OCd 'ON'131/3WUN NO I.ULS 'ON aHHC WOO 'ON NiS .
09T.='0N 31Id
£Z:TT bT-Nfnf=QN3 90:TT bT-Nflf=idUlS NOISSIWSNUdi ANOWBW = 3Q0W
T0'd *** £Z:TT 3WI1 ***** 0002-7T-Nflf 31tia ******************* -1tiNelllOf 'WW0J- ***************
4
1
VIPFloor Slopes down •
1" to 1-1/4" from center See Wall Detailor
lb_
w _ �w
.r
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Interior Column
Footing Width and Foundation Unknown
Thickness Unknown
GME CONSULTANTS. INC. 1011 CROSS-SECTION OF BUILDING
Geotechnical • Materials • Environmental
SHAKOPEE COMMUNITY CENTER
14000 21st Avenue N. EAmit.
SHAKOPEE, MINNESOTA
Minneapolis. Minnesota 55447 Immo"
(612) 559-1859 11IP'
-EOB WCK 04/00 GME Project No. 8853
Log Bearing on Plywood Underloyment
1/2" Plywood
Untreated 2x10 Rim Joist
1/2" Plywood Skirt
Grade —N\ _
1/2" Untreated Plywood
2x10 Untreated Sill Plate
Poly Sheet
12" CMU Wall
Top Course of Block
Offset 1/2 inch
GME CONSULTANTS. INC. Wall Detail at Perimeter •
Geotechnical • Materials • Environmental
Erm Shakopee Commumity Center
14000 21st Avenue N. E SHAKOPEE, MINNESOTA
Minneapolis. Minnesota 55447 ammo
(612) 559-1859 EOB WCK 04/00 GME Project No. 8853
CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES
• (ASTM: D 2487 and 2488)
Major divisions symbols Typical names Laboratory classification criteria
I;
GW Well-graded gravels,gravel-sand D60 (D30)2
ac Cu--t—greater than 4;Cc- between 1 and 3
f mixtures,little or no fines w
c m 0 d v 010 0r0X060
c
2 N c 0 o,
c
E.i N d pm C
S d ()•t:anures, ttle or no fines GP Poorly graded gravels, gravel- E
Not meeting all gradation requirements for GW
c
ao a sd mixtlia
N aco ° 0.cndap
b en..Z II
N 3 U
m 0 a c a NN m
a c.La, c c Silty gravels, gravel-sand-silt a aU' e o c Atterberg limits below "A"
o c, a : E mixtures Ti 'I?a line or RI.less than 4
$ rn t m m ai o 3 2 oAbove "A" line with P.I.
`—° m N O(7 " between 4 and 7 are border-
dm c d d`o d 2 line cases requiring use
I.o= t.a GC Clayey gravels,gravel-sand-clay a a Atterberg limits below"A" of dual symbols
*E `ma a mixtures w line or P.I.greater than 7
oi_
71 4 m cm
ta of
w
a m o Well-graded sands, gravelly ;3.2
060 (0302
o a �, c SW �u Cu=—greater than 6;Cc- between 1 and 3
0o a a sands,little or no fines W
0 o m • a c° v D10 010X060
c a
ifs re. ▪ m 0 v c
t a d m c= ..
c 'm V= Poorly graded sands, gravelly 2 0 3
g m V SP a o Not meeting all gradation requirements for SW
RI v sands,little or no fines o rn= c
N M C M W C N
Q p o y Q
2 c F Z m V a V y
W u _ C d'O N a m
tr a ` a`,c.- ►
c .- a o SM c m c Atterberg limits below "A"
a d Silty sands,sand-silt mixtures a' o a c d 9
5 m . a— d c s S a line or P.I.less than 4 Limits plotting in hatched
LI' a a c c c E : o o zone with P.I. between 4
f m H and 7 are borderline cases
cot
o o a requiring use of dual sym-
c a SC Clayey sands, sand-clay mix- Atterberg limits below "A" hofs
q.
tures line or P.I.greater than 7
inorganic silts and very fine
ML sands, rock flour, silty or clay-
ey fine sands or clayey silts
in
c with slight plasticity 60 I MI
03
aw Inorganic clays of low to me- —For classification of fine-grained
m m dium plasticity, gravelly clays, —soils and fine fraction of coarse-
c. CL _grained soils.
