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HomeMy WebLinkAbout05/05/1987 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: April 29, 1987 1. The City Council had asked that staff review the impact of night racing at Canterbury Downs on the City. The 1987 schedule for Canterbury Downs has now been set and does not include night racing. For this reason I am suggesting that staff not spend time evaluating last fall's night racing. If you want us t6 do the study please contact me. 2. St. Mark's Church has asked to block off 3rd Avenue East of Scott Street for five days surrounding their Julifest on July 25th and 26th. The Chief of Police has OK'd the temporary street closing. 3. The motion made at the April 21st Council meeting regarding submitting names for 13th Avenue stated that the names must be submitted to the City by May 5th. Because of the short amount of time allowed to submit names we have moved the date back to May 27th. 4. Attached is a memo from Tom Brownell addressing the traffic concerns Council discussed at its April 21st meeting on 3rd and 4th Avenue and Eagle Creek Boulevard. 5. Attached is a copy of the letter that the attorney for the Scott County Historical Society has served on the Murphy's Landing Board. Rod Krass and I will be meeting with Joe Ries and the County's attorney to discuss whether there is an appropriate role for the County or City to play in this matter. I hope to present our findings to City Council at its May 5th meeting. 6. Attached is an article that LeRoy Houser clipped from the Star and Tribune regarding the collapse of an apartment building in Bridgeport, Connecticut. 7. Attached is an article regarding the crisis in metropolitan road conditions that was in the Scott County Transportation Coalition newsletter. Please read it carefully. 8. Attached is Senator Bob SchmitE 's response to our opposition to the sale of wine in grocery stores. 9. Attached is the monthly calendar for the month of May. 10. At gched__ is—a::—memorandum from Judy Cox regarding the -- ---developers agreement auer's 4th Addition. 11. Attached is a nice thank you the Public Works crew received from Scott Carver Economic Council for helping with their move. 12. Attached is a corrected copy of the Program Costs by Department as of April 23, 1987 (the copy provided in the last non-agenda info items was in error) . 13. Attached are the minutes of the March 11, 1987 meeting of the Industrial Commercial Commission. 14. Attached are the minutes of the March 26, 1987 meeting of the Planning Commission. 15. Attached are the minutes of the April 9, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 16. Attached are the minutes of the April 16, 1987 meeting of the Planning Commission. 17. Attached are the agendas for the May 7, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 18. Attached is an engineering project status report. f JKA/jms y TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Traffic Control DATE: April 27, 1987 INTRODUCTION Council on April 21, 1987, expressed concern regarding traffic problems on West 3rd, West 4th Avenues and Eagle Creek Blvd. relating to signing and patrolling. BACKGROUND I have reviewed the roadway signing, 4th Avenue and Eagle Creek -Blvd. are adequate. Additional speed signs are being installed on 3rd Avenue, east of Harrison Street. Eagle Creek is carrying an additional amount of traffic due to the condition of CR 17 south. The department has been patrolling First and Tenth Avenues as a priority and in the future will reduce enforcement, shifting to the roadways discussed in this memo. s CHRISTIAN AND GROSS ATTORNEYS AT LAW 8609 LYNDALE AVENUE 50. EDWARD M. CHRISTIAN MINNEAPOLI5. MINNESOTA 55420 LOREN GROSS JAMES M. MEMPAMEN TELEPHONE 881-0895 CERTIFIED MAIL RETURN RECEIPT REQUESTED April 22, 1987 TO: Minnesota Valley Restoration Project, Inc. c/o Marjorie R. Henderson President and Acting Director 2187 East Highway 101 Shakopee, MN 55379 Richard Mertz Scott County Commissioner 8455 Lewis Street Shakopee, MN 55379 ✓Gloria Vierling 1461 County Road 79 Shakopee, MN 55379 Re: Murphy's Landing We are writing this letter as attorney for the Scott County Historical Society, fee owner of the land upon which Murphy's Landing is located. The Scott County Historical Society does hereby give notice to the Minnesota Valley Restoration Project, Inc. of termination of the tenancy at will under which Minne- sota Valley Restoration Project, Inc. has been in poss- ession of Murphy's Landing. The Scott County Historical Society will retake possession of the premises as soon as possible but not later than May 31, 1987. In the meantime, you are. requested to cease any spending of money for other than current operating expenses since The Scott County Historical Society is having the property posted pursuant to Minn. Stat. s514.06. Marjorie R. Henderson Richard Mertz Gloria Vierling April 22, 1987 Page 2 Since the Historical Society is the agency to whom funds are given by the Scott County Board for distribution for historical purposes, the Society does hereby request in addition: a. An accounting of funds which have been spent during the current fiscal year. b. A return of all allocated but unspent funds. The retaking of the property will be subject to lessees' interests in all existing leases. In addition, the Society intends to honor employment contracts with Mariann Reid, Wenzel Koenig, and Francie Westlund. Your cooperation making the return amicable will be appre- ciated. Yo _o=sverytly, Loren Gross LG/ar cc: Jackie Joslyn Minneapolis Star and Tribune/ MoMay/April 27/7987 •. 9A Collapse_ d building's records examined Hartford Courant 'You would need asoil-beating load 1 test to know,"he said.He said he did Bridgeport Conn ""'-"" not find such a test in city records. I `L'Ambiance' Plan; the apartmentTwo other cg,..consult.74r&, d by the building under construction that col---Courant also questioned the substitu- lapsed-with-a death toll that could.. tionofcompacteditll. .reach A. may have been-built on_ __ - : A ,.ground .top. weak. to support_w the Ouzoonian, who reviewed the rec- , a structure, according to a revieof bids at Bridgepon City Hall, said oily records by the Hartford Courant"- that they be not show that proper newspaperand two pngipeers.�,,,�_testing hen done that the size building's bes _-- of the building's footiti ngs was in- Design plans for the 13-story build- —tressed ll compensate for the coon- ing called for "undisturbed rock'" to to� paN tted . A second engineer hired support the load of 7 was per square ..by. the newspaper,: Paul Cianci.ofJA!h'.7�nkg teat from Mimde-Earfool. Although the plans said that '.Hartford, said that any significant ,acompacted soil could be substituted, -change, such as an-increase to the swhmareyouwmflNfor{the geotechnical engineer for the size of the footings,should have been or your appolnhnenttodeyl `project said Saturdaythathis work=filed with the city building official. was based on the assumption that the - I - - _ CO�� NOWT „.,. building would be constructed on'- Although there is no evidence that ._ _ bedrock. - _ - the composition of the ground con- Nond,.P day 95 tributed to the collapse,it is the latest Sannday by°°pomlment. An engineer hired by the newspaper indication there were problems in the said the records show that the build- development ofthe building,. n Diego ing was being erected on a site com- - -- '-' ` `;=- posed . /�(\ posed ofcompacted earth and broken Ouonian said Saturday that build- Miracle CAI. /I/�\V. rock,the sort of fill that the engineer ing specifications on file were so ge- U6U C ruses said generally does not support more neric as 'Yo be sickening" In addi- E N T E R S Ed— than to 3 to 4 tons per square foot. titin,he found no design plans on file for the concrete slabs that formed the 899 3-0117 - in the Inadequate soil could cause the foot- Boors of the building or a sequence 545.3920 Id has Ings of the building to settle, increas- for how the slabs were to he erected. A leasting stress on the structure, said An- - - 339-6243 park. [rang Ouzoonian, a principal in Investigations by federal, state and s'.omni Sea _.Weidlinger Associates, a consulting beat agencies are underway to deter- 641-0515 hales engineering firm based in.New York mine the cause ofthe collapse. 770.873 - -City. Ouzoonian emphasized there is - - ruu.y ?. no evidence that possible problems Since the collapse of the building 780.9162 -alez with the site caused Thursday's col- Thursday, rescuers have found 15 acted lapse.But Ouzoonian said such prob- bodies. There are still 13 workers 251-5899 .. lems could have contributed to the unaccounted for. - -- collapse:. - " 7 Crisis In Metropolitan Road Condition Is Imminent Without Proper Funding Levels A recent article by Larry Lee,assistant city grips with one bona fide crisis.At the current lion,and l do,you should expect Minnesota's manager of Bloomington,in the Citizen's rate of investment in the transportation in- public-policy community to be churn- League publication,Minnesota Journal,cites fraslructure,only afew milesof new highways ing out studies, proposing innovative solu- a number of important issues with regard to will be added by 2000;traffic congestion of tions and generally calling for new highway infrastructure in this state. Scott County is existing metropolitan highway will double construction.MnDOT hastriedto explain the not the only area with crucial transportation and the physical condition of road surfaces approaching crisis, but in other quarters I problems,and all of us are competing for a and bridges will be very poor. have observed general disinterest. For very small pot of money to fund these roads. I have collected a series of statements example: Darryl Durgin, Director of Construction describing the nature and magnitude of 1.In 1986,MnDOT spentabout$123 million Policy and Services for the Minnesota the problem: on major highway construction and recon- Department of Transportation, explained 1. Richard Braun, former Commissioner struction.The"May-even"expenditure level that manyworthy projects are competingfor of Transportation,calculated that at the cur- is probably three to four times that amount. funding in the state's two-year construction rent funding level the Minnesota Depart- 2. To balance the 1986-87 budget, the plan.Two of the Scott County Transportation mem of Transportation(MnDOT)will be able Legislature suspended transfer of $105 Coalition's priority projects,the Highway 169 to rebuild the Mates 12,120 miles of highway million in motor vehicle excise tax revenue Minnesota River Crossing and the Highway every 135 years. This funding pace would from the general fund to the slate trunk 101 Shakopee bypass,are in the four-year place 1-94,1-35W and 1-494 in linefor recon- highway fund.That decision canceled about work program, a list of projects which ex- structlon In the 2090x. $65 million in major construction and recon- wed the anticipated funding but are in- 2.In her 1986 State of the Region address, struction projects. cluded by order of importance in the hope Sandra Gardebring, former Metropolitan 3.Governor Rudy Perpich proposed in his that the funding situation changes. Council chair,stated the metropolitan area 1988-89 budget that the transfer of an ad- In the two-year work program are some has 25-year window of opportunity to repair ditional$225 million motor vehicle excise tax other major projects in the area including a and replace its infrastructure. During this revenues be suspended. If that happens, k $6.1 million project on Highway 5, several ti me the baby boom will experience its peak would cancel another$135 million in major projects totaling almost$15 million for High- earning power and therefore governments construction and reconstruction projects way 101,a$9 million project on Highway 212 can expect a one-time revenue surge which statewide. from Cologne to Hwy.494.Highway 3 near she argued should be used to get our high- 4.The Metropolitan Council's 19876 legis- 494 will undergo a$12 million renovation,in ways,sewers and other public infrastructure lative agenda asks for money for regional addition to Highways 13 and 55 in Mendota into good condition. parks, long-term care for the frail and el- and Highway 280, which will receive $19 3. A MnDOT transportation system fore- derly,solid waste and transit. It is silent on million in repairs. In the northern met- cast analysis shows that by 2000,capacities highway funding. ropolitan area the major need is for High- of metropolitan freeways will increase 28 S.When the Triple Five Corporation pro- way 10 in Anoka County. percent; during the same period vehicle posed to invest$500 million to$1 billion in All ofthese projects and future work plans miles will increase 76 percent. Minnesota,MnDOTcould notfundthehigh- have been developed with the assumption 4. The analysis concludes that met- way improvements necessary to support that the Motor Vehicle Excise Tax would be ropol8an area highway congestion will nearly that investment until 1990,with construction used to fund highway projects.The legisla- double in the next 15 years.In the category of to be completed some time after 1992.The ture is currently struggling with alternative Service Level D average travel speeds are City of Bloomington had to seek special plans for funding highway projects,but until about 45 miles an hour and freedom to legislation allowing it to advance$60 million they come up with a method,funding for all maneuver in traffic is severely limited. The to MnDOT and take responsibility for the of these projects is in jeopardy. metropolitan area had 21 miles of highway in highway design and rights of way so the What follows is a reprint of the article by that category in 1972,60 miles in 1984 and necessary improvements to 1-494 and Hwy. Lee. will have8l miles by2000.Levels E and Fare 77 could be completed in 1989. With this metropolitan area's proliferation worse.Level E is operation at capacity.Any Because l work for the City of Bloomington, of public-policy study organizations plan- disruption to the traffic stream causes stop- I'm most familiar with the need for expen- ning agencies, I expect that most minor and-go,very-low-speedtraffic—atrafficjam. ditures to rebuild 1-35W and 1-494.The cost issues—and certainly all major crises—have The metropolitan region had 24 miles of of the Bloomington portions of these pro- been identified,subjected to a series of task Level E and F in 1972,72 miles in 1984 and is jests may be$400 to$600 mi Ilion—between forces and studies and exposed in a five-part expected to have 125 miles in 2000. three and fivetimesthe entire 1986state ex- series in one of the daily newspapers. 5.A typical project-development timeline But in spite of Minnesolas "inquiring- prepared by MnDOT shows that a major minds-want-to-knoW'reputation,l think that highway project initiated today won't open planning agencies,policystudyorganizations for traffic until 1997. METRO ROADS Conlirned On Page and the Legislature have failed to come to If you believe these five pieces of informs- a Bulk Rate U.S.Postage Scott county PAID Transportation Coalition Shakopee,MN ShakoPermit No.213 MN P.O. Box 153 Shakopee, MN 55379 612-445-3242 John Anderson City Administrator 129 Fast First Ave. Shakopee, MN 55379 Scott County Transportation Coalition Membership Categories & Fee Structure Scott County CORPORATE INDIVIDUAL Transportation Coalition Member: $ 100.00 $ 15.00 Sponsor: 500.00 100.00 Sustaining: 1000.00 500.00 scan County Board Townships Of. CHARTER MEMBER: Any one-time payment of Any one-time payment of Of Commissimwrs Belle Plaine $5000.00 or more. $1000.00 or more. Blakeley Cines Ot Cedar Lake Belle Plaine Credit River METRO ROADS: Confirmed Flom Pa�g..e�$ Elko Helena X09^ Jordan Jazkson penditure on major reconstruction.This this- Highway Fund would receive$68 million in New Market Loufsvdle match between available resource and needs 1988, growing to$162 million in 1992.The New Prague New Market for highway construction is repeated in cities transfer formula also sends badly needed PriorSet.Lawrence Savages Send Creek through the metropolitan area and state. funds to county and city highway projects Shakopee Spring Lake Neglecting the metropolitan area's trans- and transit.But excise lett transfer does not portation infrastructure is tantamount to offer enough funding, at least for the ap- Chambers Of Industrial neglecting the region's economic develop- parent needs of the metropolitan area.The commerce: Commissions: mens. Companies consistently rank ac- Legislature and the Metropolitan Council Prior Lake Prior Lake cessibility and transportation system quality (along with groups interested in publicpolicy Savage Shakopee as their most important site-selection cri- IikeChambers of Commerceand the Citizens Shakopee terion. Allowing congestion levels to in- League)should immediately studytranspor- crease reduce competitiveness of our exist- tation infrastructure investment needs and Arrestions: ing businesses acts as an increasing deter- recommend revenue sources to meet those Canterbury Downs Race Track rent to new companies considering location needs. Little Six Bingo here. The 10-year planning, design and con- Murphys Landing Other states recaignizethat transportation struction period required for major highway Renaissance Festival infrastructure is an important ingredient of projects compels action today for projects Valleyfah Family Amusement Park growth and stability in the modern economy. needed in the late 1990s.if we do nothing in For example, Tennessee Governor Alex- 1987 traffic congestion and highway con- Ex-of6cto Members: ander pushed a$3.3 billion program for 288 dltions won't seem much worse 1n 1988 or Minnesota Department an Transportation highway projects through the General 1989.But if Richard Braun and Sandra Gar- Hennepin County Department of Assembly. clearing are right,we must act now to avoid Transportation If the Legislature reinstates the motor being stuck with an outdated, inadequate Metropolitan Council vehicle excise tax transfer, the State Trunk transportation system 10 years from now. ...................... Executive Cwnminee: Mark stromwall,Scott County Tired Of Driving Around The Bloomington Ferry Bridge? Commissioner,Chair I'd like to help the effort toward better roads in the south metro area. Fred Corrigan.Attractions,vice-Chair Brian Norris,Shakopee Chamber of ❑Please add my name to the mailing list. Commerce,Treasurer ❑Send me additional information on how I or my company can help. Lee Andren,Mayor,Prior Lake Rod Hopp,Mayor.Savage ❑Enclosed is a tax-deductible contribution for$100 $50 $25 Tim Keane,industrial/Commercial Brad Larson,Scott County Engineer Name Phone Eldon Reinke,Mayor,Shakopee Company Name Norbert Theis,Townships Address Zip Please make checks payable to Scott County Transportation Coalition. 4 by ROBERT J. SCHMITZ Senator 36th District 6730 Old Hwy. 169 Blvd. Jordan, Minnesota 55352 Phone: 492-2182 Office: 235 State Capitol Senate SG Paul,Minnesota 55155 Phone:296-7167 State of Minnesota April 28, 1987 Mr. John Anderson City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John: Thank you for contacting me stating your opposition to allowing wine to be sold in grocery stores. I share your concerns regarding the problems it would create, specifically the sales to minors. The problem of checking identification to prove whether the person making the purchase is a minor or not could be very time-consuming. I plan to vote against this bill when it comes before us for a vote. At the present time the bill is being laid over for interim study. If you have further comments, please let me hear from you again. Sincerely, i R BERT J. SCHMITZ State Senator -- District 36 RJS/st RECEIVED APR 29 M7 CITY OF SHAKOPEE COMMITTEES • Chairman, Local and Urban Government• Rules and Administration• Transportation Veterans • Taxes and Tax Laws • SUBCOMMITTEES• Property Taxes and Local Govemment Aids COMMISSION:Legislative Commission to Review Administrative Rules I H d •i N Ifl N O� H N N N Q H Q. W C ro q tn� E wHE rya >1 04 HO •• WFr 0L U r Nq' � ri ON N Q cn E 3 E q a 0 W o Co 3 Uo 3m U •• O •• H � qr N N N U U U X 70 ✓ 70 .,.{ O .. UUr O .. ..1 O .. UUr UUr H A .roiE � EwE r xro us� a aAa o >. m HHO � Ho w4 'uu LL � v VSD WeD r1 r1 N m N d Q z 5 m l0 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Hauer's 4th Addition - Developers Agreement DATE: April 30, 1987 This is just an informational memo on the developers agreement for Hauer's 4th Addition. 1. Because of the dedication of a lot for a tot lot, the park dedication fee for each lot has been reduced from $250.00 to $222.50. 2. The developer desires to install all improvements, but wishes to do so in stages. Because a performance bond or letter or credit equal to 125% of estimated cost is required when the developer does the improvements, the developer is asking the City to install some improvements under Plan B. when the developer is ready to make the improvements, he will ask that the developers agreement be amended changing the Plan "B" improvements to Plan "A" improvements. He is asking that he have up to four years in some areas, but expects it to be much sooner. The 13th Avenue improvements are under the Plan "B" - city construct. Because the developer has agreed with Mr. Hauer to absorb the cost of 13th Avenue improvements, the petition for the 13th Avenue improvements includes the statement that any assessments for 13th Avenue improvements will be spread against properties lying north of and abutting 13th Avenue within Hauer's 4th Addition. 3. Thedeveloper is electing to put up a performance bond rather than a letter of credit. JSC/jms aado�pys •any y;OL 77yW AQ1,vwA .. -- 8 69L 'QMH age2 Shakopee Valley News April 29,1967 in Brief Community Action Agency moves Van Pool contract extended Scott-Carver-Dakota Community Action Agency,Inc.will move from ifs' Carver location on May 1 to new offices at 1257 Marschall Road(Co.Rd.17) - The Van Pool taking area residents into Minneapolis and St.Paul in Shakopee(immediately south of the junior high school). day has been retained by the city with approval of an extension - The Shakopee location is more central to the agency's service area which _ contract. recently expanded to include Dakota County. The new facility will provide The one-year contract was approved by the city council at its in additional office space,is handicap accessible,and will eventually house the of April 21.The contract,which would have expired April 15, r ov Scott-Carver Food Shelf. - - city with six vans,one serving as a backup.Each vehicle accomod: The Community Action Agency sponsors volunteer projects such as Food passengers an the daily trip into the downtown metropolitan area. Shelf, Eagle Creek Thrift Shop, Surplus Commodity Distribution and -- - Mayor Eldon Reinke expressed concern about people r Holiday Project.Programs administered by the agency include Head Start, derstanding the council's actions. Although the establishment WIC, Fuel Assistance, Weatherization, Congregate Dining and Home commuter system for the city is being explored through the Enerf Delivered Meals. _ Transportation Committee, Reinke assured the council the van Mary Sullivan,executive director of the Community Action Agency,said would continue to operate for the people of Shakopee. she believes the new location will provdie better delivery of services to area _ "They are looking at setting up a commuter system and etiminatu residents.This week she extended her appreciation to the manvolunteers van Pool for the community,' he said. "They should be look; who have assisted in the move and said a special thank you was in order to establishing something above and beyond what is already being dor the staff of the Shakopee Public Works Department who handled the moving want to make sure everyone is aware we are not cutting any prograr: of the furniture and equipment. Candidates Night is May 6 Hauer's 4th Addition approved Final plat approval has been granted by the city council f The League of Women Voters of Shakopee will sponsor "Schou) Board triangular-shaped piece of land located west of County Hood 16 and r Candidates Night" an May 6.from 7:30 to 9 p.m. at the Shakopee Public of the proposed Highway 101169 bypass alignment. Library,235 S.Lewis St. - The land, known as Hauer's Fourth Addition, was given app The program will provide an opportunity for the public to meet and Provided a number of conditions are met.Conditions included desi: luestion the four candidates who have filed for a position an the Shakopee driveways in the development to access an private roads and no: school Board.Those candidates are:Joan Lynch,2225 E.Norton Dr.;Steven Avenue,and providing lots for park areas.Other conditions dealt wig.. Johnson,2134 Bridge Crossing; James J.O'Brien,437 East Shakopee Ave.; Proper installation of city services and construction of roadways. ndSandra K.Frankhauser,13017 Johnson Memorial Dr. The format for this year's Candidates Night will differ slightly from past 'andidates'forums. The program Will begin with an opening statement by Auction to dispose of surplus ge, ach candidate, giving background information and opinions on issues acing the Shakopee School District The statements Will be followed by a cries of questions posed by the Shakopee League.The audience will then be The City of Shakopee and Soett County will conduct a joint pr rvited to participate in the questioning.Written or verbal questions will be auction May 2 to dispose of property accumulated by the ctTypolice. ecepted. - The property remains in the possession of the police when ov The league of Women Valera is a non-partisan organization whose pur- - identification is not possible. City Code authorizes disposal of -ase is to encourage informed_partiripation of all citizens in government. Property through a public sale. Items to be sold range from boys' ne League does not support or oppose any party or candidate. - girls'bicycles to file cabinets to an Aitic Cat snowmobile. �o Rd. 17 being completed Codes prevent massage busine! Co..Rd. 17 between 12th Ave. and Co. Rd. 42 will be closed for the next Zoning conflicts resulted in denial of a conditional use permit for Sha onth as construction crews complete the widening and overly resident Carol Cronkldte,who hoped to conduct therapeutic massage gun Y Pro]eM home on Muhlenhardt Road. After P spring. Cronkhite applied .after posting mad closing signs at Monday, crews sorted working orlicense for a conditional use permit (CUP) in N use,re-. ;e ive g also applied for a Bcense m order[o be registered as a masseuse,re: y on the section of roadway that Was left unpaved last fail when ea- wader provisions of the city code.Her application then went to the pla ssi ed wet conditions prevented further work.The dry,warm spring has commission for its review. -owed the road to adequately dry out and pack down,which shouldnow In reviewing Croulthite's application,the commission submitted a cc -)vide:good,solid base for the pavement,according to Brad Iarson,Scott the request to the city attorney,who discovered that granting the CUP 'ks well as Paengineer. be a direct violation of city zoning.The therapeutic massage business, :1S well as paving those sections not completed, shoulders e s also of a considered a business under provision of the city codes,is not allowe red and a rival, third overlay will d, applied over the entire stretch of residential area. 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I '� �J ' mOmPPPPPPPP N NNN OmWYYYWNNN _ NW- 0WN+0AYN-000J ' ' C O Krn - OJNA9999m Z T - Arm yaZ-DD> O - > Z x2 .OZAAAC r m imm .mczsz s I I a �9a a�aOOo mmm< r z-r 9-mxmrora s mn >xxa9mcoa a ' K a sx Kmm-Jnrno o ' ci 9a-zim29xr= a n n c-a-K x m «T icr o-z-z m am cym9�y�a zmz 9�yxnOn- y xJ c smnoz o -zazK 'a c I zwzw o A 'm a N a 2 N--N 00 rn +YJ+ ro 040eN- CZ - y0 Wub+ WOPNO +0P00A AD Km ♦ 00 Oo 0000 NVwOJ00000N0N0 Ow w 9 m m a wK < x DO n sm N 0 pw 9D N aro-y r mA W-N..Y.-O-NNm- rn mJ amro PUNNobme+-roPub ao S N WNN- oroNb+WJ aN + wJ Z b o0 0. OVNN J000-.ONN\-ON0 w K rymm no >uu moK u as _ mN N wx NN -gym me as NN io in N wa N WW oWNo P -- b0 y00y POOOOee00PNePe N 0m Y N YY W AW_J_ nr N -LA0>WN+obmmYr 00 N NN lNl WNNO. .-y0ayu wy >l Nro WNb- WYO-bO.ONJL--J yD wr vroi -- eu Pemm Wumm-eo mroineu'mmm u DK NN 0J -00- A -00JNN O D ONLAY >NNmW00 9 O oNoo N NNONN000 m 0 00oe eeee Ooe00000000000 O 0 00 0o eoo0 e0000000000000 9 _ m wN wN N + m0 00 JJiN -0eoo0P00ANyJ> 2 K Minutes Industrial Commercial Commission Shakopee, Minnesota March 11, 1987 MEMBERS PRESENT: Tim Keane Don Koopman James Plekkenpol Jane DuBois Bud Berens MEMBERS ABSENT: Al Furrie, Chairman Todd Schwartz STAFF PRESENT: Barry Stock, Administrative Assistant Election of Officers Barry Stock asked for nominations for Chairperson. Jim Plekkenpol nominated Tim Keane for the Chairperson position. No further nominations were suggested. Plekkenpol/DuBois moved to appoint Tim Keane as Chairperson for the Shakopee Industrial Commercial Commission. Motion carried unanimously. Chairman Keane then requested nominations for Vice-Chairperson. Chairman Keane nominated Jim Plekkenpol, Jane DuBois then nominated Todd Schwartz, and Mr. Plekkenpol then nominated Al Furrie for the Vice Chairperson position. Koopman/Plekkenpol moved to appoint Al Furrie as Vice-Chairperson to the Shakopee Industrial commercial Commission. Motion carried unanimously. Commissioner Keane then opened up the floor for nominations for the Secretary position. Mr. Plekkenpol nominated Jane DuBois for the Secretary position. There being no further nominations, Plekkenpol/Koopman moved to appoint Jane DuBois as Secretary for the Shakopee Industrial Commercial Commission. Motion carried unanimously. Minutes Plekkenpol/Koopman moved to approve the minutes of February 11, 1987 meeting as kept. Motion carried unanimously. Open House - Shakopee 87 Mr. Stock stated that Commission member Jim Plekkenpol has suggested that the ICC sponsor an open house some time in the near future to inform Shakopee residents of the many commissions and community organizations that exist in Shakopee. The purpose of the open house would be to heighten the awareness of the people of Shakopee in regard to the many projects and activities that are going on around them on a daily basis. The open house would give residents the opportunity to speak with various committee members on a face to face basis to answer questions in regard to their organization. The ICC would send invitations to the various committees, commissions and organizations to solicit their attendance at this event. Commissioner Plekkenpol then stated that this event would not interfere with the Shakopee Showcase which is scheduled for the last Monday in April. Mr. Plekkenpol stated that he thought it was important to have this event as soon as possible. He also stated that the Shakopee K.C. Hall would be available for a 8185. 