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HomeMy WebLinkAbout07/07/1987 MEMO TO: ; Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: July 1, 1987 1. The Shakopee Youth Baseball and Softball Association is renewing its gamblimg license at the Pullman. They meet the requirements of the City Code. They will not be selling behind the counter, but instead will have their own booth and will hire their own personnel. 2. The Assistant City Attorney, City Clerk and I discussed the need for a court reporter at the July 28, 1987 public hearing (to determine whether or not the Scott County Historical Society was in violation of the conditions of the ordinance conveying the land to Murphy's Landing) . We concluded that a court reporter was not necessary. I£ you do not concur please contact me so that we can discuss this at the Council meeting. 3. Attached is an anonymous letter to Councilmembers. Since Councilmembers receive all letters I chose to present this to Council as an informational item because it was unsigned. The violations have already been inspected by our Weed Inspector and Code Enforcement Officer. It appears that this is more of a neighborhood fued than a real problem. 4. Attached is the letter LeRoy Houser sent to Mr. Wiggin regarding his abandoned four plex. Mr. Wiggin has pulled a % building permit and has started work. 5. Attached is a memorandum from the Building Department regarding their intentions to provide Council with a draft ordinance regarding grills and barbeques in multi-family buildings. 6. Attached is a memo from Tom Brownell regarding the City's accident roadway clean up procedure. If you have any questions please contact Tom. 7. Attached is a memo from Gregg Voxland regarding debt service for $4,200,000 TIF Revenue Bonds. 8. Attached is a letter from Bob Britz, Chairman of the lst Annual St. Marks Julifest Runs July 26th. The Chief of Police has OK'd the run route. 9. Attached is a letter from the Backstretch RV Park and Campground regarding the City's placement of the 3% lodging tax on campgrounds. The letter has been forwarded to Jack Coller to deal with. As additional legal developments occur we will keep Council informed. 10. Attached are two letters to update Council on the status of damage claim filed by Melvin Lebens against Don Lind Blasting, the subcontractor on the Holmes Street Storm Sewer Project. As you can see from the letter supplied by the insurance company and Mr. Lebens' letter they are still far apart. As additional correspondence is made available we will provide copies to Council. 11. Attached is the monthly calendar for the month of July. 12. Attached is the monthly engineering report for the month ending June 30, 1987. 13 . Attached is a belated response from Representative Bill Frenzel to our letter regarding federal medicare legislation. i' 14. Attached is a letter sent by he League of Minnesota Cities regarding a memorial fund be ng set up for the education of Jim Lacina s c ildren. Councilmembers may respond individually if t ey are so nclinded. 15. Attached are two article from the recent AMM newsletter that I felt were o parti ular interest to the City of Shakopee. The firs deal with Fiscal Disparities and the second with review of�'majo regional facilities by the Met Council. 16. Attached is a copy of the Scott County Transportation Coalition newsletter for ne, 1987. \ 17. Attached is an informatio al brochure from the Scott County Library System. 18. Attached is a copy of th League of Minnesota Cities Mission Statement that came with our bill for annual dues. 19. Attached are the minute of -the June 5, 1987 meeting of the Shakopee Coalition, 20. Attached are the minute of the June 15, 1987 meeting of the Shakopee Community Rea : ation. 21. Attached are the minutes of the June 10, 1987 meeting of the Downtown Ad Hoc Committee. __��----At1:as-,k�s?a.<e hhA..c'�.L•6E.r=_,�.r -`__.98�rMPt'j�'i. Industrial Commercial Commission. 23 . Attached are the minutes of the June 4, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 24. Attached are the agendas for the July 9, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. JKA/jms 10. Attached are two letters to update Council on the status of damage claim filed by Melvin Lebens against Don Lind Blasting, the subcontractor on the Holmes Street Storm Sewer Project. As you can see from the letter supplied by the insurance company and Mr. Lebens' letter they are still far apart. As additional correspondence is made available we will provide copies to Council. 11. Attached is the monthly calendar for the month of July. 12. Attached is the monthly engineering report for the month ending June 30, 1987. 13. Attached is a belated response from Representative Bill Frenzel to our letter regarding federal medicare legislation. 14. Attached is a letter sent by the League of Minnesota Cities regarding a memorial fund being set up for the education of Jim Lacina' s children. Councilmembers may respond 1 individually if they are so inclinded. 15. Attached are two articles from the recent AMM newsletter that I felt were of particular interest to the City of Shakopee. The first deals with Fiscal Disparities and the second with review of major regional facilities by the Met Council. 16. Attached is a copy of the Scott County Transportation Coalition newsletter for June, 1987. 17. Attached is an informational brochure from the Scott County Library System. 18. Attached is a copy of the League of Minnesota Cities Mission Statement that came with our bill for annual dues. 19 . Attached are the minutes of the Junes, 1987 meeting of the Shakopee Coalition. 20. Attached are the minutes of She ,Jmne-L5 . -- 9E7_ meet;sa of the Shakopee Community Recreation. 21. Attached are the minutes of the June 10, 1987 meeting of the Downtown Ad Hoc Committee. 22. Attached are the minutes of the May 6, 1987 meeting of the Industrial Commercial Commission. 23. Attached are the minutes of the June 4, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 24. Attached are the agendas for the July 9, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. JKA/jms 6 - 25 - 87 To The Mayor and Council Members Of City Of Shakopee Attach A Blitz In Mpls. This is a note from Concerned Tax Payers Home Owners On Fuller St. And Atwood St, We trust you have Ordinances But why are they not 'enforced, One Junker Rusty yellow Pick Up Truck One Head Lite Missing Parked on West Shakopee Ave, For Weeks And not moved. What an eyesore --With increased Real Estate Taxes We are ending with less Protection and Respect. To top it of the owner of this pick Up is a Instructor in the School Dist. Drivers Trainer Progam This is a Disgrace to the Neighborhood, ---At Least in Mpls. the Junkers are Parked in the Alleys or back yards. And another !question Weed Inspector -- The Most Disgraceful Yard for the Past Years of the sorrou$ding 100 Homes Located at 828 Atwood St. Increase The Taxes - and Permit The Upkeep Of Property to go down the drain. If we do not have an improvement in the Near Future the next Report will be A SINGED PETITION ------- ACTION -__ 4 CEIVE JUN 2 61987 CITY OF Ai#�" . speotolrs blitz a neighborhood Dennis J.McGrath yard, garage, junk car, garbage can By the end of May the squad had Ing Ne eflorn of cry agencies and ff Writer and overgrown weed. written 1,058 violations. more than strictly enforcing property ordi- 13 times as many orders as were mines. .t month a squad of Minneapolis Then they threw,the role book at the written in Regina-Field during May pectors conducted a blitz of the entire 74-square-block area. 1986. "We're not out there because we're pria-Field neighborhood in the angry and want to fine people." said ith central part ofthe city. For every house that needed repair. The inspectors, drawn from six city Lucy Gerold, community crime pre- for every weed that had grown too departments, constitute the advance venuon director. "We're out there -7 went door to door and up and high and for every garbage nae that team in the city's battle against because we want things to improve." xm every alley in the middle-m- had lost its lid, inspectors wrote a neighborhood problems. They are ne neighborhood until they had citation. testing a plan to Spruce up a neigh- :mined virtually every house,back borhood's appearance by coordinat- Inspection Continued on page 6A >• • Monday/June 22/1987/Minneapolis Star and Tribune Inspection Regina-Field Continued from page IA Neighborhood Clifton Grant was w happy that the . appearance oC his mr ghborhood atrE, 46thSt. C2�d St. 47th St. and m Av. i had, indeed, improved that he wrote a S25 check 0 U . 43rd S1, Cr mer Council Member Steve is Cramer with a note than him "forajob well don,.' said he y4;h 51. v 0accepted the money as a campaign 5 donation. . 5th St. > W0The council member was amongw <thou caught in the dragnet. Cramer46th St. rnwas cited for allowing bushes to over-hang the alley behind his house. "Ito E. 47th St.was something I'd been meaning togetto," .mid Cramer. "I snapped to �when I got cited." y F. 481h St.<The squad has left the Regina-Fieldm E. 43th Stneighborhood and.is giving residentst.time to correct the violation, whichdo not include fines unless the prop- erty owner fails to fix the problem.This month it is wonting the streets o .. _ and alleys of the Hawthorne neigh- StradT�re .� boyhood in north Minneapolis. block. Thou numbers explain why If this two-month pilot project is junk cars were third—behind hour deemed successful, and city officials ing maintenance and crime—on the are already lauding the effort, then a list of resident complaints received in `s Permanent squad probably will be 1986 by Cramer and Sayles Belton. $" assembled to tackle one neighbor- r hood after another. The majority of orders (650) written by inspectors were for environmental Ipp The neighborhood livability pro- violations — weeds taper than 8 Staff Photo by Duane Braley gram,officially called the Coordinat- inches and loose rubbish, said Thor- cd Neighborhood Action Plan, is the stenson. Health Department inspec- City inspector Debbie Gerdeman wrote a report on an abandoned ho council's response to Concerns amongg ton cited 170 people whose garbage in north Minneapolis. Minneapolis residents and elected of- cans had no lids, a common viola- ficials that the quality of the city's tion that the department usually ig- cy,has joined the Regina-Field crack- percent of the houses more than neighborhoods is deteriorating notes because ofa lack of manpower. down by investigating two houses years old. Twenty-five Percent "We're reasserting and reestablishing There also were 408 citations for where drug dealing has been suspect- them are listed in poor condie a ri orous standard for the upkeep of structural ed and by trying to stifle noisy parties and a most residents are renters. g P p. problems, 80 percent of and other annoyances. property in the city," Cramer mid. which were for garages that needed "Mo-in the keeping It's about time we did it-- repairs or painting. The remainder Hawlhi me was Chown as the second g Brass and k ing h Were for houses. but generally in- neighborhood for the lot ba," m cans is not high on the ag Regina-Field was selected for the 86 Pi project da;' said Hilary, who attributed lotpe volved minor improvements such as because "It's a pretty bad shape;' problem he a lack a home own neighborhood, project because it is a amble painting the trim. said Council Member Sandra Hilary, shin. "When you see the people among reside but there are fears who represents the area. effect ofa whole bunch of people among residents that problems may were citation was written for rats that Caring about it, you see that it to soon seep in o from poorer areas to the were viable in a back yard, but oth- It's an older neighborhood, with 70 out to be quite a mess.' north,city officials said. erwise the neighborhood had no seri- tc .-nncisrz nrimanly of single- y ous sanitary problems. said Dave Tamil Nordme er, the Health Department houses, most or wmcn were uuw wyo..w. u,:••,„.�.,,........ between 1910 and 1939, and 90 per- cent of which are considered to be in For all the citations, there have been good condition, according to Plan- surprisingly few complaints, said 15 p Department figures. less than Cramer.ac "Even those folks who were IS percent of residents in the neigh- cited acknowledged that it was some- bomood are renvrs thing they should have gotten around m,and the citation is sort of spurring "Even though most people were bress-or- them on,”he said. hood.t happymiss with the ndghbor- hood,there is some growing tensois- The cooperative response by sable faction;' said Tom Thorste spec- dents already has resulted in a visible deputy director of the city's to see improvement to -in the neighborhood, tions department."We wanted to see according to use fora members who if we could make an impact on a toured it last week.Only one junk car fairly stable neighborhood." was spotted and there were many TV signs that people wereacting on the Before inspectors descended on Regi. citations. meet-Field,Cramer and Council Mem- ber Sharon Sayles Belton, who also As a result of the program, city offi- represents part of the neighborhood, cials learned of an elderly woman sent a letter to residents warning of whose house had become filled with the impending crackdown. Depart- clutter. The problem was discovered mens heads involved in the program by an observant housing inspector also toured the neighborhood to view who noticed furniture and other it before the inspectors went to work. items in her back yard. "In Regina-Field,you could drive up The house had become so cluttered and down the streets and from the since the woman's husband died nine front everything looks pretty good," years ago that the dining room pile said Assistant City Coordinator Bob reached the chandelier, the fireplace Moffitt,who is organizing the livabil- was blocked and the woman moved ity project"But when you go back in through the house via narrow pas- the alleys,it's like people have forgot- sages.Health officials enlisted the aid ten about the rear part of their lot" of the Minneapolis Age and Opportu- nity Center. For seven weeks center One of the most surprising discover- workers have been helping the wom- ies was the number of junk cars in an clear out her house. the alleys and back yards, officials said.Inspectors found 107 inoperable The Police Department, through the cars, or nearly 1.5 junk cars per Community Crime Prevention agen- PO 114S, 9 CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 553711,1376 (6121"53650 ' r May 26, 1967 t Mr. Richard Wiggin 2151 W. 133rd St. Shakopee, MN 55379 Dear Mr. Wiggin: Please be advised the building located on Lot 1, Block 1, Minnesota Valley 5th Addition, is deemed a substandard, dilapidated building dueto abandonment and decay pursuant to the Minnesota Dilapidated Building Statute. The matter has been referred to the City Attorney for abatement of this condition. Pursuant to the aforementioned statutes, you have two options for abatement, they are as follows: 1. Secure new permits and commence within 30 days to complete this structure. 2. Raze the structure and haul the material to a secured landfill. I£ neither of the options are exercised within thirty days, condemnation will be started on this structure. Your cooperation is requested. Sincerely, YXer</I �u1r�-` LeII Houser Building Official LH:cah CC: City Attorney The Heart of Progress Valley MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Building Inspector RE: Proposed Ordinance Regulating Grills/Barbeques in Multi-Family Buildings DATE: June 17, 1987 The Building Department will begin compiling information for the above referenced Ordinance. We will; 1. Talk to Shakopee Fire Department Officials. 2. Talk to area Building Officials. 3. Talk to the State of Minnesota Building Codes Division. 4. Acquire copies of Ordinances now in effect in other municipalities. ii We expect to have a draft available by July 30, 1987. (In the event the State takes the initiative to develop an amendment to the Fire Codes, we would forego the Ordinance and enforce the new law. FS:cah TO: Mayor, Councilmembers FROM: Tom Brownell RE: Accident Roadway Clean-up DATE: June 18, 1987 INTRODUCTION Council meeting June 16, 1987, Councilman Wampach addressed the problem of the towing contractors responsibility to clean the roadway of debris resulting from a traffic accident. BACKGROUND A traffic accident occurred at the intersection of First and Holmes. A State Patrol officer investigating the accident directed the tow truck' s operator not to clean up debris as the traffic conditions were too hazardous for him to be on the roadway. Councilman wampach appeared at our office and Detective Bisek followed up on the incident resulting in the above information which was brought to the attention of a State Patrol supervisor and Councilman wampach was advised. It is also alleged that an accident occurred at Fuller Street and debris was not removed. It has been determined that the towing contractor was not called to the scene of this accident and therefore is not responsible for failing to remove debris. Both the City and State Patrol towing contracts require debris removal and the towing contractor is fully aware of the clause. In order to avoid a similar problem in the future, Shakopee officers have been advised to prohibit vehicular traffic in the effected area until debris has been removed. TO: Patrol Officers FROM: Tom Brownell RE: Traffic Accident Debris DATE: June 23, 1987 The issue of the towing vendor cleaning the roadway of accident debris was discussed at the last council meeting. The towing contract requires the truck operator to perform the service. Officers are to ensure that this service is completed and provide the necessary protection for the person cleaning the roadway. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Debt Service for $4,200,000 TIF Revenue Bonds (Informational) DATE: July 2, 1987 Introduction The first debt service payments for the track TIF bonds are due August 1, 1987, in the amount of $566,200. The first half tax settlement for District #4 (track) was $493,342. I have remitted the full amount to the trustee and borrowed the needed $73,000 from TIF funds on hand for District #1. This action was reviewed with bond counsel. As you will recall, part of the track facility is in District #4 and part is in District #1. There will be adequate TIF funds from District #4 in 1987 for debt service, we just did not receive enough in the first settlement to make the 8/1/87 debt service payments. The track has paid all the taxes due for the first settlement. They paid $1,071,321.33. Staff ha-A just found out that the county has taken the fiscal disparities contribution from TIF District #4, rather than from the city as a whole as was intended. As of this writing, we do not know how this happened, but will have report for Council later. 8 July 1, 1987 Shakopee City Administrator 129 First Ave. E. Shakopee, Mo. 55379 Dear Sir: This letter serves to inform you that July 26, 1987 has been set aside as our 1st Annual St. Marks Julifest Runs, a 5 mile and 2 mile event. Enclosed is a map of the course we will be running. Trafic control will be at main intersections. Also, three water stops will be provided. The Hospital is within one block - so medical will be close at hand. It is our expectation that the race will go off smoothly without complications. It is also our intent to clean up any cups or debris left from the participating racers. If you have any questions, please do not hesitate to call. A copy of the registration form with waiver is enclosed. Sincerely, 130-4 Bob Britz Chairman cc: Mayor Eldon A. Reinke City Council Members County Commissioners County Administration County Sheriff City Police City Administrator sTTMa1n S u setrmrrF ST. MARK'S JULI-RACE JULIFEST JUSTA BOUT FIVE MILE RUN Sunday, July 26, 1987 2 Mile and 5 Mile Run begins at 8:30 a.m. and 9:30 a.m. Pre-Registration Fee: $6.00 Registration Fee Day of Race: $8.00 Includes t-shirt, prizes & refreshments. Location: St. Mark's Church, Shakopee, MN (3rd Avenue and Atwood Street) Water stops after 2nd and 4th miles. Mile splits at 1 and 3 miles. Awards (by age group) 15 and under 20-29 40-49 16-19 30-39 50 and over All runs are open to males and females. Drawings for valuable merchandise at the conclusion of both races. Running Shorts by New Balance (Donated by Bill's Toggery, Inc.) 10 - $5.00 Gift Certificates (Donated by Lions Tap) Man's Money Clip (Donated by Real Gem) Pearl Earrings (Donated by Real Gem) And Many More Prizes. Pre-Registration entries must be received by Friday, July 17, 1987. NAME ADDRESS CITY STATE ZIP- PHONE I IPPHONE ( ) AGF SEX M F Race: 2 mile 5 mile T-shirt XS S M L XL Make checks payable to: St. Mark's fulifest PLEASE MAIL THIS FORM WITH PAYMENT TO: St. Mark's fuli-Race fulifest lusta Bout Five Mile Run 38771'slarschall Road, Shakopee, MN 55379 Incansidam iondthemrs,do hion"hoei I.thed all am stmifflo,neabethes oundbrmyuhoeeoowrenta os,from any am aoverote wnkiwm, di a'utars,am admini#razors,do hereby releauanyaM all spommsd[his na,aM their�eyesensagyes,wroeswrs,am assigns.from any am all liabilhyenwing(rom illreuarin- ama,mayatany sarewhdmyrynkipalyuse harece.lana aM vrmhoul memories,mynme,im, rpho,oiemlyzrai Mfar[he romplH ares,amxe.lalt,ame - arMagreethatanysmoothmaywbnaeorlateityomeIylsoa promotional Wrluses my name mohphialal,Ihavideadthe,nwsionpia mandmyatongsdmepar- ticiWsinB in this evens without odigazion or IiaGliry to me.I also mNersutd that entry fees I pay are swt re(uMable.I have read Ore bregdng am certiN my atonement by my signature below. 5Vasure Co-Signature' 'by parent or guardian:required if awlirznt is under 18 years ofage. (Duplicate this form for additional entries.) � n4 VS 4U CO AD 69 _ \ ` 1 1 11 / / I I / � 1• �� 1 i I 1 1 AD I ml oaa� c _l I � • r 1 1 ►= me I Ia ,/ —A�L L-1 �-/ SAu 8655 13th Avenue East /. RV PARK Shakopee, MN 55379 a CAMPGROUND (612) 4451044 RECEIVE-1 T/' A June 30, 1987 JUL 11987 /TArSo CITY OF SHAKOPEE C Gregg Voxland Finance Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Voxland Legal console has advised us that levying of the lodging tax on campgrounds is not within the parameters of Minn. Stat. 477A.018. Based on that interpretation we are withholding payments of said tax. Sincerely, VJVranae��mortel, President etch RV Park 4 Campground, Inc. JV/11 d 1 American „AUtUal Z Y OF UN22 7987a e ENGIN"," INSURANCE COMPANIES June 17,1987 ¢j SWiE 5 ^'TELC�ONC M6 2E 9« P 35 55C0 Melvin Lebens 538 West Fourth Avenue Shakopee,Minnesota 55379 RE: Melvin Lebens vs. Don Lind Blasting D/A: 7/7/86 File: 1-555-208801 Dear Mr. Lebens: I have previously written to you on April 20 and May 22,1987. To date I have not had a response to either one of those letters. As you may recall, I indicated to you that Anderberg Company did go back out to your building and do a revised estimate of the damages. Their new estimate was for $8,412.37. Enclosed please find another copy of that estimate. This estimate was only open for a period of 30 days. After that time, Anderberg Company does have the option to adjust the price for any increases in labor and material or project scopes. I am willing to send the Anderberg Company out to your building and have them do the work on their estimate. Before doing so, I do need your approval. We are most eager to resolve this matter, but, do need your cooperation to do so. Please contact me at: 612-944-5540 so that we can resolve this matter. If this matter is unacceptable to you, you must get back to us so that we know what we can do to rectify the situation. Thank you in advance for your cooperation in this matter. Sinc r�jel�y,!Represen / /"" cc: Ken Ashfield Lori Kelly / City of Shakopee Area Claim alive 129 E. First Avenue Shakopee,MN 55379 LK:rm Enclosure Jeanett Hentges S-M: Hentges & Sons P:O' Box 212 Shakopee,MN 55379 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY AMERICAN POLICYHOLDER''INSURANCE COMPANY AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON RFCF[vr-n GENERAL CONTRACTOR OAKLAND AVE. APR 2 1987 ESTABLISHED 19ta MINNEAPOLIS.MN 55407 azo-zoos FRONTIER ADJUSTERS MINNEAPOUS/ST.PAUL April 1, 1987 Frontier Adjusters, _ 970 Raymond, - St.Paul, Ym. 55114 Re: Labens Carpeting Donlind Blasting Carpany, 205-207 South Atwood Street, Shakopee, Mn. REVISED ESTIMATE REGWnC E PIDSION EX=OR EAST ELEVATION 49'x11'+36'x11' Scrape & prep block wall 935SF .25 327.25 Paint block wall 935SF .45 514.25 Paint windows 4ea 32.00 128.00 Reset A/C unit 50.00 NORTH ELEVATION 18'x11'+3'x11' Scrape & prep block wall 231SF .25 57.75 Paint block wall 231SP .45 103.95 Paint windows 4 32.00 128.00 EXCAVATE & SOD REPAIRS Excavate north & east wall to footings Labor & equipment 720.00 Backfill Replace sod as necessary Material 211.99 Labor & equipment 480.00 MASONRY REPAIRS (EAST ELEVATION & NORTH ELLEVATION) Inspect footings and foundation black j Replace cracked block and tuck point as necessary above grade /f Materials 150.00 Equipment -- pp gg 250.00 Labor (3 men - 3 days ��� -r.�eA/�.160.0 Debris removal & clean-up 0. Overhead & profit O��d7 72 00 P:IInnPM 2 � O VOTES: (1) Tree damage - undetermined (2) Footings and black foundation repairs - undetermined WINDOW REPAIRS Remove & reset windows to facilitate block repairs Labor & insurance 480.00 INTERIOR REPAIRS SHOW ROOM 16'6"x29'+8'x10'x8' Sheetrock repair walls 136SF Material 41.00 Labor 240.00 Reset window casing 7W Window repair Paint woodwork 7 29.00 203.00 _ Paint walls 1016SF .35 355.60 Tape sheetrcck Min. 125.00 Clean carpeting 559SF .22 122.98 SECOtO FLOOR APARTMENT Master bedrocn 12'x17'6"x8' Sheetrock repair balls 40.00 Paint walls 472SF .35 165.00 HALLWAY 4'x20'+4161lx7'6"x8' Plaster repair archway 35.00 Paint walls 484SF .35 169.40 LIVING ROOM & KITCHEN 17'6"xl9'+10'x14'6"x8' Plaster repair wall 30.00 Paint walls 720SP .35 252.00 TOTAL $8,412.37 F COP. APR zo Ian The above price will remain the same for a period of 30 duy:; from the date of the estimate. If after that time, an agree- ment has not been reached for the O.R.Anderberg Company to do the work, then O.R.Anderberg Company has the option to adjust the price for any increases in labor, material, or projnct scope. This estimate should be considered by the total amount. This amount will be negotiated on any additions or deletions and will be given to the owner by the estimator at the time of any changes. Upon written request by the owner, O.R.Anderberg Company will issue this price change in writing. Re :ectfull S bmit ed, G earneberg, Vic sitlent i GA/aw l Mel Lebens 538 West Fourth Ave Shakopee, MN 55379 ✓GN June 26, 1987X61 8 _ Er4 M1,pF 3ry 96j` American Mutual Insurance Co. RE: Lebens V. Li lasttii� �� g Suite 230 Braemer Office Park D/A 7-7-86 7900 West 78th St. File # 1-555-2 Minneapolis, MN 55435 Dear Ms. Blake: In receipt of your letters reiterating your eagerness to resolve the above referenced matter. All however, seem to have missed the central point at issue raised in my letter of February 24th. Let us understand a few basics. First, I have absolutely no intention to ever forfeit my right to select the contractor. Secondly, no settlement can even be entertained until all the personal stress, suffering, and expense related to this matter is properly and adequately addressed. A case in point: at the time of the explosion a young mother and her new born son were in the apartment directly above the blast, and your client wantonly neglected to even notify them of the real possibility that the structure itself might very well have collapsed on their heads ! For such is the rampantly cavalier attitude generally exhibited toward the interests, concerns, and disabilities of the citizenry, which permeates the entire structure of the public improvement process here in Shakopee. In my letter of February 24th I expressed the intention to commence litigation if "no substantially more realistic offer of settlement" was made before April 15th. (Raising the Anderberg estimate for essentially the same "band-aid" approach to the structural repairs, while ignoring all the other claims mentioned was scarcely what I had in mind.) But April 15th has passed and no action ensued because I was advised to avoid any further serious involvement in this case until the effects of my own unfortunate set-back at the public hearing last October have completely healed. When the suit is filed however, we will be seeking damages in the amount of $200,000.00. In the interim, if you are indeed sincere about settling this matter and choose to avoid the additional expense of litigation, then feel free to make your counter offer. S/iincce/rweel cc: Ken Ashfeld Mel Lebens 129 E First Ave 445 1532 Shakopee, MN 55379 Jeanett Hentges S M Hentges & Sons P O BOX 212 Shakopee, MN 55379 a K m o m rn � 033 m e 3 B m 3 m 9 • K No rn n o v p n n n n n o o r o ,. .. o r o 0 o p c o c o c n o c n y p Y •G O Y •C O Y '< 0 � E 9 U1 3 ~ 3 ~ 3 ~ ry a 3 ~ y K � F •• n • 0 0 O n O 3 O •p W � O "thy 9 3 m ] C m LGy9 K 9 K o � F,l 3o n 7 3 w o0 3 n R+ S a w V1 0 O O n O m H � � � H � d 9 K N � W F Ll 9 N J� MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Monthly Project Status Report DATE: July 2, 1987 Attached is the Project Status Report for the month of June. The following projects have been substantially completed last month. o Prairie House Addition 0 4th Avenue Project o Timber Trails 0 Parks Improvement Project The following projects are currently out for bid and will be presented for consideration on July 14. o Downtown Streetscape Project o Railroad Rubberized Crossing Material o Pavement Preservation - Overlays 0 Pavement Preservation - Seal Coat Bids have been received on the 13th Avenue ( C. R. 89 - East) Project and was awarded on June 30. Engineering is proceeding with plan development on the Marschall Road watermain. Feasibility reports are being presented to Council on July 7 for the VIP extension and 13th Avenue (C.R. 16 to C. R. 17) . KA/pmp STATUS -- -- -- -- -- --- -- ------�Y i ----------- ----- ! I I -- ------- !--- - ---- --------- --------- -- -- --- ---- --------- ---------------- ! s ' m g -- -- -- -- ! -- --------- - -- ------ - --- --- --- --!- --- i i i a W a ' m l ! - - -------- - ----------------- i : !s ___---___---____ ______ _____ !& ___ --- __ -___-____ m 9 i r m m : -s� a¢g sW§ sgs Wag N& &29 �d gdv --- -- - - ---------------------- --- -- -- -- -- - -- ------=------------ ; g -- --- -- -----------------------_-- --°-- -` -------------------------- -=-- -- --------- g : Ie ; e ; i m _____________---_____ ; I $ € R m m __ ________ ____________`-__________ ______ s i i I mm e a W W a i o i n a m I n - I a I IY W ; i --__-___-- -- _________ _ e - I ; -------- ------ --- W , m _ ; baa sg 'a� e$ sag WM89 �5H a-- m m - ------;--------------- m a i s a � - c i e - _ i€ a is :g - = m � �ca ate€ oma€ o �6 BILL FRENZEL - / Txixo DISTI.,,MI..T. x'XSOON 44,,cE MO VExx AVENUE S.— BFOox—N,MN 56431-1326 1026.-.1.B.L.. �j/y /��Epy (Qy�� /�' 612-661- 600 302-225-26'1 Congrea of the Wniteb 6tateg douse of Atpresentatibes WBSbington, RIS 20515-2303 RECE17` June 26, 1987 JUL 11981 Mr. John Anderson City Administrator CITY OF SHAKOPLE 129 East Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: Upon a recent review of my correspondence, I discovered that I had not responded to your letter concerning the proposal to extend Medicare coverage to state and local employees. Thank you for writing and please excuse my most tardy reply. Congress is currently considering several options to increase revenue. Extending Medicare to state and local employees, regardless of their date of hire, may be considered as one financing proposal that would enable Medicare to cover catastrophic illness and prescription drugs. At this time, only people hired after March 31, 1986 are covered. More senior employees have an exclusion. It is too early in the process, however, to tell what the final package will include. I remain opposed to significant tax increases of any kind because I believe Congress has yet to gain control of escalating spending. My past experience has been that most past tax increases have been used for increased spending rather than deficit reduction. However, advocates of full coverage accurately point out that exempt employees who don't pay into the Medical Trust Fund do eventually claim benefits under the program. Some tax increases may be necessary as part of an overall deficit reduction package, but until I see real Congressional commitment to spending control, I would prefer not to increase taxes. I have yet to see such a commitment. Thank you for your counsel on this matter. Yours very truly, B� fAzte�4 ill F Member of Congress BF:rm THIS STATONERY PRINTED ON Pg R MROE WITH ffii CED'IBM ���� JUN 51917 pph CITY OF SHAKOrcc CG league of minnesota cities June 23, 1987 Dear City Officials: James V. Lacina, City Administrator, City of Woodbury and a member of the LMC Board of Directors, died tragically on June 11 when his autmobile was struck head-on by another vehicle. The crash took place in Canada, near Atikokan at 3:00 am. Lacina attended the League's annual conference in Rochester. He had decided to leave the conference on Wednesday in order to join a family fishing trip and drove through the night to reach his destination. Be was struck just three miles from his turnoff from the main highway. Jim was buried on Monday, June 15 at a funeral attended by his many friends and colleagues from throughout Minnesota. Jim Lacina' s funeral was extraordinarily sad and difficult. It all seemed like a bad dream. Jim was so physically indestructible that I couldn't believe his tragic death resulted from a violent% force which he could not dominate. It was very hard to say goodbye to Jim Lacina, a man who loomed large in my life and marked indelibly those he knew. Lacina is survived by his wife and two sons, his parents, four brothers, two sisters, and many nieces and nephews. Lacina was an extremely active, ambitious, diverse, and competent man. His achievements and honors were numerous for one so young--he was elected president of the Minnesota Chapter of the International City Managers Association just this past May. In addition to his many professional activities, Jim had a full family life and was extremely active in sports. Jim was also a talented actor in the community theatre and an excellent painter. A memorial fund has been established for Jim's children. The education of Jim's sons, Corbin and Matthew, was extremely important to him. Contributions to this fund would no doubt be a fitting memorial to Jim and his work for city government on behalf of all Minnesota cities during his lifetime. Contributions ma be made to: The Jim Lacina Family Education Fund, c o Jim Benz, Eastern Beighta State Bank, 7525 Currell Boulevard, Woodbury, MN 55125 Sincerely, J Donald A. Slater Executive Director 1 63 university avenue east,at. paul. minnesota 55101 (6121227-5600 they responded to our comments. Maybe Neil Peterson is overreacting Presidents What I heard as the overriding but I think not!I feel the presentation issues of greatest concern were: by the speakers on the 28th was a Corner 1. The new 1987 tax bill will put-down, particularly on the fiscal significantly raise taxes, and will disparity issue.That carefully crafted By Neil Peterson cause a shift of revenue out of position of compromise was rejected On May 28, with warm hospitality the metro area in the form of by one of the speakers because he school aids. "didn't like it." Where is our in- and best food ever, the City is New 2 Levy limits were made more fluence? Is it to be taken so lightly edt in- Brighton,8sma clatio of Meer host- restrictive,thereby taking away that the collective opinions of the to the 1987Asities' ion of Metropole- more of our local discretion. AMM members can be blown off by tan Municipalities' Annual Meeting. 