HomeMy WebLinkAbout04/02/1996 TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 2, 1996
LOCATION: 129 Holmes Street South
Mayor Jeff Henderson presiding
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3] Liaison Reports from Councilmembers
4) Mayor' s Report
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of the Minutes of March 12, 1996
7] Communications :
a] Shirley Olson, Murphy' s Landing, regarding sub-
contract with Holiday in Lights
8] 7 : 00 P.M. Public Hearing on amending the Cable Franchise
Ordinance to continue a deferment of certain provisions
for an additional two years
9] Recommendations From Boards and Commissions : None
10] Reports from Staff:
a] Engineering Services for Assistance in Preparation of
A Storm Water Trunk Charge for New Developments
>b] Termination of Probationary Status - Julie Baumann
>c] Termination of Probationary Status - Nicole Bennett
d] Fourth Avenue Speed Limit
e] Park and Recreation Department Reorganization - Res .
No . 4421
>f] Substance Abuse Prevention Program
g] Handicap Accessibility for the Community Center
Walking Track - tabled 3/12
h] Building Department Staffing
>I] Recognition Picnic
j ] Engineering Services for Design of Vierling Drive
and T.H. 169 Intersection
>k] Approve Bills in the Amount of $117, 763 . 49
1] 1997 Budget Calendar
TENTATIVE AGENDA
April 2, 1996
Page -2-
11] Resolutions and Ordinances:
>a] Res . No. 4420 - Amending Res . No. 4213, Personnel
Handbook Relating To Drug Testing
12] Other Business :
a]
b]
c]
13] Adjourn to Tuesday, April 16, 1996 at 7 : 00 P.M.
Barry Stock
Acting City Administrator
> Indicates those items determined by the City Administrator to
be appropriate for inclusion on a consent agenda if a consent
agenda existed.
Reminder: There will be a work session on 4/9 at 5 : 00 p.m.
MEMO TO: Honorable Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Non Agenda Informational Items
DATE: March 29, 1996
1. Attached is a memorandum from Scott County Public Works Division regarding the
temporary closure of CSAH 16 between Vierling Drive and CSAH 17.
2. Attached is a memorandum from the Finance Director regarding TIF projections.
3. Attached are the March 11th minutes of the Shakopee Cable Communications Advisory
Commission and the Access Corporation meetings.
4. Attached are the April 4th agendas for the Planning Commission and Board of Adjustment
and Appeals meetings.
5. Attached is a copy of the 1995 Annual Report of the Scott County Library System.
Janet Williams, Library Director sends a special thanks for your continued support and if
you have any questions or concerns please contact her at 496-8331.
6. Attached is the April Business Update From City Hall.
7. Attached is the April calendar of Upcoming Meetings.
8. Attached is a memorandum from the Public Works Director re: County's response letter
to additional street lights on Marschall Road.
9. Attached is a memorandum from the Public Works Director re: Shakopee Bypass Projects
for 1996.
10. Attached is a memorandum from the Public Works Director re: Proposed County Projects
in 1996.
11. Attached is a final ranking of the short terms goals and objectives established by City
Council and staff on March 26, 1996. Staff will be completing work plans for each of the
top ten objectives identified. These work plans will be presented back to City Council for
review at a later date.
12. Attached is the Police Newsletter for Council review.
13. Attached is a memorandum from the Acting City Administrator re: Shakopee Transit
Program.
14. Attached is a thank-you card from the family of Art Young for the plant.
15. Attached is information regarding the Southwest Communities Coalition REGIONAL
GROWTH OPTIONS DISCUSSION to be held on Tuesday, April 23rd. If you are
interested in attending please contact Paul Bilotta.
16. Attached is a memorandum from the Parks and Recreation Director re: Future Park
Property South of the Shakopee By-Pass.
SCOTT COUNTY ti
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
GARY L. CUNNINGHAM 600 COUNTRY TRAIL EAST
COUNTY ADMINISTRATOR
BRAD LARSON JORDAN,MN 55352-9339
ASSOCIATE ADMINISTRATOR (612)496-8346
Fax:(612)496-8365
MEMORANDUM
TO: Those on attached list
FROM: Don Paulson, Construction Engineer
SUBJECT: NEWS RELEASE - Temporary Closure of CSAH 16 Between Vierling
Drive and CSAH 17 in the City of Shakopee
DATE: March 20, 1996
NOTICE
On Monday, April 1, 1996, the closure on CSAH 16 to through traffic will be
expanded to include the segment between Vierling Drive and CSAH 17 for road
construction.
A marked detour will be provided via CSAH 17, TH 101, and CR 83 (See map
enclosed).
The temporary closure will be in effect for approximately three months.
The project is also scheduled for final clean-up and landscaping completed by
fall, 1996.
If you have any questions or would like additional information, please contact this office.
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An Equal Opportunity/Safety Aware Employer
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TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: TIF Projections Informational Only
DATE: March 18, 1996
•
Attached is a copy of the TIF projections that was
distributed previously and is marked "old" . Also, there is
sheet marked "new" which is updated to reflect the pay 1996
taxes of the covered parcels. The difference is a decrease
of about $150, 000 over five years due to changing property
tax capacity and lower tax rates . The deficit of about
$137, 000 shown on the far right column can probably be made
up through interest earnings and left over funds when the
Upper Valley Drainage project is finally closed out .
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SHAKOPEE COMMUNITY ACCESS CORPORATION
REGULAR SESSION MARCH 11, 1996
Meeting was called to order at 8:01 p.m. Members Present: Steve Smith,Don McNeil,
Bill Anderson and Larry Moonen. Barry Stock, Assistant City Administrator, Paul Rein,
Studio Manager and Mark Hammerstrom, Cable Manager were also present.
Mr. Stock stated that new officers should be elected for the Corporation.
Anderson/Moonen moved to nominate Don McNeil as chair for the Commission. There
were no other nominations.
Anderson/Moonen moved that a white ballot be cast for Don McNeil for the chair person
position. Motion carried unanimously.
Anderson/Smith moved to nominate Larry Moonen as vice chair for the Commission.
There were no other nominations.
Anderson/Smith moved that a white ballot be cast for Larry Moonen for the vice chair
person position. Motion carried unanimously.
Paul Rein gave a brief studio managers report. He noted that the moving cost to relocate
the studio was less than$50.00. He commended the volunteers that assisted with the
move. Mr. Rein also stated that he has received notice from ADT Security Systems
requesting payment from cancellation of the security service. Mr. Rein noted that their
was a contract signed by Bill Lepley for a 5 year agreement. Discussion ensued. It was
the consensus of the members that Paul be directed to send a letter to ADT Security
Systems stating that they will not pay the cancellation notice.
Mr. Rein stated that in terms of equipment he would like to purchase a new editing bay.
The estimated cost was$18,000.00. Mr. Moonen suggested that they Corporation wait
until after the national broadcast show to see what technology will be coming on the
market. It was the consensus of the members to wait on any editing bay purchases.
Mr. Rein stated that it would also be beneficial to construct a sound booth in the new
studio. Mr. Anderson stated that a sound booth would be utilized and is a good idea. He
thought that one could be constructed for less than$2,000.00. If was the consensus of the
members present to have Paul research a more accurate cost for the construction of a
sound booth and report back at the next meeting.
Finally, Mr. Rein stated that a computer for the tech controller would also be of value.
Once again,the members suggested that Paul find out more details and to report back at
the next meeting where all equipment purchases can be reviewed.
Mr. Rein stated that two grant applications have been received for broadcasting. The first
application was submitted by Steve Smith for the program entitled"First and Fillmore".
Moonen/Anderson moved to approve the $250.00 grant request for`First and Fillmore"
as submitted by Steve Smith. Motion carried unanimously.
Mr. Rein stated that the second applications was submitted by Joel Cole for the program
entitled"The Sleeping One Awakens". Mr. Rein stated that the program was a dramatic
advertisement for the Communities Arts Council April Festival. Discussion ensued. Mr.
Moonen stated that programming grants for advertisements was not an allowable use of
the grant funds. Steve Smith stated he did not understand why this program would not
receive funding. Mr. Anderson went on to state that it had been a long standing practice
of the Access Corporation to discourage advertising programs on public access. Mr.
Moonen went on to state that if a program is done showing the festival and the activities
going on in the festival that this would be an eligible program grant request. However,to
produce an ad for an upcoming event was not consistent with the grant guidelines or past
practice.
Mr. Moonen suggested that the grant application be re-worked and be re-submitted for
consideration at the Access Corporations next meeting.
The Commission members agreed to select Saturday April 6, 1996 at 9:00 a.m. for their
next meeting. The meeting will be held in the new access studio.
Meeting adjourned at 8:45 p.m.
SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION
REGULAR SESSION MARCH 11, 1996
Members Present: Steve Smith, Don McNeil, Bill Anderson and Larry Moonen. Barry
Stock,Assistant City Administrator, Paul Rein, Studio Manager and Mark Hammerstrom,
Cable Manager were also present.
Mr. Stock noted that since this is the first regular meeting of the new Commission it
would be appropriate to elect a new chair and vice chair.
Moonen/McNeil moved to nominate Bill Anderson as chair for the Commission. There
were no other nominations.
Moonen/McNeil moved that a white ballot be cast for Bill Anderson for the chair person
position. Motion carried unanimously.
Moonen/Smith moved to nominate Don McNeil as vice chair for the Commission. There
were no other nominations.
Moonen/Smith moved that a white ballot be cast for Don McNeil for the vice chair person
position. Motion carried unanimously.
Discussion ensued on the cable franchise ordinance deferrals. Mr. Stock explained that
the original deferrals were approved in 1986. A five year extension of the deferrals was
subsequently approved iri 1991. Mr. Stock noted that in 1991 the cable company agreed
to pay pole rental fees. Mr. Stock stated that pole rental fees are collected by the
Shakopee Public Utilities Commission.
Mr. Stock noted that on March 7, 1996 that he and Cncl Zorn had the opportunity to meet
with representatives from Paragon Cable to discuss the continuation of the deferrals and
the cable company's original position. Mr. Stock noted that after the negotiations the
cable company subsequently agreed to increase their position to what we were presently
receiving. The cable company also agreed to a five year deferral as compared to their
original two year offer. The five year deferral is contingent upon the development of
language that would provide the cable company with an escape clause should another
wired competitor enter our market area. Finally,the cable company agreed to pay the
access corporation$600.00 of unpaid equipment maintenance grant funds.
Chairman Anderson explained some of the history behind the deferrals for the two new
commissioners. He stated that in his opinion the arrangement that had been developed
between the cable company and the City was an excellent working arrangement. Mr.
Anderson also stated that the City's use of cable franchise fees for public access was
consistent with the intent of franchise fees. He applauded the City Council on their
utilization of the fees to promote public access. He stated that the Council Chambers and
the new public access studio were tremendous assets for the City.
Mark Hammerstrom, Cable Manager, stated that the cable company was hesitant to
provide any more for public access because of the potential threat from other cable
competitors. Mr. Hammerstrom went on to state that franchise fees collected by the City
have increased dramatically since the original deferrals. The increase in franchise fees has
more than offset any inflationary adjustments. Mr. Stock noted that in 1988 the City
collected approximately$22,000.00 in franchise fees. In 1995 over$45,000.00 in
franchise fees were collected.
Moonen/Smith moved to recommend to City Council that a public hearing be scheduled to
consider an amendment to the cable franchise ordinance continuing the cable deferrals
through the duration of the franchise. Motion carried unanimously.
Mr. Stock noted that in light of the federal communications act of 1995 and the provisions
that allow telephone companies to access the cable industry, a number of communities
throughout the country are investigating the development of public right of way
ordinances which would impose a fee on telephone companies that would be comparable
to the franchise fees paid by cable operators. The adoption of this type of ordinance
would possibly equalize the fees being applied to cable providers and allow for equitable
competition.
Chairman Anderson questioned whether or not Bloomington, Minneapolis or Burnsville
had adopted ordinances at this time. Mr. Stock stated that at this time he did not believe
any City has actually adopted the ordinance but that the communities mentioned are
investigating it. Chairman Anderson stated that he felt the concept was a good one and
that it should be pursued. However,he questioned whether or not Shakopee should be
the leader in developing such an ordinance. He stated that the communities mentioned
have a greater risk than Shakopee and that they have the financial means to investigate this
type of ordinance thoroughly.
It was the consensus of the commission that further research should be conducted for the
adoption of a final ordinance.
Moonen/McNeil moved to recommend to City Council that the appropriate City officials
be authorized to research and prepare a draft right of way ordinance for tele-
communications and systems. Motion carried unanimously.
Commissioner Anderson questioned the appropriate steps to remove Ken Scannell from
the Commission. Mr. Anderson stated that we do have other individuals who are
interested in serving on the Commission. Mr. Anderson went on to state that he has made
several attempts to reach Mr. Scannell by phone and that his phone has been disconnected.
Mr. Stock stated that the City has also sent several packets to Mr. Scannell with no
•
response. Mr. Anderson stated that the rules of the City of Shakopee specify that if a
member misses two consecutive meetings that they can be removed.
McNeil/Smith moved to request staff to take the appropriate steps to remove Mr. Scannell
from the Commission. Motion carried unanimously.
The meeting adjourned at 8:00 p.m.
# 2-,/
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN April 4, 1996
Chairperson Gayl Madigan Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Recognition by Planning Commission of Interested Citizens.
4. Approval of Consent Agenda- (All items listed with an asterisk(*) are considered to be
routine by the Planning Commission and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner so requests, in which event the
item will be removed from the consent agenda and considered in its normal sequence on
the agenda).
5. * Approval of the March 7, 1996, Meeting Minutes
6. 7:45 P.M. Public Hearing (continued from March 7, 1996, meeting): To consider
the preliminary plat of Pine Woods Addition, located on the south side of County Road 16
east of Roundhouse Circle, across from Shakopee Towing.
Applicant: James and Mary Monnens
7. 7:50 P.M. Public Hearing: To consider the preliminary plat for Pinewood Estates,
located adjacent and south of 4th Avenue and adjacent and west of Shenandoah Drive.
Applicant: Barrington Corp.
8. 7:55 P.M. Public Hearing: To consider the preliminary plat for Prairie Village, located
directly east of the new St. Francis Regional Medical Center
Applicant: Orrin Thompson Homes
9. * Final Plat: To consider the final plat of Meadows West 3rd, located between CSAH 79
and CSAH 77, south of the upper valley drainage ditch.
Applicant: Gold Nugget Development, Inc.
10. * Final Plat: To consider the final plat of Westwind First Addition, located west of Fuller
Street across from Shakopee Civic Center.
Applicant: Jeff Monnens and James Monnens
11. *Final Plat: To consider the final plat of Orchard Park Second Addition, located east of
CR 77 and directly north of the bypass.
Applicant: Laurent Builders, Inc.
12. Other Business
a. Sidewalk/Trail Plan
13. Adjourn
Paul Bilotta
Conununity Development Director
Note to Planning Commission Members:
If you have any questions or need additional information on any of the above items,please call Julie or Shelly on the Monday or
Tuesday prior to the Meeting.
If you are unable to attend the meeting,please call the Community Development Department prior to the meeting.
i s\commde v\boaa-pc\1996\aprO4pc\agenda.pc
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN April 4, 1996
Chairperson Terry Joos Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of March 7, 1996, Meeting Minutes
4. Recognition by Board of Adjustments and Appeals of Interested Citizens.
5. Todd Bladow's Recognition.
6. 7:30 P.M. Public Hearing: To consider an application by Kevin Harms for a variance
to the corner lot setback requirements in the Urban Residential (R1B) Zone.
Applicant: Kevin Harms
Action: Resolution No. 747
7. 7:35 P.M. Public Hearing: To consider an application for a Conditional Use Permit for
an existing mini storage in the Light Industry (I-1) zone, located at Lot 1, Block 1, Clay's
First Addition.
Applicant: Cecil Clay
Action: Resolution No.748
8. 7:40 P.M. Public Hearing: To consider an application for a Conditional Use Permit to
allow the facility located at 536 First Avenue East to be used as a limited service
veterinary clinic.
Applicant: Ronald Gaskin, DVM
Action: Resolution No. 749
9. Other Business
10. Adjourn
Paul Bilotta
Community Development Director
Note to the B.O.A.A.Members:
1. If you have any questions or need additional information on any of the above items,please call Nicole or Shelly on the Monday
or Tuesday prior to the Meeting.
2. If you are unable to attend the meeting,please call the Community Development Department prior to the meeting.
(i:\comomdev\boaa-pc\1996\apro4pc\agenda.boa)
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CM v y sa:
BUSINESS UPDATE FROM CITY HALL
Volume 10 No.4
Dear Chamber Member: April 1, 1996
Administration church or place of worship and approved shared
driveways for the proposed Pine Woods Addition.
A City Administrator selection team comprised of
the Mayor and four residents has been appointed to Planning Commission
assist in the process of identifying a new City
Administrator. The application deadline for the City At its March 7, 1996, meeting, the Planning
Administrator position is April 26, 1996. The Commission recommended to the City Council the
selection team will be responsible for identifying the approval of Westridge Lake Estates 2nd Addition
top five candidates. The top five candidates will Final Plat and Pinewood Estates Planned Unit
Development. The Final Plat of Market Place 2nd
then be interviewed by the City Council. The
and the Final Plat of Horizon Heights 5th Addition
recruitment, selection and appointment process is
expected to be complete by July 1, 1996. were tabled until such time as the outstanding issues
are resolved. The Pine Woods Addition Preliminary
Plat was continued to the April meeting and the
City Clerk Marschall Property Planned Unit Development
application was withdrawn by the applicant.
At their regular meeting on March 12th, the City
Council adopted an ordinance creating two Approval was recommended to the City Council on
additional precincts within the City of Shakopee and the vacation of right-of-way along the west half of
adopted a resolution designating the polling places Cass Street between 3rd Avenue and 4th Avenue.
for these two new precincts. All registered voters
affected by this change will receive mailed Economic Development Authority
notification, advising them of their new polling
place, at least 25 days prior to the September 10th On March 20, 1996 the Shakopee Economic
primary election. !Development Authority met to discuss the Blocks 3
&4 Downtown Project. The Authority heard a
Additional election judges will be needed for the presentation from the consultant who is analyzing
primary and presidential elections this fall. Anyone the potential cost of relocating a structure from
interested in receiving information on the duties of Block 4 to the property behind the Shakopee
an election judge is encouraged to call the City Clerk Library. The consultant analysis will also identify
at 445-3650. costs for rehabilitating the structure and/or
demolition. These cost factors will be used as a
Community Development guide in determining the feasibility of relocating,
rehabilitation or demolishing other structures located
Board of Adjustment and Appeals within Blocks 3 & 4.
The EDA is also currently pursuing the possibility of
At its March 7, 1996, meeting, the Board of
Adjustment and Appeals approved a conditional use working with the Scott County Housing and
permit to allow an existing facility to be used as a Redevelopment Authority to facilitate a
development project on Blocks 3 &4. The
possibility of a joint powers agreement between the Public Works crews began plowing snow at 4:00
Shakopee EDA and the Scott County HRA is being a.m. on Monday in"white out" conditions. After
discussed. The Shakopee EDA approved allocating more than 12 hrs. of plowing, the City streets and
$7500 towards the cost of a retail market analysis alleys were open to traffic.
for the property located within Blocks 3 &4. The
Scott County HRA is also being requested to Park & Recreation
allocate $7500 towards the analysis. The market
analysis will be useful in determining the feasibility The Shakopee Parks and Recreation and Community
of commercial/retail development on Blocks 3 &4 Education Spring and Summer Brochure was
and the magnitude of the development recently mailed to all school district residents. In the
recreation section, there is information about
Engineering/Public Works summer youth and adult baseball and softball
programs,tennis, golf and swimming lessons, sports
Engineering will be opening bids for the camps, playground events, summer track meets, t-
construction of 17th Avenue and Sarazin Street at ball, nearball, community center activities, picnic
the new St. Francis Medical Campus site on April shelter rentals, trips and tours and membership rates
10, 1996. for the community center and outdoor pool. Extra
copies of the brochure are available at City Hall and
The Engineering Department is designing the 1996 the Community Center.
Street Reconstruction and is planning on
construction to begin by mid June of this year. The Police
streets included in this project include Shakopee Ave
-Holmes to Main St., 7th Ave. -Fuller to "Students Stop Guns" is an initiative for gun-free
Sommerville, 5th Ave. -Holmes to Spencer and schools. The goal is to reduce the appeal of guns
Naumkeag and Fillmore Streets between 1st and 2nd and empower kids to keep guns out of their schools.
Avenues. A tip line has been established for students to
anonymously report guns in school. The tip line is
Staff presented a feasibility report for the being promoted through a student-directed
ssvenstruetion of Gorman Street to City Council on awareness campaign, including in-school posters,
March 19, 1996. Council decided to able the and print, radio and television advertisements.
motion for a public hearing on this project due to "Students Stop Guns"was introduced Friday, March
possible legislation at the State government .1st. Students can call MN Crime Stoppers'
"Freezing" property taxes. The"Freezing" of anonymous tip line to report information about guns
property could have an impact on the amount of in school. Crime Stoppers will work directly with
construction projects the City builds. Which are school liaison officers and school principals to share
dependent on the City tax levy. descriptions about the suspected student and guns.
"Students Stop Guns" has numerous project
Feasibility reports are being prepared for the partners.
following projects: 10th Ave. Storm Sewer and
Overlay Project from Marschall Road East to Automated firearms training was conducted on
Shakopee Ave. Maras Street, and a sanitary trunk February 27th and 28th. F.A.T.S. is a computer
sewer line to serve the properties South of the new system that projects real-life shoot/don't shoot
St. Francis Campus and North of Valley View Road. scenarios on to a screen, asking officers to make
shooting decisions. The officer's reaction is
On Sunday March 24th and Monday March 25th, evaluated and discussed at the end of each scenario.
the City of Shakopee's Public Works was faced with
the largest snowstorm of the 95' -96' winter. The
April 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
7 8 9 10 11 12 13
5:00 PM Workses-
sion-City
Council
14 15 16 17 18 19 20
7:00 PM City 6:00 PM Econom-
Council is Development
Authority
21 22 23 24 25 26 27
7:00 PM Park and
Recreation
(Comm.Center)
28 29 30
March May
SMTWTFS SMTWTFS
1 2 1 2 3 4
3 4 5 6 7 8 9 5 6 7 8 9 10 11
10 11 12 13 14 15 16 12 13 14 15 16 17 18
17 18 19 20 21 22 23
24 25 26 27 28 29 30 19 20 21 22 23 24 25
31 26 27 28 29 30 31
Printed by Calendar Creator Plus on 3/28/96
MEMO TO: Barry Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: County's Response Letter to Additional Street
Lights on Marschall Road
DATE: March 26, 1996
MEETING DATE: April 2, 1996
NON-AGENDA INFORMATIONAL ITEM:
Attached to this memo is the County's response in regard to additional street lighting on
Marschall Road as previously directed by Council to investigate. As per the County's
letter, the County does not install lighting for the purpose of lighting sidewalks or trails
but their policy is more specifically for lighting the intersections in which there is enough
traffic volume on each leg of the intersection to warrant a street light. Street lights do
exist on most major intersections on Marschall Road. Staff has requested a cost estimate
from Shakopee Public Utilities Commission for the purpose of additional street lights on
Marschall Road. It is anticipated that these cost estimates will be completed within the
next two to three weeks. This memo is intended to provide Council with an update on the
issue of additional street lights on Marschall Road.