00 rental fee. The consensus of the committee was that this was a great idea and that they should pursue it in a timely fashion. The committee also felt that this type of event would allow people who are intimidated by a public setting to ask questions in regard to certain projects on a more casual face to face basis with the representatives of the various organizations and committees. Pat Dawson, Marketing Manager for Canterbury Downs arrived at the meeting at 6:00 P.M. Chairman Keane suggested that discussion on the ICC Open House be continued following the racetrack' s presentation on the proposed pari mutuel tax law amendment. Canterbury Downs - Tax Law Amendment Mr. Dawson stated that Canterbury Downs is seeking a reduction in the State' s 6% Pari Mutual Tax. He stated that the tax of 6% is on gross receipts taken in by the racetrack. Mr. Dawson stated that a reduction in the gross tax is needed in order for the racetrack to remain competitive with other racetracks in the country. He expected that if no reduction in the pari mutuel tax is granted by the legislature this year, it is likely that only two states would have a pari mutuel tax greater than Minnesota's. Commissioner DuBois questioned whether or not this tax had any thing to do with the racetracks property taxes. Mr. Dawson stated that property taxes were separate from the pari mutual tax. Chairman Keane then explained how tax increment financing worked and the impact it had on the City of Shakopee as a result of the racetrack. Commissioner Koopman stated that currently two racetracks are being discussed for location in Northern Minnesota. He questioned what impact it would have on these tracks if the pari mutuel tax is not reduced. Mr. Dawson stated that in his opinion the developers proposing additional racetracks in Minnesota would not pursue their plans if the pari mutuel tax is not reduced. Mr. Stock questioned whether or not the state could support two racetracks. Mr. Dawson stated that an additional racetrack in Minnesota could operate profitably. He went on to state that most States that have horse racing usually have two tracks. If a track is built in Northern Minnesota, it will be a much smaller facility. A track of this type would enhance the racing industry in Minnesota and also provide a site for horses that do not meet the standards for Canterbury Downs to race. The Northern Minnesota racetrack facility would serve as a potential feeder system for horses to develop and eventually race at Canterbury and other racetracks throughout the country. Chairman Keane stated that the question that he has most often heard relates to the fact that Canterbury Downs knew of the pari mutuel tax when they submitted their proposal and why they .didn' t budget accordingly. Mr. Dawson stated that several things have happened since 1983 that have hurt the original finance proforma proposed by Canterbury. First, he stated that competition from j other tracks is drawing more of the quality horses away from Canterbury Downs. Another issue that has reduced the racetracks ability to meet their original proforma has been the fact that within the last five years, twenty-one states have reduced their pari mutuel tax to a lower rate than Minnesota' s. This has allowed those racetracks to funnel more money into their purses and again attract more of the quality horses. Assuming a reduction in the pari mutuel tax, Mr. Plekkenpol questioned if there were any projections on how long it would take the State to off set the taxes lost. Mr. Dawson stated that he was not aware of any projections of this type but that the loss in taxes to the State would be funneled back in to the horse racing industry. He went on to state that if the horse industry prospers it can only generate more tax revenue for the State of Minnesota. Commission Plekkenpol stated that he agreed with Mr. Dawsons comments and that there was quite a bit of spin off industry and commercial activity being generated by the racetrack that would not have other wise occurred had it not been for racetracks existence. Koopman/DuBois moved to approve Resolution #86-1 Supporting Amendment to the Pari mutuel Tax Law. Motion carried unanimously. ICC Open House Cont. Discussion then ensued on the ICC Day Open House. The possible dates for the event were discussed by the committee. Pat Dawson suggested that the ICC consider having the event on April 18, 1987 in conjunction with their annual warm-up day atthetrack. He further stated that this year the racetrack is also planning on having an Easter Egg Hunt for the younger children. Mr. Stock questioned if the racetrack would be advertising Metropolitan wide for this warm up day. Mr. Dawson stated that he planned on only advertising in Scott County and expected less than 2,000 people to attend the event. Commissioner Plekkenpol thought that it was a good idea to have the event at the racetrack but wanted it to be made clear that the ICC was sponsoring the Open House portion of the event. Mr. Dawson did not see a problem with this. The consensus of the committee was that the racetrack would be an excellent site for the event. Chairman Keane suggested that given the lateness of the meeting that the committee meet again next week to assign responsibilities for the Open House. It was a consensus of the committee to meet at 5: 00 P.M. on March 18th to continue discussion of the Open House. Commission Keane then suggested that some type of alert letter be mailed yet this week to the various organizations and committees that we wish to invite to the open house. Mr. Stock stated that he could obtain a list of the various organizations and have a letter mailed by Friday the 13th. Chairman Keane stated that the primary goal of the committee will be to identify methods of marketing the Open House. Mr. Stock briefly discussed the Star City Business Retention and Expansion and the Labor Survey that were included as informational items in the ICC agenda packet. Mr. Stock stated that these two surveys would be incorporated into the final Star City application and report. Koopman/DuBois moved to adjourn the meeting at 7:45 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 4 PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 26, 1987 Chairwoman VanMaldeghem called the meeting to order at 8 :30 p.m. with Comm. Czaja, Schmitt, Foudray, Rockne and Pomerenke present. Comm. Johnson was absent. Also present were Douglas Wise, City Planner; John K. Anderson, City Administrator; and Cncl. Clay. Czaja/Pomerenke moved to approve the agenda as written. Motion carried unanimously. PUBLIC HEARING - Amendment to Shakopee City Code, Sections 11. 40; Subd. 2c, Subd. 3, Subd. 4f and Subd. 7. Czaja/Schmitt moved to open the pubic hearing to consider an amendment to the Shakopee City Code, Sections 11.40; Subd. 2c, Subd. 3; Subd. 4f and Subd. 7; to allow private sewer service subject to City Council approval; to allow an increase in lot densities above the standards of the zoning district most similar in function to the proposed use and to permit mixed uses subject to the City Council approval.; to clarify requirements for administrative waivers. Motion carried unanimously. Discussion ensued on Subd. 2c of the City Code regarding utilities within the PUD. Gary Laurent, 2415 Lakeview Dr. , introduces Mr. Mike Rutten, Soils Engineering Consultant. Mike Rutten gave a brief slide presentation relating to utilities and installation and proper treatment of such sewage utilities. Comm. Czaja asked if there was anything to prevent someone from putting in a sewage system that is not up to code and what kind of inspections are preformed by the City and County in regards to septic installations. The City Planner said the City Building Inspector does inspect all systems. A question was raised as to the average life expectancy of a septic system. Mr. Rutten said that with the correct design and proper treatment it could be expected to last a very long time. David Licht, President of Northwest Associated Consultants, said that they support the entire regulation and that the benefits that a PUD affords in an urban setting offers the same benefits within a rural site. He said that in some cities they adopt a regulation that all septic systems have to be pumped annually. Discussion ensued on the size of the lot in regards to location of septic systems. Robert Schmitt, 14275 Marystown Road, said that if there isan alternative to be taken that the City should consider it. He is not in favor of amending the City Code because of the possible abuse of a septic system. He said the City should not allow advancements of their city without supplying it with City sewer and water. Planning Commission March 26, 1987 Page -2- Dennis Purcell, 2520 Marschall Road, expressed a concern of people not taking care of their septic systems and the possibility of sewage running out into the Lake O'Dowd area. Tim Keane, 1244 Canterbury Rd. , said he strongly supports the effort and direction of amending the Planned Unit Development Ordinance and that the City does need an ordinance that provides flexibility and control of mixed uses and mixed densities. Jim Sorenson, 2585 Marschall Road, supports residential growth but does have a concern in the variation of lot size. He believes that a lot as small as one-half acre in size cannot support self contained septic systems when clustered in any density. Pete Shutrup, 1444 Erin Ct. , Timber Trails, said that he does not believe septic systems on a one-half acre lot in a clay base soil will work. Hugh Cramber, 8409 W. 97 1/2 Street, Bloomington, said he is looking at one of the sites to build a home and if there is an ordinance passed that requires annual pumping of septic systems that it should work if the systems is not abused. Don MCKush, 3691 Marshall Road, asked what would happen if effluent got into the water table. Mr. Rutten replied that pollution would occur. Bill Dowl, 1420 Towline Ave. , said that the DNR told him that they could only go down as far as the Jordan aquifer and if that one becomes polluted there will be a problem getting the DNR to let them go down any further. Lance Sukoloff, 1424 wood Duck Trail, said that little has been said about the correct installation of these septic tanks. Mike Muellerr, Area hydrologist DNR, said he has been working with the City of Shakopee and the developer on this project. He said the DNR has issued a whole set of guidelines that dealt with Planned Unit Developments. He said that most of the runoff from that site is going away from Lake O'Dowd. He is most concerned with where the runoff will be directed, where the perc tests will show that there might be some cautionary features that must be addressed. Terry Forbord, 2103 Bridge Crossing, said he believes all installers haveto be licensed and if the guidelines are followed the system will work. Planning Commission March 26, 1987 Page -3- Schmitt/Pomerenke moved that the ordinance be altered and that the PUD project site shall be served by City sewer and water services except in an R-1 and Shoreland Zone. Within the R-1 and Shoreland Zone private water and sewer service may be allowed by the City Council based on recommendation by the Planning Commission subject to the following conditions: 1. Maximum deviation of land size density shall not exceed 20% where septic systems will be used. 2. Each lot shall have two septic sites identified. 3. Planning Commission must require easements of adjoining open space for sewage treatment- to supply at least one acre of site area for each residence. Where soil conditions such as clay exist, the applicant may be required to use alternative systems such as mound type, double tanking, etc.. Motion carried with Comm. Foudray and Pomerenke opposed. Czaja/Pomerenke moved for a 5 minute recess. Motion carried unanimously. Chairwoman VanMaldeghem called the meeting back to order at 10: 37 p.m. Discussion ensued on Density, Subd. 4f. The City Planner said that staff is proposing to change residential densities to be increased from 10% to 25%. Comm. Czaja had a concern in allowing lot sizes to be less than 2 acres, when sewer and water are not present. Comm. Schmitt said when sewer and water is not available the minimum density is 2 acres per lot. consensus of the Commission was to go with 258 limit for residential density. Mike Mueller, DNR, explained wy they allow variable density increases. He said that the further development is moved away from the lake, the higher the densities can be without affecting the water quality of the lake. Rick Smith, 1463 Lakeview Drive, said that the types of the areas involved should also be looked at when considering this 25% increase. The City Planner answered that each PUD will be dealt with individually by the Planning commission and that this just sets a maximum. Schmitt/Rockne moved that the maximum density adjustment allowed through the PUD Ordinance (Section 11. 40, Subd. 4f) shall not exceed 25%. Motion carried with Czaja opposed. Planning Commission March 26, 1967 Page -4- Discussion ensued on Mixed uses, Subd. 3, as related to a PUD. The City Planner said the primary use of the PUD has to be consistent with the primary use of the zone, but some mixing of uses will be allowed. Schmitt/Czaja moved to amend City Code Section 11. 40, Subd. 3 to read as follows: The Planning Commission recommends the following language be deleted from City Code Section 11.40, Subd. 3 : Subd. 3: Uses Permitted The use of P.U.D. conveys no right to the use of land other than as permitted by the district within which the PUD is applied. Uses permitted shall be those specified for each zoning district. For uses requiring a Conditional Use Permit and subject to the eligibility requirements, the PUD procedure may be used in lieu of the conditional use procedure. The Planning Commission recommends the following language be added to City Code Section 11.40, Subd 3 : Subd. 3: Uses Permitted Uses permitted in a P.U.D. may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses shall be permitted as specified within the following zones. In no case shall the following restrictions be exceeded. The City reserves the right to place more restrictive conditions on the mixture of uses within a P.U.D. in order to ensure the following: 1. The public health, safety and welfare of the community. 2. The intent of the ordinance and the zone in which the P.U.D. is located. 3. The prevention of conflicting land uses occurring either within the P.U.D. or with the surrounding land uses. A. - Rural Residential (R-1) 1. Conditional and permitted uses within the R-1 District. 2. - Conditional and permitted uses within the R-2 District. 3. Within a residential P.U.D. at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. Planning Commission March 26, 1987 Page -5- B. Urban Residential (R-2) 1. Conditional and permitted uses within the R-2 District. 2. Conditional and permitted uses within the R-3 District. 3 . Within a residential P.U.D. at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. C. Medium Density Residential (R-3 ) 1. Conditional and permitted uses within the R-3 District. 2. Conditional and permitted uses within the R-4 District. 3 . Within a residential P.U.D. at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. D. Multi-Family Residential (R-4) 1. Conditional and permitted uses in the R-4 District. 2. Commercial uses permitted in the B-1 District which serves the residential development not to exceed 15% of the total project area. 3 . Within a residential P.U.D. at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. E. Highway Business (B-1) 1. Conditional and permitted uses in the B-1 District. 2. Conditional and permitted uses allowed in the R-4 District not to exceed 25% of the total land and floor space area. F. Community Business (B-2) 1. Conditional and permitted uses in the B-2 District. 2. Conditional and permitted uses allowed in the R-4 District not to exceed 25% of the total land and floor space area. Planning Commission March 26, 1987 Page -6- G. Central Business (B-3 ) 1. Conditional and permitted uses in the B-3 District. H. Light Industry (I-1) 1. Conditional and permitted uses in the I-1 District. I . Heavy Industry ( I-2 ) 1. Conditional and permitted uses in the I-2 District. J. Shoreland (S) 1. Conditional and permitted uses in the S District. 2. Conditional and permitted uses in the R-1 and R-2 Districts not to exceed 25% of the land and floor space area. 3. within the Shoreland District at least 20% of the area shall be usable open space. Such space shall not include land devoted to streets, alleys, parking and private yards. K. Agriculture Preservation (Ag) 1. Conditional and permitted uses in the Ag District. Terry Forbord, 2103 Bridge Crossing, asked what the purpose of a PUD within the City of Shakopee was. The City Planner replied that it is to allow developers more creativity and flexibility in providing various types of development and better utilize the land and provided by the regular system of platting and development. Motion carried with Pomerenke opposed. Pomerenke/Schmitt moved to recommend to the City Council amendment of City Code Section 11.40, Subd. 7 as follows: 4. ADMINISTRATIVE WAIVER The following language shall be deleted from City code Section 11. 40, Subd. 7B: "The Administrator shall have the discretion to waive project and area information and such other information as Planning Commission March 26, 1987 Page -7- may be deemed in appropriate for remodeling, building expansion and similar projects. " The following language shall be added to City Code Section 11. 90, Subd. 7 : C. Administrative Waiver The Administrator shall have the discretion to waive the Planned Unit Development (PUD) approval process or information required for either adoption of a PUD or amendment of an approved PUD when the following conditions are met: 1. Properties located within a mandatory P.U.D. area. Properties which have not previously gone through the P.U.D. platting process will not be required to submit a P.U.D. when it functions as an existing Agricultural operation or when the following conditions are met: a) The changes in building location or size do not affect more than 10% of the site area and/or floor space. b) The changes in landscaping, parking & drive arrangement, or site improvements do not affect more than 10% of the site area. c) The changes comply with all requirements placed on the zone in which the property is located. 2. Properties for which a P.U.D. has been approved. a) The changes in building location or size do not affect more than 10% of the site area and/or floor space, not to exceed . 10,000 sq. ft. b) The changes in landscaping, parking & drive arrangement, or site improvements do not affect more than 10% of the site area, not to exceed 10,000 sq. ft. _ C) The changes comply with all requirements of the zoning code and conditions attached to the approval of the PUD. d) The changes do not alter the overall design, uses, or intent of the project. Motion carried unanimously. Planning Commission March 26, 1987 Page -8- Czaja/Schmitt moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved that the Ordinance as amended in the public hearing be favorably passed to the City Council. Motion carried unanimously. PUBLIC HEARING - Request for Preliminary Planned Unit Development, Gary Laurent and Tom Haugen. Schmitt/Czaja moved to open the public hearing to consider a request for a Preliminary Planned Unit Development for a golf course and residential development upon the property located North of O'Dowd Lake Park, South of County Road 77, East of County Road 79 and West of Timber Trails Addition. Motion carried unanimously. Schmitt/Rockne moved that all information and discussion which has been supplied to this body and any discussion which may occur regarding the economic viability of this golf course be stricken from the record. Motion carried unanimously. Gary Laurent said that two separate neighborhood meetings have been held to help give a better understanding to the surrounding neighborhood. There has been a substantial number of soil borings on site, 34 test holes have been done on the site. Mr. Mike Rutten reviewed the soils map from the Soil Conservation Service. he said there are a few lots in question within the proposed development that he would recommend not be built on. Chairman Czaja asked how this now effects what was previously discussed in density issue. The City Planner said that this does comply with the density recommendations previously discussed, it is within the 208 in the recommendation regarding utilities. Discussion ensued on the intent of the motion regarding sewage utilities. Gary Laurent said that the intent of the motion as it was made was that there by a total of one acre between the lot size and another identifiable area granted as easement for the purpose of treating sewage. The developer will work with the recommendations of the Soils Consulting Engineer and will bring it back to Commission and Council for final approval. Commissioner Schmitt asked what was meant by open space being 20%. The City Administrator said that within a PUD there has to be open space provided for the residents within the PUD, the question was whether a golf course could be considered the usable open area. Maggie Kline, 2522 Hauer Trail, said she is a realtor in the City of Shakopee and she does not like to see people move out of Planning Commission March 26, 1987 Page -9- Shakopee. She thinks this residential area will help enhance the City in regards to upper level residential areas. Don MCKush raised a concern of golfers hitting a ball over the bay of Lake O'Dowd. He asked about the liability involved in hitting balls over open water. David Plekkenpol, 2433 CR-79, asked if the City really needs another 18 hole golf course. The Commission could not answer that because it is a market study regarding economic feasibility. Robin Wolf, 1149 Jefferson, said she lives and works in Shakopee and is in support of the proposed project. Jim Sorenson, 2585 Marschall Road, said he thinks the golf course and the housing along with it is beneficial to the City. He would like to see a 100 foot setback from the lake shore. which would enhance this project. Chairwoman VanMaldeghem read a a letter received from Carol Snedden and Paul Munch stating .their concern over the lots along the lakeshore. They cannot see how they will support a drain field and a resident. They also stated that drainage o fertilizers off the golf course will pollute the lake. Comm. Schmitt asked i there was a way to restructure hole number 7 and direct the golf traffic away from the residential area. Discussion ensued on the trail going from hole number 7 down to hole number 8 on the other side of Lake O'Dowd. Mr. Mueller, DNR, reviewed the issues of concern and said they are a little concerned over the factor of safety of golf balls flying over the lake. They are proposing that a high fence be put up by the 7th hole which would eliminate the low flying golf balls across the water. He proposed there be a fertilizer band along the shoreline properties. He discussed the possibility of putting in a deep well. He does not feel the 99 unit development is unreasonable. The DNR will not approve this project until they are assured that perc tests are accurate and an environmental assessment worksheet must also be done before it can be approved. A question was raised as to the boat capacity. Mr. Mueller answered that the criteria will be one residence, one dock. Comm. Czaja asked what impact docks might have on the lake. Mr. Mueller said he did not see any concern over docks being on the lake. Planning Commission March 26, 1987 Page -10- Chairwoman VanMaldeghem asked if there was anyone from audience who wished to address this issue. There was no response. Schmitt/Pomerenke moved to close the public hearing. Motion carried unanimously. Czaja/Foudray moved to table this issue until the April 16, meeting. Motion carried unanimously. Schmitt/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 2:00 a.m. Douglas Wise City Planner Carol L. Schultz Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session cbakopee, Minnesota March 26, 1987 Chairwemat VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Rockne, Foudray, Czaja, and Pomerenke present. Comm. Schmitt arrived at 7:45 p.m. Comm. Johnson was absent. Also present were John B. Anderson, City Administrator; Douglas Wise, City Planner; end Cncl. Clay. PUBLIC HEARING: Variance Resolution #484, Valleyfair. Foudray/ Pomerenke moved to open the public hearing to consider a request for a variance to increase the allowable signage of 100 square feet for a free-standing sign in an I-2 zoning district by 312.5 square feet, in order to replace the existing marquee with a new sign upon the property located at One Valleyfair Drive. Motion carried unanimously. The City Planner reviewed the request from Valleyfair to construct a 412.5 square foot free standing sign. The code allows a maximum of 100 square feet of signage. The applicant is requesting a variance on the grounds that a 100 square foot sign would be small compared to the scale of the development, the moving or constructingofa-new sign is" a circumstance beyond the control of the applicant since the marquee was condemned. Walt Witmer, Vice President end General Manager of Valleyfair said that the hardship was created by the City for condemning their present sign. Discussion ensued on whether or not a variance request if feasible or if staff should look at the possibility of changing the ordinance. Comm. Czaja asked if there was a possibility to utilize the natural surroundings of the area to make the sign more attractive. The question arose as to the feasibility of moving the present marquee a little to the west. The applicant said that it would thea be located on property owned by the highway department. Cncl. Clay said that compared to the mad frontage of the Valleyfair property the square footage of this sign proposed is not.to significant. Terry Forbord, 2103 Bridge Crossing, said he feels the current sign ordinance is not pro-business in the City, end compared to the size of Valleyfair the proposed sign is not too large and that the variance should be granted. Chairwoman VanMaldeghem asked if there was anyone else from the audience who wished to address this issue. There was nonresponse. Czaja/Foudray moved to close the public hearing. Motion carried unanimously. Comm. Czaja moved to deny Resolution #484. Motion died because of lack of second. BAA March 26, 1987 Page -2- Comm. Pomerenke said that he would like to see some alternatives, such as construction of a temporary sign until the construction of the service road is completed. Barry Stock asked if the service road project could be delayed for three moaths to give the City time to change the ordinance. The City Administrator stated that the coat of a temporary sign and/or moving of the present marquee could be fairly expensive and may not be the answer. Foudray/Pomerenke moved to grant Variance Resolution No. 484, on a temporary basis for the 1987 season subject to review immediately after- wards and subject to any changes that might be made in revision of our sign ordinance, Chairwoman Van.Maldeghem said that conditions cannot be put on a variance and motion is ruled out of order. Czaja/Foudray moved to grant Variance Resolution No. 484, to grant Valleyfair the sign variance of 312 square feet for their sign. Concerns were expressed on setting a precedent to the present sign ordinance. Motion fails with Comm, Czaja, Rockne„ Pomerenke, and VanMaldeghem opposed. Rockne/Pomerenke moved that if theapplicant should elect to build a temporary sign, that the building permit fee for such atemporary sign be waived. Motion carried with Comm, Czaja opposed - - Czaja/Rockne moved to accept the Annual Report with addition of Commissioners names and titles be included. Motion carried unanimously. Rockne/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:30 p.m. Douglas Wise City Planner Carol L. Schultz Recording Secretary _ PROCEEDINGS OF THE SHAKOPEE PLPti:!ING COVRIUSS: ON - - - REGULAR SESSION SHAK '?72, MINNESOTA APRIL 9, 1997 Chairwoman v..nMald.jg._e:n call,: the meeting to order. at 8:30 p.m. witil cc=. merenk: , Foudray ,d Czaja present. Comm. Schmitt, Johnson, an Roc:,ne %,ere absent_. Also present were Doug Wise, C4.ty Dennis Kraft, Cos .Unity Deva;a_i .� D _rector, a d . .;,..,n K. City �C:Iin15`r��ar. Cza :1:: - :_^d to ai)Pr ve the aBd w1:'1 ....: _.. of .. - (' 1 F_:-enue ali jnmen1 ad ca r.; -> _._ Itati✓" un-, ,r �d _ i-otion _a_ 'd PtiBLIC HE. ING - P_eliminary orZ__ �,hts - 4th Addition, W-_lt Muhlen`ardt. _ Czaja/Pomerenke moved to open the public hearing to consider the - preliminary plat of Forizcn Heights 4th Addition lying on the - - - -property -located south of County Road 16, north of CountyRoad 42, east of- Mihl�nhardt Road and west of Highway 13. - Motion - carried unanimously. The CityPlannersaid the information needed to consider this plat wasnot.seceived .in time to be reviewed for this meeting. _ Foudray/Pomerenke moved to continue the public hearing until- May - 7, 1987. Motion carried unanimously. 13TH AVENUE ALIGNMENT - - - Discussion ensued on the 13th Ave. Alignment from County Road 16 . to county Road 15. The City Council concurred that -bgputting --�! some curves in the street could have a positive effect in slowing _ traffic down and could also . give more .variety to the street. -.. Comm. _Czaja had a-concernon--whether a curved street would .affect the fire departments access. The City Planner said it should not pose a - problem. The consensus was to keep the name of 13th _ Avenue and not change it. Cncl. Olay said the biggest concern of the Council was -the cost. of curvature versus straight line. Pomerenke/Foudray moved to accept Council' s recommendation for , - the orethe alignment of 13th Avenue. Motion carried unanimously. _.. Czaja/Foudray moved. tocontinue. wit:i the present name of 13th-- Avenue.- Motion carried unanimously. 'Czaja/Foudray moved to continue -with the present name-of 13th Avenue and not change- it because. of the ability to locate ,the . - -- -. street.- _Motion carried unanimously- with Comm. Pomerenke opposed. -- - - Planning Commission April 9, 1987 Page -2- -aja/2omererke moved to close the public hea; _g on .:ac'-son n.s i ecs Park. Motion carried unani-iously. .. _ 'iCzaja -voce; for a to minutes ra_.ns. . ;'.e tier carried ,am ca' : - �a �:_ -nom _=;:� � --o Cr_-.Ir ,,. . ' - a u.__:. p Cza;a/Pcmerenke moved to del-.v the final azproval of the PUD ordirance amerdmen- :: until A-_ril lo', 1987. Motion carried unanimously. PUPLIC HEARING - R=n_Lrq recuest: Meritor Deveicpe�er.t Pomer nk /_-c: -.ray moved to open the public hearing to cor-ider the -azoning request to rezone approximately 85 acres of land located cast of County Road 79 and South of 13th Avenue from Ag to R-2 acid R-3. Motion carried un:-_nimousiy. The Citv Planner said the applicant is requesting the rezoning of approximately 85 acres currently zoned Ag to R-2 and R-3 . The plan proposes urban residential development for this area and projects extension of urban services to this area between 1985 and 1990. There is no commercial allowed in he R-3 zone. Ccmm. _ Pomerenke expressed a concern over the future bypass creating a sliver of - land of "5 or 6 acres that could be land. locked. The City Planner replied that the multi family development that is , proposed- would create a buffer between the highway and the residential properties. Larry Frank, Meritor Development, said the reason for the R-3 land was - to create a buffer. Comm. Czaja said since there is no rezoning map included how can they handle this rezoning request. Mel Fisher, '1075 S Market, stated he is against rezoning of area - - because -he --will be -assessed for it, and also concern of low - - income housing surrounding his home. _ - - Wilfred Mahowald, corner of Prairie and 11th St., said he is against the rezoning because of lower income housing. - "- - --. .-. _ - -- -- - Planning Commission A^ril 9, 19:;7 P" 3e -3- Chairwoman Vanmald< 7 1 asked if t---rs was an7one else from the audience who wishaa to address ..`.is iss e. There was no Bosse. __ .Cd t0 cCntiala -^e ic r`_ -in, on the 7, 1 - So .. C..] •,.. i > Can be atm ,....1 79 ��.I t. (� . -..it ,e C �tl -__.e City P:annar reviea;ed the nropos�d preliminary pla'c, half is - zoned RR-2. The proposal is for 339 lots with open space areas. Larry Frank, Meritor Development reviewed the site plan. He said they closed 11th Avenue off so it is not a through street. A 4.8 acre park area was put in. Comm. Czaja asked where the access would be to get into the park. Sue Hoffineister, 1028 Dakota St. raised a concern over all the people from the development going to Pearson School parking lot. She said she is against the proposed plat. wilfr-d Mahowald expressed concern on losing his privacy die to the development. Mel Fischer, 1075 Market, said the roads in the town now cannot han_'-le all the traffic, why have another 700 cars eventually to go no place. He asked if a traffic study has been done. The _ City Planner answered that the developer will have to do a Environmental Assessment Worksheet (EAW) which will include a traffic study. - Roger Schmieg, 1077 Minnesota Street, said he would just as soon see 11th Avenue go through. As to .the development itself, he feels it would be developed sooner or later and it will probably be better now than later. : Heasked what the . price range of houses in the area will . be. The developeransweredbetween _._ $80,000 and $130,000. - -- --: - : Patty Trutenow,'.1035 Dakota, asked if --there was a specific size house, minimum square foot, proposed for this area. - She also asked if any covenants have been set. The developer said the - - covenants have not been set. The City Planner said that as far as the size house, it would have to meet the requirements of the - Planning Commission April 9, 1937 Page -4- __ -_e proposing to have 4 different bui_f _ each -_ - Fac:-.��. - . Street, had - .� . _q i^_th Sr - - will I Cha' rwc-aan-Va.rdstdeghem as%ed if t�,=e aasc. c:"e else =.. vii Ile ai:dierce -- who wished to address this iss_a. There--_was no response. _ Czaa/Pomererke moved to continue the public hearing to May 7, 1987. M01",,pcarried a^>_ni-.curly. Pcmerer_ke/Czaja moved to approve the preliminary plat fcr the area from 13th Avenue -North to 11th Avenue subject to the following conditions: - 1. Streets must be 'named, side and rear setbacks must he shown and utility easements shown. - - 2. Land dedication for park purposes is required. 3 . Either dedication or easements of 120 ' in width must be provided for the drainage way. - 4. A plan - -for construction and maintenance of the open space and ponding areas must be "-approved by the City. Engineer _ prior to final plat. 5. Street grades cannot exceed 58. - -- 6 R-O-W between - Minnesota St. and Dakota St. must be vacated, -- - the easements must be retained. - - -- -- -"- - - - - " - --' - 7.- A permit must be obtained from the , County Engineer for .. - access onto County Road #79.` -_ "- -- - - - - 8. A sidewalk along 13th Ave. will be required. - ` - (S' Punning Commission - April 9, 1:97 _ _z _5- 9 . = ec - ._ _ .or construction of the. , . . .. of Shakcpee. E. The developer aareas to re 4.-.i_ City for costs on 13th Ave. equivalent to u.e c ' . cts _.,r a 36 residential street. Cost s;:aring to be .'-_carmined by the City - Engineer. 10. Approval of a title opinion by the City Attorney. 11. The developer shall provide a recordable agreement stating that not more than 10% of the plat within the R-2 zone will be developed into twin homes. - PUB!""^_ HEARING - -Conditional Use Permit for open sales lot, Will -am Bakken. Pomerenke/Czaja moved to open the public hearing to consider an application for Conditional Use .Permit to operate an open sales lot upon- the properties located at 1266 E. .1st Avenue and 7380 Highway 101, both locations are in a B-1 zoning district. Motion carried unanimously. The City Planner said the site for 1266 E. First Avenue has been r,:moved for consideration for the site. There will " be only - - - access to the site for eastbound traffic. - - The zoning is - - - -- 'appropriate and they will need a " peddlers license. _ . Comm. Czaja asked about this setting a precedent for anyone being able to set - up an open sales lot. Bill Bakken, -applicant, "displayed what he will be - selling. They - _ will be sellingpicturesand they have sold them to some stores. He said the owner of the land has given his permission and is _. _ - - P1--n i-rg C^:,iy sign Antii 9, 1987 Page -6- _11,,.u; his _ -oe. T eS c;' 2 . A11 sa' and display area -must _ off public rig::t of 3 . No parking will be n7.lowed on the public right of way. 4. The permit crust be renewed annually. - FAUT'RS 47H ADDI'TIC.' - FI_` -L PLAT Discussion ensued on-the .Sinal _Plat of Hauers 4th Addition. The City Planner reviewed the issue of par: dedication He said the - - City Council was in favor off _Lot 1, Block 3, for a tot lot location:- - - - - - Dal.^ Dahlke, 1279 Limestone Dr. , said the people who live in the - surrounding lots around the proposed tot lot do not wish it to be a park because they have no children. - he feels that lot 23 or 24 - off Block 5 would be a better tot lot because it is located in the middle._ Thisproposal was not given to the City Council. - Czaja/Pomerenke moved� to approve the final plat of Hauer's 4th . Addition subject to the following conditions: 1. Unneededstreets and easements must be vacated. -- 2.