3.The AMM position on Fiscal "I didn't like it"? At the conclusion of the business Disparities was rejected. We need to concentrate our 1987- portion of the meeting, Bob Thistle 88 AMM effort toward asserting our turned overthe office of Presidentto Several members challenged our rightful role as local elected officials me for 1987-88. Thank you for this guest speakers to explain or give in the legislative process. The mes- honor. l hold the AMM, its individual rationale for their concerns, but re- sage we send needs to be unified. members and directors with the ut- calved incomplete, inadequate an- Single interest splinter groups such most respect and I will work very swers or were told more or less,that as the Municipal Caucus, Municipal hard to listen...to hear...and to re- only the legislature knew what was Legislative Commission, Northern spond. good for state and the metro area Mayors Association,Ramsey County When 1 left the meeting on the cities.Mayors Tom Aaker of Crystal, League of Local Governments, etc., evening of the 28th, I was very dis- Bob Lewis of Coon Rapids,Bill Saed all need to become cooperative and turbed by what I had observed and of Inver Grove Heights,Wayne Court- in union with the AMM,notcompeti- heard from ourguest legislatorspeak- ney of Edina, Councilman Bob De- tive. If we can't unite our legislative ers. Both men are expert, dedicated Ghetto of Minnetonka, and several agendas and start to become "raw public servants and were articulate Managers, Jim Lacina of Woodbury bone political," we will have little in their respective positions, regard- and Doug Reeder of Maple Grove hope to reverse legislators' percep- ing the 1987 legislative results. Both included, all seemed to me to voice tion. werecandid and neither over simpli- the same frustration, i.e., a)Why do I won't always come out of "The fied or softened the reality of the metro cities always have to be the President's Corner" with boxing detrimental results toward metro city ones to cope and make financial gloves on, but l do wantto call all of governments. I was disturbed not so sacrifice? b)Why do we, from grass us to the challenge of taking on a much by the negative impact their roots governments,witness ouropi- role other than city caretakers. We message will have for all of us, as nions and contributions to our legi- need to be initiators more than re- much as I was disturbed by the slators being either unwanted, ig- sponders. We need to make our attitude of superiority each took as nored orconsidered as uninformed? voices heard...Loud and Clear! AMM Distinguished Service Award to Manager John (jack) T. Irving Jack Irving, retiring City Manager - Regional Cable Channel Board. of Crystal, has been selected by the Mr. Irving served on the AMM AMM Board of Directors to receive Board of Directors from June of thesecond AMM Distinguished Ser- 1977 through May of 1985. He was vice Award for meritorious service Vice-President in 1982-1983 andthe on behalf of local government. This AMM tenth Anniversary President in award,unlike others,is not an annual 1983-1984.During and since his ser- award but presented from time to vice on the Board of Directors,Jack time for truly outstanding service has been very active serving on many and leadership. AMM appointed committees and Jack is retiring from Crystal after special task forces. 24 years as City Manager and 8 years Jack Irving has been truly an out- as Superintendent for the City Sewer standing public servant.He has dedi- and Water Department. During his cated his life not only in a profes- tenure as Manager, he has been sional sense to the public good but active inthe International City Manage- John(Jack)T.Irving has spent many thousands of hours ment Association (ICMA)and Presi- of his 'free' time to continuing that dent of both the State Management in leadership rolesfor LOGIS,No - service.The AMM Board of Directors Association and the Metropolitan westHennepin Human Services Coun- staff wish Jack the very best in Area Management Association cil, the Northwest Cable Communi- his retirementand will most certainly (MAMA).He has served actively and cations Council,and the Twin Cities miss his involvement and input. i AMM Officers Elected for 1987-88 He wasearterm an rMayof1979 a a one-year term and re-elected for a two-year term in 1980 but due to time constraints chose not to run for election in 1982. He was then ap- Karenenjoysrunningandbiking pointed bythe Boardof Directorsin with her husband, Tom. They have January of 1985 to fill a vacancy three grown children. from the Metropolitan east side and was elected to a two-year Board term in May of 1986.Jim has been an _ IV, active participant for many years in AMM and LMC policy committees as Tragedy Strikes well as management organizations rr� g y at the Metropolitan, State, and Na- tional levels.He was extremely active in his community and loved the out- doors. Jim Lacina will be greatly _ missed by all of his peer groups,the AMM Board and Staff,the LMC Board and Staff, City Managers, and his City Officials and Staff.We will miss his presence, his wit, and his many s contributions. May he rest in peace. AMM to Hold Member KAREN ANDERSON Outreach Meetings After many years as a community The AMM will sponsor four or five volunteer and activist, Karen Ander- son was elected to an At-large posi- regionally located Dutch treat Out- tion on the Minnetonka City Council reach breakfast meetings in the metro in November, 1985. She chaired the area for member city officials during city's Zoning Ordinance Committee the first two weeks of August. The and served on the Comprehensive primary purpose is toget inputfrom Plan Citizen Committee and the \ city officials on issues and priorities Mayor's Task Force on Cable TV. forthe legislative policy committees' Her other community activities in- agendas for the 1988 session. This cluded the Board of the West Hen- JAMES LACINA will give city officials a more direct nepin Community Mental Health Cen- It is with great sadness that we opportunity to be part of the policy ter, Advisory Board for the Way 12 report on the tragic passing of Board- making process.Watch for the official Halfway House, and a number of member James Lacina, Woodbury notice in the next few weeks. local and state positions with the Administrator. He died in a car acci- BOAIdMEEL4BVC M09ih League of Women Voters. dent in Ontario,Canada early Thurs- Every Karen was appointed to the AMM day morning,the 11th of June while The Association of Metropoli- Board in January 1987, and served an route to an annual family fishing tan Municipalities'Board of Direc- on the Nominating Committee in gathering.He was 38 years old,mar- tors meets on the first Thursday of 1987.She was on the 1987 League of ried to Mary Beth and had two sons, every month (except when a holi- Minnesota Cities Nominating Com- Corbin and Matthew. He is also sur- day comes on or near that date). mittee in addition to the Elections vived by his parents,two sisters and Meetingsstart at 7:30 p.m.and are and Ethics Committee. She also is four brothers. held in the conference room at the vice chair of the Southwest Suburban Jim was born in St. Cloud and Association office, 183 University Cable Commission and is a member raised in Mankato. He obtained a Ave, East, St. Paul. of the Metropolitan Council's 1-494 Bachelors Degree in Political Science All city officials are welcome to Task Management Team. in 1971 and a Masters Degree in attend the Board meetings, ex- After being a legislative lobbyist Urban Administration in 1973, both press their views on any subject on governmental and tax issues and from Mankato State University.Prior and bring anysubject to theatten- publishing a number of studies and to becoming the first City Admini- tion of the Board. reports for the League of Women stratorof Woodbury in June of 1977, Due to security regulations,the Voters, Karen was employed, until he was an Administrative Assistant building front doormust be locked 1986,bythe LeagueofWomen Voters in Brooklyn Center from 1973 to at 8:00 p.m.Anyone arriving after of Minnesota as development/public 1976 and Assistant City Manager in that time, please ring the doorbell relations staff. She is now a student Richfield from March 1976 until June and wait a few minutes for staff to at Metropolitan State University and 1977. open the door. is a member of the Women in Com- Jim had the distinction of being Call the AMM at 227-5600 for munications, Inc. professional or- the only person to serve as an AMM further information. ganization. Boardmember at two different times. Z i.5' • Subd.6 of M.S.473.173 directs the • Metropo tan Significance: Metro Council to review and assess the regulations for Metropolitan Sig- Does It Need Repair? and to r at least every two years • and to report its findings to the Legislature. To my knowledge the Metro Council has not ever really ton included a strong look at the made such an assessment.We were By Vern Peterson, Executive Director project's economic impact on exist- told about one year ago that such a As Yogi Berra is quoted as saying, ing competition.In the current review review and assessment was about to "This feels like dejavu all over again." of the proposed basketball arena in take place and l asked that the AMM I discovered, much to my chagrin, Minneapolis,the potential economic be allowed to participate in that pro- when doing research for this article, impact of this proposal on existing cess.Again,to the best of my know- that in the very first AMM newsletter arenas in other cities seems to bathe ledge,the Council has not proceeded published in August of 1974; the central focus. Since these two most with this effort. lead articlewas entitled Metropolitan recent "reviews" are basically "one I rarely agree with the editorial Significance: What, Why and How? of a kind"type projects, maybe city opinions expressed in the Minnea- (Would you believe that Vern Peter- officials in general need not be con- polis Star and Tribune but its editorial son, then Director of Legislative Af- cerned.I find very troublesome,how- of May 17, 1987 pertaining to Metro- fairs,was the author of that article?) ever,this"trend' to focus on poten- politan Significance seemed to be The Legislature,at that point in time, tial economic impacts and to involve- right on track and 1 quote: "The had just passed the so-called Metro- the appointed Metro Council in the special nature of the mega-mall and politan Reorganization Act (MRA) development decision making pro- the arena justifies economic impact 11111 which among its many provisions cess at the local level even when reviews. But the Metro Council has contained a section directing the "metro systems" are not adversely no legitimate grounds for intervening Metro Council to establish "stand- impacted. in office building projects and similar ) ards" and "guidelines" for deter- The original intent of the Metro- development. The Council should mining whether any"proposed mat- politan Significance authority in- press ahead with its economic impact ter" is of metropolitan significance. vested in the Met Council was to review of the Minneapolis Arena.But Space is too limited to repeat much give that agency a tool to review and as it does, it should establish the of the happenings of those days,but assess a proposed project's impact scope of its review authority and set it should be noted the Met Council on regional systems and to assess boundaries for its involvement in established an Advisory Committee "land use"type negative impacts on future development disputes." of local elected officials to assist adjacent units. Nowhere in M.S. I believe we need to insist that the ) with the work. The Committee and 473.173(Council Review,Metropoli- Metro Council fulfill its statutory re- ; Council labored for over a year and tan Significance) do 1 find that the quirement to review and assess the i keptvacilating between two differing Legislature intended for the Council Metropolitan Significance regula- philosophical approaches in attempt- to become involved in the "local tions.Perhaps this issue needs to be ing to develop the standards and development"decision making pro- revisited by the Legislature as well. guidelines. One approach was to cess unlessa metrosystem orfacility (Although, I find the latter thought ; essentially develop a list of all the would be negatively impacted. somewhat frightening!) types of proposals that would auto- matically be considered to be of Metropolitan Significance(i.e.,large AMM Policy Committees Being stadiums, new airports, etc.). This approach proved unworkable and Reappointed for Fall Meetings the Committee and Council finally agreed to develop a process/pro- The AMM Policy Committees will andfinal action.The five committees cedure based somewhat on objective be reappointed for two-year terms are General Legislation, Metropoli- criteria or thresholds to identify those by the Board of Directors someCme tan Agencies, Municipal Revenue "proposed matters"which weretruly this summer to begin developm t and Expe utas, Housing and of Metropolitan Significance. This of new policy or changes to curt. Econo evelopment,and Trans- process/procedure developed in the policytorthe 1988 legislativesession. port on. Othercommitteesarees- mid 70's is still in place today and Committee hearings will start in late t fishedfromtimetotimeforspeci- still relies on a great deal of subjective July. fic topics . decision making. The Association has five conti - i Persons currently serving on the Over a decade later,a very central ing policy committees made of committees will be contacted soon and important issue remains:to what local officials, both eject nd ap- to determine if they wish to continue extent should a review focus on a pointed, that study a full range of to serve. Any member from any city project's potential economic impact? issues that concern cities. Based on may and is encouraged to volunteer Also the question remains, does the requests from member cities or offi- to serve on a committee. If you are Council have the authority to review cials, the policy committees will de- not now part of a committee but a "proposed matter" based only on velop appropriate legislative policy would like to become a member of economic impact concerns?Clearly, which is then recommended to the any committee,contact Carol,Vern, right or wrong, the Council's review Board of Directors and passed on to or Roger at the AMM office at 227- ofthe"Mail of America"in Blooming- the full membership for discussion 5600. (Annual Meeting-continued from pg. 1) was extremely well attended and will He stressed that as a body we are Bob Banks,Mayor of New Brighton, become an annual affair.To further much strongerand have significantly Eldon Reinke, Mayor of Shakopee, create a separate and unique identity, more impact than if we go oursepar- Jim Scheibel,St. Paul City Council- the AMM staff moved tothe first floor ate ways.Although this theme is not I member and past AMM President, of the LMC/AMM Building. Three new, Neil certainly added a new and Maureen Warren,former St.Paul new members joined the AMM this dimension in presentation. He illus- legislative liaison. year, all from Anoka County; they trated his point with two hilariously Bob briefly reviewed the highlights were Andover, Blaine, and Circle funny stories which had the delegates of the AMM year including a wrap- Pines. In closing Mr. Thistle once in tears throughout.If Neil'ssenseof upof1987 legislation affecting cities. again thanked the membership for humor and dexterous phraseology A detailed brief of legislation was its support in the past year and continue,this next year of Board and mailed to member city officials June pointed out that only through unity Member meetings with Councilman 5, 1987. He indicated that the Board as a group can we continue to suc- Peterson at the Helm could be quite this pastyear continued implementa- ceed.Hethen introduced newlyelect- interesting to say the least. tion of recommendations from the ed President Neil Peterson,Council- As Neil's first official act he present- previously completed Membership member from Bloomington. ed retiring President Robert Thistle, Services Study to enhancethe AMM's Neil Peterson in his acceptance City Manager of the City of Coon visibility and identity.The AMM host- speech as new President of the AMM Rapids, with a plaque containing a edaverysuccessful continental break- for the 1987-88 year continued the copy of the Athenian Oath and fast for officials attending the LMC- theme of the need for all cities to thanked him for his outstanding year sponsored newly elected officials' work together rather than separately. of leadership. conference in February. This event ••.r,,r.