BL/pmp
LIGHTS
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
JCOITT 600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339 �-
� .
GARY L. CUNNINGHAM (612)496-8346 v A4�T e
COUNTY ADMINISTRATOR 1 Fax:(61 365
BRAD CARSON Z 1996
$
ASSOCIATE ADMINISTRATOR
e/
March 8, 1996
e
David Nummer
Staff Engineer
129 Holmes Street S.
Shakopee, MN 55379
Re: Street Lights - CSAH 17
Dear Dave:
This is in response to your letter of February 26, 1996 concerning continuous street lighting
along CSAH 17 (Marschall Road) between 1st Avenue and 10th Avenue. Scott County
Highway Department's policy is to participate in street lighting only at intersections where
a street light has been determined to be warranted and justified. Continuous street or
sidewalk lighting between intersections would be the responsibility of the City.
Should the City desire to install continuous lighting, two items need to be addressed. First,
if the lighting is for illuminating the roadway, it must be designed to meet roadway lighting
standards. Lighting for sidewalk illumination only is not a concern. Secondly, an approved
utility permit is required.
Please do not hesitate to contact us if you need additional information.
Sincerely,
Vtris
Bradley J. Larson, P.E.
County Highway Engineer
BJUjkf
c: Gary Cunningham, County Administrator
An Equal Opportunity/Safely Aware Employer
MEMO TO: Barry Stock,Acting Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Shakopee Bypass Projects for 1996
DATE: March 26, 1996
MEETING DATE: April 2, 1996
NON-AGENDA INFORMATIONAL ITEM:
The Public Works Director has received preliminary plans for traffic control signals on
the Shakopee Bypass Project for the intersections of Marschall Road and County Road
(C.R.) 83 and also has received the paving plans and street lighting plans for this project.
Staff would like to point out that in the traffic control signal plans, an emergency vehicle
preemption (EVP) system is proposed to be installed at the intersections of C.R. 17 and
C.R. 83. The Engineering Department has contacted the Police and Fire Departments on
their desires for an EVP on these signals at these locations and both the Fire Chief and
Police Chief have responded positively for this installation.
An EVP system allows emergency vehicles such as fire trucks or police vehicles to
preempt the signal at these intersections in order to improve response time to an
emergency. Cost of the EVP units is estimated to be $10,000.00 per intersection in which
Mn/DOT would ask the City to participate at a cost of $1,000.00 per intersection. In
addition to the EVP cost participation, the City, Shakopee Public Utilities and Mn/DOT
will need to enter into an agreement to provide the power, maintenance and operational
structure for these signals within the City limits of Shakopee. Staff is currently working
on this agreement and will be presenting to Council as soon as Mn/DOT has completed
the agreement.
BL/pmp
EVP
MEMO TO: Barry Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Proposed Construction Projects in 1996
DATE: March 27, 1996
MEETING DATE: April 2, 1996
NON-AGENDA INFORMATIONAL ITEM:
On March 21, 1996 I attended a Scott County open house on proposed Mn/DOT and
County projects which would affect the Scott County regional area. At this meeting
County projects for 1996 were discussed and the following projects are proposed to be
implemented by Scott County for this year:
• CSAH 17, from 1st Avenue to the Shakopee Bypass Pavement Tie In - This project
will consist of a milling and overlaying of bituminous pavement in order to restore
the bituminous pavement to a new condition. The exact timing of this project will
depend on coordination with the Shakopee Bypass hauling operations to minimize
damage of the future of the restored pavement.
• Traffic Control Signals at CSAH 17 and C.R. 78- This traffic signal will be installed
some time during the summer months and should be operational this fall.
• Completion of C.R. 16 - The contractor has had a preconstruction meeting for this
year and is scheduled to begin operations as soon as the weather permits. Staff has
asked for maps showing the overall County construction program for 1996 in Scott
County and from Mn/DOT showing the construction program for the entire seven
County Metro area. These maps will be sent to the Engineering Department and will
be available for review upon request.
This memo is for informational purposes only to indicate the construction work that will
be occurring in the City of Shakopee in 1996.
BL/pmp
CONST
jl
GOALS & OBJECTIVES -March 26, 1996
1. Downtown Blocks 3 & 4 -Final Plan
2. Fire Station-Location/Structure Specs/Funding
3. Budget
4. Met Council Initiatives (Mayors Conference)(MUSA)
5. Building Department Staffing.
6. Scott County Campus Project Planning and Impact
7. Employee/Staff Incentives/Customer Service
8. Establish Office of Economic Development Coordinator
9. Adopt Telecommunication Ordinance&Establish Fees w/SPUC
10. Scheduled semi-annual meetings with School officials and County officials.
11. Review and Enforce the City Enforcement Code.
12. Joint Powers Agreement with School District re: use of facilities and fee
structures.
13. Lack of flexibility in our Zoning Ordinance re: private streets, buffering
on residential/commercial zones, and variances.
14. Reevaluating the personnel handbook as it relates to appointment
(Selection and Hiring).
15. City Parks Planning
16. Downtown River Stabilization(Park Development)
17. Bring the Governing of City Government back to the Elected Officials.
(Initiate our own hiring policy.)
18. City Hall Reorganization Study
19. Recreation Department- specifically the procedures for scheduling the
use of facilities.
20. Financial Reporting - Simplified Cost and Account Status
21. Community Communications -Forums/Newsletters/Internet/Cable/Access
22. Major Review of User Fees
23. Long Term Project Timelines/Project Management
24. Promote Community Derby Days, Chamber Commerce&
Civic/Recreation Center
25. Study Expansion of Recreation Center, Pool, Racquet Ball& Sauna
26. Police Officer Residency Req. - Special Legislation
MEMO TO: Mayor and City Council
FROM: Barry A. Stock, Assistant City Administrator
RE: Shakopee Transit Program-Non-Agenda Informational
DATE: March 27., 1996
INTRODUCTION:
On March 5, 1996 Councilmember DuBois requested additional information
regarding the City of Shakopee's Transit Program.
BACKGROUND:
In 1983 the City of Shakopee contributed$231,603.00 to the Metropolitan Transit
Taxing District. In return it was estimated that the City received approximately
$36,000.00 worth of service from the MTC. The service consisted of two peak A.M.
routes to downtown Minneapolis and two peak P.M. return routes to Shakopee.
Recognizing that an inequitable tax situation existed,the City of Shakopee began
in the fall of 1983 to investigate their eligibility for financial assistance as provided under
the Metropolitan Transit Service Demonstration Program(more commonly known as Opt-
out). On April 11, 1984 the City of Shakopee's opt-out application was approved.
The approved application granted the City of Shakopee with financial assistance to
design and operate our own public transit service program. The financial assistance for
Shakopee's transit program would be provided through their annual property tax
contribution for transit. Under the opt-out legislation, 90% of an eligible cities transit
property tax contribution could be reimbursed to the City. The agency responsible for
reimbursing the City for transit expenditures is the Metropolitan Council.
Each year the City of Shakopee is required to submit a transit management plan
and budget to the Metropolitan Council outlining the scope of services to be provided and
estimated costs. Attached is the City of Shakopee's 1996 Transit Management Plan and
Budget.
The City contracts out nearly all aspects of our transit program. Southwest metro
administers our Dial-A-Ride Program and fixed rate service. The Vanpool Program is
managed by City staff All vans are leased from VanPool Services, Inc.
Currently the opt-out legislation provides no incentive for communities to spend
less than their 90%property tax allocation. In other words, if the City spends less than
the allocation amount, it is captured by the Metropolitan Council and distributed to other
transit agencies. This year,the City of Shakopee joined the Suburban Transit Association
in an effort to lobby the legislature to change this structure. At this time, it is unclear
whether or not we will be successful in our legislative attempts.
If Council requires additional information or has any questions regarding the
materials provided herein, please feel free to call me at 496-9662. I would also be happy
to meet with Councilmembers on an individual basis at any time to discuss in greater detail
the dynamics of our transit program.
BAS/tiv- Tami/Word/Admin/Transit
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Date: March 26, 1996
To: SWCC Members
City/County Staff,
Elected Officials
Metropolitan Council Representatives,
John Boland,
Interested Parties
From: Paul Moline,Carver County Planner
SOUTHWEST COMMUNITIES COALITION
REGIONAL GROWTH OPTIONS
DISCUSSION
Tuesday April 23, 1996
1:00-3:00 PM
CITY OF CHANHASSEN RECREATION CENTER
2310 Coulter Blvd.
(intersection of Hwy. 5 and Galpin Blvd.)
AGENDA
1. Introduction
2. Presentation of Regional Growth Options -Metropolitan Council Staff
There are currently three Regional Growth Options being considered by the Council. Staff
will present and explain the different scenarios.
3. Impact on Southwestern Communities-Discussion
The purpose of this meeting is to give an opportunity to local governments in the SW metro
area to comment on the Growth Options. The Met. Council is planning on making a
decision on this issue in July 96, and is seeking input from those affected by this regional
growth policy. The meeting is intended to provide an open forum to ask questions and
discuss these issues.
___
WIG
Memo to: Acting City Administrator, Barry Stock
From: Mark McQuillan, Parks and Recreation Director
Re; Future Park Property South of the Shakopee By-Pass (Non-agenda Item)
Date: March 28, 1996
INTRODUCTION
Staff is requesting the City Council to exclude or, at least delay, the decision to include
the Ames property within Metropolitan Urban Service Area(MUSA). Refer to map
attached to this memo.
BACKGROUND
As projected growth of the City encroaches south of the Shakopee By-Pass, the need for
additional parkland will be imperative. Most of the existing parks are located north of the
By-Pass.
The next targeted area for development is Staging Area H(Attachment A)which is south
of the By-Pass and east of County Road 17. The City's Comprehensive Plan identifies
this staging area primarily for residential and commercial development. The Comp. Plan
also identifies a community park in this area. The park will be used for intense
recreational activities such as athletic fields and/or swimming pool. The Metropolitan
Recreation Open Space Guidelines recommends having 25-50 acres of land. The Five
Year Parks Capital Improvement Program identifies $450,000 from the Capital
Improvement Funds to be used in 1996 to acquire land for parks south of the By-Pass.
The Shakopee School District has also shown an interest in placing an elementary school
in this area. City parks and school playgrounds have generally been located on adjacent
sites to maximize the sharing of facilities and equipment For example, Lions Park is
adjacent to Sweeney School, Stans Park and the Community Center are located adjacent
to the Senior High School and Scenic Heights Park is adjacent to the Junior High School.
Staff will be meeting with school officials next week to review their long-range needs.
Why should the City NOT place the Ames property within MUSA right now?
• The Ames property is about 105 acres in size (Attachment B). The City and School
District will need a combined 50-65 acres.
• The Ames property is centrally located between CR17 and CR83; an ideal place to
have a school and park. The park/school will be surrounded by mostly residential
housing.
• The land is fairly flat which makes it easier to build on and use for athletic field
purposes.
• If the property is ideal for park and school purposes,then it also ideal for residential
development. Therefore,the land should be purchased now before it is sold to
developers.
• If the MUSA line is extended to the Ames property, the cost of land could increase by
as much 20% which will make it more difficult to acquire later.
Staff will be coming back to the next City Council Meeting with a specific
recommendation...
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 12, 1996
Mayor Jeff Henderson called the meeting to order at 7:17 P.M. with Councilmembers Jane
DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Karen Marty, City
Attorney; Barry Stock, Acting City Administrator; Karen Marty, City Attorney; Judith S. Cox,
City Clerk; Paul Bilotta, Community Development Director; Bruce Loney, Public Works
Director/City Engineer; and Dave Nummer, Staff Engineer. Also present were members of the
Economic Development Authority: Mark Miller, Gary Morke, and Deb Amundson.
The following item was deleted from the agenda: 11o) TIF District Number 6.
Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously.
Mayor Henderson read and presented Resolutions of appreciation to those present who have served
five years or more on a City board or commission for those whose terms expired the end of
February.
Link/Zorn offered Resolution No. 4409, A Resolution of Appreciation to Jon Albinson, and moved
its adoption. Motion carried unanimously.
Zorn/Sweeney offered Resolution No. 4410, A Resolution of Appreciation to Nancy Christensen,
and moved its adoption. Motion carried unanimously.
DuBois/Zom offered Resolution No 4411, A Resolution of Appreciation to Bill Harrison, and
moved its adoption. Motion carried unanimously.
Zom/Sweeney offered Resolution No. 4412, A Resolution of Appreciation to James Bastyr, and
moved its adoption. Motion carried unanimously.
Sweeney/Zorn offered Resolution No. 4413, A Resolution of Appreciation to Paul Ten Eyck, and
moved its adoption. Motion carried unanimously.
DuBois/Sweeney offered Resolution No. 4405, A Resolution of Commendation to Greg Voxland
and the Finance Department Staff, and moved its adoption. Motion carried unanimously.
Liaison reports were given by Councilmembers.
Mayor Henderson gave the Mayor's report.
Mayor Henderson asked if there was anyone in the audience who wished to address the Council on
any item not on the agenda. There was no response.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -2-
Zorn/DuBois moved to approve the Minutes of February 13, 20, and 27, 1996. Motion carried
unanimously.
Cncl. Link reported that several property owners living off of County Road 79 in the new
subdivisions have expressed concern for the speed of traffic and would like the Council to request
that the County reduce the speed limit from the bypass into Shakopee to 30 mph.
Mr. Loney reported that a speed reduction has already been requested and a speed study would
need to be conducted by the County. He stated that the County has indicated that they would like to
wait to reduce the speed limit until the completion of the bypass.
Police Chief Steininger approached the podium and stated that he has been working with the City
Engineering Department to lower the speed limit in this area. He attributed a reliance on the 85th
percentile for qualification. It has been requested that more weight be given to the number of
residents in the area. The County and State must both agree on reducing the speed limit. He
reported that there is access to additional laser radar.
The public hearing on the vacation of easements within vacated Pierce Street between 3rd and 4th
Avenues was opened by Mayor Henderson.
Paul Bilotta reported that the Planning Commission recommended approval of the vacation with the
condition that the appropriate Resolution be prepared when an accurate legal description is received
for the area being rededicated.
There being no one in the audience who wished to comment an no further discussion, the public
hearing was closed.
Zorn/Link moved to approve the vacation request and direct staff to prepare the appropriate
resolution for the vacation of easements within vacated Pierce Street between 3rd and 4th Avenues.
Motion carried unanimously.
Barry Stock reported that a number of questions have arisen regarding the relocation process and
the payments being made for properties in Blocks 3 and 4 and that Mr. Ken Helvey from Conworth
Inc. was present to discuss the legal requirements associated with the relocation process and to
answer questions.
Mr. Ken Helvey, Conworth Inc., approached the podium and reviewed the legal requirements for
the relocation process for residential tenants, businesses, and owner-occupied buildings. He
discussed the payments and how they are calculated.
Shawn Engleson, Conworth Inc., approached the podium and explained the homeowner claims
process governed by the Federal Relocation Act.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -3-
Sweeney/DuBois moved to remove discussion of the Rural Versus Urban Tax District from the
table. Motion carried with Cncl. Zorn opposed.
Greg Voxland reported that nothing has been found to indicate how long the rural tax district would
continue but that there was a provision in the 1967 ordinance to provide for closing the district after
ten years. He reviewed factors in favor of reconsideration and alternatives. Mr. Voxiand stated that
this is a policy decision and staff has no specific recommendation other than the criteria of "open
and rural in nature" is vague and should be clarified. He recommended modifying the criteria to
tighten eligibility and have a ten year closure date.
Mayor Henderson asked if anyone in the audience wished to speak on this item.
Harry Weinandt, 1259 Maxine Circle, approached the podium and asked the Council to consider
how this affects those involved.
Discussion ensued relating to how taxes are computed.
Elmer Marschall, 1356 E County Road 78, approached the podium and discussed the inability of
farmers in Shakopee or Prior Lake to compete with the rest of the County because of taxation. He
stated that until farmlands cease to be farmlands they should be protected as farmlands.
Harold Schneider, 3300 Valley View Road, approached the podium and asked if taxes are
increased, how much more per acre would he have to pay.
Discussion ensued relating to equalization of taxes with 99 percent of the County.
In comparing REA to SPUC, Mr. Schneider stated that he believes the City is making money on
electric bills.
Discussion ensued relating to Shakopee Public Utility rates.
Mayor Henderson explained that this issue came about because of taxing irregularities compared to
other cities in Scott County.
Sweeney/DuBois moved to direct staff to prepare an ordinance eliminating the rural tax district.
Discussion ensued relating to the status of properties.
Mr. John O'Loughlin, 2988 Valley View Road, approached the podium and stated that he would be
taxed on the way he makes his living.
Discussion ensued relating to a tax phase out over a number of years.
•
Official Proceedings of the March 12, 1996
Shakopee City Council Page -4-
Motion failed with Cncl. Sweeney in support of the motion.
DuBois/Zorn moved to phase out the rural taxing district over the next five years at 1/5 each year
to the year 2001 (taxes payable in 2001) when it would be completely phased out.
Sweeney/DuBois moved to amend the motion to include modifying the criteria for inclusion in the
rural taxing district to include: classified agricultural by assessor, open and rural in nature, tilled
for farm crops or seeded, not platted for development, not adjacent to a developed parcel/area and
outside of the MUSA area. Motion carried unanimously.
Motion carried on original motion as amended with Cncl. Link opposed.
Karen Marty explained that when the Tobacco Ordinance was adopted the City Council debated at
length regarding prohibiting sales from vending machines entirely. The City Council also
structured the penalties for sales to minors; increasing for each violation within a 12-month period.
She appraised the Council of recent violations of the ordinance involving sales from vending
machines and sales from store clerks. The store clerks were issued tab charges and will be
appearing in court. She asked the Council if they wished to conduct the violation hearings
themselves or appoint a committee or hire a hearing examiner to conduct the hearings. The Council
may also want to consider whether to hold the hearings before or after the criminal charges have
been concluded. Discussion followed.
Sweeney/DuBois moved to direct staff to inform the violators of the Tobacco Ordinance that the
City Council will be holding hearings, on a schedule to be determined. Motion carried
unanimously.
Sweeney/Zorn moved to direct staff to inform the tab charge violators of the Tobacco Ordinance
that the City Council will be holding hearings after the applicable store clerks' criminal charges
have been concluded. Motion carried unanimously.
Ruth Mosser, Shakopee resident, approached the podium and recommended the elimination of
vending machines entirely as the compliance checks show easy access to minors.
Discussion ensued relating to enforcement of the ordinance by revoking machine licenses.
Julie Woodruff, Minnesota ASSIST member, approached the podium and reported accompanying
youths on compliance checks and spoke in support of the elimination of vending machines.
Discussion ensued relating to the enforcement and education of the new ordinance.
There was a consensus of Councilmembers not to prohibit the sales of tobacco from vending
machines at this time.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -5-
Mayor Henderson recessed for a break at 8:56 P.M.
The meeting re-convened at 9:08 P.M.
Karen Marty reported that a proposed agreement giving Sprint permission to enter onto City
property, to test a water tower site to determine whether an antenna could be installed on one of the
water towers, is acceptable.
Sweeney/Link moved to authorize the appropriate City officials to enter into an Entry and Testing
Agreement with Sprint Telecommunications.
Matt Boles, SBA, approached the podium and used pictures to show the size and appearance of the
equipment to be used.
Motion carried unanimously.
Sweeney/Zorn moved to remove discussion of the Assistant Facility Manager/Recreation
Programmer Position Appointment from the table. Motion carried unanimously.
Zorn/DuBois moved that City staff be directed to take the following actions with regard to the
following City employee positions and personnel:
1. The position and title of Recreation Supervisor is to be eliminated.
2. The position of Parks and Recreation Director is to be established.
- Position to be filled by Mark McQuillan
- Position points to be 87
- Position is exempt status (8%)
- Reports to City Administrator
- Pay scale shall be Step 2 of the position classification
-Following satisfactory completion of six month probationary period will receive step
increase to Step 3
3. The position of Recreation Superintendent shall be renamed Recreation Facilities Manager,
Assistant Parks and Recreation Director.
- Position to be filled by Ron Stellmaker
- Position points remain at 87
- Reports to the Parks and Recreation Director
- Pay scale will remain at that which he is now receiving
4. Appropriate job descriptions for above positions will be developed by staff along with
organization charts and a mission and functions manual to be submitted for approval to City
Council within 30 days.
5. These changes are to be effective immediately.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -6-
Bob Loonen, 2344 Berg Drive, approached the podium and stated that this process has involved
insider politics. He expressed his concern with the process. He asked the City Council to exercise
caution in this process.
Discussion ensued relating to the duties of the Recreation Supervisor.
Gary Morke, 1042 Merrifield Street, approached the podium and reported that five candidates
were interviewed and asked for clarification on why the top two were passed over.
Cncl. Sweeney explained that that position was for the Assistant Facility Manager and not related to
the motion on the floor.
Rhonda Melchior, 1694 13th Avenue W, approached the podium and asked what the salary range is
for the position. Cncl. Zorn stated that the range is $40,857 - $48,067.
Ms. Melchior asked if a job description had been developed for this position, and if not, how could
a salary range be determined for a position with no job description and job duties that fall in line
with the position. Cncl. Zorn explained that in order to keep Mr. McQuillan's pay slightly higher
than Mr. Stellmaker's he was given the grade of 87. The position of a Park and Recreation
Director is being created.
Because a position is not created based on a salary range and points established later, Cncl. Zorn
stated that he had no problem removing the position points from Mark McQuillan's position from
the motion.
Discussion ensued relating to Mr. Stellmaker's duties and qualifications.
Cncl.Zorn stated that Mr. McQuillan runs a community service and Mr. Stellmaker runs a profit
organization. His proposal was to fast track the process and make it so that Mr. McQuillan would
report to the City Administrator not the Assistant City Administrator.
Cncl.DuBois explained that Mr. McQuillan is an 18 year employee with almost a masters degree in
recreation and that he is qualified for the position.
