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HomeMy WebLinkAbout10/05/1999 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 1999 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 of June 15, 1999 and June 29, 1999 *8] Approve Bills in the Amount of$228,907.11 9] Communications: 10] Public Hearing on the proposed vacation of an easement located within the plat of Shakopee Valley Marketplace-Res. No. 5240 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene 14] Recommendations from Boards and Commissions: TENTATIVE AGENDA October 5, 1999 Page -2- 15] General Business A] Public Works and Engineering 1. Noise Study on Hauer's 4th Addition by T.H. 169 *2. Completion of Probationary Period - Todd Schumacher *3. Asphalt Patching Box and Cab & Chassis *4. Accept Work on River District Trunk Sewer Reconstruction, 1999-1 - Res. No. 5241 *5. Set Public Hearing on Proposed Assessments for 17th Ave. East, 1998-5 -Res. 5237 *6. Reliant Energy Minnegasco Easements for EverGreen Heights Development 7. Request of Enebak Construction Company Regarding Hourly Restrictions on Construction Activities for Valley Green Corporate Center Grading B] Police and Fire *1. Declaring Surplus Property C] Parks and Recreation *1. Completion of Probationary Period -Michael Liesenfeld *2. Change Orders for Joe Schleper Baseball Stadium D] Community Development :2!_1). Amending Preliminary Plat Resolution for Pheasant Run (Barricades) -Res. No. 5242 2. ISTS Ordinance 3. Bach Appeal of BOAA Denial of Request for Variance to Front Yard Setback 4. Waiver of Subdivision Criteria- Joy Dressen, 321 Market Street *5. Resignation of Planning Secretary E] General Administration *1. Murphy's Landing Grant - City Participation-Res. No. 5238 *2. On Sale Sunday Intoxicating Liquor License -Pablos Mexican Restaurant *3. Tobacco License- Speedway/Superamerica L.L.C., CR 83 *4. Release of Security for Brittany Village and Longmeadow *5. Murphy's Landing Payment *6. Setting Date for Tobacco Violation Hearings *7. Setting Date for Alcohol Sales Violation Hearings *8. Appointment of Election Judges -Res. No. 5239 *9. U.S. West Five Year Agreement *10. Special Assessments on Fire Station Property 11. Outdoor Heritage Center 12. Excess MnDOT Property-Parcel 43 (SW of Shakopee Town Square) *13. Pre-Tax Benefits Administrator Change 16] Other Business 17] Adjourn to Tuesday, October 12, 1999, at 5:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 5, 1999 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 consideredin 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.) 4. 4 Approval of Minutes: 5. Financial 4 A.)Approval of Bills-None 6. Other Business: 7. Adjourn to October 19, 1999 edagenda.doc OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 15, 1999 Acting Vice Mayor, Sweeney called the meeting to order at 7:02 p.m. with Councilmembers Amundson, Link, and DuBois present. Mayor Brekke was absent. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following changes were made to the agenda: 15.C.2. Chapter 12 of the City Code, Subdivision Regulations was deferred due to a lack of full Council. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were removed from the Consent Agenda: 14.B. Final Plat of Shakopee Valley Marketplace, located east of CR 17 and north of 17th Avenue - Resolution No. 5165. 14.C. Amendment to Stonebrooke Planned Unit Development - Resolution No. 5166. 14.D. Final Plat of Stonebrooke 4th Addition, located east of CR 79 and south of Fairhaven Drive extended - Resolution No. 5167. and 15.C.1. Transit Tax Levy and Budget - Resolution No. 5172. Link/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Cncl. Sweeney asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. Robert Pulk 1239 Heritage Dr. E, approached the podium and thanked the Council for finding in his favor on his recent appeal for a variance. Link/DuBois moved to approve the Minutes of April 6 and April 7, 1999. (Motion carried under the Consent Agenda). Link/DuBois moved to approve Bills in the amount of$614,576.84. (Motion carried under the Consent Agenda). Acting Mayor Sweeney opened the Public Hearing on proposed improvements to Vierling Drive from Marschall Road to Miller Street, Project No. 1999-5 -Resolution No. 5162. Bruce Loney stated that this improvement was initiated by the City Council based upon the plat of Vierling Plaza and proposed K-Mart development. The widening of Vierling Drive including turn lanes, concrete median and bituminous trail/concrete sidewalk construction is for traffic control purposes for the commercial traffic adjacent to and nearby Vierling Drive. Official Proceedings of the June 15, 1999 Shakopee City Council Page -2- The City is participating in the cost of the bituminous overlay and lowering of a gas main for the right turn lane on Vierling Drive to the first site entrance of Vierling Plaza. The widening improvements, east of CSAH 17, were deferred until there was more commercial development. Assessments will be charged at 100% to the benefiting properties in commercial zoned areas, as per the City's Assessment Policy. The project is approximately $244,000. The City's costs are approximately $20,000. Assessed costs are approximately $223,000. Five commercial parcels are being assessed with the largest being K-Mart. Dale Dahlke, Dallas Properties, approached the podium and stated that the assessments are not fair and that the overall project costs could be less. He said the left turn lane into where the K- Mart store will be, is not necessary as there is another entrance. A discussion ensued regarding the assessment procedure. Bruce Loney explained that the assessments are based on commercial properties which generate traffic. They are also based on acreage. He said it is the commercial area that is creating the need for turn lanes. Wade Johnson, 2547 Onyx Dr., representing Amcon LLC, approached the podium and stated that they will have very little benefit as they currently have the ability to turn left and exit right and left through Ramsey St. However, he said he could see some benefit on the south side near the K- Mart development. At present he said he could not see how this would improve their traffic. He questioned the results of the traffic studies. Acting Mayor Sweeney asked if there were any other citizens present in the audience who wished to address the Council on this matter. There was no response. Acting Mayor Sweeney closed the public hearing. Link/DuBois moved to approve the amendment to the feasibility report, for watermain dated June 15, 1999. Motion carried unanimously. Amundson/Link offered Resolution No. 5162, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street, Project No. 1999-5, and moved its adoption. Motion carried unanimously. Link/DuBois moved to authorize the appropriate City Officials to execute a consultant extension agreement with WSB & Associates, Inc. for consulting services to complete the plans and specifications for Vierling Drive improvements. Motion carried unanimously. Official Proceedings of the June 15, 1999 Shakopee City Council Page -3- Acting Mayor Sweeney opened the Public Hearing for the vacation of roadway easement in Shakopee Valley Marketplace. Michael Leek stated that this vacation is being requested due to the development of the property and the construction/utilization of other roadways. This easement does not serve any public purpose. Michael Leek reported that he recently learned that there may be a potential lapse in easement or portions of SPUC line between the requested vacation and the recording of the proposed Final Plat of Shakopee Valley Marketplace. He asked that the Council consider an amendment to provide that the vacation take place upon the filing of the Final Plat of Shakopee Valley Marketplace, to ensure preservation of the necessary easement. The Planning Commission has reviewed the request and has recommended approval. Acting Mayor Sweeney asked if there were any interested citizens present in the audience who wished to address the Council on this matter. There was no response. Acting Mayor Sweeney closed the public hearing. Amundson/DuBois moved to amend Resolution No. 5163 to add condition no. 4, which states that the vacation will take place upon the filing if the Final Plat of Shakopee Valley Marketplace. Motion carried unanimously. DuBois/Amundson offered Resolution No. 5163, A Resolution of the City of Shakopee Vacating Roadway Easement within Sections 7 and 18, Township 115, Range 22, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Link/DuBois offered Resolution No. 5164, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Boulder Ridge 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Michael Leek stated that Oppidan Investment Company is requesting Final Plat approval of Shakopee Valley Marketplace, which consists of six lots, one for the Target site. The final plat conforms to the preliminary plat as previously approved. The Planning Commission recommends approval with the conditions in the resolution before the Council. Michael Leek brought to the Council's attention an error on page 2 of the resolution under b) h, which identifies the developer's responsibility for the construction and costs associated with a trail along the north side of 17th Avenue along the southern boundary of the plat. He said the intention was to make the developer responsible for the construction and any associated costs of a bituminous trail along the west side of Sarazin Street, along the eastern boundary of the plat. Official Proceedings of the June 15, 1999 Shakopee City Council Page -4- DuBois/Amundson moved to amend Resolution No. 5165 by re-stating condition b) h, making the developer responsible for the construction and any associated costs of a bituminous trail along the west side of Sarazin Street, along the eastern boundary of the plat. Paul Tucci, Oppidan Inc., approached the podium stated that they would prefer to see the trail on the east side of Sarazin, and crossing at the north of the entryway that goes in front of the proposed Target store, so as not to encourage too much pedestrian traffic through the parking lot. He said they are willing to work with staff regarding long term maintenance, depending on the location of the trail. Bruce Loney said it makes sense to locate the trail on the east side from a traffic point of view. Because of the preference to have the trail on the east side, staff asked Mr. Tucci if their development would be willing to provide maintenance of the trail. Staff's concern is whether they could write a condition in order to accept maintenance which would include plowing the walk in front of their property. A discussion ensued regarding responsibility and Bruce Loney explained that it is City Policy that the City maintain trails on collector streets. The issue is that if the trail is on the east side of Sarazin Street (as opposed to the east side of the plat) the plats of Longmeadow and Brittany Village would be responsible for snow removal unless it is a trail connection for the commercial development. City Attorney, Jim Thomson, explained that the obligation of sidewalk maintenance on local streets is the responsibility of the abutting property owners. Paul Tucci stated that they would work with staff to develop an appropriate maintenance agreement. DuBois/Amundson moved to table the motion on the location of the trail along Sarazin Street to Tuesday, June 22, 1999, when an agreeable condition will be presented. Motion carried unanimously. A recess was taken at 7:58 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:00 p.m. Michael Leek stated that Laurent Builders has submitted an application for an Amendment to the Stonebrooke Planned Unit Development (PUD). They are requesting that a private street be permitted on Cambridge Court with a width of 28 feet and parking on one side; 10 foot side yard setbacks as opposed to the 20 feet required by City Code; and a lot width reduction for Lot 6, Block 2 as opposed to the 150 foot width required by City Code in this zoning. The requested variations are generally for the purpose of maximizing preservation of existing trees and topography. The Planning Commission reviewed this request and concluded that this request was appropriate within this PUD due to the location of the site. Official Proceedings of the June 15, 1999 Shakopee City Council Page -5- A discussion ensued regarding public and private streets, and public and private septic/sewer systems. Jim Thomson, City Attorney, explained that when the Ordinance was amended to prohibit private streets there was a provision included that exempted PUD's or developments that had already obtained PUD approval or Preliminary Plat approval. He said this development was grandfathered in because of the previous PUD approval. He said approving a private street in this case would not set a precedent. Ray Fancy, representing Fritz & Bonnie Menden, approached the podium and stated that they have no opposition to the 4th Addition being created within the PUD. However, he said they do have some concerns. They are concerned about a previous agreement they have with the adjacent property owners which states that the Mendens will be allowed to connect to the water system in the PUD, on the property the developer owned. They are concerned that the Home Owner's Association would not be aware of this unless it is part of the plat conditions. A second part of that agreement is that there would be easements for the septic systems to run through portions of what will now be the 4th Addition. There is also a question as to whether there are 8 or 9 lots. In addition, there is a driveway easement that states that the property owners of any portion of the 4th Addition will be permitted to go through the Menden property, even though Fairhaven dead ends at the property line. Mr. Fancy stated that the Mendens would like a prohibition that this will not occur, that the sewer easements be acknowledged in the plat, that the water system be acknowledged and that the Home Owner's Association is aware of this. Jim Thomson explained that this is a private agreement. However, at some point the City might be looking at this issue again when the next application comes before them. He suggested tabling this discussion until he can hear the developer's position regarding the requests. A recess was taken at 8:34 p.m. in order to allow the City Attorney to speak with Mr. Fancy on the concerns of the Mendens. The meeting re-convened at 8:34 p.m. The PUD amendment and the final plat of Stonebrooke 4th Addition were temporarily postponed until later in the Agenda. Link/DuBois moved to authorize the Police Department to make application for a $10,604 BJA Local Law Enforcement Block Grant. (Motion carried under the Consent Agenda). Link/DuBois offered Resolution No. 5173, A Resolution Authorizing Execution of Agreement, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the June 15, 1999 Shakopee City Council Page -6- Link/DuBois moved to accept Ms. Romaine Drowns, probationary police officer, resignation with regret. (Motion carried under the Consent Agenda). Mark McQuillan explained that staff was previously directed to proceed with a two-week testing process of the swimming pond water. The purpose was to measure the consistency of the ph and chlorine levels. He reported that the results from the first week of testing revealed that the existing system could not maintain a free chlorine residual of at least 1.0 ppm in all areas throughout the day. However, when a new chlorination system was installed the tests revealed the new system could maintain that level in all areas throughout the pond, which is required for pools. Tom Schaffer, US Aquatics, reviewed the results and was satisfied with the results. He has indicated that the City can re-open the swimming pond as long as the water quality can be sustained to met the minimum requirements for pools. Mark McQuillan stated that the pool would open on June 21 and recommended that the fees for the 1999 Season Passes be reduced by $10, with the daily admission remaining at $4, because of the decrease in operating hours. The operating hours will be from 1:00 p.m. to 6:00 p.m. In addition, the pool will be closed at any point that the water quality drops below the minimum standards. Ron Stellmacher, Facilities Manager, approached the podium and explained that testing was conducted at various times of day, three times per day, at nine different sections of the pool, for five days. He said the pool tested the same as it had in the past, but with the new chlorination system installed a precise estimate can be made. He said he was impressed with the improvement in water quality. Link/Amundson moved to re-open the swimming pond for the Summer of 1999 under the conditions specified in the City of Shakopee's 1999 Swimming Pond Closure Policy. Motion carried unanimously. DuBois/Amundson moved to approve the 1999 Swimming Pond Closure Policy, as proposed. (CC Document No. 272) Motion carried unanimously. DuBois/Link offered Resolution No. 5174, A Resolution Amending the 1999 City Fee Schedule (to reduce the fees for season passes at the City of Shakopee Swimming Pond by $10), and moved its adoption. Motion carried unanimously. Mark McQuillan stated that in May; the City Council was notified that the estimated costs to repair the swimming pond did not include a 5% contingency and 1% for documenting expenses. The total estimated project cost is $993,860.00. The design fee is 7 1/2 % ($68,700) and the documenting expenses are 1% ($9,160) Official Proceedings of the June 15, 1999 Shakopee City Council Page -7- Mark McQuillan reported that US Aquatics has been asked to bring back a complete proposal on the swimming pond repairs for Council review and asked that the agreement be revised to reflect the 5% contingency fee and expenses. Amundson/DuBois moved to approve the new agreement with US Aquatics for the swimming pond improvements including an amount not to exceed $68,700 for design fees and 1% or $9,160 for documenting expenses. Motion carried unanimously. Link/DuBois offered Resolution No. 5171, A Resolution of the City of Shakopee, Minnesota, Approving an Appeal by Robert Pulk and Shona Buesgens-Pulk of The Board of Adjustments and Appeals Denial of a Side Yard Setback for a Three-Season Porch, and moved its adoption. (Motion carried under the Consent Agenda). Link/DuBois moved to authorize staff to enter into a contract with C.R. Fischer and Sons, Inc. for sidewalk panel replacements at a cost of$14,803.03. (Motion carried under the Consent Agenda). Bruce Loney stated that in January, a resolution was adopted ordering the preparation of a feasibility report for McGuire Circle and McGuire Court improvements. At that time staff was also directed to include alternatives for improving Muhlenhardt Road. The paving improvement for McGuire Circle and McGuire Court was initiated by a petition from residents on those streets. In March, a resolution was adopted receiving that feasibility report and calling for a public hearing on the proposed improvements. The project was ordered by adopting Resolution No. 5118 and amending the resolution by including the improvement of Muhlenhardt Road, from C.R. 16 to Horizon Drive. The plans have been completed per the feasibility report with the following changes: 1. Muhlenhardt Road street width was reduced to 28 feet to match the existing street width in the area of Horizon Drive. 2. A bituminous curb will be constructed on Muhlenhardt Road from McGuire Circle to Horizon Drive. This design will eliminate the shoulders needed for a rural roadway and will control the storm water runoff of the newly paved Muhlenhardt Road. Amundson/Link offered Resolution No. 5169, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for McGuire Circle, McGuire Court and Muhlenhardt Road, Between County Road 16 and Horizon Drive, Project No. 1999-2, and moved its adoption. Motion carried unanimously. Link/DuBois offered Resolution No. 5170, A Resolution Adopting a Revised Assessment for Sarazin Street, Between 4th Avenue and County Road 16; Roundhouse Street, Between 4th Avenue and County Road 16; and 4th Avenue, Between Shawnee Trail and Sarazin Street, Project No. 1994-10, PID No. 27-906028-0, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the Shakopee June 15, 1999 Shakopee City Council Page - 8 - Link/DuBois moved to authorize the appropriate City Officials to sign the necessary documents to finalize the settlement of the special assessment appeals filed by the Hauer's. (Motion carried under the Consent Agenda). Link/DuBois offered Ordinance No. 551, Fourth Series, An Ordinance Relating to Liquor Licenses and Amending Section 5.32, Subds. 11 and 12 of the City Code, and moved its adoption. (Motion carried under the Consent Agenda). Link/DuBois moved to approve the application(s) and grant an On Sale and /or Off Sale 3.2 Percent Liquor License(s), conditional upon compliance with all City Code requirements to: Speedway SuperAmerica LLC, 1155 E 1st Avenue, Off Sale; Magnum Management Corporation, d/b/a/Valleyfair, One Valleyfair Drive, On Sale; Holiday Stationstores, Inc., 444 East 1st Avenue, Off Sale; Pizza Huts of the Northwest, Inc., 257 Marschall Road, On Sale; Tom Thumb Food Markets, 590 So. 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 Arena at Tahpah Park, On Sale. (Motion carried under the Consent Agenda). Link/DuBois moved to waive the requirement of City Code Section 5.02, Subd. 9 for Stonebrooke of Shakopee, Inc. (Motion carried under the Consent Agenda). Link/DuBois 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). Link/DuBois moved to approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License (s), conditioned upon compliance with all City Code requirements, to: Bretbecca, Inc., dba Pullman Club, 124 West 1st Avenue, On Sale, Sunday, and Off Sale; Rock Spring Restaurant, Inc., 1561 E 1st Avenue, On Sale, Sunday, and Off Sale; Babe's Place, Inc., 124 South Holmes, On Sale, Sunday, and Off Sale; Canterbury Park Concessions, Inc., 1100 Canterbury Road, On Sale, Sunday, Off Sale; Dangerfield's Restaurant, Inc., 1583 E 1st Avenue, On Sale, Sunday; Official Proceedings of the June 15, 1999 Shakopee City Council Page -9- Heyde Hospitality Inc., dba Park Inn & Suites, 1244 Canterbury Road (includes volleyball court) On Sale, Sunday; Turtle's Bar and Grill Inc., 132 East First Avenue, On Sale, Sunday; AFFC, Inc., dba Arnie's Friendly Folks Club, 122 East First Avenue, On Sale, Sunday; Shakopee Ballroom and Banquet Center Inc., 2400 4th Avenue, On Sale, Sunday; The Main Event of Shakopee, Inc., 911 East 1st Avenue(includes deck) On Sale, Sunday; Pablo's Mexican Restaurant, Inc., 230 South Lewis Street, On Sale; Brew Station Brewery, Inc., 1128 Vierling Drive East, On Sale, Sunday; Crossroads Liquor of Shakopee, LLC, 1262 Vierling Drive East, Off Sale Family Dining Inc., dba Budget Liquor, 6268 Hwy 101, Off Sale; Riverside Liquors, Inc., 507 E 1st Avenue, Off Sale; Valley Liquor, Inc. , 1104 Minn. Valley Mall, Off Sale; MGM Spirits Express, Inc., dba MGM Liquor Warehouse, 471 Marschall Road, Off Sale; The American Legion Club Post No. 2, 1266 East 1st Avenue, Sunday, Club; Knights of Columbus Home Assn., Inc., 1760 East 4th Avenue, Sunday, Club; VFW Post#4046, Inc., 1201 East Third Avenue, Sunday, Club; Fraternal Order of Eagles#4120, 220 2nd Avenue West, Sunday, Club; (Motion carried under the Consent Agenda). Link/DuBois moved to waive the requirement of the City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc. and for Knights of Columbus Home Association, Inc. (Motion carried under the Consent Agenda). Link/DuBois moved that consistent with previous approvals, the following conditions are placed on the approval of the license for The Main Event of Shakopee Inc.; 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 times 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 be the City Council. (Motion carried under the Consent Agenda). Official Proceedings of the June 15, 1999 Shakopee City Council Page -10- Link/DuBois moved to approve the applications and grant On Sale and Sunday On Sale Intoxicating Liquor Licenses to Sabroso Inc., 1120 East First Avenue, upon compliance with City Code requirements and receipt of a conditional use permit for a Class II restaurant. (Motion carried under the Consent Agenda). Mark McNeill asked for direction regarding the preparation the of the year 2000 operating budget. He asked if there were any preferences which the Council would like emphasized. He also reported that the County is placing more emphasis on strategic planning in their budget process. However, he did not recommend including that at this time. He recommended reviewing priorities for year 2000 that will impact the budget and to advise staff as to changes to be implemented. A discussion ensued regarding goals and service levels. Tim Thomson reported that after meeting with Mr. Menden and his attorney, there was agreement that the issues Mr. Menden raised are private matters between those involved. He said that agreement was not a condition imposed by the City and none of the issues would prevent the property from being developed in the future. However, as part of Stonebrooke 1st Addition, there were two Outlots created (Outlots B and 0) and the purpose of those Outlots was to extend Fairhaven Drive to the south to allow a southern connection to the Menden property. He said those outlots are still owned by the applicant and recommended, as a condition of approval for both the Final Plat and the amendment to the PUD, that a condition be added to require the applicant to deed Outlot B and Outlot 0, of Stonebrooke 1st Addition, to the City. Ray Faricy approached the podium and stated that he was in agreement with the recommendation and complimented the Council for discussing alternatives. He said he will discuss sewer and water issues with the developer. Amundson/Sweeney moved to amend Resolution No. 5166 by adding a condition No. 4. requiring Outlots B and 0 to be deeded to the City, as drafted by the City Attorney. Motion carried 3-1 with Cncl. Link opposed. Amundson/Sweeney offered Resolution No. 5166, A Resolution of the City of Shakopee, Minnesota, Approving an Amendment to the Stonebrooke Planned Unit Development (PUD), and moved its adoption. Motion failed 2-2 with Cncls. Link and DuBois opposed and Mayor Brekke absent. (Allowing a private street with private septic systems.) Amundson/Sweeney moved to amend Resolution No. 5167 by adding a condition No. 13 to include language by the City Attorney requiring the developer to deed outlots B and 0 to the City. A discussion ensued as to the effect on the Mendens should this motion fail. Official Proceedings of the June 15, 1999 Shakopee City Council Page -11- Fritz Menden, 2544 Lakeview Drive, approached the podium and asked about signing Outlots 0 and B over if the plat is not approved. Jim Thomson explained that if the plat is not approved or recorded the City can't acquire any interest in either Outlot 0 or B. The only way to get the property from private ownership to the City is to require the developer to deed it through the platting process. After some discussion regarding private streets, Mr. Thomson explained that Outlot B is shown as a private street. He said the final plat does show a private street, and if there is opposition because of private streets, it would be inconsistent to vote in favor of the amendment. Michael Leek explained that neither the PUD or the Preliminary Plat for Stonebrooke show private streets, or variations of setbacks, or lot width. Because the PUD Amendment for a private streets is not approved and the plat for consideration is not consistent with the original PUD or the Preliminary Plat, action could be taken to deny or table regarding the final plat because it is not in conformance. Amundson/DuBois moved to table action on the final plat for Stonebrooke 4th Addition. Motion carried 3-1 with Vice-Mayor Sweeney opposed and Mayor Brekke absent. The opposition to the amendment to the PUD was due to the private street issue. Councilmembers felt that it was not appropriate under this development to allow the private street. Michael Leek stated that the Department of Revenue is looking for determination of the Council's desire to either levy $459,467 or some other amount for the transit tax for taxes payable in the year 2000. If the Council is in agreement with this amount, the resolution should be amended to include this number in the Whereas clause. If the Council wishes to levy some other amount, the resolution should reflect that. Amundson/DuBois moved to amend Resolution No. 5172, to include in the Now Therefore paragraph, that the City of Shakopee will levy the payable 2000 transit tax of$459,467 locally, and to direct the appropriate persons to communicate the Council's decision to the Minnesota Department of Revenue by June 30, 1999. Motion carried unanimously. Amundson/DuBois offered Resolution No. 5172, a Resolution of the City of Shakopee Opting to Levy the Transit Tax for Payable 2000, and moved its adoption. Motion carried unanimously. Amundson/Link moved to adjourn to Tuesday, June 22, 1999, at 4:30 p.m. Motion carried unanimously. The meeting was adjourned at 9:56 p.m. h S. Cox, ity Clerk Esther TenEyck, Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 29, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Mark McQuillan, Parks and Recreation Direction; Gregg Sticha, Finance Department and Judith Cox, City Clerk. Amundson/DuBois moved to approve the agenda. Motion carried unanimously. The Council entered the Work Session regarding the 2000 - 2004 capital improvement program. The following members of the Planning Commission were present: Cory Bullard, Larry Meilleur, Mary Romansky and Michael Willard. The following members of the Park and Recreation Advisory Board were present: Dean Shaner, Jeff Kaley, Sean Laughlin, Dave Vosejpka, and Jason Bullard. Amundson/DuBois moved to approve the agenda. Motion carried unanimously. Mark McNeill noted that the Police and Fire Chiefs were also present. Mr. McNeill stated that the meeting was for planning as well as budgeting. Mr. McNeill stated that it was necessary to identify capital improvements in order to plan for them. Gregg Sticha began review of the 2000 - 2004 Capital Improvement Program with the Park Reserve Fund. Mr. Sticha noted that the park dedication fees for 1998 were quite high due to Seagate and residential development. Mr. Sticha indicated that since the moratorium went into effect, things had slowed down. He stated that the available balance at the end of 1999 in the Park Reserve Fund would be $900,000 - $1,100,000. Mr. Sticha stated that during 2000 - 2005, the balance would probably be closer to realistic numbers unless the moratorium continued. He also noted that there may be more of an effect in 2000 than in 2001 - 2005. Regarding the Capital Improvement Fund, Gregg Sticha stated that the Finance Department took a conservative approach and used $350,000 as an estimate for special assessments during 1999 - 2005, however, that amount may be higher. Mr. Sticha stated that there may be some transfers in future years, however, those amounts were not included in the document since they were unknowns. Mr. Sticha noted that the Capital Improvement Fund is for construction projects that are not funded by other projects. Bob Sweeney noted that the fund is also a statutory fund meaning funds cannot be transferred to general levy. Gregg Sticha reviewed the Annual Improvement Fund. He also reviewed the Building Fund and noted that it was anticipated to transfer $1,500,000 from the General Fund to the Building Fund. Official Proceedings of the June 29, 1999 Shakopee City Council Page -2- Bob Sweeney noted that past councils had based the budget on department concerns and that money did not have to be spent just because it was included in the budget. Mr. Sweeney stated that if a department did not spend all of the money in that department's budget for a certain year that the particular department's budget would be changed for the coming year. Mr. Sweeney stated that the council looks at what each department needs. He also noted that the City is now pre-funding some items via depreciation which is why the budgets are staying fairly level. Mr. Sticha noted that the Building Fund would have a negative balance in 2002. He also noted that bond proceeds were included in 2001 and 2003. Regarding the Sanitary Sewer Fund, Gregg Sticha stated that the fund had a healthy balance now and into the future. He stated that some transferring between funds may occur in the future to equalize the funds. Regarding the Storm Drainage Fund, Gregg Sticha noted that this fund was also fairly healthy. He stated that the projected user fees will be revised and lowered. Mr. Sticha stated that in 2000, the fund will be under $1,000,000 and accumulated depreciation would reach $3,000,000 and those two figures would ideally be more equal. Regarding the State Aid Fund, Gregg Sticha noted that the figures for 1999 - 2005 were conservative. He also stated that beginning in 2002, the fund would have a negative balance and would therefore need to be reviewed. Bruce Loney stated that some projects can receive more state aid funds. Bob Sweeney stated that some suburbs charge 100% of street reconstruction to the property owners, however, the City only charges 25% and the rest comes from state aid funds. Mr. Sweeney also stated that state aid is a creature of the legislature and thus is reviewed very strongly so it is wise to be conservative. Gregg Sticha concluded by noting that all fund expenditures were summarized in a table on page 12 of the document before the council. He noted that the Annual Improvement Fund in 2000 includes $13,500,000 in expenditures, however, that amount would be offset by $12,500,000 in special assessments. Mark McNeill noted that staff was recommending employing an architect to assist the staff with assembling numbers for the various projects. Mr. McNeill noted that there are four major projects which need to be considered, those being a police department building, public works building, two fire stations and a library. He stated that an architect would be able to sit down with staff and put numbers together with estimates of what the City will need and then figure the cost per square foot. Bob Sweeney stated that he would support Mr. McNeill's recommendation with the proviso that one of the duties of the architect would be to not Official Proceedings of the June 29, 1999 Shakopee City Council Page -3- only prioritize projects but to also look