- -The developer- must acquire all-land- to be dedicated as 13th - Avenue or have the other property owner sign .e-plat. _ 3 . No driveways may access directly onto 13th Avenue. . -- - 4. Lot 24, Block 5 y will he deeded to the City for park - purposes, ark-purposes„ payment in lieu of land dedication for park . purposes -will also be required.S. Asidewalk along 13th'Avenue will be. required. - � -- - "- - Planning Commission _ April 9, 1987 - - Page -7- 6. Ezecution - of a developersagree-. .-,z for ccnstructicn of required A. St_eet 1_ighti -:g to be accord =_nce -- th- _ _ . in L roc=i ._:— _ desi _P criteria n ._... ,:.- L e Ci '�y of Shako-ea. - E. The developer agrees to reiMbursa the City for costs of a normal 36 ' residential street_ from the western edge of the plat to a point 900' west of the intersections between co,-,nty Roads 16 and 13th Avenue. Cost sharing to be determined by City Engineer. 7. Approval of a title opinion by the City Attorney.. +ice S . The developer shall provide a recordable agreement stating -_ that not more than 100 of a plat will be developed into twin Motion carried unanimously. THERAPEUTIC MASSAGE AMENDMENTS - Discussion ensued on amending sections of the city code to allow _ - therapeutic massage ,in R-1 and R-2 zones. Czaja/Pomerenke move that Planning Commission recommend no action _ .. in regards to amending Sections 6.40, 6.41 and 11.05 Subd. 10 of the City Code. Motion carried unanimously. - - - - ' Foudray/Czaja moved to approve the annual report. - Motion carried unanimously. Comm. Pomerenke excused himself and left at- 11:50 p.m. _. Discussion " ensued on the possibility of getting things to the - Planning Commission in time forreview before having to act upon it. The City Administrator said staff can draft some guidelines ` i Planning COM:issicn April 9, 1981 Page -3- s to t inns can better Le fed throc;h trs :stem to enable pla:..ing cor.T scion have role t;:;._ for proper view. mr, �,1 ad' . � .. ai.tr a-.. —.a l _n .__ e _ ....1V• yY) - CIO- PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 9, 1987 Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Czaja, Pomerenke and Foudray present. Comm. Schmitt, Johnson and Rockne were absent. Also present were Douglas Wise, City Planner; Dennis Kraft, Community Development Director; and John K. Anderson, City Administrator. Czaja/Pomerenke moved to approve the agenda with a correction on Variance Resolution No. 481 not being a public hearing. Motion carried unanimously. Czaja/Foudray moved to approve the minutes of March 5, 1987, with correction of Dennis Kraft not present at the meeting. Motion carried unanimously. The City Planner reviewed the proposal of Jack VanRemortel, Backstretch R.V. Park, requesting variances to allow two area identification signs, one sign to exceed the allowed height by 20 feet, and a second sign to be located within 5 feet of the front property line and 1 foot off the ground upon the property located at CR-89 and 13th Avenue. He reviewed the difference between directional sign and entrance sign. The entrance sign proposed exceeds 4 sq. feet. Comm. Czaja expressed concern over setting a precedent in allowing this variance. Comm. Pomerenke felt that a sign such as this should be visible from the road. Chairwoman VanMaldeghem suggested that the applicant construct a temporary sign until the amendments to the sign ordinance have been completed. The City Planner said that exceptional circumstances apply to the area, such as topography is unique in that the road is higher than the site and also the visibility of the entrance from the highway. The applicant said another reason for the sign was to have a vacancy, no vacancy on it so people did not have to turn off the highway to see if there was a vacancy. She also said she talked to the State about a sign and there will be a State sign put up on the intersection of County Road 89 and 101, a small sign saying campground. Foudray/Pomerenke moved to approve the Variance Resolution No. 481 based on determination that the entrance sign is not a directional sign, but an identification sign to 1) allow the highway 101 sign to exceed the height allowed by the sign ordinance by 20 feet, 2) allow two signs instead of one and 3) allow the total signage to exceed the code requirements by 36 square feet. Motion fails with Comm. Czaja and VanMaldeghem opposed. PUBLIC HEARING - Variance Resolution No. 486, Clete Link. Czaja/Foudray moved to open the public hearing for a request for a 22 foot variance from the required 50 feet front yard setback BAA April 9, 1987 Page -2- construct a new dwelling at 1220 W 12th Avenue. Motion carried unanimously. Cit Planner reviewed the request for a variance from Clete Link to construct a new home 28 feet from the lot line adjacent to County Road 15. The required setback is 50 feet. Clete Link, local builder, said that when he applied for the building permit it was felt that he needed a two foot variance. He said it gets to be a problem to design and market a house with only a 40 foot frontage to work with. Discussion ensued .on the possibility of making a L-shape house by putting the garage in front. An L-shape home could fit and meet all the setbacks required. The City Planner said that both the City Engineer and the County Hwy. Engineer reviewed this proposal and recommended denial. Chairwoman VanMaldeghem asked if there was anyone from the audience who wished to address this issue. There was no response. Czaja/Foudray moved to close the public hearing. Motion carried unanimously. Czaja/Foudray moved to deny Variance Resolution No. 486, with reasons being Mr. Link has the ability to change the design, location and size of this house in order to comply with the requirements of the code. Motion carried unanimously. PUBLIC HEARING - Variance Resolution No. 485, Kenneth W. Russ Czaja/Pomerenke moved to open the public hearing for a request for a 4-foot variance from the required 10 foot side yard setback to construct a three season porch and deck at 1142 Jefferson Street. Motion carried unanimously. The City Planner reviewed the applicant's proposal to construct a 121. x 16' 3-season porch on the side of his house leaving only 6 ' to the side lot line. The code requires a 10' setback from the side lot line. The neighborhood was platted prior to the adoption of the ordinance requiring a 10' setback. The home was built with a patio door in this location so as a porch or deck could be added on at a later date. Ken Russ, 1142 Jefferson, said it would not be feasible for him to add a porch on the back of his garage as he would need a variance there also. Alan Bardasal, 1033 S. Main, said he recently built a 3-season porch only 5 feet from the lot line. Chairwoman VanMaldeghem asked if there was anyone else from the audience who to address this issue. There was no response. Czaja/Foudray moved to close the public hearing. Motion carried unanimously. HAA April 9, 1987 Page -3- Pomerenke/Foudray moved to offer Resolution No. 485 Granting a Variable of 4 ' from the Required 10' Setback. Motion carried with comm. Czaja opposed. Pomerenke/Czaja moved to adjourn at 8: 30 p.m. Motion carried unanimously. Douglas Wise City Planner Carol Schultz Recording Secretary /G PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 16, 1987 Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Foudray, Johnson, Czaja, Rockne and Schmitt present. Also present were John K. Anderson, City Administrator; Douglas Wise, City Planner; Dennis Kraft, Community Development Director; Barry Stock, Administrative Assistant; and Steve Clay, Cncl. ; Comm. Pomerenke was absent. Czaja/Johnson moved to approve the agenda with addition of discussion items: Additional staff assistance; Valley Fair letter; ICC Day; and special session on May 21, 1987. Motion carried unanimously. Rockne/Foudray moved to approve the minutes of February 5, 1987. Motion carried unanimously. Czaja/Foudray moved to approve the minutes of February 12, 1987. Motion carried unanimously. Discussion ensued on Amendments to Section 11. 40 of the City Code. The City Planner said that the City Council approve all recommended changes by the Planning Commission with the exception of condition three under the utilities section of the proposed amendments. Thee wee two options considered, option A is based on Density Criteria; Option B is based on Performance Criteria. Staff recommends option B. Comm. Czaja asked if the letter received from Al Frechette explaining the groundwater problem in the whole Shakopee area effects the Staffs view. The City Planner answered that it does not because the letter is talking about water from a well system that may be drawing out of the same aquifer as is being polluted by the landfill. The use of septic systems on individual sites have to deal with basically the groundwater and the capability of the site itself in absorbing the effluent from the system. The City Planner said the staffs recommendation requires two sites, which is double the requirement of the code, and construction must comply with the code standards. The sites are selected based on soil boring, percolation tests, and examination of the types of soil in the water table in that area. Chairwoman VanMaldeghem said she has a problem with maintained septic systems. She believes it would be difficult to control it, and to convince property owners to properly maintain it. Gary Laurent said he has a number of concerns on testimony that a septic system can fail within a year. He stated the useful life of a septic system, if properly maintained, can be the life of the residence. He said he is in full agreement with having two Planning Commission April 16, 1987 Page -2- septic system sites per lot. He also said he had met with Al Frechette and that Mr. Frechette felt that the developer had gone most of the way in meeting all of his concerns addressed in his letter. Mr. Frechette 's intention of his letter was simply to put the City on alert as to some of the problems that could arise. Mr. McKush addressed a few concerns on the 10 and 15 foot side yard setbacks shown on Mr. Laurents illustration. Chairwoman Vanmaldeghem said that the required 20 ' sideyard setbacks will have to be maintained. Mr. MCRush had a concern of the shoreline lots not having enough room for septic systems. The City Planner said that in the shoreline district the building setback from a county road is 75 feet from center line of the road and the building setback from the lake is 100 feet, the septic systems have to be 75 feet from the lake. Comm. Czaja had a concern with the density being less than 1 acre and what would happen to the groundwater and would there by groundwater contamination whether it was 1 or 2 acres. Schmitt/Czaja moved to recommend to City Council to adopt Option A to read: The Planning Commission shall require easement of abutting/contiguous open space for sewage treatment to supply at least one acre of site area for each residence. Where soil conditions dictate, the applicant shall be required to use alternative systems such as mounds, double tanking, etc. Roll Call: Ayes: Comm. Johnson, Schmitt, Rockne, Foudray, Czaja, VanMaldeghem. Noes: None Motion carried. Schmitt/Czaja moved that the Planning Commission recommend to the City Council that it begin immediate work on the ordinance designed for the purpose of licensing, inspecting and pumping of septic systems. Motion carried unanimously. Schmitt/Czaja moved for a 5 minute recess. Motion carried unanimously. Meeting was called back to order at 8:55 p.m. Discussion ensued on the P.U.D. request for O'Dowd Lake Estates and Golf Club. The Cit Planner said that the City does not have a definition of open space. Gary Laurent, the developer, addressed the concerns of Mr. Frechette in his letter to the Planning Commission April 16, 1987 Page -3- City. He was concerned about the issue of water being pumped for irrigation of the golf course and in regards to density off more than 99 units. Mr. Frechette indicated to Gary Laurent that he would address his concerns in the Environmental Assessment Worksheet. chairwoman VanMaldeghem said she would like to have an amended letter from Mr. Frechette indicating his concerns. Discussion ensuedon the issue of open space, and whether the golf course could be considered open space. Mr. Laurent said open space provides a relief from continuation of residential houses one on top of another. Foudray/Schmitt moved the adoption of the Preliminary P.U.D. subject to the following conditions: 1. Submission Of a sewer plan which contains an analysis of soils and design standards for each residential site and club house site which insures compliance with the city code for individual/private sewage treatment systems. 2. A plan for design and management of the water distribution system, consumption tables comparisons and estimated consumption. 3. County Road access permits will be required from Scott County prior to final PUD approval. 4. Approval from the DNR on the use of the protected wetlands and O'Dowd lake should be submitted prior to the issuance of any building permits. 5. A Street lighting plan should be included on the final PUD design map. 6. A phasing plan for the residential development should be submitted prior to final PUD approval. 7. A drainage plan should be developed which identifies facilities to accommodate overflow prior to final PUD approval. 8. Design characteristics of the emergency trail connecting the club house parking lot with the 2400 cul-de-sac should be submitted prior to final PUD approval and must be capable of allowing year round access by emergency vehicles. 9. Streets must be named, setbacks and easements must be shown. Planning Commission April 16, 1987 Page -4- 10. The number of entrances to County Road 77 shall be limited to three. 11. A design review for hole #8 will be required. The design review shall be directed toward removal of any potential hazards. 12. Execution of a Developer' s Agreement for the construction of the required improvements: A. Installation of a water system as approved by the City of Shakopee. B. Installation of a street lighting system as approved by the City of Shakopee. C. Storm Water system as approved by the City of Shakopee. D. Streets and street signs to be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. E. In lieu of the park land dedication and/or fee, the developer shall provide a trail connecting Timber Trails Addition and O'Dowd Park and payment in lieu of park dedication. Said trail should meet plans and specifications as approved by the City Engineer. Said trail should be completed prior to the issuance off a ' certificate Of occupancy for the Golf Course Club House. The design specifications of the emergency access connecting the club house parking lot and the cul-de-sac shall be approved 'bv the City prior to issuance of a certificated o£ occupancy for the club house. 13. Approval of a Title Opinion by the City Attorney. 14. DNR approval of the following: a. The PUD plat b. The environment assessment worksheet. C. The use of fertilizer, grading and landscaping within thee lake watershed. d. The design for Hole #8. e. Docking and lake access. f. Alternation of wetland areas. • 16 Planning Commission April 16, 1987 Page -5- 15. The developer shall provide the City with a copy of covenants for the PUD. These covenants must include the following: a. DNR restrictions on fertilizer use and lake testing. b. Delineate the use of open space by residents of the PUD. Clearly define any restrictions limiting the use Of open space by residents. C. Liability insurance requirements, the City shall be named a coinsured for any liability resulting from the play of golf over public land or water. Comm. Czaja read a definition of open space defining it as that part of a countryside which has not been developed and which is desirable for preservation in its natural state for ecological, historical or recreational purposes. He said he has concern of where children will play and how the homes will be separated from the golf course. Mr. Haugen replied that there will be no fences allowed. Chairwoman VanMaldeghem asked if there was concern by NSP that the maintenance shed is being put right below the power lines. Mr. Laurent said they have no problem, since it will be closed to the public. Mr. MCRush raised a number of concerns on how many units will be attached and unattached and he thought there was confusion on how many homes will be built. The City Administrator suggested that Mr. MCRush stop in at the City Hall and see the City Planner in regards to his concerns. Motion carried unanimously with amendments. Czaja/Schmitt moved for a 5 minute recess. Motion carried unanimously. - Meeting called back to order at 10:55 p.m. SCOTTLAND COMPANIES LATOUR PROPERTY Zak Johnson, of the Scottland Company addressed the issue of concerns and future plans for development of the latour property. He said they are concerned about the development of 13th Avenue at this time and the economic hardship it would place upon them now. He also has a concern over what type of commercial property would be appropriate in this area. Planning Commission April 16, 1987 Page -6- STAFFING Chairwoman VanMaldeghem stated that with all the items coming before the Planning commission, revision of the sign ordinance, and upcoming -revision of the septic system ordinance, staff is greatly over worked. Schmitt/Rockne moved that the Planning Commission recommend to the City Council the hiring of additional Planning Staff. Motion carried unanimously. Schmitt/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Douglas Wise City Planner Carol Schultz Recording Secretaryy / 7 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN May 7, 1987 Chairwoman Van Maldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3 . Approval of March 26th and April 9th, 1987 Meeting Minutes. 4. 7: 30 P.M. PUBLIC HEARING: Request for a variance to build an accessory building nearer the front lot line than the principal building upon the property located at 2032 Eaglewood Circle. Applicant: Wayne Ek Action: Variance Resolution #488 5. Other Business 6. Adjourn Douglas K. Wise City Planner /7 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN May 7, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of March 5th, March 26th, April 9th, and April 16th, 1987 Meeting Minutes. - 4. 7:40 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Horizon Heights 4th Addition lying on the property located South of County- Road 16, North of County Road 42, East of Muhlenhardt Road and West of Hwy. 13. Applicant: Walt Muhlenhardt Action: Recommendation to City Council 5. 7:50 P.M. PUBLIC HEARING CONTINUED: To consider the rezoning request to rezone approximately 85 acres of land located East of County Road 79 and South of llth Avenue from Ag to R-2 and R-3. Applicant: Meritor Development Corportion Action: Recommendation to City Council 6. 8:00 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Canterbury Estates lying on the property located East of County Road 79 and South of llth Avenue. Applicant: Meritor Development Corporation Action: Recommendation to City Council 7. 8:10 P.M. PUBLIC HEARING: To consider the preliminary and final plat of Behringer's First Addition, 10.033 acres lying West of County Road 83, East of the Racetrack and South of the Valley Racquetball Club. Applicant: Joan Behringer Action: Recommendation to City Council 8. 8:20 P.M. PUBLIC HEARING: To consider the preliminary plat of Heritage Place lying on the property located Westerly of Hauer' s 3rd Addition, Southerly of J.E.J. 2nd Addition and Hauer' s 2nd Addition. Applicant: Heritage Development Action: Recommendation to City Council 9. 8:30 P.M. PUBLIC HEARING: To consider the application for a Conditional Use Permit for a home occupation for a dance school and theatre in the barn located behind the dwelling at 1830 Marschall Road. Applicants: Theodore and Sharon Hinck Action: Conditional Use Permit Resolution #489 10. Other Business a. Conditional Use Permit Reviews b. 11. Adjourn Douglas Wise City Planner ig 'HERO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City EngineerAq— SUBJECT: Project Status Report DATE: May 1 , 1987 Attached is the project status report for the month of April . Construction is proceeding on various projects that were carried over from last year and work is progressing smoothly on the Valley Park Drive North Project. We fully expect to have that project completed in time for Valleyfair's opening. We anticipate coming to Council for approval of a Parks Improvement Project at their May 12, 1987 meeting. This project includes a parking lot expansion at Tahpah Park, resurfacing of a basketball court at Hiawatha Park and a trail expansion at Lion's Park. 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TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MAY 5, 1987 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. meeting 31 Re-convene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *-7] Approval of Minutes of April 21st and 28th, 1987 8] Communications: (Items noted forconsent will be received and filed) a] George Muenchow, Dir-Shakopee Community Recreation re: flag pole donation b] Glenn Purdue, Suburban Rate Authority re: Suburban Rate Authority Metropolitan Area Telephone Rate Design c] Venn Peterson, Association of Metropolitan Municipalities re: Legislative Report of Critical Items d] Marcy Waritz, Metropolitan Council Member re: Council 's current strategic planning process ea 0-c .n QQcv1 /1v : line, 7 3 �- Qeoionn to 9] Public Hearings: a] 7:30 P.M. - Appeal of Board of Adjustments and Appeals Denial of A Variance from the Sign Ordinance for Valleyfair b] 7:45 P.M. - Appeal of Board of Adjustments and Appeals Denial of A Variance from the Sign Ordinance for the Backstretch RV Park - S of RR tracks and E of CR-89 c] 8:00 P.M. - Vacation of Certain Easements and Right-of-Way Within Hauer' s 3rd Addition - N of proposed 13th Avenue d] 8:15 P.M. - Vacation of Austin Street South of Davis Court 10] Boards and Commissions: Planning Commission: a] - City Planning Staff b] City Code Regarding On-Site Sewage Treatment Systems TENTATIVE AGENDA May 5, 1987 Page -2- 11] Reports from Staff: [Council will take a 10 minute break around 9 :001 .a] Calender Parking Reviewal - *b] Purchase of Used Investigative Vehicle c] Killarney Hills and Market Street Feasibility Reports (bring reports from 4/21 meeting items 12C and 12d) d] Accepting Bid on Signalization at Hwy 101 and CR-83, Project 87-1 - Res. No. 2725 - e] Approval of Bills in the Amount oY_$64,291.62 - - If] T.H. 169 Mini-Bypass Project - bring llf from 4/21 agenda *g] Sixth Avenue Sanitary Sewer Reconstruction h] John Nelson Sanitary Sewer Service - bring llh from 4/21 agenda *i] Addendum to Agreement Between the City of Shakopee and the Shakopee Chamber of Commerce j] Application from Damile, Inc. for Set-Up and On-Sale 3.2 Beer License *k] Reciprocal Fire Service Agreement Between Shakopee and Eden Prairie *1] Interfund Transfers *m] Revised Fire Service Agreement With Jackson Township 12] Resolutions and Ordinances: *a] Res. No. 2724, Amending the 1987 Payplan b] Ord. No. 214, Regulating Horse and Livery Service - bring 12b from 4/21 agenda *c] Res. No. 2714, Authorizing Execution of Agreement Between the City and the State for Federal Aid Highway Improvement *d] Res. No. 2718, Accepting Work on 2nd Ave. Parking Lot Reconstruction and Storm Sewer, 1985-4 *e] Res. No. 2721, A Resolution of Disclaimer *f] Res. No. 2723, Requesting The State to Participate Financially in the Upper Valley Basin Drainage Project 131 Other Business: a] d6 ocL bl c] i 14] Adjourn to Tuesday, May 12, 1987 at 7 :00 P .M. John K. Anderson City Administrator -- SII TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting May 5, 1987 Chairperson Leroux presiding 1. Roll Call at 7:00 P.M. 2. Accept Special Call 3. Approval of Minutes of April 21, 1987 4. Amendment to the Shakopee Valley Square Contract 5. Other Business 6. Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AH'MORITY SPECIAL MEETING SHAKOPEE, MINNESOTA APRIL 21 , 1987 Chairman Leroux called the meeting to order at 7:02 p.m, with Comm. Lebens, Vierling, Clay, and Wampach present. Also present were John K. Anderson, City Administrator Doug Wise, City Planner; Dennis Kraft, Executive Director; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; Julius A. Coller II, City Attorney; and Mayor Reinke. Vierling/Lebens moved to accept the Special Call of the HRA. Motion carried unanimously. Vierling/wampach moved to approve the minutes of April 7, 1987. Motion carried unanimously. The Executive Director reviewed the Amendment to the Shakopee Valley Square Contract for Private Development. He said the developer was unable to obtain financing and the project did not go as scheduled last summer. At this point in time, Mr. Wallace Bakken, has obtained financing._ The new contract will delete the restaurant portion of the contract. The new fair market value . will be $2,630,000. The new contract calls for a start date of no later than July 1, 1987, and completion no later than December 31, 1987. Comm. Wampach asked if Mr. Krass has reviewed this amendment since he was involved with this from the beginning. Wampach/Vierling moved to refer this back to Mr. Kress, Asst. City Attorney, for review and return back to the HRA in 2 weeks. Motion carried with Comm. Lebens opposed. Clay/Vierling moved to adjourn at 7:20 p.m. Motion carried unanimously. Dennis Kraft Executive Director Carol L. Schultz Recording Secretary Memo to:Shakopee HRA 1 From:Dennis R. Kraft,Executive Director Subject:Shakopee Square Amended Development Agreement This afternoon I was informed by Mr. Jake Manahan, legal counsel for Mr. Wallace Bakken that the financing for the Shakopee Square Project has not yet been obtained. When this item was originally put on the HRA agenda in April it was assumed that financing was imminent. In that this is not the case the amended contract is being removed from the agenda at this time. �y MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Amendment to the Shakopee Valley Square Contract for Private Development DATE: April 30, 1987 Introduction• The HRA entered into a developers contract with Shakopee Square Properties in the summer of 1986 for various improvements to the Shakopee Valley Motel. The project did not proceed as envisioned and did not meet the scheduling requirements contained in the contract. The developers would like the contract amended at this time to permit a change in plans. This item was considered at the April 21, 1987 HRA meeting and at that time it was requested that the Assistant City Attorney review the amended contract. Mr. Krass has reviewed the contract and found it to be acceptable. Background• Wallace and Lyle Bakken entered into a contract for private development with the Shakopee HRA last summer. This contract called for construction to commence by September 1, 1986. The project included an expansion to the Shakopee Valley Motel, the construction of a campground facility and related site improvements and the construction of a restaurant. This did not happen because of the developers inability to obtain financing for the project. The development agreement also called for the submission of a letter of credit in the amount of $50, 000. This has been done and the letter of credit is presently in the possession of the HRA. The contract also called for the signing of an assessment agreement. This did not happen because the developers legal counsel indicated this could not be done because of the ownership status of the properties involved in the project. The amended agreement will include another assessment agreement which will have to be signed by the developer. The amended contract deletes the restaurant portion of the development. (This represented a value of $990,000. ) The developer has indicated that probably in another year or so it will be for the restaurant to be constructed. It was apparently the lack of financial feasibility of the restaurant which created the financing dilemma for the project. The original contract had an estimated market value of $1.2 million for the motel expansion. At this time it is estimated to be valued at $2 million. The original contract called for $500,000 worth of improvements for the campground and the amended contract restates that amount at $300,000. The various site improvements remain valued at $330,000 and represents no change from the original contract. The total estimated minimum market value was $2,470,000 in the original contract and the figure contained in the amended agreement is $2,630,000. This is a crucial point in that the HRA has previously sold bonds on this project. In that the proposed estimated market value exceeds the estimated market value contained in the original agreement there will be sufficient tax increment funding available to service the debt on the outstanding bonds. The original contract called for a construction start no later than September 1, 1986; obviously, this did not happen. The amended contract calls for a construction start no later than July 1, 1987 and completion no later than December 31, 1987. The attached assessment agreement calls for a minimum market value of $1.5 million as of January 2, 1987 and a minimum market value of $3. 0 million as of January 2, 1988 and thereafter extending for the life of the project. Alternatives• 1. Approve the amended and restated contract as discussed above and permit Shakopee Square Properties to delete the restaurant phase of their project. 2. Do not approve the alternative and potentially risk the ability of the developer to obtain financing for the redevelopment project. Recommendation: Approve Resolution No. 87-2 which authorizes the execution of an amended and restated contract for private development with Shakopee Valley Square Properties. RESOLUTION NO. 87-2 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED CONTRACT FOR PRIVATE DEVELOPMENT WITH SHAKOPEE VALLEY SQUARE PROPERTIES It is hereby resolved by the Board of Commissioners (the "Board" ) of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority" ) , as follows: 1. Recitals. (a) The Authority has the powers provided in Minnesota Statutes, Sections 462.411 et seg. , as amended (the "Act" ) . (b) Pursuant to and in furtherance of the objec- tives of the Act, the Authority has undertaken a program to promote development and redevelopment of certain land within the City of Shakopee and in this connection is engaged in carrying out its redevelopment project known as the Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Redevelopment Project" ) in an area (the "Project Area" ) located in the City. (c) There has been approved by this Board, pur- suant to the Act, a Redevelopment Program for the Rede- velopment Project, as amended (the "Redevelopment Pro- gram" ) . (d) The acquisition and the subsequent sale or lease of the potential development property to private developers for development and redevelopment are stated objectives of the Redevelopment Program. (e) In order to achieve the objectives of the Redevelopment Program and particularly to make the land in the Project Area available for development by private enterprise in . conformance with the Redevelopment Pro- gram, the Authority has determined to provide substan- tial aid and assistance in connection with the Rede- velopment Program through the financing of certain of the public costs of development in the Project Area. (f) Shakopee Valley Square Properties, a Minnesota general partnership (the "Developer") , has presented the Authority with an amended proposal for the construction within the Project Area of a motel expansion and a camp- ground/recreational facility, and a certain Amended and Restated Contract for Private Development between the Authority and the Developer ( the "Develcpment Ac.ee- ment" ) stating the terms and conditions of such revised development proposal and stating the Authority ' s responsibilities respecting the assistance thereof has been presented to this Board for its consideration. 2. This Board hereby approves the Development Acree- ment substantially in the form presented to the Board and hereby authorizes the Chairman and the Executive Director to execute the same on behalf of the Authority, with such addi- tions and modifications as those officers may deem desirable or necessary, as evidenced by their execution thereof. 3 . Upon execution and delivery of the Development Agreement , the officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement said agreement. 4 . The Board hereby determines that the execution and performance of the Development Agreement will help realize the public purposes of the Act and are in furtherance of the Redevelopment Program. Adopted by the Shakopee HPLA Board of Commissioners on , 1987 . Adopted in session of the Shakopee 'Housing and Redevelopment au_hcri.y c: the City of Shakopee, Minnesota, held this day of 1987 . C nairnerson Executive Director Approved as to form this day of 2.967 . Attorney _ 2 _ PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL �7 ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 21, -1987 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Leroux, Vierling, Lebens, Clay, and Wampach present. Also present were John K. Anderson, City Administrator; Dennis Kraft, Community Development Director; Doug Wise, City Planner; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. Wampach/Vierling moved to recess for HRA. Motion carried unanimously. Wampach/Clay moved to reconvene to City Council at 7:20 p.m. Motion carried unanimously. Liaison reports were given by councilmembers. Mayor Reinke asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Leroux/Clay moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to approve the minutes of April 14, 1987. Motion carried with Cncl. Lebens abstaining. Leroux/Clay moved- to receive and file the letter from Tom and Maggie Klein stating their support for the golf course development. (Approved under consent business) Wampach/Vierling moved to receive and file the letter from G. Larry Griffith, Dorsey & Whitney ref: Valleyfair request for a variance from the sign ordinance. Motion carried unanimously. Leroux/Lebens moved to receive and file the letter from James A.