���1 l� like hank ler- 1 mtW Meeting The AMMer Fina cial In .forho ting Schroeder Financiallnc.forhosting the social hour which preceded the in Review Annual Legislative Policy adoption meeting. May 1987 � d t ti t -VA' ' f - Ps Rep.Bill Schreiber ( Rep.Gortlon Vou Scott County Transportation Coalition P.O.BOX 153 SHA OPEE,MN 55379 Vol. 1,No.7 ---- June. 1987 State Highways Still Underfunded But Local Area Enjoys Success State highways are still underfunded after ing bill.It is usually a priority of the legislature the recent legislative session, but a few to match federal dollars to maximize their dollars were allotted for highways and Scott impact, but in this lean year for highway County managed to lay claim to part of the funding,Scott County was very fortunate to Pat. see these funds. $16.7 million was appropriated for the Scott County was also authorized by the biennium bythe kigislativecomerencecom- legislatureto collect up to 25 cents in admis- mittee, including fees from an increase in sion taxes for entertainment industries at- driver'slicensesand atransferoften percent tracting over 10,000 people per year. The Mark Stromwell, of the Motor Vehicle Excise Tax(MVET)to proceeds from that tax will be dedicated to Chair,Scott posts funding, which is the actual pur- the Bloomington Ferry Bridge until that pro- poseofthe tax although ithas been diverted ject is complete at which time the tax will County in recent years to general funds. become obsolete. Transportation The Bloomington Ferry Bridge was prom- The admissions tax was a victory for local Coalition lead$2.4 million for the biennium to match legislators, who were disappointed at not the federal dollars recently won with the being able to eke out more money for high- Don't Count on Road Congressional vote and later override of the STATE HWY. Continued On Paget President's veto of the federal highway fund- Until It's Under You Hennepin Commissioner John Derus by Mark Strorrrwall Reaches Farther Than Own Back Yard The experience transportation ad- vocates during the past year proves that h To Realize 16-Year Light Rail Goal probably makes sense not you're ctull on new highway projects until you're actually driving across them. We've been quite successful Hennepin County Commissioner John here in Scott County,what with our federal Derus isanallyoftheScottCountyTranspor- highway funding of the Bloomington Ferry talion Coalitionwhose invaluablehelpon the Bridge,state matching dollars for that pro- Bloomington Ferry Bridge has translated to ject over the biennium, a vote by the Hen- Hennepin County residents the need for ac- nepin County Board of Commissioners cess to the southern metropolitan area. (thanks to the help of Commissioner John But this commissioner has another plan Derus)to jointly hire the consultant to start for access to our growing area in addition to design work on the bridge and, in all likeli- our favorite bridge project. hood,astart in the next few years on the 169 Imagine traveling from here to Min- _ River Crossing and the Shakopee bypass. neapolis without worrying about traffic at We've made a lotof progress but even our all—or even getting into the car.Bring a book �. successes have taught us that vigilance if you want,but don't think it's pie in the sky. - counts.Our lobbying team,John Boland,Bill Derus has been long at work on this scheme, Dilks and Gene Ranieri tell us that language 16 years,and its now well on its way thanks in the Capital Banding bill providing the$2.4 to actions by the Minnesota State Legis- million over the biennium as a match to lature. federal Bloomington Ferry Bridge dollars The legislature authorized the establish- y wasinadvertentlydropped from the billwhich ment of regional rail authorities,which have Hennepin County Commissioner John Derus came out of the revisor's office at 11 p.m.on the powerto levy 2 millsto finance a light rail The Metropolitan Council will reportto the Sunday,May 17,thesecondto last dayofthe transit system. Both Hennepin and Scott legislature next year and, meanwhile, Hen- legislative session.ltwas quickly put back in, Counties have formed authorities,although nepin County has hired a consultant, is but without doublechecking,we would still neither can spend any of the dollars until purchasing railroad rights of way, and en- be wondering whether we would ever see atter a Metropolitan Council study on in- couraging other boards in the seven-county, funding for the bridge,whose federal dollars tegrating the authorities into the met- metro area to do the same. are dependent on a state match. ropolitan transit planning process is DERUS.Continued On Page 3 COMMENTARY.Continued On Page complete. _r1 Scott County Transportation Coalition STATE HWY.Continued From Page 1 ways this session. Representative Becky Kelso(DFL-36A)and Senator Bob Schmitz (DFL-36)sponsored the bill. Kelsoand Rep.Bob Jensen(36B)noted in ka , an editorial in the Shakopee Daily News that the people who use the County's services should help to pay for them."We have only ,' + 55,000 residents in the county, but we are often visited by morethan 75,000 people per 1 day,about 3.5 million people peryear.Anyone who has sat at an intersection in Shakopee , knows that our visitors—much as we welcome them—tax the county's facilities. Our plan merely asks the visitors to pay a share of the - cost of the roads and bridges they will use." With the dearth of highway funding, the state will have to set new priorities for its work schedule, other SamCutypjects,the Highway169 Frenzel hanked f Bridge Funding River Crossing and the Shakopee bypass. State officials assure us that Highway 169 is Ata rownmeetingi Ma y, co OU Trenspodation Coalition Chair Mark Stromwallpresenfed not affected,but so far the Shakopee bypass Congressman BUIF zel(IR-3r ist.)with a framedpholograph of the Minnesota River Valley is not In the draft work plan.Our District En- and a resolution of a reciad for his assistance securing funding for the Bloomington Ferry gineer, Bill Crawford, is working to change Bridge in the federal h h funding bill. thatand weshould knowtheoutcome in July "' " 4 when DOT announces its plans. Senator Schmitz notes Matthe new House . r Speaker, Rep. Bob Vanasek, has said that transportation isa priority,which mightbode well for highway funding in the next legisla- tive session. As for this session,'most of us hung on to the idea that we would get the motor vehicle: ! 1 excise tax (MVET)transfer;' saitl So m'��jj "We didn't want to go forward too soon wyh an alternative and ruin the chances of thhaat. Consequently,we didn't get either one. "We didn't start out with anything Id the Governor's budget and twas difficult to add anything,particularly with a projected tax in- crease,"mid Rep.Kelso."From our narrow perspective,it was a good year,but ip terms J of the broader perspective,it wasn't" * 7 Counties Join To Hire Designer Progress is being made on the Blooming- ton Ferry Bridge!Since federal funding was r•-" approved by Congress in April, Hennepin S and Soon Counties have joined together to hire a consulting firm to prepare the Pre- liminary re- Bloo meson Ferry Bridge. nThe Henofthe nepin Coalition Open House Celebrates Victories Bloomington Ferry Bridge. The Hennepin County Board of Commissioners approved ScettCounty Chair Bill Koniarskiweloomesguests to the Scrott Count'Transportation Coalition a resolution in May joining the Scott County meetingin April,celebrating thegmup's vkc ryatobMiningfedemitundingforthe Bloomington Board in searching for a consultant. Once Ferry Bridge. the consultant is chosen and the design Friends and allies gather in a festive mood of Geno's in Jordan for the Scott County Transpor- complete,public hearings will be held on the tation Coalition General Meeting which noted our victories of the past year but cautioned new design. vigilance as we see our goals through to their conclusion. -2- �1 Scott County Transportation Coalition STATE HWY.Continued From Page 7 ways this session. Representative Becky - Kelm(DFL-36A)and Senator Bob Schmitz (DFL-36)sponsored the bill. 4 Kelso and Rep.Bob Jansen(36B)noted in an editorial in the Shakopee Daily News that ? the people who use the County's services should help to pay for them."We have only 55,000 residents in the county, but we are often visited by morethan 75,000 people per day,about 3.5 million people peryear.Anyone who has sat at an intersection in Shakopee _ k rows th at our visitors—much as we weltwme them—tax the county's facilities. Our plan merely asks the visitors to pay a share of the cost of the roads and bridges they will use." With the dearth of highway funding, the state will have to set new priorities for its workschedule,County thus jeopardizing the other Frenzel Thanked for Ferry Bridge Funding two Scott Coumy proleOts.the Highway 169 River Crossing and the Shakopee bypass. State officials assure us that Highway 169 is Ata town meeting in May,Scott County Transportation Coalition Chair Mark Stromwall presented not affected.but so far the Shakopee bypass Congressman Bill Frenzel(IR-3rd Dist)with a trained photograph of the Minnesota River Valley is not in the draft work plan.Our District En- and a resolution of appreciation for his assistance securing funding for the Bloomington Ferry gineer, Bill Crawford,is working to change Bridge in the federal highway funding bill. that and we should know the outcome in July when DOT announces its plans. Senator Schmitz notes that the new House Speaker, Rep Bob Vanasek, has said that i transportation lsa priorz,which mightbode _ well for highway funding in the next legisla- tive egisla tive session As for this session,"most of us hung on to the idea that we would gel the motor vehicle excise tax (MVET)transfer," said Schmitz. "We didn't want to go forward too soon with an alternative and ruin the chances of that. Consequently,we didn't get either one." t "We didn't start out with anything in the Governor's budget and itwas ditticuhto add anything,particularly with a projected tax in- crease,"said Rep.Kelso."From our narrow perspective,it was a good year,but in terms ly of the broader perspective,ft wasn't." Counties Join To Hire Designer Progress is being made on the Blooming- ton Ferry Bridge!Since federal funding was approved by Congress in April, Hennepin and Scott Counties have joined together to hire a consulting firm to prepare the pre- liminary design reportand final design of the Coalition Open House Celebrates Victories Bloomington ferry Bridge. The Hennepin County Board of Commissioners approved Scott County Chair Bill Konia id welcomes guests to the Scott County Transportation Coalition a resolution in May joining the Scott County meeting in April,celebrating the group's victoryatobtaming federal funding for the Bloomington Board in searching for a consultant. Once Ferry Bridge the consultant is chosen and the design Friends andallies gatherin a festive moodat Geno'sinJordan for MeScott County Transpor- complete,public hearingswill beheld on the ration Coalition General Meeting which noted our victories of the past year but cautioned new design. vigilance as we see our goals through to their conclusion. Walden Lumber Reroutes Trucks To Avoid Delay Through Shakopee Walden Lumber has been a landmark in routetrackstoget back faster;'said Walden. Shakopeeon Highway 169for over 27 years. "If our trucks are coming back from the city it is a family-owned business dealing in retail after noon,we route them to 35W and High- lumber,according to owners Dean Walden way 13 or to Highway 5 or 7 west to 41 and Larry Balsa. through Chaska. With a specialty in all types of redwood "Rather than use Highway 169 or the lumber, wood foundations and Anderson Bloomington Ferry Bridge,we optto usethe Windows,Walden'strucksdoalotoftraveling alternate routes,which costsusextra money, Dean Walden mandaround the metropolitan arm.Because extra time and a lot of inconvenience,"mid of the congestion and traffic, particularly Walden."Once we get those bridges built,it two rivercrossingsand meShakopee bypass during heavy entertainment days, Waltlen will be ideal for us." to improve access in the Minnesota River notes that trucks are often rerouted around Walden Lumber Is a member of the Scott Valley. "Life goes on one way or another;' major access routes to save time. County Transportation Coalition and sup- said Walden,"but it sure would make a d'rf- "There are times when were willing to ports the efforts of the Coalition to finish the ference to have those projects done." DERUS.Continued From Page 1 According to Derus'plan,abandoned rail- road rights of way would become routes for a 1 light rail transit system. Light rail is smaller ., ' and has narrower track width requirementsr _ s than regular trains. In order to accom- modate ccom modate the system,tracks would need to be installed and an electric line run overhead to power the cars. 'My motherdrovea streetcar,"mid Derus, _. .. - "1•" - – laughing that perhaps that was where his in- terest in who"time has attest cois ort idea whose time has come and gone and f �` come again. Light rail is a cross between a 1 f, - train and a trolley car. "The implications of this are tar east Record-breaks P need for atom Hennepin County—they are at least � crowd �� metrowide."Derus emphasized. Arecord 27,439 people attended Canterbury Downs opening deylast month,furtherillustrafing Derusexplained thatfour principles guide lheneedfurbetteraccessandhl thethnving Sood Counlyarea.The fwonivercromingsaf Highway his support of light rail transit: "They are 169and the Bloomington Ferry Bridge end the Shakopee bypass wouldrelieve tragic congestions fairly high speed, 50 to 55 miles per hour; from Canterbury andall of the successful entertainment attractions in thisaree.Lelsfate officials they make minimalstops,not likes bus;itex- knowthafifis crucia/lo keep the Shakopee bypass and Highway 169 River Crossing in the sfale's ists when and wherever possible on its own workprogmm,andfhatmoniesearmarkedlorthe Bloomington Ferry Bridgeshouidbeamilablees exclusive right of way and; It complements soon as possible. (photo by Bob Cole,Shakopee Valley News) the existing transit system. This is such an improvement over new especiallyonesthatconnectitwith therestot highways, which are very expensive the metropolitan area. If they're not being {Q because you have to build them where used, the should he saved for public pur- Have A Safe people's houses are;'he said."Not only do poses;'he said. you have to buy the right of way, but you "If the Scott County Rail Authority does eliminate ten percent of the tax base. nothing else,hcan savetherailroad rightsof And Happy "I think it's very important to build the way," he continued. "Scott County has an Bloomington Ferry Bridge,buttothedegree ideal opportunity—people will be able to {{. wecan getpeopleto use masstransit,wedo travel from Shakopee to the airport, Min- themFourth carrya big favor,"Derus emphasized."The nespolis and St. Paul,Osseo,White Bear.." Bloomington Ferry Bridge is not going to WewillundoubtedlyhearmorefromCom-carry the whole load." missioner Derus on this project.Rumor has Derus envisions a light rail system travel- it he is often seen on his way home from O f July! I/�/� ingfrom downtown Minneapolis to the race- public events stopped at the side of dark 1 track in Shakopee."Scott County needs to highways searching for yet another aban- look at all existing railroad rights of way, doned railroad right of way. 3 Bulk Rate U.S.Postage Scott County Shak PAID opee.MN 'transportation Coalition Perms No.213 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 Scott County Membership Categories & Fee Structure CORPORATE INDIVI AL Transportation Coalition Member: $ 100.00 $ 15. Sponsor: 500.00 100. Sustaining: 1000.00 500 0 Scan County Board Townships O1: CHARTER MEMBER: Any one-time payment of Any o e-time payment of of commissioners Belle Plaine $5000.00 or more. $1 .00 or more. Blakeley Cities Oh Cedar Lake Belie Plaine Credit River Elko Helena COMMENTARY: Continued From Page 1 Jordan Jackson New Market Louisville And the state did not pass a highway jest in Anoka have also n hard-fought New Prague Naw Markel footling bill this session. So we have to be battles.The crisis highwa funding is not prior Lake St.Lawrence careful, and we have to make our voices unique to Scott C unry and, (though our Savage Sena Creek heard as state Officials decide howl spend prdjeds areacl priority for vre must snakopee Spring Lake the few dollars appropriated for highways remember to put n a good wor or good and the money that's already in the pot.They roads wherever eyare.Thenegl ofour Chambers of Industrial will be setting new priorities for that money infrastructureis economicdisai ter rnot Commerce: Commusi . over the mein few weeks and our vigilance just Scott Coun , but the state antl th9;na- Prior Lake Prior Lake will mean thedifferencefor Highway189and Hon as well. Savage Shekapes the Shakopee bypass. Just a note n the Bloomington ferry Shakopee At this point, according to slate officials, Bridge funding Keep your eyes open tb the Highway 189 River Crossing project is make sure