at what would happen if referendums fail and if the City could do with what it already has. Mayor Brekke stated that he would agree to enlist the services of an architect and would like the person to meet with the council to get its goals and objectives also. Mary Romansky reminded the council that the debt service levy may not need to expand if the City did not expand. Mr. Sweeney noted that the economy will slack off and the council did not want to be in a position of asking taxpayers to pay taxes they could not afford. Sweeney/DuBois moved to direct staff to prepare a request for proposal of services for an architect with the proviso that the architect would also look at what the City could sustain with what it already has - police department building, public works building, two fire stations and a library. Motion carried unanimously. A discussion regarding the various proposed projects was held. Fire Chief Mary Athmann reviewed the Fire Department's projects. Chief Athmann stated that one of the projects was an emergency vehicle signal preemption which would allow emergency vehicles to activate an intersection signal to give the emergency vehicle a green light thereby making the intersection safer. Chief Athmann noted that the cost would be approximately $15,000 per intersection with the emitters already having been purchased. Chief Athmann stated that the project has not been bid yet. Mark McNeill noted that R. Michael Leek was proposing a project to include identification monuments in nine locations throughout the City which monuments would be constructed over two years. Mr. Leek estimated the cost per monument to be $6,000 - $7,000. Bob Sweeney questioned whether this project could be curtailed. Jane DuBois stated that the Chamber had been wanting this project done for a long time. Deb Amundson questioned whether this could be something included in the EDA budget. Mr. McNeill stated that it could, however, it would have to be done by levy. Regarding land acquisition for Fire Station #3, Chief Mary Athmann stated that the long term goal for the Fire Department is five stations. Chief Athmann stated that one of the stations could be located in the Southbridge area on the MnDOT property. Also included in the Fire Department's proposed projects was construction for Fire Station 1.1 in 2001 to replace the downtown fire station. Fire Station 1.1 would be located at Lions Park. Chief Athmann noted that actual construction of Fire Station #3 would take place in 2003. He noted the Fire Department would also like a training facility in 2003 and the cost could possibly be shared with other communities. Bob Sweeney stated that while it would be an asset to have a training facility, he was unsure the City's population warranted such a facility. • Official Proceedings of the June 29, 1999 Shakopee City Council Page -4- Police Chief Dan Hughes stated that he supported the emergency vehicle expenditures for signal preemption. Chief Hughes stated that the police department needs a separate facility but could share a facility to reduce the cost. He noted that the proposed Police Department building is one-third larger than the current facility. Jane DuBois questioned whether Chief Hughes saw smaller precinct stations as opposed to a central location being an option. Chief Hughes stated that a centralized headquarters for the City would be sufficient, however, an off-site office could be utilized for making reports, meeting citizens, etc. Regarding the Public Works building expansion project, Bruce Loney stated that the Public Works department was also running out of space. Mr. Loney stated the department would like new facilities by 2002. Mark McNeill stated that Shakopee Public Utilities may also be expanding. Regarding the proposed library project, Mark McNeill noted that the library was scheduled for 2004. Mayor Brekke stated that he would like the library in a closer year. Mr. McNeill stated that other communities in the county were already in the process of building new libraries. Jane DuBois stated that some of the other cities are not yet on-line. Ms. DuBois stated that if the City was looking at 2004, it could be 2006 by the time a new library is built. She stated that citizen interest indicates they would like to see a new library. County Commissioner Art Bannerman stated that the county board had recently discussed the library situation. He thought the other city's schedules were moving faster so perhaps the library project could be moved up earlier. Mayor Brekke questioned whether the council wanted to move the library to 2002. Bob Sweeney stated that in order to do that, another project would have to be taken out or another funding source proposed. Mr. McNeill suggested having the architect look at the matter. Mr. Sweeney suggested that if citizens want everything at one time, a referendum should be looked at. Mark McQuillan reviewed the Park and Recreation projects. Mr. McQuillan stated that at the time the proposed projects were looked at, the outcome of the recent referendum was unknown, therefore, significant changes had recently been made. Mr. McQuillan stated that the referendum projects were moved out to 2005 and Park and Recreation was looking at new projects in the Southbridge area. Mr. McQuillan stated that it was critical to start the recreational trails in Southbridge before all the homes were built because it would be too difficult to construct trails when the project was built out. Mr. McQuillan stated that next phase of the project would be the development of the MnDOT property for a community park. He noted that the cost of $400,000 was spread out over four years. Jane DuBois stated that she did not like the idea that the projects which were defeated in the referendum were delayed until 2005. Ms. DuBois stated she believed the outcome of the referendum Official Proceedings of the June 29, 1999 Shakopee City Council Page -5- would have been different if it would have included park improvements only. Mayor Brekke stated it was important to sift through what the community wants. Mayor Brekke stated if certain neighborhood park improvements would be under $100,000, improvements should not be a problem. Deb Amundson stated that maybe some of the smaller projects should be reviewed and put back in their original slots. Cletus Link questioned the general condition of the parks in the City. Mr. McQuillan stated that the Hiawatha Park building was literally falling apart. Mayor Brekke suggested that the Park and Recreation Advisory Board recommend projects with pressing needs and try to get them into the 2000 and 2001 slots. Mr. McQuillan stated that the Hiawatha Park project would be one of those with pressing needs, however, there were not a lot of others. Mr. McQuillan also noted other projects slated for 2000 which were Stans Park resurfacing and Muenchow Fields Irrigation. Mr. McQuillan stated that the irrigation project is needed to maintain good quality turf. Mr. McQuillan also highlighted the O'Dowd Lake Park Roadway and Parking. He stated it was a joint project with the Minnesota Tree Trust Program and included installation of five family size picnic shelters and construction of paved roadway and parking lot. Mr. McQuillan reviewed land acquisition for the Sunpath School area to meet the growing need for youth athletics facilities. He stated that 10 acres would be dedicated by the developer but an additional 10 acres would be needed. A discussion was held regarding when would be a good time for another Park and Recreation referendum. Mayor Brekke noted the City would not want to have any referendum on the ballot when the school district would be having one. Bob Sweeney suggested entering into an agreement with the school district regarding parks and the purchasing of land. Deb Amundson stated she thought the timing of the referendum was the cause for its defeat. Ms. Amundson noted that the property tax statements had been sent out just before the referendum and the taxpayers saw a large increase in the market value of their homes and were concerned they would be voting themselves another tax increase. Jane DuBois thought another referendum should be tried this year since next year a school referendum would be on the ballot and 2001 would be too long to wait. Ms. DuBois suggested holding a referendum with the general election in November. Bob Sweeney stated that if a referendum were again defeated in November, it would be a long time before another referendum could be tried. Mark McQuillan highlighted other Park and Recreation projects including construction of a County Road 79 trail which was a high priority of the Council so the project was included in 2000. Official Proceedings of the June 29, 1999 Shakopee City Council Page -6- Bruce Loney reviewed the Murphy's Landing project. Mr. Loney stated Murphy's Landing had been working with the DNR and other agencies for grant funding. Regarding the Park and Recreation's proposed 2001 Arojects, Mark McQuillan stated the council may want to move the 4 Avenue Trail to Memorial Park project until 2002 due to an unknown plan in closing the rail crossing. Mayor Brekke suggested moving the mini golf course in Lions Park proposed for 2003 to either 2005 or deleting it from the CIP. Mayor Brekke thought the private sector may provide such a project. Mark McQuillan stated that the council may want to think about including skate parks. Bruce Loney reviewed the 2000 projects for Sanitary Sewer. Mr. Loney stated that some of the projects were dependent on interest from businesses and the wants and needs of property owners. Bob Sweeney stated that all projects for 2000 in the Sanitary Sewer and Storm Drainage were already funded so there was no need to review them. Gregg Sticha noted that the balances for the funds were not very high, however, they were sufficient. Regarding street reconstruction, Bruce Loney stated one of the 2000 projects was the reconstruction on Third Avenue from County Road 79 to Shumway and Shumway from Second Avenue to Third Avenue which is the area where Rahr Malting is located. Jane DuBois questioned whether Rahr Malting would be contributing 25%. Regarding the Gorman Street reconstruction, Bruce Loney noted that the project was slated for funding in 2000 but would probably not be done until 2001. Bob Sweeney noted the majority of assessments would be to the City for that reconstruction. Bruce Loney stated that at a minimum, the sewer would need to be replaced. Mayor Brekke suggested leaving the project in 2000 since it needed to be taken care of. Mr. Sweeney stated that the street is one of the least traveled in the City and would not benefit many people. Mr. Loney stated that a feasibility study was ordered and it would be presented to the council. Jane DuBois stated that the road may be less traveled because it is in such poor condition. She noted improving the road may also take away traffic from Marschall Road. Cletus Liqk stated that there is already right-of-way available south of 4 Avenue by the drug store. Bruce Loney highlighted the other 2000 projects. He noted that the West Dean Lake Business Park project was one of the largest projects. Cletus Link stated that there was rgthing in the County's five-year CIP for improvements to 17 Avenue and Marschall Road south of 169. Mr. Link wondered if the City and county should not have another development assessment. Jane DuBois indicated her concern that no funds were allocated for Marschall Official Proceedings of the June 29, 1999 Shakopee City Council Page -7- Road. Mr. Loney indicated that 17th Avenue Extension project was developer dependent. He also indicated a petition had been received from residents asking for barriers in the 169 area to lower the noise levels. Mr. Loney indicated that matter would be brought to the council at the next meeting. Jane DuBois questioned the availability of a sidewalk at the Minnesota Correctional Facility. Mark McNeill stated that the State was not anxious to install a sidewalk, however, the matter should be looked into further. Bruce Loney indicated there was a problem with all bridges going over 169 in that they were not wide enough for pedestrian traffic. Mr. Loney stated he had talked to MnDOT about funds, however, the City would need to participate and was probably looking at $200,000. Mr. Loney indicated that the pedestrian bridge project was included in 2002. Jane DuBois questioned whether there were any plans for signalized crossing arms at the busy railroad intersections. Mark McNeill stated that the matter would need to be reviewed due to funding and other available options. Mr. McNeill noted that crossing arms cost approximately $100,000 per crossing. Ms. DuBois requested that the matter be put on the next council agenda. Larry Meilleur suggested that the City try and intensify negotiations between the county and the seed company regarding Valley View Road. A discussion was held regarding the possibility of funding sources so the library could be moved to 2002. Bob Sweeney stated he was not willing to move the library project unless another project was taken out of 2002. Jane DuBois stated she thought the library needed to be built. Gregg Sticha confirmed that it was the consensus of the council to remove the mini golf project from the CIP. Sweeney/DuBois moved to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:35 p.m. Respectfully submitted, ?111. 0,14, ( c), I?fr: udith S. Co City Clerk Janet Vogel Freeman Recording Secretary 4/: (912 CITY OF SHAKOPEE - Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 30, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 09/30/99. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $0 .00 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $2, 879 . 12 . Action Requested Move to approve the bills in the amount of $228, 907 . 11. 6. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/30/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 4,351 43,106 58 12 CITY ADMINISTRATOR 219,200 12,922 135,930 62 13 CITY CLERK 201,220 11,498 129,270 64 15 FINANCE 348,770 34,615 269,152 77 16 LEGAL COUNSEL 269,000 5,250 254,364 95 17 COMMUNITY DEVELOPMENT 737,468 73,364 405,776 55 18 GENERAL GOVERNMENT BUILDINGS 232,230 8,993 127,962 55 31 POLICE 1,930,119 146,966 1,320,753 68 32 FIRE 618,420 13,720 353,041 57 33 INSPECTION-BLDG-PLMBG-HTG 340,962 31,662 235,831 69 41 ENGINEERING 507,620 33,405 352,438 69 42 STREET MAINTENANCE 827,730 31,039 509,944 62 44 SHOP 145,330 12,776 103,479 71 46 PARK MAINTENANCE 492,090 27,461 316,891 64 91 UNALLOCATED 589,550 267,002 97,701 17 TOTAL GENERAL FUND 7,533,789 715,025 4,655,640 62 17 COMMUNITY DEVELOPMENT 676,180 500 427,805 63 TOTAL TRANSIT 676,180 500 427,805 63 19 EDA 403,170 4,231 131,124 33 TOTAL EDA 403,170 4,231 131,124 33 Hz 4) ^ft$ W pp x0 0000 00 000 to 00 0000 00 0 0 0 0 00 0 0 00 00 0000 0 H N H a w 0 0I O1 04 I ON H 04 Cl) z o W M H al H N M U1 m d' 0 W MM 01 N O1 m O1 00 N 01 HM ON W H O1 14 01 0 O M W 0000 W 0 O U1 10 U1 U)W 10 01 V' U1 H O 01 M U1 WV NM NNNN NN NN N N N NN c0 N HN ON V'U)NO N H mm 0000 00 \ N o m 0 00 m O V'V' V"0' mmm NN 0000 0 0 O1 U) 0 H 0 00 H 0 HH HH HHHH 0 H 00 HHHH HH 0 0 0 00 0 0 MM 00 0000 U) [-+ U1 U) NNNN NN H V' m H H HH V H VV HH HHHH H ZA4 NN MMMM MM N N V N N NN N V NN NN NNNN N VV d'VVd' VV d' V V N V VV d' d' MM NN NNNN VV 0 0 I I tI I I I 1 I IHH H 00 0 0 0 0 U$ HH HHHM HH H H H 0 N MM H M MM 0 0 0VVVV 00 0 N U Z V'V' M N N 10 NM U) N U) d' 4�„ V'V' MHMM Ml H N 010 V HM M H MM 00 001000 00 0000 0 0 0 0 0 0 01 0 00 0 0 00 MM 01 01 O1 01 0 Z 0 H E U W A WW U HW UU H (�Pd HH Z a 0 H H W 0 E HH Z C4W Z o oo a w Z 44 0 as Z W4 XW >Aza W H W 0 fL fL H AA 0HH H 4 Z 0 U1 U] Z HZ C1-,1 U]OxM MM x `� 0 a H fn 00 E °a° 04 Wzaa Cl) 0 e0 zzzz WW Z Z W 4 41 ZZ z E coW = 0000 00HH W U� UH = 01010101 0101 4 a U a HQ' 44 a Cd CG H 4 U3 El N WW 2010101 w U .WWWW Cz)Cx)01 03 03 w 0, Cl) co H 4 as Cl Z NrMi WN OHNN VWWN 4 EWW E HHEH EE 0 W Cl) N E 00 W f# NU) H10 WNNN Z MMMM U, U WWWW Z 0000 H HH H x 0 HHHH a H 0 0 gaga a as crl 00 WWWW W N 0 x HH EE-EEI a HH MU)U)Ul W 0 MM H W EE A ZZZZ U)U)U)Ul �� ,� 00 0000 X p 00 WWWW W 01 E C4 00 H W 44 q2 as 41414141 H W IX p, 44 Z E WW W W -IEEE 4 WW WWWW0 H HHHH a W 0 H H £ R WW 00 0 0 0000 H 0 0 3 3 3 3 0 sss �� HHHH EE 0 0 MM 0 a >> XX MM xx �aU! pax x 41 WW HH A 4 01 EE gaga M y, MM A a AA MM 41414141 �11�31 EEEE EE 44 4444 44 a ca Ca wCa 0 0 UU UU 00000 000 0 * „ * * * * * * * * * H O)01 lO tO N a)N U)01 d' �� c(?,?) 0 U1 U1 � 00 01 01 U1 U)O 10 10 00 000 000 00000 E..4 N N V' W c 0 0 H 01 0)H O 10 10 0 0 01 01 0. mm O O N ..... 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H H H H H H H H H H H H H H H 0 a Z to 10 N CO 01 0 H N M w LO to H CO a, 0 a, ao 01 01 01 Cl 01 01 Cl 0 X HA HA HA HA HA HA HA H A HA HA HA H A rgU M* M* M* M* M* M * M* M * M* M* M* m4. 0 x l0 v t0 v WV toy to v toy toy va v to v to v to v W v m rn ro 04 H Ol 01 an rl a En 0 rI p N O l0 H NO O O H N W 01 W CO H H UI r-1 In 0 CV 01 H 10 O de Ulr- 01 VUI 01r- 0 W O M 0 -I O1 CO O7 ('1 U1 U) 0 rl N N CO r-I 411- • ? 01 N N ri r1 m N M 03N Z >4 U 0 E-1 w ZCZ1 CO u) H w aWc z z ] P a 0 a Z z 0 5 q I,, a E z H Cl)cm Z 0 0 H Z Z A H >+ w N a a a w E-1 a A f-+ H A w s E 3 Z w U W H H m a a Cl) H E-. U H d, 0 H CO O1 N O O O O 0 (, 0 H N N d' d' UI M 'd4 U1 N d' UI 0 H d' V4 d' d' d' N N N c0 a0 c0 H it it it it it it it it it it it it it CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of a Blanket Easement in Shakopee Valley Marketplace APPLICANT: The City of Shakopee MEETING DATE: October 5, 1999 INTRODUCTION: At its September 7, 1999 meeting the City Council set a public hearing to initiate the vacation of a/D blanket easement over properties in the plat of Shakopee Valley Marketplace. The easement was originally granted to Minnesota Valley Electric Cooperative(MVEC)several years ago. It was transferred to the City for Shakopee Public Utilities Commission(SPCU)use in 1998. With the plat of Shakopee Valley Marketplace,the City has obtained the easements needed by the City and SPUC, and no longer needs the blanket easement. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission reviewed the proposed vacation at its meeting of September 23, 1999, and recommended vacation of the easement on a vote of 6-0. ALTERNATIVES: 1. Approve Resolution No. 5240, approving the requested vacation and move its adoption. 2. Deny the request to vacate the subject easement. 3. Table the proposed vacation to allow time to provide additional information. ACTION REQUESTED: Offer and approve Resolution No. 5240. R. Michael Leek Community Development Director RESOLUTION NO. 5240 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A BLANKET EASEMENT ON PROPERTIES IN THE SHAKOPEE VALLEY MARKETPLACE PLAT, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS,it has been made to appear to the Shakopee City Council that a blanket easement across properties in the Shakopee Valley Marketplace plat, City of Shakopee, County of Scott, State of Miinnesota, serves no public use or interest;and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 5th day of October, 1999; and WHEREAS, two weeks published notice was given in the SHAKOPEF, VALLEY NEWS; and by posting such notice on the bulletin boards on the main floor of the Scott County Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the blanket easement over the following described property in the County of Scott, State of Minnesota, serves no further public purpose: The plat of Shakopee Valley Marketplace, City of Shakopee, County of Scott,Minnesota 3. That the easement described above is hereby vacated. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. RESOLUTION NO. 5240 Page 2 of 2 Adopted in session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1999. Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 5 - CITY OF SHAKOPEE —. Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Blanket Easement MEETING DATE: September 23, 1999 Site Information Applicant Oppidan Investment Co. Site Location: Southeast corner of County Road 17 and Highway 169,north of 17th Avenue Current Zoning Highway Business(B 1) Adjacent Zoning North: Highway 169 South: Office Business(B2)/PUD Overlay#6(St.Francis Hospital) East: High Density Residential(R3) West: County Road 17 1995 Comp.Plan: Commercial MUSA: The site is within the MUSA boundary Introduction The City Council received a request from Oppidan Investment Co. to consider the vacation of a blanket easement located within the Shakopee Valley Marketplace plat. Discussion A blanket easement was granted to Minnesota Valley Electric for this property while this property was under the jurisdiction of the township. The property was then annexed into the City of Shakopee. With the annexation, the easement was transferred to Shakopee Public Utilities(SPUC). SPUC has informed the City that the easement is no longer necessary. The City Council will hold a public hearing on October 5, 1999, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. An exhibit indicating the location of the subject property is attached for your review. Alternatives: 1. Recommend to the City Council the approval of the vacation of the blanket easement located hi Shakopee Valley Marketplace. 2. Recommend to the City Council denial of the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, the City Council approval of the vacation of the blanket easement located in Shakopee Valley Marketplace. Action Requested: Offer and pass a motion recommending approval of the vacation of the blanket easement located in Shakopee Valley Marketplace. / c .0110 ,e/�i��Ilyc 4 e a P . er II i:\commdev\boaa-pc\1999\0923\vacopp.doc .. , , _ - eXiI IFp_rT A , ` � � 4.140� B 1 ing Dr , �s 1111. — i all 111 . t��������������► a ®®�®®®®®®®® 00 ,,,�rl, B 1 R2 a t 1 B t:=--rr�� B1 dam OW . .•� , Y%1 * STK AG -00111111111ft . , , R3 i Si] AG AG R3 D 1',th Ave ® t it � ' % RIB I _ U ❑ l 1 BPr_lHiII II III 1 cl--7:=1 / 401' PrIv PI Ilk 41111 it 1==11 ♦ II r- PillilliAl N '1111FMCOMMUNITY PRIDE SINCE 257 ;i�— E S Proposed Shakopee Valley Marketplace FP Parcels.shp Q Zoning.shp 05/10/99 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Presentation of Noise Study on Hauer's 4th Addition by T.H. 169 DATE: October 5, 1999 INTRODUCTION: Attached to this memo is a Noise Assessment Study forVierling Drive and Jasper Road in Hauer's 4th Addition, as prepared by David Brauslau Associates, Inc. This agenda item will consider the study that has been prepared and its recommendations and decide on a course of action in dealing with the traffic noise along T.H. 169 in this area. BACKGROUND: At its June 2, 1999 Council meeting, a petition was presented to the City Council from residents along T.H. 169, who live in the Hauer's 4th Addition area. Residents who signed the petition live on Emerald Lane, Diamond Court, Jasper Road, Onyx Drive, Saphire Lane and Vierling Drive East. After receiving the petition, staff brought back an agenda item with a proposal from David Brauslau Associates, Inc. to conduct a Noise Assessment Study in the area to determine the noise reductions from various alternatives of berms and walls and the costs and benefits associated with these items. At the July 7, 1999 Council meeting, Council directed a report be prepared by David Brauslau Associates, and this report has been completed and attached for Council review. With this study there are nine areas contained in the report and they are as follows: • Study Background and Objectives • Study Area Location and Layout • Monitored Sound Levels • Traffic Data and Assumptions • Predicted Sound Levels in Comparison with Monitored Levels • Predicted Sound Levels with Alternative Barrier Heights • Evaluation of Barrier Effectiveness and Costs • Alternative Mitigation Strategies • Findings and Recommendations With this study, David Brauslau Associates reviewed the requirements of noise standards from the City of Shakopee and the Minnesota Pollution Control Agency, as a basis to determine the magnitude of the problem. The report contains previous topography and a study done by staff for a proposed berm on the developed parcel south of Vierling Drive and west of the current Fire Station. The consultant did do monitoring and lists the monitoring time and conditions, as well as the observed sound levels at the monitoring site which was located at Vierling Drive and Jasper Road. The results of the study indicates that the daytime standards for noise levels is being met on Vierling Drive. However, the nighttime standard from 6:00 A.M. to 7:00 A.M. is not being met. The alternative barrier heights were then modeled with the calibrated noise levels from the monitored site and predicted noise sound levels, and the various wall heights could not meet the nighttime standard in this area. It is likely that most residents have an exterior to interior noise reduction of at least 30 dBA and would then be in compliance with the nighttime noise standards as long as the windows were closed. The various barrier heights effectiveness and cost was then analyzed by David Brauslau Associates, and the cost benefit of these barriers did not meet the Mn/DOT reasonableness test. MN/DOT has established $3,200.00 per dBA per resident as a limit for reasonableness for costs of new noise barriers. Also, a barrier is usually not recommended unless it can provide an average reduction of at least 5 dBA. From this report, the barrier providing at least 5 dBA benefit would cost approximately three times the reasonableness limit for the L50 Noise Standard and at least four times the limit for the L10 Standard. Based on this analysis, it is recommended that a sound barrier or construction of a noise barrier in this area for the Hauer's 4th Addition not be constructed, as the cost benefit ratio is not reasonable. It is recommended that the City encourage development in the area south of Vierling Drive which would require a noise mitigation of some type and would have been some benefit to the neighborhood adjacent to the site. Staff also asked David Brauslau Associates to look at other alternative mitigation strategies, such as pavement treatment of T.H. 169 and speed reduction of T.H. 169. This analysis is included in Chapter 8 of the report, and the change of pavement treatment from concrete tine to a bituminous pavement would result in an approximately 4 D.B.A. reduction. A speed reduction from 65 m.p.h. from 50 m.p.h. would yield only a 3 D.B.A. reduction based upon the Stamina noise model. These predicted results of speed reduction are shown in Table 8.1 of the report. Based on this report, it is recommended that noise barrier not be constructed for the properties in Hauer's 4th Addition as this would not be a cost effective reasonable noise mitigation strategy. Once the property south of Vierling Drive and west of the Fire Station develops, a noise barrier of berms and possible wall would be necessary in order to meet the requirements for the development of that site. The noise barrier constructed would have more benefit to the area adjacent to Vierling Drive and would provide a reasonable noise reduction in this area. The City may also want to request Mn/DOT to look at its pavement treatment and possible speed reduction in this area. However, these mitigation strategies will more than likely not be implemented by Mn/DOT at this time. ALTERNATIVES: 1. Approve a motion receiving the Noise Assessment Report for Vierling Drive and Jasper Road and direct staff to implement the recommendations contained in this report as much as practical. 2. Approve a motion accepting the Noise Assessment Report for Vierling Drive and Jasper Road, and implement the recommendations of the report and as modified by Council. 3. Table for further information. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the report and implement the recommendations as contained in the report in order to achieve noise reduction along T.H. 169 in this area. Staff believes that constructing a noise barrier that does not have a cost effectiveness would be a project that would be difficult to assess. The main benefactor of any wall barrier or noise barrier would be the undeveloped property south of Vierling Drive. Staff believes that working with the developer of this site would be the best for the area, and would be the most cost effective in achieving some noise mitigation in this area. ACTION REQUESTED: Approve a motion receiving the Noise Assessment Report for Vierling Drive and Jasper Road and direct staff to implement the recommendations contained in this report as much as practical. ‘ruce 4/7( Loney Public Works Director BL/pmp NOISE I • 1 1 NOISE ASSESSMENT I Vierling Drive at Jasper Road Shakopee, Minnesota 1 1 Prepared for the I City of Shakopee, Minnesota by ' David Braslau Associates, Inc. I I I 22 September 1999 I I I I TABLE OF CONTENTS Page ' 1.0 STUDY BACKGROUND AND OBJECTIVES 1 2.0 STUDY AREA LOCATION AND LAYOUT 2 3.0 MONITORED SOUND LEVELS 5 4.0 TRAFFIC DATA AND ASSUMPTIONS 6 5.0 PREDICTED SOUND LEVELS AND COMPARISON WITH MONITORED LEVELS 8 6.0 PREDICTED SOUND LEVELS WITH ALTERNATIVE BARRIER HEIGHTS 9 ' 7.0 EVALUATION OF BARRIER EFFECTIVENESS AND COST 12 8.0 ALTERNATIVE MITIGATION STRATEGIES 13 9.0 FINDINGS AND RECOMMENDATIONS 14 1 1 i I 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 IVierling Drive at Jasper Road/Shakopee, Minnesota Noise Assessment I1.0 STUDY BACKGROUND AND OBJECTIVES I The housing development north of Vierling Drive was constructed prior to the completion of the Shakopee Bypass(TH 169)approximately 400 feet to the south. The Indirect Source Permit Application submitted for the Shakopee Bypass did not directly address these properties since I the land was undeveloped at the time the document was prepared. Most residential developments abutting TH 169 have been required to construct berms for noise mitigation to comply with the City of Shakopee 70 dBA guideline or the Minnesota Pollution Control Agency I standards. Noise limits for residential properties under MPCA rules are listed in TABLE 1.1. The L10 is the level exceeded 10% or six minutes of the hour. The L50 is the level exceeded 50%or 30 minutes of the hour. dBA refers to the A-weighted decibel which is the commonly Iused overall sound level for community noise studies. TABLE 1.1 IMPCA(Minnesota)NOISE STANDARDS Time Period L10(dBA) L50(dBA) I Daytime(7 am- 10 pm) 65 60 Nighttime(lO pm- 7 am) 55 50 1 TH 169 has now been completed and the speed limit has been increased from 55 mph when the roadway was planned to 65 mph. Noise from the roadway has been identified by some of the I residents of the homes north of Vierling Drive as an adverse impact. This study has been prepared to establish noise levels at these homes and to investigate the potential for mitigating these noise levels. 1 I I I I I I City of Shakopee Page 1 I ' Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 2.0 STUDY AREA LOCATION AND LAYOUT 1 The study area location is north of TH 169 and in the vicinity of the intersection of Vierling Drive and Jasper Road in Shakopee(FIGURE 2.1). The study area layout and location of homes north of Vierling Drive relative to TH 169 and the previously proposed berm is shown in FIGURE 2.2. 1 i 1 i i 1 1 1 1 1 i i 1 1 City of Shakopee Page 2 i Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment a t - aff 4�, ♦ I a4 ,,y ,serves 41 LAW Y. a1 x t14 >r' ;•'��' I CHANHASSEN ° `, �, �[a �fuw ,,.' ♦ r.�•^ .t � .r + ��: ;"' Bandimen k 4". s� z 3 o 1 ""'f r-i _ Comm . �,�yY�. `. f. `' ;')f Park 9' diiik.�`' J a C+erk R • ...a1.. / . • 534/ ''' � •� I af/I G..k t L A caRja... s� • t s , L Rw.rnaoa r :;--''''''S:44-.—.' X7.1, d.(1y ,Z • `f a.')1.>". -'%441, 'ro+'S •R1♦r ' ; -P-;:i‘''' 5 `•7 s r Z X'111¢ 1 f'tom`�1e� �it�4q i3 1r ro tQ `� Alf'11111 n0i-,:; , 1?3: ii .71. 4r .r I 55318 .,r . . sem' cif 6 • .a-'-- ,.�i.,.f" 'V "�r w +:.1 <- w, ;„ac j --.-,,,,,..-i ,. - n t,Lt 1.a'' '! 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Y� ; A —1 J_�Lvll I Vierling Drive at Jasper Road I City of Shakopee (Shakopee,Minnesota) FIGURE 2.1 NOISE ASSESSMENT Study Area Location David Braslau Associates,Inc. I City of Shakopee Page 3' I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ... v en a. tu ca I Z i Nm i 1 N ca -.1,;) 1 4. 'b I cn I \ t, /Rhitillillir 113 ' I ! .. - • i U i I ! 6 Cl) ; �S_ O 1 I Ili"Ili• 7.)11._ r v ll I. I ..3„�.. III _ _ 03 0 ;1 II I :1 I; 1 , ;.:1,. I a.- t 1 R 1',1•, a fl 83dSVr 1'. I..'.11' • i. '4r . '�• 1 9 •> ¢ 1 .I A c w .1 • • ill'I 1 I 1' i I '1 P W ,;.. -- I. I , • I ",:., t k K % • • • y 1 N l..el tr•11 1 N w CS I l. l 1 1 l I O •04O '' ' 1 ;,I r l '0'01;0: J 1 I ''I l l'I' H1 •. ,i'A 1 Ir 1r l 11111",'111111' 'r Al ¢ '1l_ ` X1.1 , I r1 r' Il li1 Ir•'1 I' V] 11 I I I I', I O r:111.' 1 ri 1 1 r '1':11;If .I 1 OCI !;l• '.! •O.. 1 pll ,l.. .1 �.1�'r •h,. 1 111 i',:1'x•1 `rcn 'CI ` .I.,,r ,� I 1 . 1 ^' Far to 11 1 ., i' `.. : , X 11 i i V LQ .'� ,.!I'1 ,Ilr., ' . , l• , 1 ,.11 c I11. 1 hr - I I 1 > �.. I XI 1 CA '�;: ' o U 1 ! ' Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 3.0 MONITORED SOUND LEVELS Sound levels were monitored on Jasper Road just south of Vierling Drive during two time periods as noted in TABLE 3.1. TABLE 3.1 MONITORING TIMES AND CONDITIONS Time Day Date Temperature Wind ' 6-7 am Thursday 5 August 1999 60 calm 5-6 pm Wednesday 11 August 1999 83 SE 11 mph The monitoring site used for both time periods was located approximately 375 feet from the edge of pavement of the westbound lane of TH 169. Results of the monitored data are presented in Table 3.2. TABLE 3.2 OBSERVED SOUND LEVELS Time Period L10(dBA) L50(dBA) 6-7 am 65.7 63.3 5-6 pm 67.2 64.8 Based upon the observed sound levels immediately south of Vierling Drive, it is likely that the 70 dBA limit would be exceeded on the property just north of TH 169. The observed sound levels are also approximately 10 dBA above the MPCA nighttime MPCA standard and as much ' as 5 dBA above the MPCA daytime standard at this location. 1 1 I 1 City of Shakopee Page 5 I 1 1 1 1 1 1 1 1 1 1 1 1 Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 4.0 TRAFFIC DATA AND ASSUMPTIONS Hourly traffic variations on TH 169 are shown in FIGURE 4.1. This provides a basis for predicting sound levels during the critical 6-7 am hour and the pm peak hour 5-6 pm (which is essentially the same as the 4-5 pm hourly traffic). Based upon the total hourly traffic and observed vehicle mix along TH 169, vehicle mix assumptions are listed in TABLE 4.1. TABLE 4.1 VEHICLE MIX ASSUMPTIONS (vehicles per hour) Time Period Automobiles Medium Trucks Heavy Trucks 6-7 am EB 1347 30 30 6-7 am WB 527 20 20 5-6 pm EB 954 30 20 5-6 pm WB 1559 40 30 A travel m speed of 65 h has been assumed for all time periods and directions. Observations did P P not indicate any periods even during the evening rush hour, when traffic flow was high enough to cause a reduction in speed. A normal pavement surface was assumed in the model predictions. 