- Terwedo, Scott County Attorney, regarding a public hearing concerning the formation of a regional railroad authority within Scott county. Motion carried unanimously. Vierling/Leroux moved to extend the contract agreement with Van Pool Services Inc. for one additional year. Motion carried unanimously. Leroux/wampach moved to approve the Van Pool Policy #20- Probationary Period and Van Pool Policy #21 - Driver/Back-up Responsibilities. (Doc. No. CC-135) . Motion carried unanimously. Leroux/Lebens moved to approve the alignment of 13th Avenue from County Road 16 to County Road 15, as proposed. (Doc. No. CC- 135) . Motion carried unanimously. City Council April 21, 1987 Page -2- Discussion ensued on renaming 13th Avenue. Cncl. Clay said in view of the alignment as it goes there should be a new name to go with it. Clay/Leroux moved to create a contest for a new name of 13th Avenue to go no later then May 5th, 1987. Motion carried with Cncl. Lebens and Wampach opposed. The Shakopee Valley News will print an article in their next issue and the public will be invited to call or write to the City with suggested names for the newly aligned 13th Avenue. The City Planner reviewed the Canterbury Estates Preliminary Plat. He said the Planning Commission approved the plat for the portion of Canterbury Estates from 13th Avenue north to 11th Avenue. Mayor Reinke asked if Canterbury was a registered trade name. The developer said he will check into it and if it is he will change the name. Cncl. Leroux asked about land dedication for park purposes. The City Planner said there will be two areas dedicated for park purposes in the northern part of the plat alone, a total of 15 acres of park land. Cncl. wampach asked where the sidewalk along 13th Avenue will be located. The City Planner replied that it will probably be the north side of 13th Avenue and the abutting property owners will be responsible for maintenance of the sidewalk. It was the feeling of the developer that maintenance should be required by the City for the sidewalk and not the abutting property owners. Leroux/Clay moved to approve the preliminary plat of Canterbury Estates with the 11 conditions as stated by the Planning Commission in their minutes of April 9, 1987. Motion carried unanimously. The City Planner said the Planning Commission selected a new site for the tot lot in Hauer' s 4th Addition. The developer said that he believes Jasper Road will have more traffic than the road where the new site has been selected and it is more centrally located for the neighborhood. The City Engineer said when Hauer's 3rd Addition was platted there was an extra depth and oversizing of the sanitary sewer that was put in to service the area to the south. At the time the City reimbursed the developer of Hauer's 3rd for that cost and now the cost should be repaid as a result of having that availability on this particular plat. Leroux/Vierling offered Resolution No. 2717, A Resolution Approving the Final Plat of Mauer' s 4th Addition, with the 7 City Council April 21, 1987 Page -3- addition of condition 6F, the developer agrees to reimburse the City an amount of $27,290.60 for costs associated with the extra depth and size of the sanitary sewer serving Hauer' s 3rd Addition. Roll Call: Ayes: Unanimous Noes: None Motion carried. Lergax/Lebens moved to deny the application of Carol Cronkhite for registration as a masseuse at 2560 Muhlenhardt Road. Motion carried unanimously. Vierling/Leroux moved to approve the refunding of $75.00 application fee for a conditional use permit for a home occupation to Carol Cronkhite, 2560 Muhlenhardt Road. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Vierling moved for a 15 minute recess. Motion carried unanimously. Wampach/Lebens moved to reconvene at 9:20 p.m. Motion carried unanimously. The City Planner reviewed the Amendment to Planned Unit Development Ordinance Regarding Utilities. He said the Planning Commission selected Option A retaining the one acre minimum site area. Gary Laurent addressed the Council and showed some transparencies regarding lot sizes in unsewered areas. He said Option E would enable them to bring lots closer together and concentrate them up to the excellent soils area. The issue of future sewer and water services in the area - this will be a lot easier to serve in the future for sewer and water and will be less costly to people. Leroux/Vierling moved to accept the decision of Planning Commission for the utilities in a planned unit development: " The Planning Commission shall require easements of abutting/contiguous open space for sewage treatment to supply at least one acre of site area for each residence. Where soil conditions dictate, the applicant shall be required to use alternative systems such as mounds, double tanking, etc." Motion carried unanimously. The City Planner reviewed the Preliminary PUD for O'Dowd lake Estates and Golf Club. Hill Dellwo, Louisville Township, is concerned with Al Frechette's letter regarding the density and well issue, and also the consequences with another high volume well. Bob Schmitt, raised concern on the limestone and Jordan Aquifer, there is always a chance of problems when you have high density City Council April 21, 1987 Page -4- with septic systems and private wells. He had a concern with wells running dry due to more wells drawing from the same aquifer. Mayor Reinke said the whole proposed area is in a different pressure zone than any other water system presently with the City of Shakopee. He also said this particular area is not to be served by sanitary sewer for a long period of time by determination of the Metropolitan Council according to our Comprehensive Development Plan. Don MC&ush, said he feels we should live within the ordinance. He reviewed several discrepancies of the proposed planned unit development with the ordinance. He said he feels the developer should go back to the drawing board and come up with a plan that will work. Clay/Leroux moved to approve the Preliminary Planned Unit Development for O'Dowd Lake Estates and Golf Club, subject to the it conditions as outlined in the Planning Commission minutes of April 16, 1987. Discussion ensued on the long cul-de-sac and the temporary emergency trail being able to meet the requirement. Mayor Reinke said he feels it should be a city street and not an emergency trail for school buses and fire and public works vehicles. Gary Laurent said the people in the neighborhood are very strongly opposed to have the cul-de-sac a thru street. Leroux/Vierling moved to amend number 4 of the conditions to "Approval from the DNR on the use of the protected wetlands and O'Dowd Lake should be submitted prior to the final plan approval" and amend number 12A to "installation of a water system as approved by Shakopee Public Utilities Commission" . Motion carried unanimously. Leroux/Vierling moved that number 8 of the conditions be revised to reflect that we will not accept the 2400 foot cul-de-sac and will not accept anything over cul-de-sac length as stated in the city ordinances and that the road on the southerly portion of the planned unit development must connect through. Motion carried with Cncl. Clay opposed. Main motion carried as amended with Cncl. Wampach opposed. Leroux/Clay moved to authorized the police department to purchase three propane conversion units to include installation at a cost of $3 ,270.00 from Propane Carburation. (approved under consent items) Clay/Leroux moved for a 5 minute recess. Motion carried unanimously. . . 7 City Council April 21, 1987 Page -5- Leroux/Clay moved to reconvene at 11:20 p.m. with Cncl. Wampach absent. Motion carried unanimously. Lebens/Vierling moved to approve the application and grant an on- sale 3.2 beer license to the Shakopee Jaycees at Tahpah Park for May 2nd and May 3rd, 1987. Motion carried unanimously. Leroux/Wampach moved to approve the bills in the amount of $313,960.32 including $51.84 for Ken Hanel on page 9. Roll Call: Ayes: Unanimous Noes: None Motion carried. Cncl. Wampach took his place. Leroux/Clay moved to direct the appropriate City officials to enter into a lease with the Shakopee Chamber of Commerce for 50 years for the purpose of locating a Chamber office and tourism information center on certain property within Memorial Park for $1.00 per year, as drafted and corrected. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Lebens moved to direct the appropriate City officials to continue to work with Scott County and the major recreational attractions, on creating a separate non-profit corporation to employ licensed police officers to handle traffic and on-site operations for major attractions in Shakopee and return with a final form. Motion carried unanimously. Leroux/Clay moved to approve the transfer of $9,339.84 from the K-Mart Capital Project Fund to the Track Capital Project Fund, $19,115.13 from the Track Offsite Debt Service Fund to the 1986A TIF Refunding Debt Service Fund, $21,531.89 from the 1974 Improvement Fund to the 1986A-81 Refunding Fund and $133,014.64 from the 1974 Improvement Fund to the Capital Improvement Fund, in order to close out old funds that are no longer needed. (approved under consent business) Commissioner Mertz explained that the County Board is asking for help from the tax on tickets. He said they would like to relieve the Scott County tax payers on a part of what they are paying. Cncl. Leroux said the County wants to spend the money on county roads and bridges, on routes that directly or indirectly carry traffic from the major amusement facilities in Scott County. Walt Wittmer said Valleyfair's position is that they feel Scott County does need help with the road systems. He said they have to get a broader base to spread the tax over, not just the amusement attractions by imposing an admissions tax. Leroux/Wampach moved to take a position at the legislature stating that we agree with the County as to the need of a City Council April 21, 1987 Page -6- financial tool to improve the roads in northern Scott County but that we feel that it should be worked out over a longer period of time for the next session so that we can better support and get a broader base for the funding. Motion carried unanimously. Clay/Leroux moved to approve retaining Patchin & Associates, Inc. for appraisal work required on the Upper Valley Drainage Project 1987-5. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling offered Resolution No. 2715, A Resolution Receiving a Report and Calling a Hearing on Improvement Killarney Hills Street Improvements Project No. 1987-6, and calling for a public hearing on May 12, 1987, at 7:00 p.m. Motion carried unanimously. Vierling/Lebens offered Resolution No. 2716, A Resolution Receiving a Report and Calling a Hearing on Market Street Improvements from 2nd Avenue to 4th Avenue, project No. 1987-7and moved its adoption, public hearing to be held May 12, 1987, at 7:00 p.m. Motion carried unanimously. Leroux/Clay moved to contact our State Legislators expressing our opposition to the expansion of wine sales to grocery stores. (Approved under consent business) Leroux/Clay moved to write a letter to U.S. Senator and Representative telling them the value of Land and Water Conservation Funding in meeting future recreational needs, and let them know of our support for outdoor funding. (Approved under consent business) Leroux/Clay moved to write a letter to Representative William Frenzel, opposing the expansion of medicare requirements to all city employees who are not yet subject to medicare taxes. (Approved under consent business) Leroux/Clay offered Resolution No. 2719, A Resolution Requesting Scott County to Request the Minnesota Department of Transportation to Conduct a Speed Study and Determine Safe Speed Limits on County State Aid Highway 17 between T.H. 101 and 10th Avenue, and moved its adoption. (Approved under consent business) Leroux/Clay moved to offer Resolution No. 2711, A Resolution Authorizing the Disposal of Unclaimed and Surplus Property, and moved its adoption. (Motion approved under consent business) Leroux/Lebens moved to adjourn to Tuesday, April 28, 1987 at 6:30 p.m. Motion carried unanimously. Meeting adjourned at 12:30 a.m. Carol L. Schultz Judith S. Cox Recording Secretary City Clerk 7 PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 28, 1987 Council met with City department heads at 6:30 p.m. Present were Mayor Reinke, Cncl. Vierling, Clay and Wampach. Cncl. Leroux was at the legislature and arrived around 8:00 p.m. Cncl. Lebens was absent. Also present were John K. Anderson, City Administrator; Ken Ashfeld, City Engineer; Tom Brownell, Chief of Police; Julius A. Coller II, City Attorney; Judith S. Cox, City Clerk; LeRoy Houser, Building Official; Jim Karkanen, Public Works Superintendent; Dennis Kraft, Community Development Director; and Gregg Voxland, Finance Director. The City's 1987 strategic planning worksession continued with Councilmembers and City staff participating. Cncl. Leroux reported on the days activities at the legislature regarding the proposed legislation on imposing an admissions tax on amusement facilities within Scott County. Discussion followed. Vierling/Clay moved to adjourn at 9:58 p.m. Motion carried unanimously. Judith S. Cox City Clerk Recording Secretary 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education Memo To: John Anderson, City Administrator From George F. Muenchow, Dir. Shakopee Community Recreation Subject: Flag Pole Donation Date April 29, 1987 Thanks to the combined efforts of Shakopee American Legion Post #2, V.F.W. Post #4046, Knights of Columbus Council #1685, and St. Mary's Cemetery Association a beautiful re—conditioned Flag Pole has been installed at Tahpah Park and now is ready for appropriate usage. A new flag has also been included with this generous gift. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 LeFevere Lefler Kennedy RECEIVE O'Brien& APR Z 9 j Dra%7 d P-icwi.m� CIN OF SHAKOPFF — . 2000 Find Bank Place West April 24, 1987 Minneapolis Minnesota 55402 Telephone 181213330543 Telecopler(612)3334 To: SRA Member City Managers Clayton L.LeFevere Herber P. Lefler Re: Suburban Rate Authority-Metropolitan Area Telephone J. Dennis O'Brien Rate Design John E.Drawn Dowd J. Kermedy John S. Dean Dear City Managers: Glenn E. Purdue Richard J.Schieffer The Minnesota Public Utilities Commission recently Charles L. LeFevere Heinen P. Lefler 111 ordered that a contested case proceeding be initiated James J.Thomson,Jr. addressing issues of importance to SRA members regarding ThomasR.Gar Doyle Nolen Y P P the Twin Cit metropolitan area telephone rate structure Brian F.Rice and the possible expansion of its local calling area. John G. Kressel You should have already received a notice of this pro- LorraineJameM.stro g ceedin from Northwestern Bell. The notice was sent b James M.Slrommen g Y Ronald H.Bavy Bell in a letter dated April 17, 1987. We have apprised William P.Jordan the SRA Board of Directors of this proceeding and the Kun J. Enckson Board has authorized the SRA to intervene. William R.Skellerud Rodney D.Anderson Corrine A. Heise Some of the issues of particular interest to SRA members David D. Beaudoin are: Paul E. Rasmussen Steven M.Tellen 1. Whether the present metropolitan calling area should be expanded. (Petitions from Zimmerman, Prescott, Waconia, Belle Plaine, North Branch, Lindstrom, New Prague, Cambridge, Hudson and Houlton have been received by the Commission) . 2. Whether the metropolitan Tier System of local tele- phone rates adequately serves the needs of the area. 3. Whether there are natural communities of interest within the metro area. These and other issues will be addressed by the Commis- sion over a period of at least several months, if not years. A Commission order in this case will affect the long term telephone rates charged all residents and businesses in your city. Your opinions on these issues, (particularly on number 1) are necessary for the SRA Board to formulate is posi- SRA Member City Managers April 27, 1987 Page 2 tions. A map of the local calling area, which is perhaps the largest in the country, is enclosed. Expansion of the local calling area would result in additional expense to all Twin City ratepayers. In the past, SRA has advocated a flat rate so that all who share equally in telephone access would do so at the same price, at least until convincing cost information for another rate design is developed. Because this proceeding is in its preliminary stages, we are still in the process of identifying issues and evaluating the ramifications of positions that the SRA could take on each. We will be asking for your opinion and insight regarding the telephone rate structure and calling area of the Twin City Metropolitan Area. No canvassing mechanism has been settled upon at this time. This proceeding represents an important opportunity for the SRA to influence far-reaching policy decisions made by the Commission on telephone rate design. Should you have any questions regarding this matter, please do not hesitate to contact James Strommen or me. Very truly yours, LeFEVERE, LEFLER, KENNEDY, ON AND Glenn E. Purdue, Counsel to the SRA Enclosures cc: SRA Directors 4/0060ltO1 .h37 Northwestern Bell EXHIBIT A letrapolitan Calling Area a C0.mbridgC. fl0r+4% SMALL C A ppp B I Zimmerman rc..,l c t'[- o II cKi5Qgo B 4.u.0 a. pwf Noo[R..0 F a V rp[fi lLLf 3 FI n.cX.n ss.Yo.auRYrc wpY eo., � Retells "�� n � Y nuf Yxrt f luYwfR YR K osuo 1"f [Y YR nllY.Tfll RD spD as L RYYn reRYNRop rRo` cur ,SfJOsepLlj cmm M YYR[f L4� °' nY. NRwo �'� NRRAI.v N M1r].L IM pLM1RD IFYX D 11X AWr .' 0 R YiM .1GX Ya„lo Y Hodson, WR[vppp Pn • Null. nu a.rX fY{R YMRfT ✓WM NarRuus ki O f¢flsgR �rX nu x:r wcrwu rRYYrt nul.rt w.Y cep n. conYGf WQLOR14 swl. uawrp RYR. cRwG j LXYs.. .YRY[.n[,� .... ` Pres Coit .✓Lf U [p yyLll Y.[cYD1M MYM YM V-- luf IY[1NIDN W O yX X `8¢Ils P! uR..GroY QinG! _ ar a+srcu - Z BM108,M5 YC➢/plpen.NC N4:w Pfnyvt� arowo�Dc+nw,ye —� �--� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6c- association of BULLETIN metropolitan municipalities RECEIVED APR ?9 1987 April 27, 1987 CITY OF SHAhCPEE i TO: AMM Member Cities FROM: Vern Peterso)(! Executive Director Roger Peters ap Director of Legislative Affairs Re: LEGISLATIVE REPORT OF CRITICAL ITEMS 1 . FISCAL DISPARTIY UPDATE The AMM Fiscal Disparity bill (HF 1125/SF 1134) has not had any further hearings since passing out of House Metropolitan Affairs Property Tax Subcommittee several weeks ago. The full committee chair, Rep. Tom Osthoff, St. Paul has been trying various ideas to moderate the loss from current law to AMM position for his city. At this time the form of that relief is unknown, however, we understand that he will attempt to schedule- a hearing this week. The Senate author has been waiting for the policy bill deadlines to pass (April 28 is the final policy bill hearing data cutoff) before scheduling a Tax Committee hearing on the AMM bill. There has, also, been some hesitancy on the part of the Senate to hear the bill until the House has acted more affirmatively. We should know within the week where we stand or if we stand at all in either house. If the bill does not progress this session, there will be an interim study by the legislature for 1988 consideration. 2. TAX BILL PROPOSAL The initial 'shot' fired by the House Tax Committee in the House version of the Omnibus Tax Bill held LGA level for 1988 but allowed a 3% levy increase for 1988 only on that amount levied in 1987. This was amended in committee to exclude bonded debt and pension. If adopted this severe limit would have excluded the LGA distribution from increase and excluded both loss of Federal Revenue Sharing and city growth from additional levy. Also, included was a 6% sales tax on city commodity spending including legal services which in most cases exceeded the amount that could be derived from the 3% levy increase. -1- 183 university avenue east,st. paul, minnesota 55101 (612) 227-5600 i After heavy lobbying by the various city representatives significant changes were made. However, as the old saying goes ' there's good news and bad news: ' BAD NEWS. The tax bill going to the House floor (HF 529) includes a 1 .6% out in 1987 LGA that cannot be recovered through levy. 1988 LGA is out an additional 1 .6% but the total 3.2 percent cut is recoverable through property tax at the option of the city. The 1988 homestead credit payments to all local units is frozen at the 1987 level and cannot be recovered by direct levy. Homeowners will receive the credit but local payments will not be made in full if they exceed 1987. This amounts to an estimated $10 million spread among the three entities, cities, counties, and schools. GOOD NEWS? The 6% sales tax on local government expenditures and legal services has been eliminated from the House Bill. The strict 3% limit has been replaced by the current levy limit law at 3%• This does allow base increases for loss of Revenue Sharing and growth and maintains special levies outside the limit. The 3% is less than current law levy by about 2 to 4 tenths of a percent. It also applies to all cities not just those over 5,000 population. Lobbying to reduce or eliminate 1987 LGA losses will continue as will effforts to modify the 1988 homestead credit reduction. The suggested strategy is to push all cuts to 1988 in such a way as to permit cities to make up the loss through property tax levy. The Senate bill is being constructed this week. At this time it appears it will contain the 6% sales tax extension to local units of government, possible cuts in local aids and the strict 3% levy limit on 1987 levy only. There is a great deal of pressure being put on Legislators by various business groups to reduce or out State Income and Sales Tax rates. Any further reductions would likely increase the pressure for additional cuts in LGA and Homesated Credit payments to local units of government. IS WE WOULD URGE YOU TO CONTACT YOUR LEGISLATORS (BOTH r'C' tlw REPRESENTATIVES AND SENATORS) TO LET THEM KNOW YOUR FEELINGS 1� ABOUT THE IMPACT THESE CUTS AND REDUCTIONS WOULD HAVE ON YOUR CITY FINANCES AND SERVICES. IT IS IMPORTANT THAT THE LEGISLATORS HEAR FROM CITY OFFICIALS AND NOT JUST FROM THOSE INTERESTS WHO ARE ADVOCATING ADDITIONAL CUTS IN LOCAL AIDS. -2- 3. TRANSIT - TRANSPORTATION FUNDING It appears virtually certain at this point in time, that the MVET Funds will be retained in the State's General Fund as recommended by Governor Perpich. Neither the Governor nor MNDOT has come forward with an alternative funding proposal, as yet, and the outlook for adequate funding for transit - transportation needs is bleak. Consequently, many needed highway projects will not be funded and MNDOT and the counties may use "cost avoidance" techniques such as not maintaining frontage roads or providing maintenance for state or county highways which are also city streets. This may force cities as a practical matter to provide these services at city cost. Several bills have been introduced (SF 1373, SF 1503, HF 1554, HF 1555) which in combination would increase the gasoline tax by 4 cents, add a 6% sales tax on petroleum products at the wholesale level, increase the vehicle license tax and double all driver related permits and licenses fees, etc. but no bills have passed out of committee as of this date. The AMM Transportation Committee met on April 22nd, to review and assess the before listed bills and while the committee is not endorsing a specific bill; it reaffirmes its strong support for adequate funding for transit and transportation needs. THE COMMITTEE ASKS THAT YOU ALSO MAKE YOUR CONCERNS ABOUT ADEQUATE FUNDING FOR TRANSIT AND TRANSPORTATION PURPOSES KNOWN TO YOUR LEGISLATORS ASAP. 4. ANNUAL MEETING REMINDER - MAY 28 As noted in the AMM Bulletin of March 27th. , the AMM Annual Meeting will be held the evening of Thursday, Ma28 at the Robert Lee Restaurant in New Bri hto . We look for r this Eo be another in eves ing evening which will get underway about 5:30 P.M. with a Social Hour hosted by Miller Schroeder Financial, Inc. A meeting notice with all the specific details will be mailed in about 10E days but mark your calendar now if you have not already done so. DISTRIBUTION NOTE: This bulletin was mailed individually to member Mayors, Managers/Administrators, and Designated Delegates. Please distribute copies to others in your city as you deem appropriate. Should you have questions about these or other Legislative matters, please do not hesitate to call us at the office. (227-5600) . -3- � t �04Metropolitan��il 300 Metro Square Building IWIIIIII a Seventh and Robert Streets RECEIVED .� St. Paul, Minnesota 55101 Telephone (612) 291-6359 AMN L i CITY OF SHAKOPEE April 10, 1967 TO: LOCAL OFFICIALS IN METROPOLITAN COUNCIL DISTRICT 14 The Metropolitan Council would like your help. We'd like to invite your organization to participate in the Council's current strategic planning process, an effort to develop a broadly shared vision for the future of the Twin Cities Region. We intend to open a dialogue that will bring together the ideas of many citizens of the region, including local governments, business, labor, nonprofit organizations, civic groups and groups with special needs. The enclosed invitation explains our aims and lists a number of potential, long- range concerns for the region the Council has identified. We hope you'll take the time to give us feedback on the list of concerns. We need to know whether you think these concerns are important future regional issues, whether our focus is sharp enough, and whether we may have missed some important areas altogether. To obtain your ideas, I am available to meet with you in April or May. Please call Guy Peterson of the Council staff, at 291-6527, to make arrangements. If you prefer, you can communicate with us by completing the enclosed short questionnaire and returning it to the Council in the postage-paid envelope that is also enclosed. Sincerely, � � �n Marcy J. War tz Council Member District 14 Enclosures An Equal OpW,W.ity Employer THE METROPOLITAN COUNCIL NEEDS YOUR IDEAS--PLEASE CONTACT US We would like to talk with a Council member about our ideas. We would like to present some ideas at a Council committee meeting. We would be interested in attending a meeting somewhere in our area to talk about these issues. We would like to be placed on your strategic planning mailing list. Name Phone Number -- Work Organization Home Address MN, We think the five most important issues facing the region are: 1) ?) 3) 4) 5) WB073A, PROM Metropolitan Council of the Twin Cities Area p 300 Metro Square gilding, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359/TDD 291-0904 March 27, 1987 TO- Metropolitan Area Local Officials and Citizens FROM: Steve Keefe, Metropolitan Council Chair SUBJECT: An Invitation to Participate in Planning for the Region's Future Decisions about our physical systems and human services are being made right now that will shape the region we live in by the year 2000 and beyond. When we make these decisions--about water quality, transit, long-term care, housing--we are affecting our future. Solving today's problems requires that we have a better idea of where we're going in order to know what we should do now. As a result, the Metropolitan Council has stepped up its strategic planning work this year. Our aim is to develop, with your help, a broadly shared vision of the region's future, and to use it as a framework for making today's decisions without precluding our future options. This "vision" doesn't mean a planned city of the future or anything like that. It's not to plan how people will live their lives, but to keep our options open and be prepared for different contingencies. This approach has kept us strong and versatile in the past. To work, a regional vision must be shared broadly. It must reflect what many different segments of our population want. If our aim is to ensure that the government services people want are there in the next 20 to 30 years, we need to know now what kinds of lives we'll want to be living then. An important part of the Council's work over the next few years will be to work with others in the region to discover and present various possibilities and options. What kinds of jobs will be needed? What kinds of lifestyles will people want? What kind of education? We plan to work with many citizens of the region, including local governments, business, labor, nonprofit organizations, civic groups and groups with special needs. As we develop a shared concept of just what it is that people want for the region, we can make decisions aimed at creating it. At a strategic planning retreat earlier this month, the Council raised a number of potential long-range concerns for the region. The list is broad, covering everything from our prized quality of life--especially as it affects the region's human resources--to financial resources for the infrastructure, to preparing for another energy crisis. We hope you and your organization will take time to give the Council feedback on this initial list of concerns identified at the retreat (which are not in any special order): -2- 1. Quality of life, especially as it affects the region's human resources. Seen as one of the region's greatest assets now and into the future. Possible areas of focus: - Health services. - Services to older people. - Arts offerings, services and programs. - Effective delivery of human services, including less fragmentation among services, clearer access points, and coordination with physical systems; e.g. , low-income housing and transportation. - Increased family expectations for schools and pressure for schools to assume new roles. 2. Vitality of the regional economy. Possible areas of focus: - Implications of service sector-oriented economy. - Productivity issues, especially in view of demographic trends. - Coping with global economic competition. - Anticipating the impacts of technology. 3• A more systematic, long-range look into social ills. Passible areas of focus: - Analysis of the cost effectiveness of various integrating strategies for dealing with social ills considering the effects of all government systems from education and training to income maintenance to health care to economic development. - Approaches to cost control based on problem prevention. Y. Fiscal planning to pay for long-term infrastructure before baby boomers reach retirement age. Possible areas of focus: - Financial resources for infrastructure may be more available during next 20 years than after 2010. - Need to promote maintenance vs. expansion given likely slowdown in regional development. - Helping communities plan more integrated, long-range strategies to address infrastructu� issues. 5. Water management (ground and surface water). Possible areas of focus: - Nonpoint sources of pollution (e.g.$ urban runoff, agricultural runoff): how much is the public willing to pay? - Impact on the Twin Cities of potential water shortages in the southwest. - Issues associated with federal water quality permits and possible impacts on development. -3- Groundwater pollution from solid waste disposal, including impacts beyond the metro area. - Jurisdictional issues among public agencies in water management. Effect of cultural values in the way different age groups use water (e.g., for lawns, showers). 6. Affordable housing. Possible areas of focus: - Evaluate what works and what doesn't (e.g., Section 8 subsidized housing voucher program). - Monitoring of housing programs, such as private sector compliance with federal requirements for tenants with lower incomes. - Affordability for "working poor" with incomes dust above subsidy levels. - Changing housing demand and market conditions related to demographics and other factors. 7. Long-term care costs for the baby-boom population. Possible areas of focus: - Fiscal planning, given future large elderly population. - New strategies to reduce future demands on long-term care system. 8. Transportation. Possible areas of focus: - Attitudes regarding tolerable levels of congestion and the costs to reduce that congestion. - What are the real development and life style goals the transportation system must achieve? - What impact congestion has on the achieving of those goals. - Impact in the Twin Cities of increased energy costs in event of a shortage. - Importance of international travel via the airport. - Alternative technology solutions to transportation issues; e.g., substituting telecommunications for transportation. 9. Coming energy crisis. Possible areas of focus: ' - Anticipating when and how large an energy crisis the region may face. Contingency planning, especially related to regional systems. - Impacts on development; i.e., current development decisions do not include consideration for a potential energy shortage. - Impacts on suburbs. 10. Job retraining. Possible areas of focus: - What works/what doesn't. - Who's providing retraining in public and private sectors, and how much of need is being met? Coordination? Overlap? -4- Special issues related to disadvantaged populations. - Concept of investment in human capital. What will the need be over the next 20 years? 11. Disintegration of communities. Possible areas of focus: - Who is moving in and out of the cities, and how are the moves related to changes in household formation? - Impacts of transiency and the resulting breakdown of informal support systems for elderly, children. Possible demands for increased formal services to compensate. - Impacts of magnet schools and busing. - Growing scarcity of volunteers due to transiency, two-worker families, single-parent families. - When will central city problems show up in first-ring suburbs? 12. Segregation of people in communities. Possible areas of focus: - Elderly housing. - Concentration of minorities in certain neighborhoods. - Concentration of low-income populations. 