•
Cncl.Sweeney expressed his opposition to deviating from the City's personnel policy. He said that
Councilmembers should be careful not to address individuals. This is a procedural issue.
Mayor Henderson explained that a decision must be made as to what to do with the structure of the
Park's and Recreation Department. He stated that the Council will be evaluating the structure and
thanked everyone for their comments.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -7-
Mayor Henderson explained that the creation of a pay status without a job description is a
compliance problem and suggested striking the exempt status and the pay scale.
Zorn/DuBois moved to amend the motion by dropping the position points, which will then be
determined by an analysis of the job description when provided. Motion carried with Cncl.
Sweeney and Henderson opposed.
The main motion as amended carried with Cncl. Sweeney and Henderson opposed.
Mayor Henderson recessed at 10:08 P.M. for a break.
The meeting re-convened at 10:20 P.M. with Cncl. Zorn absent.
Sweeney/DuBois offered Resolution No. 4406, A Resolution of the City of Shakopee, Minnesota,
Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings
in Eminent Domain and moved its adoption. Motion carried unanimously with Cncl. Zorn absent
for the vote.
Sweeney/DuBois moved to direct the City Attorney to obtain a cost reimbursement agreement from
Pioneer Engineering for the drainage easements identified in Resolution No. 4406. Motion carried
unanimously with Cncl. Zorn absent for the vote. Staff was directed to obtain the reimbursement
agreement prior to commencing the eminent domain proceedings.
Cncl. Zorn returned to his seat.
David Nummer reported that a portion of the T.H.300 roadway that Mn/DOT intends to tumback
to the City as a City street is in Jackson Township and that it would have to be annexed to the City
in order for the turnback to occur.
Sweeney/Zorn moved to schedule a meeting with Jackson Township to discuss an on-going
annexation procedure. Motion carried unanimously.
Zorn/Sweeney moved to accept the letter of resignation from David Nummer, Staff Engineer, with
regrets. Motion carried unanimously.
DuBois/Sweeney moved to terminate Paul Bilotta's, Community Development Director,
probationary status. Motion carried unanimously.
Barry Stock reported that several questions regarding handicap accessibility to the walking track at
the community center have been received. He explained that it was a conscious decision by the
Design Team not to make the upper level walking track handicap accessible since the lower gym
perimeter could also be utilized for walking. He also stated that the intended requirements of the
Official Proceedings of the March 12, 1996
Shakopee City Council Page -8-
ADA were met and that whether or not the Council desires to do more is a policy decision for
Council consideration. Karen Marty stated that she is satisfied that the ADA requirements are
being met.
Discussion ensued relating to elderly access to the upper walking track.
Cncl. Zorn moved to table this issue. Motion failed for lack of a second.
Discussion ensued relating to compliance with the ADA requirements should a formal complaint be
filed.
Zorn/Sweeney moved to table the issue relating to the community center walking track accessibility
issue until staff has had time to explore the Council's concerns. Motion carried unanimously.
Zorn/Link moved to authorize the appropriate City officials to execute the Transit Services Funding
Assistance Agreement by and between the Metropolitan Council and the City of Shakopee. Motion
carried unanimously.
David Nummer reported on the results of warrant studies for a number of intersections and that
none of the intersections meet the requirements for a multi-way stop sign installation.
Zorn/Sweeney moved to direct staff to install stop signs on the minor street approaches to 10th
Avenue, between Marschall Road and Shakopee Avenue, and on 10th Avenue at the intersection
with Shakopee Avenue. Motion carried unanimously.
Zorn/Sweeney moved to direct staff to remove the yield signs on Dakota Street at Shakopee
Avenue and replace them with stop signs. Motion carried unanimously.
Barry Stock reported that Country Collections and Sports Studio have only verbal agreements and
that the leases prepared by the City have terms that are consistent with their current arrangements.
($830.00/mo. for Country Collections, 213 E. 1st and $240.00/mo. for Steve Lebens, 213 1/2 E.
1st)
Sweeney/DuBois moved to authorize the appropriate city officials to negotiate and enter into lease
agreements for properties being purchased by the City in Blocks 3 and 4. Motion carried
unanimously.
Zorn/Link moved to approve the bills in the amount of$343,660.05. Motion carried unanimously.
Zorn/Link moved to prequalify the consulting firms of WSB & Associates, Inc., MSSA Consulting
Engineers, Inc. and Bolton & Menk, Inc. as needed for a three year term. Motion carried
unanimously.
Official Proceedings of the March 12, 1996
Shakopee City Council Page -9-
Karen Marty reported that St. Francis Regional Medical Center has agreed to reduce the liquidated
damages to their actual damages for the delays relating to the installation of utilities to the new
medical campus. In order to accomplish this, an amendment to their Agreement with the City and
Shakopee Public Utilities Commission is necessary.
Sweeney/Link moved to authorize the appropriate City officials to enter into Addendum No. 2 to
the Agreement between St. Francis Regional Medical Center, Shakopee Public Utilities
Commission, and the City. Motion carried unanimously.
Sweeney/Zorn moved to direct staff to initiate the hiring process for a Planner II with the intent that
if there are good candidates a second Panner be seriously considered. Motion carried
unanimously.
Sweeney/DuBois moved to respectfully inform the Scott County Red Cross that the City of
Shakopee is not interested in leasing out the recreation department space at this time. Motion
carried unanimously.
Zorn/Sweeney directed staff to notify the Scott County Red Cross that the City is extremely
interested in their remaining in the City, but not within the city office building. Motion carried
unanimously.
Sweeney/Zorn offered Resolution No. 4403, A Resolution Amending Resolution No. 4365, A
Resolution Setting Fees for City Licenses, Permits, Services and Documents, and moved its
adoption. Motion carried unanimously.
DuBois/Link offered Ordinance No. 448, An Ordinance of the City of Shakopee, Minnesota,
Amending City Code Chapter 2, Administration and General Government, by Repealing Sec. 2.20,
Precinct Boundaries, and Adopting One New Section in Lieu Thereof, Relating to the Same
subject, and moved its adoption. Motion carried unanimously.
Zorn/Link offered Resolution No. 4407, A Resolution Designating Seven Polling Places for All
Election Precincts In The City of Shakopee, and moved its adoption. Motion carried unanimously.
Bruce Loney reported that the plans are complete for 17th Avenue and Sarazin Street Improvements
and that right-of-way acquisition is necessary for two properties.
Link/Sweeney offered Resolution No. 4414, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for 17th Avenue, From County State Aid Highway 17 To Sarazin
Street and Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1, and
moved its adoption. Motion carried unanimously.
Official Proceedings ings of the March 12, 1996
Shakopee City Council Page -10-
Bruce Loney reported that six bids were received for the Collector Street Construction for Vierling
Drive, from C.R. 79 to C.R. 77, as well as Alternate A (concrete box culvert with concrete cast in-
place headwall) and Alternate B (precast concrete box culvert end sections) bids. Mr. Loney
explained the two alternates and stated that the cast in place is more suitable for an urban setting.
Zorn/DuBois offered Resolution No., 4396, A Resolution Accepting Bids on Vierling Drive, from
County Road 79 to County Road 77, Project No. 1995-6 and moved its adoption (including
Alternate A). Motion carried unanimously.
Mayor Henderson recessed at 11:30 P.M. for a break.
The meeting re-convened at 11:35 P.M.
Zorn/DuBois moved to approve a contingency in the amount of 10 percent for use by the City
Engineer in authorizing change orders or quantity adjustments on the 1995-6 Vierling Drive
Project. Motion carried unanimously.
Zorn/DuBois moved to authorize the appropriate City officials to execute the authorization letter
from Orr-Schelen-Mayeron & Assoc. to provide structural construction services on the concrete
box culvert for the 1995-6 Vierling Drive Project. Motion carried unanimously.
Barry Stock reported that the elimination of non-resident fees for spring and summer programs
offered at the community recreation center will allow the promotion of programs to a wider service
area and would generate additional revenue during the summer months.
Sweeney/Zorn offered Resolution No. 4408, A Resolution Amending Resolution No. 4365,
Adopting the 1996 Fee Schedule (thereby waiving non-resident fees for community center offered
programs between the months of April through August), and moved its adoption. Motion carried
unanimously.
Mr. Stock identified topics for City Council work sessions and asked that dates be set for future
meetings.
DuBois/Link moved to set a work session for March 26th at 5:00 P.M. Motion carried
unanimously.
Zorn/Sweeney moved to set a work session for April 9th at 5:00 P.M. to discuss the fire station site
selection. Motion carried unanimously.
There being no other business to come before the City Council, Mayor Henderson adjourned the
meeting 1: P
M. v/ixt,1:01k d
i S. Cox, CityL*
th r Ten Eyck, Recording Secretary
Mfg 29 '96 1550 t: , P.1/1
HISTORIC
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Living klistozy Village of the I8009 ;
21V East Agway 101.Askew.kti V379
Plow(612)445.6901Pay;(6120 Vii►
March 29, 1996
Judy Cox
City of Shakopee
129 South Holmes Street
Shakopee,Mn 55379 •
Dear Judy:
I have an issue which I would like to bring before City Council on Tuesday April 2. This is
concerning an agreement between Murphy's Landing and Holiday In Lights owned by SRO
Productions, Murphy's Landing would like permission to give SRO Productions a license to
operate the Holiday In Lights event at the Lauding: A copy of the
proposed agreement is
enclosed. I have also sent a copy to city attorney,Karen Marty for her review.
Thank,you for your consideration. Please feel free to contact me if you have further questions.
•
Sincere
•
hirley 01 . . --
Executive
_Executive Director
MEMO TO: Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Cable Franchise Ordinance Deferrals
DATE: March 26, 1996
INTRODUCTION:
The five year deferral period for certain activities which were originally to be provided by the
cable company expires on April 1, 1996. The cable operator is requesting that the deferrals be
continued for a two year period. In order to continue any deferrals, an amendment to the cable
franchise ordinance will be necessary. A public hearing is also required to amend the Cable
Franchise Ordinance. The Shakopee Cable Commission met on March 11th to discuss this issue.
They are recommending that the deferrals be continued for an additional five years.
BACKGROUND:
On March 19, 1986 the Shakopee City Council approved Ordinance No. 192. This ordinance
formally amended the Cable Franchise Ordinance granting a five year extension of the franchise
term and a five year deferment of the following activities which were originally to be provided by
the cable company:
1. Pole rental fees;
2. Public access and local programming equipment, support and funding;
3. Institutional Network Capacity and Services;
4. Any other capital expenditures specifically not addressed by the franchise amendments.
When the cable franchise deferrals were considered in 1986, the City imposed several conditions
on the cable company in exchange for the approval of the franchise ordinance amendments.
These conditions included the following and were specifically addressed in the access support
agreement between the Access Corporation and the City of Shakopee.
1. The development and execution of an agreement between the Community Access
Corporation and the Cable Company for public access programming and service.
2. Payment of funds in the amount of$5,000 to the Shakopee Access Corporation for public
access studio equipment not originally provided.
3. Payment of$4,000 to the Shakopee Access Corporation for character generator
equipment not originally provided.
4. Payment of$4,000 to the Shakopee Community Access Corporation for institutional
network equipment not originally provided.
5. Development and implementation of a monthly subscriber access fee in the amount of$.25
per subscriber per month with an annual 3% inflationary adjustment to be paid to the
Shakopee Access Corporation on a semi-annual basis with a $.40 per month cap.
6. The payment of an annual studio maintenance grant in the amount of$2,000 to the
Shakopee Community Access Corporation.
7. Insurance for replacement value against loss for the studio and its equipment.
On April 1, 1991 the initial five year deferral period expired. At that time, the cable company
requested that the deferrals be continued for an additional five years. The City agreed with
continuing the deferrals. The City also agreed to defer any further activation of the institutional
network. Additionally, the City agreed to allow the cable company to implement a INET user
charge in the amount of$1,000 per year per activated channel. To date, the cable operator has
not imposed the aforementioned fee on any of the INET users. (School District, Shakopee
Woman's Correctional Facility) They feel that the fee does discourage abuse on the part of the
INET users in terms of unnecessary calls to the cable operator for technical assistance and
therefore would like it to be continued. In 1991, the cable company agreed to once again pay
pole rental fees. The pole rental fees are administered by SPUC.
Attached is a correspondence that I received from Mark Hammerstrom, Director of Nortel
Operations regarding the proposed continuation of deferrals. Note that Paragon is proposing the
following changes as compared to what is presently in place.
1. Reduction in the quarterly lease payment for studio related expenses (rent, utilities, etc.)
from $2400 per quarter to $1200 per quarter.
2. A reduction in the annual studio equipment maintenance grant from $2000 per year to
$1000 per year.
3. Extension of the deferral arrangement with the changes as noted through December 31,
1997.
On March 7, 1996 Councilmember Zorn and I had the opportunity to meet with representatives
from Paragon Cable to discuss the continuation of the deferrals. It was staff's position that all
deferrals should be adjusted for inflation and continued through the duration of the franchise.
(Oct. 26, 2002) Representatives from Paragon agreed to increasing the studio payment back to
it's original rate of$2400 per quarter and the studio equipment maintenance grant to $2,500 per
year. Paragon Cable also agreed to continue the deferrals through the duration of the franchise
providing an escape clause could be developed to protect the cable company in the event another
wired competition entered our market. Finally, the cable company agreed to pay to the Access
Corporation$600 of unpaid equipment maintenance grant funds.
The Cable Commission believes that the deferral arrangement negotiated is fair and equitable for
all parties. The Cable Commission is recommending to City Council that the appropriate City
officials be directed to prepare an ordinance continuing the deferrals through Oct. 26, 2002. It is
also important to note that the deferral arrangement is conditioned upon the successful execution
of a amended access support agreement by and between the Access Corporation and the cable
operator.
ALTERNATIVES:
1. Move to direct the appropriate City officials to prepare an amendment to the Cable
Franchise Ordinance incorporating a wire competitor clause and continuing the deferrals
through Oct. 26, 2002.
2. Include additional items to incorporate into the Ordinance amendment and provide
direction to staff accordingly.
3. Table action pending further information from staff
4. Do not amend the Franchise Ordinance.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Move to direct the appropriate City officials to prepare an amendment to the Cable Franchise
Ordinance incorporating a wire competitor clause and continuing the deferrals through Oct. 26,
2002.
PARAGON
CABLE
MINNESOTA
March 6, 1996
Mr. Barry Stock
Assistant City Manager
City of Shakopee
129 Holmes Street South
Shakopee, Mn. 55379
VIA FAX AND U.S. MAIL
Dear Barry;
As you are aware, the access support agreement between the Shakopee Community Access Corporation
(SCAC) and Amzak Cable Midwest, Inc. (Grantee, d.b.a. Paragon Cable), is set to expire on April 1,
1996. This access support agreement was the result of modifications to the City of Shakopee Cable
Communications Franchise Ordinance, as Amended, negotiated between the then owners of Amzak
Cable Midwest, Inc. (the Kazma family), and the City of Shakopee. The modifications to the ordinance
are contained in an amendment to the franchise --Ordinance No. 308-- passed by the Shakopee City
Council on March 5, 1991.
Specifically, the requirements of the franchise which were modified are sections 5.03 (Two-Way and
Interactive Systems) and 5.05 (Cablecasting Facilities). I have included copies of the appropriate
sections of the franchise for reference, along with the amendment. In exchange for the deferral of the
requirements for a period of 5 years,the Grantee agreed to enter into an agreement with the SCAC which
outlined the responsibilities of each party. Below is a summary of the responsibilities of the SCAC and
Paragon as found in the current agreement:
SHAKOPEE COMMUNITY ACCESS CORPORATION
1.01 SCAC assumes all responsibilities for public access cablecasting on the system and
assumes responsibility for coordination of educational access and government access as
related to the use of the public access channel(use of staff, equipment, studio and etc.).
1.02 SCAC assumes all responsibility for staffing the public access studio.
1.03 SCAC leases all existing equipment owned by Grantee for$1.00 per year
1.04 SCAC is responsible for all maintenance and repair of equipment.
801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626
A Time Warner Inc. Company
1.05 SCAC will establish rules to govern the operation and use of the public access channels
and facilities subject to the direction of the City of Shakopee.
PARAGON
2.01 Paragon provides for use by SCAC all equipment in use at the time the agreement was
reached, leased to SCAC for$1.00 per year.
2.02 Paragon pays to SCAC on a quarterly basis $2,400 per quarter for studio related
expenses(rent, utilities, etc.).
2.03 Paragon pays SCAC $2,000 per year(increasing by$100 per year)for studio
equipment maintenance.
2.04 Paragon provides to SCAC or designee(presently the City of Shakopee) an amount
equal to $.40 per customer per month, which is passed through to Shakopee customers each
month itemized on their bill.
2.05 Paragon provides insurance for access studio and equipment.
The above funding and support is in addition to the support the SCAC receives from the City of
Shakopee in the form of franchise fees.
While it is clear that the agreement was a method of insuring that public access in Shakopee received
sufficient support to develop a solid base of members, times have changed. The field of cable
communications is a rapidly changing industry--both from a regulatory standpoint and a competitive
standpoint. Customers are presented with an ever increasing number of alternatives when they select the
forms of entertainment they wish to receive in their home. Customers in Shakopee can now select from
at least four alternative providers of services similar to ours (American Wireless, US SB, Direct TV and
Prime Star, with two new satellite services slated to launch in 1996). However, none of our competitors
provide any support to the City or its access services through franchise fees, franchise required financial
contributions or other in-kind funding(such as free cable services to schools and city buildings).
We believe that in light of the changing environment, and other changes in legal requirements, the
renewed agreement should reflect funding for the SCAC which more heavily relies on franchise fees,
which for 1995 exceeded $45,000. As a point of comparison, franchise fees received by the city in 1992
were slightly over $26,000--a 73% increase in just 4 years. As you know, and can see,the City shares in
our success as we grow along with Shakopee. The City will also recognize increased franchise fee
revenues from the adjustments in rates we implemented on January 1, 1996. Not one of our competitors
contributes to the city as we do, and in fact they enjoy an advantage in that they do not have these
obligations as part of the service charges their customers pay each month. Cable customers pay about
$2.00 or more per month in franchise fees and other access support in Shakopee, an amount which our
research has shown is sufficient for customers to consider switching to one of our competitors.
In light of the above,we would propose that the new agreement contain the following:
2
SHAKOPEE COMMUNITY ACCESS CORPORATION
All obligations currently undertaken by the SCAC would remain in place, and all deferrals
would continue for the duration of the new agreement.
PARAGON
1. Paragon will continue to provide for use by SCAC all equipment in use at the time the
original agreement was reached, leased to SCAC for$1.00 per year. An updated inventory
list of the equipment in use will be provided by SCAC.
2. Paragon will pay to SCAC on a quarterly basis $1,200 per quarter for studio related
expenses(rent, utilities, etc.). This would seem appropriate in light of the increased portion
of the franchise fees SCAC receives, as well as the economies SCAC should experience
as result of its relocation to the Shakopee Community Center.
3. Paragon will pay to SCAC $1,000 per year for studio equipment maintenance. This would
seem appropriate in light of the relative new age of the equipment, and the increased
franchise fees as noted above.
4. Paragon will continue to provides to SCAC's designee (presently the City of Shakopee) an
amount equal to $.40 per customer per month, which is passed through to Shakopee
customers each month itemized on their bill.
5. Paragon will continue to provide insurance for access studio and equipment which would
reflect and be exclusive of any insurance the city has in place for the use of the space in the
Civic Center.
6. This agreement would expire December 31, 1997
Barry, we look forward to discussing the new agreement with you and other representatives of the City
on March 7. We think that renewal of the agreement under the terms we have proposed serves all parties
for reasons we will be prepared to discuss at greater length when we meet.
In the meantime, if I may be of further assistance, or if you have questions,please feel free to call me.
Sincerely,
ark . merstrom
Director of Nortel Operations
c: Wayne Knighton
Kim Roden
3
/0 CL
MEMO TO: Barry Stock,Assistant City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Engineering Services for Assistance
in Preparation of Stormwater Trunk Charge for
New Developments
DATE: March 27, 1996
MEETING DATE: April 2, 1996
INTRODUCTION:
At the November 14, 1995 Committee of the Whole, Council directed staff to pursue a
stormwater trunk fee and come back to Council with a recommendation for a trunk fee.
At this meeting the Public Works Director informed Council that staff would work on a
stormwater trunk fee and that they may need consultant assistance in preparation of this
fee. This item is for Council to authorize consultant engineering services for assistance in
the preparation of a stormwater trunk fee for new developments in Shakopee.
BACKGROUND:
The City has utilized a Stormwater Utility Fund since 1985 for the reconstruction,
construction and operation of maintenance of its stormwater facilities in the City of
Shakopee. The City also utilized Mn/DOT fund and TIF funds in its construction for the
Upper Valley Drainageway (UVD), a very major stormwater improvement project that
drains much of Shakopee. Recently, the City has paid for ponds along the Shakopee
Bypass area and right-of-way and actual construction was charged to the Stormwater
Utility Fund. Right-of-way acquisition costs will require payment to Mn/DOT in 1997
and will be paid out of the Storm Drainage Fund as well.
In 1995 the Stormwater Utility Fund had its first increase since 1985 and the increase was
an average of 74%. Financial projections of this fund based on current Capital
Improvement Projects and for the payment of the linear ponds in the Mn/DOT Shakopee
Bypass Project show that the fund will have a deficit in 1998 and the years beyond.
Attached to this memo is the financial summary of the Storm Drainage Fund in the 1996
Budget.
In the overall Stormwater Management Plan, this plan shows a major drainage district
called the Blue Lake Subdistrict which contains a major drainageway that is larger than
the UVD. Much of the Blue Lake existing area has many depressional areas that do not
have positive outlets that drain to the Minnesota River. In order to facilitate
development, a major project is necessary from Deans Lake to the areas south and west of
the Deans Lake.
Due to the resignation of the City staff engineer and the current workload, the
Engineering staff will need consultant assistance in order to complete this task. The
consultant firm of WSB & Assoc. have personnel that prepared the Comprehensive
Stormwater Management Plan for the City of Shakopee and have prepared stormwater
trunk fee or stormwater management fees for other Cities. Attached to this memo is a
proposal and a scope of services for the preparation of this fee. Staff would like to point
out that the cost of this study can be incorporated into the fee structure as it can be
considered a stormwater improvement associated with new development.
Staff believes that it is essential to prepare and implement a stormwater trunk fee as soon
as possible before new developments come on line. Attached to this memo is a proposal
from WSB & Assoc. for assistance in the preparation of a stormwater trunk fee at a cost
estimated not-to-exceed $19,000.00 and work scope outlined. Staff is recommending that
WSB &Assoc. be authorized to assist staff in the preparation of a stormwater trunk fee.