1 I i 1 1 1 1 1 1 City of Shakopee Page 6 1 Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment I I I ITH 169 HOURLY VOLUMES 1800 1 - WESTBOUND 1600 EASTBOUND 1400 I1200 - w 2 D 1000 I it 800 - D X 600 -♦-EB --WB I 400 I 200 0 t i i I ii ! i i 1 i I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUR ENDING I I •I I Vierling Drive at Jasper Road 1 City of Shakopee (Shakopee,Minnesota) FIGURE 4.1 url NOISE ASSESSMENT Hoy Traffic Variation on TH 169 David Braslau Associates,Inc. I City of Shakopee Page 7 .. 1 1 1 1 1 1 1 1 1 I 1 1 1 iii Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 5.0 PREDICTED SOUND LEVELS AND COMPARISON WITH MONITORED LEVELS I Sound levels were predicted using the STAMINA 2.0 model developed by the Federal Highway Administration and adapted by the Minnesota Department of Transportation. Levels were predicted at the residences north of Vierling Drive(discussed in Section 6.0)and at the monitoring site. Comparisons between predicted and monitored sound levels at the monitoring Isite are presented in TABLE 5.1. In the table, it can be seen that a relatively constant difference of approximately 4 dBA exists between predicted and monitored levels. Based upon observations during the monitoring periods,this appears to be attributable to the tining of the Iconcrete pavement, which increases tire noise from all vehicles,especially trucks. If a 4 dBA adjustment is applied to the readings,the measured and predicted(adjusted) levels show a very high correlation for both time periods and metrics. Therefore,this adjustment will be applied to Iall modeled levels discussed below. TABLE 5.1 I COMPARISON OF MEASURED AND PREDICTED LEVELS (at monitoring site) 1 PM period w/4 dBA Measured Predicted Difference adjustment IL10 67.2 63.6 3.6 67.6 L50 64.8 60.3 4.5 64.3 IAM period w/4 dBA I Measured Predicted Difference adjustment L 10 65.7 62.6 3.1 66.6 L50 63.3 58.9 4.4 62.9 I I I I I ` I 1 City of Shakopee Page 8 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IVierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 6.0 PREDICTED SOUND LEVELS WITH ALTERNATIVE BARRIER HEIGHTS Sound levels have been predicted at the five homes shown in FIGURE 6.1 for the existing Isituation and with three different sound barrier heights(10', 15'and 20')whose location is also shown in FIGURE 6.1. The sound barrier has been assumed to be located along the break in grade before dropping down to the roadway. I TABLE 6.1 presents the predicted L10 and L50 level for the 6-7 am time period for the existing condition and with three different wall heights. It can be seen that even with a 20' wall, the I nighttime standards will not be met. However, if the homes are provided with year-round climate control and have insulated glazing to comply with the energy code, it is likely that the residences will have an exterior-interior noise reduction of 30 dBA and hence will be governed I by the MPCA commercial noise standards which are LIO 70 and L50 65 dBA. Under this exemption all of the receptor sites would comply with the nighttime noise standards. I TABLE 6.1 PREDICTED SOUND LEVELS FOR 6-7 AM PERIOD (all levels in dBA) IAM Existing AM 10'wall AM 15'wall AM 20' Wall Receptor L10 L50 L10 L50 L10 L50 L10 L50 I 1290 63 60 61 57 60 55 58 54 1291 64 60 62 58 60 56 58 54 1296 64 61 63 58 61 56 58 54 I 2710 63 60 62 59 61 57 59 55 2740 63 60 62 59 60 57 60 56 Standard 55 50 55 50 55 50 55 50 IPredicted Noise Barrier Benefits AM 10'wall AM 15'wall AM 20' Wall I Receptor 1290 L10 L50 L10 L50 L10 L50 -2 -3 -4 -5 -5 -6 1291 -2 -3 -3 -5 -6 -6 I 1296 -2 -2 -3 -4 -6 -6 2710 -1 -2 -2 -3 -4 -5 2740 -1 -1 -3 -3 -3 -4 I I I I I City of Shakopee Page 9 I 1 t 1 t I o 00 ca y . a y 0 E I� a I Z 1, .� I ; co I I V w ij • � :�•.\ \\ '' -,.,,,,____ � �,+ Illi � ,, .. , I •Ail1i • y II' ,� CA I 'a. III I y, l h I • • y i LLJ 0 11 •• ' �a-'�4: ,...,..20.— .a.�n�lu ill .:' ill 'I�, _ • '=I 'C7 ii••?).:1' ilr.1 ..,:: ill iiils,,, , .1. • i C4N aaasvr I 1.--, �+ In I Q I A O W • • Ill! i • 1 E� 0 O I '.:' i Hi ' I ,, t Dai• CO) Z ,.1 I • I ,1 W `.1. II.' I I .0 , 1 I4 � I 1•' 1 I 1 •; I ...;,..,.‘4........ .., `A4k hW`' . 1 ti 1 • 1. • ..‘1.11--- ,%":-Z.,\*. I11.'... O •0 Xi I; •' .: '•,.. '.1 '. I. •'i 1,',',11,1'., I1;i11I,:; ^� -.1'' 1, '' d '1 1,1111'1.. ',", :;' cn �,,y . P ! at • '1 1,' , ..ii• , • •• '411111' . 1 ' :•' III J ,, :!. k .: • • .0 U i tVierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 TABLE 6.2 presents the predicted L10 and L50 level for the 5-6 pm time period for the existing condition and with three different wall heights. It can be seen that only the L50 is exceeded under existing conditions and that a 10' high wall would bring the L50 into compliance with the ' noise standards. TABLE 6.2 PREDICTED SOUND LEVELS FOR 6-7 PM PERIOD (all levels in dBA) PM Existing PM 10'wall PM 15'wall PM 20' Wall Receptor L10 L50 L10 L50 L10 L50 _ L10 L50 1290 64 61 61 57 60 56 59 54 1291 64 61 61 58 59 56 58 54 1296 65 62 62 58 60 56 58 55 2710 64 61 62 59 60 57 59 56 2740 64 61 63 59 61 58 61 57 Standard 65 60 65 60 65 60 65 60 Predicted Noise Barrier Benefits I PM 10' wall PM 15'wall PM 20' Wall Receptor L10 L50 L10 L50 L10 L50 1290 -3 -4 -5 -5 -5 -7 1291 -3 -4 -5 -6 -6 -7 1296 -3 -4 -5 -6 -7 -7 2710 _ -2 -3 -4 -5 -5 -6 2740 -2 -2 -3 -3 _ -4 -4 I I I I 1 I City of Shakopee Page 1 1 I IVierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 7.0 EVALUATION OF BARRIER EFFECTIVENESS AND COST Estimated cost of the noise barrier for each height and segment is shown in TABLE 7.1. ITABLE 7.1 ESTIMATED COST OF NOISE BARRIERS($) ISegment Length(ft) Cost(10') Cost(15') Cost(20') B1-B2 224 22,400 50,400 89,600 IB2-B3 161 16,100 36,225 64,400 B3-B4 471 47,100 105,975 188,400 B4-B5 120 12,000 27,000 48,000 ITotal 976 97,600 219,600 390,400 I Based upon the estimated barrier costs from TABLE 7.1, the cost-effectiveness, expressed as the cost/dBA/residence has been calculated and presented in TABLE 7.2. ITABLE 7.2 COST EFFECTIVENESS OF NOISE BARRIERS (based upon 5-6 pm level) 1 L50 Benefit L10 Benefit 10' 15' 20' 10' 15' 20' I Average barrier reduction(dBA) 3.2 4.9 6.2 2.8 4.4 5.4 Cost/dBA/residence 6,100 9,000 12,675 7,072 10,027 14,406 MnDOT reasonableness 3,200 3,200 3,200 3,200 3,200 3,200 IThe Minnesota Department of Transportation has established$3,200/dBA/residence as a limit on reasonableness for the cost of new noise barriers. Moreover,a barrier is not recommended I unless it can provide an average reduction of at least 5 dBA. These criteria are also applied to an L10 70 dBA. It can be seen from TABLE 7.2 that even the 10' barrier(providing only a 3 dBA reduction in L50)would cost double the reasonableness limit. The barriers providing at I least 5 dBA benefit will cost approximately three times the reasonableness limit for L50 and four times the limit for L10. I Taking into consideration that the daytime standards are not currently exceeded and that the cost of a sound barrier would be well over the reasonableness limit established by the Minnesota Department of Transportation,construction of a sound barrier does not appear warranted at this Ilocation. I I I City of Shakopee Page 12 I t i 1 1 1 1 1 1 1 1 1 1 1 1 IVierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 1 8.0 ALTERNATIVE MITIGATION STRATEGIES Several alternative mitigation strategies are available although they may not all be feasible. IPavement Treatment I The current 6-7 am L10 and L50 levels are approximately 10 dBA over the respective standards of 55 dBA and 50 dBA. Eliminating the existing pavement tining would provide a reduction in sound level of approximately 4 dBA. This would not be sufficient to bring the nighttime levels I down to the standards. The daytime L50 is only 1 dBA over the standard and could be brought down below the standard with this measure. However, it would be difficult to justify such a measure for a 1 dBA benefit at a single location along TH 169. It is also unlikely that any I change to the pavement surface would be made over a small portion of the roadway. Paving with asphalt could possibly reduce the sound levels by as much as 5 to 8 dBA, but with a new roadway surface, it is unlikely that such treatment will be considered in the immediate future. ISpeed Reduction I The Indirect Source Permit Application analysis was based upon the assumption of a 50 mph design speed. At that time,the speed limit was 55 mph. Reducing the speed from 65 mph to 50 mph will yield only a 3 dBA reduction, based upon the STAMINA noise model, yielding the I levels shown in TABLE 8.1.This is approximately the sound level reduction that could be achieved by removing the pavement tining and the arguments above apply to this mitigation measure as well. Moreover, it is highly unlikely that the speed limit will be reduced along this I portion of highway which was designed as a high-speed bypass for the City of Shakopee and surrounding communities. I TABLE 8.1 PREDICTED LEVELS WITH A 50 MPH SPEED I 6-7 AM 5-6 PM 0 L50 L10 L50 1290 56.6 53.0 57.3 54.0 I 1291 56.8 53.3 57.6 54.5 1296 57.2 53.8 58.2 55.1 2710 56.6 53.2 57.6 54.6 I 2740 56.3 52.8 57.2 54.2 Standard 55.0 50.0 65.0 60.0 IFuture construction south of Vierling Drive Future construction south of Vierling Drive will provide some sound level reduction through I shielding by buildings(if commercial development)or by a berm or wall and additional homes (if a residential development). A preliminary estimate of the effects of wall height has been made assuming a new two-story residence located 50 feet north of the break in grade. A 10' I wall will reduce the 5-6 pm level from L10 71 (estimated)at the first floor level to L10 65 dBA and thus in compliance with the state L10 noise standard. A 20'fence will provide an 8 dBA benefit for the 2nd story but will only reduce the L10 70 to and L10 62, still 7 dBA over the I City of Shakopee Page 13 I Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment nighttime L10 standard of 55 dBA. Therefore, homes located close to TH 169 will require year round climate control and an overall 30 dBA exterior to interior noise reduction to be governed by the commercial rather than the residential standards,while a 10' wall may be sufficient to comply with the state daytime noise standards. A 10'wall(not taking into account any shielding from the new homes themselves)will provide a 5 dBA benefit for the homes north of Vierling Drive, bringing the 5-6 pm level down to around 60 dBA. More detailed information on the proposed structures south of Vierling Drive is needed to make a determination on nighttime noise levels. I I 1 I I I City of Shakopee Page 14 I 111 Vierling Drive at Jasper Road/Shakopee,Minnesota Noise Assessment 9.0 FINDINGS AND RECOMMENDATIONS Sound levels at the homes north of Vierling Drive are below the (L10) level of 70 dBA identified by the City of Shakopee as requiring mitigation. However,nighttime sound levels during the critical 6-7 am hour under the Minnesota Pollution Control Agency Standards are exceeded by approximately 10 dBA. The daytime sound levels are at or below the standards using the L10 descriptor and only 1 dBA above the standards using the L50 descriptor. Even construction of a sound barrier 20 feet in height at the edge of slope north of TH 169 would not be sufficient to reduce the nighttime levels below the standards. A sound barrier 15 feet in height would provide approximately 5 dBA reduction in the peak hour ' sound level but would cost three times the amount deemed reasonable by the Minnesota Department of Transportation. Based upon the noise analysis presented in this report,construction of a noise barrier is not recommended. ' Alternative sound reduction measures such as treating of the roadway surface or reduction in the speed limit are not likely to provide large enough reductions to be warranted. Moreover, implementation of these measures by the Minnesota Department of Transportation is not likely. Future construction south of Vierling Drive will provide some sound level reduction through shielding by buildings(if commercial development)or by a berm or wall and additional homes ' (if a residential development). It is recommended that development of the area between TH 169 and Vierling Drive be ' encouraged. Existing City of Shakopee requirements on noise mitigation for a residential development will likely require construction of a berm or noise wall north of TH 169. Commercial development is likely to have a sufficiently large floor plate and height as to provide some shielding benefit from highway noise. m:\job\99048\report.doc 1 1 I City of Shakopee Page 15 1 CITY OF SHAKOPEE Memorandum �. EG TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Todd Schumacher DATE: October 5, 1999 BACKGROUND: Todd Schumacher started working for the City on April 12, 1999 at Step 1 of the 1999 Pay Plan as a Maintenance Worker in the Public Works Department. His six months probationary period has been completed satisfactorily and it is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Todd Schumacher's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Todd Schumacher's probationary status. ACTION REQUESTED: Move to terminate Todd Schumacher's probationary status. J1 `7('2,g/ ruce Loney Public Works Director BL/pmp SCHUMACHER /S. 6. 3 , CITY OF SHAKOPEE Memorandum b 3 t TO: Mayor& City Council Mark McNeill, City Administrator FROM: Mike Hullander, Public Works Supervisor SUBJECT: Authorize Advertisement for Bids for an Asphalt Patching Box, Authorize the Purchase of a Cab & Chassis from North Star International Trucks, Inc. Utilizing the State Bid DATE: October 5, 1999 INTRODUCTION: In the 1999 Internal Service Equipment Budget, the Public Works Department has identified a need for an asphalt patching truck. This item is for Council to consider approving the specifications and authorize advertisement for bids on the asphalt patching box. Staff would also like Council to consider and approve the purchase of a cab & chassis from North Star International Trucks, Inc. for$37,775.55 utilizing the State Bid. BACKGROUND: One of the equipment items approved by City Council for 1999 was to purchase an asphalt patching truck. Due to the increased workload (i.e. increased miles of streets) and greater distances traveled to maintain the roadways, staff is requesting to purchase an asphalt patching truck. The truck's design will allow our department to reduce the size of the crew needed to repair potholes and patch City streets. The truck is equipped with a heating unit, which keeps the material hot and workable, a spoils bin, air compressor and tack oil tank. The truck is needed to make better road repairs, reduce waste and save man-hours and is mounted on one truck, which will make our operations far more efficient. The cab & chassis can be purchased by utilizing the State Bid, but staff had to prepare specifications for an asphalt patching box, since neither the State nor Hennepin County had a patching box on their bid list. Thus, the City must advertise for sealed bids on this unit since it will be over $25,000.00 and staff is estimating the asphalt patching box to cost approximately $45,000.00. The budget amount for the entire unit, truck and patching box is estimated to be approximately $90,000.00. chassis from North Star International Trucks, Inc. utilizing the State Bid for a price of $37,775.55. ALTERNATIVES: 1. Authorize staff to advertise for bids, as per the attached specifications for an asphalt patching box, and to approve the purchase of a cab & chassis from North Star International Trucks, Inc. for the purchase price of$37,775.55. 2. Do not authorize purchase at this time. 3. Revise the specifications and authorize the bid. 4. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the specifications and authorize advertisement for bids on the asphalt patching box, and approve the purchase of a cab & chassis from North Star International Trucks, Inc. for a purchase price of$37,775.55 utilizing the State Bid. ACTION REQUESTED: Move to authorize staff to advertise for bids, as per attached specifications for an asphalt patching box, and approve the purchase of a cab & chassis from North Star International Trucks, Inc. for the purchase price of$37,775.55 utilizing the State Bid • 4� 0 Mike Hul ander Public Works Supervisor PTRUCK CITY OF SHAKOPEE �.- Memorandum r -, TO: Mayor&City Council Mark McNeill, City Administrator FROM: Layne Otteson, Engineering Tech. II SUBJECT: River District Trunk Sewer,Project No. 1999-1 DATE: October 5, 1999 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the River District Trunk Sewer Reconstruction,Project No. 1999-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$104,219.00 and the actual final costs of$114,576.30 for this project. ACTION REOUESTED: Offer Resolution No. 5241, A Resolution Accepting Work on the River District Trunk Sewer Reconstruction,Project No. 1999-1 and move its adoption. doyitti c "q Layne Otteson Engineering Tech. II LO/pmp MEM5241 CERTIFICATE OF COMPLETION CONTRACT NO. : 1999- 1 DATE: September 30 , 1999 PROJECT DESCRIPTION : River District Trunk Sewer Reconstruction CONTRACTOR: Minger Construction , Inc . P .O . Box 236 Chanhassen , MN 55317 ORIGINAL CONTRACT AMOUNT $ 104 , 219 . 00 QUANTITY CHANGE AMOUNT $ 9 , 082 . 30 CHANGE ORDER NO, 1 THRU NO, 2 AMOUNT . , $ 1 , 275 . 00 FINAL CONTRACT AMOUNT $ 114 , 576 . 30 LESS PREVIOUS PAYMENTS $ 108 ,847 .48 FINAL PAYMENT $ 5 , 728.82 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Pr fessional Eng ' er RESOLUTION NO. 5241 A Resolution Accepting Work On The River District Trunk Sewer Reconstruction Project No. 1999-1 WHEREAS, pursuant to a written contract signed with the City of Shakopee on February 16, 1999, Minger Construction, Inc. has satisfactorily completed the River District Trunk Sewer Reconstruction Project,in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$5,728.82, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk n's Sir CITY OF SHAKOPEE Memorandum ClINSrz' TO: Mayor& City Council J Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for 17th Avenue, from Sarazin Street to 1/2 Mile East, Project No. 1998-5 DATE: October 5, 1999 INTRODUCTION: Attached is Resolution No. 5237, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street and for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of watermain, from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer, from 17th Avenue to Mn/DOT linear pond, Project No. 1998-5. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4918 on June 2, 1998 for the above referenced project. On September 2, 1998, the City Council approved Resolution No. 4975, awarding the contract to Chard Tiling &Excavating, Inc. of Belle Plaine, Minnesota for$669,824.58. The improvements have been completed and final cost determined with the total construction costs for this project at $664,810.82. Costs associated with administration, engineering, right-of-way and street lighting for the project totaled $237,273.53. The attached resolution shows how these costs are being paid and the total cost to be assessed. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $920,355.00 with the final project cost projected to be $902,084.35. The City's costs are for the street oversizing of 17th Avenue, bituminous trail and trunk storm sewer. SPUC does not have any trunk water oversizing costs with this project. ALTERNATIVES: 1. Adopt Resolution No. 5237. 2. Deny Resolution No. 5237. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5237, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer, from Trunk Sewer SS-H Westerly; for the Extension of Watermain, from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer, from 17th Avenue to Mn/DOT Linear Pond, Project No. 1998-5 and move its adoption. / 'truce Loney Public Works irector BL/pmp MEM5237 RESOLUTION NO. 5237 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For 17th Avenue, From Sarazin Street To 1/2 Mile East Of Sarazin Street And For The Extension Of Sanitary Sewer, From Trunk Sewer SS-H Westerly; For The Extension Of Watermain, From French Trace 1st Addition To 17th Avenue And Sarazin Street; And For A Trunk Storm Sewer From 17th Avenue To Mn/DOT Linear Pond Project No. 1998-5 WHEREAS, a contract has been let for the improvement of 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street by the installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes; and the extension of sanitary sewer, from Trunk Sewer SS-H westerly; for the extension of watermain, from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer, from 17th Avenue to Mn/DOT linear pond and all other appurtenant work and the contract price for such improvements was $669,824.58, and the final contract price for such improvement is $664,810.82, and the expenses incurred or to be incurred in the making of such improvements amounts to $237,273.53, so that the total cost of the improvements will be $902,084.35. Of this cost the City of Shakopee will pay $382,190.93 as its share of the cost and the Shakopee Public Utilities Commission will pay$ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $519,893.42. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 3rd day of November, 1999, in the Council Chambers of City Hall at 7:00 P.M.or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk /9-.. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator --- _ FROM: Bruce Loney, Public Works Director SUBJECT: Reliant Energy Minnegasco Easements for Evergreen Heights Development DATE: October 5, 1999 INTRODUCTION: Attached to this memorandum are transmission line easement agreements and release of pipe line easement agreements between Reliant Energy Minnegasco and the City of Shakopee. These easement agreements are necessary to redefine Reliant Energy Minnegasco easements through the City property east of the Fire Station site. BACKGROUND: The City has entered into an agreement with Evergreen Real Estate Development Corporation to sell the excess Fire Station property for an affordable housing development. In order for this project to proceed, Reliant Energy Minnegasco easements need to be revised for the development to occur. The previous easements held by Reliant Energy Minnegasco is a pipe line easement recorded on November 25, 1939 and they incorporate a substantial area on the proposed Evergreen Development site. The transmission line easement is a revised description of the area to limit the amount of area needed on the site and the area where the transmission line is located. The easement description and attached map was prepared by Evergreen Real Estate Development Corporation's surveyor and the agreements were prepared by Reliant Energy Minnegasco. At the time of the writing of this memorandum the City Attorney is reviewing these agreements on behalf of the City and did not have any comments as yet. It is anticipated if there are any problems, the City Attorney will have comments by the October 5, 1999 City Council meeting. , ALTERNATIVES: 1. Authorize the appropriate City officials to execute the transmission line easement, No. 99-55, and release the pipe line easements documents for the Evergreen Heights Development. 2. Do not authorize the appropriate City officials to execute the documents. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to execute the easement documents in order to have a more defined easement description for the City property in the Evergreen Heights plat. ACTION REQUESTED: Authorize the appropriate City officials to execute the transmission easement, No. 99-55, and release of pipe line easements as prepared by Reliant Energy Minnegasco and to the City Attorney's approval. nice Loney Public Works D ector BL/pmp EASEMENTS Reliant 700 West Linden Avenue P.O. Box 1165 Energyc Minneapolis,Minnesota 55440-1165 Minnegasco September 17, 1999 Mark McNeil City Administrator 129 South Holmes Shakopee, MN. 55379 RE: Reliant Energy Minnegasco easement #99-55 Dear Mr. McNeil: With reference to the preliminary plat of Evergreen Heights and at the request of Greg McClenahan, Evergreen Real Estate Development Corporation, I have enclosed two copies of the Transmission Line Easement crossing this property in Shakopee. If everything is in order, please have one copy executed and notarized by the appropriate City officials and return to me at the address below. Upon receipt of the document I will have it executed by a Vice President of Reliant Energy Minnegasco, together with the Release of Easement (copy enclosed for reference) to release the easements that now exists over the property. I will then record both documents with the Scott County Recorder with the new easement filed immediately subsequent to the release. Mr. McClenahan was hoping to clear up the easement issue prior .`o the closing on the property. Please call me at 612-321-5381 if you have any questions. Respectfully, RELIANT ENERGY MINNEGASCO Steven Von Bargen Right-of-Way Administrator P.O. Box 1165 Mpls., MN. 55440-1165 Pc: Greg McClenahan w/enclosures 99-55 Abstract TRANSMISSION LINE EASEMENT THIS AGREEMENT made , 1999, by and between the City of Shakopee, 129 South Holmes Street, Shakopee, Minnesota, 55379, a municipal corporation under the laws of the State of Minnesota, ("GRANTOR"), and Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., 800 LaSalle Avenue, 11th Floor, Minneapolis, Minnesota, 55402 a Delaware corporation, ("GRANTEE"). 1 . GRANTOR, in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged, grants to GRANTEE, its successors and assigns, forever, a perpetual 100-foot and 66-foot easement at all times to lay, construct, inspect, protect, operate, maintain, alter, abandon, relocate, replace, substitute and remove gas transmission or distribution pipelines or pipeline facilities ("gas facilities") and appurtenances thereto in, under and upon the following described Property in the City of Shakopee, County of Scott, State of Minnesota: The Property is described as that part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying 1 northerly of the north right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S 4th ADDITION, as on file and of record in the office of the County Recorder in said County, and which lies westerly of the following described line: Commencing at the intersection of the west line of said Northeast Quarter of the Southeast Quarter and said north right-of-way line; thence easterly, along said north right-of-way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the southeasterly right-of-way line of 13th Avenue, as dedicated in said plat of HAUER'S 4th ADDITION and said line there terminating. AND That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying northerly of the north right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S 4th ADDITION, as on file and of record in the office of the County Recorder in said County and which lies southwesterly of the centerline of County Road No. 16 (Eagle Creek Boulevard), and which lies easterly of the following described line: Commencing at the intersection of the west line of said Northeast Quarter of the Southeast Quarter and said north right-of-way line; thence easterly, along said north right-of-way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the southeasterly right-of-way line of 13TH Avenue, as dedicated in said plat of HAUER'S 4th ADDITION and said line there terminating. Excepting therefrom the following described property lying westerly and northerly of the following described line; Commencing at the most easterly corner of HAUER'S 4tr. ADDITION; thence North 29 degrees 24 minutes 30 seconds East (assumed bearing) along the easterly line of HAUER'S 3rd ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence South 60 degrees 35 minutes 30 seconds East along said centerline of County Road No. 16 a distance of 181 .98 feet to the point of beginning of said line; thence South 37 degrees 21 minutes 00 seconds West a distance of 50.48 feet 2 • to the southerly right-of-way of said County Road No. 16, distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4T" ADDITION; thence continuing South 37 degrees 21 minutes 00 seconds West a distance of 268.47 feet; thence North 60 degrees 35 minutes 30 seconds West a distance of 175.00 feet to the easterly line of said HAUER'S 4th ADDITION and there terminating. 9 The easement is described as a permanent easement over, 'under and across that part of the above described Property, the centerline of said easement is described as follows: Commencing at the northwest corner of the above described Property; thence South 00 degrees 41 minutes 20 seconds East, assumed bearing, 31 .80 feet along the west line of said Property to point "A", said point being the point of beginning of the centerline to be described; thence North 69 degrees 57 minutes 03 seconds East 350.36 feet; thence North 75 degrees 02 minutes 12 seconds East 88.97 feet; thence North 66 degrees 07 minutes 48 seconds East 179.96 feet; thence North 84 degrees 04 minutes 23 seconds East 373.45 feet to point "B"; thence continuing North 84 degrees 04 minutes 23 seconds East 290.00 feet to the northeasterly line of said Property, said point being point "C" and also being on the south line of County State Highway No. 16 (Eagle Creek Boulevard) and said centerline there terminating. Said easement to be 66 feet in width, 33 feet on each side of said centerline, from point "A" to point "B" and said easement to be 100 feet in width, 50 feet on each side of said centerline, from point "B" to point "C". It is intended to extend or shorten the sidelines of said easement so as to terminate at the preceding or succeeding course and to terminate at the lot lines of said Property. ("Premises") Additionally, GRANTOR grants to GRANTEE, its successors and assigns, forever, a perpetual right and easement at all times to construct, inspect, protect, operate, maintain, alter, abandon, relocate, replace, substitute and remove a regulator station and such utility pipelines and systems as GRANTEE may from time to time desire, whether above ground level or below ground level, including, without limitation, all transmission or distribution pipelines, regulators, valves, fittings, meters, odorizers, appliances, fences, guard posts, signs, buildings or other improvements ("gas facilities"), in, wider and upon that part of the above described Property: 3 Beginning at the aforementioned point "C"; thence South 39 degrees 24 minutes 30 seconds West, assumed bearing, a distance of 15.00 feet; thence North 60 degrees 35 minutes 30 seconds West, along a line parallel with the northeasterly Property line, a distance of 30.00 feet; thence North 39 degrees 24 minutes 30 seconds East, a distance of 15.00 feet to the northeasterly Property line; thence South 60 degrees 35 minutes 30 seconds East, along the northeasterly Property line to the point of beginning. ("Premises") This grant of an easement shall include the right of GRANTEE to ingress and egress to and from GRANTOR's (or its successors and assigns) Property for the purpose of excavating, laying, constructing, inspecting, protecting, operating, maintaining, altering, relocating, repairing, replacing, substituting and removing the property of GRANTEE, together with the privilege of 'temporarily placing tools, equipment, material and dirt on the Property abutting the Premises for the above listed purposes. GRANTEE also shall have the right to place signs and markers on the Premises as required by law or necessary in the judgment of Reliant Energy Minnegasco to protect the interest of the public or property owner or to notify them of GRANTEE's easement, or gas facilities. 2. GRANTOR promises and warrants that it has legal and fee title to the above-described Premises and has the right, without title restriction, to execute and deliver this instrument. 3. GRANTOR agrees that it will not interfere with GRANTEE's operation of its gas facilities or GRANTEE'S easement rights. GRANTEE may remove any encroachments of GRANTOR on GRANTEE's easement and GRANTOR will be responsible for bearing the cost of any such removal. GRANTOR further agrees that it will comply with GRANTEE's requirements for Construction and/or Encroachment Within Gas Pipeline Easements attached :as Exhibit A and incorporated by reference. GRANTOR also agrees that other future utilities shall not be located within the easement without the advance written consent of 4 GRANTEE, which consent shall not be unreasonably withheld. 4. GRANTOR will not perform or undertake any activity that could damage or restrict the use of GRANTEE's gas facilities in the easement. 5. GRANTEE agrees to construct the gas facilities to meet or exceed all applicable codes and ordinances. GRANTEE shall at all times exercise due care and diligence to avoid injury or damage to buildings, and other personal property of the GRANTOR, and the GRANTEE shall indemnify the GRANTOR from any damage or loss arising or occurring to such Property solely by reason of the operation, maintenance, relocation, replacement, substitution or removal of said gas facilities. 6. In the event that use of the gas facilities is at any time discontinued by GRANTEE, GRANTEE shall have the right, but not the duty, to enter upon the Premises and remove all or any portion of the gas facilities and appurtenances which have been placed on the Premises by GRANTEE. 7. The terms and provisions of this instrument shall run with the land, and shall extend to and be binding upon GRANTOR, GRANTOR's heirs, legal representatives, successors, and assigns. (REMAINDER OF PAGE LEFT BLANK INTENTIONALLY) 5 GRANTOR(s) The City of Shakopee By: Its: Mayor By: Its: Clerk By: Its: City Administrator STATE OF MINNESOTA ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1999, by and and the Mayor, Clerk, and City Administrator of the City of Shakopee, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public 6 GRANTEE Reliant Energy Minnegasco By: Its: Senior Vice President • STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999, by Steven J. Holmstoen, Senior Vice President of Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., a Delaware corporation, on behalf of the corporation. Notary Public ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steve Von Bargen Right of Way Administrator THIS INSTRUMENT WAS DRAFTED BY: Reliant Energy Minnegasco Reliant Energy Minnegasco, a division of P.O. Box 1165 Reliant Energy Resources Corp. • Minneapolis, MN 55440-1165 800 LaSalle Avenue, 11th Floor, Mpls., MN. 55402 7 EXHIBIT A RELIANT ENERGY MINNEGASCO, A DIVISION OF RELIANT ENERGY RESOURCES CORP. REQUIREMENTS FOR CONSTRUCTION AND/OR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS The following guidelines are general requirements only. Reliant Energy Minnegasco may inspect the area and review construction plans. Final construction plans must be reviewed and approved, in writing, by Reliant Energy Minnegasco prior to the start of any construction within Reliant Energy Minnegasco's easement. 1. Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of less than three feet or more than five feet. A level area of not less than six feet on each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the level area on each side of the pipeline by that same footage of cut or fill. The pipeline must be fully accessible at all times before, during,and after the construction. 2. Landscaping over and within ten feet on each side of the pipeline is restricted to grass cover only. Beyond ten feet on each side of the pipeline, upright plantings are restricted to (and shall not exceed) six feet in height. No trees shall be planted or remain within the easement. Any trees, removed by Reliant Energy Minnegasco from within the easement, while performing maintenance activities shall riot be replaced by Reliant Energy Minnegasco or the current owner,their successors or assigns. 3. Any buried utility line installed across the inplace pipeline shall be placed with no less than one foot of vertical separation, padded with well compacted granular soil and cross at an angle less than 450, from normal to the pipeline. 4. With prior Reliant Energy Minnegasco approval by the Senior Engineer or Right of Way Administrator, parking lots, perpendicular driveways or roadways of portend cement concrete or asphaltic concrete(or similar materials) may be placed within the easement, but shall be limited in width when crossing the easement to minimize the interference with or access to the pipeline for inspection and maintenance. Permanent structures including, but not limited to, buildings, signs, screen walls, decks,tennis courts,and swimming pools are not allowed under any circumstances within the easement. Installations including, but not limited to, retaining walls and fences crossing the pipeline require approval by the Reliant Energy Minnegasco Senior Engineer or Right of Way Administrator, before construction. All fences crossing the pipeline must have a 10-foot wide gate centered over the pipeline. All fences installed parallel with the pipeline will maintain a minimum of 10 feet of separation from the pipeline. 5. Once Reliant Energy Minnegasco and the Owner, Developer or Contractor have reached an agreement, Reliant Energy Minnegasco shall be given at least two working days advance notice cf planned construction activity so arrangements can be made for Reliant Energy Minnegasco Personnel to monitor the construction. Reliant Energy Minnegasco will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to determine the actual elevation of the inplace pipeline. Excavation to expose the pipeline shall be parallel to the pipeline. Reliant Energy Minnegasco Personnel must be present during this excavation. 6. Any subsequent damage or removals caused by Reliant Energy Minnegasco in the exercise of its easements rights, of any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which may be permitted within the easement area, will be permanently repaired or replaced at the owner's or contractor's (not Reliant Energy Minnegasco's) expense. 7. In accordance with Federal Department of Transportation Codes, Reliant Energy Minnegasco must place markers over transmission pipelines. These markers will be placed at all road crossings, in back of curb or at Property line,and at changes of direction. All markers placed by Reliant Energy Minnegasco will not be removed. If you have any questions call: Richard J. Pilon, P.E., Senior Administration Engineer at 321-5426. Dated: February 2, 1999 • 8 887-1-28 RELEASE OF PIPELINE EASEMENTS Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., a Delaware Corporation, formerly known as Minnegasco, a division of NorAm Energy Corp., by amendment to the Articles of Incorporation; and also formerly known as Minnegasco, a division of Arkla, Inc., by amendment to the Articles of Incorporation; and also formerly known as Minnegasco, Inc., by merger ("Reliant Energy Minnegasco"), 800 LaSalle Avenue, 11th Floor, Minneapolis, Minnesota 55402, a Delaware Corporation has succeeded to and is now the owner of the natural gas distribution facilities, pipelines, pipeline easements and appurtenances thereto located in the City of Shakopee, Scott County, State of Minnesota, that were formerly held by Northern Natural Gas Company. Among the property and property rights owned by Reliant Energy Minnegasco is a pipeline easement recorded on November 25, 1939, in the Book of Easements on page 100 in the Office of the County Recorder of Scott County, which was previously held in the name of Northern Natural Gas Company, the original grantee of this easement which was subsequently assigned to Reliant Energy Minnegasco as document number 237711 . Additionally, Reliant Energy Minnegasco, has succeeded to and is now the owner of the natural gas distribution facilities, pipelines, pipeline easements and appurtenances thereto located in the City of Shakopee, Scott County, State of Minnesota, that were formerly held by Minnesota Valley Natural Gas Company. Among the property and property rights owned ;)y Reliant Energy Minnegasco is a pipeline easement recorded on December 3, 1963, in Book 159 of Deeds on pages 431-432 in the Office of the County• Recorder of Scott County, which was previously held in the name of Minnesota Valley Natural Gas Company, the original grantee of this easement which was subsequently assigned to Reliant Energy Minnegasco. A portion of the property subject to this easement is described as follows: That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying northerly of the north right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S 4th ADDITION, as on file and of record in the office of the County Recorder in said County, and which lies westerly of the following described line: Commencing at the intersection of the west line of said Northeast Quarter of the Southeast Quarter and said north right-of-way line; thence easterly, along said north right-of-way line, a distance of 569.80 fleet to the point of beginning of said line to be hereinafter described; thence northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the southeasterly right-of-way line of 13t' Avenue, as dedicated in said plat of HAUER'S 4th ADDITION and said line there terminating. AND That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying northerly of the north right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S 4th ADDITION, as on file and of record in the office of the County Recorder in said County and which lies southwesterly of the centerline of County Road No. 16 (Eagle Creek Boulevard), and which lies easterly of the following described line: Commencing at the intersection of the west line of said Northeast Quarter of the Southeast Quarter and said north right-of-way line; thence easterly, along said north right-of-way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the southeasterly right-of-way line of 13TH Avenue, as dedicated in said plat of HAUER'S 4th ADDITION and said line there terminating. Excepting therefrom, the following described property lying westerly and northerly of the following described line: Commencing at the most easterly corner of HAUER'S 4th ADDITION; thence North 29 degrees 24 minutes 30 seconds East (assumed bearing) along the easterly line of HAUER'S 3rd ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence South 60 degrees 35 minutes 30 seconds East along said centerline of County Road No. 16 a distance of 181 .98 feet to the point of beginning of said line; thence South 37 degrees 21 minutes 00 seconds West a distance of 50.48 feet to the southerly right-of-way of said County Road No. 16, distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4TH ADDITION; thence continuing South 37 degrees 21 minutes 00 seconds West a distance of 268.47 feet; thence North 60 degrees 35 minutes 30 seconds West a distance of 175.00 feet to the easterly line of said HAUER'S 4th ADDITION and there terminating. Reliant Energy Minnegasco no longer requires all of its easement rights on the property described above because the current owner has executed a new easement on behalf of Reliant Energy Minnegasco. NOW THEREFORE: Reliant Energy Minnegasco releases and relinquishes to the present owner of the above property, its successors and assigns, and disclaims any right, title or interest arising from the easements described above. THIS RELEASE IS NOT INTENDED TO APPLY TO ANY PROPERTY NOT SPECIFICALLY REFERRED TO ABOVE. , 1999 GRANTOR Reliant Energy Minnegasco By: Its: Senior Vice President STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999, by Steven J. Holmstoen, Senior Vice President of Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., a Delaware corporation, on behalf of the corporation. 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[ BSstoc •1 `I MPZ.INION 1 \ l tip , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of Enebak Construction Company Regarding Hourly Restrictions on Construction Activities for Valley Green Corporate Center Grading DATE: October 5, 1999 INTRODUCTION: By letter dated September 30, 1999, Enebak Construction Company, the contractor performing the work on Valley Green has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, be suspended for Saturday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. J Enebak Construction Company is requesting a suspension on the hours on Saturday to the following: Saturday 7:00 A.M. to 9:00 P.M. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and to meet the schedule for this project. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director. 3. Blasting activities, if any, must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice to meet the City Code requirements and notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Enebak Construction Company, as per their letter dated September 30, 1999 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion approving suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Enebak Construction Company, as per their letter dated September 30, 1999 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. ,:nice Loney Public Works D ector BL/pmp RESTRICT OCT 01 '99 09:40AM ENEBAK CONSTRUCTION P.2 IL (DEBAK COflSTBUCTIOfl CO(' PA1W P.O. Box 458 • Northfield, Minnesota 55057 • 507-645-8962 612-333-1307 September 30, 1999 Mr. Bruce Loney City of Shakopee 129 East 1st Avenue Shakopee,MN 55379 Re: Working Hours at Valley Green Corporate Center Dear Bruce: We would like to request an extension of working hours on Saturday for the above project. We would like to work from 7:00 a.m. to 5:30 p.m. if possible. The residents on the southeast corner of the project will be insulated from noise by trees that are to remain. Also,we could stage our work so that we are on the north half of the project prior to 9:00 a.m. We appreciate your consideration on this matter. If you have any questions please call. Thank you, 411 Kevin W. Hac eld Project Manager "An Equal Opportunity Employer" CITY OF SHAKOPEE CopiS ENT POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police / r SUBJECT: Surplus Property DATE: September 30, 1999 INTRODUCTION: Unclaimed property including recovered bicycles has accumulated at the police department and should be sold. BACKGROUND: Throughout the year, items whose owner is not known come into the possession of the police department. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time-to-time, this property must be disposed of because of the room it takes up. Auctions and similar sales present a good opportunity to dispose of these items. Before this property can be disposed of, it must be declared surplus by action of the City Council. ACTION RECOMMENDED Move to declare approximately 50 bicycles as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. [ n] �� PRION `\ 7 POLICE DEPARTMENT WILLIAM J. O'ROURKE Chief of Police 09-27-99 Chief Dan Hughes Shakopee Police Department 620 Gorman St. Shakopee, MN 55379 Dear Chief Hughes; On October 28, 1999 at 6:00pm we, along with the Savage Police Department, are holding an auction for our surplus/unclaimed bicycles. We are extending the invitation to your department if you have bicycles that are qualified for disposal. The auction will be held at our maintenance center at 17073 Adelmann Street South East just off of County Road 21. Wally Petricka will be our auctioneer and will do all the advertising and record keeping for 10% of the profits. The auctioneer is requesting a list of our bicycle inventory at the earliest available date in October for the advertisements. If you have any question please feel free to call me at 440-3555. Sincerely, Joan eise Qkst6-- P791731:1, Community Service Officer 2 Prior Lake Police Department 5SHASKO;;F 16200 Eagle Creek Avenue S.E.,Prior Lake,Minnesota 55372 / Ph. (612) 440-3555 / Fax (612) 440-3666 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Inspector DATE: October 5, 1999 INTRODUCTION: The Council is asked to affirm a requirement that the Fire Inspector position be required to be a member of the Shakopee Fire Department within six months of appointment. BACKGROUND: At the September 9th City Council meeting,the Council approved a job description for the position of Fire Inspector. This is a position which will be in the Community Development Department, and will do inspections of commercial and multi-family dwellings,review building plans,perform fire safety education, and similar duties. A recommendation was made by staff, and approved by Council,that the position be required to become a member of the Shakopee Fire Department within six months of appointment. This job description was forwarded to Scott County Personnel for advertisement. From the Fire Department's standpoint,they were concerned about getting an individual who was familiar with Shakopee fire design standards and practices. An added benefit to this was that it could mean an additional day responder for fire calls. Scott County questioned whether the requirement to become a fire fighter would create problems in terms of establishing residency. By State law, cities may not require residency for their employees;however,the by-laws of the Shakopee Fire Department require that a fire fighter live within 5 miles of a fire station(and within the Shakopee fire protection district), and be within 7 minutes of their place of employment for daytime calls. DISCUSSION: I spoke with the City Attorney about the residency issue. He has researched this, and has determined that there is no legal impediment to the job requirement;the requirement that the fire inspector become a member of the Shakopee Fire Department within six months may remain(if the inspector does not,he or she will not pass the probationary period). From a practical standpoint, it does raise a couple of issues: 1. It will likely reduce the number of qualified candidates who would otherwise be interested in the job. For example, someone in another city might be interested in being Fire Inspector. However,they may choose not to apply if they know of the requirement to move their family to Shakopee. 2. As a City employee who is also a firefighter,the Fair Labor Standards Act would require that time and one half pay for fighting fires beyond the normal 40 hours per week be made. We are still investigating the amount,but it appears that a blended rate between what they make as a fire fighter($8.00 per hour, and as a fire inspector($18.01 per hour),would be an option, and would be the base for the time and a half. We have had other City employees who have been firefighters before, and pay needed to be made based on the blended rate. The job description is written so that the successful candidate must become a member of the fire department within six months (assuming they are not already one), or be a retired member of a Fire Department. (Shakopee may be specified if desired,but that will also reduce the number of available candidates.) An additional specification may be that the candidate shall have 10 years of fire fighting experience with any fire department. RECOMMENDATION: We recommend that the job description be amended affirming fire fighter status, experienced firefighter and/or retired firefighter status. However, if the advertisement generates less then three qualified candidates,that requirement should then be stricken, and opened up for a more general response. ACTION REQUIRED: The Council should discuss, and if in agreement, approve the following motions: 1. Amend the job description as attached. 2. Affirm the requirement for fire fighter status, experienced firefighter, and/or retired firefighter while employed as a Fire Inspector; however, if less than three qualified candidates are generated from the advertisement,that this requirement be dropped. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Job Description Job Title: Fire Inspector Department: Community Development Reports To: Community Development Director(Advisory to Fire Chief) FLSA Status: Non-Exempt/non-union Salary Range: $37,471 - $46,838/yr. (1999) Starting Salary: $37,371/yr.($18.0149/hr) Prepared By: Prepared Date: 10/5/99 Approved By: Approved Date: SUMMARY To apply and administer codes and fire safety standards in the City in a manner that will safeguard people and property from death, injury or damage,assist in the investigation of fires, and provide fire prevention education. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: Inspects all commercial and industrial structures, and multiple-family attached dwellings with twelve or more units in the city to ensure that the facilities and structures conform with municipal codes in a manner that will minimize fires and prevent deaths or injuries. Reviews permits,plans and materials for all new structures,and changes of use to insure that they effectively conform with fire safety codes and practices. Coordinates this plan review with building code review conducted by the Building Inspection Division. Directs plan review and issues permits for fire alarm, sprinkler and stand pipe systems. Assists in fire investigations to determine cause and origin;prepares comprehensive reports on such fires,coordinating efforts with City Police and Fire Departments. May be called upon to testify in court on results of such investigations. Develops and implements fire prevention education programs to ensure public, schools and building owner(s)awareness of the importance of fire safety and conformance with fire safety codes. Communicates with building owners and occupants regarding violations and methods of correction necessary to enforce compliance and initiates corrective action when violations are encountered. Prepares comprehensive reports on fires to facilitate actions to minimize or eliminate future fires of a similar nature. Coordinates inspections with building inspectors,and reviews Certificates of Occupancy. Page 1 Issues burning permits for hazardous situations covered by fire codes. Keeps Community Development Director and Fire Chief informed promptly of matters which are important to the City's interests or the public health, safety and welfare. Serves on various committees for the development or modification of fire codes that will effectively guarantee the safety of the public and attends staff and council meetings when required. Upon appointment to membership in Shakopee Fire Department, shall respond to fire and emergency call as required. Performs other duties as apparent or assigned. QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge,skill, and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Equivalent to the completion of twelfth grade. Four years of related experience including two years in fire inspection . Hazardous material training is desired. Must complete basic and/or advanced fire prevention classes through Minnesota State Colleges &Universities(MnSCU)within one year of appointment. Structural firefighting experience is desired. CERTIFICATES,LICENSES,REGISTRATIONS Shall become City of Shakopee Firefighter within six months of appointment,or shall be a retired fire department member or a member who has left a fire department in good standing with a minimum of ten years service. Shall be certified as Minnesota Fire Service Certification Board Fire Inspector II or within 6 months of appointment. Valid driver's license. LANGUAGE SKILLS Ability to read and interpret documents such as safety rules,operating and maintenance instructions and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively with individuals or groups. Page 2 MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest,commissions,proportions, percentages,area,circumference and volume. REASONING ABILITY Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Ability to interpret a variety of instructions furnished in written,oral,diagram or schedule form. OTHER SKILLS AND ABILITIES Thorough knowledge of all types of building construction materials and methods,and stages of construction when possible violations and defects may be most easily observed and corrected. Knowledge of state and local building codes,rules,regulations and relevant rules. Ability to enforce ordinances and regulations firmly,tactfully and impartially. Ability to do building construction inspection and read and interpret plans, specifications and blueprints. Ability to maintain effective working relationships with architects,builders,home owners,employees, other agencies,officials and the general public. Ability to operate a computer and other office equipment. PHYSICAL DEMANDS Essential and other important responsibilities and duties require maintaining physical condition necessary to drag, lift and carry hose,nozzle and other fire apparatus;to position and climb ladders;to stand and sit for prolonged periods of time,manual dexterity; adequate hearing, vision and speech; may be required to operate assigned vehicle. Successful completion of a preemployment physical including drug screen is required. Membership in the Shakopee Fire Department includes successfully passing a physical agility and strength test. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Depending upon particular assignment,work environment may require employee to: Work outside in all weather conditions-rain,heat,cold,etc. May work in dirty or muddy surroundings. Wear safety equipment and follow established safety practices and procedures. Be involved in strenuous positions for long period of time. Work independently with a minimum of supervision. Deal effectively and tactfully with the public. Page 3 10-05-99 15:33 From-KENNEDY & GRAVEN +3379310 T-671 P.02/03 F-876 470 Pillsbury Ccnrel Kennedy, 200 Suurh xrh Sues Muwcapulu MN)5402 (612) 337-9300 Iticphunc Graven (012) 337-9310 fax C AR E R harp.//www.l cnnccly-graw.n.:oin KAREN E.CARLSON Auumcy as Law User[Dial(012)337.9283 email txart,onc keuuncdy-graven�0m October 5, 1999 Mr. Mark McNeill City of Shakopee 120 Holmes Street South Shakopee MN 55379-1328 Re: Shakopee Fire Inspector Position Dear Mr. McNeill: Jim Thomson asked me to respond to your recent inquiry regarding the Fire Inspector position. My understanding of the facts is that the City of Shakopee recently created a Fire Inspector position. The position is full-time, non-exempt, and non-union. You asked whether the City may legally require the Fire Inspector to be a volunteer firefighter fcr the City. It is my opinion that the City may legally require the Fire Inspector to be a volunteer firefighter. As explained below, however, such a requirement creates a number of potential legal issues of which you should be aware. First, requiring the Fire Inspector to be a volunteer firefighter is an indirect way of imposing a residency requirement on that person, because of the response time requirement imposed on volunteer firefighters. It is my understanding that volunteer firefighters are required to be able to respond within seven minutes of receiving a fire call. The response time requirement for volunteer firefighters is legal. However, it could have the effect of limiting the pool of candidates for the Fire Inspector position. Second, if the City requires the Fire Inspector to be a volunteer firefighter, the City will need to pay the Fire Inspector overtime compensation for time spent responding to fire calls. The Fire Inspector position is full-time and non-exempt, which means, for purposes of the Fair Labor Standards Act, that the person holding the position will be entitled to overtime pay for all time worked in excess of the full-time hours for that position. Volunteer firefighters generally are not subject to the overtime requirements of the Fair Labor Standards Act. However, by making participation in the volunteer fire department a job requirement, the City has effectively eliminated the "volunteer" nature of the position. Thus, the Fire Inspector would not be a true CARLSK-169609 SH155-23 10-05-99 15:34 From-KENNEDY & GRAVEN +3379310 T-671 P.03/03 F-876 Mark McNeill October 5, 1999 Page 2 volunteer firefighter, but instead would be a full-time City employee who is also required to respond to fire calls beyond his or her normal full-time employment duties. Therefore, the Fire Inspector would be entitled to overtime compensation for all time spent working as a"volunteer" firefighter. Third, it is my understanding that there is a specific process for hiring volunteer firefighters, which is as follows: Scott County advertises and recruits applicants for volunteer firefighting positions. Applicants are ranked by the County and must achieve a minimum score on pre- employment evaluations in order to be eligible for consideration for a volunteer firefighter position. After a list of eligible applicants is created, the County forwards the list to the Shakopee Fire Chief (who is also a volunteer). The Fire Chief reviews the list and makes recommendations to the City Council, which then makes the final hiring decision. Applicants for the Fire Inspector position would also have to go through the airing process for volunteer firefighters. Finally, requiring the Fire Inspector to be a volunteer firefighter imposes additional job requirements on that individual, because he or she will have to satisfy the job requirements of both the Fire Inspector position and the volunteer firefighter po<.ition. There may be some confusion regarding to whom the Fire Inspector must report in the performance of his or her job duties. According to the job description, the Fire Inspector reports to the Community Development Director. In his or her role as a volunteer firefighter, the Fire Inspector would also have to report to the Fire Chief. Thus, the lines of reporting would be confusing. Please let me know if you have any questions or comments. Thank you. Very truly yours, KENNEDY& GRAVEN, CHARTERED 1(5•)`)`-A-- ._ E, Cki Karen E. Carlson KEC:db cc: James J. Thomson John M. LeFevre, Jr. CARLSK-109604 SH155.23 /s-C. /, CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Completion of Probationary Period for Michael Liesenfeld Date: September 30, 1999 INTRODUCTION Staff is recommending the probationary status be terminated for Community Center Maintenance Worker Michael Liesenfeld. BACKGROUND The City Council authorized the hiring of Michael Liesenfeld to the position of Community Center Maintenance Worker in 1999. Mr. Liesenfeld has satisfactory completed his six month probationary period with the Parks and Recreation Department. ALTERNATIVES 1. Move to terminate Michael Liesenfeld's probationary status. 2. Extend Michael Liesenfeld's probationary status another six months. 3. Table for further information from staff RECOMMENDATION Alternative#1 ACTION REQUESTED Move to terminate Michael Liesenfeld's probationary status and place Mr. Liesenfeld on full-time status with the City of Shakopee. 0. . .. Aor ' , IA ...._ Mark . ,i cQuillan Parks and Recreation Director /S C, CITY OF SHAKOPEE CONST:y MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator (b IU SC kir. From: Mark McQuillan, Parks and Recreation Director Subject: Change Order for Joe Schleper Baseball Stadium Date: September 28, 1999 INTRODUCTION The City Council is asked to approve funding for minor changes to the utilities inconjunction with the Joe Schleper Baseball Stadium Project. REQUESTED CHANGE ORDERS Staff would like the architect and contractor to make four changes to this project. They include: 1. Re-routing the sanitary sewer and water lines to avoid having to remove seven trees near the softball concession stand. By re-routing these utilities, the City will save some costs of having to extend the sewer line to Vierling Drive. Instead, the sanitary sewer will be connected to the existing septic tank and lift station. The savings will be credited back into the project. 2. Upgrade the 3 inch waterline to a 6 inch waterline so a fire hydrant can be installed next to the stadium, per the Fire Department's recommendation. The nearest hydrant is more than 600 feet away and the Fire Department's hoses are not long enough to reach the stadium. 3. Install catch basins under the grandstand and in the parking lot for drainage purposes. 4. Add an access door to the unfinished area under the grandstand. The above changes is estimated at about $16,920.00 minus a credit of$5,132.00 bringing the total cost to about $11,788.00. BUDGET IMPACT Council authorized $380,000 in TIF funds matched by $97,413 from Park Reserves to fund the stadium project. The 1999 CIP identifies $200,000 in park reserves for the stadium project and therefore, staff is recommending using a portion of the unallocated funds to cover the change orders. With all street projects, the City has a contingency amount to accommodate possible change orders. This was not done when Council awarded the contract for the baseball stadium project. Staff is not anticipating any more change orders, however, to be on the safe side, Council is being asked that 7% of the project costs ($33,418.00) be available to cover any change orders that may be needed. ALTERNATIVES 1. Approve a contingency amount of$33,418.00 for the Joe Schleper Baseball Stadium Project to be allocated from the Park Reserve Fund. 2. Do not approve any change orders for the Joe Schleper Baseball Stadium Project. 3. Table for additional information from staff. RECOMMENDATION Alternative#1. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to approve a contingency amount of$33,418.00 in Park Reserve Funds for the Joe Schleper Baseball Stadium Project. Mark cQuillan Parks and Recreation Director Ex kibri A .) c . . .. r N8T24'20�E _ _ • 792.5 �•. :�.,.. 1-325.53.L • 792.5 _ • • 292.49 ✓ ...-'. .. '_-- �• 7�4.0 - 8' w4• 144TTOM76-9.7 C•�.�-..tom �:• ' "7- J `v• r.� Vic...:.;_ `'•?9W.'792.5 ... .. :i i 1/:. •illir i 1 (.:...<14.,;; Iac--7 90:1 -- . • • TM S Fr 9 + o J o,--) \ j / Wuteri 78=31- - �7ss, - - - • ` •. L. cl 789.5 • f... 0 0 0 ( I g 9o- 'o� ,�' - . .. .. i 0 794.5 c • I • 792.6 ' ( FIELD 4 . • \- i • 794.5 • [E 41) 5 • 793.4 \\ 794.4 /• 793.= r • 793.8S. 011 .. \ - . i �. .: 795.2 • 0 1-0.L...-.... �. N ... p/ 0 Q ' • • - 9S, • t I • 794.1 ' • o • O I 1 _. o • • • • • /Ili! ..: ''''.Pv ' p �`�� • . 0 •DST. • 0 •O . 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Pd WdLL:!i 6661 LS •ciaS : 'ON 3'O1-ici 51031IIo s t±3144 1"I QIntiQ :,WOtij Z -d 161 V SVP Z19 lOndISNOO 3NOLSA3b0 140d d 141/91 :9 6661-1Z-6 eX it■ (314—g _ - co ) £ 1 0 0 0 • 2 A " 46 kti _ _ _ , , _ k IS k : , I gk .0 aa ■ of a§ o$ &§ J _ ° -c 2 ƒ ' © o Eoa / § ■ e a ■ Eƒ o . § 11 � � � � en t _ ag ® 7 5 6 e o e ■ 5 2 $ o 0 2 k kt % . s. 1 . e �u. f 7 a 2 o 7 2-t e 0 e E e E ■. 0. $ c 5 � ° © 4 t � � � �/ C -okk § .38. a § § T3 44 k k § $ mak § E $ 2 SCD® - i . 6482 § 0 / © % Q$ $ J sv rs ki o k 0 § k / e 2 < 3 a a $ ` } a Q. & o X41 Ea 0 q § s - 2 219 Q 2 $ 11 a Q 2 O a 2 , A 4. . ■ 2 g I 0 _ z 'd 161V SP Z19 Ionaid OO 2NOISA3d0 was wd§E:z 6661-per S 0fsJ ` CITY OF SHAKOPEE �;� �j �X1)10; Memorandum % �! (4• TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amended Preliminary Plat Resolution for Pheasant Run MEETING DATE: October 5, 1999 INTRODUCTION&BACKGROUND: On June 2, 1999 the Council approved the preliminary plat of Pheasant Run. Among others, the resolution of approval contained the following condition; 7. The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. Recently the Council remove the barricades separating Pheasant Run Street from Valley View Road, and directed staff to prepare a resolution amending Resolution No. 4907 approving the preliminary plat of Pheasant Run. ALTERNATIVES: 1. Approve Resolution No. 5242, amending Resolution No. 4907 approving the preliminary plat of Pheasant Run as presented. 2. Approve Resolution No. 5242, amending Resolution No. 4907 approving the preliminary plat of Pheasant Run with revisions. 3. Do not approve Resolution No. 5242. 4. Table this item. ACTION REQUESTED: Offer and approve Resolution No. 5242, amending Resolution No. 4907 approving the Preliminary Plat of Pheasant Run. 0 R. Michael Leek Community Development Director i:\commdev\cc\1999\cc1005\phsrunpp.doc RESOLUTION NO. 5242 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING RESOLUTION NO. 4907 APPROVING THE PRELIMINARY PLAT OF PHEASANT RUN WHEREAS,on June 2, 1999,the City Council adopted Resolution No. 4907 approving the preliminary plat of Pheasant Run;and; WHEREAS,Resolution No. 4907 contained the following condition regarding access from Pheasant Run Street to Valley View Road; 7. The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. WHEREAS,it has been made to appear,and the Council has concluded,that it is desirable to allow traffic from Pheasant Run Street to access Valley View Road. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Resolution No. 4907AP proving the Preliminary Plat of Pheasant Run is hereby amended as follows by deleting condition D. 7,which states as follows; The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee • ATTEST: City Clerk 15 . 0 . 