13• Strategic planning. Possible areas of focus: - Long-term viability of the region. - Value differences among generations and their impacts on people's attitudes and behaviors; e.g. , different demands for services. - Urban design issues; e.g., planning for reuse of buildings, designing facilities for an older population (especially in inner-ring suburbs), designing transportation as well as buildings for extreme climate, changes in development patterns to reflect different economic/energy conditions. - Anticipating technological change and its impacts, such as new telecommunications technology. Other items discussed at the retreat and possibly related to one or more of the above concerns include: - Heroic medical care. - - AIDS. - Twin Cities issues in relation to the rural crisis. - Creating/maintaining a stable tax base. - Governmental financing incentives and disincentives to solve public policy problems. - Concerns about solid waste policy direction given undeveloped parts of system such as recycling and composting. DC2392 POADMI Action Alert from t�e 183 University Ave. E., St. Paul, MN 55101-2 52 6 (612) 227-5600 DATE: May 4, 1987 T0: Mayors, Managers, Clerks FROM: Stan C. Peskar (=3r SUBJECT: Pre 73 Retirees Assessment Call your representative and senator to object to any employing unit assessment to fund the lump sum payments to PERA members who retired prior to 1973 (the year of change to the high five). Each year for the last ten these retirees with generally lower benefits have received a 13th check funded by a state general fund appropriation. Last year the 13th check was $19 multiplied by years of service. This year the proposal is $25 per year of service. The governor's budget contained six million dollars from the general fund to pay a $25/year benefit to pre 73 teachers and members of the Minneapolis Employees Retirement fund. The governor recommended taking the necessary funds for other local and state pre 73ers from the better funded PERA and MSRS active fund. The Legislative Commission on Pensions and Retirement rejected that approach as unfair and damaging to the funds and likely to cause anxiety among retirees and public employees as to the safety of their funds. The House State Departments division of the appropriations committee being - desperate to come up with funding for programs to which the house has committed, has revived the governor's proposal with a bizarre twist. It has adopted language authorizing the PERA Board to impose an employer additional contribution of up to .155 of salary of PERA general fund members and .06% of salary applied to payroll of police and fire fund members. A similar employer change is authorized in the state retirement plan. The legislation again penalizes those funds which were most prudent and conservative in their expenditures, benefits and funding. It mandates increased city expenditures (just under 1 million dollars per year) and is likely to continue this annual cost for the forseeable future, for a program that buys no local services and the size of which is entirely determined by the legislature and governor. Z7, MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Valleyfair Appeal for Sign Variance DATE: May 1, 1987 introduction• At their March 26, 1987 meeting the Board of Adjustment and Appeals denied a variance to allow Valleyfair to construct a sign 312.5 square feet larger than the 100 square feet allowed by City Code in an I-2 zone. Backaround• The attached information provides a background for the appeal. Included are: 1. Staff report to BAA 2. Letter of Appeal 3. Minutes of the March 26, 1987 Meeting 4. Drawing of sign and location map. 1 5. Letters from Dorsey & Whitney, and Krass & Monroe Action Reouested: Offer Variance Resolution of the City Council No. CC-484 and. move for approval or denial.. MEMO TO: Board of Adjustments and Appeals FROM: Douglas K. Wise, City Planner RE: Valley fair Sign Variance Request DATE: March 20, 1987 Introduction• Additional right-of-way along Highway #101 is being acquired by the City for the purpose of installing a frontage road adjacent to Valleyfair. The acquisition will require Valleyfair to either relocate their present sign or construct a new sign further back from the road. Valleyfair is located in an I-2 Zone. Valleyfair is requesting a variance to allow construction of a 412. 5 square foot free standing sign. The code allows a maximum of 100 square feet of signage. Considerations: 1. Valleyfair has also requested a message board for the sign, the staff felt that because message boards are not allowed in an I-2 zone, this would be defined as a use variance which is not allowed by State Law. 2. The moving or constructing of a new sign is a circumstance beyond the control of the applicant, the size of the new sign is not. 3. A 100 square foot sign would be small compared to the scale of the development. 4. The present marque could be interpreted as being either larger or smaller than the proposed sign depending on whether the entire marque is treated as a sign or only the wording on the sign. Staff Recommendation: This was a very difficult recommendation for staff to make. The staff does feel that a 100 square foot sign is to small for Valleyfair. However, in evaluating the variance request against the criteria for granting variances listed in the code we must recommend against granting the variance (Resolution #484) for the following reasons: 1. Circumstances beyond the applicants control do not force them to construct a sign larger than 100 square feet. 2. Other Businesses in the I-2 zone have complied with the 100 square foot maximum and granting a variance could "confer on the applicant a- special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district." - 9 a- The staff feels that Valleyfair should be entitled to a larger sign, however, we feel that the proper course of action , should be a change in the ordinance not the granting of variances. We are in the process of preparing some suggested changes , which will be presented to the Planning commission at their May meeting. Unless other evidence is presented to the Board by the applicant or citizens attending the public hearing, we feel the only reason justifying a variance would be that a 100 square foot sign would be difficult to see and result in a potential traffic safety problem on Highway #101. If the Board decides not to accept the staff recommendation the Board must address criteria 45 which reads: "The variance requested is the minimum variance which would alleviate the hardship". PRO-=IA-.S OF TILT' BOARD OF ADJBSTMMTS AND APPEA:S Regular Session Shakopee, Minnesota March 26, 1987 Chairwoma5 VanMaldeghem called the meeting toorder at 7:30 p.m. with Comm. Rockne, Foudray, Czaja, and Pomerenke present, Comm, Schmitt - arrived at 7:45 p.m. Coma. Johnson was absent. Also present were John R. Anderson, City Administrator; Douglas Wise, City Planner; and COOL Clay. _ PUBLIC FEARING: Variance Resolution AIB4, Valleyfair. Foudray/ Pomerenke moved to open the public hearing to consider a request for a variance to increase the allowable signage of 100 square feet for a free-standing sign in an I-2 zoning district by 312.5 square feet, in order to replace the existing marquee with a new sign upon the property located at One Valleyfair Drive. Motion carried unanimously. The City Planner reviewed the request from Valleyfair to construct a 412,5 square foot free standing sign. The code allows a ma:;..... of 100 square - feet of signage. Tne applicant is requesting a variance on the grounds that a 100 square foot sign would be small compared to the scale of the development, the moving or constructing- of anew sign is a circumstance beyond the control of the applicant since the marquee was condemned. - Walt Witmer, Vice president and General Manager of Valleyfair said that the hardship was created by the City for condemning their present sign, - Discussion ensued on whether or not a variance request if feasible or if staff should look at the possibility of changing the ordinance. Comm. Czaja asked if there was a possibility to utilize the natural surroundings of the area to make the sign more attractive. Tae question arose as to the feasibility of moving the present marquee a little to the west. The applicant said that it would then be located on property owned by the highway departzment. COOL Clay said that compared to the road frontage of the Valleyfair property the square footage of this sign proposed is not.to significant. Te.-=y Forbord, 2103 Bridge Crossing, said he feels the current sign ordinance is not pro-business in the City, and compared to the size of Valleyfaix the proposed sign is not too large and that the variance should be granted. Chairwoman VanMaldeghem asked if there was anyone else from the audience who wished to address this issue. There was nonresponse. Czaja/Poudray moved to close the public hearing. Motion carried unanimously. Comm, Czaia moved to deny Resolution Aso, Motion died because of lack Of second. BAA March 26, 1987 / Ltd Page _2_ / Comm. Pnmerenke said that he would like to see some alternatives, such as construction of a temporary sign until the construction of the service road is completed. Barry Stock asked if the service mad project could be delayed for three moaths to give the City time to change the ordinance. The City Administrator stated that the cost of a temporary sign and/or moving of the present marquee could be fairly expensive and may not be the answer. - lhnudray/Pomerenke moved to grant Variance Resolution Ro. 484, on a temporary basis for the 1987 season subject to review immediately after- wards and subject to any changes that might be made in revision of our sign ordinance. Chairwoman VanMaldeghem said that conditions cannot be put on a variance and motion is ruled out of order. Czaja/Fbudray moved to grant Variance Resolution No. 484, to grant . Valleyfair the sign variance of 312 square feet for their sign. Concema were expressed on setting a precedent to the present sign ordinance. .. Motion fails with Comm. Czaja, Rockne„ Pomerenke, and VanMaldeghem opposed. - - - - - Rockne/Pomerenke moved that if the applicant should elect to build --- a temporary sign, that the building permi.t.`ee for such a temporary sign be waived. Motion carried with Comm. Czaja opposed- - Czaja/Rockne moved to accept the Annual Report with addition of Commissioners names and titles be included. Motion carried unanimously. Rockne/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:30 p.m. Douglas Wise City Planner Carol L. Schultz Recording Secretary „o y l.M:s .Cad ✓+'+,:_-`•^.. -^'c T- _ — .r I l) Ilk � ; ILI � 1�" i t - � I � Ul�L� � �Y ���� w �� �� i I .ywy �w %i �L_ q 4Vr/� I �� 'mob :/ I C ��y /O� i i � � I I '�4w� I o� I _ i M +� e� JP v. i Family Amusement Paak One Valleyfair Drive,Shakopee,MN 55379 (612)445-7600 April 1, 1987 The City of Shakopee Attention: John Anderson, City Administrator 129 First Avenue East Shakopee, Minnesota 55379 Re: Valleyfair Sign Ordinance Variance Gentlemen: On Thursday, March 26, 1987, the Shakopee Board of Adjustmentdenied Valleyfai.r's request for a variance to the Shakopee Sign Ordinance. Pursuant to Section 11.04 Subdivision 5B.3. of the Shakopee Zoning Ordinance, the undersigned hereby formally appeals such decision of the Board of Adjustment to the City Council . Will you please schedule a public hearing at the next available date so that this matter can be heard by the City Council . Sily, Walter R. Wittmer Vice President/General Manager WRW:dw DORs£Y & WHITNEY 2200 PIRST a XK PLACE EAST seat wT�vL MINTW£ POLIS, MIAT'ESOTA 55402 , n nrrzesvrz tensa _ xe.mnz��l�.eeooa � (6l2)04D-2600 On ne oNet eeNa aminrv0 TLLLC �'-O60a auvNozo xortww'�awm o.mx W rLvcovTAA Is1Y I3°o-ease 1°aela¢-YeoY eOCaHETLe.MMN[H04 deem - ar0 lemiwads a TA s�rnm�'ome a arx czNT... urL Tw.ca o e°.w sTYve[i�xnaezme mlw G. LARRY GRIPPITB, P. A. IaL^ieef-ewT ¢f uTl LTRCY 1612)340-2747 nl O� O �1 e°e 1)0.606 vwTLTe.llR%Circa ealW IBN IaT>-oiYu e. aaT. o April 7, 1987 w w6 Yaaa Ye lulu-ea-He-eO City Council Q 9pR��Fij� O The City of Shakopee F Attention: John Anderson, City Administrator B 129 First Avenue East Shakopee, Minnesota 55379 ryf Re: Application of Valleyfair for OAS Variance to City Sign Ordinance F Gentlemen: On March 26, Valleyfair, through its General Manager Walt Wittmer, appeared before the Board of Adjustment to request a variance from the City' s Sign Ordinance so that Valleyfair could build a sian to replace the marauee which is being destroyed in connection with the reconstruction of the entryway and related condemnation vroceedina. The Board of Adjustment denied the variance request primarily, if not exclusively, because it was worried that by granting the variance to Vallevfair it would create a precedent which might enable other subsequent applicants to obtain a variance even though the same or other legitimate bases for hardship were not present. Valleyfair has appealed the decision of the Board of Adjustment, and the matter will be heard by the City Council on April 21, 1967 . It is likely that the members of the City Council may have the same. or similar precedent concerns as the members of the Board of Adjustment. It is clear under the present set of facts and the - law surrounding variances and the proof of hardship, that approval of Vallevfair' s reauest would not in anyway establish preceaent which would be either legally enforceable or psychologically significant. Do85EY & W$ITWEY City Council-Shakopee Page 2 4/7/67 As you know, I am the attorney for Valleyfair, and consequently, my opinion does not have the same credibility as that of the counsel for the City. I would appreciate it if in anticipation of the oncoming meeting you would ask Mr. Rod Krass, who is involved in the Valleyfair proceedings to date, if he would issue his opinion on the question of whether or not granting the variance to Valleyfair would establish a precedent as to subsequent variance requests. Thank you for your consideration of this matter. Ve�/yI /t�7Muly yours q A. G. Larry if. GLG:kh cc: Walter R. Wittmer Phillip R. Krass i RECEII'Ep LAW OMCFS APR 16 1987 G/ KRASS MO CITY OF SyAKOpEE CHARTERED Phillip R. Krays Dense:L. Monroe Barry K.Meyer Manorial Road Bairns s Center Trevor R. Walden 327 Marscheil Read Elbabeth B.Mclsughlin P.O.Eva 216 Bryan Huber Susan L. Shak..Minnesota 55379 L.Estill Dyne M. Carlson - Telephone a455080 Kent A.Orison,CPA - April 15, 1987 City Council of Shakopee Attention: John Anderson 129 First Avenue East Shakopee, MN 55379 RE: Valley air Sign variance Our File No. 1-1373-184 Dear John and Council Members: . You asked that I issue an opinion regarding whether the City of Shakopee will be setting an unfavorable precedent should they grant Valleyfairrs request for a variance to the sign ordinance. In my opinion, granting such a variance will not, in fact, set an unfavorable precedent. The authority for a city council to grant a variance to an ordinance is found in Minn. Stat. 4462.357 Subd. 6. This ordinance states in pertinent part that a city council may hear requests for variances from the literal provisions of the ordinance in instances wbere the strict enforcement of that ordinance would cause undue hardship because of circumstances unions to the individual property under consideration, and to grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the ordinance. That Statute has defined undue hardship as that which means the property in question cannot be put to a reasonable use if used under conditions unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of locality. From the language of this Statute, it is apparent that the granting of a variance is done on a case-by-case basis, with the facts and circumstances of each situation dictating whether a variance should be given. The undue hardship demonstrated by the applicant for the variance must be unique to that property. Hedlund v. City of Maplewood 366 N.W.2d 624 (Minn. App. 1985). The provisions of the laws relating to variances are intended to deal with unique situations and are to be employed only under exceptional circumstances. McQuillan, . Municipal Corporations 3d, 425.160 (1983 d Supp). The burden of meeting the undue hardship criteria in the application for the variance is on the applicant. Inland Construction Company v. City of Bloomington 195 N.W.2d 558 (Minn. 1972). If the applicant meets pis or her burden, then the variance should be granted. City Council of Shakopee Attention: John Anderson Page -2- April 15, 1987 Thus, because of the language in the Statute indicating that the reasons for the variance must be unique to the property in question, because of the strict burden of proof placed upon the applicant that he or she will suffer undue hardship should the variance not be issued, and because each variance must be decided on a case-by-case basis, in my opinion, subsequent applicants will not be able to use the granting of the variance in the Valleyfair case as precedent for requiring the City Council to grant a variance in their own case. Subsequent land owners must show how their own specific piece of property will be uniquely harmed should a variance not be issued. Should the City decide to issue the variance, to further protect them- selves, the Council must set forth with great particularity the reasons for the granting of the variance. Generally, lack of the finding of facts and suf- ficient reasons for determining whether or not a variance should be issued will constitute a prima facie showing of arbitrariness. Rolasek v. Villiage of Medina 226 R.W.2d 900 (Minn. 1975). Again, findings showing how the reasons for granting a variance in this case will add to the uniqueness of the situation, and deter for future property owners from using the granting of this variance to their advantage. If you have any further questions, please contact my office. Very trours, ; S?�0r TSRED PRR:pw:jl MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Backstretch R.V. Park Appeal for Sign variance DATE: May 1, 1987 Introduction• At their April 9, 1987 meeting the Board of Adjustment and Appeals denied a variance to allow Backstretch R.V. Park to (1) exceed the height allowed by the sign ordinance by 201 , (2) allow two signs instead of one, and (3) allow the total signage to exceed the code requirements by 36 square feet. Background• The attached information provides a background for the appeal. Included are: 1. Staff reports to BAA from 2/27 & 4/2 2. Letter of appeal and attachments 3. Minutes from 3/5 & 4/9 meetings. Action Requested: Offer Variance Resolution of the City Council No. CC-481 and move for approval or denial. #y MEMO TO: Shakopee Planning Commission FROM: Douglas K. Wise, City Planner RE: Backstretch RV Park Variance Request DATE: February 27, 1987 APPLICABLE REGULATIONS: SEc. 4.30, Subd. 4, E. INTRODUCTION: Mr. Jack VanRemortel is constructing an RV park and campground on the east end of Shakopee adjacent to Highway #101 and 13th Avenue. Mr. vanRemortel is requesting the following variances from the sign ordinance: 1. To allow two signs instead of one. One sign would be on Highway #101, the second at the entrance to the park on 13th Avenue. 2. To allow the first sign (on Highway #101) to exceed the � . height limit by 20 feet. 3. To allow the second sign (on 13th Ave. ) to be within 5 feet of the street r-o-w instead of the required 10.' setback. 4. To allow the second sign (on 13th Ave. ) to be one foot off the ground instead of the required 5 ' . 5. To allow the total sign area to exceed the 75 square foot maximum by 36 square feet. The RV park is located in an I-1 Zone. CONSIDERATION: Traffic to the park will primarily be arriving on Highway #101 and will be required to exit on 13th Avenue to enter the park. The topography of the area changes with the park being at a lower elevation than Highway #101. Vegetation, screening and use of the park will make the entrance difficult to see from the highway. STAFF RECOMMENDATION. The staff recommends that the following variances be granted: 1. That Backstretch R.V. Park be allowed two signs instead of one. One to be located adjacent to Highway #101 and one to be located at the entrance to the park on 13th Avenue. 2. That the Highway #101 sign be allowed to exceed the height restriction by not more than 20 feet. 3. That the maximum signage area allowed be increased to 111 square feet. The staff recommends against granting variances for the setback and height of the sign on 13th Avenue. MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: Variance Request for Backstretch RV Park DATE: April 2, 1987 INTRODUCTION• At the March 3, 1987 Board of Adjustment and Appeals meeting the public hearing on the request of Jack VanRemortel for two separate signs and variances for height, setback and square footage of the signs was continued until the April 9th meeting. The unresolved issues included (1) whether the second sign could be considered a directional sign and (2) required setbacks for the second sign. (Please see 2/27/87 memo for further information) . BACKGROUND• After further review of the ordinance and discussion the staff has come to the following conclusions: 1. The sign ordinance does allow one identification sign and one directional sign. In order for the entrance sign to qualify as a directional sign it must meet the following definition: "A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions" . The code also states: "Directional signs shall bear no advertising and shall not exceed 4 square feet in area" . The entrance sign proposed by the applicant is 36 square feet. Directional signs are not considered part of the 75 square feet of signage allowed. 2. Free standing signs which are lower than 10 feet to the bottom of the sign must be set back 10 feet from the property line. The 5 foot minimum height is not required. The applicant has stated to staff verbally that they will comply with the 10 foot setback requirement. ALTERNATIVES• 1. The Board of Adjustment and Appeals can find that the entrance sign does qualify as a directional sign and therefore the following variances would be required: A. A variance allowing the Highway #101 sign to exceed the height allowed by the sign ordinance by 20 feet. B. A variance allowing the directional sign to exceed the allowed square footage by 32 square feet. 2. Determine that the entrance sign is not a directional sign, but an identification sign and grant the following variances: A. A variance allowing the Highway #101 sign to exceed the height allowed by the sign ordinance by 20 feet. B. Allow two signs instead of one. C. Allow the total signage to exceed the code requirements by 36 square feet. STAFF RECOMMENDATION: The staff recommends approval of variance Resolution #481 based on Alternative # 2 above. DRW:cah Attachment April 14 1987 - RECEIVED APR 15 Mr. John Anderson City Administrator CITY OF SHAKOPEE' City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Backstretch RV Park & Campground B&A Project 886-43 Mr. Anderson: On behalf of Jack Van Remortel of Backstretch RV Park and Campground, we wish to appeal to the Shakopee City Council the sign variance decision that was made by the Board of Appeals and Adjustments on April 9, 1987. We are seeking this variance from the sign ordinance because we believe that the topography and size (19.3 acres) of the project site cause an undue hardship. We are requesting the following: 1. Allow the major ID sign adiacent to Highway 101 to exceed the height limit by 20 feet. This sign is internally lit with a "No" Vacancy light. (See Attachment A. ) Traffic to the RV park will primarily be arriving on Highway 101 and will have to turn off of Highway 101 onto 13th Avenue to enter the park. The topography of the site is 20 feet below the level of the Highway (see Attachment B) . Quality signing from Highway 101 is critical to project site identification and can mitigate traffic problems by reducing excessive trips resulting from reduction of lost motorists and from motorists having to pull off of Highway 8101 to check on site availability. Recreational vehicles are large in size and slow to merge on and off a fast moving highway. From a safety standpoint, it is important that motorists can d clearly see the proposed sign and do not have to slow down on the highway to see if there is a "vacancy" or "no y vacancy" light on. k' The proposed sign will not be distractive to residents of the RV park since the sign is located in the NE corner of the property away from the RV park sites. d o i m � 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941-1660 Mr. John Anderson -2- April 14, 1987 2. Allow two signs instead of one for Backstretch RV Park and Campground. One would be located adjacent to Highway 101 and the second at the entrance to the park on 13th Avenue. As a result of having two signs, the maximum signage area allowed would need to be increased from 75 square feet to 111 square feet, a 36 square foot increase. An entrance sign is essential to identify the project site from 13th Avenue and to guide motorists to the entrance drive. Vegetation, screening, and topography of the park will make the entrance difficult to see from Highway #101. (See Attachment C.) The entrance sign is an attractive, low, sand-blasted wood sign similar to the one attached (Attachment D) . The sign will be located 10 feet back from the property line, and the weathered wood is designed to blend into the surrounding area and provide an attractive "front door" to the RV park. It is important to the success of this project as well as the safety of Shakopee RV visitors that the sign variance be granted. Thank you for your consideration. BRADER & ASSOCIATES LTD. O�[n[�, Behalf of Backstretch ��RV Park & Campground Diane J. Klausner Graduate Landscape Architect _ Z W ti a RV PARK ;& 0 p N .a CAMPGROUND iNO. VACANCY y7 n rN �.Firrr� F w, _..� — —e Ku klu.l "Flo" l�lllrfu cl.rnl� ✓K-t;wllLG .i/>r.-OF�JI:. WJ= ill t144rF X Fr-pliW � IJILIrI_IWll1. Gii'�N'rlicS L'K. I:ICI.IlY_ "'� � R41on-.Wlrtu}c?_rl/.iFl orflcl� �1 T' 1! : ljl F a.irr- - ul,o 1w,- Jrr 1=1:- i Lrygr Y _ _ 1 J }, ol0 4 q' :]tr� aJry�of-T ' I ' l ' � srno I'il ✓n IG. pVa. AJ'lWu. . C/. vw 19.1 Arlfs }J== r r ..^Oi I '. _ V130 Y. Leaf- %e% Lio �1 Els'.iaTiorJ a sr-..1 -_-- n ,. k,'!=0-o" --4 ATTACHMENT A W {� GWmlc ti`eK% }l_1[II +-/ ;[akli o• Rwi9pu 9 zR�i e'+ Thls drmW^sbMe PMM-*IYof �� 'ems n..:,csuni4r,wln o�,+,e,, '• , r < .., L"VIIICIIQIIIS�V 1:1 +=r a1G1 IVCC c, 312 Nks lake Street '� 4Nmin A�mal Pare Mil�pdiz MN SSd08 N Scare ��._, - trzaza�rzvl \` ® 4 1 T74 ^\1 �� \\� / / 1 7 ,37( 35, 4 41 - 1 . T t TTDTS % ;TT*. TT4 1 , I x I / Y 77 mp J 1\h A w X 3 �• � f.11 I 7 ?� ..�"i / I / ® A !® 131 'Yr'auer ssociates t nc. , TOPOGRAPHIC RELATIONBHIPI 1 1901 NN O O`v ,Etle RAirie,Mi .M 55344 BETWEEN HIGHWAY 101 6 SIGNAGE FOp' hal4leA`, RACKSTRFTCH RV PARK R CAMPfpoIING RAA ena-a� c I s' . -•,. fit . `- -- 3t3 = ff°` 3 33�•ae- EY � aBle? F i F ��I'ryI•Z - 1 v wm € p P � _•_ � I 'E'� /��� �/Pay E Poo l •I �� 6►F' (3�9 '�F R t 3nm II���: 6'a� �•9 ��x 0 0 m /r, a - _ • s• 4 - � • r . � . \ � 2 _ 2 « m ) @ � f : « $ . $ PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 5, 1987 Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Schmitt, Czaja, Rockne, Pomerenke, Johnson and Foudray present. Also present were Doug Wise, City Planner; Dennis Kraft, Executive Director; Barry Stock, Administrative Assistant; and John K. Anderson, City Administrator. The agenda was approved as written. Czaja/Rockne moved to approve the minutes of February 5, 1987. Motion carried unanimously. PUBLIC HEARING - Backstretch R.V. Park Czaja/Foudray moved to open the public hearing for a request for variances to allow the following: (1) two area identifications signs, (2) one sign to exceed the allowed height by 20 feet, (3) a second sign to be located within 5 feet of the front property line and (4) the second sign to be only 1 foot off the ground upon the property located at County Road 89 and 13th Avenue. Motion carried unanimously. The City Planner said that Mr. Jack VanRemortel is constructing on RV Park and campground on the east end of Shakopee adjacent to Highway 101 and 13th Avenue and is requesting a variance from the sign ordinance. It is located in an I-1, light industrial zone. The request is for a sign on the property adjacent to the highway righ-of-way which will be higher than the allowed 20 feet, the second sign will be located at the entrance on 13th Avenue and locate the sign closer to the right-of-way and lower than required by the sign ordinance. Diane Klossner, representing Mr. VanRemortel, asked for clarification on the ordinance stating that no free standing sign lower than 10 feet to the bottom of the sign shall be located within 10 feet of the lot line. The City Planner said the signage that is allowed by the ordinance is one sign 75 square feet. The City Planner said the signage that is allowed by the ordinance is one sign 75 sqare feet. The applicant has requested a second sign containing 36 square feet. Comm. Rockne said that it should be stated that neither sign should be more than 75 square feet. Comm. Schmitt said that the ordinance provides for directional signs, and that if the applicant can perform to dimensions for treating the second sign as a directional sign then the Commission will deal only with the heiFbth, depth and placement of the sign. Discussion ensued on whether of not a hardship has been proved. Comm. CzaJa said he does not believe a hardship exists_„ Chairwoman-VanMaldeghem- asked if there was anyone from the audience who wished to address this issue. There was no response. Foudray/Schmitt moved to close the public hearing. Motion carried unanimously i : s, 29x7 veri^i-a im chculo ve or, aieteer or n -;r?.,._-La ^s'L .. -_-- be Umi, r_=. . of !,a .'s__. c.. _i _-__ M=_s,L :-See_ o^^ t';, grcioc. .,_. -.. .. table .. carne.. 107 71anner Darel ' S&Vtz Reccra'-o �c s1etFTj' PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 9, 1987 Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Czaja, Pomerenke and Foudray present. Comm. Schmitt, Johnson and Rockne were absent. Also present were Douglas Wise, City Planner; Dennis Kraft, Community Development Director; and John K. Anderson, City Administrator. Czaja/Pomerenke moved to approve the agenda with a correction on Variance Resolution No. 481 not being a public hearing. Motion carried unanimously. Czaja/Foudray moved to approve the minutes of March 5, 1987, with correction of Dennis Kraft not present at the meeting. Motion carried unanimously. F City Planner reviewed the proposal o£ Jack VanRemortel,kstretch R.V. Park, requesting variances to allow two areantification signs, one sign to exceed the allowed height by 20t, and a second sign to be located within 5 feet of the front perty line and 1 foot off the ground upon the property located CR-89 and 13th Avenue. He reviewed the difference between directional sign and entrance sign. The entrance sign proposed exceeds 4 sq. feet. Comm. Czaja expressed concern over setting a precedent in allowing this variance. Comm. Pomerenke felt that a sign such as this should be visible from the road. Chairwoman VanMaldeghem suggested that the applicant construct a temporary sign until the amendments to the sign ordinance have been completed. The City Planner said that exceptional circumstances apply to the area, such as topography is unique in that the road is higher than the site and also the visibility of the entrance from the highway. The applicant said another reason for the sign was to have a vacancy, no vacancy on it so people did not have to turn off the highway to see if there was a vacancy. She also said she talked to the State about a sign and there will be a State sign put up on the intersection of County Road 89 and 101, a small sign saying campground. Foudray/Pomerenke moved to approve the Variance Resolution No. 481 based on determination that the entrance sign is not a directional sign, but an identification sign to 1) allow the highway 101 sign to exceed the height allowed by the sign ordinance by 20 feet, 2) allow two signs instead of one and 3) allow the total signage to exceed the code requirements by 36 square feet. Motion fails with Comm. Czaja and VanMaldeghem opposed. PUBLIC HEARING - Variance Resolution No. 486, Clete Link. Czaja/Foudray moved to open the public hearing for a request for a 22 foot variance from the required 50 feet front yard setback 9c. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk CY-.. RE: Vacation of Certain Easements and Right-of-Way Within Hauer' s 3rd Addition DATE: April 29, 1987 Introduction At a previous meeting, Council set a public hearing date for May 5, 1987 to consider the vacation of: 1. 13th Avenue in its entirety, 2. Onyx Drive in its entirety, 3. That part of Limestone Drive lying southeasterly of the southwesterly extension of the northwesterly line of Lot 11, Block 3, 4. The utility and drainage easements within Lot 8, Block 2 and Lot 11, Block 3. Background The vacations described above are necessary for the platting of Hauer's 4th Addition. 13th Avenue is being relocated to the South. Onyx Drive is being relocated and what was Onyx Drive will become Jasper Road and will extend further to the South. The curvature of Limestone Drive at its intersection with Onyx Drive is being straightened out. The vacation of the southerly 100 feet of Limestone Drive is being replatted in the Hauer' s 4th Addition. The utility and drainage easements within Lot 8, Block 2 and Lot 11, Block 3 , Hauer' s 3rd Addition are being replatted and will be contained in the Hauer' s 4th Addition. This is due to the fact that the two lots become larger and it is desirable to move the drainage and utility easement to the outer parameters of the newly created lots. - There are no objections to the proposed vacations by staff or by Utilities because the necessary easements and right-of-ways are being rededicated in the plat of Hauer's 4th Addition. It is crucial that the resolution of vacation be adopted and be recorded at the time that the final plat of Hauer's 4th Addition is ready for recording. Therefore, staff is recommending that the resolution of vacation not be adopted by Council until the final plat is properly signed by the developer as well as the developers agreement and the petition for the Plan B public improvements, and filed with the City. In addition, all the conditions of the final approval must be met. The developer is attempting to comply with all these conditions and if they are met by the time of the public hearing, Council may wish to adopt the vacating resolution. - Alternatives After the public hearing is held: - 1. Adopt Resolution No. 2720, vacating easements and right-of- way. 2. Do not adopt Resolution No. 2720. 