ALTERNATIVES:
1. Move to authorize to the appropriate City officials to execute a consultant
extension agreement contract with WSB &Assoc. for assistance in the
preparation of a stormwater trunk fee for new developments.
2. Do not approve a consultant extension agreement.
3. Table this item for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, as assistance from a consultant with experience in
water resources and surface hydrology is necessary to determine the stormwater drainage
charge that can be used in new developments in the City of Shakopee. Cost of the
consultant engineering services will be paid out of the Stormwater Utility Fund and the
cost of this work can be incorporated in a future stormwater trunk charge. The
Stormwater Utility Fund will be reimbursed upon developments paying a stormwater
trunk charge fee in the future.
ACTION REQUESTED:
Move to authorize the appropriate City officials to execute a consultant extension
agreement with WSB & Assoc., Inc. for assistance in the preparation of a storm drainage
trunk charge fee for new developments in an amount of not-to-exceed$19,000.00.
BL/pmp
FEE
Mar-28-96 12 :45P WSB & ASSOC. INC_ 612 541 -1700 P.05
j !'.I.
350 Westwood Lake Office B.A.Mittetsreadt,Batt A.weim,P.E.
WSS 8441 Wayzata Boulevard Pity R.Wi!lcnbring.P.E.
Minneapolis, MN 55426 Dcanald W,Stares,P.F.
Ronald R.Bray,P,E.
411111111111111116. 612-541-4800
&Associates,Inc. FAX 541-1700
March 28, 1996
Mr. Bruce Loney, P.C.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1376
Re: Estimate of Cost to Provide Engineering Services
Storm Water Trunk Fee Justification Report
WSE3 038.96
Dear Mr. l.oney:
According to our Agreement for Professional Services within the City of Shakopee and Section 1-C-2
(Major Projects), this extension agreement is written to provide you with an estimate of cost liar
engineering services for the above-referenced project. We are proposing to complete the work, as
detailed on the attached scope of services,on a cost-reimbursable basis, not to exceed $19,0(0,
We are available to begin developing the plan as soon as authorized by the City and we anticipate to be
completed with our work within three to four weeks from the date of notice to proceed.
The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with
Section IV of the Agreement for Professional Services. If this agreement meets with your approval,
please sign below and return one copy to our office.
Sincerely,
&Associates, Inc.
Peter W. Willenbring, P.E. Acting City Administrator
V. • 'resident
6L
Bret A. Weiss, F.E. City Clerk
Vice President
Mayor
Date
Infrastructure•Engineers•Planners
It)/-ldt lIWt'K'1NU'RUWlA/.MM'MNI i;nvn ll!
flQVAL OFri RJ Ft IN EMPLort tt
Mar-28-96 12:46P WSB & ASSOC. INC. 612 541-1700 P.06
P.F.
350 Westwood Lake Office R.A.Mirtdsteadt.Bret A.Weiss,P.E.
IV1g 8441 Wayzata Boulevard Peter R.Willenbring,l'.I.
Minneapolis, MN 55426 Donald W.Sterna.P.E.
Ronald B.Bray.P.E
612-541-4800
&Associates,Inc. FAX 541-1700
To: Mr. Bruce Loney, P.E.
Director of Public Works
City of Shakopee
From: Pete Willenbring,P.E.
WSB&Associates, Inc.
Date: March 21, 1996
Revised March 28, 1996
Re: Storm Water Trunk Fee Justification Report
As requested, please find outlincd below a work plan associated with preparation of a trunk
fee justification report. This report will be utilized to document and justify storm water trunk
fees that are anticipated to be charged against developing land within the City in the future.
In addition, it is understood this report will attempt to develop costs and fees in a manner
similar to that utilized as part of the development of the trunk sanitary sewer charges. The
City's approach relative to design standards, property acquisition, staging and other related
activities must also be finalized and it is noted that, based on our discussions last week, the
work included herein will utilize numerous assumptions that may not hold true during
preliminary or final design. It is also anticipated that as construction takes place, this trunk
fee could be adjusted up or down to reflect improved information.
Below,please find an outline of the issues that should be finalized as part of the completion
of the justification report.
Tusk 1 -Complete analysis necessary to develop design standards and finalize outline for
justification report with assistance of City Staff and Attorney
As part of the development of this work plan, the following must be developed:
Infrass udure•Engineers•Planners
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•-•.Dona..v,vn..n.,., ,:..n-,..,.,cry ••,
Mar-28-96 12:46P W5B & ASSOC. INC. 612 541-1700 P.07
Mr. Bruce Loney
Director of Public Works
City of Shakopee
March 21, 1996
Page 2
A. What storm water improvements must be covered (property acquisition, ponding
construction, trunk system construction, lateral system construction, etc.)
B. Define City's intentions relative to the number of fee districts needed.
C. Define the level of detail required to adequately defend the proposed rates.
1). Identify anticipated future sources of revenue that could be applied against the
anticipated costs.
E. Discuss approach to project phasing and land acquisition.
F. Review considerations outlined in City's Comprehensive Storm Water Management
Plan.
C. Review considerations outlined on Attachment A.
H. Review considerations relative to what would be defined as the acreage to be utilized
in the computation for the trunk sewer charge.
Note: As part of this task, the issues outlined in the attached memo must be defined.
C u»!IC(\W P W MCLit.w rlgtnKrir i«I,,.iii.r
Mar-28-96 12:46P WSB & ASSOC. INC. 612 541-1700 P.08
Mr. Bruce Loney
Director of Public Works
City of Shakopee
March 21, 1996
Page 3
Task 2-Complete hydrologic analysis of City to the extent necessary to allow for the sizing
of proposed lateral and trunk conveyance systems, as well as storm water storage and
treatment facilities
Specific efforts associated with this activity include:
A. Utilize existing Comprehensive Storm Water Management Plan to assist in sizing
future lateral and trunk conveyance systems.
B. Refine hydrologic analysis of City to extent necessary to estimate the extent of
excavation required to develop storm water storage in City.
Task 3 - Develop estimate of cost associated with constructing the system outlined in
Task 2
The breakdown of costs associated with the system implementation would include the costs
associated with:
A. Land acquisition for retention and treatment facilities.
B. Land acquisition associated with the conveyance system construction.
C. Costs associated with constructing retention area.
D. Costs associated with constructing treatment area.
E. Costs associated with construction of trunk conveyance system.
F. Legal, engineering, and administrative costs.
u)FFlCB1wPK•INIf UtNrStIAk8Nit'M ill.r
Mar-28-96 12:46P WSB & ICSSOC. INC. 612 541-1700 P.09
Mr. Bruce Loney
Director of Public Works
City of Shakopee
March 21, 1996
Page 4
Task 4 - Provide analyses concerning projected development schedules and needs for
downstream improvement projects so that cash flow projections can be defined
Analysis activities may include:
A. Develop a plan that predicts which parcels of land will develop first, second, third,
etc.
B. Develop information predicting short and long-term drainage needs for these parcels.
C. Develop a plan that would maximize the ability of the City to defer construction of
drainage system improvements until such time as property along the drainage system
develops.
Task S-Submit draft report
As part of this task, the following activities will be undertaken:
A. Draft report will be submitted to City Staff and legal counsel for review and
comment.
13. Appropriate revisions to the document will be completed.
C. Document will be reviewed with council members and submitted for adoption.
C10(F1ChWNKIN\(7.IL: I,4$4 I?I',I4 t
Mar-28-96 12 :46P WSB & ASSOC. INC. 61? 541-1700 P. 10
Attachment
Areas Needing Finalization
Pond Design Standards
• Rate Control Standards
• Treatment Standards
• Benching/Safety Design Standards
• Wetland Creation Considerations
• Outlet Structure Design Configuration
• Philosophy Toward Pumping or Use of Gravity Outlets
II. Property Acquisition for Ponding Areas
• Easement Acquisition
• Outlot Dedication
• Considerations Regarding Property Purchase
• Development of Temporary Versus Outlet Measures
III. Trunk System Design Standards
• Design Standard (i.e. 5-year, 10-Year, or Maximum Peak Flow Reduction)
• Minimum Flow Rate
• Utilization of Open Ditch Versus Pipe
IV. Property Acquisition for Trunk System
• Easement Acquisition
• Outlot Dedication
• Considerations Regarding Property Purchase
V. Lateral System Design
• Design Standard (i.e. 5-year, 10-Year, or Maximum Peak Flow Reduction)
• Minimum Flow Rate
• Utilization of Open Ditch Versus Pipe
C\O l: WPWINK"(MN 11,414A10.11:NW RI
Mar-28-96 12:47P WSB & ASSOC. INC. 612 541-1700 P. 11
Attachment A
Areas Needing Finalization
VI. Property Acquisition for Lateral System
■ Easement Acquisition
■ Outlot Dedication
■ Considerations Regarding Property Purchase
VII. Engineering, Legal,Administrative Costs, Permits
VIII. Maintenance Activities
IX. Cost Associated With Replacement of Deteriorated Systems
X. Wetland Protection/Preservation/Banking
XI. Funding Mechanisms
■ Storm Water Utility
■ Trunk Fees
■ Assessments
■ Other
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Memo To: Barry A. Stock, Acting City Administrator
From: V. Paul Bilotta, Community Development Director
RE: Termination of Probationary Status-Julie Baumann, Planner I
Date: April 2, 1996
INTRODUCTION:
The probationary period for the Planner I position held by Julie Baumann expires on April
2, 1996. Staff is recommending that Ms. Baumann's probationary status be terminated at
this time.
BACKGROUND:
On October 2, 1995, the Shakopee City Council appointed Julie Baumann to the position
of Planner I. Ms. Baumann will be completing her Masters Degree in Urban and Regional
Studies(Planning) from Mankato State University this year and has a Bachelor's Degree
in Local and Urban Affairs(Planning)from St. Cloud State University. She has previously
worked in the Planning field for the City of Hutchinson, MN, and has had two internships
with the City of Shakopee's Planning Dept. (Planning Dept. eliminated in 1995).
Ms. Baumann's job performance during the past six months has been exceptional. Staff is
therefore recommending that her probationary status be terminated at this time.
ALTERNATIVES:
1. Move to terminate Julie Baumann's probationary status.
2. Extend Julie Baumann's probationary status another six months.
3. Table action pending further information from Staff.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
ACTION REQUESTED:
Move to terminate Julie Baumann's probationary status.
i:\commdev\cc\1996\cc0402\jprob.doc
Memo To: Barry A. Stock, Acting City Administrator
From: V. Paul Bilotta, Community Development Director
RE: Termination of Probationary Status-Nicole Bennett, Economic
Development Specialist
Date: April 2, 1996
INTRODUCTION:
The probationary period for the Economic Development Specialist position(Planner I
equivalent pay scale)held by Nicole Bennett expires on April 2, 1996. Staff is
recommending that Ms. Bennett's probationary status be terminated at this time.
BACKGROUND:
On October 2, 1995, the Shakopee City Council appointed Nicole Bennett to the new
position of Economic Development Specialist (created when the Economic Development
and Planning functions were combined into a Community Development Dept. in the 1995
reorganization). Ms. Bennett has a Masters Degree from the Hubert Humphrey Institute
of Public Affairs (University of Minnesota)with a concentration in Economic and
Community Development/Land Use Planning. She also has two Bachelor's Degrees from
the University of Iowa(in Economics and Political Science). She has previously worked
for the Minneapolis Community Development Agency(Economic Development Division)
and the Minnesota Office of Environmental Assistance.
Ms. Bennett's job performance during the past six months has been exceptional. Staff is
therefore recommending that her probationary status be terminated at this time.
ALTERNATIVES:
1. Move to terminate Nicole Bennett's probationary status.
2. Extend Nicole Bennett's probationary status another six months.
3. Table action pending further information from Staff.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
ACTION REQUESTED:
Move to terminate Nicole Bennett's probationary status.
i:\commdev\cc\1996\cc0402\nprob.doc
ID ct
MEMO TO: Barry Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director 3.
SUBJECT: 4th Avenue Speed Limit
DATE: March 27, 1996
MEETING DATE: April 2, 1996
INTRODUCTION:
The speed limit on 4th Avenue a 1/4 mile east of Marschall Road is signed for 50 miles
per hour (m.p.h.). Staff has been requested to review the possibility of reducing the
speed limit on 4th Avenue, from Marschall Road to Shenandoah Drive.
BACKGROUND:
4th Avenue was previously a County road and speed limit signs were established by the
County under its jurisdiction. Attached to this memo is a drawing showing the speed
regulation signs that exist and their approximate location on 4th Avenue, from Marschall
Road to Shenandoah Drive. Along 4th Avenue, residential development has occurred
with the development of Prairie Bend adjacent to the Knights of Columbus (KC) Hall
along 4th Avenue. This development has changed the character of the area from a rural
farm setting to an urbanized, more densely populated area.
The statute that controls highway traffic regulation and establishment of speed limits is
the Minnesota Statute 169. On the area along 4th Avenue, from Marschall Road to
Shenandoah Drive, the speed limit can be determined on the basis of an engineering and
traffic investigation which is known as a speed study done by Mn/DOT. This
engineering traffic investigation study would evaluate this area and make a
recommendation to the Commissioner of Transportation for establishment of a maximum
speed limit in this area.
Historically, the speed limit from these engineering and traffic investigation studies are
determined by the speed of the 85th percentile of the traffic speed measured. From these
studies, the speed limit can be increased as well as reduced. In the Minnesota Statute
169.14, Subd. 5B, Title Segments in Urban Districts, the City by resolution can declare a
segment to be an urban district and may establish on that segment the speed limit for
urban districts as prescribed in Subd. 2. The maximum speed limit in an urban district is
30 m.p.h.
The definition of an urban district is the territory contiguous to and including any street
which is built with structures devoted to business, industry or dwelling houses situated at
intervals of less than 100 feet, for a distance for a 1/4 of a mile or more. Along 4th
Avenue, with the recent development of Prairie Bend, staff feels the segment on 4th
Avenue, from Marschall Road just to the east of the KC Hall would meet the definition of
an urban district. East of the KC Hall, the land use in the area is a cemetery and a
proposed residential development of Pinewood Estates and then the Shakopee Ballroom
adjacent to Shenandoah Drive. Upon development of the Pinewood Estates proposed
development, the south side of 4th Avenue, in staff's opinion, would then meet the urban
district definition and thus the speed limit could be adjusted accordingly as allowed by
Statute 169. Staff believes that a premature designation of an urban district, could result
in speeding tickets being subject to challenge.
In the Minnesota Statute 169.14, Subd. 2, the maximum speed limit in an urban district
would be 30 m.p.h. At this particular time, staff believes an urban district designation on
4th Avenue, from Marschall Road to the east end of the KC Hall is justified based on
recent developments. Further developments to the east such as the proposed Pinewood
Estates plat, would then cause the remaining segment of 4th Avenue to Shenandoah Drive
to be an urban district designation. Staff would ask for Council direction of this issue and
based on the direction, staff would prepare the appropriate resolution.
ALTERNATIVES:
1. Direct staff to prepare the necessary resolutions to designate an urban district on
4th Avenue, from Marschall Road to the east edge of the KC Hall's property.
2. Direct staff to prepare the necessary resolution to designate an urban district along
4th Avenue, from Marschall Road to Shenandoah Drive.
3. Table for more information.
4. Direct staff to have Mn/DOT conduct an engineering traffic investigation study
for the speed limit determination on 4th Avenue.
RECOMMENDATION:
Staff recommends Alternative No. 1 at a minimum, with the recognition that further
development in this area would warrant a designation of an urban district from Marschall
Road to Shenandoah Drive. Alternative No. 2 could be selected based on the fact there is
development activity in this area, and Council may want to declare this entire street
segment an urban district.
ACTION REQUESTED:
Direct staff to prepare the necessary resolutions to designate an urban district on 4th
Avenue, from Marschall Road to the east edge of the Knights of Columbus Hall's
property.
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MEMO TO: Mayor and City Council d V
FROM: Barry A. Stock, Acting City Administrator
RE: Park and Recreation Department Reorganization-Res. No. 4421
DATE: March 25, 1996
INTRODUCTION:
On March 12, 1996 City Council directed the appropriate City officials to take the necessary steps
to appoint Mark McQuillan to a Park and Recreation Director position. Staff has prepared the
appropriate job description for this position and established a pay range. It would be appropriate
at this time to amend the 1996 Pay Plan accordingly recognizing the new position and the position
appointment.
BACKGROUND:
On March 22, 1996 I had the opportunity to meet with Mark McQuillan and Ron Stellmaker to
review the two new position descriptions as a result of the reorganization proposed by City
Council. Both Mr. McQuillan and Mr. Stelhnaker are in agreement with the job duties and
responsibilities as setforth in the position descriptions. Copies of the Recreation Superintendent
position is shown as attachment#1. The Park and Recreation Director position description is
shown as attachment#2.
Staff reviewed the Metropolitan Area Management Association(MAMA)job point values to
determine an appropriate point value assignment for the Park and Recreation Director position.
This is consistent with past practice in determining pay range. Shown as attachment#3 is
Resolution No. 4421, which amends the 1996 Pay Schedule creating the new Park and Recreation
Director position. Staff is proposing that Mr. McQuillan be appointed at Step 2 of the Pay Plan
which corresponds to an annual salary of$42,265. Mr. McQuillan's 1996 salary as Recreation
Supervisor was $42,988. Mr. McQuillan's position is an exempt position. Currently the
Recreation Superintendent receives an annual salary of$ 40,055.
ALTERNATIVES:
1. Offer Resolution No. 4421, amending the 1996 Pay Schedule Establishing the Park and
Recreation Director position.
2. Move to appoint Mark McQuillan to the Park and Recreation Director exempt position
classification at Step 2 of the 1996 Pay Schedule effective April 8, 1996.
3. Appoint Mr. McQuillan to some other step of the 1996 Pay Schedule.
4. Table action pending further information from staff
STAFF RECOMMENDATION:
Staff recommends alternatives#1 .
ACTION REQUESTED:
1. Offer Resolution No. 4421, amending the 1996 Pay Schedule Establishing the Park and
Recreation Director position.
2. Move to appoint Mark McQuillan to the Park and Recreation Director exempt position
classification at Step 2 of the 1996 Pay Schedule effective April 8, 1996.
Attachment # 1
City of Shakopee
Job Description
JOB TITLE: Recreation Superintendent
EXEMPT: Yes JOB CODE: 87
SALARY LEVEL: $38, 089 - $45, 707 DIVISION: Park & Recreation
SHIFT: DEPARTMENT: Park & Recreation
LOCATION:
EMPLOYEE:
REPORTS TO: Park and Recreation Director
PREPARED BY: Barry Stock DATE: 3/26/96
APPROVED BY: DATE:
SUMMARY: The position is responsible for managing and directing
the activities associated with the operation of the Community
Center and Municipal Pool .
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Other duties may be assigned.
Direct activities, programs, services, policies and procedures
of community center and municipal pool .
Supervise day-to-day activities of the community centerand
municipal pool .
Supervise employees, including employee training, work task
assignment, employee performance review and employee
recruitment selection.
Plan, direct and coordinate the implementation of community
center and municipal pool programs and services.
Perform communication activities including writing routine
correspondence, reports, public relations and promotional
materials .
Assist in performing budget and financial analysis to determine
resource needs and program revenues .
Monitor community center and municipal pool projects, expenses
and revenues and/or deviations from budget .
Interpretes recreation programs and their philosophy to
individuals and groups through personal participation and staff
assignments.
- 1 -
JOB DESCRIPTION
Job Title: Recreation Superintendent
Plan, conduct and direct retail management activities of the
community center and municipal pool . Plan and arrange for
minor modifications and/or repairs of equipment at community
center facility and municipal pool .
Establish administer and implement safety programs, plans,
policies and procedures for the community center and municipal
pool .
Identifies and evaluates vendor/consultant products or services
for commulnity center and municipal pool .
Develops, prepares, negotiates and monitors proposals,
agreements and contracts/leases associated with community
center and municipal pool .
Investigates, documents and responds to complaints relating to
community center and municipal pool programs .
SUPERVISORY RESPONSIBILITIES :
Carries out supervisory responsiblities associated with
seasonal community center and municipal pool employees in
accordance with City policies and applicable laws .
Reponsibilities include interviewing, hiring and training
seasonal employees; planning, assigning, and directing work;
appraising performance; addressing complaints and resolving
problems .
QUALIFICATION REQUIREMENTS: 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:
Bachelor' s degree (B. A. ) in public administration or recreation
management from four-year college or university; and four to
six years experience in recreation center, ice arena operations
or pool; or equivalent combination of education and experience .
LANGUAGE SKILLS:
Ability to read, analyze, and interpret general business
periodicals, professional journals, technical procedures, or
governmental regulations . Ability to write reports, business
- 2 -
JOB DESCRIPTION
Job Title: Recreation Superintendent
correspondence, and procedure manuals . Ability to effectively
present information and respond to questions from individuals,
groups of managers, clients, customers, and the general public
both in person, over the telephone and via computer.
MATHEMATICAL SKILLS :
Ability to calculate figures and amounts such as discounts,
interest, commissions, proportions, percentages, area,
circumference, and volume. Ability to apply concepts of basic
algebra and geometry.
REASONING ABILITY:
Ability to define problems, collect data, establish facts, and
draw valid conclusions. Ability to interpret an extensive
variety of technical instructions in mathematical or diagram
form and deal with several abstract and concrete variables .
CERTIFICATES, LICENSES, REGISTRATIONS :
Valid Minnesota Drivers License
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 talk or hear. The employee is regularly
required to stand; walk; sit; use hands to finger, handle, or
feel objects, tools, or controls; and reach with hands and
arms .
The employee must occasionally lift and/or move up to 50
pounds . Specific vision abilities required by this job include
close vision, distance vision, depth perception, and the
ability to adjust focus.
WORK ENVIRONMENT: The work environment characteristics described
here are representative of those an employee encounters while
performing 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
occasionally works in outside weather conditions.
The noise level in the work environment will vary from moderate
to loud.
- 3 -
Attachment #2
City of Shakopee
Job Description
JOB TITLE: Parks and Recreation Director
EXEMPT: Yes JOB CODE: 90
SALARY LEVEL: $39, 779 - $49, 724 DIVISION: Parks & Recreation
SHIFT: DEPARTMENT: Parks & Recreation
LOCATION:
EMPLOYEE:
REPORTS TO: City Administrator
PREPARED BY: Barry Stock DATE: 3\26\96
APPROVED BY: DATE:
SUMMARY: The position is responsible for managing and directing
the activities of the Parks and Recreation Department .
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Other duties may be assigned.
Direct activities, programs, services, policies and procedures
of recreation division.