1 September 30th, 1999 To: The City of Shakopee Mayor and City Council Members: I am writing to you in requards to your meeting Tuesday 9-7-99. I am filing a complaint in reguards to the barricade at the South end of Pheasant Run which prevented access onto Valley View. (1) The residents on Valley View WERE NOT NOTIFIED as to the pending proposal! discussion and vote in reguards to the removal of the barricades. (2) We are now voicing our concern as to the proposal, since you did not allow us to voice it at the City Council Meeting. We had been told Pheasant Run would be barricaded off and would remain that way (as per plat specs) recommended by the Planning Commitee, and voted and agreed upon by YOU, the CITY COUNCIL. Pheasant Run was to remain barricaded against access onto Valley View until Valley View was paved and the intersection of Valley View and Marschall had a control light. This due to the increased traffic and safety issue. This was confirmed by Tim (from City Planning) at the Planning Commitee meeting January 21st, 1999. The following are the issues with removing the barricades: (1) With the increase in traffic flow who will guarantee that the road will be maintained? Who are we to call when we have a concern? We have had a lot of difficulty in the past with every department trying to pass the responsibilty of the maintainance on down the line. We continuously, and currently have a problem with major pot holes, and wash boarding due to the lack of grading, and the increase in traffic and heavy truck use. In dry weather the road is very dusty and with traffic its like a storm in the desert. (2) There is also the issue of there being NO speed limit signs posted anywhere on Valley View, and cars and trucks speed along well in excess of 55 M.P.H. (3) The most obvious problem is that of a major safety issue at the intersection of Valley View Road, and Marschall. The increase in traffic along Marschall is making it more and more difficult to turn off Marschall onto Valley View, and off Valley View onto Marschall. In winter time it is even worse due to the assendig hill you need to climb to get off Valley View and onto Marschall. Many times due to the icy conditions its necessary to make a running start in order to make it up the incline. More traffic on Valley View is only going to add to this problem and increase the chances of accidents, especially if someone slides down the incline backwards into a car behind them. We are strongly urging you to reconsider your recent reversal of your previous decision on keeping the barricades in place as was originally a spec condition. Please follow the Planning Committees recommendation to keep the barricades in place. If you do go ahead with the removal of the barricades, the City of Shakopee needs to do a better job of maintaining Valley View with grading, adding Class #5 material as needed, and water to maintain dust control. The City also needs to post speed limit signs, and send Patrol cars out to monitor the situation and enforce the speed limit. Thank -You for your time, Sincerely, • • lib, \A \-a C L J J \•INc:._ Mr. & Mrs. Jesse Kahnke October 4th, 1999 As a footnote to my previous letter dated 9-30-99: If your main purpose of keeping the barricades down is to let the school buses through, YOU need to be aware of the potentially dangerous situations waiting to happen. For instance this morning my daughters bus did not pick her up so I had to drive her to school. I drove on Pheasant Run St. thinking it was a short cut to SunPath. However it was like an obstacle course with construction vehicles lined up on both sides of the street and bobcats and other construction machines moving around blocking the roadway. A bobcat with a hoist was lifting a pre-assembled roof frame onto a house, in doing so he swung the frame out into the roadway, blocking passage, and almost hitting my car. Had I been a school bus would I have been able to stop in time? How many other situations similar to this will there be? I pray to God that one of my children are not on a school bus should a similar situation should occur, and the bus gets hit! As a parent I guarantee I will pursue a major lawsuit against the City Of Shakopee. YOU are now aware of the potentially dangerous situation of taking a school bus through a construction zone. The parents of the other children riding these buses need to be notified of the dangerous construction zone the bus routes are taking their children though. The couple minutes of time the buses may save, by winding through a housing development, is NOT worth childrens safety!!! Sincerely, Mrs. Jesse Kahnke CITY OF SHAKOPEE !5. ©� Memorandum TO: Mayor and CityCouncil Y Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Bach Appeal of Board of Adjustments and Appeals Denial of Request for Variance to Front Yard Setback MEETING DATE: October 5, 1999 INTRODUCTION: Paul and Ann Bach made application to allow a front yard setback of 26 feet instead of the required 30 feet for their property located at 1034 11th Avenue East. The public hearing on the request was held at the September 23, 1999 meeting of the Board of Adjustments and Appeals(the Board). The Board denied the requested variance on a vote of 5-0-1. The Bach's have appealed the determination of the Board. A copy of the Bach's appeal statement is attached for the Council's information. ALTERNATIVES: 1. Uphold the determination of the Board, and direct staff to prepare a resolution denying the requested variance for the consent agenda. 2. Uphold the Bach's appeal,and direct staff to prepare a resolution approving the requested variance for the consent agenda. 3. Table the appeal for additional information. ACTION REQUESTED: Offer a motion directing staff to draft a resolution consistent with the Council's determination. SEP 2 71990 -""+.►....,,..1r.--- We feel we do have a hardship. I started a daycare business after we moved into our home. As you can see from the pictures of our house, we can't fit our entire family around the table. So you can see it is impossible to fit all my daycare children around it. I take care of seven children and have three of my own. I gave the board some information from PCI, my food program, on the importance of everyone being able to sit down together and have a family style meal. This is something many families don't have time to do these days. Also, at preschool age is when children learn many of their table manners that they carry though out life. (Please see the handout in file.) I also do a preschool program with the children and the kitchen space is not adequate, so we do most of our crafts outside at the time. On the planners lB finding that similar properties in the area are using the same space for similar uses, I would have to disagree. There are two homes in the area like ours, one is used by a family of three, and the other is rented out to young people. Neither of them have a daycare business. The board of Adjustment and Appeals first voted not to deny or approve my variance and to pass it on to you, the City Council, to decided. The city planner stated they couldn't do that. So one member chose not to vote and the rest denied passing the decision on to you. We thank you for your time, Paul and Ann Bach CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Julie Klima, Planner II SUBJECT: Variance to Front Yard Setback MEETING DATE: September 23, 1999 SITE INFORMATION Applicant: Paul and Ann Bach Location: 1034 11th Avenue East(Lot 3,Block 2,Meadows 5th Addition) Current Zoning: Urban Residential(R-1B)Zone Adjacent Zoning: North: Urban Residential(R-1B)Zone South: Urban Residential(R-1B)Zone East: Urban Residential(R-1B)Zone West: Urban Residential(R-1B)Zone Comp.Plan: Single Family Residential Attachments: Exhibit A: Location Map Exhibit B: Applicant Correspondence Exhibit C: Property Survey DISCUSSION Paul and Ann Bach have made application for a front yard setback variance at their property located at 1034 11th Avenue East(for location see Exhibit A). Attached as Exhibit B is a copy of the applicant's correspondence explaining the request. Exhibit C is attached and illustrates the subject site. The required front yard setback in this zone is 30 feet. The applicants are requesting a 4 foot variance to their front yard setback which would allow a setback of 26 feet from the property line to the structure. The variance request is in connection with the applicants intent to construct an addition to their existing dining room area(Please see Exhibit B for further detail). The applicants have stated that the proposed addition can not be placed in another location,thereby necessitating a variance request. The City Attorney has reviewed this request and has commented that the stated reasons do not meet the requirements for a variance. FINDINGS Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist Staff has provided draft findings on each criterion. The Board of Adjustment and Appeals may use or modify these draft findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A. The property can and is being put to a reasonable use if used under conditions allowed by the official controls. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.R The plight of the landowner is not due to circumstances unique to the property. The property is very similar to other properties guided for and utilized for similar uses in the area. 1.C. The circumstances were not created by the landowner; Finding 1.0 The circumstances are a result of the applicants desire to construct cm addition to their existing home. 1.D. The variance,if granted,will not alter the essential character of the locality; and Finding 1.1). The variance would not alter the essential character of the locality. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E The problems do not extend beyond economic considerations. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in that there is no hardship or need to vary from the ordinance. Criterion 3 The request is not for a use variance. Finding 3 The request for a front yard setback variance is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4 (Not applicable if the application does not meet all the criteria for granting a variance) Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: Finding S (Not applicable since the front of the property is not within the flood plain overlay zone) ALTERNATIVES: 1. Direct staff to prepare a resolution, denying the variance with findings as recommended by staff. 2. Direct staff to prepare a resolution, denying the variance with revised findings. 3. Direct staff to prepare a resolution, approving the variance with revised findings. 4. Continue the Public Hearing for additional information. 5. Table the decision for additional information. STAFF RECOMMENDATION Based on the proposed findings this application does not comply with Criterion 1A, B, C, E, and Criterion 2. In addition, the City Attorney has stated that this variance request does not meet the requirements necessary for granting the variance. Therefore, based on those factors, staff is recommending Alternative #1, directing staff to prepare a resolution denying a front yard setback within the Urban Residential (R-1B) Zone. ACTION REQUESTED Offer a motion directing staff to draft a resolution consistent with the findings of the Board of Adjustment and Appeals. PARINT A ,' ►1 I \ 11 I" III I i L.. . 'U I I I I 1 1 1 1 1 II \ til 1 1 1 1 I.. 11111 II \\\ II 11 1 L ' R1 C — E1cT — — _ R3\\crel— eei ....... \ \ --. ...... .\ .j_____ __ , __ _ _,..., ______ _ _____ __ __ _ __ __ R16 —— 11 thvc. E. , tempiniii • /il "lei_ T ,viiiiiiiW� # "w � , 4......,. R1 B suft AVIR4 ;Ito' - Iff Lk_ 4cral ap, slit itg iiiposw . . ..._. 1 il II ihb '' IN et*, On 41% • c7 1 NI „ NE 1 1 : • w"'1006 ♦ --� ut, "'Aft ; --- 1 so — 115_44 • n • R2 )s0.- all 4111111ril R1B �•AlINOW‘liff ft artilla1 1 0 — MIL a 411P4 vim F----- Welk w*I ( i 1 a # A * ' :1 — • Om 4#4*4% Ai.* la I 'cq I." ft * N - r\iT N PlaAll ,4 W ;r e SHAKOPEE CAFW T PRIDEShv� S Proposed Variance - Bach Ns Zoning.shp Parcels.shp H:\ARCVIEVV\daily.apr 08/31/99 0/0i 1 kVr We are requesting to enlarge the dining area of our kitchen because of the small eating area. We have only a 6'9"by 7'6" space to eat in. At the time we bought our home we had one child and felt the space would be adequate. We now have five people in our family and normally one of us doesn't sit at the table because it's too crowded. When everyone is seated at the table there is no space to even walk around the table to get in and out of the kitchen. I also no longer work outside of the home. I started a daycare in our home, and I'm unable to feed all of my kids at the same time because to the space problem. I need a highchair in my kitchen to feed my younger daycare children, but due to the space, I have_to store it in the garage and move it in and out daily. Our kitchen space also eliminates us from having family gatherings around the table because we do not have a.formal_dining area. We can't enlarge it any other way but out towards the street because the garage is on the west side and the steps to the basement are behind us. We love the location of our home and wish not to move, but, as our children grow the small area will become a greater problem. . - Exrrc, ( 1t'\ Avenue. ►s S6)`55`g' E — - _ Si. cit o$— — — — — 1 —-- — — — — — — — — — i--ro - . 30' .. 1 ' 51&e. .. to Q(QA.,lion I Rea 3C Io 20:00 i a I c O • I 1 " tkotis£ 2 f i GAERUF I Fuu,p}�sgM€4r I v 3 (.4.00' I tc0' " P Lx c�r IC.a7'• f ( R g4 , 1i M 0 - i 1 8 1 1 0 1 1 i I ' H j l I r r - — '. " „9 5 18'Sb 44 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima,Planner II SUBJECT: Waiver of Subdivision Criteria DATE: October 5, 1999 DISCUSSION The City has received a request from Joy Dressen for waiver of subdivision criteria. The Subdivision Regulations require any lots created through the minor subdivision process to comply with all design standards(m this instance the issue is setback requirements). Ms. Dressen is requesting a waiver to the following requirement. Section 12.08 (MINOR SUBDIVISION PROCESS), Subd. 1.B states the following "All resulting lots must meet the design standards and other requirements specified in Chapter 11, unless otherwise modified as part of the PUD approval". Attached for your information is a copy of the correspondence received relative to this request. ALTERNATIVES 1. Approve the request to waive subdivision criteria. 2. Do not approve the request to waive subdivision criteria. 3. Table the matter and request additional information from staff and/or the applicant. ACTION REQUESTED Offer a motion consistent with the preferred approach, and move its approval. 1°0(-14/LiZ 'e Klima lanner II i:' ommdevlcc\1999bc1ooswaiver.doc /C. a Y, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima,Planner II SUBJECT: Waiver of Subdivision Criteria DATE: October 5, 1999 DISCUSSION The City has received a request from Joy Dressen for waiver of subdivision criteria. The Subdivision Regulations require any lots created through the minor subdivision process to comply with all design standards(in this instance the issue is setback requirements). Ms. Dressen is requesting a waiver to the following requirement. Section 12.08(MINOR SUBDIVISION PROCESS), Subd. 1.B states the following "All resulting lots must meet the design standards and other requirements specified in Chapter 11, unless otherwise modified as part of the PUD approval'. Attached for your information is a copy of the correspondence received relative to this request. ALTERNATIVES 1. Approve the request to waive subdivision criteria. 2. Do not approve the request to waive subdivision criteria. 3. Table the matter and request additional information from staff and/or the applicant. ACTION REQUESTED Offer a motion consistent with the preferred approach, and move its approval. / • . C It a Klima 'lamer II i:\commdev\cc\1999\cc10054aiver.doc •9 12:01 SCOTT COUNTY ABSTRACT AND TITLE 4 SHAKOPEE Nu.bn4 Wnc September 27, 1999 City of Shakopee Attention: Mark McNeill 129 S. Holmes St. Shakopee, MN 55379 Dear Mr. McNeill: a Breeze-way. My parents own two homes in Shakopee (front to back) jointed by would like to purchase the front home from them, I am a sly ingle wilt probably oy Iaparents.is the oab littleeable girl investvd hmy homeminea nice ehome dthat 6I already Arent from my be to my h a1 description right now. I have talked to The property is considered one leg told me to get a survey and attend one of the Mikey Councilon and Julie s.Klimaand of Al's Surveying is doing the survey of the City meetings. property. hasbeen out to the house and has told me that it shouldn't The City Inspector be a problem splitting the property. The only problem is the wall from the p y' front house to the breeze-way would need to be a permanent wall and that would need a shared driveway agreement. called Jim Bates from Huemoeller end Bates and I explathe ined thenttsituation and Iproblem with putting he said there would not be a I am asking you to waive the requirements for doing minor subdivisions. Sincerely, Joyanne Dressen 321 Market St. Shakopee, Mn 55379 (612) 445-6246-W (612) 496-9005-H cc: Mike Leek Julie Klima 0011 II too GEO OW 101 111111 00 11111 Ole Oil 111111 UM Oa II, ow_ i 011111111111:11111 tall ICU 111111 Ott U\D-D 11111 It,111111 GOTD 10 M __-,IB gal WI VP,, tiltilltiliiii 111JV IIIII Ittii OWN 7 SIMI 1111) 1110 \__---A ID MIS ISO 1St gla OS VED EatAtitilt II TA SO 0:03, 1,1111 033300:11 V\ OR SO ill ZIA VEGA VjdliiWIS14-0 -11111 V311116 titti ag3 MT-3 11111111111111461111111 1111111111111 OS la Vig Via IOW larlOW11 ' 1 AO 6l1# mENI A.ok 8 1 1 --R,111111ijuInuut � 7 `OX111 � E ° *111111 n �: � � � °� AeaITlii�� YW NIII 11 \ srAtilloPEE Proposed Waiver of Subdivision Criteria - ° Joy pressen WiNkE p Zoning.shp carceixsno .• 1 s;- D. Li . - 20 0 20 40 ro0 ao LOC. E5 (I) scae1r) -e9J-k- . [-- . 0 1 " E �� PIAT i- t _ — 1�1 '7'7 5, .38 ti 42 , 24 rn + 2.00 w LI] 5 N -Si-mixt wogs D2►uEw�1 • If S - t2'1�"VAILc.) . 53.�7 pk # 5QQ • � / �s �I , C ( � '� r�' 4 -14 / i57°Z7� % nn QQ . .8 9 ' i, 1 0 Q; 1 YO / 4, i \ 'e2 30,E . d ° .i l� , -�_ _ ifii iii i/ . zY q/d4-ri;1" z.5.9,- , (9 • . ! % . 1 � .�o 1 51E3100 ' i . 11° 59 " F 1,42_ IG meas, 142.00 PA- 0 Denotes set or found iron pipe monument fb Bearings are assumed • , Subject to easements of record if any PARCEL A That part of Lot 3, Block 5, EAST SHAKOPEE ADDITION of the City of Shakopee, Scott County, Minnesotaas on file and of record described as follows: Beginning at the southeast corner thereof; thence N 77059' 39" E (assumed bearing) along the south' line thereof a distance of 58.00 feet; thence N 12 ° 47' 43" W a distance of 30.20 feet; thence S 77e 12' 17" W a distance of 3.99 feet; thence N 12 ° 47' 43" W a distance of 17.64 feet; thence S 77° 12' 17" W a distance of 53.77 feet to the ' west line of said Lot 3; thence S 120 30' 00" E a distance of 47.04 feet to the . point of beginning. PARCEL B That part of Lot 3, Block 5, EAST SHAKOPEE ADDITION of the City of Shakopee, • Scott County, Minnesota as on file and of record described as follows: Commencing at the southeast corner thereof; thence N 77059' 39" E (assumed bearing) along the south line thereof a distance of 58.00 feet to the point of beginning; thence N 12° 47' 43" W a distance of 30.20 feet; thence S 77° 12' 17" W a distance of 3.99 feet; ' thence N 12° 47' 43" W a distance of 17.64 feet; thence S 77° 12' 17" .W a distance - of 53.77 feet to the west line of said Lot 3; thence N 12° 30' 00" W a distance of 12.98 feet to the northwest corner; thence N 77059' 38" E to the northeast corner; . thence S 12° 25' 25" E to the southeast corner; thence S 77° 59' 39" W to the point • of beginning. tal ' ' (7-- OTE , i () TITLE DPtODO Vl112.N SR Et 100 VATE. • I hereby certify that this is a true and correct representation of a survey of the boundaries • 4h &...01 " County. Minnesota as on file and of record of .-�e a�oUe (`�S�rti�ed• prop��y� in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: cIeToE 1. 1 (lia � apt ,I, Allan R. Hastings Minnesota Registration No. 17009 �7 -� 212 East First Avenue 1 g 1 0 'J Suite No. C Shakopee) 55379 OCT 1 1999 • Phone 612 445 4027 It)y /s. a. J. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resignation of Planning Secretary;Approval of Job Description; and Authorization to Post the Opening MEETING DATE: October 5, 1999 INTRODUCTION: Shelly Bilotta has submitted her resignation from the position of Community Development Secretary effective Friday, October 8, 1999. Shelly has served the City in that position since December 5, 1994. Council is asked to accept Ms.Bilotta's resignation with regret. Because the Community Development Division had been functioning with only part-time secretarial during Ms.Bilotta's recent leave of absence,I would like to proceed rapidly to fill the opening. The position is being posted internally. If no internal candidates materialize, Council is also asked to approve the attached job description, and authorize posting the opening externally. ACTIONS REQUESTED: Council is asked to take the following actions; 1. Accept, with regret, the resignation of Shelly Bilotta from the position of Community Development Secretary. 2. Approve the attached job description for the position of Community Development Secretary. 3. Authorize the appropriate City staff to post the opening externally, if there are no internal candidates. - z- R. Michael Leek Community Development Director i:\commdev\cc\1999\cc1005\CDSec.doc Job Description Job Title: Secretary Grade: D Employee Name: Division: Planning Department: Community Development Location: City Hall Reports To: Community Development Director FLSA Status: Non-exempt Prepared By: R.Michael Leek Prepared Date: 9/30/99 Approved By: Starting Salary: Salary Level: $13.8490-$17.3111/hr. (1999 rates) SUMMARY Performs secretarial duties for the Community Development Director and other planning staff. Coordinates Commission and other agenda packets,performs typing and word processing as necessary,maintains files and records,provides information and assistance to the public and other city staff both on the phone and at the counter and performs other secretarial tasks with minimal supervision. The job requires excellent secretarial and customer service skills. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: Prepares,assembles and distributes Board of Adjustments and Appeals,Planning Commission and other agendas. Prepares planning application files;routes applications for review; and prepares and posts public hearing notices. Composes or transcribes and types/word process from copy,general instructions or voice recordings; a variety of correspondence,reports,resolutions,ordinances and other documents using personal computer programs such as Word or other software packages.Edits and proofreads written material. Copies correspondence,agenda memos or other printed matter. Provides information,explanation,and assistance to the public and other employees. Sorts and routes incoming departmental mail and prepares outgoing mail. Locates and attaches appropriate file(s)to correspondence to be answered by planning staff. Performs other duties as assigned. QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the Page 1 knowledge, skill, and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE High School Degree or General Education Degree(GED)and a minimum of four years related work experience;municipal/county experience desirable. One year of post high school administrative education or technical school may be substituted for one year of experience. LANGUAGE SKILLS Ability to understand and explain city development and platting processes. Ability to read, analyze,and interpret general business journals,periodicals,and simple legal documents.Ability to respond to common inquiries or complaints from customers,regulatory agencies,or members of the business community.Ability to write correspondences that conform to prescribed style and format.Ability to effectively present information and respond to questions from supervisors, customers,and the general public. MATHEMATICAL SKILLS Ability to add, subtract,multiply and divide two digit numbers. Ability to perform these operations using units of American money,weight measurement and distance. Ability to apply mathematical concepts in practical problem solving situations. REASONING ABILITY Ability to define problems,collect data,establish facts,and draw valid conclusions.Ability to interpret an extensive variety of instructions in written,oral,diagram or schedule form. OTHER SKILLS AND ABILITIES Strong desire to assist others; significant experience in face-to-face problem solving. Must possess strong writing,listening and problem solving skills. Thorough knowledge of modern office practices,procedures,machines and systems including knowledge of computer operation. Possesses accurate typing skills with knowledge of English, spelling,grammar and punctuation and the ability to type accurately. Possesses ability to maintain alphabetical,numerical and statistical files and records. Has ability to effectively interpret and communicate general knowledge of City operations and policies. Has ability to establish and maintain working relationship with employees and public and to follow written and oral instructions. Must maintain confidentiality as required by the Minnesota Data Practices Act as deemed appropriate for certain documents. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to sit;use hands to finger,handle,or feel objects,tools,or controls;reach with hands and arms; and talk or hear. The employee frequently is required to stand and walk.The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision,color vision,peripheral vision,depth perception,and the ability to adjust focus. Page 2 ` V .E4 , OSeT CITY OF SHAKOPEE Cot4 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Payment DATE: September 24, 1999 INTRODUCTION: The Council is asked to authorize payment in the amount of$30,000 as a one time City donation to Murphy's Landing. BACKGROUND: In August, representatives of Murphy's Landing approached the City for support during the upcoming budget year. Because of budgetary problems,they had asked for a donation of cash, sponsorship of a specific employee position, or paying down of some of the Murphy's Landing debt. After deliberation,the City Council choose to make a contribution of$30,000 to Murphy's Landing to assist them in a cash flow problem. This was with the understanding that the monies would come from unexpended 1999 revenues, and would be a one time only event. Executive Director Dennis Kelly has recently contacted me, inquiring as to the timing of this donation. At the end of September, Murphy's Landing will need to receive a bank loan in order to pay off bills incurred this summer. If the City's contribution comes now, rather than after January 1, it would save Murphy's Landing the bank interest rate on the loan. Even though we do not know exactly how much money will be remaining from the 1999 budget, it would seem reasonable that that amount could be contributed now, if that is still the intent of Council. BUDGET IMPACT: The $30,000 to Murphy's Landing will need to be provided through a budget amendment from the City Council's budget(rather than from contingency). RECOMMENDATION: We recommend that the donation of$30,000 be authorized at this time, rather than waiting until FY 2000. ACTION REQUIRED: If the Council concurs, it should,by motion, approve the following: 1. Approve a donation of$30,000 to Minnesota Valley Restoration Project, Include, d/b/a Murphy's Landing,with the understanding that this is a one time only contribution. 2. Direct staff to prepare a budget amendment for these monies to come from the City Council line item. Mark McNeill City Administrator MM:tw CC: Gregg Voxland WILLA! SHAKOPEE September 13, 1999 Dennis Kelly Murphy's Landing 2187 E. Hwy. 101 Shakopee, MN 55379 Dear Dennis: Please be advised that, at it meeting of September 7th,the Shakopee City Council voted to make a one time only payment of$30,000 to Murphy's Landing to assist in balancing this years budget. The money will come from this year's anticipated operating surplus. Again,this is a one-time only payment. As we've discussed before,the Council encourages you to seek any available grant monies, and also approach the Convention and Visitors Bureau for other funding sources for your operating budget. It was determined in the Council's discussion that there is an interest in the construction of an entry gate,but plans and specifications must be drawn up for that. There is a possibility that with an estimated cost of from$15,000 to $20,000, funding might come from the City's Capital Improvements Fund. You and I should be contact with Councilor Clete Link to coordinate that. Sincerely, 114101/ Mark McNeill City Administrator MM:tw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South. Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 CITY OF SHAKOPEE r� , Memorandum ��5 1 6 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Sunday On Sale Liquor License Pablo's Mexican Restaurant DATE: September 29, 1999 • INTRODUCTION: City Council is asked to consider the application from Pablo's Mexican Restaurant,230 South Lewis Street for a Sunday on sale intoxicating liquor license. BACKGROUND: Pablo's has had anon sale intoxicating liquor license since 1991. The Chief of Police has been consulted regarding the application and he has indicated that he is not aware of any liquor violations involving Pablo's. RECOMMENDED ACTION: Move to approve the application and grant a Sunday on sale intoxicating liquor license to Pablo's Mexican Restaurant, Inc., 230 South Lewis Street, effective October 6, 1999.• Judi . Cox, City Cler JSC/jms i:jeanette/pablo CITY OF SHAKOPEE Memorandumm SP TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco License - Speedway Superamerica L.L.C. DATE: September 30, 1999 INTRODUCTION AND BACKGROUND: The City has received an application from Speedway Superamerica L.L.C. , 1195 Canterbury Road, for a tobacco license. During the customary background investigation, the Police Department has learned of nothing that would prevent the issuance of the tobacco license. RECOMMENDED ACTION: Approve the application and grant a tobacco license to Speedway Superamerica L.L.C. , 1195 Canterbury Road, effective October 6, 1999. i:jeanette/license/tobacco.mem )s. , F y, CITY OF SHAKOPEE r Memorandum (;() ELT, TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Security for Improvements for Brittany Village and Longmeadow DATE: September 27, 1999 INTRODUCTION: City Council is asked to authorize the release of the letter of credit from the developer of Longmeadow for improvements to Sarazin Street; and, the return of escrow funds from the developer of Brittany Village for improvements to Sarazin Street. BACKGROUND: At the time of the platting of Longmeadow, the developer was required to provide security to insure the payment of special assessments for the construction of Sarazin Street along the west side of the plat. The developer provided a letter of credit in the amount of $45,000. At the time of the platting of Brittany Village, the developer was required to provide security to insure the payment of the special assessments for the construction of Sarazin Street along the west side of the plat. The developer has escrowed cash with the City in the amount of $18,750. The developers of both plats have an arrangement with the developer of Shakopee Valley Marketplace whereby Shakopee Valley Marketplace will be constructing Sarazin Street. The two developers will then be responsible for their share of the cost to Shakopee Valley Marketplace. Shakopee Valley Marketplace, in turn, has included the construction of Sarazin (to their east) in their developer's agreement with the City and has provided the City with a performance and maintenance bond to insure its construction. As a result of this new security on the City's behalf from Shakopee Valley Marketplace, Brittany Village and Longmeadow are requesting that their securities be released. RECOMMENDATION: It is the recommendation of staff that the securities from Brittany Village and Longmeadow be released as they are now a duplicate of the security from Shakopee Valley Marketplace. The security from Shakopee Valley Marketplace is in the amount of 125 percent of the engineer's estimate for the work, as required by the developer's agreement RECOMMENDED ACTION: Authorize the release of the letter of credit for Longmeadow in the amount of $45,000 and the return of the escrow funds for Brittany Village in the amount of $18,750, plus interest as outlined in .the Developer's Agreement, for the construction of Sarazin Street. • is\clerk\judy\deveagre\longrel lS. 5. '1 CITY OF SHAKOPEE d � Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Grant- City Participation DATE: September 21, 1999 INTRODUCTION: The Council is asked to consider a resolution establishing its participation in a federal grant program for Murphy's Landing. BACKGROUND: In 1997,Murphy's Landing applied for$700,000 in what was then known as the ISTEA Federal Grant Program. The grant would have been used to restore Murphy's Inn, and develop handicapped-accessible trails and picnic areas. As part of that,the City Council approved Resolution No. 4700, which committed to having the City act as the fiscal agents(receive funds,process payments, and report as necessary for the federal grant). In addition, it also committed to providing in-kind services of up to $30,000 as part of the preparation and development of the improvements. The in-kind donation,primarily labor from the Public Works Department, would have been phased in over a two year period of time. That 1997 application was not successful. Executive Director Dennis Kelly is currently reapplying for that funding(through what is now known as the TEA-21 Program). If successful,this work would not take place before 2001. BUDGET IMPACT: There is no direct donation of dollars(this $30,000 should not be confused with the contribution that the City Council has budgeted for 2000,to come from 1999 undesignated monies). Instead,this would be primarily Finance Department and Public Works staffing, and would also include some materials in order to prepare the areas required. RECOMMENDATION: I recommend that the City Council indicate its commitment towards Murphy's Landing Project by approving the attached resolution. ACTION REQUIRED: If the Council concurs, it should,by motion, approve the following resolution: A RESOLUTION OF THE CITY OF SHAKOPEE 1)AGREEING TO ACT AS FISCAL AGENT FOR MURPHY'S LANDING FOR GRANT REQUEST, AND 2)AGREEING TO PROVIDE A PORTION OF THE LOCAL GRANT MATCH A FEDERAL TRANSPORTATION ENHANCEMENT ACT(TEA-21) /D\AdAkkj,i-LA10 Mark McNeill City Administrator MM:tw RESOLUTION NO. 5 2 3 8 A RESOLUTION OF THE CITY OF SHAKOPEE 1)AGREEING TO ACT AS FISCAL AGENT FOR MURPHY'S LANDING FOR GRANT REQUEST,AND 2)AGREEING TO PROVIDE A PORTION OF THE LOCAL GRANT MATCH A FEDERAL TRANSPORTATION ENHANCEMENT ACT(TEA-21) WHEREAS,the Minnesota Valley Restoration Project(Murphy's Landing) intends to submit a request for$700,000 in Federal Transportation Enhancement funds under the federal TEA-21 program to be used for restoration of Murphy's Inn and the development of associated picnic areas and a handicapped-accessible trail; and WHEREAS, Murphy's Landing has requested that the City of Shakopee act as fiscal agent for the present grant request; and WHEREAS, $475,000 in local matching funds or investments are required; and WHEREAS,the City Council finds that the proposed project will contribute positively to the City by 1) enhancing Murphy's Landing's appeal as a cultural and entertainment destination, 2) connecting the City's trail system with regional trails and park and open space resources, and 3)thereby providing a valuable set of additional amenities to residents of the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the City of Shakopee act as the fiscal agent for purposes of the project and request outlined above, and that the appropriate city officials be directed and authorized to execute any necessary documents in connection with the City's role as fiscal agent. 