3. Table Resolution No. 2720. Recommendation If all conditions of the plat approval are met and if all documents are properly signed and recorded with the City, staff recommends alternative No. 1, adopt Resolution No. 2720. If all the conditions of the plat approval are not met or if any of the documents needed are not signed and recorded with the City, staff recommends alternative No. 3, table Resolution No. 2720. JSC/jms RESOLUTION NO. 2720 G A RESOLUTION VACATING CERTAIN EASEMENTS AND RIGHT-OF-WAY WITHIN THE PLAT OF HAUER'S 3RD ADDITION AS HEREIN DESCRIBED WHEREAS, the City Council has given approval to the plat of Hauer's 4th Addition, and WHEREAS, the plat of Hauer's 4th Addition realigns some public right-of-way and easements within the plat of Hauer' s 3rd Addition, and WHEREAS, it has been made to appear to the Shakopee City Council that all that property hereinafter described no longer serves any public interest or use, and WHEREAS, a public hearing to consider said vacations was held in the Council Chambers of the City Hall in the City of Shakopee at 8:00 p.m. on the 5th day of May, 1987, and WHEREAS, two weeks published notice have been given in the Shakopee Valley News and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board at the First National Bank of Shakopee, and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest and serves no further public need, 2. That the following streets and easements within the plat of Hauer' s 3rd Addition be and the same are herein vacated a. 13th Avenue in its entirety b. Onyx Drive in its entirety C. That part of Limestone Drive lying southeasterly of the southwesterly extension of the northwesterly line of Lot 11, Block 3 d. The utility and drainage easements within Lot 8, Block 2 and Lot 11, Block 3. Resolution No. 2720 Page Two 3. After the adoption of the resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 5th day of May, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. City Attorney 9j MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Austin Street South Davis Court DATE: April 30, 1987 Introduction At a previous meeting, Council set a public hearing for May 5, 1987 to consider the vacation of Austin Street lying south of Davis Court. Background Mr. Jim Hauer has submitted a petition to the City Council requesting their consideration of the vacation of Austin Street lying south of Davis Court. Both Shakopee Public Utilities and Minnegasco would like an easement retained if Austin Street is vacated; which is City policy. The City Planner recommends approval of the vacation, and makes the following comments: 1) the City has received a preliminary plat for the area to the south, they are not proposing the extension of Austin Street, 2) the vacation of Austin Street would not landlock any property - the street is not necessary to serve any property, 3) the utility easements must be kept - a 12" watermain is in the street. The City Engineer recommends that various actions occur as a condition of the vacation of the street. See attached memo. Proper notice pursuant to law has been made. Both abutting property owners, Mr. DuBois and Mr. Hauer, have been provided copies of this memo. Alternatives 1. Vacate street. 2. Deny request for vacation of street. Recommenation Conduct public hearing and thereafter direct staff whether or not to prepare the appropriate resolution vacating the street for Council consideration at the next Council meeting. JSC/jms "s 4 o g 3 h 5 S s Qy z h 2 5 vLILL5 4 6 7 g Z 8 10 II 1 �3 4 A� . D PARK PARK I 3e Q ' Y' g / 1 2 3 I t 4 l 5 6 Ir, 7 6 IC 6 I 13; 4 MEMO TO: Judith S. Cox, City Clerk FROM: Ken Ashfeld, City Engineer SUBJECT: Austin Street Vacation, JEJ Addition DATE: April 20, 1987 I have reviewed the request for vacation of Austin Street south of 11th Avenue as submitted by Mr. Jim Hauer. At the time that Mr. Hauer submitted the request, I indicated to him that I would be recommending to Council that various actions occur as a condition of the vacation. I submit those recommendations as follows: 1 . That portion of 11th Avenue to be vacated be removed and restored in turf consisting of but not limited to the following work: a. Curb & gutter removal b. Bituminous removal c. Remove catch basins and leads (2) d. Aggregate base removal e. Placing of topsoil f. Seeding of restored area 2. The intersection of 11th Avenue and Austin Street be reconstructed to accommodate new drainage - patterns and street grades consisting of but not limited to the following work ( see attached plan) : a. Construct new LP catch basin and lead b. Construct new curb & gutter line C. Restore bituminous pavement 3. All work to be done at the direction of the Engineering Department. 4. A bond in the amount of 125% of the attached estimated cost be provide by the vacation petitioner. KA/pmp AUSTIN ITEM UNITS UNIT PRICE AMOUNT 1 . Remove Catch Basins 2 Ea. $ 150.00 $ 300.00 2. Remove 12" RCP 90 L.F. $ 7.00 $ 630.00 3. Remove Curb 335 L.F. $ 2.50 $ 837.50 4. Remove Pavement & Base 705 S.Y. $ 1 .50 $1 ,057 .50 5. Install C. P. Catch Basins 1 Ea. $1 ,200.00 $1 ,200.00 6 . 12" RCP 58 L.F. $ 30.00 $1 ,740.00 7 . CL-5 76 Ton $ 7.00 $ 532.00 8. 2341 Bit. Patching 22 Ton $ 50.00 $1 . 100.00 $7 , 397 .00 9. Restoration (Topsoil & Seed) 0 .2 Ac. $4,000.00 $ 800.00 $8 , 197 .00 11 T AVE. L...:.:......:......:..:......a............... ..... .. ". 6" WA7 ERMA Ncr i F W 3 W p ;Z 4 _ 3 mra . -_ - - Q - i 1 33 .. .. w w { " w - F+. . Ow 1 ¢ W: f . ....................................... > F v to yr a AUSTIN _N F 311r:9 > a F w > I r 3` I U Irl IN •8S a � = M DAVISvi 777v- . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ................................ COURT �I . . . . . . . . . . w v z I Wm NF- I xo WIfti cr CDZ ¢. Lu 1- - 11 Ix atn I1N : ' • . : v' . ; W c, r IX. 2Ja � W HSN. : : : iii € € € : '• € : ii ? : : : : : iii : : wt- :......................:.......................:.......... s ai,w - MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: City Planning Staff DATE: April 30, 1987 INTRODUCTION: __. At their _. April 16, :_ 1987 - meeting the Planning Commission passed a motion recommending the City Council authorize the . - hiring of additional planning staff. - -- - - - - - BACKGROUND• The Planning Commission previously recommended hiring an additional staff person in the planning department. The City Council approved funding for additional planning staff in the 1987 budget. The City Council has not yet approved filling the -. _. Planner I position. - - - -- - -- The work load now being placed on the Planning Commission and planning staff is such that planning staff does not have the - ---- - - time to undertake needed studies and updating of the City's Comprehensive Plan and Zoning and Development Ordinances. Current staff is working overtime just to. keep up with the existing work load. - - Presently, the Community Development staff is spending an appreciable amount of time dealing with day to day planning problems. This includes a number of subdivision plats that need to be reviewed, zoning ordinance amendments, PUD' s, collector and arterial street alignments and other day to day development related activities. Also, at this time, the sign ordinance is being amended as is the PUD ordinance. There is work currently being done on the environmental assessment worksheet for the O'Dowd Estates Planned Unit Development. In this particular project the City is the responsible governmental unit (RGU) and will be required to analyze and draft a response to the 25 or 30 agencies and individuals that will potentially respond to this EAW. Following that a determination will be made whether an Environmental Impact Statement (EIS) will be needed. It is anticipated that the staff will be dealing with two - -- additional EAW in the near future (the Starwood Music Center and the Meritor Development) . It is also anticipated that the levels of activity for both conditional use permits and variances will be accelerating this summer. Projects which need to be undertaken in the near future include an updating of the sign ordinance (this effects such businesses as Valleyfair and their sign request) , the need for a new septic system ordinance, the need to update the comprehensive i plan (the plan has not been amended for the past 7 or 8 years and some of the census data is of 1970 origin, as well as a comprehensive update of the transportation system for the City) . The zoning ordinance should be given a thorough overall. At this time the provisions of the ordinance are not consist with contemporary development policies (as is evidenced by the difficulty and time involved with the O'Dowd Lake Estates Planned Unit Development) . At this time very little work is being done on the Metropolitan level and documents such as the "Metropolitan Development and Investment Framework" must be evaluated and the City's plans must be compared to this document. It is also the time when the City will consider to doing a community needs survey for the possible submission of a Small Cities Development Program Application under the Community Development Block Grant Program. The Southwest Planning Coalition is another group the City needs to be coordinating it' s activities with however present work load does not allow this to happen. As the mini by-pass project moves forward into it' s next phase it appears as though the department will be heavily involved in the acquisition of properties and the relocation of tenants and owners. The Star City' s project is nearing completion at this time, however once it is completed there are certain activities which must be undertaken on a continuous basis in order to maintain the Star City designation. This is a program that is of particular interest to the ICC. As construction starts in the Downtown Revitalization Program monitoring and coordination activities will take place on the streetscape program. A revolving loan program needs to be set up in conjunction with the commercial rehabilitation activities that have been discussed for several years. Also, likely to be done in conjunction with this, will be some sort of downtown design review function, as downtown rehabilitation and improvement efforts accelerate. ALTERNATIVES: The four major courses of action which could be pursued at this time include (1) hiring a Planner I as budgeted for 1987; ( 2) hiring an intern for an interim period of time; ( 3) hiring a consultant to do various specific tasks or (9) do nothing. Following is a brief discussion of the major elements of each of the forementioned options. !D a- Hiring a Planner I as Budgeted If this option is pursued much of the workload previously described will be able to be addressed in a more expeditious manner. This will enable the various planning projects and ordinances to be updated as required. The hiring of an additional staff person will also result in the flexibility of _ . being able to move people from one project to another as demand dictates. This probably represents the most efficient use of time and money in that an entry level planner will not be paid at the rate that one would pay a consultant and there would be additional benefits accruing as this person obtains additional experience with the organization. This will also allow some of the less complicated tasks. currently being done by the City Planner to be shifted to this staff person and will allow the City Planner to handle more tasks. It is possible to hire a Planner I for a specific period of ' time such as 12 months and to make it clear at the outset that if sufficient work is not available at the end of the one year period the job would terminate. If this option were to be followed it would have some of the advantages of entering into a contract with a consultant in terms of not having a continuing obligation for a staff person if the work load does not dictate. Hiring an Intern The major option of hiring an intern is that the financial impact is very minimal. In conjunction with that we can expect a lower level of productivity than one would receive by either hiring a full time planner or consultant. As this person would become more familiar with the City's system additional knowledge would be obtained. At such time as the person left this would then be lost. The hiring of an intern will require more time for supervision and training than in hiring an entry level planner I. Also an intern will not be able to deal with the more complex issues. Hiring a Consultant The major advantage of hiring a consultant is that at such time as the task is completed the consultant will no longer be around. The hiring of a consultant will not allow - the flexibility of shifting tasks from one staff member to another as the work load dictates. Also hiring a consultant cost more money per hour than any of the other options herein discussed. This is particularly relevant in that a consultant must not only be paid for his or her services but also expects a profit to be made as a part of the transaction. A consultant will not relieve the City Planner of some of more simple tasks now being carried out and will be of no help in dealing with the public when the walk in traffic or telephone traffic increases. A consultant also would not have the indepth understanding of local zoning and development issues unique to Shakopee. Do Nothing Option In terms of the amount of money expanded at the out set this is the least costly option. However there are other significant expenses that will result if this option is followed. Desirable projects will continue not to be completed on time and long term issues will not be addressed. The City will be in a position of reacting to short term issues as they happen rather than getting ahead of the problems and providing guidance prior to the time things happen. Also the Planning Commission will not be provided with the level of assistance that they desire and development projects that they are dealing with will continue to run the risk of being delayed for periods of time. In summary, if this option is followed the overall development environment will suffer in Shakopee. As indicated, there are several ways of attempting to deal with the problem. Hopefully the above discussion will provide some guidance in confronting this situation. STAFF RECOMM-TDATION: It is recommended that alternative #1 (filling Planner I position) above be pursued and that the Council give authorization to hire an entry level planner. ACTION REOUESTED: Authorize filling the Planner I position as budgeted in 1987. fob MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: City Code Regarding Onsite Sewage Treatment Systems DATE: April 30, 1987 Introduction- The Planning Commission at their meeting on April 16, 1987 passed a motion recommending the City Council begin immediate work on an ordinance designed for the purpose of licensing, inspecting and pumping of septic systems. Background: Based on data and discussion presented during the Planning Commission' s study of changes in the PUD ordinance, the Commission determined that changes should be made to City Codes regulating the design, installation and maintenance of septic systems. The Planning Commission recommends that work begin as soon as possible on the study of these ordinances. The Commission feels that ongoing inspection and maintenance of existing . systems is an area in which our codes should be strengthened. Recommended Action: The City Council should approve a motion directing staff to begin a review and study of the City' s codes regarding septic systems. Based on the results of the study recommendations for changes in the City Code should be presented to the Planning Commission and City Council. CITY Or SRAKOPLL PUBLIC WORKS DEPARTMENT MEMO -__- TO: John Anderson `-- City Administrator -- FROM: Jim Karkanen - Public Works- - -- Tom Brownell - Police - SUBJECT: Calender Parking Reviewal --- DATE: April 30, .1987 INTRODUCTION: -- Because of the abnormal lack of snowfall this past winter season, it is our understanding that several Council members have requested a reviewal of the winter . .. =parking restrictions, whichareused to facilitate snow removal operations, and provide - "- a method to keep snowbirds and abandoned vehicles from being parked on the streets, especially during snow removal operations. - BACKGROUND: Calender parking restrictions were initiated in 1964, but were virtually impossible to enforce because they-could only be implemented by a public announcement on the - local radio station. For obvious reasons, this system did not work, and could not be enforced, and was virtually ignored by the public, and the involved departmental agencies. -The current calender parking ordinance, # 107' Section 9.50 was formally adopted _.. October 19, 1982, and was used the winter season of 1982-83, at which time we received - - 74.4" of snow. This ordinance was reviewed by the Public Works and Police departments - after the inaugeral season, and this report was submitted to Council for their comments -- = on May 12th, 1983. . It was recommended that we continue using the parking restrictions in succeeding years, but a year-around ban was suggested for the CBD area from 2 AM ---- until 6 AM. The CBD parking restriction was continued because the Police department could moreeasilyidentify "suspicious" vehicles parked downtown, and the Public Works department could conduct sweeping, cleaning and maintenance activities early in the morning, before the parking spaces are occupied. This also encouraged the downtown _ - residents to use the parking lots overnight. This recommendation was adopted and implemented for the 1984-85 winter season. The parking restrictions also allowed for ----tagging or towing an abandoned vehicle after 24 hours instead of the privious allowed 48 hours. - Several hardship exemptions were granted by the Council on an individual basis, _. after being prsented to the Council. Notably, the Central Elementary School block was exempted after 7 AM, in order for the teachers to be able to park their vehicles - before school started, and before the parking ban was officially over at 8 AM. This exemption was granted on November 15th, 1982. REVIEWAL: Calender parking is in effect from November 15th until April 1st from 12 midnight until 8 AM. If you live on an even side of the street, you may park on that side of thestreeton the even calender days. Odd calender days will permit parking on the odd numbered side of the street. Abandoned cars can now be removed within 24 hours, which helps to keep open streets for traffic and pedestrian safety, to keep open fire lanes, snowbird problems, and to answer neighborhood complaints, as well as aid the _ `. snow removal operation. The alternate parking plan definitely is a vital part of our snow removal program _ . ' because it gives our plows more curbline to work with, and provides for an easier .. clean-up operation after the initial plow has been completed. Even with many 1r• � vehicles parking on the street after a plow operation has been initiated, these vehicles will move the following day, and we can clean up early the following morning. The calender parking schedule assures us that these snowbirds will move. Both sides of __-the street are plowed during the major plow operation, irregardless of the calender parking odd/even day.- ---- - Prior to the start of the parking restrictions in November, reminders are issued _ as "stuffer" in the monthly SPUC utility bills, notices are placed in the local news- papers, 5 large (24" X 3611) signs are erected at the major entrances to Shakopee, - and 40 large (18" X24") neighborhood reminder signs are put up in strategic - -- ---._.entrances to each neighborhood or subdivision area and major arterial feeder street, —to remind residents of the parking- restrictions. - This also serves as a reminder to - —visitors to these neighborhoods of the parking restrictions. - The Police department will issue only warning notices to violators for the first several weeks until everyone becomes accustomed to the restrictions,-then will begin issuing the citations for violations. Even if there is no snow, the citations should be issued in order for the ordinance to be effective. If there is a cessation of enforcement during dry periods, it would be impossible for the public to respect the ordinance when it is---. - - needed. -- - - - - - We should really appreciate the mild winter which we have just experienced in - regard to fuel savings, overtime saved, accidents avoided, road chemicals. not being _ applied, and equipment not being depreciated by excessive wear and tear, although .- `:`_ several storms had just missed our area by some 50 miles on several occasions. - _- --- -- Because of the mild winter, we wouldn't suggest selling some of our snowplow equipment, nor nor should we ignore. our snowplow ordinance, except for some modifications -which we would like to suggest. ALTERNATIVE METHODS USED: -- ---_ -'. Some of our neighboring communities have various other parking restrictions: 1. Continual ban on street parking during the winter season, and/or_ a year long ban on parking at all times. 2. Ban on street parking at 2 or 3 inches of snow, until snow has been cleared to the curbline. This does create some confusion, as to who measures the snow- depth, where it is measured, what would be the official depth because the snow depth in our community can vary depending on the location. In the event of a prolonged snowstorm, our policy is to plow with the storm, and if a street has been plowed in its first phase (to the curbline),- cars will move in and hinder the - succeeding plow operations at the same location after further accumulation. 3. Minneapolis and St. Paul declare their snow emergencies, but by the time they have declared their upcoming operation, we have probably finished our plowing, - and are in the process of cleaning up. We wouldn't want our plow operation to be comparable to their operation. - - 4. The City of Duluth restricts parking on an odd or even side of the street for the entire year. They will then change to the other Bide of the street for the next year Every Community seems to have a parking restriction program, proving that it is considered essential to have parking control to provide for an effective snow control program. RECOMMENDATION: We would like to suggest changing the hours of the parking restrictions in order to accomodate neighborhood "visitors" who don't leave by midnight. Our suggestion would be to change the hours of the ordinance to be in effect from 2 AM until 6 AM, - . which would also accomodate some business and educational instituitions, such as the _ local schools, churches, etc. . These hours would also be in line with the parking restrictions in the downtown area, which should also remain from 2 AM until 6 AM. If � Snow Removal Payroll Seasonal Program Cost Hours Snowfall -1980 $10,825 1,336 21.1" - - (80-81) - 1981-- - - 10,903 - -- 1,117 95.0" (81-82) 1982 23,104 -- =- 2,144 74.4" ( 82-83 ) 1983 34,081 3 ,126 98.6" (83-84) - - -- 1984 19,759 1,742 72.7" (84-85) -- 1985 30,225 . 2,418 69.5" (85-86) -1986 - 21,138 - 1,774 17.4" to date ( 86-87) I 5 9.so SEC. 9.50. PARTING DURING STREET MAINTENANCE AND PARKING BETWEEN NOVEMBER 15 AND APRIL 1. Subd. 1. There shall be no parking on any City street, alley or public parking lot when all or any of said street, alley _ or public parkin: lot is designated and/or posted fo: maintenance work by proper City officials or employees. _ - Subd. 2. Between November 15 and April 1 , inclusive, parking is prohibited on the west and south sides of streets or avenues on odd numbered days for the day beginning at 12:01 o'clock A.K. and until B:00 o'clock A.K.; and on the east and north side of streets or avenues on the even numbered days for the day beginning at 12: 01 o 'clock. A.K. and until 8 : O0 o' clock A.D:. Source : Ordinance No. 107 , 4th Series Effective Date: 10-28-62 Subd. 3. Parking Hours in the Central Business District. There shall be no parking on the following streets in the Central Business District between 2:00 o'clock A.M. and 6:OD o'clock A.M... to-wit: Second Avenue , First Avenue and Levee Drive between Sommerville and Fuller Street and Lewis Street, Holmes Street and Fuller Street between Second Avenue and Levee Drive. Source : Ordinance No. 171, 4th Series Effective Date: 7-4-85 Subd. 4. No snow shall be removed from private property and subsequently deposited on public right-o£-way such as, but not limited to, streets and allevs. Subd. 5. Upon showing of undue hardship in individual cases, the Council may grant modification or exemption from the above upon notifying the City Engineer, the Street Department and the Police Department. Source : Ordinance No. 107 , 4th Series Effective Date: 10-28-82 Section. Subd. 6. It is unlawful - to park in violation of this. Source : Ordinance No. 127 , 4th Series Effective Date: 8-4-83 (Sections 9.51 through 9.98 , inclusive , reserved for future expansion. ) -214- TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: -- Snow Removal Parking Ordinance DATE: - April 3, 1987 INTRODUCTION Council review of calendar parking ordinance. BACKGROUND Calendar parking between November 15 until April 1, between the hours of midnight and 8 :00 a.m. , has been in effect since 1982. Approximately 5,500 citations have been issued during the five -:.- year. period.... Forthree years the fine was $5.00, during the past . _ two years the court increased parking violations to $10.00. The City does not regulate the fee schedule for fines. The purpose of the calendar parking ordinance was to reduce fuel and labor costs. Our inability to plow streets to the curb line also prevented sufficient roadway width for fire vehicles to access some areas near apartment buildings. Assuming we average 1,100 citations a year, the revenue received would be $11,000, if all fines were collected. From 1982 to January 1987, the police department enforced the ordinance when time permitted. During January of 1987, the City employed a person to enforce calendar parking for five nights per week, five hours per night. _ The full term of enforcement, November to April, requires a salary cost of approximately $4,000 plus vehicle, administrative/clerical, court clerical, city attorney costs. MOTOR VEHICLE PARKING ORDINANCE The City of Shakopee will Implement calendar parking annually,from November 15 until April 1 to tactlltate3nowTemoyal - - - - Residents are permitted to park vehicles on the even side of the street on even calendar days; and on the odd side of the street on odd calendar days. The parking restriction will be enforced between the hours of mid- night and 6:00 ■ m. No vehicle parking is permitted in the Central Business District between the hours of 2:00 a.m. and 6,00 a.m. -- _ No vehicle may be left upon any streetfora continuous period in excess of 24 hours al any time and will.be towed at owners expense. `-Direct lnpuiresio'—` " —' '-Thank you for your cooperation. Shakopee Police Dept. _. - John K. Anderson . 445-6666,- City Administrator_, Memo To: John Y. Anderson, City Adminintrntnr _-.- From: Jim karkanen, Public Works Dept. - - - - Tom Brownell, Police-Dept - Subject : Winter Calendar Parking Revicwal and Prnposed P.,rkint: .: ._ .. Regulations to CIID._-.-- Date: _ May 12, 1983 Bar kcround -- - - The Police Department and the Public Works Department would both like to express their appreciation to Administration and the Common Council for their support of the newly implemented Calendar Parking ordinance designed to regulate residential - parking during the winter months.- Thv past winter was very- difficult to fully assess the effects of the parking regulation because the majority of the snowfalls. we received were not of the normal variety, but it did. give us enough exposure to. see some merit in this type of parking regulation. We. realize that there was - constituental pressure to theCouncilmembers for exceptions or repeal of the -- - ordinance, and we would like them to know that we do appreciate Lheir continued support of the ordinance. The 2 a.m. [c 6 a.m. parking ban in the Central Business District during the winter months has shown that a continuance of this ban could benefit our depart- ments for the following reasons: 1 . The Police Dept. has found that "suspicious" vehicles are easier to identify in the CBD when no vehicles are permitted to park in this area between' 2 and 6 a.m. 2. The downtown apartment residents get into the habit of using the city parking lots for overnight parking when it is mandatory all year. There seems to be _. a Nigh turnover- rate-for these-apartments,-and-it is -easier-to-get them used to the Idea of using the lots when it is posted all the time. _ 3. The Public Works Dept. has found that street maintenance and sweeper - - operations have to be conducted very early in the morning before traffic starts using these streets, and it is very helpful to have the curbs clear of parked _vehicles during these. operations. If the -sweeper has todrive-around parked vehicles, this involves some handwork to clean the curb, and when the vehicles leaves the area, it leaves an area that must be reswept later. The CBD area affected by this parking ban is identified as: 2nd Ave.. lst Ave.. and larvee Drive helwren Somnmrvill St . and Fuller St. . Fuller. '- - Ilmlmes. and Lewis Lctwcen Luvuc lirlve and 2nd Ave.. Sommervlllc St. between 1st - and 2nd Ave. (No restriction is needed North of 1st Ave. on Sommerville). - -' It must be noted that the proposed parking restrictions may cause some problems at McGovern's Garage on Sommerville, and in front of the hotel. on 2nd Ave. . . Alternatives I . Refer Ordinance 5107 to City Attorney for modif icatnon t restrictions- in- the CRP an a year round has!,. - - `o extend parking _ a._ Exception - Sommerville north of. lst Ave. -_ _ - - - 2. ' Allow Ord.. 0107 to remain "as is". with parking ban in CHI) from Nov. 15th to April 1st only. - 3. Remove 111 parking restriction in CRI). _ _ . . Recommendation - _ lllernativo 1 and I1: --Rrfe3 Itrd. 11107 in Clly Allurnry fur mod if lent loll to ban - --.-- - - parking in CSD area un a year round hams. ']'his arca is identified as: - 2nd Ave. , 1st Ave., and Levee Drive between Sommerville St. and Fuller St. - - - Fuller,- Holmes and Lewis, and Sommerville Streets . -- (Exempting Sommerville between Levee Dr. and2nd Ave. erville St . north of 1st Ave.) `be - Jl::mmr t FROM: CITY OF SHAKOPEE T(' or. t f e, lr( . Aar tL37 %\ �� _ Gn-T^.E ° :,31 S" I DATE 1,1 ran:+ _. - -.:sur% tjl ci r.:' (a: i four de: 1; ] W E:'' .'z .nee ren lLtav!_ i ^OC :i :Ui ar Lr', / :(,U a .r:. ^J�', Yl_'.1. - a % orj: Letee-Lr. :0.'• a.n:. and 6:00 ¢, .r:. ri \':;ey - ever FE .inj' fr available.- /.J:! CE have a_kcd 'ha _ Yi :''ert nc: bi-el E -!.,(,V 7 <. '_ an:; the CS ., hC.J rlCt 3'e S._OVIf' _ u .... LLI- __.l_ C.i , Lfc-ild t6Ey ].leag. park v!,erc w- c_tv ha& }•JOVE_. :�- V(\" heTi-Pen 7:0-0 nrd j'2 r' 7 F.rCL T : :'1traJ Eienentary L_hoo] when =i] vl OlatiO . L!• +1.,: ,Fe\. Y(rter DATE BY r c4G0MJ DETACH AND TILE FOR FOLLOW—UP Io: John K . An Administrator _ Pgo;.7: . ` Jim harkanen/Superinten6ent of Public Works - ' gg: - Plowing ordinance - - DATE:L-: - - February 7 1 , 1982 , -----Introduction - lht -mc Crunol i tail- area has ,lust recently been subjected to several abnormal snowfalls which point out the inadequacies in our current ordinance relating to weather emergencies and parking restrictions. Background _ .. The original ordinance, adopted in 1964, was "watered down" from the .- After much debate , the ordinance original proposal to council . allowed calendar parking when a -weather emergency was declared onthe . localradio. station.- This ordinance proved to be veryineffective as - =-=- writtenl,_The current ordinance, Sec. 9.50,-. Subd. 4-B, uses virtually the same -===—language and is very difficult to understand or enforce, thus making it practically ineffective. The Police Department , through the years , has been very cooperative in removing "snowbirds", but can only use the 45 hour abandoned vehicle portion of the ordinance . This snowbird_ policy does not help the snowplows at the time of. snowfalls. During normal (2"-5") snowfalls , the Public Works Dept . can normally conduct efficient plow operation working around the parked cars , realizing that they will have to return the next day to clean_ up. The cleanupoperation is considered a routine normal operationbecausethe trucks will also apply more sand/salt mixture where needed concurrently with the snowbird - - cleanup operation. when a vehicle has not been removed after 48 hours, the Police Dept . then enforces the 48 hour abandoned vehicle portion of the ordinance by tagging and towing the vehicle. - - - It is common practice with many vehicle owners to deliberately park their vehicle in front of their neighbor' s property, or nark their vehic a= r f rhgir driveway so the plow won' t leave a.window - rte 1 th r driveway to be shoveled. These problem vehicles are eventual y move an e p oc� urn for the cleanup operation. It must be noted that most property owners and vehicle owners are very - cooperative and usuallyunderstand the "necessary evils" of a snow plow operation. There will always be , however, the exceptions to good neigh- borhood courtesies and understanding. Some of the larger apartment complexes . cor..pel their tenants to park their vehicles on the streett -while they clean their own parking lots . This problem can be dealt with on an individual basis with the apartment complex managers- Such as: 1 ) doing only one half of their lots on one day , then move the cars and plow the remainder of the lot later; 2 ) allow the tenants to move on the street only after permission has been granted after the street has been plowed completely; 3) or permit Kai i-ow" .'