Supervise, monitor and evaluate all Parks and Recreation
Department functions .
Supervise employees, including employee training, work task
assignment, employee performance review and employee
recruitment selection.
Develop and administer City Park Comprehensive Master Plan.
Plan, direct and coordinate the implementation of recreation
department programs and services .
Perform communication activities including writing routine
correspondence, reports, public relations and promotional
materials.
Prepare annual budget and Capital Improvement Program for Parks
and Recreation Department .
Monitor project, departmental, divisional expenses and revenues
and/or deviations from budget .
Identify and obtain funding (grants, donations) for special
projects .
- 1 -
JOB DESCRIPTION
Job Title : Parks and Recreation Director
Studies and analyses recreational needs and resources .
Prepares agenda, memorandums, minutes and staff support for the
Parks and Recreation Advisory Board.
Interpretes recreation programs and their philosophy to
individuals and groups through personal participation and staff
assignments.
Establish administer and implement safety programs, plans,
policies and procedures for the recreation division.
Identifies and evaluates vendor/consultant products or
services .
Develops, prepares, negotiates and monitors proposals,
agreements and contracts/leases .
Investigates, documents and responds to complaints relating to
recreation programs .
SUPERVISORY RESPONSIBILITIES:
Carries out supervisory responsiblities associated with
recreation department employees in accordance with City
policies and applicable laws . Reponsibilities include
interviewing, hiring and training employees; planning,
assigning, and directing work; appraising performance;
addressing complaints and resolving problems.
QUALIFICATION REQUIREMENTS: 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:
Master' s degree in public administration or recreation
management and six to eight years experience in recreation
programming; or equivalent combination of education and
experience.
LANGUAGE SKILLS :
Ability to read, analyze, and interpret general business
periodicals, professional journals, technical procedures, or
governmental regulations . Ability to write reports, business
- 2 -
JOB DESCRIPTION
Job Title : Parks and Recreation Director
correspondence, and procedure manuals. Ability to effectively
present information and respond to questions from individuals,
groups of managers, clients, customers, and the general public
both in person, over the telephone and via computer.
MATHEMATICAL SKILLS :
Ability to calculate figures and amounts such as discounts,
interest, commissions, proportions, percentages, area,
circumference, and volume. Ability to apply concepts of basic
algebra and geometry.
REASONING ABILITY:
Ability to define problems, collect data, establish facts, and
draw valid conclusions . Ability to interpret an extensive
variety of technical instructions in mathematical or diagram
form and deal with several abstract and concrete variables .
CERTIFICATES, LICENSES, REGISTRATIONS :
Valid Minnesota Drivers License
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 talk or hear. The employee is regularly
required to stand; walk; sit; use hands to finger, handle, or
feel objects, tools, or controls; and reach with hands and
arms.
The employee must occasionally lift and/or move up to 50
pounds . Specific vision abilities required by this job include
close vision, distance vision, depth perception, and the
ability to adjust focus .
WORK ENVIRONMENT: The work environment characteristics described
here are representative of those an employee encounters while
performing 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
occasionally works in outside weather conditions .
The noise level in the work environment will vary from moderate
to loud.
- 3 -
ATTACHMENT#3
RESOLUTION NO. 4421
A RESOLUTION AMENDING RESOLUTION NO. 4352 ADOPTING THE 1996 PAY
SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF
SHAKOPEE
WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No.
4352 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of
Shakopee; and
WHEREAS, certain conditions and circumstances have changed to make it desirous to
amend the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee
at this time.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee,
Minnesota, that the Park and Recreation Director position classification is hereby added to the
Pay Schedule for the Officers and Non-Union employees of the City of Shakopee at the following
pay steps:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$39,779 $42,265 $43,508 $44,752 $45,995 $47,238 $48,481 $49,724
Adopted in Regular Session of the City of Shakopee, Minnesota held this 2nd day of
April, 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
MEMO TO: Barry Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Adoption of Substance Abuse Prevention Program
DATE: March 26, 1996
MEETING DATE: April 2, 1996
INTRODUCTION:
This item is for Council to adopt a Substance Abuse Prevention Program which meets
many of the informational requirements as required by the Commercial Drivers License
Regulation, Code of Federal Regulations, Title 49(49CFR), Part 382 and Part 40.
BACKGROUND:
The City has recently adopted Resolution No. 4367 which amended the Personnel
Handbook for the initiation of a drug testing program as required by Federal law. The
City has also entered into an agreement with Minnesota Municipal Utility Association
(MMUA) Drug and Alcohol Consortium in which the consortium will help the City in its
administration and implementation of the drug testing program. Attached is a letter from
Steve Downer, Deputy Executive Director for the MMUA Drug and Testing Consortium
which outlines the City's next steps in the program. One of these steps is to adopt the
Substance Abuse Prevention Program in the MMUA Drug and Testing Consortium
Manual. A Substance Abuse Prevention Program contains many of the informational
requirements by the Federal Rules. Attached to the resolution is this program and its
contents.
The purpose of the program is to establish procedures for the administration of the
Department of Transportation (DOT) Substance Abuse Prevention Program pursuant to
the Commercial Driver's License Regulations, Code of Federal Regulations Title 49, Part
382. These rules require employees to implement Substance Abuse Prevention Programs,
if they employ personnel who operate commercial motor vehicles such as the Public
Works Department.
The City has contracted with MMUA who has implemented a program through a
consortium of municipal utilities and local governments.
The Substance Abuse Prevention Program for Drugs and Alcohol and Controlled
Substances Testing as set forth in Title 49, CFR Part 382. This program has incorporated
the requirements necessary to meet the Federal regulations. Adoption is necessary in
order for the MMUA consortium to implement the Drug and Alcohol Testing.
The City and the Shakopee Public Utilities Commission are both using this consortium to
minimize costs and for their expertise in administering these Federal regulations.
Attached is Resolution 4422, which adopts the Substance Abuse Prevention Program as
contained in the MMUA Consortium Manual in Drug and Alcohol Testing.
ALTERNATIVES:
1. Adopt Resolution No. 4422.
2. Deny Resolution No. 4422.
3. Table for more information.
RECOMMENDATION:
Staff recommends Alternative No. 1, so as to comply with the Consortium Member
Agreement with MMUA and in order to comply with the requirements for Drug and
Alcohol Testing Programs for commercial drivers as per Federal regulations.
ACTION REQUESTED:
•
Offer Resolution No. 4422, A Resolution Adopting a Substance Abuse Prevention
Program for its Drug and Alcohol Testing Policy for the City of Shakopee and move its
adoption.
BL/pmp
MMUA
1111111111.11/1
71111111411
MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth,MN 55441-3859 • 612.551.1230 • 800.422.0119(MN) • Fax 612.551.0459
March 11, 1996 55�1 S1
Ms. Judith S.Cox, City Clerk
City of Shakopee � 9661 "ET Udw Q
129 Holmes Street South 33dONYHS JO ALIO
Shakopee, MN 55379-1351
Dear Judi
Thank you for joining the MMUA Drug and Alcohol Testing Consortium. Enclosed is a copy of the MMUA Drug
and Alcohol Testing Consortium policies and procedures.
You have already sent us a Consortium Member Agreement and your list of Employees Subject to Random Drug and
Alcohol Testing. You can disregard the copies of these documents which are also contained in the first few pages of
the manual. If you have new employees or employees to drop from your original list,please let us know. A form is
provided. The last form in the Consortium Documents section is for your records,to document Supervisory Training.
The next step is to adopt your Substance Abuse Prevention Pham. This program is contained in Section 2 of the
manual. Adopting Section 2 meets many informational requirements of the rule. This information must be given to
the drivers. You may also need to review your employment policies. Section 3 is a general discussion of the MMUA
Consortium and policy considerations. Policies themselves are covered in the Substance Abuse Policy Guide(tab 4)
of this manual. After completing these steps,and completion of required training,you are set to comply with federal
alcohol and drug testing rules for CDL holders.
We recommend a copy of the material contained in tab 5 also be given to all employees upon adoption of the program,
and when they are selected for testing. Sections 6, 7 and 8 are a list of collection sites,the federal rule, and state law
copy,respectively. These sections are for your information.
You«' :_ • •- -. ei ' • shortl some Dru• and Alcoho -i' Custod and Control forms from MedExpress, our
testing_lab. Drivers should take one of these forms with them(along with their drivers icense to the co ection site
when the driver's number comes up through the random testing process.
If have anyquestions or comments,please call. Oncethank for joiningthe
Consortium.
youagain, you
Sincerely,
Steve Downer
Deputy Executive Director
RESOLUTION NO. 4422
Adopting A Substance Abuse Prevention Program
For Its Drug And Alcohol Testing Policy
For The City Of Shakopee, Minnesota
WHEREAS,the City is required to adopt a Substance Abuse Prevention Program
for commercial motor vehicle drivers; and
WHEREAS, the City desires to adopt the "Substance Abuse Prevention Program
for Commercial Drivers" prepared by the Minnesota Municipal Utility Association in
order to comply with the requirements for Alcohol and Controlled Substance Testing
Programs for commercial drivers as set out in 49CFR,Part 382.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE,MINNESOTA AS FOLLOWS:
The City hereby adopts the Substance Abuse Prevention Program, which is
attached hereto, for implementation of the City's Drug and Alcohol Policy.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
NIMUA DRUG AND ALCOHOL
TESTING CONSORTIUM
COMMERCIAL DRIVER'S LICENSE
SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
Adopted by:
Name of Employer or Contractor
Date Adopted:
Effective:
December 1995
SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL
TABLE OF CONTENTS
SECTIONS
1 Purpose and Construction 1
2 Applicability 1-2
3 Consortium 2
4 Effect of Use, Refusal or Failure 3
5 Safety-Sensitive Function 3-4
6 Prohibited Conduct 4-5
7 Types of Testing 5-10
8 Drug Testing Procedures 11-18
9 Alcohol Testing Procedures 19-26
10 Information and Training 27
11 Driver Referral, Evaluation and Treatment 28-29
12 Recordkeeping 30-34
13 Access to Facilities and Records 34-35
APPENDICES
A Employer's Substance Abuse Policy
B Employee Positions Subject to Drug Testing
C Personnel Subject to Training
December 1995
SECTION 1. PURPOSE AND CONSTRUCTION
This policy describes the employer's Substance Abuse Prevention Program for certain personnel
required to hold Commercial Drivers Licenses. The purpose of the program is to establish
procedures for the administration of the Department of Transportation (DOT) substance abuse
prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal
Regulations, Title 49 (49 CFR), Part 382. Part 382 requires employers to implement substance
abuse prevention programs if they employ personnel who operate commercial motor vehicles
and who are required to have commercial drivers'licenses. This program is being implemented
through a consortium with other municipal utilities and local governments through the MMUA
Drug and Alcohol Testing Consortium (The Consortium).
SECTION 2. APPLICABILITY
The employer has employees who drive commercial motor vehicles and who are required to
have commercial drivers' licenses. The employer is therefore subject to the regulatory
requirements of 49 CFR Part 382 and has joined with other municipal utilities, local
governments and their contractors to comply with these regulations through The Consortium.
Drivers who use a commercial motor vehicle and who are required to have a Commercial
Driver's License are subject to this policy. A list of employee positions subject to drug and
alcohol testing is attached as Appendix B to this policy.
Employees and prospective employees shall be tested in accordance with requirements of the
Commercial Driver's License Regulations, Code of Federal Regulations,Title 49 (49 CFR),Part
382 and Part 40.
For the purposes of this policy, commercial motor vehicles include:
a. A motor vehicle with a gross combination weight of 26,001 or more pounds, including
a towed unit with a gross weight of 10,000 pounds; or
b. A motor vehicle designed to transport 16 or more passengers,including the driver; or
c. A motor vehicle required to be placarded under regulation of hazardous materials (49
CFR Part 172, subpart F).
Employers with 50 or more employees subject to the regulation must implement a substance
abuse prevention program for drugs and alcohol beginning January 1, 1995. Employers with
fewer than 50 employees subject to the regulation must implement a substance abuse prevention
program for drugs and alcohol beginning January 1, 1996.
December 1995 1
The following categories of employees are exempt from the CDL drug and alcohol testing
program. These employees are not included in calculating the 50 employee threshold for
determining the effective date of testing.
a. Mass transit employees subject to Federal Transit Authority drug and alcohol testing
under 40 CFR Parts 653 and 654. (However, elderly and disabled transit programs are
subject to the CDL program).
b. Drivers waived from having a CDL (e.g., fire fighters).
In the event of a conflict between this program and the provisions of 49 CFR, Part 382, the
provisions of the federal regulations will prevail.
SECTION 3. CONSORTIUM
The MMUA Drug and Alcohol Testing Consortium (The Consortium) is a consortium of
members of the Minnesota Municipal Utilities Association.The Consortium has developed this
Substance Abuse Prevention Program to assist member employers in meeting federal
Department of Transportation drug and alcohol testing requirements.As consortium participants,
municipal utilities and local governments share costs for program administration and
recordkeeping and pool their employees for the purpose of random testing.
Also eligible for membership in the consortium are contractors who perform work for MMUA
members, and labor unions or other labor organizations whose members perform work for
MMUA members as employees of contractors or the members themselves.
Contractors who provide drivers or other covered functions for the employer more than once a
year must confirm at least every 6 months that the driver participates in a conforming drug and
alcohol testing program.
MMUA may utilize third party service providers in administering consortium functions
described in this program. References to administrative functions performed by "MMUA" or
"consortium" should be construed to include performance by one or more of these third party
agents.
December 1995 2
SECTION 4. EFFECT OF USE,REFUSAL OR FAILURE
Any job applicant applying for a position with the employer who refuses or fails a pre-
employment drug test will not be hired. (Pre-employment alcohol testing is no longer required.)
No employee covered by this policy who has engaged in prohibited drug use will perform
safety-sensitive functions. The employer will immediately remove from performing safety-
sensitive functions covered by the DOT safety standards in 49 CFR Part 382 any employee
covered by this policy who refuses or fails an alcohol or drug test.
Any employee covered by this policy who refuses or fails an alcohol or drug test may receive
disciplinary action, up to and including termination, in accordance with the substance abuse
policy of the employer (see Appendix A). Furthermore, an employer or driver who violates
these requirements may be subject to the penalties found at 49 U.S.C. 521(b), including:
a. Employer -
1. Civil penalties ranging from$500 to$10,000;and
2. Criminal penalties for knowing and willful violations with a maximum fine of
$25,000 or imprisonment for up to one year, or both.
b. Drivers with Commercial Drivers'Licenses
1. Civil penalties for knowing and willful violations ranging from$500 to $2,500;
and
2. Criminal penalties with a maximum fine of$5,000 or imprisonment for up to 90
days, or both.
SECTION 5. SAFETY-SENSITIVE FUNCTIONS
The performance of safety-sensitive functions generally includes any time a driver is required
to be ready to work in or on a commercial motor vehicle as defined in SECTION 2
APPLICABILITY(page 1) of this policy. Safety-sensitive functions include:
a. All time the driver is waiting to be dispatched, unless the employer has relieved the
driver from duty;
b. All time inspecting, servicing, or conditioning any commercial motor vehicle at any
time;
c. All driving time;
d. All time in or on any commercial motor vehicle;
December 1995 3
e. All time supervising, assisting, or attending the loading or unloading of a vehicle, or
remaining in readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded;
f. All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
SECTION 6. PROHIBITED CONDUCT
6.1 Prohibited Employee Conduct. Employees will not engage in the following conduct:
a. Alcohol Concentration. Report for duty or remain on duty requiring the performance
of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
(The alcohol concentration level may be lowered according to employer policy.)
b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while possessing
alcohol.
c. On-duty Use. Use alcohol while performing safety-sensitive functions.
d. Pre-duty Use. Perform safety-sensitive functions within 4 hours after using alcohol.
e. Post-accident Use. Use alcohol for 8 hours following an accident or until undergoing _
a post-accident test.
f. Refusal to Test. Refuse to submit to an alcohol or drug test, except a pre-employment
alcohol test.
g. Use drugs. Report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver uses drugs.
h. Test Positive for Drugs. Report for duty,remain on duty, or perform a safety-sensitive
function if tested positive for drugs.
Employees who engage in any of the preceding will be removed from safety-sensitive functions
and referred to a substance abuse professional.
December 1995 4
6.2 Prohibited Employer Conduct. The employer, if having actual knowledge that a driver
is engaging in any of the conduct listed above, will not allow the driver to drive or perform any
other safety-sensitive function.
6.3 Other Alcohol Conduct. Other regulated conduct related to an employee's use of alcohol
includes the following:
a. A driver whose test results indicate an alcohol concentration of.02 or greater, but less
than .04, will not be allowed to perform safety-sensitive functions until the start of the
driver's next regularly scheduled duty period, but not less than 24 hours following the
alcohol test.
b. The employer will not take action against a driver based solely on alcohol test results of
less than .04. The employer may take any lawful action against the driver so long as it
has authority to do so independent of these regulations. (The alcohol concentration level
may be lowered according to employer policy. Employers are allowed to set stricter
standards; they may not set more lenient standards.)
SECTION 7. TYPES OF TESTING
Covered employees are subject to six types of drug and alcohol testing under the substance
abuse prevention program. Before performing a drug or alcohol test, the employer will
notify the driver that testing is required.
7.1 Pre-employment Testing. Prior to the first time a driver performs safety-sensitive
functions, a pre-employment drug test will be conducted. A pre-employment alcohol test is
not required under federal DOT regulations.
a. A pre-employment drug test will be conducted when an individual is hired for a
position covered in this policy. The offer for employment may be conditioned on the
results of the drug test.
b. A pre-employment drug test will be conducted when a current employee becomes
subject to this program as a result of a change in job description or work assignment.
Such test shall be administered prior to the first time the employee performs a safety-
sensitive function.
c. The employer will not allow a driver subject to a pre-employment test to perform
safety-sensitive functions without a verified negative test result.
d. The employer will notify a driver of the results of a pre-employment drug test if the
driver requests the results within 60 days of being notified of the employer's decision
regarding the driver's employment application.
December 1995 5
e. Exceptions to Pre-Employment Drug Testing:
1. Pre-employment drug testing is not required if the driver was in an
appropriate drug testing program within the previous 30 days and either was
tested within the past 6 months or was subject to random testing for the past
12 months.
2. The employer must determine that the driver's previous known employers do
not have a record of a violation during the past 6 months.
3. If an employer chooses to rely on the exception,the employer must obtain the
following information from the previous employers:
(a) Name and address of the program;
(b) Verification that the driver participated in the program;
(c) Verification that the program procedures comply with 49 CFR Part 40;
(d) Verification the driver qualifies for the exception;
(e) Verification the driver has not refused to be tested for drugs;
(f) Date the driver was last tested; and
(g) Results of any tests taken within the previous 6 months.
7.2 Post-accident Testing. When an accident involving a commercial motor vehicle
occurs, the employer will require a drug and alcohol test on each surviving driver who was
performing safety sensitive functions with respect to the vehicle if the accident involved the
loss of human life; or who received a ticket for a moving traffic violation arising from the
accident. The driver(s) will be tested as follows:
a. A driver who is subject to post-accident drug and alcohol testing will remain readily
available for such testing or may be deemed to have refused to submit to testing.
However, the driver is allowed to get necessary emergency medical attention for
injured people, or, if necessary,to leave the scene of an accident for the period
necessary to obtain assistance in responding to the accident.
b. The employer will provide drivers with necessary information, procedures
and instructions-so that-drivers will be able to comply.
c. The employer may use drug and alcohol (breath,blood or urine)test results
taken by federal, state or local officials if such test results conform to
applicable requirements and the employer obtains the results.
d. Drug Specific Requirements
1. The driver will be tested as soon as practicable,but no later than 32 hours
after the accident. Because certain drugs or drug metabolites do not remain in
December 1995 6
the body for extended periods of time,testing should be as soon as possible.
If the drug test is not administered within 32 hours after the accident, the
employer will cease attempts to administer the drug test and will prepare and
maintain records stating why the employer did not administer the tests
promptly.
2. All reasonable steps will be taken to obtain a urine sample from an employee
after an accident. In the case of a conscious but hospitalized employee, the
employer will request a hospital or medical facility to obtain a sample and if
necessary, reference will be made to the DOT drug testing requirements. If
an employee is unconscious or otherwise unable to evidence consent to the
procedure,the medical facility shall collect the sample.
3. If an employee who is subject to post-accident testing is conscious, able to
urinate normally (in the opinion of a medical professional) and refuses to be
tested, that employee will be removed from duty as an employee covered by
this policy.
e. Alcohol Specific Requirements
If the alcohol test is not administered in 2 hours the employer will prepare and
maintain on file a record stating the reasons. If the alcohol test is not administered
within 8 hours the employer will stop attempts to administer the test and will prepare
and maintain a record stating the reason.
7.3 Random Testing. All employees working as drivers are subject to unannounced drug
and alcohol testing based on random selection. Random testing will be conducted as
follows:
a. The employer, through the consortium, will ensure that random drug and alcohol
tests are unannounced and spread reasonably throughout the calendar year.
b. The consortium will calculate the number of drivers subject to random drug and
alcohol tests using a scientifically valid method of random selection. To assure that
the selection process is random,all drivers covered by this policy may be placed in a
common pool. The random selection procedure will employ a computer-based
random number generator that is matched with the data base record number or social
security number of each driver in the pool.
c. All drivers will be subject to random testing on each random testing date and will
have an equal chance of being tested each time selections are made. As a result of
the random selection process, a driver may be tested more than once or not at all
during the calendar year.
December 1995 7
d. The consortium will select a sufficient number of alternate drivers for testing in each
test period to ensure that testing is conducted at the required rate. Alternate drivers
will be tested in order of selection only if persons selected are unavailable for testing
due to vacations, medical leave or travel requirements.
e. Testing Rate
1. Drug Specific Requirement. For drug testing,the number of drivers to be
tested will be equivalent to at least fifty percent(50%) of this pool every
twelve (12)months.
2. Alcohol Specific Requirement. For alcohol testing,the number of drivers to
be tested will be equivalent to at least twenty-five percent (25%) of the
common pool of drivers every twelve (12)months. The percentage of drivers
to be tested for alcohol misuse can be adjusted by the FHWA Administrator to
an amount between 10% and 50% of all drivers based on violation rates for
the industry.
f. A driver selected for random drug or alcohol testing will proceed to the test site
immediately. However, if the driver is performing a safety-sensitive function, the
driver will stop performing the safety-sensitive function and will proceed to the test
site as soon as possible.
g. Random testing will be spread reasonably throughout the year.
h. If a driver is subject to drug or alcohol testing under the testing rules of more than
one DOT agency for the employer, the driver will be subject to drug or alcohol
testing at the minimum annual percentage rate established for the calendar year by the
DOT agency regulating more than fifty percent(50%) of the driver's function.