2. That the City provide crews, equipment and material totaling up to $30,000 in value as part of the local match for preparation and development of the picnic area,trail and associated facilities which are a part of the project. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk MEMORANDUM6 /S7 5, TO: Mayor and City Council �` " T Mark McNeill, City Administrator` '6 a,. �'° ' FROM: Judith S. Cox, City Clerk DATE: September 30, 1999 RE: Setting Date for Tobacco Violation Hearings INTRODUCTION: City Council is asked to set a date to review the actions of certain tobacco licensees. BACKGROUND: Any licensee who furnishes, sells or atttempts to sell tobacco, tobacco products or tobacco related devices to a minor or whose employee furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor shall be charged an administative fine and shall also have his or her license suspended as outlined in the City Code. Staff is ready to proceed with the setting of a hearing date to consider tobacco violations that occurred during the compliance check on August 13, 1999. ALTERNATIVES: 1. Schedule a hearing for Tuesday, October 19, 1999 2. Schedule a hearing for Wednesday, November 3, 1999 3 . Do not hold a hearing. RECOMMENDATION: Alternative 1. p,CTION REOUESTED: Set a hearing for Tuesday, October 21, 1999, at 7:30 p.m. , or thereafter, to review the action of the tobacco licensees: Tom Thumb #250, 590 S. Marschall Road, Canterbury Park Concessions, Inc. , 1100 Canterbury Road, Budget Liquor, 6268 Highway 101, Koehnen's Amoco, 804 East 1st Avenue. • [i:\clerk\jeanette\licenses\tobacco.vio] immr ------ „, is-.. , 7, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CotQSE1t'T Mark McNeill, City Administrator --1 FROM: Judith S. Cox, City Clerk SUBJECT: Setting Date for Liquor Violation Hearings DATE: September 30, 1999 INTRODUCTION: City Council is asked to set a date to review the actions of certain liquor licensees. BACKGROUND: The City Code prohibits any person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. Licensees are subject to a fine that may be imposed by the City or by the State of up to $2,000 and revocation or suspension of the license of up to 60 days. Staff is ready to proceed with the setting of a hearing date to consider alcohol violations that occurred during the compliance checks on August 13, 1999, August 20, 1999, and on September 17, 1999. ALTERNATIVES: 1. Schedule a hearing for Wednesday, November 3, 1999 2. Schedule a hearing for Tuesday, November 16, 1999 3. Do not hold a hearing RECOMMENDATION: Alternative 1, schedule hearing for Wednesday, November 3, 1999 - separate from the tobacco hearings, as recommended by the City Attorney. RECOMMENDED ACTION: Set a hearing for Wednesday, November 3, 1999, at 7:30 p.m., or thereafter, to review the action of the alcohol licensees: Crossroads Liquor of Shakopee LLC, 1262 Vierling Drive East Canterbury Park Concessions Inc., 1100 Canterbury Road Magnum Management Corp. dba Valleyfair, One Valleyfair Drive Turtles Bar and Grill, Inc., 132 East 1st Avenue Tom Thumb Food Markets, 590 So. Marschall Road Sabroso Inc., 1120 East 1st Avenue ..,.,,r, 91 v. Juo S. Cox, City Clerk i:\clerk\jeanette\licenses\liquor.vio /s; 2. MEMORANDUM CITY OF SHAKOPEE d ' MEMO TO: Mayor and City Council Mark McNeill,City Administrator FROM: Judith S. Cox,City Clerk RE: Appointment of Election Judges DATE: September 30, 1999 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 2, 1999 City Election. RECOMMENDED ACTION: Offer Resolution No. 5239, A Resolution Appointing Judges of Election and Establishing Compensation,and move its adoption. JSC/jms [i:\clerk\jeanette\election\election.res] RESOLUTION NO. 5239 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the November 2, 1999,City Election for the eight polling precincts within the City of Shakopee designated in Resolution No. 5188, adopted July 6, 1999. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson(Chair) Regular Judges Vella Gould Claude Kolb Dell Reed Evelyn Weckman Marie Beckrich Irene Bursey Betty Christensen SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Marvel Siebenaler Barb Zupan Bud Geske Darlene Schesso Bob Mertz FOURTH PRECINCT: Edna Wangerin(Chair) Joan Schultz Regular Judges Pat Clemens Murial Koskovich Marge Bischoff FIFTH PRECINCT: Virgilla Geske(Chair) Carol Link Regular Judges Joan Hart Betty Dols Louise Vyskocil SEVENTH PRECINCT: Carole Hedlund(Chair) Don Hart Regular Judges • Jodell Kirkland Reuben Patrikus John Collins Don Zupan EIGHTH PRECINCT: Darlenelvleuissen JoAnn Coller(Chair) Regular Judges Betty Teich Lenore Johnson Nancy Vaughn Marvin Hertaus Char Steininger 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in regular session of the City Council of the City of Shakopee,Minnesota, held this 5th day of October, 1999. Mayor of the City of Shakopee AIlEST: City Clerk eCiiised 15, E. $ RESOLUTION NO. 5239 Consen 4 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the November 2, 1999, City Election for the eight polling precincts within the City of Shakopee designated in Resolution No. 5188, adopted July 6, 1999. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson(Chair) Regular Judges Vella Gould Claude Kolb Dell Reed Evelyn Weckman Marie Beckrich SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Marvel Siebenaler Barb Zupan Bud Geske Darlene Schesso Bob Mertz FOURTH PRECINCT: Edna Wangerin(Chair) Joan Schultz Regular Judges Pat Clemens Murial Koskovich Marge Bischoff FIFTH PRECINCT: Virgilla Geske(Chair) Carol Link Regular Judges Joan Hart Betty Dols • Louise Vyskocil SEVENTH PRECINCT: Carole Hedlund(Chair) Don Hart Regular Judges Jodell Kirkland Reuben Patrikus John Collins Don Zupan EIGHTH PRECINCT: Darlene Meuissen JoAnn Coller(Chair) Regular Judges Betty Teich Lenore Johnson • 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of October, 1999. Mayor of the City of Shakopee A 1'1'bST: City Clerk /5: hi CITY OF SHAKOPEE � Memorandum t >yiFN T TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: U.S. West Agreement DATE: September 30, 1999 Introduction & Background US West is offering a $89 . 88 reduction in the monthly rate for certain telephone services in exchange for executing a 60 month agreement . This is a current cost savings of $5, 392 . 80 over the term of the agreement based on the current number of lines covered. The cost under the new rate would be $30, 381 . 00 for the term of the agreement . Action Authorize the proper city officials to execute an agreement with US West for telephone services contingent upon City Attorney review. Gregg Voxland Finance Director C:\gregg\memo\ CITY OF SHAKOPEE r - Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessments On Fire Station Property DATE: September 30, 1999 Introduction & Background There are special assessments on the new fire station property for the improvements on CR. 16 . With the imminent sale of part of the property for Evergreen Heights, the assessments will need to be paid or split between the sale part the remainder. With the timing of the sale process and the plat filing and all the other strings involved with this project, it would be simplest to just pay off the assessments before the closing which is scheduled soon. The total remaining balance of assessments is $44, 958 .35 . the sale part is about two thirds of the parcel . Council has been paying assessments with General Fund money. A budget amendment for 1999 would be needed to allow for the payment of these assessments . Action Requested Move to authorize staff to pay off the assessment balance on the new fire station site (parcel 27-908069-2) in the amount of $44, 958 . 35 and prepare a budget amendment in order to facilitate the sale of property for Evergreen Heights . G gg Voxland Finance Director C:\gregg\memo\evergreen )s. E, II , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Outdoor Heritage Education Center MEETING DATE: October 5, 1999 Introduction: The City Council is asked to consider a proposal for the development of an Outdoor Heritage Education Center(OHEC) on 2-3 acres of land at Murphy's Landing. Background: OHEC, Inc. was founded in May 1999 as a Minnesota corporation, and is a charitable non-profit organization (IRS 501(c)(3) status pending) established for the purpose of designing, building and operating a fish and wildlife museum that serves the base for educational outreach efforts in support of the OHEC mission. OHEC's mission is to educate the public and encourage a better understanding, appreciation and a sense of stewardship for the environment, natural resources, professional resource management and related activities, as well as their history and heritage. Initial plans for the 30,000 square foot (sf) facility include 10,000 sf of exhibit space, 1,300 sf for a retail gift shop, 6,000 sf of classroom and meeting space, and 7,000 - 9,000 sf of office space for rent to conservation groups and similar tenants such as Minnesota Outdoor Heritage Alliance, DNR field offices, Wildlife Forever and the Teddy Roosevelt Conservation Alliance. The capital required to build the facility and main exhibits is estimated to be$2.9 million.Nearly one-third of the total has been pledged. At its meeting on September 22, Murphy's Landing Board of Directors unanimously approved proceeding with the OHEC project. They did approve this with the condition outlined in a letter to Mark LaBarbera, (Chairman/President of OHEC), dated August 31, ExhibtA. OHEC is in agreement with those conditions. Additional information on this project is provided in Exhibit B, which includes an Executive Summary, Financials, Letters of Support, and excerpts of LCMR approval document and work program. Mark LaBarbera will be at Tuesday evening's Council meeting to provide further details and answer questions. ohecmo l.doc Discussion: A successful Outdoor Heritage Education Center at the Murphy's Landing site would enhance the tourism and attraction offering in Shakopee. It would also provide synergistic elements to help bolster the viability of Murphy's Landing, including fulfilling Murphy's environmental mission; provide upgraded office space for Murphy's employees; help attract visitors and increase attendance at Murphy's; generate positive publicity for the area; provide a compatible use to increase the value of the City's land along the river; bring new sources of funding and potential donors to Murphy's; and underwrite some of Murphy's existing site expenses such as paving and striping the parking area and improving the frontage along highway 101. On the other hand, if OHEC fails to raise the necessary funds to continuously operate its facility, the building would become property of the City. Budget Impact If everything goes as outlined in the business plan put together by OHEC,the impact to the City should be minimal. It is a$1.00 per year lease to Murphy's Landing; the Center itself should be self supporting. There would be spin-off advantages to Murphy's Landing in the form of increased attendance as described above. Care needs to be taken in final negotiations so that there would not be obligations for outstanding liens or other impacts on the City or Murphy's Landing caused by any financial problems with OHEC. Further discussions will need to take place. Murphy's Landing has concerns about potential retail sales by the Center that might conflict with Murphy's Landing sales. Recommendation We recommend no action at the October 5th meeting, but instead to give direction as to whether the City is comfortable with an arrangement between OHEC and Murphy's Landing for the Outdoor Heritage Education Center as proposed by Mr. LaBarbera. If it is,Murphy's Landing will need to negotiate a final lease arrangement. The City Attorney is reviewing the City's lease with Murphy's Landing, and will advise the Council at its October 5th meeting of any legal issue. Action Required Direct staff regarding the City Council's interest in this. ohecmo l.doc SEP-24-99 04 :36 AM MURPHYS. LANDING 6124450181 P. 02 • H I , S. T .0 R IC fee MURPHY'S LANDING c,04/517-A- • Living History Village of the 1800s August 31, 1999 Mr. Mark LaBarbera • 1371 Maxine'Circle Shakopee, Minnesota 55379 Dear Mr. LaBarbera: On behalf of the Board of Directors of Historic Murphy's Landing, I would like to bring you up to date on the status of your request to lease 2.5 acres of land at the east end of the Murphy's Landing site in Shakopee for the purpose of building a facility to house an Outdoor Heritage Education Center(OHEC) as per your proposal of August 7, 1999. Three members of the board and I met with you on the morning of August 26, 1999 to discuss your proposal. We agreed that OHEC and its proposed activities would be a positive addition to the area and congruent with the educational mission of Historic Murphy's Landing. As you and I later discussed by phone, one of the primary concerns is funding for the continuing operation of the facility after its construction. Despite those and other concern's,the committee determined, on a split vote,to forward your • proposal to the full board. The recommendation orthe committee to approve your proposal will be contingent upon a number of conditions to be included in the agreement as follows: 1. Within one year of the agreement date, $1,000,000 in cash or documented commitments will have been secured by OHEC. 2. All funding and documentedcommitments of in-kind services necessary for the completion of the building will be secured before construction begins. 3. Furthermore, funding to underwrite the operation of the building for its first three years of operation will also be committed before construction begins. 4. Within three years of the signing of the agreement,the building will be complete and ready for occupancy. 5. At any time during the lease period, Murphy's Landing may request a financial audit from OHEC. 6. Each of our two organizations(Murphy's Landing and OHEC) will assign one board member to hold a seat on the other's Board of Directors. 7. Lease of the laand for construction of the building will not automatically allow accesto other• land areas at Murphy's Landing. Use of those areas for educational or other purposes will be covered under a separate agreement. . ' 8. OHEC may not use the name of Murphy's Landing,except by written agreement. 9. Murphy's Landing must approve the design, location and material of the building. � 445-0181 ._. • .^, �, _,.,.___ ,,ANI tt114 *Phone: (612)445-6901 Fax: (612) SEP-24-99 04 :37 AM MURPHYS. LANDING 6124450181 P. 03 . . • . . . . . . .. . Mr. Mark LaBarbera August 31, 1999 Page Two 10.Murphy's Landing must approve the design and location of any exterior signage. 11.Installation of utilities and all other site preparation costs must be borne by OHEC. 12. If the mission•of OHEC changes either in stated policy or in fact, or if for any reason, the organization ceases to function, the agreement will become void, and any improvements to the site will become the property of Murphy's Landing. 13.The activities of all occupants of the building must substantially coincide with the building's stated purpose of being an Outdoor Heritage Education Center. 14.Term of the lease will be no longer than fifty years, with an option to renew for an additional period of time to be determined. 15.Failure to comply with any point of the agreement will void the entire agreement and any improvements to the site will become the property of Murphy's Landing. This letter is intended to bring you up to date on the discussions taking place at the Board level at Historic Murphy's Landing, and is not intended to constitute an agreement of anykind. Please do not hesitate to contact me should you have any questions. Sincerely, • // Ism Dennis F. Kelly • Executive Director • • cc Murphy's Landing Board of Directors Mark McNeill, Administrator, City of Shakopee • • • • • • • r 1 This document is numbered in the margin to facilitate reference to items for discussion. 2 3 4 OUTDOOR HERITAGE 5 EDUCATION CENTER 6 7 8 BUSINESS PLAN 9 • 10 September 26,1999 O O (_ 11 5-IDU . } • 12 13 Prepared by Mark LaBarbera 14 15 Reviewed&Approved by: 16 Mary Svien,former Business Systems Analyst,Norwest Bank 17 Cliff Thom, Chief Financial Officer,KaPak;former CFO,North Am. Outdoor Group 18 Patricia Theis-Johnson, Director of Accounting/Controller, CB Richard Ellis 19 James W Greenland,retired,Minnegasco 20 Rodney Johnson, Commercial Real Estate M CB 21 , 22 23 This memorandum does not constitute an offer to sell, or a solicitation of an offer to purchase, securities. 24_ This business plan has been submitted on a confidential basis solely for the benefit of selected, highly 25 qualified investors and is not for use by any other persons. Neither may it be reproduce4 stored, or 26 copied in any form. By accepting delivery of this plan, the recipient acknowledges and agrees that: i) in 27 the event the recipient does not wish to pursue this matter, the recipient will return this copy to Outdoor 28 Heritage Education Center, do Mark LaBarbera, 1371 Maxine Circle, Shakopee, ARV 55379(Phone 29 612-445-2907, E-mail MarkLaB@msn.com) as soon as practical; ii)the recipient will not copy,fax, 30 • reproduce, or distribute this Confidential Business Plan, in whole or in part, without permission; iii) all 31 of the information contained herein will be treated as confidential material. Agreement executed by the 32 recipient prior to, or contemporaneously with, its receipt of this Confidential Business Plan. 33 34 Business Plan Copy No. -Provided To 35 BP Release Authorized by (initials) Company • 36 OHEC Revised Business Plan doe. Last Rev.9-26-99 Date OHEC Business Plan/1 37 Table of Contents 38 39 Executive Summary Page 3 40 41 Mission Statement Page 7 42 43 The Company Page 8 44 45 The Business Page 9 46 47 The Market Page 11 48 49 Competition Page 13 50 51 Risk/Opportunity.. Page 14 52 53 Management Team Page 15 54 55 Capital Requirements 56 & Financial Plan Page 17 57 58 Financial Exhibits 59 Construction Cost Assumptions Page 18 60 Capital Fund Raising Budget Page 19 61 Capital Campaign Prospective Funding Sources Page 20 62 Proposed 3-Yr. Operating Budget(after it's built) Page 21 63 64 Architectural 65 Front Elevation View .Page 22 66 Main Level Page 23 67 Upper Level Page 24 68 Lower Level .Page 25 69 Flood Hazard Determination Form Page 26 70 71 Sample E-mails & Letters of Support 72 Christian Chaffin,NSSF Page 27 73 Roger Holmes, MDNR Page 28 74 Jerry Rouleau, log homes Page 29 75 Doug Grann, Wildlife Forever(2) Page 30 76 Jerry Conrad, Minn. Outdoor Heritage Alliance Page 32 77 Jim Greenlund,United Building Centers Page 33 78 Rep. Mark Buesgens Page 34 • 79 John Gutteter, Scott County Historical Society Page 35 OHEC Business Plan/2 80 Sample Letters of Support(continued) 81 Matt LaCosse, artist Page 36 82 Bill Stevens,Federal Cartridge Co Pae 37 83 Jean Bergerson, Minn. Deer Hunters Assoc g 84 .Page 38 85 LCMR 86 Approval Document(5/18/99) Page 39 87 Revised Work Program(5/25/99) . Page 41 88 Work Program(10/20/98) .Page 48 89 Original Facility&Ops Plan work Program(7/1/97) Page 64 90 91 Main Exhibit Design Prospectus Page 87 92 93 Main Exhibit Fund-Raising Breakout Page 101 94 95 Research Exhibit: Market Assessment Page 110 96 97 Secy. of State OHEC Certificate of Inc Page 144 98 99 OHEC Articles of Incorporation ..Page 145 100 101 Logo Design Narrative Page 148 102 103 Census Bureau News: Scott County Leads Growth Page 149 104 105 Article: Clean Water Matters Page 150 106 107 Murphy's Master Plan Excerpts Page 151 108 109 Competition Exhibit: MN Enviro Learning Ctrs (see last divider) OHEC Business Plan/3 110 Executive Summary 111 112 The Outdoor Heritage Education Center's(OHEC)mission is to educate the public, especially 113 young people, and encourage a better understanding, appreciation and sense of stewardship for 114 the environment,natural resources,professional resource management and related activities, as 115 well as their history and heritage. 116 117 OHEC is a Minnesota Chapter 317A corporation(Charter Number 1T-401) founded on May 11, 118 1999. Charitable non-profit status under Section 501(c)(3)is being requested from the"U.S. 119 Internal Revenue Service. 120 121 OHEC has a competitive advantage as it combines the best aspects of history and natural 122 science museums, environmental education centers, civic groups and conservation 123 organizations. 124 125 More than one of every four Americans participates in wildlife-associated activities, including 126 fishing,hunting,trapping and wildlife feeding and viewing. The ratio is higher in Minnesota. 127 As each generation of children becomes further removed from the land, its understanding of 128 America's outdoor heritage continues to decline. Historically, our ancestors survived by 129 knowing intimately their role iii the environment. Then and now,outdoor education and 130 knowledge resulted in better stewardship of natural resources. 131 132 An added social and cultural benefit for the community is that early involvement by young 133 people in outdoor activities such as fishing provides healthy alternatives to illegal drug use, 134 vandalism, theft and other destructive behavior. 135 136 Minnesota Dept. of Natural Resources 137 wrote in support ��)Fish and Wildlife Director Roger Holmes of this project: "As urban residents become more distant from the land and 138 day-to-day interaction with nature,their understanding of human-kind's needs to manage land 139 and water on a sustainable basis is lessened, and educational facilities and programs will 140 become even more critical to land, soil, water and wildlife conservation." 141 142 People, especially children, show an inherent curiosity and interest in nature and all things wild. 143 OHEC will use that interest to engage adults and school-age children in educational programs 144 linked to museum exhibits and to natural resource assets in the vicinity. Many of the exhibits 145 will be interactive,hands-on opportunities. Adults, children,teachers and groups, will pay 146 admission and buy printed educational curricula and materials that will help finance OHEC. 147 Teachers will use the materials in their classrooms before and after the field trips to the OHEC 148 museum. 149 150 The capital required to build the 30,000-square-foot facility and main exhibits is estimated to be 151 $2.9 million,based on the architectural plans and construction assumptions attached. Nearly 152 one-third of the total, or$800,000, has been pledged. OHEC Business Plan/4 153 Executive Summary(continued) 154 155 Also, the financial spreadsheets attached are divided into a first year capital campaign budget 156 and a three-year operating budget. Potential major funding sources are listed separately. It 157 should be noted that during the architectural planning phase, special attention was given to 158 minimizing the building's footprint in order to preserve the maximum amount of parking for the 159 Murphy's Landing site. The building was also designed with the understanding that additional 160 buildings,such as Murphy's interpretive center may be constructed in future phases that could 161 connect to OHEC. 162 163 OHEC is designed to generate on-going rental revenue from about 7,000 square feet of office 164 space on the top floor for rent to conservation groups,MDNR field staff, and other outdoor 165 interests. Another 2,000 to 3,000 square feet of office space on that floor is available;however, 166 no revenue is in the budget for this additional space. The site,the museum connection and the 167 unique common areas will help attract tenants at reasonable rates. OHEC already has received 168 expressions of interest in the office space from compatible tenant prospects. 169 170 OHEC will also raise construction money from exhibit sponsors, gift shop and various fund- 171 raising efforts with conservation groups, state and federal agencies, individual donors, corporate 172 donors and private foundations that care about children, families and the environment. 173 174 Donated in-kind services are likely to reduce construction costs. In fact, donors have already 175 pledged$10,000 in painting services and to install the drywall. Also,the log home industry has 176 expressed interest in donating to the project. 177 178 The Legislative Commission on Minnesota Resources(LCMR)has committed up to $400,000 179 of matching funds to build the main exhibit, and the Minnesota Deer Hunters Assoc.(MDHA) is 180 spearheading a statewide effort to raise$400,000 for the match. Safari Club pledged fund 181 raising support and $50,000. The main exhibit design has been completed and modeled. 182 183 MDHA and LCMR funded feasibility and marketing study,which concluded the project, would 184 be financially viable in the Grand Rapids area. A Twin Cities location increases the likelihood 185 of success. 186 187 The pro-hunting theme and the museum approach are the two unique aspects of OHEC that are 188 helping to attract additional sources of funding and in-kind support. While there are other 189 environmental education centers and programs, OHEC is uniquely positioned. A key factor 190 contributing to its success is the powerful visceral and emotional affinity felt by the sporting 191 community, especially hunters. Sportsmen respond positively when they sense that an entity is 192 trying to help them and their favorite cause. Although difficult to explain or quantify, it 193 provides an inherent advantage when rallying financial and in-kind support for this type of 194 project versus other centers and historic sites that do not appeal to the hunting heritage and key 195 motivational points of outdoors people. OHEC Business Plan/5 196 Executive Summary (continued) 197 198 The preferred OHEC site at Murphy's Landing in Shakopee adds to the likely financial success 199 and overall viability of the project and minimizes risks because: 200 201 > First,the City owns the land and has indicated the possibility of a$1 per 202 year lease for the 2-or 3-acre parcel,which is similar to the rate 203 Murphy's Landing pays annually for more than 80 acres at the same 204 , location; 205 206 > Second,Murphy's Landing's mission calls for environmental education, 207 which OHEC could fulfill; 208 209 > Third,Murphy's Landing and other attractions like Valleyfair 210 Amusement Park, Canterbury Downs racetrack and concert venue, 211 Mystic Lake,Raceway Park NASCAR track,the Minnesota River and 212 MN Valley National Wildlife Refuge,plus the Minnesota Renaissance 213 Festival,have made the Shakopee area a popular tourist destination; 214 215 > Fourth, a newly funded state recreational trail connects the site to the 216 downtown Shakopee businesses and to state and federal wild lands, 217 adding to outdoor education program potential; 218 219 ➢ Fifth, more than 2.5 million potential visitors live within a one-hour drive 220 of the site;and 221 222 > Sixth, proximity to the MN River,which is a tributary of the Mississippi 223 River,provides grant opportunities as trends continue to focus on riparian 224 health, fishable waters and aquatic resources overall. America's leaders, 225 the public,the press and private foundations are talking about clean water 226 and related initiatives more than ever. 227 228 A valuable asset in'creation and development of OHEC is the leadership team: 229 230 > Mark LaBarbera, former Sr. Vice President of North American Outdoor 231 Group and a Founding Director of Wildlife Forever, is extremely well 232 connected locally, regionally and national with the people, businesses, 233 organizations and agencies that will contribute to OHEC's success. He 234 is Past President of the Outdoor Writers Assoc. of America and a current 235 director of the national Wildlife Conservation Fund of America and 236 Recreational Boating and Fishing Foundation working closely with the 237 US Fish and Wildlife Service and others. 238 OHEC Business Plan/6 239 Executive Summa ry(continued) 241 > Jean Bergerson of Grand Rapids leads the MDHA Whitetail Deer 242 Resource Center Committee that twice secured LCMR funding;plus, she 243 is an MDNR employee, educator and state coordinator of the national 244 Becoming an Outdoors-Woman program. 245 246 > Curt Hadland brings a wealth of exhibit planning and development 247 experience to the project. He has created and managed similar efforts 248 when he worked for the Bell Museum and the Science Museum of 249 Minnesota.He now owns Images of Nature Studio. 250 251 ➢ Rodney Johnson, Commercial Real Estate Manager of CB Richard Ellis 252 Commercial Real Estate Group Inc. 253 P, ,provides property, business and construction management experience. Rod is a disabled American who 254 continues to enjoy outdoor activities, especially aquatic recreation. 255 256 > James W. Greenlund,retired from Minnegasco and brings about 40 years 257 of utilities experience, with emphasis on successful environmental 258 efforts, such as alternative fuels and other programs related to the Clean 259 Air Act. Jim maintains his licenses as both a Master of Refrigeration and 260 Master of Natural Gas. He also taught building code compliance at 261 Dunwoody Institute. 262 263 ➢ Patty Theis-Johnson,Director of Accounting/Controller at CB Richard 264 Ellis, provides financial management experience. 265 266 > Cliff Thom,Chief Financial Officer for KaPak, 267 North American Outdoor Group, adds to the business ande financialr CFO s 268 expertise of the team. 269 270 > Attorney Bruce Rubbelke, of Jambor.and Rubbelke,provides expert legal 271 advice and also brings to the table years of conservation fund-raising 272 experience, including Ducks Unlimited volunteer work. 273 274 > Attorney Gerald Helget, of Mackall, Crounse and Moore, an avid 275 sportsman, specializes in legal matters related to the outdoor industry, 276 and he has a track record of helping conservation causes. 277 278 Other specialists have volunteered to participate in the business. 279 280 To accomplish our mission, OHEC needs the donation of an appropriate site and capital to build the 281 museum with offices,plus fund-raising resources and management talent. OHEC Business Plan/7 • 282 Mission Statement 283 284 Our goal is to serve the community,the region and the country by becoming a financially 285 independent facility for historic,cultural and educational efforts with a reputation for quality 286 exhibits, materials and programs that encourage a better understanding, appreciation and sense of 287 stewardship for the environment,natural resources,professional resource management and related 288 activities, as well as their history and heritage. 289 290 We aspire to maximize the visibility,reach and effectiveness of our multi-media efforts as we 291 connect historic and modem perspectives on outdoor heritage themes, including,but not limited to: 292 293 >Terrestrial and Aquatic Habitats; 294 >Fish and Wildlife Population Dynamics; 295 >CamPing; 296 >Hunting, Shooting and Trapping; 297 >Fishing and Boating; 298 >Bird Watching and Wildlife Observation; 299 >Trekking,Biking and Orienteering; and 300 >Outdoor Photography 301 302 We will strive to become a nationally recognized destination and source used by all media covering 303 outdoor heritage subjects. OHEC Business Plan/8 304 The Company 305 306 The Outdoor Heritage Education Center,Inc. was founded May 11, 1999 as a corporation(Charter 307 Number 1 T-401) based in Minnesota. It is a charitable non-profit organization(with IRS approval 308 of 501(c)3 status pending) established for the purpose of designing,building and running a fish and 309 wildlife museum that serves as the base for educational outreach efforts in support of the OHEC 310 mission. 311 312 OHEC has no paid employees and has relied on hundreds of volunteer hours. Committed 313 volunteers continue to give OHEC strQng management,financial, media relations and publishing 314 experience,plus a network of valuable contacts,and an awareness of where it needs to recruit 315 volunteer professional help in other areas of expertise. 316 317 OHEC's principal offices currently are at 1371 Maxine Circle, Shakopee, MN 55379. Phone 612- 318 445-2907 or 245-5633. Fax 403-6868. • OHEC Business Plan/9 319 The Business 320 321 OHEC is in the start-up stage of business, having been incorporated recently after the concept was 322 originally publicized and met with strong support. 323 324 Its main product is the museum. Customers will pay admission to experience its exhibits, includin 325 interactive, hands-on displays. Plans include a deer exhibit destined for national acclaim. g 326 327 Ancillary revenues will come from retail gift shop sales on-site, facility rentals, office space leasing, 328 sales of education materials and sale of apparel with the OHEC logo. The logo was unveiled July 329 22, 1999 and garnered praise,providing a positive indication of its acceptance, but also suggesting 330 it will contribute to a successful OHEC apparel sales program. 