the the state dollars slotted for Attractions: still scheduled on the state's work program. highway bridg is headed for Scott County. Canterbury Downs Race Track The Shakopee bypass is not but Bill Craw- Testimony by state officials to the con- Little Six Bingo ford District 5 Engineer for the Department ference comm ce on the Capital budget Murphys Landing of Transportation(DOT),assured us stare- earmarked the .4 million totheHighway l8 Renaissance Festival cent Scott COUrily Transportation Coalition prOleol,but 0e est to make SUleHdOea I Valleyfa,r Family Amusement Park meeting that every effort would be made to get lost on its won .With that money antl the Ea-Officio Members: get it back on the docket. proceeds from the admissions tax,we are Minnesota Department of Transportation And we shouldn't forget our friends in the well on the way to a new Bloomington ferry Hennepin County Department of rest of the metropolitan area either. The Bridge. Keep up the good work. We need Transportation highway 5 project in Eden Prairie,Highway your help.Let state officials know you care, Metropolitan Council 212 in Carver County and Highway 10 pro- write letters,call. ________________�.... Executive Oemmillee: Mark Stromwall,Scott County Tired Of Driving Around The Bloomington Ferry Bridge? Fred commissioner, orrigan. er,Chairs,Vice-Chair 1'd like to help the effort toward beper roads in the south metro area. Brian Norris,Shakopee Chamber of ❑Please add my name to the mailing list. Commerce,Treasurer Lee Andren,Mayor,Prior Lake ❑Send me additional information on how I or my company can help. Rod Hopp,Mayor,Savage ❑Enclosed Is a tax-deductible contribution for$100_$50 $25 Tim Keane,Industrial/Commercial Brad Larson,Scout County Engineer Name Phone Eldon Reinke,Mayor,Shakopee Norbert Theis.Townships Company Name Address Zip Please make checks payable m Scott County Trensporfeaum Cessation. Scott County Bulk Rate U.S.Postage Transportation Coalition PAID P.O. BOX 153 Shakopee,MN Shakopee,MN 55379 Permit No.213 612-445-3242 John Anderson City Administrator 129 East 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 Sustaining: 100.00 100000 CHARTER MEMBER: Any ane-time payment of AnyOo e-time payment of seon of Co...Ytoners old Townships p e. $5000.00 or more. $1000.00 or more. Slakeley Cities of Cedar Lake Belle Plaine Credit River COMMENTARY. Continued From Page 1 Elko Helena Jordan Jackson And the State did not pass a highway 9 e es Pr batt in Anoka have also been hard-fought New Market Louisville N funding bill this session. So we have to be battles.The crisis in highway funding is not ague New Market ' careful, and we have to make our voices unique to Scott County and, although our Prior Lake St.Lawrence heard,as state officials decide howto spend projects are a clear priority for us,we must Savage Sand Creek the few dollars appropriated for highways remember to put in a good word for good Snakopee Spring Lake and memoney new priorities for that t.more, roads wherever they are.The neglect of our ehambersor will be setting new priorities for that money infrastructure is an economic disaster for not Co... 1itlission over the next few weeks and our vigilance just Scott County, but the slate and the na- Camm r Lake will Shakopee bypancefor Highway 189 and tion as well. Prior Lake Phar Lake the Shako Savage Shakopee Shakopee bypass. Just a note on the Bloomington ferry Shakopee At this point, according to state ofricials, Bridge funding. Keep your eyes open to the Highway 169 River Crossing project is make sure that the state dollars slotted for Aeracfigre: still Scheduled on the state's work program. highway bridges is headed for Scott County, Canterbury Downs Race Track The Shakopee bypass is not but Bill Craw- Testimony by state officials the con- Little Six Binge ford,District 5 Engineer for the Department Terence committee on the Capital budget Murpnys Landing of Transportation(DOT),assured us ofare- earmarked the$2.4 million to the Highway 18 Renaissance Festival cent Scott County Transportation Coalition project,but we want to site sure it doesn't Valleptur Family Amusement Park meeting that every effort would be made to get lost on its way.With that money and the get it back on the docket. Proceeds from the admissions tax, we are Ex-ofrK;o Member: And we shouldn't forget our friend,in the well on the way to a new Bloomington Ferry Minnesota emberrtmentrn Transportation rest of the metropolitan area either. The Bridge. Keep up the good work. We need Hennepin CountyDepartment0 Tratof highway 5 project in Eden Prairie,Highway your help. Let state officials know you care, Transportation 212 in Carver County and Highway 10 pro- write letters,call. Metropolitan Council —' — — Executive commodes: Tired Of Driving Around The Bloomington Ferry Bridge? i lark , mtmissionerr Chat/unry 1'd like to help the effort toward better roads in the south metro area. Fred Cordgan,Ama.:n.,Vico- hair ❑Please add my name to the mailing list. Brian Norris,Snakopee Cnam' of Commerce,Treasurer ❑Send me additional information on how I or my company can help. Lee Andiron,Mayor,Prier Leke ❑EOCIOsetl is atax-deductible contribution for$100__$50�$2$ Rod Hopp.Mayor,Savage Tim Keane,Industrial/Commercial Name Phone Brad Larson,Scott County Engineer Company Name Eldon Reinke,Mayor,Shakopee Norton Theis,Townships Address Zip Please make checks payable is Scott County Transportation Coalition. h E W Cl) (0) 021 Cj) N N 6 H 1' C C7 O CL J W C 2C J Z 6 C O Z V Z Q H H tD O 00 V Ql N N E m m m m m a N F E F zz o _ ibi 000000 � C pp yy1 Zp p ` ��uu pp �w pp ei O V y Y N � Y Y � s a $ ^ a 1R u a a+ a VYi VI d N J ]L ]L Y Eav + L VI "dJ S r V YY � r gimY °' � m � dyo � a ., too o � o Ed fy O m L 42 YL O V ^ W SW N L Y n' °' t0 ; { § I = E § 4 ■ \ I ! . \ \ Im IM \ or 10 C { \{ } } ca , { \ § - � ! ! ■ ' \ » £7 • ; \ / \ ( - ¥ \ \ ( . , , © | f § - - - - - . - - 2 � % / ■ � � - � . . . � | � E : § ■ ( � ` j § § � ca e � \ } \ §k (\ - ! ! fƒ \ League of Minnesota Cities The League is the official cooperative association of cities serving the needs and best interests of the state's municipalities. The League represents cities working together to promote legislation on behalf of local government, and provides information and other resources to assist city officials in their efforts to improve the quality of service delivery to Minnesota citizens. Mission statement Magazine • All member-city officials receive Minnesota Cities,a • The mission of the League of Minnesota Cities is to monthly publication for and about cities. The magazine contains feature articles on issues and Provide a forum for the identification and representation problems of concern to city officials;regular columns on of cities' interests, recognizing the strengths in sharing the latest court decisions and attorney general's opin. and consensus building•and resulting in an effective ions, and a review, of actions at the federal level. "Partnership of Cities." • To achieve this"Partnership of Cities" the League Conferences of Minnesota Cities has the following goals: First—To be an effective forum for consensus • The League holds an annual conference for city building in the expression of policies of universal or officials to discuss concerns and elect officers. specific interest and in the development of policies and • Regional meetings in the fall give city officials a positions concerning the structure and powers of local chance to exchange ideas and information. government. • An annual legislative action conference,for discus- Second—To represent the interest of member cities sing legislation,takes place at the beginning of each by advocating the League's policies and positions. legislative session. Third—To develop and provide, either alone or • A policy adoption meeting takes place in November. cooperatively, programs of technical assistance and training that assist municipalities. their employees,and Uniting elected officials in providing effective muntcipal services. • LMC participates in the Government Training Fourth—To foster and promote the dissemination of Servicewhich produces conferences and training information concerning the nature of cities.their prob opportunities for city officials and staff. lams, and issues. • The League sponsors special conferences and Fifth—To encourage the improvement of all phases seminars on specific problems and issues as they arise. of municipal government by stimulating and fostering research projects; by collecting,developing, and pro- Field service tiding information and advice;and by holding conven- tions and conferences for the exploration of issues of a A field representative visits member cities on a municipal interest. continuing basis to assist with local problems, and to Sixth—To foster harmonious and cooperative rale- collect materials to share with other cities. tionships with local, state,and federal organizations and agencies in exploring common problems and developing Insurance mutually acceptable solutions. • Through the League of Minnesota Cities Insurance Seventh—To publicize the accomplishments and con- Trust ILMCITI, the League offers workers'compensation, ceras of Minnesota cities with the media.the Legislature. property/casualty, group health.and group dental the Congress.member cities, and others. coverage to member cities. 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MAP Information services a The Muncipal Amicus Program offers support to • The league general counsel and research stall cities that are involved in litigation or other forms of answer local government questions. controversy that may have significant statewide impact • information memos on state and federal laws or on Minnesota's cities. applicable technology are available. • League members and staff have use of an extensive Equipment loan program library containing sample ordinances, all city charters, • The League sponsors a program to provide cities and literature relating to local government. with lowcost funds for equipment purchases. • LMC updates the Handbook for Minnesota Cities • Cities can use the program to finance municipal each year. It is a comprehensive and authoritative work, equipment purchases over a three or five-year period covering all aspects of city government. depending on the type of equipment. F"Founde SHAKOPEE COALITION 1100 Fag Fourth Avenue • Shakopee,Minnesota 55379din 1983" SHAKOPEE COALITION MEETING MINUTES — JUNE 5, 1987 The meeting was called to order at 7:00 AM in the Citizens State Bank Community Room by Acting Chapman John Anderson. Members Present: Claude Kolb (Knights Of Columbus), Joan Salter (Food Shelf), Jerry Knutson (MCF/Shak), Maxine Kruschke (Southern Valley Alliance For Battered Women), Sr. Jo Lambert (St. Francis Regional Medical Center), John K. Anderson (City Of Shakopee), Barry Stock (City Of Shakopee), George Muenchow (Shakopee Community Recreation). A few moments were taken with everyone introducing themselves. Joan Salter gave an impromptu Report on the Food Shelf. In May 235 families in Scott and Carver Counties were served. In Shakopee alone the number was 74 families. The Scott/Carver/Dakota Community Action Agency has moved to their new consolidated quarters on Cry Rd 17 immediately south of the Shakopee Jr High School. The Food Shelf has not as yet as of this meeting moved into these quarters, but expect to be there in another week. THEY DESPARATELY NEED MORE VOLUNTEER HELP! The food surplus which resulted from the recent Food Share Drive is no longer there and most supplies once again have to be purchased using the fund for this purpose which also is getting low! Jerry Knutson reported that progress on the "Helping Hands" newspaper column is slow with people not used to making use of it. John Anderson gave a brief report on Economic Development. New or pending construction includes: Goodyear Store, Hauers 4th Addition (90 Lots), another 70 Lot Addition adjacent to it, former Roberts Gravel Pit site with 350 Lots, and a proposed Golf Course/Housing Project, and Starwood entertainment center. Members were reminded of the three Primary Functions of the Shakopee Coalition: 1. Provide forum for local organizations to exchange ideas and discuss community efforts. 2. Identify problems that can be realistically addressed. 3. Provide coordination, continuity, and creativity in facilitating solutions to pressing needs. Reports on the Crisis Numbers Newspaper Directory and the Organization Directory were deferred to the next meeting. A nomination letter was received from Marianne Kibler advocating the selection of Barb Weckman as a recipient of a "Volunteer Of The Month Award". Her credentials sounded very good and it was decided to delay this subject until the next meeting. Ken Ashfield, Shakopee City Engineer, gave a condensed report on the 18 construction proc]ects being guided by the City Of Shakopee this summer. They included street i9 improvements, Streetscape Projects, park facilities, drainageways, storm sewers, watermains, parking lot improvements, and railroad crossings. It was unanimously deci to not hold any meetings in July and August. The next meetingwill, therefore, a Thursda /September 3, at 7:00 AM at the same location. Members are asked to not of this. The Meeting was adjourned at 8:00 AM. Res ect✓1(,/�llysubmitted. � George F: Muencho\w,,,�,Sveetyy1.t_4/ i9 improvements, Streetscape Projects, park facilities, drainageways, storm sewers, were rmains, parking lot improvements, and railroad crossings. It was unanimously decided to not hold any meetings in July and August. The next meeting will, therefore, be Thursday, September 3, at 7:00 AM at the same location. Members are asked to take note of this. The Meeting was adjourned at 8:00 AM. Res ectfully submitted, George . Muenchow, Secty. SHAKOPEE COMMUNITY RECREATION BOARD MEETING MINUTES - JUNE 15, 1987 Meeting was called to order by Chairperson Rislund at 6:35 p.m. in the Shakopee Community Recreation Board Meeting Room. Present: P.Rislund, J.Carlson, P.Sheldon, J.Leroux 6 D.Roper Absent : Ex-Officio Members: G.Carruth, Supt. I.S.D. #720; J. Anderson, Shakopee City Adm. Staff . G.Muenchow, Dir. ; K.Lewis, Receptionist; 6 M.McQuillan, Frog. Sup. (8:06 p.m.) Motion by Leroux/Roper to acknowledge the Letter of Resignation from Gary Hartmann. Motion carried. Sheldon pointed out that at the May Meeting a motion had been made and approved to adopt a consent form of adopting items such as Minutes, Financial Report, Outstanding Bills and Staff Report. This was omitted from the May Board Meeting Minutes. Motion by Roper/Sheldon to adopt the Consent Agenda form for Shakopee Community Recreation Board Meetings. Motion carried. Leroux abstained. The May Minutes should further show that there was a motion by Sheldon/Roper to direct staff to prepare preliminary estimated budgets, time line of maintenance and responsibilities of funding for athletic field improvements and then to meet with the leaders of the involved Auxiliary Organizations for consultation. The Minutes as corrected were approved upon motion by Roper/Sheldon. Carried. Motion by Carlson/Sheldon to approve the Financial Report. Motion carried. Outstanding Bills were presented in the amount of $6,253.21. Motion carried. I.S.D. #720 Shakopee Community Recreation printing done at $ 393.00 Central Duplicating for month of May 1987. I.O.S. 2 cs/Multi-Machine Toner @ $50.40/ea. - $100.80 188.64 plus Inv. #012450 6 Inv. #0300 (Credit for Tax SP/TL - $6.04, plus Freight charge of $2.67. Inv. #022137. Copier Maintenance w/o toner @ $64.12. 3565 copier maintenance additional copies @ $27.09. Inv. 010565. City Of Shakopee Spring check-up billing from Associated Mechanical 111.73 per attached bill $1095.00 divided by 24.5 bra = $44.69 per/hr. 2.5 bra @ $44.69. Inv. #3033. Associated Mechanical Removal of window air conditioner to pressure wash 85.00 condensing coil and DX coil; oiled fan motor; replaced air filter; and checked operation of unit. Kevin 2 hrs. @ $42.50 on 5/7/87. Mark McQuillan May mileage expense for Mark McQuillan. 220 miles 46.20 @ $.21/mi. City Of Shakopee Fuel Usage - May 1987. Unleaded 117.7 gallons @ 84.74 $.72. Minnesota Sports 1 ASA Rule Book @ $2.50 plus shpg. of $1.00. 3.50 Federation Independent School Advisory Dinner, Butch's Tavern, 4/2/87. 10 63.25 District #112 dinners @ $6,00/ea plus flowers $3.25. N.W. Bell May 1987 billing for C.S.O. 117.44 ..I,C) Roberts Drugs 3 film @ $2.99/ea. Less discount of $.23. 8.74 Community Recreation Office use. Minnegasco May billing for Community Recreation Office. 4.35 AT&T May billing for Community Recreation Office. 6.25 City of Shakopee 1 duster purchased from Bernice Lebens per attached 11.99 copy of purchase order. Inv. 83043. City Of Shakopee Goals & Objectives Meetings at Canterbury Inn per 28.38 attached invoice copies. 