Ia E sandy clays, silty clays, lean 50
y —= —Atterberg Limits plotting in
a y.o clays —hatched area are borderline clam- CH '.
o c _fications requiring use of dual
40—symbols
Z OL Organic silts and organic silty x
m —Equation of A-line:
e clays of low plasticity m —
ia
c — P1=0.73(LL-20)
m X30
inorganic silts, micaceous or a
c m N MH diatomaceous fine sandy or a oP\`C
E a c silty soils,elastic silts 20
OH and MH
a= W
C d a
LL W
E xi2 CL
o c E CH Inorganic clays of high pias- 10
a to O1 deity,fat clays
E 7
rn= 4 CL-ML - ML and OL
o J OH Organic clays of medium to 0 I '
0 10 20 30 40 50 60 70 80 90 100
high plasticity,organic silts
Liquid Limit
a+c a, Pt Peat and other highly organic Plasticity Chart
ice w soil
0
LOG OF BORING B- 2
PROJECT SITE Lions Park
Exploration of Youth Center Shakopee, Minnesota
CLIENT • ARCHITECT-ENGINEER
City of Shakopee
w _ Op(tsf)
w
u_ t 1 2 -- 3 4 5
CC w iii U) I I 1 I I
m J z DESCRIPTION OF MATERIAL c) WATER
w Q I-JO CONTENT %
w > > X
CO
w Z w w V H m -- �--
In 111
d P. w Q Q D STANDARD PENETRATION(BLOWS/FOOT)
w Q z Q p- SURFACE ELEVATION w D >
0 (n Q 3 U) 99.1 ccn rt z 10 20 30 40 50
IAS Dark brown SANDY SILT WITH 17
2.0 ORGANICS, trace clay - (ML-OL) •(FILL) I
2SS Dark brown and brown fine SILTY SAND, 2E5
trace organics - very loose - damp - (SM)
(FILL) t
b 3SS 3 (;r)
6.0
4SS Dark brown SANDY SILT WITH 8 .+, 15
•
8.0 ORGANICS, trace gravel - loose - (ML-OL)
\(Possible Fill)
5SS Brown fine to medium SAND WITH SILT, ■® ■■® ■
10 10.0 \trace gravel - loose - damp - (SP-SM)
6SS Brown fine to coarse SILTY SAND WITHI(-;) ■ ■■■
12.0 GRAVEL - very loose - damp - (SM)
7SS Brown SILTY CLAY WITH SAND, trace II 1111112
14.0 gravel, sand seams - soft to firm - (CL)
8SS Dark gray SILTY CLAY, trace sand, gravel . 10 11 O ■■■
16.0 - stiff - (CL)
9SS Dark gray SILTY SANDY CLAY, trace 16
•
18.0 gravel - stiff - (CL) 10 p)
10SS Brown fine to medium CLAYEY SAND,
20 �% 20.0 trace silt, gravel - loose - moist - (SC)
11SS Brown fine to medium SILTY SAND, trace 5 r
22.0 gravel - loose - wet - (SM)
- Brown SILTY SANDY CLAY, trace gravel - 15
12SS stiff to very stiff - (CL) 11 4��•
2b 13SS 10 0
i5, F. S.
CITY OF SHAKOPEECONSENT
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Minnesota River Valley Arts Association Request—Memorial Park
DATE: July 26, 2000
INTRODUCTION:
The Council is asked to authorize the Minnesota River Valley Arts Association to utilize
portions of Memorial Park for a"Festival of Art",to be held September 22nd—24th.
BACKGROUND:
The MRVAA has contacted the City requesting the ability to use the portion of
Memorial Park east of the entrance road for a"Festival of Art"from Friday, September
22nd through Sunday, September 24th.