331 332 Initial design plans include approximately 10,000 square feet of exhibit space, 1,300 square feet for 333 a retail gift shop, 6,000 square feet of classroom and meeting space, and 7,000 to 9,000 square feet 334 of office space for rent to conservation groups and similarly compatible tenants. Some of the 335 prospective tenants, like the Minnesota Outdoor Heritage Alliance,DNR field office and others 336 have already expressed interest in the office space. Others, like Wildlife Forever and the Teddy 337 Roosevelt Conservation Alliance,have asked to be kept informed as the building materializes and 338 lease details become available. Audubon,Izaak Walton recently have been brought into the loop. 339 340 Donors who believe in the educational outreach effort to youth will contribute funds to OHEC. 341 342 Sponsors who want their company names associated with this cause--or who simply want to reach 343 the visitors to attract or retain them as customers—will also provide funding for OHEC. For 344 example, Blount, through its Federal Cartridge and Simmons Optics companies, expressed interest 345 in sponsoring the wildlife viewing area and classrooms to be used for teaching hunter safety and 346 outdoor ethics. 347 348 Other products will include printed materials, such as teachers' lesson p ans and student 349 worksheets. In future years,books,brochures and posters will be sold and/or they will be funded 350 with sponsorship money. Proprietary or existing curricula and computer CDs may be customized, 351 enhanced and private labeled for sale to schools, groups and others to accomplish OHEC's mission 352 and generate funds. 353 354 OHEC will also offer services and programs,such as Family Fishing Fairs,Disabled Outdoors 355 Days, Senior Bird Watching Outings and Tread Lightly or Becoming an Outdoors-Woman events. 356 Cultural programs are likely to include photography exhibits from OHEC contests and the Outdoor 357 Writers Association of America, screenings of the North American Outdoor Film Academy, WF 358 State Fish Art Contest displays, plus book signings and seminars. 359 360 OHEC has struck a responsive chord nationally among prospective donors, sponsors and visitors. 361 Pledges of support began rolling in before OHEC was incorporated. To date,pro bono professional OHEC Business Plan/10 • 362 The Business (continued) 363 364 legal, financial, architectural and strategic planning work has provided an indication of the in-kind 365 services available and those likely to be contributed. 366 367 Additional strategic alliances have formed or started to take shape between OHEC and supporters 368 like the Teddy Roosevelt Conservation Alliance,Handicapped Americans Working for 369 Conservation, Minnesota Deer Hunters Association,Minnesota Waterfowlers Association, 370 Pheasants Forever,Minnesota Dept. of Natural Resources, and the Minnesota Outdoor Heritage 371 Alliance, which is made up of leading local and national outdoor interests. OHEC's leaders have 372 direct lines of communication with wealthy sportsmen and outdoor groups that are likely donors. 373 Recent conversations with such prospective donors as the Foundation for North American Wild 374 Sheep and Safari Club International have yielded positive indicators.In fact, SCI at its September 375 15, 1999 meeting, pledged a$50,000 donation to OHEC. 376 377 Many sportsmen also own construction companies or other businesses that could provide in-kind 378 services. For example, one of the state's most avid sportsmen is Guido Rahr of Rahr Malting. 379 Another is Dean Walden,retired owner of Walden Bros.Lumber, who has already said he probably 380 would be interested in donating thousands of dollars worth of taxidermy, such as his full-body 381 Brown Bear and bobcat mounts. His business could supply materials for construction of the 382 national fish and wildlife museum. 383 384 OHEC has strong relationships with heads of major outdoor companies and trade associations, such 385 as Browning, Cabela's, Gander Mountain,Johnson Fishing,Normark/Rapala, Lindy Little Joe, 386 Minnkota,Tracker Marine, Federal Cartridge, Winchester,Remington,Bob Allen, Boyt,National 387 Shooting Sports Foundation, Archery Manufacturers Organization,International Hunters Education 388 Association,American Sportfishing Association,National Marine Manufacturers Association and 389 Becoming an Outdoors-Woman program. 390 391 If the preferred Shakopee site becomes home for OHEC, it also opens the door for a strategic 392 alliance with historic Murphy's Landing,which has a stated need for environmental education to 393 fulfill part of its mission. OHEC Business Plan/11 394 The Market 395 396 You don't have to be an active outdoor participant to be a customer of the Outdoor Heritage 397 Education Center. Wildlife and all things natural appeal to the American psyche. People like to be 398 able to see big fish, and learn to identify various species of fish, waterfowl and other birds. Life- 399 size mounts, including charismatic mega-fauna such as bears,have special appeal, along with 400 mountain lions, bobcats and other sharp-clawed, long-toothed critters. 401 402 Therefore, everyone is a potential customer for OHEC,even more so than the popular and 403 successful Valleyfair Amusement Park,which draws youngsters and families,but doesn't have as 404 much appeal as OHEC for senior citizens. 405 406 OHEC will work with the Convention&Visitors Bureau and Chamber of Commerce,along with 407 other tourist attractions, to bring customers to OHEC and to the local businesses for gas, food, 408 lodging, etc. 409 410 OHEC's market will be strong year-round, which will help the economy and local businesses 12 411 months of the year. OHEC offers an advantage in that it goes beyond the normal summer tourist 412 season clientele. It will help increase business into the"shoulder"seasons before and after the 413 summer months. Indeed, its school programs and senior citizen tours will bring a steady stream of 414 customers to OHEC's indoor facilities even during tourism's slow months. 415 416 Encouragement has come from local and national educators,ranging from teachers at SACS to the 417 Associate Dean in the College of Natural Resources at the University of Wisconsin-Stevens Point. 418 The attached letter exhibit from Christian Chaffin, co-chair of the Education Committee of the 419 International Association of Fish and Wildlife Agencies, is representative of the positive support 420 OHEC is already receiving from highly respected professional educators. 421 422 Research by Quest Business Development Group quantifies the market and supports the viability of 423 the project beyond the classroom, looking at OHEC simply as a tourist destination. A summary, 424 detailed findings and samples of the scientific research are included as exhibits in the back of this 425 OHEC Business Plan. 426 427 . The statistically reliable "Market Assessment of the Minnesota Whitetail Deer Resource Center" 428 was funded in part by the Legislative Commission on Minnesota Resources(LCMR). The center 429 was the conceptual predecessor to OHEC. OHEC will provide the same exhibits,plus more. The 430 center was planned for Grand Rapids, Minnesota. 431 432 There is unanimous agreement that the findings are cautiously conservative, especially if compared 433 to a vastly more populated Twin Cities metropolitan area site, which is also closer to larger cities in 434 neighboring states. 435 436 OHEC Business Plan/12 437 The Market (continued) 438 439 The Shakopee Convention&Visitors Bureau and Chamber of Commerce provided a more 440 immediate insight into the market and customer potential in its recent brochure that stated that the 441 area attracts annually more than seven million visitors. 442 443 The current admission levels of Historic Murphy's Landing also provide a safety net of reassurance. 444 Similar attendance figures were used in the financial projections for OHEC. 445 446 Research and reality reinforce intuition that the market and available customer base will support 447 this facility and its on-going operations in the southwest metro area of Minneapolis-St. Paul. • OHEC Business Plan/13 • 448 Competition 449 450 OHEC will have a competitive advantage because it will combine the best aspects of natural history 451 and science museums,plus environmental education centers and civic and conservation groups. Its 452 competitive advantage would be even stronger if it was a neighbor to a living history site like 453 Murphy's Landing. 454 455 The Maurice Stans museum in Shakopee may be seen by some as the closest competitor for OHEC. 456 The Bell Museum and Science Museum of Minnesota in St.Paul are larger competitors in the metro 457 area. The Cabela's store in Owatonna, which is about one hour from OHEC,has a similar appeal to 458 the outdoor sports community because of its extensive taxidermy displays,plus it has the added 459 attraction of a large retail operation. A fishing museum in Little Falls received $75,000 from the 460 State of Minnesota during the 1999 legislative session. 461 462 Regionally,there is a fish and wildlife museum of sorts in Osseo, Wisconsin and a fishing museum 463 and National Freshwater Fishing Hall of Fame in Hayward,Wisconsin. 464 465 Nationally, facilities in Wyoming such as the Buffalo Bill Historical Center,the Bighorn Sheep 466 Center,and the Pronghorn Antelope facility, might compete with OHEC among certain donors,but 467 riot for admissions. The same is true for the IGFA facility in Ft. Lauderdale, Florida, other Cabela's 468 stores across the country, and a planned national fish and wildlife museum by Bass Pro Shops in 469 Springfield, Missouri. 470 471 Locally, despite the lack of competition among museums, there may be some confusion with 472 environmental learning centers. OHEC is a hybrid that goes beyond a museum and includes 473 educational outreach programs to enhance its competitive position in the market. In the event that 474 people want to understand the market for environmental learning centers,the attached analysis of 475 metro and out-state centers provides a comprehensive view of those programs and facilities. OHEC Business Plan/14 476 Risks/Opportunity 478 The Outdoor Heritage Education Center's o he 479 tourism and economic benefits previously identiii dtIOHEC hasthe potential to positively es outweih its risks. In addition totinform 480 young and old Americans and encourage a deeper understanding and appreciation for history, 481 especially the outdoor heritage. It also has the opportunity to instill pride and a sense of 482 stewardship for the environment,natural resources,professional resource management and related 483 activities like fishing, boating, camping and others. It provides the opportunity to promote 484 wholesome family activities for the community, including social and cultural events. It provides a 485 facility for the Boy Scouts who lost their barn meeting place. 486 487 If the Murphy's Landing site is approved, OHEC provides additional opportunities, such 488 as helping to fulfill Murphy's environmental mission. It also provides upgraded office 489 space opportunities on-site for Murphy's employees. It would help attract visitors and 490 increase attendance at Murphy's,plus generate positive publicity for the area. It provides •491 a compatible business to increase the value of the city's land along the river. It would 492 also bring new sources of funding and potential donors. Finally, it would provide 493 enhancements to the site and underwrite some of Murphy's existing expenses, such as 494 paving and striping the parking area and improving signage or curb appeal along 495 Highway 101. 496 497 The biggest risk to the OHEC initiative is failure to-secure the Murphy's Landing site and 498 favorable $1/year lease from the City of Shakopee. 499 500 Other risks include that OHEC conceivably could fail to raise the necessary funds to 501 build and operate the facility. If it fails to build the museum, everything returns to status 502 quo. If it raises the money to build, but fails to raise enough money to run the facility 503 each year, the risk is that the building becomes the property of the City of Shakopee. 504 505 Additional risks include that an unknown competitor emerges and overshadows OHEC locally, or 506 that delays in the approval process cause the loss of key individuals driving the project. 507 508 One final indication of the opportunity for OHEC is the public's well-publicized interest in nature- 509 related activities, such as the increase in visitor days at national parks. 510 511 512 513 OHEC Business Plan/15 514 515 Management Team 516 OHEC would be managed according to its Articles of Incorporation and Bylaws, and in a lawful, 517 ethical manner by a CEO/President or Curator,a volunteer Executive Board and larger volunteer 518 Board of Advisors. 519 520 There is no stock ownership in OHEC. As a charitable,non-profit it would benefit from volunteers, 521 in addition to a paid staff of professionals. 522 523 The paid positions would be identified and hire dates projected based on current needs and financial 524 support. However, likely positions for the future that may be phased in include an Office Manager, 525 Financial/Bookkeeping person,Fund-Raising/Development Director and an 526 Education./Communications Director and appropriate support staff. A hands-on President would be 527 needed to be actively involved. 528 529 The initial work on OHEC provides a clear indication that the professional services, including legal 530 and accounting work,may be provided pro bono. 531 532 OHEC's Executive Board so far is being formed as followed: 533 534 Chairman/President--Mark LaBarbera, former Sr.Vice President of North 535 American Outdoor Group arida Founding Director of Wildlife Forever, is 536 extremely well connected locally, regionally and national with the people, 537 businesses, organizations and agencies that will contribute to OHEC's 538 success. He is Past President of the Outdoor Writers Assoc. of America and 539 a current director of the national Wildlife Conservation Fund of America and 540 Recreational Boating and Fishing Foundation working closely with the US 541 Fish and Wildlife Service and others. 542 543 Secretary--Bruce Rubbelke, Attorney-at-Law of Jambor and Rubbelke, 544 provides expert legal advice and also brings to the table years of conservation 545 fund-raising experience, including volunteer work managing events for 546 groups such as Ducks Unlimited. 547 548 Treasurer--Cliff Thom, Chief Financial Officer for KaPak, and former CFO 549 for North American Outdoor Group, adds to the business and financial 550 expertise of the team. 551 552 Director--Rodney Johnson, Commercial Real Estate Manager of CB Richard 553 Ellis, a commercial real estate company. He providesroe business and 554 construction management experience. Rod is a disabled American who 555 continues to enjoy outdoor activities, especially aquatic recreation. . 556 OHEC Business Plan/16 557 558 Management Team (continued) 559 Director--James W. Greenlund, retired from Minnegasco and brings about 560 40 years of utilities experience, with emphasis on successful environmental 561 efforts, such as alternative fuels and other programs related to the Clean Air 562 Act. Jim maintains his licenses as both a Master of Refrigeration and Master 563 of Natural Gas. He also taught building code compliance at Dunwoody 564 Institute. 565 566 Director--Patty Theis-Johnson,Director of Accounting/Controller, of CB 567 Richard Ellis, a commercial real estate company. She provides financial 568 management experience. As a life-long Scott County resident, she also 569 contributes an extensive and diverse network of contacts. 570 571 Other specialists have volunteered to participate in the business. • OHEC Business Plan/17 572 573 Capital Requirements 574 & Financial Plan 575 Start-up capital to begin fund-raising and to build the facility and exhibits is approximately $2.9 576 million if there were no-in-kind services or material donations. 577 578 Construction costs and related assumptions are attached, along with a one-year budget for fund- 579 raising and building. 580 581 Also attached is a list of prospective donors from the category of sporting and civic groups and the 582 amount that may come from each source. 583 584 An additional spreadsheet provides the proposed Operating Budgets for the first three years after 585 construction is completed. 586 587 Note that the budget includes a line for"Grants or Other Projects"which gives OHEC a safety net 588 of expenses that could be saved simply by not giving the grants in times when the money is needed 589 to meet the budget. Likewise, grants may be expanded if OHEC is out-performing its budget. OHEC Business Plan/18 Financials Construction Cost Assumptions mptions Outdoor Heritage Education Center OHEC is designed tentatively to include approximately 10,000 square feet on each of three levels. ITEM COST ASSUMPTIONS NOTES #sq.ft. $/sq.ft. Basic BIdg.Construction 1,200,000 20,000 60 Top 2 levels require more than lowest level Basic Bldg.Construction 300,000 10,000 30 Finish out Basement mechanicals/storage reduce costs 390,000 30,000 13 All, incl..Carpet,lights,ceiling,walls,floors,etc.. Mechanicals 39,900 30,000 1.33 Standard i Special: Restrooms 36,000 s$2,000 per 1,500 sq.ft. Special: Elevator Six at$6,000 each 40,000 Parking Lot 10,000 $10K actual, remainder to be donated Landscaping 0 Minimal needed and likely to be donated BLDG.TOTAL Z015,900 Main exhibit 800,000 Secondary exhibit 50,000 Other exhibits 5,000 EXHIBIT TOTAL 855,000 COMBINED TOTAL 2,870,900 8-7-99 ohecbidgconstr cost assumptions • Capital Fund Raising Budget including building and exhibits for the Outdoor Heritage Education Center REVENUE FY9/99-9/00 Donations-sporting&civic groups 475,000 not including MN Deer Hunters Assoc. Donations-MDHA&LCMR 800,000 Includes Deer Hunters and State pledge Donations-individual 250,000 includes mailings Donations-corporate 500,000 Co. may buy sponsorship alone Donations-foundation 250,000 Bricks&Mortar grantors Donations-in-kind 600,000 Construction labor/materials, plus taxidermy PulItabs(net of fees) 60,000 Sponsorship sales 100,000 Events 25,000 City funding 0 Shakopee, Savage, Prior Lake County funding 0 Historical Society&Scott County State funding 0 DNR, MHS, Federal funding 0 USFWS, LWCF, EPA TOTAL REVENUE: $3,060,000 EXPENSES: Advertising 0 donated for interim Dues&Subscriptions 1,000 museum assoc.,NSSF, OWAA Events 5,000 Fees&Licenses 1,000 Insurance-Liability,Property 0 Maintenance&Repairs 50 Meals& Entertainment 2,000 Office Equip.&Supplies 250 Outside Services 1,000 Printing+Design&Prep 5,000 Low because most is donated Postage 5,000 Fund-raising&other mailings Seminars&Conferences 1,000 Shipping&Handling 1,000 Taxes-Property 0 non-profit status Telephone 1,200 Travel&Accommodations 1,000 Utilities 0 donated for interim Employee-VVages&Benefits 75,000-ineludes-taxes&25%for benefits EXPENSE TOTAL: $ 99,500 TOTAL FOR CONSTRUCTION: $2,960,500 CONSTR.FUNDS wio in-kind $2,360,500 excludes$value of donated services above • Excel wksht file:OHECFundRaBudget8-7-99 ‘oit CAPITAL CAMPAIGN for BUILDING OHEC Prospective Funding Sources 8/7/99 ohecbldg$prospects TARGET GROUP AMOUNT Alumacraft 5,000 AMO 50,000 ASA 0 Audubon 1,000 B&C 25,000 Babe W.Prods 1,000 BASS 1,000 Birchwood-Casey 1.000 BOW 0 Campfire Cons.Fund 1,000 Dallas Safari Club 1,000 Delta Waterfowl 5,000 • Ducks Unlimited 0 ellen 1,000 Elks 1,000 Federal 25,000 FishAmerica 5,000 FNAWS 50,000 Freshwater Foundation 1,000 Friends of MN Valley 1,000 FWLA 0 Genmar(Lund,etc.) 10,000 IAFWA 0 IHEA In-Fisherman 1,000 IWLA 1,000, Jaycees 20,000 Kids for Saving Earth 1,000 Knights of Columbus 10,000 Lions 10,000 Magnum Research 1,000 MDHA 400,000 MN Conservation Fed. 1,000 MOHA 0 Muskies,Inc. 1,000 MWA 5,000 NAOG 0 NBEF 0 Normark 5,000 NRA 5,000 NSSF 20,000 NTA 10,000 NWF 1,000, NWTF 10,000 P&If 25,000, Pew 50,000 PF 5,000 Pronghom Society 1,000 plus in-kind QU 0 RBFF Reattree 10,000 ROS 1,000 RMEF 10,000 Rotary 10,000 SCI 50,000 Shiley Safari - 10;000- - - TU 0 Tympanuchus Cupido 0 Water Gremlin 1,000 WF 0 Wildlife Research 10,000 WMI 0 VVTU 5,000 TOTAL: $375,000 MDHA $475,000 o c iv; A I B I c - IDI El F 1 Proposed Operating Budget (Yrs.1-3 after it's built) 2 Outdoor Heritage Education Center 3 4 5 REVENUE Year#1 Yr.1 Notes: Year#2 Year#3 Notes: 6 Donafions-sporting groups 20,000 Does not include bldg fund 20,000 20,000 Does not include bldg fund 7 Donations-individual 15,000 20,000 25,000 8 Donations-corporate 50,000 50,000 50,000 Co.may only buy sponsorship 9 Donations-foundation 30,000 40,000 70,000 10 Sponsorship fees 10,000 10,000 10,000 One-tenth of 10-yr exhibit deals 11 City funding 0 0 0 12 County funding 0 0 0 13,State funding 0 0 0 14 Federal funding ' 0 0 0 15 16 Admissions-Adult '50,000 50,000 50,000 10,000 adults@$5ea. 17 Admissions-Youth/Sr. 50,000 50,000 50,000 25,000 youth/sr.dtizens@$2ea. 18 19 Office space rent 0 Free rent relocation incentive 42,000 42,000 7.000sql.@)$6gross(narriainder free) 20 Mtg.roorn&museum rent 0 Free rent for most groups 3,000 5,000 Rates,useages&spaces vary 21 Travelling echibit rent/spons. 0 0 0 Remember to pursue this item 22 23 Events 15,000 Banquets,golf,sporting clays 25,000 35,000 Expand others.Add seminar events 24 25 Fund-raising mailings 0 Test sportsmen list,others 10,000 20,000 .., 26 Fund-raising programs 5,000 Retail round-ups,Bank promos 5,000 5,000 27 28 Retail(net)Gift Shop 1,300$1 net per sq it 1,300 1,300 29 Other vending 3,500 Ave.$0.10 per visitor 3,500 3,500 Coin-op.sounds,etc.(exWallDrug) 30 - 31 TOTAL REVENUE: $ 249,800 $329,800 $386,800 32 _ 33 EXPENSES: _ 34 Advertising 5,000 5,000 5,000 _ 35 Dues&Subscriptions 1,000 museum assoc.,NSSF,OWAA 2,000 2,000 36 Events 5,000 10,000 15,000 37 Fees&Ucenses 1,000 1,000 1,000 38 Insurance-Uability,Property 4,000 4,000 4,000 _._ 39 Maintenance&Repairs 10,000 10,000 10,000 40 Meals&Entertainment 2,000 2,000 2,000 _ 41 Office Equip.&Supplies 5,000 2,000 2,000 42 Outside Services 10,000 Landscape,snow removal,plus 10,000 10,000 Plus consultants,photogs,writers 43 Printing+Design&Prep 10,000 Low because most is donated 10,000 10,000 More needed Yr.1 still used in 2&3 44 Postage 8,000 Fund-raising&other mailings 25,000 35,000 Fund-raising&other mailings ' 45 Seminars&Conferences 1,000 1,000 1,000 46 Shipping&Handling 5,000 5,000 5,000 47 Taxes-Property 0 non-profit status 0 0 48 Telephone 2.000 3,000 4,000 49 Travel&Accommodations 2,000 2,000 2,000 50 Utilities 30,000 gas,electric,water,waste,etc. 30,000 30,000$1/sq.ft.x30,000 on all levels 51 Employee Wages&Benefits 130,000 includes taxes&25%for benefits 160,000 190,000 for Prez/Curator,Office McIrAstaff 52 53 Depreciation _ 541 _ -55,G-ratitliOTOther-Projett-Exp. -1-23X71:1 Riffe-ii-AtifitWitooTerilds,srs&disabled 40,000 50,000 River clean-up,kids fishing _ 56 events,historical and ed.prolects 57 EXPENSE TOTAL $ 243,000 $322,000 $378,000 ___ 58 59 FUNDS REMAINING: $ 6,800 $ 7,800 $ 8,800 _ , 60 61 ohecopbud8-749 wksht 62 LaBarbera/Johnson/Thom PQ4-e. :,21 .,, Sample Letters of Support IISSF National Shooting Sports Foundation, Inc. •eonnasp FLINTLOCK RIDGE OFFICE CENTER•11 MILE HILL ROAD•NEWTOWN,CT 06470-2359•203 426-1320•FAX 203 426.1087 April 19, 1999 Mr. Mark LaBarbera 1371 Maxine circle Shakopee, MN 55379 Dear Mark: America simply would not be the great nation it is today without the traditions and values we have embraced through our love for, connection with and reliance on the great outdoors. It is important—especially in this increasingly urbanized world--that we all understand those roots and the bonds that heritage creates between our citizens and our resources. The concept behind the Outdoor Heritage Education Center&Fish and Wildlife Museum is a meaningful and important component in building that link and I enthusiastically urge you to pursue this project. Mark, as you probably know, I have spent 24 years in the conservation education field—much of it with state wildlife management agencies—and know how important it is for the future wellbeing of our natural resources to expose people to our historical ties with wildlife and wild places. In my professional associations as a past president of the Association for Conservation Information and as Vice-chairman of the IAFWA ; - Education Committee the last four years, I have observed a growing need to present this kind of material in a more entertaining way and in locations that have intrinsic abilities to attract people. I believe the facility you envision is an excellent tool to help accomplish that I wish you well on this very worthwhile project. Sincerely, 00424:444:17tir.3 Christian D. "Chris" Chaffin Director of Conservation Partnerships • SPONSORS OF THE SHOOTING, HUNTING, OUTDOOR TRADE SHOW (SHOT SHOW®) y�P..,0F mmily,�9 `�` Minnesota Department of Natural Resources O N 9 W AA. 500 Lafayette Road `c'h' �,Q`` St.Paul,Minnesota 55155-40_ °FNATUaP June 21, 1999 Mr. Mark LaBarbera LaBarbera and Associates • 1371 Maxine Circle Shakopee, Minnesota 55379 Dear Mr. LaBarbera: • Tim Bremicker relayed to me your conversation at the Minnesota Outdoor.Heritage Alliance'sspring banquet where you talked about the educational needs to improve the public's understanding and acceptance of scientific wildlife management, the many new land and water conservation management tools,and principles that are being applied today. This. letter is to confirm the Division of Fish and Wildlife's support for more education in these subjects and our support for an educational facility near the Minneapolis-Saint Paul metropolitan area that would emphasize this need. As urban residents become more distant from the land and the day-to-day interaction with nature, their understanding of human-kinds needs to manage land and water on a sustainable basis is lessened, educational facilities and programs will become even more critical to land, soil, water, and wildlife conservation. Sincerely, /07 Roger Holmes, Director Division of Fish and Wildlife DNR Information:612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer f Printed on Recycled Paper Containing a Who Values Diversity tiia Minimum of 10%Post-Consumer Waste • fir. Memorandum - , a1 A f Date: Tuesday, April 6, 1999 A r„r To: Mark LaBarbera From: Jerry Rouleau,J. Rouleau & Associates Per our phone conversation regarding the building plans for Outdoor Heritage Education Center & Fish & Wildlife Museum, there are definitely a number of possibilities in tying in such a project with a public relations campaign. Selecting either logs or.,timber frame construction would generate a lot of interest and-traffic and be ideal for the center. The location for the project that you described provides not only a great deal of visibility but a perfect setting for such an undertaking. With the right publicity and campaign there is no reason we couldn't get a major log home or timber frame producer to provide the fame material for your building-at;a reduced price. Enclosed is some background'information on my firm for your review. During my 25 years experience in the industry I have worked with most major log home manufactures in the industry. Additionally my firm currently manage the Timber Frame Business Council: Please keep me posted as yourplans develop. P.O. Box,I31161 U.ROU LEA & associate HANOVER, NEW HAMPSHIRE 03755 ©19 603.643.5033 603.643.5044 fax Marketing and Public Relations for System Built Hon and Product Manufacturers • A non-profit organization dedicated _ ,e, - ; Vito maintaining our wildlife heritage - Wildlife Forever March 23, 1999 Mr. Mark LaBarbera 1371 Maxime Circle Shakopee, MN 55379 Dear Marls, Thank you for your support of Wildlife Forever. As a board member, you know Wildlife Forever shares your vision of teaching school children, as well as adults, about America's great wildlife heritage. The Wildlife Forever CD ROM Curriculum is a science-based educational tool that provides critical thinking skills for yo Ar errcans related,to the proper management of habitat and our fish and wildlife resources:" Through your leadership, we been able to assist the rest %tYour area by donating - funds for aerators on O'Dowit take. I know you.are fam,1r with'our'i rk with all of the species-specific conservation groups bob on the natio a1. d local leve. Although the funding of conservation prof ett with thes.�organization' Are trr wildlife herita a we ,be de•ermined through sero Feu ationy the very future of our g may il . In fact, your donation of the Wildlife Forever;CD ROM Curriculum and Teacher's Guide to the Shakopee area Catholic schools is greatly appreciated. By educating today's youth, we are building future stewards of our natural_resources. Thank you f•r your past support. Please keep us apprised of your many activities. We look forward to orking together in the coming Months. ince 1/ r l i 01110--- 11 Dou .las H. C ann Exe• tive DI ector e5 30 1 03 ,„me, 7osird ,�creet Fogecni ersra,B eel vl2 95344 • (61 2) 833-1522, Fax (61 2) 833-0804 soy ii oe < m v ACX p : a N c 0) 1‘) * 0 ia N F J1i co < D) * N03 co cr, = < _ ; n W -n (D * g to `< (D '.< I rr -. O 0 _ * N h * * CC Q N < (D' * - (D (D -+, (D G _ sv O NN 31 .� *. a3 O O'ED coesc c co ir p O = * .,. (p (4) 2, _ a) a) N -ui , < * O = 40-44 ._- �i (0 `< (D O O A = O (D "0 O "0 Cr O C Q Q y -8. N A Q 0 Q cD C N .— .( Q 0 1 al (0 liii= CD W (iD CO . 0 EU 3 rnco .-4 ." rt — su Co a) o A r- o m 71 C < 03�� m o = C (D o N O Q 1 sv cv m 5' — Ao � 3 N O 0 — 1 •a a CD ED- 3 . (D o CD 3 cD 0 (D i . b ua CD to Trii I 1 la Mirr[MaQy�,r March 29, 1999 OFFICERS President Diane Schultz Jerry cond$a Executive Director Conrad's MSl Insurance Shakopee CVB Vice President 1801 E. Cty. Rd. 101 1Oe Dui' Shakopee, MN 55379-0716 Pheasants Forever Vice President-Ekct John Sclvoers Dear Diane. MN Duck&Goose Capers,MWA • Secretary This letter is to express our support for the concept of an outdoor Franklin Flack heritage education center and fish and wildlife museum. Friends of Advanced Bunter Education Treasurer Gail Foster The Board of Directors of the Minnesota Outdoor Heritage MN Weapons Collectors Association Alliance passed a motion at our recent meeting directing me to General Counsel state our support because education is part of our mission, and we S Kirk Schtker&cer believe that an education center along the Minnesota River in a Schnitkdx&Associates Law Firm popular tourist destination and accessible to a large urban • EXECUTIVE BOARD population can go a long way toward educating generations of Past President future Minnesota citizens about their outdoor heritage. Jim Klan TradeMark Webber Communications Please share our letter of support with your mayor and other Former Rep,Virgil Johnson elected officials. Sheldon Valley Sportsmen Sven Lindquist Sergeant at Arms,State Capitol And please let us know how we may be of assistance. We have David and Norma Martin asked Mark LaBarbera to keep us informed. Safari Club International Harvey Nelson S. ely, U.S.Fish&Wildlife,retired Dave Overland MN Sponsfishing Congress y Conrad Charles Peterson United Sportsmen of MN President Jim Skildum Magnum Research Inc. Bob Whiting WLFAJMBA Jerry Conrad.President Joe Duggan,Vice Prrsidesw Jahn Schr.ess, IIP-Since MSI insurance-Conrad Agency Pheasants Forever MN Duck&hoose Callers Gail Foster,Treasurer Franklin Flock,Secretary Kirk SehiYGker,General Cawood Jim Klatt,!Part PraIdtw! MN Weapons Collectors Assn. Friends of Advanced Hunter Ed. Schnitker&Associates TradeMark Communications • lii!!!!!1 UNITED BUILDING C E NTE R S April 5, 1999 Mark LaBarbera 137.1. :Maxine Circle Shakope , MN 55379 Dear Mark: Weare interested in helping you with the outdoor heritage education center. We like the idea of building something that gill help communities like Shakopee. You can count on us. As things progress, let us know what you need from the building trade and suppliers in order to make this project take shape. Most of the people we work with share your : enthusiasm for hunting, fishing and the outdoors, and we want r to :helpw'pass it on to the next generation. � fa Sincer l� I aa}� a amen��Gr-eenlund ,,g, .�<,,,,k <••.„-,kw es xManager T-tx i< 4 -L-1 S ti Lrc.4¢,1„, Revet,,, &se. . :#H l lxsa w 0-1 gip':t.. 4 �.n tea L:Ay r�lorr*ziF 3 �`<- r, dI1siof2-otiobte�no a porg - fi 00 ff.) a s' _ a (D aO C o ap 0) g m Su 00Cm (0 -+a 3 n (D •••••• -z S2 = U) O ;+ CC) = U) C CC 0) �« 7 G G Oy CD (D (Q fD .Q (D Sll �' IV (D = * (D C. O O -p (Q Q. a. 0 0 0 Es _+; ,.G N 0 N un a) (p u) aa- W (D O O '� = N E S1 0 m c ca co p' .0 W O (D O C D = = ,« n co u) O � O ?Co (D 1 3 �. p Ag p N .-« 11 00 n .a. O 5•(O 5 1 CO Sv SD o -, - (n I Svco — • cr CSN � 0N CO rt3 co OOcam `<O -5 • (S] .-4. C N I n 013) C < p 3 ? CO Q. N• CO 1 V C CD N O O� cir o- o 3 (n coSn Cn N i < O Sv 0) tv (D 0 3. I N NQ N CO" 1 7 Q. CDD n C O a) x- Q- N ..8- pBt.. CD r+• < (D = I CO3 o- .... C C co' � N CD 0 CD COc CD np q o O Q' a n N I Z,3 N O O aC cn7 O O' i,„9 C" 71 (D N C 1 I O6 a I = 71 O 0 = I O 3 j •• b 0 ;' I-, -. h SCOTT COUNTY fi HISTORICAL SOCIETY saving;and sharing: th O SGo . e history sea • Monday,April 19, 1999 Mr. Mark LaBarbera 1371 Maxine Circle Shakopee, MN 55379 Dear Mr. LaBarbera: It is not terribly uncommon for someone to request my opinion on a historical matter. I see this as an opportunity to teach abouta historian's perspective. The historical perspective is to understand what happened,why, and what is. This is not a subjective opinion about which is right,wrong,good or bad. With that being said,this letter is written on behalf of the.Outdoor Heritage Education Center&Fish and Wildlife Museum, Inc. ,As the Executive Directorof the Scott County Historical Society,I recognize an important relationship between the natural environment and the cultural environment. Historically,these two have been intertwined and virtually inseparable. Recently,a holistic approach to teaching about these environments has growing momentum: This trend incorporates the interrelationships between the natural and cultural environments in educational programs. Personally,.I recognize the importance of education in general,and the concept of The Outdoor Heritage Education Center&Fish and Wildlife Museum, Inc. A community asset like this would be complimentary to the Scott County Historical Society's museum focusing on the cultural environment. . Sincerely, . ilk J/c/— John S. Gutteter Executive:Director 35. 