4/14/87 - Meal, Tax & Gratuity $13.25 4/28/87 - Meal, Tax & Gratuity 15.13 Shakopee Youth Share of Registration Fees collected for their 5100.00 Baseball/Sofball Assn. programs. TOTAL $ 6253.21 Shakopee Mat Club Report by Tom Latina was tabled until July due to Lacina being absent because of a family death. Baseball/Softball Fields Renewal Progress Report was briefly given. Some fields have already had work done on them. Evaluation Documentation was discussed. Another category was recommended as follows: 8 Participants 8 Registrations 82 should state number of Participants and number of Responses. Also recommended was attempting to get an immediate reaction instead of mailing the forms in. Motion by Sheldon/Carlson to adopt an Evaluation Documentation System including information pertaining to a tally of responses from Participant Evaluations, a tally of total registrants including number of responses, a tally of costs involved, and a report of the number of hours spent in the activity including staff and volunteer time. There also shall be an opportunity for person filling out form to add program suggestions and names of potential new instructors. The persons signature will be optional. Motion carried. Motion by Leroux/Roper to accept adjusted Five Year Capital Equipment Plan as proposed by Budget Committee. Carried. 1988 Proposed Budget was discussed. Dr. Carruth questioned the proposed increase in the requested City and School District allotments, in the light of the withdrawal of Community Education. Solid reasons would be needed. Increased enrollment is not shown generating greater revenue: Suggestions for generating more revenue were lists, as: a. Increasing fees b. Decreasing staff hours. Budget Committee in their meetings felt that this was not the time to increase fees. Budget Committee was requested to go back to the drawing board and make changes to bring back to the Board for the July Meeting. Motion by Roper/Leroux to request an adjustment of $1215.88 from the City Of Shakopee and School District 8720 in 1987 for the purpose of implementing the Shakopee Community Recreation Comparable Worth Plan Of Action. Carried. Request made that under Code Of Ethics Review, prescribed penalties were stated to not be stringent enough as is concerning intentional shoves, strikes, pushes etc. After a lengthy discussion a recommendation was made to leave Code Of Ethics & P Prescribed Penalties as 1s for now and check with officials of sports activities for their input. MRPA Board S Commission Section Tour of Edinborough Park, June 25, 1987 was discussed. Board Members were invited. Director Huenchow should be notified immediately of participants intention of attendance. John Anderson and Paulette Rislund expressed their interest. City Picnic Invitation, Monday July 20 was presented. Since this happens to fall on the evening of a regularly scheduled Community Recreation Board Meeting there was a motion by Roper/Leroux to move the Board Meeting date to July 13, 1987. Motion carried. Motion by Carlson/Roper giving Program Supervisor McQuillan permission to attend the 1987 National Recreation 6 Park Association Congress, September 18-21 held in New Orleans, La. Motion carried. Under Other Business, a letter from Pat Sheldon regarding a need for trails in Shakopee, Mn. was introduced. Recommendation of Rislund that a standard report form be prepared for each reporting Auxiliary Agency. Carlson reported on a policy that School District #720 will implement regarding a Smoke Free Policy in all School buildings and School property at all times, effective the fall of 1988. She recommended that a note be sent to all coaches. Dr Carruth reported that there were 50 applicants who applied for the Community Ed Directors position. Of the 50 applicants who applied, Ms. Debra Bates was selected. Motion by Sheldon/Roper to adjourn. Carried. Respectfully submitted, DeanRoper Se PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE CITY HALL COUNCIL CHAMBERS June 10, 1987 Chairman Laurent called the meeting to order at 7:45 a.m. with the following members present: Terry Forbord, Gary Laurent, Jim Stillman, Joe Topic, Bill Wermerskirchen, Pete Sames,' Melanie Kahleck and Liaison Jerry Wampach. Members absent: Harry Kohler and Tim Keane. Also present were Barry Stock, Administrative Aide and Dennis Kraft, Community Development Director. Pete Sames/Terry Forbord moved to approve the agenda. Motion carried. Jim Stillman/Joe Topic moved that the minutes of the May 13th meeting be approved as kept. Motion carried. Mr. Stock reported that he had met with City Planner Doug wise and Melanie Kahleck to review the proposed Downtown Sign Design Standards. The key standards that have been incorporated into the proposed sign design standards which were discussed by the committee are. 1. wall signs will not be allowed to exceed 150 square feet in area. 2. Projecting signs shall be permitted in the downtown area so long as they do not exceed 24 square feet in area. 3. Painting or applying letters on building windows shall also be permitted so long as the letters or painting does not occupy more than 508 of the available window area. 4. Internally lighted signs shall also be permitted in the downtown district for those establishments which remain open after 9 P.M. on alregular basis. 5. In multiple occupancy structures the amount of sign space allocation shall be based on the square footage of space occupied by the business. Each building occupant shall be allowed .018 square feet of sign space per square foot of business space occupied. It was noted that some areas of the present sign ordinance are not strictly enforced and an attempt is being made to clear up some of the ambiguities of the present ordinance. A suggestion was made to add a stipulation on the sign permit that would make the sign conform to the new ordinance. A discussion ensued on what amount . of.-- window _. space could.be . - -- covered by signage and also what types of lighted signs are to be allowed, if any. V` Terry Forbord suggested a walking tour down the streets to see what the problems are and what types of signage we are trying to eliminate. If a way could be found to write quality instead of quantity into the ordinance we would have a good ordinance. The committee the discussed the merits of a Review Board to approve and review sign permits. Dennis Kraft suggested giving a bonus in re and to the size of the sign for going through a Review Bo rd. The Board would assist the business to select appropriate c lors and designs for their signs. Terry Fgj;bord suggested th if a Retail Business Men's Association is fed they could a as the Review Board. Another suggestion w that the City make some assistance available financially a possibly som help from a consultant when designing a new sign. Barry Stock noted that wh new s gn permit applications are printed, some of the suggestion fro the blue book could be attached to the permit as a.., gui a in showing what will be acceptable. A discussion was held on what coul be done to give business people a greater sense of communit ride by encouraging them to sweep sidewalks, pick up trash, pul eeds, etc. The committee discussed having a column in a ewspaper which would have "Community Pride" as its theme. Terry Forbord/Pete Sames moved to dir ct staff to contact communities that have sign ordina es to se what kind of control they have and get examples of th'ngs we d 't want in signs. Motion carried. The next meeting of the Downto Ad Hoc Commit ee will be held July lst, 1987. Pete Sames/Melanie Kahleck moved to adjourn at 9 05. Motion carried. 0 Terry Forbord suggested a walking tour down the streets to see what the problems are and what types of signage we are trying to eliminate. If a way could be found to write quality instead of quantity into the ordinance we would have a good ordinance. The committee the discussed the merits of a Review Board to approve and review sign permits. Dennis Kraft suggested giving a bonus in regard to the size of the sign for going through a Review Board. The Board would assist the business to select appropriate colors and designs for their signs. Terry Forbord suggested that if a Retail Business Men's Association is formed they could act as the Review Board. Another suggestion was that the City make some assistance available financially and possibly some help from a consultant when designing a new sign. Barry Stock noted that when new sign permit applications are printed, some of the suggestions from the blue book could be attached to the permit as a guide in showing what will be acceptable. A discussion was held on what could be done to give business people a greater sense of community pride by encouraging them to sweep sidewalks, pick up trash, pull weeds, etc. The committee discussed having a column in the newspaper which would have "Community Pride" as its theme. Terry Forbord/Pete sames moved to direct staff to contact communities that have sign ordinances to see what kind of control they have and get examples of things we don't want in signs. Motion carried. The next meeting of the Downtown Ad Hoc Committee will be held July lst, 1987. Pete Sames/Melanie Kahleck moved to adjourn at 9:05. Motion carried. Minutes Industrial Commercial Commission Shakopee, Minnesota May 6, 1987 MEMBERS PRESENT: Tim Keane Don Koopman James Plekkenpol Al Furrie Jane DuBois MEMBERS ABSENT: Todd Schwartz Bud Berens STAFF PRESENT: Barry Stock, Administrative Assistant Dennis Kraft, Community Development Director John Anderson, City Administrator Jeff Siegel, Starwood Project Manager Chairman Keane called the meeting to order at 5:10 p.m. Plekkenpol/DuBois moved to approve the minutes of the March 11, 1987 meeting as kept. Motion carried unanimously. Starwood Presentation - Chairman Keane introduced Jeff Siegel, Starwood Project Manager. Mr. Siegel then proceeded to give a presentation on the proposed Starwood Music. Center. Mr. Siegel stated that Scottland Companies have been doing studies for the last two years on what type of entertainment projects would compliment and promote existing entertainment attractions in this area. Analysis of their studies reveal that an outdoor music center would promote existing and future development in this area. scottland was proceeding with PACE Management Corporation as the principle producer and developer for the music center. Mr. Siegel then explained that the proposed project would sit on an 80 acre site north of the by-pass and west bf Valley Park Drive. The proposed site is presently served with sanitary sewer, water and adequate transportation facilities. The developers are not requesting any public financing for the proposed project. The site will have parking capacity for 6,000 cars and a covered pavilion for 5 ,000 seats and 12,000 open air lawn seats. The Starwood season would run from May '--5th to September 15th. In a full season, 40-60 events averaging 8 ,200 per event and 2,500 vehicles per event would be common. The largest events would be 17 ,000 people 4 to 5 times each year. Performances would commence at. 7 :30 P.M. . and run until approximately 11: 00 P.M. The proposed performance starting times would miss rush hour traffic and leave at 11: 00 P.M. when there is little background traffic. Noise from the facility would be controlled by the pavilion, hillside, sound wall and directed speakers. All sound would meet local, state and federal guidelines. The facility would primarily cater to orchestras and popular music. The facility could also be used for civic events such as graduations and large town meetings. In the off season the developers are investigating the possibility of enclosing the pavilion for spring, fall or winter convention meeting space. The proposed music center would solidify the position of Scott County as a state wide outdoor recreational area. Over 300 seasonal jobs and 20 annual jobs would Pe created by the facility. The six to eight million dollar facility will yield over $300, 000 each year in taxes. Develop rs are requesting no city, county or other public investment in a project. Commissioner Koopman questi ed whether/ there would be an internal security force for t music center. Mr. Siegel stated that the music .center would ploy i�ls own security force. However, when large crowds are a ected// they will be contracting with the Shakopee Police Force fo adlL ional security. Mr. Siegel then went - through a br slide presentation that showed examples of other music c1 ters in the United States. Commissioner DuBois questioned what a exterior of the facility would look like. Mr. Siegel stat d t at the roof covering the 5,000 seats would be made out of a teel aterial. The facility would be open on three sides and he bac of the stage would be closed in. Commissioner Koopman s ated tha the majority of the facilities in the slide show wer in the So th and he questioned what impact the weather would hav on this t e of Facility. Mr. Siegel stated that in the event f rain, the agility would have covered seating capacity for 5, 0 0. Interms o hot weather, Mr. Siegel stated that the majority f the events wo Id begin at 7:30 in the evening when the temperat res begin to coo down. Commissioner Furrie questioned how this proposal mpared to the plan currently being proposed in Savage. Mr. Sieg stated that the plan in Savage was a larger facility and was to ted in more of an urban setting. The Savage proposal was also requesting City tax increment finance assistance and would require rezoning of the proposed site. The Savage site would also need some highway modifications. Commissioner Furrie questioned whether or not two facilities of this variety could survive in such close Proximity to each other. Mr. Siegel stated that he was not sure if two facilities could survive but that he was confident that PACE Productions would provide a variety of events which could compete with the Savage facility if it proceeds. Mr. Siegel also stated that regardless of what happens in Savage, Scottland will proceed with the Starwood Music Center. The facility would primarily cater to orchestras and popular music. The facility could also be used for civic events such as graduations and large town meetinas. In the off season the developers are investigating the possibility of enclosing the pavilion for spring, fall or winter convention meeting space. The proposed music center would solidify the position cf Scott County as a state wide outdoor recreational area. Over 300 seasonal jobs and 20 annual jobs would be created by the facility. The six to eight million dollar facility will yield over $300, 000 each year in taxes. Developers are requesting no city, county or other public investment in the project. Commissioner Koopman questioned whether there would be an internal security force for the music center. Mr. Siegel stated that the music center would employ it' s own security force. However, when large crowds are expected, they will be contracting with the Shakopee Police Force for additional security. Mr. Siegel then went through a brief slide presentation that showed examples of other music centers in the United States. Commissioner DuBois questioned what the exterior of the facility would look like. Mr. Siegel stated that the roof covering the 5,000 seats would be made out of &' steel material. - The facility would be open on three sides and the back of the stage would be closed in. Commissioner Koopman stated that the majority of the facilities in the slide show were in the South and he questioned what impact the weather would have on this type of facility. Mr. Siegel stated that in the event of rain, the facility would have covered seating capacity for 5,000. In terms of hot weather, Mr. Siegel stated that the majority of the events would 'begin at 7:30 in the evening when the temperatures begin to cool down. Commissioner Furrie questioned 'now this proposal compared to the plan currently being proposed in Savage. Mr. Siegel stated that I he plan in Savage was a larger facility and was located in more of an urban setting. The Savage proposal was also reauesting Citv_ tax increment finance assistance and would require rezoning of the ropcsed site. The Savage site would also need some highway ,.