� 8..�"1. . :w ' .' , M h street" parking on only one side of the street . . This howeve; creates ..n problera_ for the neighborhood, as well as- crcaii ng further driving hazards. _ _ - - - - Alternatives - - - .� 1 . . Calendar Parking -. (even address(,d parking allowed on even calendar - - days _only) -(odd addressed parking allowed on odd calendar days only ) - _ _.. Allow calendar parking for the winter season ( idov. 15 to- April 1 ) this should be enforceddailyto encourage vehicles to be parked Off the street . It should be suggested that the calendar parking _- day should begin at 8:00 a .m. daily. This restriction would be more practical if it was in effect only between midnight and 8:03 -- a .m. This would allow daytime parking on either side of the street . _There will be some negative reaction to daily enforcement. Ui Saclv:mtages - - A. Somevehicleswill need .tank heaters plugged in nightly this would prove to be very difficultif the vehicle is - _-. :. parked across the street. - B. Some streets may not allow parking across the street because -�-' — =- of-physical obstructions or situations . - -' C. The vehicles will still be parked on both sides of the street during the day. This problem can be rechoned with knowing that the vehicle will be eventually moved. - Advantages to calendar parking enforced during the winter season - Nov. 15 to April 1 A. If the populace knows that the parking restriction is to be . enforced daily, provisions will certainly be made for "storing" vehicles that are not used daily. The vehicle owner will find "off street" parking somehow, or realize. that the vehicle must be moved daily. - B. This method of parking will be enforced between midnight and 8:00 a.m. , the Police Dept. will issue tags, thus generating some source of revenue for their efforts. Towing should only be enforced during emergencies. This decision can be con- sidered a departmental policy decision. - - 2. Allow calendar parking as currently written and currently enforced . It must be noted that we have been able to tolerate these conditions - under "normal" snowfalls, but the public won't respond to calendar parking when it ' s "declared" in effect . 3. Enforce calendar parking all year. This does not help thesweeping oneration because we normally sweep. during daytime hours. This - will help keep derelict cars off the street , but so will ab vehicle enforcement . andoned t A. - Lnforce -calendar- parking 24 hours per day. . This would create - many inconveniences during the day. _ .(Virtually unenforceable ) . B. Allow original calendarparking ordinance to remainineffect , however, change the 48 hour abandoned vehicle policy to 24 - _ hours. If a vehicle is considered abandoned after 24 hours , - - . the Police Dept.. - could get it moved none -quickly. -5. Plow east-west and north-southstreets on separate days . This - - . _ would mandate two- day plow_.schedule, making. it not very practical ,. . — -- because we can plow the entire community in one working shift . - - "'�" - Also, this plowing operation would require a public "declaration" by the local media.- - - -. . - b. - Prohibit all residential parking: - A.7 during the winter season (Nov. 15 to April l ) - - -- --- B. - upon declaration of City officials-" `- - - - - C. only when snow depth necessitates- a plow operation - _ D. prohibit residential parking on the street all year E. --emergencies only, again by official declaration - - .. -- 7 . - Allowon street parking ononeside only for entirewinterseason. Recommendation - Allow calendar parking for the winter season (Nov. 15 to April 1 ) enforceable from midnight to 8:00 a.m. The calendar dayshould begin at 8 :00 a .m. - There will be some exceptions, I 'm sure, because of unforeseen cir- cumstances that may have to be dealt on an individual basis . This method, however, is not advisable unless absolutely necessary. Reduce the 48 hour abandoned vehicle restriction to 24 hours . This will create a quicker turnover of abandoned and derelict vehicles off the street and will move these vehicles sooner. It will also generate some revenue for the Police Dept . Comments The Public Works Dept, has somewhat resigned itself to the fact that - parked cars and snowbirds are an occupational stigma that we have to . - ,-- . contend with. The Police Dept. realizes thatthecurrent calendar - parking is virtually unenforceable because the populace is never officially informed when the parking ban is in effect . It must be ' very. clear to the public that a parking ban can be enforced without _ exceptions whenever in effect. If the public realizes that they can' t - park on the street for extended periods of time, they will make arrange- ments for off street parking. The Public Works .Dept: . does have a snowplow system in effect which is virtually unchanged for each snow removal operation. Most homeowners have a general idea when the plows normally will clean their street. Most arterial streets are plowed with priority, while the outlying - additions are generally done last . The prior) ty system is somewhat 1ate(vto vehicle usage and emergency access as well as ADTC (average Ydailytraffic count ) . The plows routes are assigned to the vehicles --_--with--.a minimizing of driving from one. location tothenext route. --- -__]t-must be mentioned thatall snow emergencies are somewhat different , __-__depending on timing, . duration of snowfall , density, depth and wind - - --direction, -also which day of the week - weekend b, of- course , are. the . -- i❑ )st difficult . _7he actual wording in the current City Code Sec . 9.50, Subd. 4-Bis _. --- - very confusing since recodification.-- The calendar. parking wording - can be made cabier to understand by telling the public when they can park, rather when they cannot park on the street . I feel that we can live with our current ordinance, for the duration . ofthis season, hoping that we will experience only normal snowfalls. 7he new ordinance would heineffect for the-- 1992-1983 snow season:. l.Ov1,e�� A TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Purchase of Used Investigation vehicle DATE: April 28, 1987 INTRODUCTION Council authorized $7,700.00 in capital equipment funding to replace a vehicle used for investigative activity. BACKGROUND The department obtained three quotations for the purchase of a used vehicle. 1. Bob's Transfer: 1985 AMC Eagle, 32,000 miles, $4,500. 2. Budget Rent-A-Car: 1985 AMC Eagle, 45,000 miles, $5,000. 3 . Wheels, Inc. : 1985 Olds Ciera, 50,000 miles, $5,175. RECOMMENDATION Purchase a 1985 AMC Eagle from Bob' s Transfer at a cost of $4,500 . Loan value is $6,800. COUNCIL ACTION REOUESTED Authorize staff to purchase a 1985 AMC Eagle from Bob' s Transfer at a cost of $4,500. MINNEAPOLIS NORTHSTAR NORTH STAR AUTO AUCTION, INC. A Subsidiary of Anglo American Auto Auctions Inc. April 22, 1987 City of Shakopee Shakopee, MN Bids summitted for Polices Department to buy survelliance car: 1. Bobs Transfer: 1985 AMC Eagle 2CCCK3556FB704339 Miles: 32,000 $4,500. 2. Budget Rent A Car: 1985 AMC Eagle 2CCCK3850FB707216 Miles: 45,000 $5,000. 3. Wheels Inc: 1985 Olds Ciera 1G3AJ19EOFD358884 Miles: 50,000 $5,175. Sin ely�, / arty Aman Northstar Auto Auction Shakopee, MN P.O. Box 257 • Shakopee, Minnesota 55379 0 612/445-5544 //c� MEMO TO: John K. Anderson, City Administrator i4 FROM: Ken Ashfeld, City Engineer ial SUBJECT: Killarney Hills and MarketStreet Feasibility Reports DATE: April 29, 1987 INTRODUCTION A BACKGROUND: For their April 21 , 1987 meeting , Council was provided feasibility reports for Killarney Hills and Market Street with their agenda packets. At that meeting, Council called for public hearings on the projects but due to the late hour, failed to discuss the contents of the reports. Accompanying each report was a staff memo summarizing the estimated costs, assessments and concerns of the assessments. If Council wishes to discuss any portions of the reports prior to the May 12 , 1987 public hearings, I would welcome questions at the May 5, 1987 Council meeting. REQUESTED ACTION: Questions and comments from Council regarding the Killarney Hills and/or Market Street feasibility reports. KA/pmp REPORTS 11j MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City EngineeIr— SUBJECT: Intersection Improvements, /,T'.,H. 101 & C.R. 83 Signalization Project DATE: May 1 , 1987 INTRODUCTION: The City has finally received plan approval, the signal agreement and construction permit for the signalization work at T.H . 101 and C.R. 83. Engineering is now prepared to proceed with project construction. BACKGROUND: INTERSECTION IMPROVEMENTS PROJECT To facilitate construction of this project as soon as possible for the 1987 tourist season, the City received bids on this project in advance of final Mn/DOT approval of the plans and specifications. The plans submitted to Mn/DOT called for a system similar to the signals at Valley Park Drive. The project consultant, Barton-Aschman, felt that if any changes were required, they would be minor in nature. The procedure followed by the City was successful in expediting the process to this point. Apparently, Mn/DOT plan approval did not progress as smoothly. As a result, a change to the plan was required by Mn/DOT as spelled out in the April 30, 1987 correspondence from Barton-Aschman. As stated in the letter, an engineer ' s estimate of the changes was completed prior to requesting the change order costs from the low bidder , Egan- McKay . That was to assist staff in reviewing an alternative course of action to the change order, that being a rejection of all bids and reletting the project. The engineer' s estimate for the changed work was $4,656.00. Egan-McKay agreed to the changed work at a cost of $4,263.78. This cost would be in addition to the original bid of $92,210.39. Since the original bid cannot be awarded without concurrent approval of Change Order No. 1 , the attached Resolution No. 2725 would provide for both actions concurrently. An alternative course of action would be to reject all bids and relet the project . This alternative action would delay the project approximately 7 weeks. Based upon the excellent price of the original bid ($92,210.39 versus the engineer' s estimate of $108,000) and the acceptable costs of Change Order No. 1 , I highly recommend adoption of Resolution No. 2725. Signalization Project May 1 , 1987 Page 2 CONSULTANT SERVICES FOR PROJECT MANAGEMENT Barton-Aschman submitted a proposal of engineering services for project administration. Their submittal was categorized into Category A - Roadway and Signing Construction; and Category B- Traffic Signal Installation. I recommend that Barton-Aschman be retained for Category B items at an estimated cost of $4,655.00 and only Category A, Item 1 .2 at an estimated cost of $1 ,400.00. Engineering will provide construction inspection and project management. SIGNAL AGREEMENT Prior to construction, the signal agreement between Mn/DOT and the City must be executed. That agreement should be in our possession before the May 5 , 1987 meeting. This should be a standard agreement similar to existing agreements between the City and Mn/DOT for other signals . If the agreement is appropriate, I recommend approval of the agreement at the May 5, 1987 meeting in order for the project to proceed. REQUESTED ACTIONS: 1 . Offer Resolution No. 2725 , A Resolution Accepting Bid on Intersection Improvements to Trunk Highway 101 and County Road 83, Project 1987-1 , and move its adoption. 2. Move to authorize the appropriate City Officials to execute a consultant services agreement with Barton-Aschman Associates for an amount not to exceed $6,055.00. 3. Move to authorize the appropriate City Officials to execute the signal agreement with the Minnesota Department of Transportation for the signalization of the intersection of Trunk Highway 101 and County Road 83. KA/pmp SIGNALS [ IJ Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 April 30, 2.987 Mr. Ren Ashfeld City Engineer City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379 Ile: Intersection Improvements, State Trunk Highway 101 and County Read 83, City Project Number 87-1 Dear Mr. Ashfeld: Enclosed for your review and approval are two copies of the change order number 1 in the amount of $4,263.78 to the contract with Eagan, McKay for the project referenced above. Change order number 1 is necessary to modify the signal design as per comments received from Mr= subsequent to the bid opening. The modifications are incorporated on plan sheets 6A and 7A and include the addition of five handholes, three 6' x 6' loop detectors, 110 I.F. of 4" R.S.C., 110 L.F. of 1-1/4" R.S.C., and two type 10B signal brackets in lieu of a type 20C signal bracket. The changes to the signal design that are incorporated in change order number 1 were necessary to receive MnDOT approval of the plans and specifications. We recommend approval of change order number 1. An engineer's estimate of the cost of the change order is shown on the attached sheet I£ you have any questions regarding this please contact me or Dave Warzala. Sincerely, feokl l�' ie�=wth W. Horns, P.E. Associate RA&i:kro O CHANGE ORDER Intersection Improvements at Change Order No. : 1 Project. Name: S.T.H.101 and C.R.83 (87-1) Date: ' May 5, 1987 Co:rtract Original Contract Amount is 92,210.39 Change Order(s) No. 0 thru No. y^ -0- Total Funds Encumbered Prior Lo Change Order $ 92,210.39 _ Description of Work to be (Added/Deleted): Modifications to signal design as per comments received from MnDOT subsequent to bid opening. The modified signal design is shown on plan sheets 6A and 7A, and includes the addition of 5 handholes, 3-6'x6' loop detectors, 110 L.F. of 4" R.S.C., 110 L.F. of 1 1/4" R.S.C., and 2-type 10B signal brackets in lieu of a type 20C bracket. The above described work shall be incorporated in the Contract, referenced above; under the same conditions specified in the oririnal Contract as amended unlezn otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increasedXbgO7{3XXX; by $ 4,263.78 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $ 92,210.39 Change Order(s) No. 1 thru _ $ 4,.263.78. Total Funds Encumbered $ 96,474.17 Completion Date: 30 working days The undersigned Contractor hereby agrees to perforp ' the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Rh•V1EwED: C acto Egan, McKay Shakopee Public Utilities Com;aission By: —� Title: V. h? Date: S'— S _ S7 Manager Date APPROVID AND R• OtrAfEND C y Engin r Date .. APPROVED: City of Shakopee By: Mayor Date APProved as to form this day of City Administrator Date 19 City Clerk Date Citv Atte-,!-v f� d MERSECTION MROVEMWM S= TRCR7 HIGHWAY 101 AT CDLRM ROAD 83 SHAROPEE, M2RMSOTA PM7E(.T NO. 87-1 ST'ATB= OF CHANGE ORDER =S - D4G=Z S E=IATE Unit Item Unit Quantity prim Totals Add: Hardhole Each 5 $ 500.00 $2,500.00 6' X 6' Detector Imp Fach 3 250.00 750.00 4" R.S.C. L.F. 80 20.00 1,600.00 4" R.S.C. L.F. 27 20.00 540.00 1 1/4" R.S.C. L.F. 80 5.00 400.00 Type 10B Each 2 950.00 1,900.00 2/(S #14 L.F. 320 0.50 160.00 Delete- 3 1/2" R.S.C. L.F. 80 15.00 - 1,200.00 Type 20C Fach 1 1,725.00 - 1,725.00 2/CS #14 L.F. 538 0.50 - 269.00 TOTAL E9iTW= CEWM ORDER NST = $4,656.00 Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 April 22, 1987 Mr. Fan Ashfeld City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55 Re: Construction Phase services for State Trunk Highway 101 and County Rand 83 intersection improvements (City Project No. 87-1) in Shakopee, Minnesota Dear Mr. Ashfeld: Barton-ASchman Associates, Inc. is Pleased to provide you with this proposal for construction phase services associated with the above subject project. Based on our discussions, we have divided our services into two categories for your consideration. These are Category A, roadway and signing construction and Category B, traffic signal installation. Our Proposed work tasks for each category are as follows: 1.0 Category A Roadway and Signing Construction 1.1 Conduct Pre-construction meeting. 1.2 Provide all construction staking and layout for all turn lane construction, signing and Pavement marking. 1.3 Provide daily on-site inspection as needed to maintain conformance with the plans and specifications. 1.4 Review all pay quantities submitted by the contractor in his payment request. 1.5 Assist the city in processing change orders if required. 1.6 Provide all testing of subgrade, aggregate base and bituminous surfacing necessary to achieve density requirements outlined in the specifications. 16 4(j, Barton-Aschman Associates, Inc. April 22, 1987 Page 2 1.7 Coordinate construction work with MnDCJr in accordance with the permit for work conducted within state right-of-way. 1.8 Provide a final inspection of the project for certificate of completion. 2.0 Category B Traffic Signal Installation 2.1 Cmxh=t pre-construction meeting. 2.2 Field stake pole, handhole, and loop detector locations. 2.3 Coordinate installation with MnDOT and the Chicago Northwestern Transportation Company. 2.4 Provide daily onsite inspection as needed to maintain conformance with the plans and specifications. 2.5 Review all shop drawings. 2.6 Review contractors requests for payment. 2.7 Assist city in processing change orders if required. 2.8 Provide a final inspection of the signal system for inclusion in the certificate of completion. 2.9 Provide reproducible as-built drawings as required by the state. We propose to provide the above services at a cost not to exceed $10,675. The category breakdown is as follows: Category A - Roadway and Signing Construction - $6,020 Category B - Traffic signal Installation - $4,655 The above estimate is based on our standard hourly rates for staff personnel and includes reimbursement for direct expenses at cost times 1.0. Barton-Aschman has retained the services of Braun Engineering Testing and valley Engineering to provide testing and surveying services, respectively. Should this proposal meet with the city's approval, we are prepared to initiate work immediately pending the city's receipt of the signal agreement drafted by MnDOr and notice to proceed to the contractor. Barton-Aschman Associates, Inc. April 22, 1987 Page 3 If you have any questions con r� this Proposal, please do not hesitate to contact our offices. We deeply appreciate a d enjoy the opportunity to serve the City of Shakopee. idDavid B. Wa Senior Assodlate i J . MAlan ohn CG� Vice President and Its NntractiM officer DEW/JCM:kro ACCEPM AND APPRWM BY: Signature typed Name AUMCRIZATICN 7U E Ma= AGREMEM FUR: I.L3tE RESOLUTION N0. 2725 A Resolution Accepting Bid On Intersection Improvements Trunk Highway 101 and County Road 83 Project 1987-1 WHEREAS, pursuant to an advertisement for bids for the 1987-1 Intersection Improvements to T.H. 101 and C. R. 83 , bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Egan-McKay Electrical Contractors $92,210.39 Collins Electrical $94,658.75 AND WHEREAS, it appears that Egan-McKay Electrical Contractors, 7100 Medicine Lake Road, Mpls. , MN 55427 is the lowest responsible bidder. AND WHEREAS, a change order is necessary to facilitate final plan approval by the Minnesota Department of Transportation and that change order must be approved concurrent with bid acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Egan-McKay Electrical Contractors , in the name of the City of Shakopeefor the improvement of 1987-1 Intersection Improvements by Signal Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The Mayor and City Clerk are further authorized to execute Change Order No. 1 to the contract documents which reflects the changed work necessary to facilitate Minnesota Department of Transportation approval of the project. 3. The City Clerk is hereby authorized and directed to return forthwith to .all bidders the deposits madewiththeir bids, except that the deposits of the successful bidderandthe next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19-. 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Mm uF CQm o >, u 00 000000 0 0 0 0 0 00 O 000 0 0 0 000 O v c �O m Q 00 000000 H 0 H 0 H H 0 0 000 0 0 0 0 00 F U 5HH W U] d W 00 000000 0 0 0 0 0 SO O 000 0 0 0 0 0 0 Z H 0 0 0 H H H 0 H H H 0 H 0 H H H 0 H 0 H H H H H H H H V mm OO OOl0O N m m H m m m mmm m m m 00 [— W^ OHIO f�mm O HNH0 0 0 O > 8888Im0 000H 0 8 8 i 0 3 1O8ti \ YO\1�N .OoY\ . 8MHo MNHm0808o00 HOOOON NNN NHH0pOpM mO mm �NyMNN H OTmOOM H 0 0 H 0 H M HM .Y Y �n 0 0 0 H H R H H 0 H H 0 M mm 0 00000 N m m 0 m m 0 m mmm m m m 00 [— //9 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: 6th Avenue Sanitary Sewer Reconstruction DATE: April 30, 1987 INTRODUCTION: The Engineering Department proposes to begin development of plans and specifications for the reconstruction of the sanitary sewer on 6th Avenue from Monroe to Adams and Adams from 6th Avenue to 5th Avenue. BACKGROUND: The above mentioned project is listed in the Capital Improvement Program because of periodic overloading of this system. ACTION REQUESTED: A motion to authorize preliminary survey work to align the Husman Addition and the replat of Notermann Addition and provide center line control points by the City ' s consultant, Orr-Schelen- Mayeron & Associates, at a cost not to exceed $1 ,400.00 to paid out of the Sewer Fund. - A motion to authorize plans and specifications for reconstruction of the 6th Avenue Sanitary Sewer from Monroe Street to Adams Street and Adams Street from 6th Avenue to 5th Avenue. RR/pmp 6THAVE 'MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Addendum to Agreement Between the City of Shakopee and the Shakopee Chamber of Commerce DATE: April 29, 1987 Introduction The Shakopee City Council, at its regular April 7, 1987 meeting, passed a motion directing staff to draft an amendment to the agreement between the City and the Shakopee Chamber of Commerce establishing a Visitors Information Center/Convention Bureau funded by the hotel/motel tax. Background The proposed amendment will change the ownership of the Visitor Information Center/Convention Bureau building from City ownership to Chamber of Commerce ownership. The Chamber proposed this change because Chamber ownership would be preferable to City ownership of the facility. This change enables the Chamber to move the facility sometime in the future should it wish to relocate it once the new By-Pass is constructed. Alternatives 1. Approve the amendment as drafted by the City Attorney. 2. Modify the language of the proposed amendment submitted by the City Attorney. Recommendation Staff recommends alternative No. I. Plans for the Chamber office are moving forward and it is quite possible that the facility can be constructed in time to serve the major portion of the 1987 tourist season. This schedule would be damaged if the Council chose not to amend the agreement as proposed. Action Requested Approve addendum and authorize appropriate City Officials to execute the addendum dated May 5, 1987 to the agreement between the Chamber of Commerce and the City dated November 4, 1986 regarding the construction and ownership of the Visitors Information Center/Convention Bureau facility. JKA/jms ADDENDUM TO AGREEMENT OF NOVEMBER 4, 1986 WHEREAS, An Agreement between the City of Shakopee, a municipal corporation, and the Shakopee Area Chamber of Commerce was made and etnered into on November 4, 1986, which among other things provided that the City of Shakopee shall be the owner of a Visitor Information Center/Convention Bureau to be built in accordance with said Agreement and granting to the Shakopee Area Chamber of Commerce the right to move the building to an alternate site should the need arise; and WHEREAS, As .the result of subsequent developments, it has been determined that the Shakopee Area Chamber of Commerce will build and own the Visitor's Informa- tion Center/Convention Bureay,it is necessary to amend said Agreement of November 4, 1986. THEREFORE, THIS AMENDMENT TO THAT CERTAIN AGREEMENT Between the City of Shakopee, a municipal corporation, and the Shakopee Area Chamber of Commerce dated November 4, 1986 is made and entered into as of the date hereinafter set forth as follows: In consideration of One Dollar and other good and valuable consideration and mutual agreements, which both parties agree is sufficient, IT IS MUTUALLY AGREED By and between the parties hereto that Subdivison (i) : Paragraph 3 .entitled "Duties of Chamber Under This Agreement" is hereby stricken and in lieu thereof a new subdivision (i) is inserted as follows: (i) It is further agreed that the Shakopee Area Chamber of Commerce will build and own the Visitor's Information Center/Convention Bureau referred to insaid agreement of November 4, 1986 and may subsequently move said building to an alternate site mutually agreeable, should the need arise, and the Shakopee Area Chamber of Commerce convenants and agrees that it will do all things to be done in accordance with said agreement of November 4, 1986, this Amendment thereto and the Lease Agree- ment between the City of Shakopee and the Shakopee Area Chamber of Commerce dated the day of 1987. IN WITNESS WHEREOF, Each of the parties hereto have caused this Agreement to be duly executed as of this day of ' ' , 1987. CITY OF SHAKOPEE, A MUNICIPAL CORPORATION This instrument drafted by By Julius A. Coller,II Its Mayor 211 West First Avenue Shakopee, Minnesota 55379 By - - - Its City Administrator By Its City Clerk SHAKOPEE AREA CHAMBER OF COMMERCE By Its President By Its Secretary STATE OF MINNESOTA ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of _, 1987 by Eldon Reinke, its Mayor, John Anderson, its City Administrator and Judith S. Cox, its City Clerk of the City of Shakopee, a Municipal Corporation of the State of Minnesota. Signature of Person Taking Acknowledgment STATE OF MINNESOTA ) ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1987 by , its President and by - its Secretary of the Shakopee Area Chamber of Commerce, a Minnesota corporation. Signature of Person Taking Acknowledgment Prepared and approved as to form this 21st day of April, 1987. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application from Damile, Inc. for Set-up and 3.2 Beer License DATE: May 5, 1987 Introduction and Background: The insurance and surety bond have been received and okayed by the City Attorney. The applications are now in order. Recommended Action: 1) Approve the application and grant a set-up license to Damile, Inc. at 2400 East Fourth Avenue beginning May 6, 1987. 2) Approve the application and grant an On-Sale Non- Intoxicating Malt Liquor License to Damile, Inc. at 2400 East Fourth Avenue beginning May 6, 1987. JSC/pss Ik- MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application from Damile, nc. for Set-Up License and On-Sale 3.2 Beer License DATE: April 29, 1987 Introduction The City has received application from Damile, Inc. for an On- Sale 3.2 Beer License and for a Set-Up License at 2400 East 4th Avenue (formerly Shenandoah Ballroom) . Background The application for the Set-Up License is in order and Council may act on it at this time. The application for the On-Sale 3.2 Beer License is not in order at this time, an updated memo will be on the Council table May 5th. JSC/jms City of Shakopee lI r POLICE DEPARTMENT N n F S p � r n'9Yasti.._ Y N 1—�� 476 Soalh Gorman Sae£t-=fM1+ SHAKOPEE, MINNESOTA 55379Gie' '4�-X%_ � ; Tel. 445.6666 =- - y� p LAY. �r , '5379 TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Damile, Inc. - 3.2 Beer License DATE: May 4, 1987 INTRODUCTION Damile, Inc. , Eugene David Mielke, President, and John Arthur Lenberg, Vice President, have applied to the City of Shakopee for a 3.2 beer license for a business known as The Inside Track at Shenandoah, 2400 4th Ave. East, Shakopee, Minnesota, phone/445-9551. BACKGROUND Applicant information identifies the licensees to be; Eugene David Mielke and John Arthur Lenberg III. An appropriate investigation was conducted by the Shakopee Police Department. No information was developed which would indicate the denial of a license would be appropriate. RECOMMENDATION Based solely on the facts provided during the course of the police investigation, and not having knowledge of other factors which may be considered, I recommend issuing a 3. 2 beer license to applicant known as Damile, Inc. _/O S£2 CL JO �2nFe-t MEMO TO: Mayor and City Council II h� FROM: John K. Anderson, City Administrator RE: Reciprocal Fire Service Agreement Between Shakopee and Eden Prairie DATE: May 1, 1987 Introduction Joe Ries has been working with the Fire Department officials in Eden Prairie to establish a Reciprocal Fire Service Agreement between the two cities. The agreement is similar to other reciprocal fire service agreements (with neighboring communities) . Background One of the key reasons that Eden Prairie is interested in a reciprocal fire service agreement with Shakopee is that Shakopee can assist them in serving some of the southern most parts of their community. The attached draft agreement has been approved by the City of Eden Prairie. The draft has one addition that the City of Eden Prairie has been notified about verbally. That is paragraph No. 5 on page 3. Eden Prairie has stated they will accept this addition to the original draft. Alternatives 1. Approve the reciprocal fire service agreement with Eden Prairie as drafted. Again, the agreement is similar to the agreements we have with other adjacent communities. 2. Modify the agreement as drafted. 3. Reject the proposed reciprocal fire service agreement with the City of Eden Prairie. Recommendation City staff recommends alternative No. 1. The City has entered in to numerous reciprocal fire service agreements (mutual aid agreements) to provide maximum protection. to Shakopee Citizens and the citizens of the reciprocating cities. Eden Prairie is the largest neighboring community to Shakopee and would be an excellent addition to the cities included in our mutual aid agreements. Action Requested Authorize the appropriate City officials to enter into the Reciprocal Fire Service Agreement with the City of Eden Prairie dated May 5, 1987. JKA/jms RECIPROCAL FIRE SERVICE AGREEMENT THIS AGREEMENT made by and between the municipalities of Eden Prairie, and Shakopee, said parties being municipal corporations of the State of Minnesota, WITNESSETH: WHEREAS, the said municipalities desire to make available to each other their respective fire-fighting equipment and personnel in the case of emergencies, and each of said munici- palities has legal authority to send its fire-fighting equipment and personnel into other communities. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1 . If one or more fires occur within the limits of either of the above municipalities, or within the limits of any territory in which either of said municipalities has contracted to furnish fire-fighting equipment and personnel, and the fire- fighting equipment or personnel of either of the municipalities executing this contract is, in the judgment of the chief of its fire department or in his absence his assistant or deputy in charge of its fire department, insufficient to control or extinguish the fire or fires, an "emergency" shall exist for the purpose of this agreement. 2. I£ an emergency arises, any of the persons who are entitled by paragraph 1 above to determine an emergency may call upon the fire department of the other municipality for - assistance. If all the fire-fighting equipment and personnel of one municipality is engaged in fighting fire, the chief or other commanding officer of the fire department of the other Page -2- municipality, is authorized to send equipment and personnel to the empty fire station to be available for call if required for any fire. It is the intention of the parties by this agreement to cooperate in the event of an emergency by making available necessary fire-fighting equipment and personnel from the nearest fire station and during such an emergency to re-arrange fire-fighting equipment of the parties so as to make the remaining equipment and personnel available for use in the event other fires shall occur anywhere .throughout the territory of these municipalities. 3. Upon receipt of a call for assistance as set forth in paragraph 2, the fire department of the parties hereto shall promptly dispatch at least one fire truck with the usual number i of personnel to assist in fighting the fire which has, caused the emergency or to render stand-by service as the case may be, provided that the fire department of neither of said parties shall be obligated to send its fire equipment or personnel beyond its boundaries if to do so would leave such municipality without any fire equipment or personnel available within its limits for service at any fire which might subsequently arise therein. In extreme emergencies, however, every effort will be made to re-distribute fire-fighting equipment and personnel so as to make it available for any additional fires which might arise during the emergency. 4. The fire-fighting equipment and personnel of any fire department assisting the fire department of the other munici- Page -3- pality in an emergency will immediately upon arrival at thescene of the emergency be under the command of the officer in charge of the municipality within whose boundaries the emergency is situated. 5. No charge will be made by either party forassistancerendered to another party under this agreement, except, for the cost of all fire eating.. uishing materials used in said call, - 6. Each party shall maintain insurance covering: A. Workman's Compensationandthe coverage of said policy shall extend to protect said firemen of said parties when engaged in the performance of duties under this agreement outside the boundaryof the party whose fire department he is a member, and B. Damage or injury caused by negligent operation of its fire department vehicles tothe extent of-not less than property liability, and not less than personal injury liability, the coverage of such policies extending to accidents which may occur while the said party's fire department is engaged in the performance of duties under this agreement outside the boundaries of said party. . 7. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to the person on account of failure of any party to this agreement to furnish Page -4- its fire-fighting equipment or personnel in response to a call for assistance from the other municipality. 8. No liability shall be incurred by the party who shall have summoned assistance under this agreement for damage to, or destruction of, fire-fighting equipment of the party rendering such assistance unless such damage or destruction shall be caused by negligent or malicious conduct of any officer or employee of the municipalities which have summoned such assistance. 9. Either party hereto may withdraw from this agreement by thirty (30) days written notice to the other. IN WITNESS WHEREOF, the said municipalites have caused this agreement to be signed in their respective corporate names by their respective duly authorized officers by authority of their respective governing bodies as of this day of 198_ CITY OF EDEN PRAIRIE BY: Its Mayor BY• Its City Manager CITY OF SHAKOPEE BY• Its Mayor BY: Its City Administrator BY: Its City Clerk TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: April 30, 1987 Introduction Request Council approval of the below listed interfund transfers which were made in fiscal year 1986 pursuant to council action for refunding the 1981 Improvement Bonds. Background The 1981 Improvement Fund had significant green acre assessment and it - became apparent that it would not have the cash to make the debt service payments required. In addition, the bonds carried a high interest rate. Council refunded the bonds to provide the needed cash and to lower the interest rate. About $41,000 in interest costs were saved by the refunding. Resolution No. 2664 authorized the sale of the refunding bonds and provided for the transfer from other funds to the refunding debt service fund of up to $90,000 in support of the refunding bonds. Currently I have transferred $19,592.37. The other transfers ($246,040.90, $363,974.86 and $18,172.88) are to move the assets of the refunded bonds debt service fund into the new debt service fund. Alternatives 1. Approve transfers in 1986. 2. Approve transfers in 1987. Recommendation Alternative No. 1. Action Requested Move to approve of the transfer of $19,529.37 from the 1972 Improvement Fund to the 1986A-81 Refunding Fund, $246,040.90 from the 1981 Improvement Fund to the 1986A-81 Fund and to move deferred assessments in the amount of $363,974.86 and developers deposits in the amount of $18,172.88 from the 1981 Fund to the 1986A-81 Fund. // Nl TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Revised Fire Service Agreement With Jackson Township DATE: April 30, 1987 Introduction Attached is a revised fire service agreement with the Township of Jackson. This document stems from a desire of Jackson's to change the billing method for fire calls. Background As a result of previous meetings, phone calls and a Council memo, the attached document contains the following changes from the existing fire service contract. The "standby fee" provision remains unchanged, but the hourly billing for fire calls is dropped. Instead, a flat fee (call out fee) for the year will be billed to the township along with the standby fee. The call out fee will be calculated by multiplying the average number of hours of service per year provided to Jackson over the previous three years times the fire dept hourly call rate. The payment schedule for the fees is changed from September of the current year and March of the following year, to July and December of the current year. This memo and a copy of the agreement is being sent to Jackson. They have a regular meeting set for May 19, at which time it is expected that they would act on the agreement. The revised agreement will save city staff time by eliminating the billings for each call. January 1, 1987 will be the effective date of the new agreement with credit given on the agreement billing for any hourly bills for 1987 for which the City has received payment. Alternatives 1. Status Quo. 2. Adopt new agreement. Recommendation Alternative #2. Action Recuested Move to authorize the proper city officials to execute a revised Fire Service Agreement with the Township of Jackson. FIRE SERVICE AGREEMENT THIS AGREEMENT Made and entered into this _ day of 19 by and between the City of Shakopee, a Municipal Corporation in Scott County, Minnesota, and the Township of Jackson, a governmental subdivision in Scott County, Minnesota, lying adjacent to the City of Shakopee. WHEREAS, The said Township deems it advisable to have available for the benefit of the residents of the said Township, services of the Fire Department of the City of Shakopee, and the electors of said Township have, pursuant to law, provided a fund for the establishment of such service, and WHEREAS, The City of Shakopee, by appropriate action, authorized its Mayor and its City Administrator to enter into a contract with the said Township of Jackson, for the purpose of furnishing such fire service. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE SAID CITY OF SHAKOPEE AND THE SAID TOWNSHIP OF Jackson, That, for a period of time as thereinafter set out, the Fire Department of the City of Shakopee will answer any and all fire calls for any area within said Township and will respond to such calls, unless otherwise engaged or unless prevented by reasons or causes beyond control of the City and its Fire Department, with suitable fire-fighting apparatus manned by at least three members of the Shakopee Fire Department who will render all assistance possible in the saving and preservation of life and property within said Township during the life of this contract. In consideration of said services, the Township of Jackson agrees to pay a stand-by fee to the City of Shakopee for such services each year during the life of this contract. The stand-by fee for the year starting January 1, 1987 will be $7,044.00. For subsequent years, the stand-by fee shall be Jackson Township's proportionate share of the costs of operating the City of Shakopee's Fire Department for that calendar year. Such costs will include the costs included in the City of Shakopee's General Fund Budget (less any salaries to be paid for actual fire calls (does not include officers salaries) and less any expenses for motor fuels and lubricants) and the Debt Service costs related to the Fire Department. The stand-by fee will be determined on the basis of each participating governmental unit's assessed valuation, including mobile homes, before the fiscal disparities contribution and before tax increment adjustments. The stand-by fee for each unit shall be that unit's percentage share times the total costs as described above. For the year starting January 1, 1987, the total costs shall be the costs contained in the approved 1987 General Fund Budget for the City of Shakopee and the approved 1986/1987 tax levy for the Fire Department debt service. The assessed value shall be the 1986/1987 assessed value as determined by the Scott County Auditor. The stand- by fee for each year will be adjusted to reflect actual costs of operation for the prior year. For subsequent years, the appropriate budget year, levy and assessed value will be used in determining the stand-by fee. As further and additional consideration, the Township of Jackson will also pay to the City of Shakopee a call out fee which shall be determined by multiplying the Fire Department hourly billing rate times the average number of fire call hours of service provided to the Township of Jackson over the previous three years. Each call is a minimum of one hour and the length of the call increases in one hour increments. The hourly billing rate for 1987 shall be $185.00 per hour and is designed to recover the variable cost of fuel and hourly wages. The hourly rate is subject to future adjustment by the City of Shakopee. The Township of Jackson will pay the total fee in two equal installments. For the year starting January 1, 1987, the payments will be due on July 1, 1987 and December 1, 1987. The total fee for each subsequent year will be determined in February by the City of Shakopee's Treasurer and notice of the total fee will be mailed to the Township of Jackson, along with a copy of the City's Fire Department Budget. IT IS MUTUALLY UNDERSTOOD AND AGREED, HOWEVER, Between the parties hereto that at times, weather and road conditions through the various seasons of the year can and will interfere with the rendering of such service, and the Department could also be previously engaged, and in which event failure to furnish the service herein agreed shall not be taken to be a breach of this agreement, nor shall the City be liable on account thereof. IT IS FURTHER AGREED THAT, as a further consideration for this agreement, the Township of Jackson for itself and its inhabitants will defend and hold the City of Shakopee harmless from any and all claims, actions or causes of action that might or could arise by virtue of the terms of this agreement and any failure, omission or malfunction hereunder. IT IS FURTHER MUTUALLY AGREED, by and between the parties hereto that this contract shall continue to be in force and effect unless either party serves the other party with a written notice stating the reason for cancellation six months prior to time the cancellation is to become effective. IN TESTIMONY WHEREOF, the City of Shakopee has caused this instrument to be executed by its Mayor and its Administrator by action of the City Council of the City of Shakopee; and the Township of Jackson has caused this instrument to be executed by authority of its Township Board by its Chairman and its Clerk. In the Presence of CITY OF SHAKOPEE, A MUNICIPAL CORP. by Mayor by City Administrator by City Clerk (SEAL) In the Presence of: TOWNSHIP OF JACKSON by Chairman by Clerk Memo To: John K. Anderson, City Administrator 12, ov From: Marilyn M. Remer, Personnel Coordinator Re: 1987 Payplan Amendment Resolution No. 2724 Date: April 30, 1987 Introduction The 1987 Payplan includes the wage schedule for the position of Deputy Police Chief as a result of Comparable Worth Implementation. Background Previously the Deputy Police Chief has been included in the Sergeant's Pay Agreement. Previous discussion allowed that the wage schedule for the Deputy Police Chief position be established as a part of the 1987 Non-Union Payplan but that the employee would continue to retain full Police Union benefits. This clarification of wage and benefits needs to be added to the 1987 Payplan Footnotes. Alternatives 1. Amend Payplan to clarify wage 6 benefits for the Deputy Police Chief position. 2. Leave Payplan as adopted. Action Reouested Offer Resolution No. 2724, a Resolution amending Resolution No. 2665 adopted the 1987 Payplan. it RESOLUTION NO. 2724 A RESOLUTION AMENDING RESOLUTION NO. 2665 ADOPTING THE 1987 PAYPLAN WHEREAS, the Shakopee City Council did pass Resolution No. 2665 adopting the 1987 Payplan, and WHEREAS, subsequent events and circumstances make it desirable to amend said Payplan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1987 Payplan is hereby amended as follows: The last page containing the footnotes for the 1987 Payplan is hereby deleted and replaced with the attached page. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of May, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of May, 1987. City Attorney 1987 Payplan Footnotes City Administrator - receives 38 increase 1/1/87 and moves to top step on anniversary date. Finance Director - receives 3% increase 1/1/87 and moves to top step on anniversary date. Police Chief - receives 38 increase 1/1/87 and moves to top step on anniversary date. City Engineer - receives 39 increase 1/1/87 and moves to Step 5 on anniversary date. City Clerk - receives 38 increase 1/1/87 and moves to Step 5 on anniversary date. Asst. Building Inspector - receives 38 increase 1/1/87 and moves to top step on anniversary date and receiving Class I Certification. Tech II - receives 38 increase 1/1/87 and no step increase until salary does not exceed appropriate step. Deputy Police Chief - Wage schedule is determined by 1987 Payplan but position is "grandfathered" to retain full Police Union benefits. Receives 38 increase 1/1/87 (top step). The City Administrator, Asst. Bldg. Inspector, Custodians and Deputy Police Chief positions were not on the 1986 Payplan based on the Stanton Survey prior to Comparable Worth analysis and implementation. l _ MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer}fig. SUBJECT: 10th Avenue; Nonencroachmeent Agreement DATE: April 29, 1987 INTRODUCTION BACKGROUND: The attached Nonencroachment Agreement between the City of Shakopee and the Minnesota Department of Transportation must be executed to facilitate the expenditure of federal aid funds on the 10th Avenue resurfacing project. The attached Resolution No. 2714 authorizes the execution of that agreement. RECOMMENDATION: Adopt Resolution No. 2714. REQUESTED ACTION: Offer Resolution No. 2714, A Resolution Authorizing The Execution Of An Agreement Between The City Of Shakopee And State For Federal Aid Highway Improvement and move its adoption. KA/pmp RES2714 ,. ePAESOr4 O Z Minnesota Department of Transportation Transportation Building, St.Paul,MN 55155 ti rOF TRPLoS March 31, 1987 S 1 qua 612-296-9872 Ken Ashfeld Shakopee City Engineer ' b g�,Gv� 9 129 East 1st Avenue a X19 Shakopee, Minnesota 55379 In reply refer to: "`✓F� ~. Nonencroachment Agreement City of Shakopee Scott County Dear Mr. Ashfeld: We are enclosing two copies of a Nonencroachment Agreement which must be executed between the State of Minnesota and the City of Shakopee before an award of a federal aid contract can be made. This Agreement, when properly executed by all parties, is intended to cover all federal aid projects constructed within the corporate limits of the City of Shakopee. It is submitted at this time because S.P. 166-105-10, Minnesota Project No. M 5060(1), is being scheduled for a letting in the near future. Please arrange for the execution of the agreement by the Mayor and City Clerk. It will be necessary that the City Council pass a resolution authorizing the signatures of the Mayor and City Clerk to this Nonencroachment Agreement. Please return both copies of the agreement with certified resolutions. We will return one fully executed agreement for your files. Sincerely, John D. Petrich State Aid Urban Programming Engineer Enclosures: (2) Nonencroachment Agreement cc: William Crawford-C.E.Weichselbaum, Dist. 5 File - 420 JDP:jmm An Equal Opaarmnn,Employer RESOLUTION NO. 2714 I �� A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND STATE FOR FEDERAL AID HIGHWAY IMPROVEMENT BE IT RESOLVED, that the City of Shakopee as a condition of the receipt of Federal funds for the construction, reconstruction or imporvement of any Federal Aid Street or Highway within the City enter into an agreement with the State, a copy of which is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they hereby are authorized to execute said Agreement for and on behalf of the City. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk Apprzved `as,, to form this day of 1987. City Att#t ney Mn/DOT 30721A (12-79) AGREEMENT BETWEEN MUNICIPALITY AND STATE FOR FEDERAL-AID HIGHWAY IMPROVEMENT THIS AGREEMENT made by the City of Shakopee Minnesota, hereinafter called the "Municipality" with the State of Minn- esota, hereinafter called the "State", WITNESSETH: WHEREAS, the United States Government, through the Federal Highway Administration of the U. S. Department of Transportation does apportion Federal funds for the construction, reconstruction and improve- ment of highway projects on approved systems of public roads, and WHEREAS, said approved systems within the limits of a Munici- pality are now or may be eligible for the participation of these Federal funds in their improvement or construction, and WHEREAS, the Federal Highway Administration as a condition to the use of Federal funds on approved Federal Aid Projects requires the agreement of the Municipality to control road signs, traffic control de- vices, advertising signs, miscellaneous installations, speed and parking. NOW, THEREFORE, THE Municipality in consideration of the ex- penditure and use of Federal funds for the construction, reconstruction or improvement of any Federal Aid Street or Highway within the limits of the Municipality agrees with the State as follows: (1) No signs, traffic control devices or other protective de- vices shall be erected on any Federal-Aid project within the Municipality limits except as shall conform with the current Manual on Uniform Traffic Control Devices for Streets and Highways of the State of Minnesota. -(2) All right-of-way within the limits of the Municipality on any Federal-Aid project shall be held and maintained inviolate as a pub- - 1 - lic highway and no posters, billboards, roadside stands, curb pumps, curb JZ' service devices or other private installations other than utilities of Public interest and no signs, other than traffic control or protective de- ices shall be permitted within the right-of-way limits of the projects. The Municipality will with respect to such items as are within its juris- diction which may be or cause an obstruction or interfere with. the free flow of traffic or which may be or cause a hazard to traffic, or which may vitiate the usefulness of the project, shall remove or cause removal of the same at the request of either the State or the Federal Highway Administrator. (3) The speed limits on any Federal-Aid project shall be not less than 30 miles per hour. (4) The Municipality shall by ordinance and continued enforce- ment prohibit all types of parking except parallel parking on any project financed in whole or in part with Federal funds. The City agrees that the State may enforce the provision by an action for specific performance, mandamus, or other appropriate remedy and by withholding any funds due the Municipality in possession of the State. Dated this day of 1907 CITY OF SHAKOPEE RECOMMENDED FOR APPROVAL BY Mayor Attest: State Aid Engineer Data City Clerk APPROVED AS TO FORM AND EXECUTION STATE OF MINNESOTA By Commissioner of Transportation DATE DATE (Submit in Duplicate) - 2 - (SEAL) MEMO TO: John K. Anderson, City Administrator I� FROM: Ray Ruuska, Engineering Coordinator / d SUBJECT: 2nd Avenue Parking Lot Reconstruction, Project No. 1985-4 DATE: April 29, 1987 _ INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 2nd Avenue Parking Lot Reconstruction project. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. The Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No . 2718, A Resolution Accepting Work on 2nd Avenue Parking Lot Reconstruction and Storm Sewer, Project No . 1985-4 and move its adoption. RR/pmp RES CERTIFICATE OF COMPLETION CONTRACT NO. : 1985-4 DATE: April 15, 1987 PROJECT DESCRIPTION : 2nd Avenue Parking Lot Reconstruction Storm sewer and Supplemental Contracts 1 and 2. CONTRACTOR: Valley Paving, Inc. 8800 13th Ave. E. Shakopee, MN "55379 ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . $ 124,185.40 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ 736.29 FYXgmygER NO, No•THRU NO. _ AMOUNT , . . $ $ 7 0.00 supplemental ContractNo. 2 14,217.00 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 147,844.79 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 147,105.57 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 739.22 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, Professio l Engineer RESOLUTION NO. 2718 A Resolution Accepting Work On The 2nd Avenue Parking Lot Reconstruction And Storm Sewer Project No. 1985-4 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 17, 1987, Valley Paving, Inc. , 8800 13th Avenue East, Shakopee, MN 55379 has satisfactorily completed the. 2nd Avenue Parking Lot Reconstruction, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 739.22, taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 19 Mayor of the City of Shakopee ATTEST: I City Clerk Approved as to form this day of , 19 _. City Attorney MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk ll�/ RE: Resolution of Disclaimer V DATE: April 29, 1987 Introduction I have received a request to sign a Certificate of Non-Use for Prairie Street lying North of Bluff Avenue. Prairie Street is not now open and it appears that it has never been opened. The City cannot go through the statutory vacation proceedings because there is no street to vacate. I have checked with Shakopee Public Utilities and there are no utilities within Prairie Street North of Bluff Avenue. Mr. Coller has prepared the attached Resolution of Disclaimer for Council' s consideration. After adoption of the resolution the Certificate of Non-Use may be executed. Alternatives 1. Adopted the Resolution of Disclaimer. 2. Do not adopt the Resolution of Disclaimer. Recommendation Alternative No. 1, adopt the Resolution of Disclaimer. Action Recommended Offer Resolution No. 2721, A Resolution of Disclaimer, and move its adoption. JSC/jms RECEIVED APR 2 7 1967 ALTON LAW OFFICES VALLEY PROFESSIONAL BUILDING 287 MARSCHALL ROAD CITY OF SLI.4KOPEE P.O. BOX 282 SHAKOPEE, MINNESOTA SS379 612-4157470 Formerly Manahau &Tucker BRIAN D. ALTON John M. Manahau, of Counsel MARY S. ALTON April 23, 1987 Judy Cox Shakopee City Clerk 129 1st Avenue East Shakopee, MN 55379 Re: Non-Use of Prairie Street r Dear Judy: Enclosed please find the Certificate of Non-Use Jake Manahan drafted . I met with Mr. Coller yesterday and , as you can see, he has endorsed it. Please let me know what our next move is. \� Sincerely, \ ALTON LAW OFFICES Mary S,,Alton MSA/ds Enclosure CERTIFICATE The undersigned hereby certifies, on behalf of the City of Shakopee, as follows: 1.) That she is familiar with the following described property, hereinafter referred to as the "subject property"; Starting at the Southeast corner of Lot 6, Block 17, East Shakopee, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Scott County, Minnesota; thence East 60 feet parallel to the North line of Bluff Street to the Southwest corner of Lot 1, Block 23, East Shakopee, thence North along the West line of Lot 1, Block 23, a distance of 110 feet; thence West to the northeast corner of Lot 6, Block 17, East Shakopee, thence along the east line of said Lot 6, to the place of beginning. 2. ) That the subject property is located within the plat of East Shakopee, which is recorded in the office of the Scott County Recorder, dated December 13, 1856. 3.) That there is no evidence that the subject property was ever used as a public roadway, it being understood that the subject property is a part of Prairie Street as set forth in said plat. 4.) That the City of Shakopee does not now claim any public interest in the above-described property for street or roadway purposes. Dated: City Clerk Approved as to form: r� City Attorne Drafted by: �� John M. Manahan Attorney License 67088 Attorney at Law 287 Marschall Road Skakopee, MN 55379 , i t� 1 1 1 1 Vic OWO" i s _ 9 ° 9 o,_L_J L f�l L_9o_y t_j i It _ °;9 r3°,i—sl Ir O I0 n II RESOLUTION NO. 2721 /-Ai RESOLUTION OF DISCLAIMER WHEREAS, the following described property is located in the Plat of East Shakopee, Scott County, Minnesota, which plat has been on file and of record in the office of the Scott County Recorder and the predecessor office of the Register of Deeds of Scott County for more than 100 years last past, and WHEREAS,saidple£delineates a street north of Bluff Street and described as follows: Starting at the Southeast corner of Lot 6, Block 17, East Shakopee, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Scott County, Minnesota; i thence EAst 60 feet parallel to the North line of Spring Street to I the Southwest corner of Lot 1, Block 23, East Shakopee, thence North along the West line of Lot 1, Block 23, a distance of 110 feet; thence West to the northeast corner of Lot 6, Block 17, East Shakopee, thence along the east line of said Lot 6, to the place of beginning, and WHEREAS, said street is not now open and there is no evidence that the subject property was ever used as a public roadway and is not now so used. THEREFORE, BE IT RESOLVED. BY THE Shakopee City Council that the City of Shakopee does not now claim any public interest in the above described property for street or roadway purposes and is not now using the same for said purpose. Passed in session of the Shakopee City Council held this day of 198 Mayor ATTEST: City Clerk Prepared and approved as to form this 3rdof December, 1986. 2L� a441 Ju A. Collar, II Sha opee City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Upper Valley Drainage Project DATE: April 29, 1987 INTRODUCTION: The City of Shakopee is requesting Mn/DOT to participate financially inthecost of the Upper Valley Drainage Project based upon benefit to the T.H. 101 Shakopee Basin Project. Attached is Resolution No. 2723 which formally makes that request. BACKGROUND: There has been considerable discussion between the City and Mn/DOT on this project. Attached is a letter from Bill Crawrofd, District Engineer, concurring with our claim of benefit to Mn/DOT and indicating their willingness to participate. Bill needs a resolution of Council to program the project in their Special Agreements Program. That resolution is attached for Council consideration. From our discussion with MN/Dot staff, it appears that this Cooperative Construction Project could delay construction for a couple of additional months while cooperative agreements are drafted and executed. The urgency of the Upper Valley Project is such that the need to begin construction immediately is not necessary. State law does not provide for us to construct the project now and gain reimbursement from Mn/DDT when they build the bypass. Therefore , I recommend cooperating with Mn/DOT through their Special Agreements Program. Hopefully the Upper Valley Project will be under construction by late fall, 1987: Alternatives: 1 . Adopt Resolution No. 2723 , and work toward a cooperative project with Mn/Dot. 2. Do not adopt Resolution No. 2723 and do not work toward a cooperative project with Mn/DOT. REQUESTED ACTION: Offer Resolution No. 2723, A Resolution Requesting The State Of Minnesota To Participate Financially In The Upper Valley Basin Drainage Project, and move its adoption. KA/pmp COOP ��NN�r4 Minnesota �° yo Department of Transportation District 5 2055 No. Lilac OF TPpaZ�x Golden Valley, Minnesota 55422 (612)593- 8403 April 10, 1987 Mr. Ken Ashfeld, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, MH 55379-1376 HE: Storm Drainage Facilities for T.H. 169/101 Bypass S.P. 7005-42 (T.H. 101) Dear Mr. Ashfeld: This letter is in response to your letter to me dated December 29, 1986, and the followup meeting you had with Ellen Gavlinski and Tim Johnson of my staff on March 20, 1987. Since the Shakopee Bypass is listed in our construction program (first stage scheduled for letting on November 18, 1988), we agree to your request that Mn/DDT participate financially in the development of the proposed drainage improvement. We agree that the proposed improvement will benefit our highway development. We understand that Mn/DOT's share is approximately $172,600 based upon your preliminary calculations. We further understand that the total cost of your project is approximately $3.6 million and that you would like to start construction as early as this fall. Please obtain a resolution from the City Council indicating the City's intention to make certain improvements and requesting State cost participation in the City project. The resolution should state the type and limits of the desired improvement and other pertinent details. When we receive the resolution, we will request programming of our share of the project from our Program Management Division for placement in our Special Agreements Program. You asked that we outline a basic procedure for all this to happen. Attached is a copy of pages 34 to 40 of our Mn/DOT Policy and Procedures for Cooperative Construction Projects with Municipalities. I believe this should answer most of your questions. Contact persons at Mn/DOT are as follows: 1) Chuck Weicbselbaum, District State Aid Engineer, Telephone: 593-8408. He will handle the administrative aspects of this project for Mn/DOT. 2) Ellen Gavlinski, District Hydraulics Engineer, Telephone: 593-8504. She will handle hydraulic design questions, review the completed design, and assist in the calculations of the cost sharing percentages. An Equal Opportunity Employer .®rssc Mr. Ken Ashfeld April 10, 1987 Page Two 3) Tim Johnson, District Final Design Engineer, Telephone: 593-8503. He is the Final Design Project Manager for the Shakopee Bypass and will help in the coordination of the City and State projects for full compatibility. If you have any further questions, please contact Chuck Weichselbaum. Sincerely, ord' P.E. District Engineer �.. Attacbmeut ' AD co J J Q ¢ Z ¢ v Fr LU I r r ¢ a } < i C3 J J m J J W ¢ O Z' Qr r J Y Q Z f� i Z I H 0 y W Q 4 C ¢. y r > J } X N O ¢ a w ¢ ¢ >L i p W co LU O O O Z O O _ �~ LL, N m m m o m N m u co j EL of i 7 i. O / \� EXHIBIT A RESOLUTION NO. 2T23 Y— A Resolution Requesting the State of Minnesota To Participate Financially in the Upper Valley Basin Drainage Project WHEREAS ; the City of Shakopee has identified various drainage basins; as indicated in the attached Exhibit A, that requires certain storm sewer improvements; and WHEREAS; the City intends to provide for storm sewer improvements to the Upper Valley Basin during the 1987-1988 construction season at an estimated cost of $3.0 million; and WHEREAS; the proposed storm sewer improvements will benefit and assist in the drainage of the T.N. 101 Shakopee Bypass scheduled for construction from 1989 to 1992, NOW, THEREFORE, BE IT RESOLVED BT THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA that the Minnesota Department of Transportation and the State of Minnesota is hereby requested to participate financially in the Upper Valley Basin Drainage Project. BE IT FURTHER RESOLVED that the estimate of the State participation is $172,600 but that the final participation amount will be determined by hydraulic analysis approved by the City of Shakopee and the Department of Transportation. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this - day of 19 City Attorney _ /3� MEMO To: Mayor and City Council FROM: Judith S. Cox, City Clerk Cf--- - RE: 250 Admissions Tax DATE: May 1, 1987 John Leroux called this afternoon and asked that I advise council- members that it appears that the 250 admission tax will be introduced in the House of Representatives on Wednesday morning. This information comes from Walt Wittmer and his lobbyist. _ I£ you have any questions, call John Leroux. j Draft April 27, 1987 1. Funds raised by the proposed admissions tax on major amusement facilities shall be spent on county roads and bridges on routes which directly or indirectly carry traffic to and from the major amusement facilities in Scott County, further defined as those projects listed on Atach�ment A. `Nc„.y) , 2. The first priority for use of the admission tax shall be to match funding from Hennepin County and/or State of Minnesota for design, engineering and construction of the Bloomington Ferry Bridge Project and related interchanges Von the Scott County side. 4;./- , /�yV4 3. The County shall continue to fund its Five Year Road and Bridge Improvement Program based upon county road improvements required throughout the County. 4. The intent of this provision is that the allocation of projects in the five-year program shall not be adversely affected by the raising of funds through an admission tax, but nothing in this provision shall limit the acceleration or deceleration of the five-year program on a county-wide basis by the Board of Commissioners. l3 � MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Stan Pint Building Permit Application DATE: May 5, 1987 Introduction• Mr. Stan Pint has applied for a building permit to construct a house on Lot 8, Block 2, Hauer' s 3rd Addition. Because the site is affected by the vacation of 13th Avenue in Hauer's 3rd Addition, and dedication of Onyx Drive in Hauer's 4th Addition, I cannot issue the permit without special authorization from the City Council. Background• Mr. Pint' s lot abuts the previously platted 13th Avenue in Hauer' s 3rd Addition which is being vacated to allow replatting of the street known as Onyx Drive in Hauer's 4th Addition. In the old plat 13th Avenue had a 80 foot right-of-way and required a 40 foot setback because it was designated a collector street. With approval of Hauer' s 4th Addition the right-of-way will be 60 feet requiring a 30 foot setback. This change provides an additional 20 feet of buildable area to the lot. Mr. Pint wishes to construct his house in conformance to the new setbacks. Because the vacation has not been approved and filed with the County and Hauer' s 4th Addition has not yet been filed, I can not issue the building permit. Alternatives- 1. Require Mr. Pint to wait until the vacation of 13th Ave. has been approved and filed with the County and until Hauer's 4th Addition has been filed with the County before issuing the permit. 2. Authorize City staff to issue the building permit requiring the applicant to sign a waiver indicating that he will conform to all City Codes should the street vacation and plat not be filed. Action Requested: If the City Council decides to follow alternative 1 no action is required. If the City Council selects alternative 2 a motion authorizing City staff to issue the permit upon signing of a waiver agreement is required. PETERS, PRICE & SAMSON LAND SURVEYORS, LTD. 12400 PRINCETON AVENUE SOUTH. SAVAGE, MINNESOTA 55378. 612890-9201 Cerf fIcate Of Survey For STAN BRINKHAUS Gs�.v p 152, H, Y t \ aL mIZ50o s J z \ oor I TD2 -3�� 1 30 3a1�� oivvx oRzvE�4,. o N 89',T9',y0'W - Stw.99 Tep C31eck and T,p B.M. (NY�,,,T) Bearings are assumed 991. 1 Denotes existing elevation - Denotes iron monument '19c.D Denotes proposed elevation PROPERTY DESCRIPTION La 7 7 SCOTT COUNTY, MINNESOTA. WO Nsr"candy mat INS k a true aw eorrect rwraeantatm of a wrwy of the oo Moat es of Me afore oascrtoe0 ww.ane of Me loc 1=of all wil ,tqs ma,r . at,(1 all vm, •r,c(paCnmanls.X any, from w.Yio ww. AawrwyWDyualn%_yyol tB_ S. Wi Sota LL rt&& No.