235 South Fuller Street Phone (612) 445-0378 Shakopee;Minnesota 55379 Fax (612) 445-4154 Matt LaCosse Wildlife Artist 11808 Sand Creek Drive Coon Rapids,MN 55448 612 755-7557 April 6, 1999 Minnesota Outdoor Heritage Alliance Mr. Mark LaBarbera FAX: 403-6868 Dear Mark: Thank you for your interest in my art. ram very Center. You can count on my participation on aon-going basis:your Outdoor Education I am also very excited to help raise money for the Outdoor Heritage Alliance. I will be donating an original to the program to raise funds and I will be displaying and painting your function. at Please call with any questions and thanks again. Sincerely, Man LaCosse Artist FEDERAL® May 21, 1999 Mark LaBarbera 1371 Maxine Circle Shakopee MN 55379 Dear Mark: Thanks for stopping by and telling us about the proposed Outdoor Heritage Education Center and Fish and Wildlife Museum at Shakopee. It would be an excellent education facility for the metro area. Please keep us advised as the plans develop. Sincerely, FEDERAL CARTRIDGE COMPANY Bill Stevens Manager, Conservation BS:mwb e,5 Federal Cartridge Company 900 Ehlen Drive • Anoka, Minnesota 55303 • (612)323-2300 • www.federalcartridge.com A Blount Company MINNESOTA DEER HUNTERS ASSOCIATION 1411 P. O. . Box 5123 2820 South Highway 6595 9 ' ar Grand RapidsMinnesota 55744 "� Frit PI 218-3274103 or 800-450=3337 (MN) � � ' is FAX 218-327-1349 ��{y, April 23, 1999 �v R TM 1f' & CS1[IlfLre • • . Jelly Conrad, President V • MORA 2999 W..County Road 42„Suite 210 Burnsville, MN 55306 • Dear Jerry, • V lam m writing to follow up on our discussion with MOHA regarding the MDHA Whitetail exhibit as a portion of a Heritage'Education Center in Shakopee. First 0(011, thank you for the opportunity to present ow-exhibit and plans to the board last Wed esdsy. I met with both the Minnesota Deer Hunters Association Executive Board and the Minziesota Whitetail Deer Resource Center Cnmmittae Saturday, April 17th. The conclusions of our Saturday meeting are as follows; We would welcome a partnership between MORA and MDHA to iachieve an excellent education center promoting the interest of both groups. • MDMA will secure the Funding and construct the permanent portion of the deer exhibit I discussed with your beard last week. MDHA's current investment includes a$50,000 match to a LCMR$50000 planning grant. From this the marktiting study,building and education plans were developed. Currently, there is preliminary' approval for an n additional $400,000 grant from LCMR for the exhibit construct n. The Minnesota Deer Hunters Association ldoks forward to continuing the commitment to finishing the exhibit we feel tells the story of deer and deer hunting in Minnesota. 0 In addition to the pemnanent display we also have plans for outdoor demonstration areas and education programs which may well fit both missions. t will be happy to work with Mark and other members of the Boaprd who wish to use the preliminary building plans,marketing study,etc. to aid your planning efforts for building construction and site selection. 0 MORA will need to fine other partners to establish other display and demonstrations they may want to house I tine center, the Minnesota Fishing Federation from Grand Rapids may want to work with you on a permanent location for their fishing display. rr Curt Hadland from Scandia,Images of Nature Studio will contimte to head up our display development and may be a good resource for you as you progress on other display elements of the building. I look forward to hearing from you as the project progresses. . Sincerely, • 16-4,144..: Bergerson `hair,Whitetail Resource Kanter Committee .113/ar. • Cc: Joe Wood Pa ' `' - Mark LeHarbaars. - Orq;ir,i, ,,,,rn„chic;vti the best possihlf attar rtero-,114 to promote h1 h quality deer hunting " LCMR Application, Work Plan, Approval Letter LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES Tuesday, May 18, 1989 • To: 1999 LCMR Project Managers MAY 1999 FROM:John Velin, Director • i . RE:Legislative Action on SF2226-LCMR Recommendations and Required Workprogram - Meetings • Joe Wood, • The Senate and House Floors passed the conference committee report for SF2228 on May 15, 1999. There were some changes made to the LCMR Recommendations: Those changes are. . reflected In the summary page and complete project Iist attached. The bill needs to be signed by the Governor within 14 days before it becomes final. • . If there were changes made to your project(e.g.dollars reduced,dollars increased, language change,title change),please resubmit your workprogram to the LCMR office by . May 26,1999. - Please carefully review your workprogram and make adjustments if something has changed since your last submission. Send.6 double sided copies,and change the date of the report to-the current date. Please mark one of the copies In pen highlighting the changes made so staff can easily review the workprogram. • Take note if your project is funded from the Trust Fund,your language has changed and your workprogram needs to be revised to be exactly as shown in the legal citation. The LCMR staff and agency liaisons are planning Workprogram and Contract Review Sessions. You are required to attend one of the dates,the meeting times are as follows: • June 2,1999(1PM 4 PM),Projects Requiring Agency Contract Administration;Room 5, State Office Building. You are part of this group if your language has something similar to: to DNR for an agreement with... • June 8, 1999(9 AM-12 NOON)Agency Direct Meeting;Room 5,State Office Building, • June 9,1999(8:30 AM-11:30 AM)University of Minnesota Meeting,198 Coffey Hall,Si. Paul Campus. Attendance is required In order to be recommended for work program approval by the Commission. It is Important that you attend the session as designated but if the date does not work then youmay come to a different session. If you do not attend, it will delay the work program approval and the project start,likely well after July 1, 1999. if it is Impossible to attend one of the meetings call the LCMR staff ASAP. • An LCMR business meeting is scheduled for June 18, 1999 to approve war attend one of the staff meetings and everything is in order for your workprramgyou do Ifyou need to be present for approval. We look forward to working with you. Specific to your project: Title: Minnesota Whitetail Deer Resource Center Exhibits Final $: 400000 Subd. 4 i Environmental Education Language: (k) Minnesota Whitetail Deer Resource Center Exhibits $400,000 is from the future resources fund to the commissioner of natural resources for an agreement with the Minnesota Deer Hunters Association to construct exhibits on whitetail deer In Minnesota. This appropriation Is available to the extent matched by expenditure of nonstate money on land and a building to display the exhibits. • v Date of Report: , y 25, 1999ltyl' , ` ketkpo.;•, ' .-sti'V L#171eurr-4`._,,c. ,,„ , Date of Next Sta Report: January 15,2000 x _ �` Date of Workprog m Approval: "` 41 b y Project Completio Date: June 30,2001 LCMR Work Program 1999 I. PROJECT TIT E: EE38 Minnesota Whitetail Deer Resource Center Exhibits 400,000 Project Manager: Joe Wood Affiliation: Execu ive Director,Minnesota Deer Hunters Association Mailing Address: 820 South Highway 169,P.O. Box 5123,Grand Rapids,MN 55744-5123 Telephone Numbelr: (218)327-1103 E-Mail: mdha@uslink.net Fax: (218)327-1349 I Web Page address www.up-north.com/mndeerhunters i Total Biennial Priject Budget: $854,525 S LCMR I $400,000 SMatch: $454,525 -$LCMR Amounit -0- -$Match Amount -0- Spent: Spent: =$ LCMR Balan e: $400,000 =$Match Balance: $454,525 A. Legal Citation ML 1999, [Chap. 1,Sec.[ 1,Subd. . Project Draft Appropriation Language EE38 Whitetail Der Exhibits 400,000 Appropriation Language: This appropriation is from the future resources fund to the commissioner of natural resources for an agreement with Minnesota Deer Hunter's Association to construct exhibits on white-tailed deer in Minnesota. This appropriation is available to the aip. nt matched by expenditure of non-state money on land and a building to display the exhibi B. Status of Match Requirement: A Minnesota Deer Hunter's Association(MDHA) Corporate Board motion to its statewide chapters on April 25, 1998 requested that$20,000 a year be earmarked for the project's development through the 1999 and 2000 fiscal years. MDHA personnel and volunteers are dedicated to the finalization of the project. It is anticipated MDHA in-kind staff time will include 25%of one clerical position, 5%of one accounting position and 15%of the executive director or designee's time. Additional funding through private grants and foundations for the exhibit and other portions of the complete project are now being actively pursued. P5 ti r I II. PROJECT SURY AND RESULTS: This project will re t in the construction of a 6600 square foot exhibit on white-tailed deer in Minnesota and thei relationships with people. The exhibits will provide unique educational experiences throug the use of dioramas,hands-on interactives,and computer and video programs. The title f the exhibit is The Fascinating Whitetail. The exhibit is divided into four areas: The Exhibit Introduction; Discovering the Whitetail's World;Whitetail Habitats; and People and Whitetails. The exhibit areas focus on the white-tailed deer in Minnesota and will be of special interest to the people of the state in terms of both economics and human interest, since the white-tailed deer is unquestionably the most important large wild mammal in Minnesota. The exhibits produced under this work program will become part of a new Minnesota Outdoor Heritage EducationlCenter located in Minnesota.Market survey projections for the Center and its exhibits estimata it could.draw 1.4 to 3.4.million.visitors. Three-fifths of these likely visitors would probablyco from outside Minnesota.Books,videos,and-other materials produced by the Center could re h another 600,000 households. • III. PROGRESS SUMMARY: IV. OUTLINE OF PROJECT RESULTS: This work program will result in the construction of a 6600 square foot exhibit on white- tailed deer in Miniesota and their relationships with people. These exhibits will provide unique educational experiences through the use of dioramas,hands-on inter actives, and computer,and vidprograms. The exhibits produced under this work program will become part of a new Mi ' ota Outdoor Heritage Education Center located in Minnesota. An overview of th Work program for the final design and construction of the exhibits consists of six res ts: (Additional supporting documents are available to provide in-depth detail on all categolries.) Result 1. Exhibit Area I: Exhibit Introduction. (Approx.1000 square feet) Design and constrt:ct a diorama with taxidermic mounts of leaping whitetails surrounded by a simulated forest environment. Examples of other supporting exhibits to be constructed include the title panel fort�tee oyerralL exhibu "T a Fasejnatl)1 Zltetnil"and other exhibits= g bis exploring the public's ideas on deer facts versus fiction. Budget: $28,575 Result 1: LCMRI Budget: $14,287 Match: $14,288 Balance: $ Match Balance: $ Completion Date: September 15, 2000 Result 2. Exhibitrea II: Discovering the Whitetail's World (approx. 1800 square feet) Design and constru t exhibits that show how a deer lives and experiences its world. Separate dioramas will show how a deer lives as a buck,a doe,or as a member of a social group. Hands- on specimens and other inter active exhibits and video provide additional support. Budget: $146,650 I Result 1: LCMR udget: $73,325, Match: $73,325 Balance $ Match Balance: $ Completion Date: , uary 15,2000 Result 3. Exhibit free III: Whitetail Habitats (approx. 1000 square feet) Design and construct exhibits that examine the three major habitats for deer in Minnesota,their availability of food and cover,and the factors that limit deer populations such as predation, winter survival,an other mortality factors. Computer programs challenge visitors to create an ideal deer habitat i i forest,farmland, and urban settings. I Budget: $92,750 1 Result 1: LCMR Budget: $46,375 Match: $46,375 Balanc4: $ Match Balance: $ Completion Date: March 15,2001 Result 4. Exhibit1Area IV: People and Whitetails (approx 2800 square feet) Design and construct exhibits that range in scope from Native American and early settler views of whitetails in Minnesota to contemporary hunters and non-hunters. Other dioramas enable visitors to understand the dilemmas of different landowners and stakeholders involved with the whitetail,deer management,and the present ecosystem-based management. Visitors can manage a deer population through a computer simulation based on historical trends and research. Deer hunting and ill's role,ethics,rituals,safety,equipment,economics, and conservation values is also featured. I I Budget: $261,5501 Result 1: LCMR.Budget: $103,512 Match: $158,038 Balance; $ Match Balance: $ I Completion Date:1 June 30, 2001 I I i Result 5. Supplemental Educational Materials and Programming I Design and develop supplemental programming products based on the exhibit content,and video and computer pro that are produced for the finished exhibits. These programming products include videos,educational packets,computer programs and a Web home page to provide for dissemination to a larger public audience outside the exhibit,on either a state, region, or nationwide level. Budggt: $21,500 Result 1: LCMR Budget:$10.750 Match: $10.750 Balance: 1$ Match Balance: $ • Completion Date: .une 30,2001 Result 6. Contract Exhibit Development/Management Services Implement and m ge the exhibit work program and schedule,administer and supervise exhibit construction subcontractors,and the final exhibit assembly.Development services include specimen collectinfinal content development,final design development,construction management and terials specification, and acquisition of objects,art,and artifacts. Budget: $303,500 Result 1: LCMR Budget: $151.750 Match: $151.750 Balance: $ Match Balance: $ Completion Date: January 15,2000,September 15,2000,March 15,2001,June 30,2001 , I i V. DISSEMINAION: In addition to the impact of the exhibit itself on the visiting public, Result 5.Above, so provides for an even wider dissemination of the exhibits. Developing these supplemental programming products during the course of the exhibit development will result in significant cost savings compared to trying to develop these materials separately or at a later date. These supplemental products which include videos,educational packets,computer educational value,they would also serve to publicize the Center and its exhibits,provide an additional source 4f potential income to offset operating expenses,and provide a further stimulus for theblic to visit the Center. A web page would also be developed featuring the Center and its exhibits and programs. An address for this web site will be provided in subsequent prograin submissions once the web page has been completed and is on-Iine. I • Pa ((V VL CONTEXT A. Significance: This exhibit project focuses on the white-tailed deer,which potentially exerts more influence on the character of the natural vegetation than any large wild herbivore in the state of Minnesota. White-tailed deer are found in almost every habitat from farmland,to forest, and urban areas statewide. Yet, the deer's influence on these habitats and the people who live there requires different management solutions and techniques. An understanding of these different situations between deer and people on the land and their possible solutions can benefit the larger environment as a whole. In addition,public understanding of the necessity to maintain a delicate balance between preserving the diversity of natural vegetation and deer populations is critical to maintaining the integrity of the state's natural systems and the deer itself. This exhibit project will explore the full range of the deer's life cycle and behavior and its effects on natural: systems. Also,in terms of h interest and the field of economics,the white-tailed deer is undoubtedly the most important large wild mammal in Minnesota. Although the deer's economic value,as with most wild animals is often difficult to document,the economics of deer hunting in the state is better known. For example, a 1993 study by the International Fish and Wildlife Association showed Minnesota deer hunters spent nearly$94 million in direct sales on deer hunting,and their expenditures tor food, gas, lodging, and other amenities totaled more than$191 million. Today,deer hunting expenditures are over$289 million annually in Minnesota. Other negative economic impacts such as deer/vehicle collisions and crop depredation are less well documented. This exhibit project will address the full range of these people/deer interactions in a groundbreaking exhibit that will be part of a new Minnesota Outdoor Heritage Education Center. The Center will become a central institution for the public in the interpretation and presentation of the current research, management,and other issues involving the white-tailed deer and other wildlife in Minnes¢ta. A wealth of widely scattered historical and contemporary scientific information about the white-tailed deer in Minnesota exists. This exhibit project will initiate bringing that information all together in one place through an objective, entertaining, educational, and interactive format that will enable visitors to learn about the ongoing diverse and complex relatimships people have with the white-tailed deer. The future location for the Center is envisioned for an area of Minnesota and will provide a benefit to the local community as well as the region. Location of the Center in proximity to another facility would offer the added potential of Sharing resources and facilities and increasing tourism in the community. B. Time: This project will be completed in a two-year time frame from July 1, 1999 through June 30,2001. C. Budget Context: In 1994-1998, funds from an appropriation by the LCMR and a one to one match from the Minnesota Deer Hunters Association(M3 -7 Whitetail Deer Resource Center) resulted in a comprehensive plan for a new Minnesota Whitetail Deer Resource Center. The exhibit portion of the plan included specific detailed descriptions of the proposed exhibit areas of the Center consisting of: a full written prospectus with illustrations of the exhibit areas; an overall budget with u breakdown of budget detail for all the exhibit components and their associated costs; a separate written description of each exhibit component;an outline of the proposed subject matter and content with a selected bibliography;a V2 inch scale model of the exhibits in gallery settings; and a second popular version of the longer prospectus to provide a brief,condensed overview of the exhibit for public education and fundraising. These documents are available to anyiinterested parties and demonstrate the scope of the work already completed. This educational exhibit project is similar to other large natural history museum exhibits funded at both state and national levels. Two examples in Minnesota include a 6,000 square foot touring exhibition cin grizzlies and black bears with major funding from The National Science Foundation(NSF)and other local support,and another 6,000 square foot touring exhibition on wolves with major funding by The National Endowment for the Humanities(NEH). LCMR funding hasalso supported a number of smaller natural history exhibits in the state that dealt primarily with Minnesota themes. This exhibit project concentrates almost exclusively on the white-tailed deer in Minnesota and thus would seem more appropriate for support by public and private fundersi in Minnesota. When completed, it is anticipated that the Minnesota Outdoor Heritage Educations Center and its exhibits,could well hold the distinction of being the largest and most comprehensive institution focusing on the white-tailed deer and other wildlife in North America. 1. BUDGET: Personnel:.$218,500(Contracts-No Wages,Salaries or Benefits) a. Exhibit Director: - Curt Hadland, Images of Nature Studio $110,000 100% (contract foif 24 months, subcontractor pays own expenses-travel,telephone,office,etc.) b. Content Developer(s): - Lansing Shepard or other subcontractor(s) $ 38,500 50% (contract(s)for one or more persons for a total of 12 months out of a two year period) c. Design Developer(s): - subcontractor(s)to be determined $ 45,000 50% __.___._....__...__..._._...... ._ __..__.._(contract(s)for one or more persons for a total of 12 months out of a two year period) d. Production Coordinator(s): subcontractor(s)to be determined $ 25,000 50% (contract(s)for one or more persons for a total of 12 months out of a two year period) Equipment $ -0- Acquisition . $ -0- Development $ -0- • �q t (47 1 , F Other: a. Exhibit Areal I - Exhibit Components, Materials and Labor $ 28,575 b. Exhibit Area II - Exhibit Components,Materials and Labor $146,650 c. Exhibit Area!III - Exhibit Components,Materials and Labor $ 92,750 d. Exhibit Areal IV - Exhibit Components,Materials and Labor $261,550 e. Supplemental Educational Materials and Programming $ 21,500 f. Project Start4up/Specimen and Material Collecting $ 60,000 g. Purchase/Commissions-objects/art/artifacts $ 25,000 • TOTAL $854,525 2. Submit a budget detail with all the specifics as attached as Attachment A. VII. COOPERA'T'ION: 1. Curt Hadland,Images of Nature Studio. 2. Lansing Shepard, researcher/writer. 3. Mark LaBarbdra,Minnesota Outdoor Heritage Alliance. 4. Dave Schad, Minnesota DNR,Division of Wildlife. 5. MWDRC Committee VIII. LOCATION: The address for the Project Manager,Joe Wood, and the location where the overall project will be administered, is at the MDHA state office,2820 South Highway 169,P.O. Box 5123, Grand Rapids,MN 55744-5123. Development and construction of the exhibits will take place throughput the state,wherever the subcontractors are located. If some of the subcontractor work can be performed in proximity to the center's location and quality and cost are competitive,this will also be considered. The home office for the Exhibit Director,Curt Hadland is at 15280 Pilar Road North, Scandia,MN 55073. IX. Reporting Requirements: Periodic work program progress reports will be submitted not later than January 15, 2000, September 15,2000, and March 15,2001. A final work program and associated products will be submitted by.Dune 30,2001,or by the completion date as set in the appropriation. X. 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S. a • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Excess MnDOT Property-Parcel 43 MEETING DATE: October 5, 1999 Introduction & Background: Council is asked to direct staff to acquire certain excess MnDOT right-of-way property generally located at the northeast corner of U.S. Hwy 169 and County Hwy 69, and initiate a Request for Proposal (RFP) process for the acquisition and development of the property by a private developer(s). Discussion Recently staff met with a commercial real estate broker and the broker's client/interested developer regarding the possibilities of the interested developer acquiring the above referenced property through conveyance from MnDOT to the City, and then the City selling to the interested party. The property of record is a 23.52 acre tract of MnDOT excess right-of-way that was under consideration for the proposed Centres Group development back in 1996. That project obviously did not materialize but work was initiated by the City at that time for said property to be conveyed from MnDOT to the City. Please refer to Exhibit A, which shows the location of the property. In December of 1996, MnDOT informed the City that this property could be conveyed at the value of $787,596, or $33,486 per acre (see Exhibit B, letter from MnDOT). The interested developer has offered via letter(Exhibit C), $50,000 per acre for the property. MnDOT has notified the City that it will not allow the City to take proposals on this, unless the title in the hands of the City. If MnDOT takes proposals,they will sell it to the highest bidder, and will retain those proceeds. The City would have no input on the sale. Therefore,the City will need to buy the property from MnDOT before seeking RFP's. There is a risk that, no party would respond to the RFP, and the City would have to hold the property. However, given the value of commercial property in Shakopee, it is unlikely that the property would be the City's for a lengthy period of time. However, Council does need to be aware of this scenario. MnDOT has been very patient on this, and is still willing to sell the property to the City at the 1996 appraised value. they have indicated a strong desire to get this sold as soon as possible. Therefore, if the Council feels that this propertyshould be acquired by the City to initiate development, it would be prudent to proceed through the conveyance / acquisition process with MnDOT and then seek proposals for the purposes of selling the property rather than entertaining the interest of only one developer. It is recommended that the minimum price to be considered be $50,000 per acre. The Council should direct a Request for Proposal (RFP) process for both the acquisition and development of the property. An RFP would not only serve as the vehicle for the bidding process, but would also provide guidelines as to the development that is desired. Budget Impact MnDOT has agreed to convey this property to the City for $787,596. The funds for the purchase from MnDOT would come from the General Fund balance. The minimum purchase price outlined in the Request for Proposal would be $50,000 / acre or $1,176,000, as offered by the interested party in Exhibit C. Proceeds from the accepted proposal would be used to reimburse the City for the cost of acquiring the property from MnDOT. It should be noted that the developer with whom we have spoken has expressed a high level of interest in the property. Options 1. Direct staff to acquire the excess MnDOT right-of-way property, and initiate a Request for Proposal process for both the acquisition and development of the property. 2. Do not direct staff to acquire the excess MnDOT right-of-way property. Recommendation Option 1. 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"yo Minnesota Department of Transportation Fy, Transportation Building °"1* 395 John Ireland Boulevard Office Tel: 612-296-8647 Saint Paul, Minnesota 55155-1899 December 5,5, 1996 Mr. Jeff Henderson, Mayor City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 In reply refer to: 7300 C.S. 7005 (101=1.87) 901 Scott County Parcel 43 (Excess) Reconveyance Dear Mr. Henderson:' I am pleased to inform you that all approvals have been obtained for the conveyance of the above referenced parcel. The value of said 23.52 tract is $787,596.10. If this is acceptable, please submit payment of$784,995.70 ($787,596.10 less Deed Tax of$2,600.40) in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation -Trunk-Highway Fund". You will be responsible for payment of the deed tax at the time of recording of the Quit Claim Deed. Upon receipt of payment the State will issue a Quit Claim Deed using the enclosed legal description to The City of Shakopee. Please submit payment and any questions you may have regarding this transaction to Neal Bartelt, Transportation Building, 395 John Ireland Boulevard, Mailstop 632, St. Paul, MN, 55155 (phone 612-296-8647). Sincerely, /16.WS‘904/41.4.0%.-- K. F. Rasmussen, Director Office of Right of Way and Surveys Enclosures: Legal Description (1) Map (1) • An equal opportunity employer August 5, 1999 Mr. Paul Snook Economic Development Director City of Shakopee 129 Holmes Street, South 003 Shakopee, MN 55379 116"Pp � Dear Mr. Snook, is interested in acquiring land for the co struction of an in the Shakopee market area. I understand that the .' s a 22+acre parcel along Route 69, north of 169 on the west side of Shakopee. Should s property prove suitable for our use, would be willing to pay$50,000 per acre of buildable area. Suitability would include: Appropriate zoning for - Adequatebuildable area. Site conditions suitable for standard construction techniques. - Environmentally acceptable to buyer. Acceptable visibility and access to Routes,.69 & 169. - Adequate frontage. - Reasonable access to utilities. Please advise within thirty days as to whether the City would be interested in selling this property. If so, I will promptly submit our standard Purchase and Sale Contract. I would appreciate it if you could then outline the process through which we could pursue acquisition. Please phone me with questions at . In the interest of expediency, I will fax as well as mail this correspondence. Sincerely, isE. 13, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pre-Tax Benefits Administrator Change DATE: September 24, 1999 INTRODUCTION: The Council is asked to authorize the firm of DCA to administer the Shakopee City employees pre-tax benefits program. BACKGROUND: In 1997,the City hired Freedom Services to administer the City employee pre-tax benefit program. This is the program that allows certain IRS-eligible expenses (daycare, prescriptions, and unreimbursed dental and medical costs)to be paid with pre-tax employee payments. Freedom Services has been sent claims by the City, who then processes those, and sends reimbursement checks to the City to be distributed to the employees. In reviewing a new proposal by DCA(the company that does the annual"Stanton" survey for the Metropolitan Municipalities), it appears that there is a benefit to changing the City's administration to their program. 1. It would significantly reduce the amount of staff time to administer this, in that claims would be mailed directly to DCA by claimants, and reimbursement checks would be mailed directly to the participating employees. 2. Annual enrollment will be done by telephone automated enrollment, rather than requiring employees to take time during work to meet personally with an enrollment representative. 3. DCA has greater phone access for employees with questions. 4. Lower annual enrollment fees, and lower monthly administration fee. 5. The current provider, Freedom Services,holds all contributed funds, and draws from them; DCA lets the City hold the funds,then invoices the City for reimbursements. The interest continues to accrue in the City's account. RECOMMENDATION: I recommend that the City employ DCA as its employee pre-tax benefit provider. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate City staff to enter into an agreement with DCA that is approved by the City Attorney to provide a flexible spending administration effective January 1,2000. vv`A9 Mark McNeill City Administrator MM:tw I$ E CITY OF SHAKOFEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Employee Group Health insurance DATE: October 5, 1999 Introduction The purpose of this memo is two fold; 1) to advise Council of the renewal rates for employee group health insurance and 2) get Council input to staff regarding the level of the City' s contribution to the cost of health insurance. Background This memo is based on the information staff has to date. The city joined the South West/West Central Service Cooperatives for 1998 and subsequent two years . The city has gained from pool membership by the reduced administrative costs and other negotiated reductions with Blue Cross/Blue Shield (Blues) that result in lower rates for the City. For 2000, the rates for the city are increasing 31 . 1% . Being in the pool has not yet influenced the city' s rates upward or downward due to the rates for other entities in the pool . Other members in the pool had calculated rates ranging from a decrease of 17% to an increase of 180% . The effect of the pooling was to set a minimum of 16% and a maximum of 49% increase in rates . The two biggest factors in the rate increase are the amount of claims employees are incurring and the increasing cost of medical care. A third factor is that for the past two years Blues has underestimated the increase in the above two factors . There are three attachments to this memo; Attachment 1 is a graph showing the city contribution as a percent of the premium. The city' s share of family coverage has gone down from 89.2% in 1989 to • 71 . 5% for 1999. There is $20 per month budgeted for an increase in the city share. That amount of increase will make the city share 57 . 4% for 2000 . All employees receive the same benefit. The city contribution for each employee is placed in a flex spending account and is used for the premium and other eligible costs . Attachment 2 is a graph showing the history of premiums and city contribution over the same time frame. Attachment 3 shows the share of the premium picked up by the employee and the city. For 1999 the cost to an employee with family coverage was $151 . 86. For 2000 the employee cost will go to $297 .78 for an increase of $145. 92 per month. An employee would have to be earning about $58, 000 to roughly break even with a 3% COLA adjustment for 2000. The city contribution for 1999 is $381 . 66 and with a $20 increase it would be $401 . 66 in 2000 . The figures are; 1999 2000 City contribution $382 . 16 $402 . 16 Premium 1999 2000 Family coverage $533 . 52 $699. 44 2 party coverage 414 . 18 542 . 99 Single coverage 174 . 96 229. 37 Employee cost 1999 2000 Family coverage $151 .36 $297 .28 2 party coverage 32 . 02 140. 83 Single coverage (207 .20) (172 . 79) Increasing the city contribution by $10/mo. will cost about $9, 400 for each $10 increase. In order to keep the contribution at the same percentage of premium as 1999, an increase of a total of $120 per month would be needed. The cost of the $120 .mo is about $117, 500 . The increase could be covered for the 2000 by a combination of by using fund balance surplus from 1999 and a minor portion of delaying the start of new employees . Revenues for 1999 for building and development related items are running well ahead of budget. Staff will be meeting with (Blues) to get more information on the factors that went into the rates for 2000 . Staff will also get information on alternative plans such as higher deductables and HMO type coverage. Following that, input will be obtained from employees and the issue brought back to Council. Action Give staff general direction on the amount of city contribution for 2000 employee health insurance in order to facilitate discussions with employees on what type of coverages to offer. /1) v Gregg oxland Finance Director I:\finance\docs\insure\00 City Contribution Percent of Premium 300.0% 250.0% ��Cont.%of single Cont.%of 2pty 200.0% Cont.%of Family 150.0% 100.0% 50.0% 0.0% t I I 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 97GROUP.XLS History 10/5/99 2:08 PM 2 - Health Insurance Premiums 700.00 600.00 500.00 400.00 - City Contrib. Single 2-Party 300.00 Family 200.00 100.00 F hi t I 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 97GROUP.XLS History 10/5/99 2:08 PM • Employee Cost of Health Ins. $500 $400 — $300 $200 -City Contrib. -Emp.(Pay)Fam.Coy. $100 — Emp.(Pay)2 Party Emp.(Pay)Single $0 i I I I I I i I rnmrn rn rno rn m co ($100) — ($200) — ($300) 97GROUP.XLS History 10/5/99 2:07 PM