If the employer is required to conduct random drug or alcohol testing under the
testing rules of more than one DOT agency the employer may:
1. Establish separate pools for random selection, with each pool having the
DOT-covered employees who are subject to testing at the same required
minimum annual percentage rate; or
2. Administer drug or alcohol tests to the highest minimum annual percentage
rate to which the employer is subject.
j. Alcohol Specific Requirement
The employer will administer a random alcohol test to a driver only just before,
while, or just after the driver has ceased performing a safety-sensitive function.
December 1995 8
7.4 Reasonable Suspicion Testing. When the employer has reasonable suspicion to believe
that a driver covered by this policy is using a prohibited drug, or is using alcohol in a
prohibited manner, the employer will require the driver to take a drug or alcohol test
(whichever is appropriate) as follows:
a. A decision to test must be based on specific contemporaneous, describable
observations concerning the appearance,behavior, speech or body odors of the
driver.
b. The required observations for reasonable suspicion drug or alcohol testing must be
made by a trained supervisor or a trained company official.
c. The employer may only direct a driver to take a reasonable suspicion drug or alcohol
test during,just before, or just after the period of the work day that the driver is
performing safety-sensitive functions.
d. Drug Specific Requirements
1. Observations may include indications of the chronic and withdrawal effects of
controlled substances. For drugs, examples of this are evidence of repeated
errors on-the-job, regulatory or employer rule violations, or unsatisfactory
time and attendance patterns, coupled with a specific contemporaneous event
that indicates probable drug use.
2. The employer will make a written record of the observations leading to a
reasonable suspicion drug test within 24 hours of the observations or before
the results of the drug test are released, whichever is earlier. The supervisor
or company official who made the observations must sign this record.
e. Alcohol Specific Requirements
1. For alcohol, the observations must be made just before, while, or just after the
driver has ceased performing safety-sensitive functions.
2. The person who makes the determination that reasonable suspicion exists to
conduct an alcohol test may not conduct the alcohol test.
3. If the test is not administered within 2 hours following the supervisor's
observation and determination that a reasonable suspicion of alcohol
violations exists, the employer will prepare and maintain on file a record
stating the reasons. If the alcohol test is not administered within 8 hours the
employer will stop attempts to administer the test and will prepare and
maintain a record stating the reason.
•
December 1995 9
4. Once behavioral, speech, and performance indicators show a driver is under
the influence of or impaired by alcohol, the driver will not report for, or
remain on duty requiring the performance of safety-sensitive functions.
5. The employer will not permit a driver to perform or continue to perform
safety-sensitive functions if the employer has a reasonable suspicion the
driver is under the influence of alcohol until:
(a) An alcohol test shows the driver's alcohol concentration is less than
.02; or
(b) 24 hours have elapsed following the determination of reasonable
suspicion.
6. Other than requiring a driver to take an alcohol test, the Commercial Driver's
License regulation (49 CFR Part 382) does not authorize the employer to take
any action against the driver based solely on the driver's behavior and
appearance with respect to alcohol use until the driver takes, or refuses to
take, an alcohol test. However, the employer may take any lawful action
against the driver which the employer desires if the employer has independent
authority to do so.
7.5 Return to Duty Testing. Any driver who has engaged in prohibited drug or alcohol use
(positive drug test; alcohol test at .04 or above) must undergo a drug or alcohol test before
returning to duty requiring the performance of safety-sensitive functions. The drug test must
indicate a verified negative result for drug use. The alcohol test must indicate an alcohol
concentration of less than .02.
7.6 Follow-up Testing. A driver returned to duty in accordance with subsection 7.5 is
subject to follow-up testing:
• a. Following a determination by a substance abuse professional that a driver needs help
in resolving drug or alcohol abuse problems, the employer will administer
unannounced follow-up drug or alcohol testing as directed by a substance abuse
professional. At least 6 tests are required in the first 12 months following the driver's
return to duty. The substance abuse professional may require both alcohol and drug
tests.
b. Alcohol Specific Requirement
The employer will conduct follow-up alcohol testing only just before, while, or just
after the driver performs safety-sensitive functions.
December 1995 10
SECTION 8. DRUG TESTING PROCEDURES
8.1 General Guidelines. The following testing procedures will be followed in conducting
tests under this program:
a. Drug testing will be performed utilizing urine samples. A split sample method of
collection will be used.
b. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be
performed.
c. Upon notification that a drug test is required, a driver will report immediately to a
drug collection site and provide a specimen of his/her urine. Since delay in reporting
to a site after notification can adversely affect the outcome of a test result, the time
allowed for drivers to report for drug testing after receiving notice will be travel time
plus thirty(30) minutes.
8.2 Collection Sites (For Urine Specimens) •
In order to provide maximum convenience to employees of consortium members, the
program will utilize the services of numerous collection sites throughout the state. A listing
of collection sites used under this program is included in Tab 6.
Each collection agency will comply with all methods and procedures of 49 CFR Part 40,
procedures for Transportation Workplace Drug Testing Program, and will provide necessary
reports to Consortium members it serves, showing compliance.
a. Split Specimen Samples
A split sample of at least 45 ml of urine will be collected--30 ml for the primary
sample and 15 ml for the split sample. If a 60 ml collection container or single
specimen bottle is used, the collection site personnel will divide the specimen into
two specimen bottles in the presence of the donor. Both bottles will be shipped in a
single shipping container, together with copies 1, 2, and the split specimen copy of -
the chain of custody form,to the laboratory.
If the test result of the primary specimen is positive, the MRO will, if requested by
the employee within 72 hours after being notified of the test result, direct a different
DHHS-certified laboratory to test the split specimen. The result of the second test
will be provided to the MRO. If the result of second test fails to confirm the drugs
found in the primary sample, the test will be canceled.
December 1995 11
b. Privacy
Unless there is a reason to believe that a particular individual may alter or substitute
the specimen, procedures for collecting urine specimens will allow individual
privacy.
•
The following circumstances are the only grounds for a reason to believe the
individual may tamper with a specimen and which justify the use of monitoring
procedures or direct observation of the donation of the urine specimen:
1. The specimen falls outside the normal temperature range and the employee
either declines to allow a measurement of oral body temperature or oral body
temperature varies by more than 1.8 degrees Fahrenheit from the specimen
temperature.
2. The last urine specimen provided by the employee was determined by the lab
to have a specific gravity of less than 1.00 and a creatinine concentration
below .2g/L.
3. The collection site person observes conduct clearly and unequivocally
indicating an attempt to substitute or adulterate the sample.
4. In the case of follow up testing, the employee has previously been determined
to have used a controlled substance without medical authorization.
5. A higher-level supervisor of the collection site person, or a designated
employer representative will review and agree in advance of any decision to
obtain a specimen under the direct observation of a same gender collection
site person.
c. The employee may not be required to waive liability with respect to negligence on
the part of any person participating in the collection, handling or analysis of the
specimen or to indemnify any person for the negligence of others.
d. If the employee refuses to cooperate with the collection process, the collection site
person will inform the employer representative and will document the non-
cooperation on the drug testing custody and control form.
e. Samples that yield positive results on confirmation must be retained by the laboratory
in properly secured, long-term, frozen storage for at least one year. Within this one-
year period, the employee or his/her representative,the consortium member, or the
authorized federal or state agencies may request that the laboratory retain the sample
for an additional period. If, within the one-year period, the laboratory has not
December 1995 12
received a proper written request to retain the sample for a further reasonable period
specified in the request,the sample may be discarded.
g. Since some analytes may deteriorate during storage, detected levels of the drug below
the detection limits established in the DOT Procedures, but equal to or greater than
the established sensitivity of the assay, must, as technically appropriate,be reported
and considered corroborative of the original positive results.
8.2 Medical Review Officer(IvIRO). The MRO for this policy is:
Deitmar Hanns-Jurgen Bennet M.D.
Patty Pepper, M.D.
c/o Chem Review
1424 W. Century Avenue, Suite 106
Bismarck, ND 58501
(800) 759-8510
An essential part of the drug testing program is the final review of confirmed positive results
from the laboratory. A positive test result does not automatically identify an employee or
applicant as having used dugs. An individual with a detailed knowledge of possible alternate
medical explanations is essential to the review of the results. This review is performed by
the MRO prior to giving the results to the employer. The MRO is a licensed physician with
knowledge of substance abuse disorders.
A list of the MRO's duties can be found at 49 CFR sections 382.407 and 382.408 and Part 40
of the federal regulations. Those duties include:
a. Notifications to the Employer
The medical review officer may report to the employer in any manner, but must
forward a signed written notification within three business days of completion of the
medical officer's review. The report shall include:
1. Indication that the drug test met the requirements of part 40 drug testing
procedures;
2. The name of the person tested;
3. The type of test;
4. The date and location of the specimen collection;
December 1995 13
5. The identity of the persons/entities performing collection, analysis and the
MRO;
6. The verified results of the drug test and, if positive,the identity of the drugs
testing positive; and
7. The fact that the MRO made reasonable efforts to contact the driver.
b. Recordkeeping
The MRO will keep the following records:
1. Positive drug test results for five years.
2. Negative and canceled drug test results for one year.
c. Confidentiality
The MRO cannot release individual drug test results without first obtaining a specific,
written authorization from the tested driver. Nothing, however, shall prohibit a
medical review officer from releasing, to the employer or to officials of the Secretary
of Transportation, any DOT agency, or any State or local officials with regulatory
authority over the controlled substances testing program, information relating to test
results.
d. Medical Review Duties
The Medical Review Officer is responsible for the following:
1. Review the results of drug testing before they are reported to the employer.
2. Review and interpret each confirmed positive test result as follows to
determine if there is an alternative medical explanation for the confirmed
positive result:
(a) Conduct a medical interview with the individual tested.
(b) Review the individual's medical history,or any other relevant
biomedical factors.
(c) Review all medical records made available by the individual tested to
determine if a confirmed positive test resulted from legally prescribed
medication.
(d) Verify that the laboratory report and assessment are correct.
December 1995 14
3. If the MRO concludes there is a legitimate medical explanation, other than
prohibited drug use, for a confirmed positive result the MRO will declare the
test to be negative.
4. Review the chain of custody to ensure that it is complete and sufficient on its
face.
5. Contact the tested individual directly, on a confidential basis, to determine
whether the employee wishes to discuss the test result. If, after making all
reasonable efforts and documenting them, the MRO is unable to reach the
individual directly,the MRO will contact the employer's designated
management official who will direct the individual to contact the MRO as
soon as possible.
6. The MRO will not disclose to any third party any medical information
provided by the individual except,the MRO may disclose such information to
the employer, a DOT agency or a physician responsible for determining the
medical qualification of the employee under an applicable DOT agency
regulation only if:
(a) An applicable DOT regulation permits or requires such disclosure;or
(b) In the MRO's reasonable judgment, the information could result in the
employee being determined to be medically unqualified under an
applicable DOT agency rule;or
(c) In the MRO's reasonable judgment, the information indicates that
continued performance by the employee of a safety-sensitive function
could pose a significant safety risk.
7. Before obtaining medical information from the employee as part of the
verification process,the MRO will inform the employee that information may
be disclosed to third parties and the identity of any parties to whom the
information may be disclosed.
8. The MRO may verify a test as positive without direct communication with the
employee if the employee expressly declines the opportunity to discuss the
test or if the designated employer official has made and documented a contact
with the employee and more than five days have passed without the MRO
receiving any communication from the employee. If such a verification
occurs, the employee may present the MRO information documenting
unavoidable circumstances which prevented the employee from timely
contacting the MRO. Based on this information,the MRO may reopen the
verification.
December 1995 15
9. Following the verification of apositive test result,the MRO will, as provided
Following
in the employer's policy, refer the case to the employer's employee assistance
program, to the employer's management official empowered to recommend or
take administrative action, or both.
10. Before the MRO verifies a confirmed positive result for opiates, the MRO
will determine there is clinical evidence, in addition to the urine test, of
unauthorized use of any opium, opiate, or opium derivative.
11. If the employer has used a single sample method, the MRO will notify each
employee who has a confirmed positive test that the employee has 72 hours in
which to request a re-analysis of the original specimen. If the employee
makes such a request,the MRO will order,in writing, a re-analysis.
12. If the MRO questions the accuracy of any test result, only the MRO may
require that the original specimen be re-analyzed.
13. Determine whether and when an employee who refused to take or did not pass
a drug test administered under DOT procedures may be returned to duty.
14. Determine a schedule of unannounced testing in consultation with the
operator for an employee who has returned to duty.
15. Ensure that an employee has been drug tested in accordance with DOT
procedures before the employee returns to duty.
8.3 Testing Laboratory. The testing laboratory for this policy is:
MEDEXPRESS
4022 Willow Lake Blvd.
Memphis, TN 38118
Phone: 800/526-6339
Fax: 701/258-2637
The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and
will provide annual reports to The Consortium and to each consortium member showing
compliance. In the event that the designated laboratory is unable to satisfactorily perform
services required under this program,The Consortium will designate an alternative
laboratory.
December 1995 16
a. The Consortium, through AdMed, will have a written contract with the lab which will
require the lab to:
1. Maintain employee test records in confidence; and
2. Disclose information related to a positive drug test to the individual,the
employer, or the decision maker in a lawsuit or other proceeding initiated by
or on behalf of the individual and arising from a certified positive drug test.
b. Drug testing labs must be secure at all times and must restrict access to specifically
authorized individuals whose authorization is documented. Documentation of
individuals accessing drug testing areas, dates, and time and purpose of entry will be
maintained.
c. Reporting Results
P a
1. The lab will report test results to the employer's Medical Review Officer.
Before any test result is reported,it will be reviewed and the test certified as
an accurate report by the individual conducting the test.
2. Only confirmed positive specimens will be reported positive for a specific
drug.
3. The lab may transmit results to the Medical Review Officer by various
electronic means so long as they are designed to ensure confidentiality by
limiting access to the transmission. Results may not be provided verbally by
telephone.
4. The lab will provide a monthly statistical summary of urinalysis testing for
each employer and the consortium. This analysis will not include any
identifying information so that it is not likely that information about
individual's tests can be inferred. This summary will be delivered to each
employer by registered or certified mail not more than 14 calendar days after
the end of the month covered by the summary.
d. Quality Assurance and Quality Control
1. All drug testing labs must have quality assurance and control procedures to
monitor each step of the drug testing process. As part of the quality control
process the consortium will submit blind samples on behalf of consortium
members. The consortium will submit three blind performance test specimens
for each 100 employee specimens it submits for testing, up to a maximum of
100 blind performance test specimens per quarter.
December 1995 17
2. The consortium will provide documentation to participating members
showing the number of blind samples sent to the lab vs. the total number of
samples submitted to the lab.
e. Individual Access to Test and Laboratory Certification Results
Any employee who has undergone a drug test will,upon making a written request,
have access to any records relating to the employee's drug test and any records
relating to the results of any relevant certification,review, or revocation of
certification proceedings.
8.4 Collection Agencies (For Urine Specimens). In order to provide maximum
convenience to employees, the program will utilize the services of numerous collection sites
throughout the state. A listing of collection sites is contained in a separate section of this
manual.
Each collection agency will comply with all methods and procedures of 49 CFR Part 40 and
will provide required reports.
The consortium and the lab will develop and maintain a procedure for collection, shipment,
and access to urine specimens which will include at a minimum:
a. Use of a standard drug testing custody and control form which identifies data on the
donor and on the specimen collection and transfer process.
b. Use of a clean, split specimen bottle that is securely wrapped until filled with the
specimen. The bottle will only be unwrapped immediately before being given to the
employee and in the presence of the employee to be tested.
c. Use of a tamper proof sealing for the specimen bottle.
d. Use of a shipping container that will prevent undetected tampering.
e. Written procedures and instructions including emphasis that the collection site person
is responsible for maintaining the integrity of the specimen,collection and transfer,
carefully ensuring the modesty and privacy of the donor;that the collection site
person is to avoid any conduct or remarks that might be understood as accusations or
which are offensive or inappropriate; that unless it is impracticable, a direct
supervisor of an employee will not serve as the collection site person for that
employee; that if a collection must be monitored by non-medical personnel, or is
directly observed, the collection site person will be of the same gender as the
employee giving the sample.
fi i
December 1995 18
SECTION 9. ALCOHOL TESTING PROCEDURES
9.1 General Requirements. The general requirements for alcohol testing under this
program are as follows:
a. Alcohol testing will be performed using breath or saliva samples.
b. Upon notification that an alcohol test is required, a driver will report for alcohol
testing and provide a breath or saliva specimen. Since delay in reporting after
notification can adversely affect the outcome of a test result,the time allowed for
employees to report for alcohol testing after receiving notice will be travel time plus
thirty (30) minutes.
c. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR
Part 40,Procedures for Transportation Workplace Alcohol Testing Program.
9.2 Screening Tests. Alcohol screening tests will be conducted in accordance with the
following procedures:
a. The screening test may be conducted using non-evidential alcohol screening devices,
either breath or saliva, or evidential breath testing devices (EBTs).
b. Evidential Breath Testing Devices (EBTs)Procedures.
1. The Breath Alcohol Technician and the driver will complete sections one and
two, respectively, of the Breath Alcohol Testing Form, a sample of which is
found in Appendix A of the 'Rules' section. If the driver refuses to sign this
certification, the driver will be considered to have refused to take the alcohol
test.
2. An individually-sealed mouthpiece will be opened in front of the employee
and the Breath Alcohol Technician (BAT) and will be attached to the
Evidential Breath Testing Device (EBT).
3. The Breath Alcohol Technician will tell the employee to blow forcefully into
the mouthpiece for at least 6 seconds or until the EBT indicates that an
adequate amount of breath has been obtained.
4. If the result of the test is an alcohol concentration of less than .02,the Breath
Alcohol Technician will date and sign the certification in Step 3 of the Breath
Alcohol Testing Form. The driver will sign the certification and fill in the
date in Step 4 of the form.
December 1995 19
5. If the driver does not sign Step 4 of the form, the Breath Alcohol Technician
will note such failure in the "Remarks" section of the form. The driver's
failure to sign Step 4 of the form does not constitute a refusal to be tested.
6. If the test result is an alcohol concentration of less than .02,no further testing
is authorized for that particular test session. The Breath Alcohol Technician
will transmit the results to the employer in a confidential manner and the
employer will store the test results. Statistical information about alcohol test
results will be provided to the consortium for compilation and distribution to
consortium participants.
7. If the result of the initial test is an alcohol concentration of.02 or greater, a
confirmation test will be performed. If the confirmation test is completed by
a different Breath Alcohol Technician,the original Breath Alcohol Technician
will complete and sign the Breath Alcohol Testing Form and provide the
driver with Copy 2 of the form.
c. Saliva and Other Non-EBT Procedures
1. Only certified screening devices may be used. The test will be conducted by a
screening test technician (STT) who has completed a course of instruction and
demonstrated a proficiency in using the device.
2. The location for the test will meet the same privacy requirements as for an
EBT. The STT will supervise only one driver at a time and will remain with
the driver during the test.
9.3 Confirmation Tests. If the result of the initial test is an alcohol concentration of.02 or
greater, another alcohol test will be completed to confirm the results. If the confirmation test
is conducted at a different site, the driver will be monitored during transit by the BAT or
other designated person. The driver will not be allowed to drive,perform safety-sensitive
functions, or operate heavy equipment during the waiting period All EBTs used for
confirmation tests must be capable of providing a printed result in triplicate and assigning a
unique sequential number to each test. The confirmation test will be administered as
follows:
a. Waiting Period
1. The Breath Alcohol Technician will wait at least 15 minutes,but no longer
than 30 minutes, after the completion of the initial test before administering
the confirmation test. If the confirmation test is not done within 30 minutes
the test will still be valid.
December 1995 20
2. The driver is not to eat, drink, put any object or substance in his or her mouth,
and not to belch during the waiting period before the confirmation test.
3. The reason for the waiting period and the restrictions on the driver's activities
during that time is for the employee's benefit to prevent any accumulation of
mouth alcohol leading to an artificially high reading.
4. The test will be conducted at the end of the waiting period, even if the
employee has disregarded the instruction regarding the limitation of activities
during the waiting period.
5. If a driver does not comply with the waiting period instruction, the Breath
Alcohol Technician will so note in the "Remarks" section of the Breath
Alcohol Testing Form.
b. If a Breath Alcohol Technician other than the one who conducted the initial test is
conducting the confirmation test, the new BAT will use a new Breath Alcohol
Testing Form and will require the driver to complete the appropriate sections both
before and after testing.
c. A new mouthpiece will be used for the confirmation test and the same procedures
will be used for administering the test as were used in administering the initial test.
d. The Breath Alcohol Technician will ensure that the EBT registers 0.00 on an air
blank before administering the confirmation test. If the reading is greater than 0.00,
testing will not proceed using that instrument. However, testing may proceed on
another instrument.
e. If the initial and confirmation test results are not the same,the confirmation test result
is considered to be the final result upon which any action in regard to the driver will
be based.
9.4 Problems With Testing. The following is a list of procedures to be followed in the
event of testing problems:
a. Refusals to test and uncompleted tests
1. Refusal by a driver to complete and sign the Breath Alcohol Testing Form
Step 2, to provide an adequate amount of breath, or otherwise to cooperate
with the testing process in a way that prevents the completion of the test, will
be noted by the Breath Alcohol Technician in the "Remarks" section of the
Breath Alcohol Testing Form. The Breath Alcohol Technician will end the
testing process and will immediately notify the employer.
December 1995 21
2. If a screening or confirmation test cannot be completed, or if an event occurs
that would invalidate the test, the Breath Alcohol Technician will, if
practicable,begin a new test using a new Breath Alcohol Testing Form.
b. Inability of Driver to provide an adequate amount of breath
If a driver is unable, or alleges that he or she is unable,to provide an amount of
breath sufficient to complete a breath test because of a medical condition,the
following procedures will be followed:
1. Breath Alcohol Technician
(a) The Breath Alcohol Technician will tell the driver to try to provide an
adequate amount of breath. If the driver refuses to make the attempt,
the Breath Alcohol Technician will immediately inform the employer.
(b) If the driver attempts and fails to provide an adequate amount of
breath,the Breath Alcohol Technician will so note in the "Remarks"
section of the Breath Alcohol Testing Form and immediately inform
the employer.
2. Employer
(a) The employer will tell the driver to obtain, as soon as practical after
the attempted provision of breath, an evaluation from a licensed
physician concerning the employee's medical ability to provide an
adequate amount of breath.
(b) If the physician determines,in his or her reasonable medical judgment,
that a medical condition has prevented the driver from providing an
adequate amount of breath, the driver's failure to provide an adequate
amount of breath will not be considered a refusal to take the test.