�d = cations. Commissioner Furrie questioned whether or not two aa_>_t_es of anis variety d survive in such close proximity to each o`'h Mr. Siegel that stated that he was nct sure two facilities could survive but that he was confident tint PACE Productions would provide a variety cf events which could compete with the Savage facility if it proceeds. Mr. Siegel &lso stated that regardless of what happens in Savage, Sgottland will proceed with the Starwood Music Center. v Shakopee Media Day Mr. Stock reviewed the events of the Media Day schedule for June 12, 1967 with the Committee. He stated that the purpose of the Media Day was to attract news writers from throughout the Midwest to Shakopee in the hopes that they would generate a story on both Shakopee' s entertainment attractions and commercial and industrial development possibilities in the community. The event will begin at 10:00 A.M. with participants arriving at Murphy' s Landing and being given bus tours o£ the Shakopee area. At approximately 12:00 noon participants will proceed to Canterbury Inn for a luncheon and presentation. In the afternoon, interview sessions and photo sessions will be made available to the participants. They will then be able to tour the various recreational facilities in the area. In the afternoon, tickets will be given to the participants for their use at Valleyfair, Canterbury Downs and Little Six Bingo. In the evening, the participants will be given tickets to the Chanhassen Dinner Theater, the Old Log Theater or Little Six Bingo. Since the Chamber of Commerce has received a grant for this event from the State Department of Tourism, staff is projecting that the ICC' s share of the cost in this event should not exceed $1,000. Star Citv Application Mr. Stock stated that the Star City application had been mailed and that Mr. Harry Rosefelt from DEED has requested to meet with the members of the ICC later this month. Following our meeting with Mr. Rosefelt, DEED will be setting uD a meeting with our Development Team to go through the final stage of the application process. Mr. Stock stated that a small portion of the Star City application was not complete and that it would have to be completed prior to Star city . approval. The section that was missing was a preface to the five year work plan that discussed the assets and constraints that presently exist in our community. Mr. stock stated that he has developed a draft of this section and that he could send it to each of the committee members for their review and comment. If there are no adverse comments to staff' s draft, it could . then be sent directly to DEED for inclusion into our Star City Report. The committee agreed with -- staff ' s suggestion and that the assets and constraints section of the report be mailed to them as soon as possible. The committee also suggested than they meet with Mr. Rosefelt on May 13th at 5:00 P.M. to speed up the approval process. ICC Open House - Critique and Analvsis Chairman Keane stated that in his opinion the ICC Day Open House was a huge success. He commended Mr. Plekkenpol and staff on the job that they had done in organizing the event. The committee suggested that this be an annual event of the ICC and that if at ti all Possible it should be coordinated with Canterbury' s Trial Run. It was suggested however that the planning process begin a little sooner and that a plastic bag be printed and handed out to all attendees at the event. It was also suggested that the signs be improved and that a banner indicating the ICC' s sponsorship of the event be made. other suggestions were that each booth have prizes or handouts or perhaps a drawing for some types: of prizes. Chairman Keane suggested that at the next meeting a portion of the time be set aside for a general brainstorming ession. The commission members present concurred with Mr. Keane s suggestion. Chairman Keane also suggested that the ICC loo at what other communities in the area a e offering develop _s in terms of economic incentives. He stated that befor we can work on attracting Potential industr'es to our communi we have to know what our competition is d ing. He vol un eered to prepare area analysis of what other communi ies are offer.ng in ourfor our next meeting. Chairman K ne then sta ed that. the taxes in Minnesota were o£ property the highest commercial andgrindu orialntao shiin the m. Minnesota has stated that we need to make proper tax eform a high for this committee and the State. 4 Priority Commissioner DuBois questioned how t committee could get more involved in it ' s review of proposed r idential, commercial and industrial development in Shakopee. airman Keane suggested that this could be a topic for our hr ins t rming session at our next meeting. Mr. Anderson suggest that development update section could be added to the agenda n a re ar basis. Mr. Anderson then gave a brief revie of what th City' s position was on the proposed 5.25 admi sion tax recreational facilities in Shakopee. He sta d that the Y ouncil' s main concern was that they wanted some assurance that the $. 25 was going to be spent on roads that wer being used by pa ons to the recreational facilities. It was he consensus of the committee- to go on record stating that the co fission supported S kopee' s position as far as the expenditures of the 5 . 25 admission tax on roads specifically utilized by the recreational Northern Scott County. facilities in Furrie/Koopman moved to adjourn the meeting at 7: 00 ?.M. Motion carried unanimously. Barry Stock Recording Secretary 1� all possible it should be coordinated with Canterbury's Trial Run. It was suggested however that the planning process begin a little sooner and that a plastic bag be printed and 'handed out to all attendees at the event. It was also suggested that the signs be improved and that a banner indicating the ICC' s sponsorship of the event be made. other suggestions were that each booth have prizes or handouts or perhaps a drawing for some types of prizes. Chairman Keane suggested that at the next meeting a portion of the time be set aside for a general brainstorming session.. The commission members present concurred with Mr. Keane 's suggestion. Chairman Keane also suggested that the ICC look at what other communities in the area are offering developers in terms of economic incentives. He stated that before we can work on attracting potential industries to our community we have to know what our competition is doing. He volunteered to prepare a analysis of what other communities are offering in our area for our next meeting. Chairman Keane then stated thatthe property taxes in Minnesota were of great concern to him. Minnesota has the highest commercial and industrial taxes in the nation. He stated that we need to make property tax reform a high priority for .,is committee and the State. Commissioner DuBois questioned 'now the committee could get more involved in it' s review of proposed residential, commercial and industrial development in Shakopee. Chairman Keane suggested that this could be a topic for our brainstorming session at our next meeting. Mr. Anderson suggested that a development update section could be added to the agenda on a regular basis. M_. Anderson then cave a brief review of what the Citv's position was on the. proposed 5 . 25 admission tax for recreational facilities in Shakopee. He stated that the Council' s m=ain concern was that they wanted some assurance that the S.25 was going to be spent cn roads that were beinc used by patrons to the recreational facilities. was the consensus of the committee- to ao on record sca=_ng t_._t the commission supncr-ted Shakopee ' s pesiticn as far as - expenditures c' =he S . 25 admission tax on roads specL'ica=lv by the recreational facilities in No_taern SCCtt Furrie/Koopman moved to adjourn the meeting at 7: 00 B.M. Motion carried unanimously. Barry Stock - Recording Secretary PROCEEDINGS OF SHAKOPEE PLANNING COMMISSION REGULAR MEETING SHAKOPEE, MINNESOTA JUNE 4 , 1987 Chairwoman VanMaldeghem called the meeting to order at 9:10 p.m. with Comm. Czaja , Schmitt, Foudray and Rockne present. Comm. Pomerenke was absent. Also present were John K. Anderson, City Administrator ; Douglas Wise , City Planner ; Dennis Kraft, Community Development Director ; and Cncl. Clay. Chairwoman VanMaldeghem said that due to the lateness of the hour it was Scottlands concern that the public hearing on Starwoods music center should be held over until the next meeting. Foudray/Rockne moved to open the public hearing to consider the application for a Conditional Use Permit to Operate an outdoor music center as minor commercial recreation facility upon 86 acres located north of 12th Avenue, West of Valley Park Drive, South of Valley Industrial Blvd. , South and East of the K-mart Distribution Center on County Road 83 , and continue it to June 18, 1987. Motion carried unanimously. . Schmitt/Czaja moved to approve the _agenda as written. Motion carried unanimously. PUBLIC HEARING • Preliminary Plat of Heritage Place Heritage Development Schmitt/Czaja moved to open the 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. Motion carried unanimously. The City Planner reviewed the applicants preliminary plat and said there are 71 lots and it is currently zoned R-2 . The applicant has changed the alignment of Onyx Drive and Heritage which was suggested by the staff at the previous meeting. The intention of the developer is to develop the east half of the plat first. Comm. Schmitt raised a concern on whether or not the drainage is flowing north through the plat. It was consensus of Commission that no hardship variances be allowed in the plat. Janet Lebens, 1232 Limestone Drive, had a question on where the accesses will be located for the construction vehicles. The applicant said he will try and work something out to alleviate any traffic off of Limestone Drive. Foudray/Rockne moved to close the public hearing. Motion carried unanimously. i Schmitt/Czaja move preliminary approval of Heritage Place subject to the following conditions: 1. The 12" water main in Austin Street must b extended through the plat on an alignment approved by SPUC. 2. Additional depth and oversizing of the s nitary sewer will be required to serve the Scottland proper y to the south. 3. An oversized storm sewer will be equired to handle additional drainage from the south. The design of this through drainage must be coordinated with the Developer' s Engineer and the City Engineer. Cost of the storm drainage facilities bey nd that necessary or the plat should be borne by the pro erty owners to the outh. 4. Street lighting hould be provid d at both ends of 12th Avenue and two int rmediate points n the north part of the plat. 5. Outlot A & B , and -ainageway/ rail ( Outlot C) will be. dedicated to the City for park p rposes. This area will count towards park dedi ation re irements, payment in lieu will also be required. 6 . Execution of a develope agr ement for construction of required improvements: A. Street lighting to be in alled in accordance with the requirements of the SPUC nager. B. Water system to be inst 1 d in accordance with the requirements of the SPUC Man a er. The developer will be reimbursed for the co t of versizing of the water main. C. Sanitary sewer and at rm sewer o be installed in accordance with the req irements of a design criteria and standard specific tions of the ity of Shakopee. The developer will b reimbursed f r the cost of oversizing of the sanit ry sewer and at m sewer. D. Local streets and stre t signs shall be c nstructed in accordance with the re uirements of the de ' gn criteria and standard specifica ions of the City of akopee. 7 . Approval of a title opinio by the City Attorney. 8 . The developer must acquire all land to be dedicated as Onyx Drive or have the other property owner sign the plat or pay land acquisition costs if the property must be acquired by the City. ;I- 3 Schmitt/Czaja move preliminary approval of Heritage Place subject to the following conditions: 1 . The 12" water main in Austin Street must be extended through the plat on an alignment approved by SPUC. 2. Additional depth and oversizing of the sanitary sewer will be required to serve the Scottland property to the south. 3. An oversized storm sewer will be required to handle additional drainage from the south. The design of this through drainage must be coordinated with the Developer' s Engineer and the City Engineer. Cost of the storm drainage facilities beyond that necessary for the plat should be borne by the property owners to the south. 4. Street lighting should be provided at both ends of 12th Avenue and two intermediate points on the north part of the plat. 5 . Outlot A d B , and drainageway/trail (Outlot C) will be, dedicated to the City for park purposes. This area will count towards park dedication requirements, payment in lieu will also be required. 6. Execution of a developers agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPUC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. The developer will be reimbursed for the cost of oversizing of the water main. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. The developer will be reimbursed for the cost of oversizing of the sanitary sewer and storm sewer. D. Local streets and street signs shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. 7 . Approval of a title opinion by the City Attorney. 8 . The developer must acquire all land to be dedicated as Onyx Drive or have the other property owner sign the plat or pay land acquisition costs if the property must be acquired by the City. �3 9. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified before the installation of utilities. 10. Temporary drainage containment facilities must be provided on site adequate to handle drainage from the site until construction of the Upper Valley Drainageway is complete to the subdivision. A plan for the temporary drainage system must be submitted with the final plat. Motion carried unanimously. PUBLIC HEARING : Conditional Use Permit for an open sales I ;t Bart Bradford. Schmitt/Czaja moved to open the public hearing to consider the application for a Conditional Use Permit to operate an open sales lot (flea market) upon the 36 acres located east of valleyfair. Motion carried unanimously. The City Planner reviewed the application for a flea market on the property located immediately east of Valleyfair on Highway 101 . The site consists of 36 acres, and the market will operate from 6:00 a.m, to 3:00 or 4 :00 p.m. on weekends. He said the applicant was unable to be here for this public hearing. Schmitt/Czaja moved to continue the public hearing to July 9 , 1987 , or at the option of the applicant. Motion carried unanimously. PUBLIC HEARING : Conditional Use Permit to allow liouid bulk storage Peavey Company. Schmitt/Czaja moved to open the public hearing to consider the application for the Conditional Use Permit to allow liquid bulk storage in above ground tanks upon the property located at 3251 East Highway 101 . Motion carried unanimously. The City Planner reviewed the application for a storage tank for mineral oil to be stored in an above ground tank for Peavey Company. Jerry Gilbert, representing Peavey Company, said that the tank will be enclosed in a building so it will not be seen. Access to the tank will be by a door put in through the attached building. The reason for the storage of mineral oil is to suppress dust. Chairwoman VanMaldeghem asked if there was anyone from audience who wished to address this issue. There was no response. Foudray/Czaja moved to close the public hearing. Motion carried unanimously. y'3 Foudray/ Rockne offered Resolution No . 491 approving the Conditional Use Permit for a bulk storage tank subject to the following conditions: 1 . The tank must be screened fr/assocated ay 01 . 2. The tank must be placed in ringe area, not the floodway . 3 . The Peavey Company shall maions for access to the tank during flooding per 4. The tank must be secured inashion to withstand flood waters and the debris ed with floods Motion carried unanimouSchmitt/Rockne moved for 10 minss. Motion carried unanimously.Chairwomen VanMaldeghem called he meck to order at 10: 15p.m. I ING • P i P aHe ' 4th Addition Discussion ensued on the Horizon Hei is 4th Addition Preliminary Plat . It was the decision of th staff to recommend the developer petition for the upgr din of Muhlenhardt Road . Concerns were raised by the Com issi on the 6 1/2% grades within the development. The City nginee indicated that it was not a hardship for the developer t meet th 5% grade required. Dave Strube, Suburban Engineering said be be ' eves that Shakopee has more restrictive rules on street grades than surrounding communities. He said he did no feel that 6 1 % grade is too much. It was the consensus of the Commission to not go beyond the 5% grade particularly on the roadways approachi County Road 21. Schmitt/Rockne moved approval o the preliminary plat f r Horizon Heights 4th Addition subject to the following conditions 1. All street grades must c form to the 5% maximum all ed by City Code. 2. The developer must petit on for the upgrading of Muhlenh dt Road. The intersection of Muhlenhardt Road and County Road 021 must be changed to provide a 90 degree intersection and direct alignment with Sunrise Lane. Foudray/ Rockne offered Resolution No . 491 approving the Conditional Use Permit for a bulk storage tank subject to the following conditions: 1 . The tank must be screened from Highway 101 . 2. The tank must be placed in the flood fringe area, not the floodway . 3 . The Peavey Company shall make provisions for access to the tank during flooding periods. 4 . The tank must be secured in such a fashion to withstand flood waters and the debris associated with floods Motion carried unanimously. Schmitt/Rockne moved for a 10 minute recess. Motion carried unanimously. Chairwomen VanMaldeghem called the meeting back to order at 10: 15 p.m. PUBLIC HEARING • Preliminary Plat of Horizon Heights 4th Addition Discussion ensued on the Horizon Heights 4th Addition Preliminary Plat . It was the decision of the staff to recommend the developer petition for the upgrading of Muhlenhardt Road . Concerns were raised by the Commission on the 6 1/2% grades within the development. The City Engineer indicated that it was not a hardship for the developer to meet the 5% grade required. Dave Strube, Suburban Engineering, said be believes that Shakopee has more restrictive rules on street grades than surrounding communities. He said he did not feel that 6 1/2% grade is too much. It was the consensus of the Commission to not go beyond the 5% grade particularly on the roadways approaching County Road 21. Schmitt/Rockne moved approval of the preliminary plat for Horizon Heights 4th Addition subject to the following conditions: 1. All street grades must conform to the 5% maximum allowed by City Code. 2. The developer must petition for the upgrading of Muhlenhardt Road. The intersection of Muhlenhardt Road and County Road 021 must be changed to provide a 90 degree intersection and direct alignment with Sunrise Lane. 2.,3 3. A variance from City policy is hereby approved to allow six accesses onto County Road 521 . Four will be street accesses , two will be joint accesses serving individual lots. County entrance permits will be required for each access. 