At that time, Memorial Park would be used for space for vendors to display art items for
sale, and there would also be performing arts demonstration, such as a Latino Dance
group.
Food would be offered for sale, and vendors would be required to comply with all State
Health Department requirements.
The Arts Association has requested use of Memorial Park from the entrance road to the
east. That would leave the remainder of the park available for other users, but would
allow them to set up the festival Friday night, and leave it in place through Sunday.
In checking the City code,the only authorization that would be needed by the City
Council would be granting permission to the Arts Association to remain in place with the
festival facilities past the normal 10:00 PM closing. It should be noted that there has
been a precedent for this,when the Cancer Society's Relay for Life was held at the park
overnight, and the Council gave authorization for that.
BUDGET IMPACT:
The MRVAA will be paying the standard $35/day rental fee for the picnic shelter. They
will provide cleanup, at least relating to gathering the refuse and delivering it to the
park's garbage containers. City crews will then haul the garbage out.
RECOMMENDATION:
I recommend that the City Council authorize the Arts Association to utilize the portion of
Memorial Park described above a"Festival of Art"from Friday, September 22n1 through
Sunday, September 24th.
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize the Minnesota River Valley Arts
Association to utilize the eastern portion of Memorial Park from Friday, September 22n1
through Sunday, September 24th.
Mark McNeill
City Administrator
MM:tw
M w w e s o t
itIkp rz1, ver vaLLe �
Arts Assocbatto1A,
27 July 2000
Honorable Mayor Jon Brekke:
The Minnesota River Valley Arts Association will present and sponsor
our annual Festival of Arts. The theme of this festival will be
"Celebration of Hispanic Arts and Culture". We will feature a Gallery
Show featuring Hispanic Art opening Friday September 22 and an
Hispanic Bazaar and Dance Celebration on Saturday September 23.
Consistent with our charter this event will be a service to the public and
the participating Artists and not a fund raising event.
We respectfully request the use of the East half of Memorial park for the
entire day of Saturday September 23.
We are a qualified non-profit organization and would appreciate waving
of the customary fee as a contribution of the City of Shakopee toward
this Festival.
Respectfully,
r
-C.-
-
E. D. Lawrence
President, MRVAA
M%wwesota RLver v&LLej Arts AssociSitio - Post office 1E4)(174,shokopee, MN 5537
IT /OThy
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Budget Workshop Meeting -Townships
DATE: July 28, 2000
INTRODUCTION:
The purpose of this memorandum is to advise the Council that the previously selected
date to meet with Louisville and Jackson Townships will not work, and staff is having a
difficult time establishing alternate dates. Council direction is asked.
BACKGROUND:
The Council has scheduled workshops to discuss budget for August 17th, 24th ,and 29th.
An invitation was sent in early July to the two Townships, inviting them to the August
17th date, at which time fire,parks and recreation, and other budget items of interest to
the Townships would be discussed.
Last week,we received a call from Jackson Township saying that they would not be able
to make August 17th. Since then, Louisville Township has indicated that August 3`d, 10th,
22nd, 24th, and 31st would not work.
Three options exist:
1. Pick a non-Tuesday or Thursday date.
2. Meet with each Township separately.
3. Send the budget information to the Townships, and invite them to respond to
us in writing.
RECOMMENDATION:
I recommend that we try to establish a non-Tuesday or Thursday date. The budget
review is the only set time during the year that we have been able to meet with the
Townships to discuss items of mutual interest, and it is important to be able to have
personal meetings.
ACTION REQUIRED:
Council needs to give direction as to how it wishes to handle the Township budget
meetings.
ilk,SeMta
Mark McNeill
City Administrator
MM:tw
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Closed Session
DATE: July 26,2000
Following the regular portion of its August 1St meeting,the City Council will be asked to
go into closed session to discuss pending litigation(EverGreen Development Appeal).
UTAX11\kggLIX-
Mark McNeill
City Administrator
MM:tw