(c) If the physician is unable to determine that a medical condition has
prevented the driver from providing an adequate amount of breath,the
driver's failure to provide an adequate amount of breath is considered
a refusal to take the test.
(d) The physician will provide the employer a written statement of the
basis for the physician's conclusion.
c. Invalid Tests
A breath alcohol test will be invalid under the following circumstances:
December 1995 22
1. The next external calibration check of an EBT shows that the machine is
inaccurate. In this event, every test result of.02 or greater obtained on the
device since the last valid external calibration check is invalid.
2. The Breath Alcohol Technician does not observe the minimum 15-minute
wait period prior to a confirmation test.
3. The Breath Alcohol Technician does not perform an air blank of the EBT
before a confirmation test, or an air blank does not result in a reading of 0.00
prior to or after the administration of the test.
4. The Breath Alcohol Technician does not sign the Breath Alcohol Testing
Form as required.
5. The Breath Alcohol Technician does not note on the "Remarks" section of the
Breath Alcohol Testing Form that the employee has failed or refused to sign
the form following the recording or printing on or attachment to the form of
the test result.
6. The EBT fails to print a confirmation test result.
7. There is a difference between the sequential test number or alcohol test result
displayed on the EBT and the sequential test number or alcohol test result on
the printed result.
9.5 Testing Sites. The following shall apply to alcohol testing sites used in this program:
a. The testing location must provide the driver being tested with privacy sufficient to
prevent unauthorized people from seeing or hearing test results.
b. Access to the testing location will be limited to authorized people when the EBT is
not in a secure place or, when testing is being conducted.
c. The only time a test will be conducted outside of the selected testing site will be
when it is essential to perform the test at the scene of an accident. The employer will
provide the employee with the greatest privacy possible under such circumstances in
an effort to prevent unauthorized people from seeing or hearing test results.
9.6 Breath Alcohol Technician (BAT). The following shall apply to breath alcohol
technicians under this program:
a. Training
December 1995 23
1. The BAT must be trained to proficiency in the operation of the EBT he or she
is using and in the alcohol testing procedures of 49 CFR Part 40.
2. Proficiency is demonstrated by successful completion of a course which
provides training in EBT methodology, operation, and calibration checks; the
fundamentals of breath analysis for alcohol content; and the procedures
required for obtaining a breath sample, and interpreting and recording EBT
results.
3. Courses must be equivalent to a DOT model course as determined by the
National Highway Traffic Safety Administration (NHTSA). NHTSA will
review a BAT instruction course for equivalency.
4. The course must provide documentation that the BAT has demonstrated
competence in the operation of the specific EBT(s)he or she will use.
5. Any BAT who will perform an external calibration check of an EBT will be
trained to proficiency in conducting the check on the particular model of
EBT, to include practical experience and demonstrated competence in
preparing the breath alcohol simulator or alcohol standard, and in
maintenance and calibration of the EBT.
6. The BAT must receive additional training as needed to ensure proficiency
concerning new or additional devices or changes in technology that the BAT
will use.
b. Parties Who May Act as a BAT
1. Generally the direct supervisor of an employee may not act as BAT for that
employee's alcohol test. However, a BAT qualified supervisor of an
employee may conduct the alcohol test for that employee if, and only if,
another BAT is unavailable to perform the test in a timely manner.
2. Law enforcement officers certified by state or local governments to conduct
breath alcohol tests are deemed to be qualified as BATs. Such officers must
be certified to use the EBT that is used for the test to qualify under DOT
alcohol testing requirements.
c. The BAT will not leave the alcohol testing location while the testing procedure is in
progress.
d. The BAT will require the driver to provide positive identification when the driver
enters the alcohol testing location. Positive identification will be through the use of a
photo I.D. card or identification by an employer representative.
December 1995 24
e. The BAT will provide the driver with positive identification if the driver makes such
a request.
f. The BAT will explain the testing procedure to the driver before starting the testing
process.
g. If the EBT provides a printed result,but does not print the results directly onto the
Breath Alcohol Testing Form, the Breath Alcohol Technician will show the driver the
result displayed on the EBT. The Breath Alcohol Technician will then affix the test
result printout to the Breath Alcohol Test Form using a method that will provide clear
evidence of tampering.
h. If the EBT prints the test results directly onto the Breath Alcohol Testing Form,the
Breath Alcohol Technician will show the employee the result displayed on the EBT.
I. Reporting of test results to the employer
1. The Breath Alcohol Technician will transmit all test results to the designated
employer representative in a confidential manner.
2. If the results require the employer to prevent the driver from performing a
safety-sensitive function the Breath Alcohol Technician will ensure the results
are transmitted immediately.
3. Such transmission may be in writing, in person,by phone or electronically.
4. If the initial transmission of test results is not in writing, the Breath Alcohol
Technician will follow the initial transmission by providing the employer with
a copy of the Breath Alcohol Testing Form.
December 1995 25
9.7 Employer Duties. The employer's duties in conducting alcohol testing under this
program include:
a. Breath Alcohol Testing form
1. The employer will ensure that the Breath Alcohol Technician uses the three-
part form required by the federal regulations.
2. The parts of the form are as follows: Copy 1 (white) will be kept by the
BAT; Copy 2 (green) will be given to the employee;Copy 3 (blue) will be
transmitted to the employer for recordkeeping.
b. The employer will designate one or more employer representatives for the purpose of
receiving and handling alcohol testing results in a confidential manner. All
communications by Breath Alcohol Technicians concerning alcohol test results will
be to a designated employer representative.
c. If test results are reported in any way other than writing,the employer will verify the
identity of the Breath Alcohol Technician.
d. The employer will establish documentation of the training and proficiency of each
Breath Alcohol Technician it uses to test employees.
e. The employer will comply with the NHTSA-approved quality assurance plan for
each EBT it uses for alcohol testing including:
1. ensuring that external calibration checks of each EBT are performed as
required;
2. taking an EBT out of service if any external calibration check results in a
reading outside tolerance levels;
3. ensure that inspection, maintenance and calibration of each EBT are
performed by appropriate parties;
4. ensure that each Breath Alcohol Technician who performs an external
calibration check is qualified to do so; and
5. store the EBT in a secure space when it is not in use at a testing site.
December 1995 26
SECTION 10. INFORMATION AND TRAINING
10.1 Education. Every employee covered by this policy will receive the following.drug
and alcohol use education prior to the start of testing:
a. Person available to answer questions about the materials;
b. Categories of drivers subject to testing;
c. Description of safety-sensitive position;
d. Specific information on conduct which is prohibited;
e. Circumstances when drivers will be tested;
f. Testing procedures to protect the driver and integrity of testing process;
g. Requirement that testing is required;
h. Explanation of refusal to submit to testing and the consequences;
I. Consequences of engaging in prohibited conduct;
j. Consequences of alcohol concentration of 0.02 or greater,but less than 0.04;
k. Information on effects of substance abuse on an individual's health, work, and
personal life; signs of a substance abuse problem; and available methods of
intervening when a problem is suspected. This information may consist of the
employer's substance abuse prevention program and policy. MMUA also has a
videotape you may rent - `Whatever Happened to Dick and Jane' - that would help
meet this requirement.
The policy will be made available to each employee and displayed in the work area. Each
employee will sign a statement certifying that the employee has received a copy of the
materials.
If drug or alcohol counseling and/or rehabilitation is available through the employer,
information about such assistance will be given to each employee and displayed in the work
area.
10.2 Supervisor Training.
Every supervisor covered by this policy who will determine whether a driver must submit to
a reasonable suspicion drug or alcohol test will receive at least two hours of training on the
specific, contemporaneous physical, behavioral, speech, and performance indicators of
December 1995 27
probable drug or alcohol abuse. One hour will cover alcohol misuse and one hour will relate
to drug use.
A list of each management or supervisory position which will be subject to EAP training is
attached to this policy as Appendix C.
SECTION 11. DRIVER REFERRAL,EVALUATION AND TREATMENT
11.1 Drivers Engaged In Prohibited Drug/Alcohol Use. A driver who has engaged in
prohibited conduct(See section 6) will be:
a. Immediately removed from the performance of safety-sensitive functions;
b. Advised by the employer of resources available to the driver in evaluating and
resolving drug or alcohol abuse problems including names, addresses, and phone
numbers of substance abuse professionals and counseling and treatment programs;.
c. Evaluated by a substance abuse professional to determine what assistance, if any,is
necessary;
d. Subject to return to duty drug and alcohol tests. For drugs,the driver must have a
negative test result before being allowed to perform safety-sensitive functions. For
alcohol, the driver must have a test result of less than .02 before being allowed to
perform safety-sensitive functions.
11.2 Drivers Identified as Needing Assistance. Drivers identified as needing assistance
will be:
a. Evaluated by a substance abuse professional to determine that the driver has followed
any rehabilitation program properly;
b. Subject to unannounced follow up drug or alcohol tests under the following
guidelines:
1. Thenumberand frequency of follow up tests will be.determined by a
substance abuse professional and will consist of at least six tests in the first
twelve months;
2. The employer may direct the employee to undergo return to duty and follow
up drug or alcohol tests if the substance abuse professional determines such
tests are necessary;
3. Follow-up testing will not exceed 60 months from the date of the driver's
return to duty; and
December 1995 28
4. The substance abuse professional may end testing after the first six tests if
such tests are no longer necessary.
113 Evaluation and Treatment Services. The following shall apply to evaluation and
treatment services provided under this program:
a. Evaluation and rehabilitation may be performed by a substance abuse professional
provided by the employer; a substance abuse professional under contract with the
employer; or by a substance abuse professional not affiliated with the employer;
b. The employer will ensure the substance abuse professional who determines a driver
needs assistance does not refer the driver to the substance abuse professional's private
practice; an entity from which the substance abuse professional receives
remuneration; or an entity in which the substance abuse professional has a financial
interest unless such assistance is provided by a public agency; the employer or an
entity under contract with the employer; the sole source of treatment under the
driver's health insurance program; or the sole source of treatment reasonably
accessible to the driver.
c. The choice of substance abuse professional and assignment of costs will be made
based on employer policies and agreements between the employer and drivers.
11.4 Scope. The policies governing the referral, evaluation and treatment of drivers do not
apply to applicants who refuse to submit to pre-employment tests or to applicants having a
verified positive pre-employment drug test result or a pre-employment alcohol test result of
.04 or greater.
December 1995 29
SECTION 12. RECORDKEEPING
12.1 Security and Inspection. The employer will maintain records of its drug and alcohol
programs in a secure location with controlled access for the periods specified. These records
will be available for inspection at the employer's principal place of business within two
business days of a request by an authorized representative of the Federal Highway
Administration.
12.2 Time-Frame for Record Retention. Records will be retained for the following
periods:
a. Records to be kept for 5 years:
1. Verified positive drug test results and alcohol test results indicating an alcohol
concentration of.02 or greater;
2. Documentation of refusal to take drug or alcohol tests;
3. Driver evaluation referrals;
4. Annual Calendar year summary prepared pursuant to section 382.403.
b. Records to be kept for 2 years:
1. Other records relating to the collection/testing process;
2. Training records.
c. The employer will keep negative and canceled drug test results for one year. The
employer will keep alcohol test results with a concentration of less than .02 for one
year.
12.3 Records to be Kept. The employer will maintain the following records:
a. Records relating to the collection process including:
1. Collection logbooks, if used;
2. Random selection process documents;
3. Documents related to decisions to administer reasonable suspicion tests;
4. Documents related to decisions on post-accident tests;
December 1995 30
5. Medical explanations for the inability of a driver to provide a urine sample for
testing;
6. Consolidated annual calendar year summaries;
7. Alcohol Specific Requirements
(a) Calibration documentation for evidential breath testing devices;
(b) Documentation of Breath Alcohol Technician;Training.
b. Records related to drivers'test results:
1. Drug Specific Requirements
(a) Employer's copy of the drug test chain of custody and control form;
(b) Documents sent by the MRO to the employer;
2. Alcohol Specific Requirements
Employer's copy of the alcohol test form,including test results;
3. Documents related to drivers'refusal to submit to a required test;
4. Documents submitted by drivers to dispute test results.
c. Records related to other violations of the law governing drug or alcohol programs;
d. Evaluation records including records pertaining to a substance abuse professional's
determination of a driver's need for assistance; and records concerning a driver's
compliance with the recommendations of a substance abuse professional.
e. Education and training records including:
1. Awareness records including the employer's drug and alcohol abuse policy;
2. Documentation of compliance with education requirements including each
driver's signed receipt of educational materials;
3. Documentation of supervisor training for reasonable-suspicion testing;
4. Certification that all training complies with regulatory requirements.
f. Drug testing records including:
1. Agreements with collection sites,labs, MRO's and the Consortium;
December 1995 31
2. Names and positions of officials and their roles in the employer's testing
program;
3. Monthly lab statistical summaries of urinalysis;
12.4 Management Information System. The employer will prepare and maintain an
annual calendar year summary of the results of its drug and alcohol testing program for the
previous calendar year by March 15 of each year. If notified in January,the employer is
required to submit the report to the Federal Highway Administration by March 15.
a. Drug Specific Requirements of the Summary
1. Calendar year summaries that indicate one or more verified positive drug tests
will include the following information:
(a) Number of drivers subject to part 382;
(b) Number of drivers subject to drug use rules of more than one DOT
agency, organized by DOT agency;
(c) Number of urine specimens collected, organized by type of test;
(d) Number of positive drug tests, and type of drugs, verified by a MRO,
organized by type of test;
(e) Number of negative drug tests verified by a MRO, organized by type
of test;
(f) Number of persons denied a position by pre-employment test;
(g) Number of drivers verified positive for multiple drugs;
(h) Number of drivers who refused testing;
(i) Number of supervisors who received drug training during the year;
(j) Number of drivers returned to duty who previously had a verified
positive drug test;
(k) Number of drivers given a drug and alcohol test at the same time who
had a verified positive drug test and an alcohol concentration of.04 or
greater;
(1) Number of drivers violating non-testing provisions of the federal
regulations and any responsive action.
December 1995 32
2. Calendar Year Summaries with no violations can be recorded on an "EZ"
report form containing:
(a) Number of drivers subject to part 382;
(b) Number of drivers subject to the drug use rules of more than one DOT
agency,organized by DOT agency;
(c) Number of urine specimens collected, organized by type of test;
(d) Number of negative test results verified by an MRO, organized by
type of test;
(e) Number of drivers who refused testing;
(f) Number of supervisors who received drug training during the year;
(g) Number of drivers returned to duty who previously had a verified
positive drug test.
b. Alcohol Specific Requirements
1. Calendar year summaries that indicate one or more alcohol test result of.02 or
greater, or any other of the alcohol misuse provisions of Subpart B will
include the following information:
(a) Number of drivers subject to part 382;
(b) Number of drivers subject to testing under the alcohol misuse rules or
more-than one DOT agency, organized by DOT agency;
(c) Number of persons denied a position by pre-employment alcohol test;
(d) Number of drivers who refused testing;
(e) Number of supervisors who received alcohol training during the year;
(t) Number of screening alcohol tests,by type of test;
(g) Number of confirmation alcohol tests,by type of test;
(h) Number of confirmation alcohol tests indicating alcohol concentration
of.02 or greater,but less than .04, by type of test;
(i) Number of confirmation alcohol tests indicating an alcohol
concentration of.04 or greater, by type of test;
(i) Number of drivers returned to duty who previously engaged in
prohibited alcohol misuse under these regulations;
(k) Number of drivers given a drug and alcohol test at the same time who
had a verified positive drug test and an alcohol concentration of.04 or
greater;
(1) Number of drivers violating non-testing provisions of these
regulations and any responsive action.
2. Calendar Year Summaries with no alcohol screening tests of.02 or greater
can file an "EZ" report form containing:
(a) Number of drivers subject to part 382;
December 1995 33
(b) Number of drivers subject to the alcohol misuse rules of more than
one DOT agency, organized by DOT agency;
(c) Number of drivers who refused testing;
(d) Number of supervisors who received alcohol training during the year;
(e) Number of screen alcohol tests by type of test;and
(0 Number of drivers returned to duty who previously engaged in
prohibited alcohol misuse.
c. Employers subject to more than one DOT alcohol or drug program will identify each
driver covered by more than one DOT agency. The identification will be by the total
number of covered functions. Prior to conducting any drug test on any such driver,
the employer will determine which agency rules authorize or require the test. The
employer will direct the test results to the appropriate DOT agency or agencies.
d. The Consortium will prepare annual calendar year summaries and reports for the
employer. However, the employer will sign and submit such a report and will remain
responsible for ensuring the accuracy and timeliness of each report the consortium
prepares on its behalf.
SECTION 13. ACCESS TO FACILITIES AND RECORDS
13.1 Employer Records. Access to facilities and records held by the employer shall be as
follows:
a. The employer will not release driver information that is contained in drug or alcohol
program records except as required by law or expressly authorized by the driver.
b. A driver is entitled,upon written request, to obtain copies of any records pertaining
to the driver's use of drugs or alcohol, including any test records. The employer will
promptly give these records to the driver and will not make access to the records
contingent upon payment for records other than those specifically requested.
c. The employer will permit access to all facilities utilized in complying with the drug
and alcohol program laws tonfederal, state and local officials with regulatory
authority over the employer or its drivers.
d. The employer will make all drug or alcohol test results and other program
information available to federal, state and local officials with regulatory authority
over the employer or its drivers when requested.
e. The employer will disclose information related to the employer's administration of
post accident tests when requested by the National Transportation Safety Board as
part of a related accident investigation.
December 1995 34
f. The employer will provide records to subsequent employers upon written request
• from a driver and only as expressly authorized by the terms of the driver's request.
g. The employer may provide information to a driver or decision maker when a
grievance or other proceeding has been initiated by or on behalf of the driver which
arises from the results of a drug or alcohol test given by the employer,or from the
employer's determination that the driver engaged in prohibited conduct. Such
proceedings may pertain,but are not limited to, workers compensation,
unemployment compensation or other benefits sought by the driver.
h. The employer will release information regarding a driver's records as directed by the
specific, written consent of the driver authorizing the release of the information to an
identified person and only in accordance with the terms of the driver's consent.
13.2 Previous Employer. Access to records held by a previous employer are as follows:
a. The employer will obtain, pursuant to a driver's consent,information on the driver's
positive drug test results; alcohol test results of.04 or greater and refusals to be tested
for drugs or alcohol within the preceding two years. The employer will obtain and
review this information no later than 14 days after the first time a driver performs a
safety-sensitive function for the employer, even if the driver stops performing safety-
sensitive functions before 14 days have passed. The employer may not permit a
driver to perform safety-sensitive functions after 14 days without obtaining the
information.
b. The employer may obtain, pursuant to a driver's written consent, any of the
information concerning the driver which is maintained, under this part,by the driver's
previous employers.
c. The employer requesting information from previous employers within the previous 2
years must provide those employers with the driver's written authorization for release
of the information.
d. Release of information may be done by any method ensuring confidentiality. Each
employer will maintain a written, confidential record with respect to each past
employer contacted.
e. The employer will not use a driver for safety-sensitive functions if the employer
obtains information showing a verified positive drug test result; an alcohol test result
of.04 or greater or a refusal to be tested unless the employer obtains information on a
subsequent substance abuse professional's evaluation.
December 1995 35
DRUG AND ALCOHOL TESTING CONSORTIUM
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix A
Substance Abuse Prevention Policy
Name of Organization
December 1995
DRUG AND ALCOHOL TESTING CONSORTIUM
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix B
Employee Positions Subject to Drug and Alcohol Testing
Name of Organization
List below,by title or description,all positions in your organization for which drug testing is required under 49 CFR,
Part 382. Include the current number of employees for each position. See section 2 of the IsaIUA program for more
information.
Title or description of employee position
•
December 1995
DRUG AND ALCOHOL TESTING CONSORTIUM
SUBSTANCE ABUSE PREVENTION PROGRAM
Appendix C
Management or Supervisory Personnel
Subject to Employee Assistance Program Training
Name of Organization
List below,by title or description,all positions in your organization for which Employee Assistance Program(EAP)
training is required under 49 CFR,Part 382. Include the current number of employees for each position. See section
10.2 of the lIUA program for more information.
Title or'description of employee position
December 1995
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: March 28, 1996
RE: ADA Question at Community Center
BACKGROUND:
At the March 12, 1996 meeting, the City Council directed staff
to research whether the City is required to provide access to the
walking track. Currently the walking track can be reached only
through stairs. Staff also was directed to determine whether the
architect or some other person under contract to the City was
liable for any costs which may be incurred in providing access to
the walking track.
DISCUSSION:
Staff has researched the federal law relating to providing
access to public facilities. This law, which can be found at 42
U.S.C. 12101 et seq. , does not require that all new facilities be
accessible to the disabled. In particular, Sec. 12183 (b) provides
an exception for structures under three stories tall, or under
3, 000 square feet per story, if an elevator would be needed to
provide access. Therefore, although the general provision in Sec.
12183 (a) says that all new facilities should be "readily accessible
to and usable by individuals with disabilities", that is not
required by law when access would mean an elevator had to be
installed.
An alternative walking track was installed at an accessible
level of the community center, around the gymnasiums. Whether this
accessible track is considered legally equivalent is impossible to
tell unless we get sued and a court decides the case. The
uncertainty in this also makes it extremely difficult to hold an
architect liable for approving an alternative walking track.
Staff also spoke with Mr. Curt Wiehle, Accessibility
Specialist with the Minnesota State Council on Disability. Mr.
Wiehle suggested that staff call the Federal Department of Justice
for further clarification whether or not the City' s facility met
ADA standards. Staff then spoke with Ms. Ellen Harlan, an
architect with the Federal Department of Justice in Washington D.C.
Ms. Harlan would not say specifically whether the City was in
violation of ADA standards, but stated that the City may be covered
under the equivalent facilities clause. That is, the fact that the
City has provided equal facilities may be sufficient.
Even if what the City has done is all that is legally
required, it is clear from reading the full law that we are
encouraged to make every facility accessible if reasonably
possible. With this in mind, staff asked Ms. Harlan what would be
a good way to make the walking track accessible. She recommended
against using an "incline platform lift", and recommended instead
that the City consider using a "vertical platform lift" .
A "vertical platform lift" would cost approximately $25, 000,
according to our construction manager. A full elevator would cost
an estimated $75, 000 to $80, 000 to add to the building. After
further review, staff has learned that an "incline platform lift"
would not be feasible, because it can be used only for residential
construction. There are sufficient funds in the Community Center
Project Fund to cover a vertical platform lift.
ALTERNATIVES:
1 . Install a vertical platform lift.
2 . Install an elevator.
3. Delay providing access until the next time the Community
Center is being expanded, and include access then.
4 . Table for more information.
5. Do not provide access to the elevated walking track.
RECOMMENDATION:
Direct the appropriate City officials to take the appropriate steps
to acquire and install a vertical platform lift with funding to be
allocated from the Community Center Project Fund.
MEMO TO: Mayor and City Council /0 A
FROM: Barry A. Stock, Acting City Administrator
RE: Building Department Staffing
DATE: March 29, 1996
INTRODUCTION:
Early this month I reported that the opportunity existed to hire a former temporary employee to
assist with building inspection services this summer. Unfortunately, the candidate that was being
considered has now selected to pursue employment elsewhere. Staff is therefore recommending
that the appropriate City officials be authorized to take the necessary steps to fill a full time
permanent building inspector position.
BACKGROUND:
The 1996 Budget includes funding for an entry level building technician position. Staff included
funding in the budget to fill this position effective April 1, 1996. Since the opportunity for filling
this position with a previous temporary employee is no longer possible, I have met with the
Building Department staff to determine the best approach to utilize in getting the Building
Department additional staff as soon as possible. With the peak building construction season
rapidly approaching, the Building Department staff and I believe that it is imperative for the City
to hire an individual with previous building inspection experience. To accomplish this objective,
staff is recommending that the City pursue filling a full time building inspector position as
compared to the building technician position. While this is an upgrade in the position
classification status as compared to what was budgeted, there will be adequate funds available
since this position will likely not be filled until mid May. It is critical for us to find an individual
that can begin employment with as little training as possible. Shown in attachment#1 is a chart
illustrating the revenue and expenditure activity of the Building Department since 1986. The
chart also illustrates the number of staff assigned to the Building Department. While activity has
been on the rise over this period, our Building Department staffing levels have actually been
reduced. Shown in attachment#2 is a memorandum from our Building Official supporting the
need for additional staffing.
Shown in attachment#3 is a comparison of the staffing levels in Shakopee as compared to
Chaska, Prior Lake and Savage. The illustration also indicates the number of permits generated in
1995. The illustration clearly indicates the remarkable job our Building Department staff has done
as compared to nearby communities.
In order to continue the current level of service, staff believes that it would be appropriate to
proceed in filling the building inspector position at this time. Staff would also point out that
Shakopee has a large number of commercial/industrial projects underway and planned for 1996
that will generate revenue in excess of our budgeted projections. Currently 1996 building activity
is exceeding 1995's pace by over 40%. Additionally, with the Southerly By-pass planned for
completion later this year and the County Road 18 connection to 494, there is no doubt that
Shakopee will experience significant development pressure and growth through the next decade.
ALTERNATIVES:
1. Authorize the appropriate City officials to take the necessary steps to advertise for a
building inspector position.
2. Authorize the appropriate City officials to take the necessary steps to advertise for a
building technician position.
3. Direct the appropriate City officials to take the necessary steps to advertise for a seasonal
building inspector position.
4. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Move to authorize the appropriate City officials to take the necessary steps to advertise for a
building inspector position.
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MEMO TO: Barry Stock
Assistant City Administrator
FROM: Fulton Schleisman
Building Official
RE: Building Department Staffing
DATE: March 4, 1996
As a follow up to the cover memo with the Building Department
Year End Report and your recent response regarding additional
staffing, please note the following:
The volume, scope and complexity of permits and other duties
is now greater than a 3 person department can handle.
1. Therefore, a number of tasks are going undone, including:
a. Final inspections and follow up inspections
1) New Homes - 59 each
2) Commercial/Industrial - 8 each
3) Garages - 37 each
4) Decks - 74 each
b. Investigation efforts for work without permits.
c. Investigation work for change of occupancy (use) of
buildings.
d. Updating handout materials for customers.
e. Taking pictures for property identification cards.
f. Foundation inspections for residential construction.
2. Other by-products of a manpower shortage include:
a. Longer turnover time for processing permits.
•
b. Backlog of filing documents into property data
files.
c. Inability to provide same day inspection service.
d. Inability to provide consistent "live" service to
telephone callers and service counter customers.
3. Additional upcoming work includes:
a. New ISTS (Individual Sewage Treatment Systems)
responsibilities as mandated by the Minnesota
Pollution Control Agency and the Metropolitan
Council.
FS/jms
Attachment#3
1995
Shakopee Prior Lake Chaska Savage
Bldg. Insp. 2 3.5 2 4
Support 1 1 .5 2
Total 3 4.5 2.5 6
Res. Units
'95 261 226 111 242
Comm/Ind.
in '95 26 mill. 6.1 mill. 16.9 mill. 15.9 mill.
Total Bldg.
Permits 607* 612* 380* 756*
*Does not include Plumbing/Heating/Electrical
MEMO TO: Barry Stock, Acting City Administrator
C 'fT.—
FROM: Judith S. Cox, City Clerk
RE: Recognition Picnic
DATE: March 27, 1996
INTRODUCTION:
Attached is a copy of Resolution No. 2375, A Resolution Providing For The
Recognition of Many, which was adopted in 1985. Staff is seeking Council direction on
the manner in which they wish to proceed in 1996.
BACKGROUND:
Beginning in 1985, City Council has hosted an annual family picnic for all those
members and their families who served on various boards and commissions for the
preceding year- paid for by the City. The picnic was catered by a local establishment and
the use of the municipal pool was also available at no charge to those invited.
Beginning in 1982, there has been an employee picnic held during the summer for
employees and their families. The municipal pool was also available at no charge to the
employees and their families during this time. At this picnic, Councilmembers contributed
personally for brats and pop and employees in attendance each brought a dish to share.
In 1993 the two picnics were combined and have been held on the same day since.
This picnic is catered by a local establishment.
City Council decided on having the annual picnic for board and commission
members as a small token of expressing their appreciation for the time they spend serving
their community. Prior to holding the annual picnic there was research done by an intern
to determine what the law would allow as compensation to board and commission
members. The law was very restrictive and City Council chose to host an annual picnic.
The picnic allows for a relaxed atmosphere where members and their families can easily
mingle and at the same time keeping cost down for the City.
ALTERNATIVES:
1. Continue with the combined annual board/commission and employee picnic
2. Hold two picnics, board/commission and employee
3. Discontinue holding a picnic
4. Hold a picnic this summer and direct staff to look into other options
for 1997
5. Select a date for the 1996 annual picnic
Recognition Picnic
March 27, 1996
Page -2-
RECOMMENDATION:
Alternatives 1 and 5, hold the annual combined picnic for board and commission
members and city employees; and, set a date for the picnic.
Attached is a calendar for June and July identifying those dates that meetings are
held at which time Council will not want to schedule the picnic.
ACTION REQUESTED:
Select a date for the annual picnic for board and commission members and city
employees.
/ RESOLUTION2375
h0.
A RESOLUTION PROVIDING FOR THE RECOGNITION OF MANY
WHEREAS, through the years countless fine citizens of the City of Shakopee
have performed gratitious services for the City with no expectations of compensation
of any kind, and
WHEREAS, these countless hours of service so generously rendered have been of
great and inestimable benefit to our City and its citizens, and
I
WHEREAS, it has long been desired by the Shakopee City Council to show the City's
gratitude to all these public spirited citizens in some visible way.
THEREFORE, BE IT RESOLVED, That the Shakopee City Council in regular meeting
assembled, that the Shakopee City Council each year on a date selected by it, put on
4 a picnic, dinner or other festivity as an expression of the City's appreciation to all
i
) the public spirited citizens, who would be invited to be guests of honor of the grateful
i
'; City and to take part in an afternoon or evening of merriment, conviviality and relaxation.
BE IT FURTHER RESOLVED, That the entire *cost of the said festivity be born by the
i
1
City and that the proper City officials be and hereby are authorized to do all things
:,• lecessary and proper to make the arrangements for whatever festivities and on whatever
is
:ate t{he Council decides.
Passed in Lid, - ,),1 session of the Shakopee City Council
held this
:ay of IG
:A A 1985.
; ._ , , _... . g141,0
. 47///
r of the City of Shakopee
•,' TTEST:
•
. 41110- j . PK..... • .
ty Clerk
_epared - d approved as to form this
`" it day of February, 1985.
1
`
:1ius A. Collllar, II, City Attorney
•
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June 1996
Upcoming Meetings
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ID
MEMO TO: Barry Stock,Acting Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorizing Engineering Services for Design
of Vierling Drive and T.H. 169 Intersection
DATE: March 27, 1996
MEETING DATE: April 2, 1996
INTRODUCTION:
This item is to consider WSB & Assoc. to provide engineering design services for the
intersection of Vierling Drive and future Trunk Highway (T.H.) 169 associated with the
Shakopee Bypass Project. Attached is the proposal letter from WSB & Assoc. on this
extension agreement for engineering services.
BACKGROUND:
During the review of the Shakopee Bypass plans for Segment 2 from Trunk Highway
(T..H.) 169 to 0.4 miles west of County State Aid (CSAH) 17. One of the comments on
the plans was for the consideration of the State to build the future Vierling Drive
connection to existing T.H. 169 or future C.R. 69 to the ultimate design desired by the
City. These comments were made on the June 1, 1995 letter to Tim Johnson, Mn/DOT
Final Design Engineer. On June 9, 1995 a response letter from Mr. Johnson indicated
that Mn/DOT would accommodate a redesign in this connection to T.H. 169 if the City
provides preliminary plans for Mn/DOT to incorporate in their design.
Attached to this memo, is the intersection layout proposed with the Shakopee Bypass
plans for this access to the Shakopee Mall area and is also the location of the future
Vierling Drive connection. The proposed street width of the design plans was shown to
be 40 feet in width. Existing Vierling Drive that has been constructed on the north side
of the Shakopee Bypass has been constructed to a 50 foot width with concrete curb and
gutter. The length of road being constructed from T.H. 169 and Vierling Drive
intersection easterly to the existing mall access road is approximately 275 feet in length.
Mr. Johnson, of Mn/DOT Final Design, has indicated a willingness to provide the correct
geometric design for the intersection of T.H. 169 and Vierling Drive and also to build the
street width desired in order to make the connection to the mall. He also indicated that
Mn/DOT may be willing to pick up the entire costs of the roadway work if the design is
not too much additional cost to Mn/DOT.
Vierling Drive from T.H. 169 to Presidential Lane was included in the 1996 Capital
Improvement Program. It is anticipated by staff that this roadway will be constructed
within the next year or two and there is a proposed Shakopee Town Centre Mall
expansion being considered by a developer in this area. Staff feels that it is prudent to
design and construct the roadway to its ultimate capacity at this time versus constructing
a substandard roadway and tearing it out in a year or two. Mn/DOT also agrees that this
would be the prudent thing to do, especially to ensure that the intersection geometrics are
met for a safe access to and from Vierling Drive onto T.H. 169.
WSB &Assoc. has transportation engineers who have worked extensively with Mn/DOT.
This company can produce a concept plan and work with Mn/DOT Computer CADD
files to produce a plan necessary to accomplish the construction of this roadway segment
and intersection design. The extension agreement has been attached for Council review
and this work can be done with a cost estimated not-to-exceed $3,700.00. Staff feels that
the cost of this roadway of 275 feet plus the intersection design can easily exceed
$50,000.00. The cost savings of this roadway being completed at this time would be
beneficially to both the City and any future developer of this area. Staff has contacted the
Centre Group's engineer, Mr. Ed Hasek of Westwood Planning and he is in favor of the
City pursuing this alternative which would accommodate their design or any future
development alternative. Mr. Hasek also indicated that this development or any
development would have to match into the roadway section constructed by Mn/DOT.
Payment of this design work would be from the Engineering Division - Professional
Services Account, for now. A subsequent budget amendment will be prepared later, if
necessary.
ALTERNATIVES:
1. Move to authorize the appropriate City officials to execute an extension
agreement with WSB &Assoc., Inc. for the design engineering services for the
intersection of Vierling Drive and T.H. 169.
2. Do not authorize execution of the contract with WSB & Assoc. for this
engineering service proposal.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to authorize the appropriate City officials to enter
into an extension agreement with WSB & Assoc. for design engineering services on
Vierling Drive connection to T.H. 169 as this roadway project will be completed in the
next year or two and will utilize Mn/DOT Highway Funds versus City Municipal State
Aid Funds. The cost savings of the road construction done by Mn/DOT more than offsets
the cost of the engineering design services.
ACTION REQUESTED:
Move to authorize City officials to execute an extension agreement with WSB & Assoc.,
Inc. for the design engineering services for Vierling Drive connection with T.H. 169 for a
cost not-to-exceed $3,700.00.
BL/pmp
DESIGN
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• --- Shakopee
• - I N :
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_ ,_ •
Mar-28-96 12:45P WSB & ASSOC. INC. 612 541-1700 P.02
j350 Westwood Lake Office B.A.Mitcclstcadt.P.E.Bret A.Weisc.P.E.
WSJ, 8441 Wayzata Boulevard Parr K.Willtr)brit>R.P.E.
Minneapolis, MN 55426 Donald W Sterna.P F.
Ronald B Bray.P.r..
612-541-4800
&Associates,Inc. PAX 541-1700
March 26, 1996
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1376
Re: Estimate of Cost
Analysis and Development of Construction Plans for the
Vierling Drive Intersection at T.H. 169
WSB Proposal 035.96
Dear Bruce:
According to our Agreement for Professional Services within the City of Shakopee and
Section 1-C-2 (Major Projects), this extension agreement is written to provide you with an
estimate of cost for engineering services for the above-referenced project. This proposal
includes the review of the existing and upgraded intersection of Vierling Drive with 111169.
As a part of the review,we will coordinate with Mn/DOT to design the south approach of the
intersection.
Based on our discussion with you and the Minnesota Department of Transportation
(Mn/DOT), the construction of TH 169 and the Vierling Drive intersection will be
proceeding this summer. Mn/DOT has agreed to construct Vierling Drive to just south of the
existing frontage road (approximately 300 feet) as a part of their construction protect. In
order to accomplish this project, the City must provide design plans for the intersection,
including any revisions to Mn/DOT's plans for the medians on TH 169. Therefore, it is
important that this information be developed and coordinated with Mn/DOT in early April.
The following tasks are anticipated in the review and design of the Vierling Drive
intersection with TH 169.
Infrastructure•Engineers•Planners
EQUAL Ot'I'ORTtINiT EMPtt)YFR K)FFK r:+wPW W ntortnAt.,ra 9bItti_'t,.H.ft
Mar-28-96 12:45P WSB & ASSOC. INC. 612 541-1700 P.03
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
March 26, 1996
Page 2
Task 1 -Preliminary Layouts//Cross-Sections:
A trip generation study will be completed based on the existing and proposed Town Centre
development in an effort to develop projected traffic volumes for Vierling Drive. This task
will result in the preparation of a concept plan illustrating the number of lanes, width of
lanes, modifications to TH 169 9 medians, and any necessary right-of-way requirements.
Task 2- Mn/DOT Coordination:
Following development of the concept plan,a meeting will be set up with Mn/DOT to review
and get their approval on the concept plan prior to design. During the design phase, a plan
will be submitted to Mn/DOT for their final approval.
Task 3- Final Intersection Design:
This task will involve development of a plan sheet(s) that can be incorporated into the
Mn/DOT construction plan as an addendum. This plan will include any design modifications
required to TH 169, the south approach (Vierling Drive) revisions and any storm sewer
modifications. The plan sheet(s)will be developed as 20-scale layouts with profile.
It is assumed that all available data will be provided from the City, Mn/l)OT and developer,
including electronic base mapping and soil borings.
The estimated cost to perform the above services is $3,700. This cost is based on our current
hourly rates and would be invoiced on an hourly basis. It is anticipated that the final design
can be completed with Mn/DOT approvals by April 30, 1996.
We appreciate your continued interest in our firm and are looking forward to working with
you on this project. The City of Shakopee agrees to reimburse WSB & Associates, Inc. lbr
these services in accordance with Section IV of the Agecment for Professional Services,
C\Oi'IK \WPWWWNOPOSAl.1U.1%wpm jnve,pl
Mar-28-96 12:45P WSB & ASSOC.. INC. 612 541-1700 P.04
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
March 26, 199E
Page 3
if this agreement meets with your approval, please sign below and return one copy to our
office.
Sincerely,
WSR & Associates, Inc.
Charles T. Rickart
"I'raffic Engineer Acting City Administrator
"&.4,4
Bret A. Weiss, P.E. City Clerk
Vice President
Mayor
Date
c \WFICEW W)N kOpi% t UJ?xrnr};nEr to
/ DA(
TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: March 28, 1996
Introduction and Background
Attached is a print out showing the division budget status for
1996 based on data entered as of 3/27/96 .
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 Blocks 3&4 (code 9439-xxx) in the amount of $3, 225 . 00 .
Included in the bill list is a check to League of Minnesota Cities
Insurance Trust in the amount of $1, 343 . 93 for the sewer back up
claim for the VFW. The insurance carrier paid the claim which is
less than the deductible for the policy and therefore the city is
reimbursing the carrier.
Action Requested
Move to approve the bills in the amount of $117, 763 .49 .
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TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: 1997 Budget Calendar
DATE: March 27, 1996
Introduction
Council is asked to approve a tentative calendar of events for the 1997 budget process.
Background
Attached is a tentative proposed 1997 budget calendar. Some dates will be modified as Council's
schedule unfolds and as developments warrant. Of course, Council can change the meeting
dates as desired.
The Five Year Capital Improvement Plan (CIP)for construction projects is already underway. It is
planned that Council will complete the CIP review in June so that departments can use that
information to help plan their operating budget for the next year. Projects in the plan for 1997 are
built into the 1997 budget in the appropriate funds(capital projects funds, sewer fund etc.).
The first meeting on the operating budget is set for May 14th. This is intended to be a general
background, orientation, idea, directional type meeting. Perhaps this will help to stimulate
dialogue between Council and department heads on plans and service levels desired (i.e. more or
less snow plowing or traffic patrol or park mowing, etc.)
Staff has a lot of background information on many subjects. Council should feel free to call
department heads for information. The numbers are listed below. Also, if a short meeting such as
before a council meeting is desired for information, please contact the respective department
head.
Barry Stock 496-9662
Judy Cox 496-9667
Bruce Loney 496-9668
Gregg Voxland 496-9671
Karen Marty 496-9676
Paul Bilotta 496-9677
Would Council like to stay with a 5:00 starting time for budget work sessions, or would Council
consider an earlier time such as 4:00 or even 3:00? May 14th in particular is under consideration
because Board of Review is that evening.
Alternatives
1.A. Accept tentative budget calendar
B. Modify tentative budget calendar
2. A. Starting time at 5:00
B. Starting time at 4:00
C. Starting time at 3:00
Action Requested
Discuss and give staff direction.
1997 BUDGET CALENDAR
TENTATIVE
Date Who What
March 29 Staff Capital Improvement Plan (CIP)worksheets prepared by
departments due back to Finance
May 9 Plan. Comm. Review CIP to see if projects fit into city's Comprehensive Plan
goals
May 14 Council Worksession on operating budget plans, ideas, goals.
May 28 Council Optional worksession on budget plans, ideas, goals.
June 4 Council CIP discussion
June 6 Staff Budget request worksheets to departments
July 12 Staff Budget worksheets due back to Finance from departments.
July 30 Council Worksession on General Fund budget.
Aug 1 State Receive Local Government Aid state aid figures.
Aug 13 Council Worksession.
Aug 27 Council Worksession.
Sept 1 State Receive Homestead/Agricultural Aid state aid figures.
County Receive tax capacity numbers(?)
Sept 10 Council Worksession&meeting?
Adopt proposed maximum tax levy
Sept 15 Staff Certify maximum property tax levy to county which will be used for
proposed property tax notices.
Nov 15 County Proposed tax notices sent to property owners
Dec 4 Council Hold actual property tax levy hearing.
Dec 17 Council Adopt final tax levy and budget
Dec 27 Staff Certify final tax levy.
*Council can schedule additional dates for worksessions as needed.
iCGMEMORANDUM
TO: MAYOR AND MEMBERS OF THE CI COUNCIL
�/FROM: Karen Marty, City Attorn adi
DATE : March 26 , 1996
RE : Drug Testing Policy
BACKGROUND:
At the City Council meeting of March 19, 1996, the City
Council directed staff to prepare an amendment to the Personnel
Handbook relating to drug testing. Presently the Handbook
provides that any employee who has two positive test results may
request a confirmatory retest of the original test sample . That
retest is at the employee' s own expense . The Council requested
an amendment to provide that, if the confirmatory retest shows a
negative test result, then the City will pick up the cost of the
retest .
ALTERNATIVES:
1 . Adopt Resolution No. 4420, a Resolution amending the
Personnel Handbook provisions relating to drug testing.
2 . Amend Resolution No. 4420, then adopt it .
3 . Do not adopt Resolution No. 4420 .
RECOMMENDATION:
Move to adopt Resolution No. 4420, a Resolution amending the
Personnel Handbook provisions relating to drug testing.
[2 6MEMO]
RESOLUTION NO. 4420
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
THE PERSONNEL HANDBOOK PROVISIONS RELATING TO DRUG TESTING.
WHEREAS, the Personnel Handbook requires employees to
undergo certain drug tests, and requires a second test if the
first test has a positive result; and
WHEREAS, if the second test is negative, the City is willing
to pay for the cost of the second test .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Personnel Handbook, adopted in Resolution No. 4213 ,
and amended thereafter, Sec. VI, Employee Conduct, A. ,
Appropriate Conduct, paragraph 7, Drug and Alcohol Policy, by
repealing subsection f, Test Results, and adopting one new
subsection in lieu thereof, which shall read as follows :
f. Test Results. Within three days of obtaining
the final test results, the testing
laboratory shall provide the City with a
written report indicating the drug (s) ,
alcohol, or their metabolites tested for, the .
types of test conducted, and whether the test
produced negative or positive test results .
Within three working days after receipt of
the test result report, the City shall inform
the employee in writing of a negative test
result on an initial screening test, or of a
negative or positive test result on a
confirmatory test .
At this time the employee has a right to
request and receive a copy of the test result
report . If the report shows a positive test
result on the confirmatory test, the employee
has the right, within five working days after
notice of the positive test result, to submit
information to the City to explain that
result, or to request a confirmatory retest
of the original sample at the employee' s own
expense. If the confirmatory retest shows a
negative test result, the City will reimburse
the employee for the expense of the retest .
The City shall follow the statutory
procedures and provide the employee with
proper notices. If the confirmatory retest
does not confirm the original positive test
result, no adverse personnel action based on
the original confirmatory test shall be taken
against the employee.
(NOTE: The underlined language has been added. )
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1996 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: 40014 �� City Attorney
L//
/
[2 6MEMO] -2-