4 . Payment in lieu of land dedication for park purposes is required. 5. Street cross sections and profiles must be submitted with the final plat. 6 . A soils analysis confirming the suitability of each site for on site sewage treatment systems must be submitted with the final plat. 7. Street lights shall be provided on all intersections and cul-de-sac ends. B. Execution of a developers agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of REA. B. Local streets andstreetsigns shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. 9. Approval of a title opinion by the City Attorney. Motion carried unanimously. Schmitt/Czaja moved to recommend to staff that the necessary action be taken to amend our Comprehensive Plan to designate County Road 21 as a collectors street . Motion carried unanimously. STONEBROOKE PUD FINAL PLAN APPROVAL. Discussion ensued on the Stonebrooke PUD, (Formerly O' Dowd Lake Estates and Golf Course) . The consensus of the Commission was to not deal with the roadway issue. Comm. Schmitt asked the intent of Outlot A, Gary Laurent replied that they want to preserve it for possible enlargement of the parking lot if necessary. Gary Laurent reviewed all the changes that had been made to the plan. Streets have been named, and townhomes have been eliminated to comply with the zoning ordinances, and now have 78 single family lots in the project and 9 lots designated for twin homes. Chair woman VanMaldeghem said she would still like to have a written amendment to the first letter written by Al Frechette , Gary Laurent replied that he talked to Mr. Frechette and Mr. Frechette said he will be writing an amendment to his first letter and should be received by June 18 meeting. Comm. Czaja had a concern 2- i5 . . of hole number 8 crossing the water, he did not fee that thisis appropriate. Schmitt/Rockne moved that the Planning Commissio has elected not to readdress the roadway in light of City Cou oil ' s action and that the lighting plan, revised roadways i general and the layout, appears to be acceptable for the issues of Street lighting, county road access, phasing pla and the cul de sac excluding the drainage an ; and the delet' on of the closing of that road being closed t any time dur ng the year. Motion carried unanimously. Schmitt/Czaja moved to direct staff th seek alternative siting for commission meetings when issues warrant a larger crowd. Motion carried unanimously. Schmitt/Foudray moved to recommend the City Council that City staff begin an analysis of the ove 1 uses of the industrial zone and its long term viability o ap opriate uses and that it should be done by staff or consul ants d should not be placed on the developer because of the v sted in rest. Motion carried unanimously. Schmitt/Czaja moved to adjour Motion ca ried unanimously. Meeting adjourned at 11 :45 p.m. Dougl s Wise City lanner Caro Schultz Reco ding Secretary of hole number 8 crossing the water, he did not feel that this is appropriate. Schmitt/Rockne moved that the Planning Commission has elected not to readdress the roadway in light of City Council ' s action and that the lighting plan, revised roadways in general and the layout, appears to be acceptable for the issues of Street lighting, county road access, phasing plan and the cul de sac excluding the drainage plan ; and the deletion of the closing of that road being closed at any time during the year. Motion carried unanimously. Schmitt/Czaja moved to direct staff the seek alternative siting for commission meetings when issues warrant a larger crowd. Motion carried unanimously. Schmitt/Foudray moved to recommend to the City Council that City staff begin an analysis of the overall uses of the industrial zone and its long term viability or appropriate uses and that it should be done by staff or consultants and should not be placed on the developer because of the vested interest. Motion carried unanimously. Schmitt/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 11 :45 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 4 , 1987 Chairwoman Van Maldeghem called the meeting to order at 7 :30 p.m. with Comm. Czaja, Schmitt and Foudray present. Comm. Pomerenke was absent . Also present were John K . Anderson , City Administrator ; Dennis Kraft , Community Development Director; Douglas Wise, City Planner; Rodd Kress, Assistant City Attorney ; and Cncl . Clay. Comm. Rockne arrived at 8 :00 p.m. Czaja/Schmitt moved to approve the agenda as written. Motion carried unanimously. PUBLIC HEARING Aooeal of the admini_ tratiyg l ;nas by staff rezard ' ne the Maes of the orooerty by Gerald Schesso. Czaja/Schmitt moved to open the public hearing of an appeal of the administrative rulings by staff regarding the uses of the property located at 1199 Quincy Street . Motion carried unanimously. Discussion ensued on the issue of Gerald Schesso building a boat in his backyard. The City Planner said a stop work order was sent to Mr. Schesso until the issue of whether or not it is permitted to build a structure such as a boat in his yard. The Assistant City Attorney said that it is his believe that the City has no basis to prohibit the building of the boat because it is not specifically addressed in the City Code. Discussion ensued on whether or not to allow the building of the structure that surrounds the boat. The applicant said the surrounding structure is temporary until the boat is built and that he did have verbal permission to build. The applicant also submitted a petition that he had signed by surrounding neighbors stating that they did not object to the boat being built. A petition of approximately 250 signatures was entered into the record. Sean Matthews, 6171 White Drive , one of the builders asked if a conditional use permit would apply. The Asst. City Attorney said a variance would apply in this case not a conditional use permit. Gary Willingford, 714 E. 1st said since the council approved building the boat and the structure surrounding the boat is part of the construction then it should be allowed since it is just a temporary structure . The City . Planner said the City has to define accessory structure in regards to the building of the boat . Comm. Schmitt said that anything not considered primary living space is considered an accessory structure . Gerald Schesso, applicant , said the only reason for the accessory structure is to protect the boat while it is being built and it is only temporary . Schmitt/Czaja moved to close the public hearing. Motion carried unanimously. 7-3, Schmitt/Foudray moved that based on recommendation of legal council that the construction of a large boat in the rear yard 1199 Quincy Street be permitted based on the conditions present in this particular case and as indicated by testimony. Motion carried unanimously. Schmitt/Czaja moved to find that the structure at 1199 Quincy Street be found in accordance with staff to be an accessory building and requiring a building permit and/or a variance in accordance with city code requirements as outlined. Motion carried unanimously. Schmitt/Czaja moved for a 5 minute recess. Motion carried unanimously. Meeting was called back to order at 8:35 p.m. PUBLIC HEARING • Aop at OfS aff Ruling on zoning ordinance regarding temporary construe ion bIjildinas as living guarters Burdette JW. Smythe, PACE Development Co. Schmitt/Czaja .moved to open the public hearing on an appeal of the interpretation of the zoning ordinance regarding the use of temporary construction buildings as living quarters upon the property located at 232 Marschall Road . Motion carried unanimously. The city Planner said that Burdette W. Smythe, PACE Development Co. , has appealed saying that his living on the premises is necessary for security reasons. The Asst. City Attorney said that no such use exists in a B-1 zone and there appears to be no authority to allow anyone residing in a B-1 zone. The applicant said that the trailer is used as his office and sleeping area in the back and he feels it is necessary for security reasons around a construction site. Chairwomen VanMaldeghem asked if there was anyone present who wished to address this issue. There was no response. Czaja/Schmitt moved to close the public hearing. Motion carried unanimously. Czaja/Schmitt offered Resolution No. 495 sustaining staff administrative ruling that temporary construction building does not include living quarters. Motion carried unanimously. PUBLIC HEARING : Variance reg uest to reduced parkin stall reouirements from 40 to 34 Breckenridge Development Corporation. Czaja/Schmitt moved to open the public hearing to consider a request for a variance to reduce the required parking stall requirements from 40 to 34 for the proposed addition to the Aamco Transmission Shop on Highway 101 . There are currently 24 parking spots on the lot. Jim Bartlett, applicant, said it has been BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 4 , 1987 Chairwoman Van Maldeghem called the meeting to order at 7 :30 p.m. with Comm. Czaja, Schmitt nd Foudray present. Comm. Pomerenke was absent . Also pres nt were John K . Anderson , City Administrator ; Dennis Kr ft, Community Development Director; Douglas Wise, City Planner ; Rodd Kress, Assistant City Attorney; and Cncl . Clay. Comm. Ro ne arrived at 8 :00 p.m. --- Ca j.a/Schmitt moved to a prove the agenda as written . Motion carried unanimously. LIC HEARING : administrative regardina the s Czaja/Schmitt moved t open the public hearing of an appeal of the adm' n ' at ra t ' a lings by staff regarding the uses of the property located a 1199 Quincy Street . Motion carried unanimousl . Discussion en ed on the issue of Gerald Schesso building a boat in his backyar . T e City Planner said a stop work order was sent to Mr . Sche until the issue of whether or not it is permitted to build structure such as a boat in his yard. The Assistant City Attor a said that it is his believe that the City has no basis to proh' bi the building of the boat because it is not specifically add ease in the City Code. Discussion ensued on whether or not to allow he building of the structure that surrounds the boat. he apple ant said the surrounding structure is temporary until th boat is uilt and that he did have verbal permission to build. The app cant also submitted a petition that he had signed by urrounding eighbors stating that they did not object to the boat being built. A petition of approximately 250 signatures was ent red into the ecord. Sean Matthews, 6171 White Drive , one of he builders ked if a conditional use permit would apply. he Asst'. City ttorney said a variance would apply in this ase not a cond tional use permit. Gary Willingford, 714 E. is said since the c uncil approved building the boat and the str cture surrounding t e boat is part of the construction then i should be allowed since it is just a temporary structure . The City . Planner said the City has to define accessory str cture in regards to the building of the boat . Comm. Schmit said that anything not considered primary living space is co sidered an accessory structure . Gerald Schesso, applicant , said the only reason for the accessory structure is to prot ct the boat while it is being built and it is only temporary. Schmitt/Czaja moved to close the public hearing. Motion carried unanimously. their experience that they do not need four per stall. Comm. Czaja asked if the addition would be strictly automotive repair or office space . The applicant answered it will be used for automotive repair only. Chairwoman VanMaldeghem asked if there was anyone from the audience who wished to address this issue. Bev Koehnen, 2036 Canterbury Road, stated she recalled when they first made application the Planning Commission approved a 3 stall building, during the 7-day appeal period it was discovered that it was a 6 stall building, she appealed the decision of the Planning Commission to the City Council and they granted the variance. Foudray/Schmitt moved to close the public hearing. Motion carried unanimously. Foudray/Schmitt moved to approve the variance resolution No. 493 without any conditions. Motion carried unanimously. Schmitt/Foudray moved to direct staff to ensure that their files properly record the location of the parking stalls as they exist. Motion carried unanimously. Foudray/Schmitt moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:10 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary � y TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS - Regular Session Shakopee, MN July 9, 1987 Chairwoman Van Maldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3_ ,. Approval of May 7, and June 4, 1987 Meeting Minutes. 4. 7:30 P.M. PUBLIC HEARING: To , consider an application for variances from City Code Section 11. 03, Subd. 6 regulating the construction of accessory buildings upon the property located at 1199 Quincy Street. Applicant: Gerald Schesso Action: Variance Resolution #496 5. 7:40 P.M. PUBLIC HEARING: To consider an application for a variance of 18 ft. from the front yard setback requirements to build an attached garage at 1015 Shakopee Ave. East. Applicant: Steve Plonski Action: Variance Resolution #497 6. Other Business 7. Adjourn Douglas K. Wise City Planner TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN July 9, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7: 30 P.M. 2. Approval of Agenda 3. Approval of June 4, 1987 Meeting Minutes 4. 7:50 P.M. PUBLIC HEARING: To consider the rezoning of the property located on the North side of Bluff Avenue, from Fillmore Street to just West of Marschall Road from R-3 to B-1. Applicant: City of Shakopee Action: Recommendation to City Council 5. 8:00 P.M. PUBLIC HEARING: To consider the preliminary and final plat of Eagle Creek Junction 2nd Addition, 18. 5 acres lying South of County Road 16 and West of County Road 17 in an R-4 Zoning District. Applicant: Inca Development Company Action: Recommendation to City Council 6. 8:10 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to construct a church upon 2. 75 acres located at 833 Marschall Road South. Applicant: Mount Olive Ev. Lutheran Church Action: Conditional Use Permit Resolution #498 7. 8:20 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to move a single family dwelling unit upon the property located on Lot 5, Block 1, Hauer' s 2nd Addition. Applicant: James Hauer Action: Conditional Use Permit Resolution #499 ,;2- � 8. 8:30 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to move a single family dwelling unit upon the property located on Lot 1, Block 3, Killarney Hills Addition. Applicant: Eldon Greenwood Action: Conditional Use Permit Resolution #500 9. Final Plat of Heritage Place First Addition Applicant: Heritage Development Inc. Action: Recommendation to City Council 10. other Business a. Supreme Court Decision b. Report on City Council Action 11. Adjourn Douglas Wise - City Planner 8. 8: 30 P.M. PUBLIC HEARING: To consider an application for T Conditional Use Permit to move a single family dwelling unit upon the property located on Lot 1, Block 3, Killarney Hills Addition. Applicant: Eldon Greenwood Action: Conditional Use Permit Resolution #500 9. Final Plat of Heritage Place First Addition Applicant: Heritage Development Inc. Action: Recommendation to City Council 10. Other Business a. Supreme Court Decision b. Report on City Council Action 11. Adjourn Douglas wise - City Planner TENTATIVE AGENDA - ..-- REGULAR SESSION SHAKOPEE, MINNESOTA JULY 7, 1987 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consert Business - (All items listed with an asterick are considered tc 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. ) *5] Approval of Minutes of June 2nd and June 16th, 1987 61 Communications: (Items noted for consent will be received and filed) a] Peter E. Meintsma, Chrm. , Metropolitan Waste Control Commission re: MWCC budget for coming year b] Stan Ockwig, General Manager, Canterbury Inn re: allowing the serving of liquor starting at 10:00 A.M. Sundays *c] Ed Crosier, Fish and Wildlife Service re: hunting North of Hwy 101 and South of the river d] Mount Olive Evangelical Lutheran Church Building Committee re: new church in Eagle Creek Junction 2nd Addition 7] Public Hearings: a] 7:45 P.M. - Improvement to Market Street' £rom 2nd Avenue to 4th Avenue by street construction - continued from May 12, 1987 b] 8:00 P.M. - Appeal by Burdette Smythe of the Board of Adjustment and Appeals affirming staff decision that the use cf a temporaryconstruction building as living quarters is not a permitted use - 232 Marschall Rd. c] 8: 15 P.M. - Appeal by Beverly Koehnen of the Board of Adjustment and Appeals approval of a variance to reduce the required parking stall requirements for the proposed addition to the Aamco Transmission Shop - 630 E 1st 8] Boards and Commissions: Planning Commission a] Stonebrooke Development (O'Dowd Estates and Golf Club) - final approval of planned unit development - Res. No. 2749 9] Reports from Staff: [Council will take a 10 minute break around 9:00] a] Appointment to Planning Commission b] Sewer Back-up Committee Report * c] Administration of the City' s Floodplain Ordinance - Res. 2748 TENTATIVE AGENDA July 7, 1987 Page -2- 9] Reports from Staff continued: *d] League of Minnesota Cities Memo on Recent U.S. Supreme Court Decision *e] 15 Minute Parking Zone *f] Hiring Receptionist/Typist *g] Recording Secretary Emplo ent Agreement *h] Semi-Final Estimate - 198 -2 Eaglewood Street Rehab Project C 'it Equipment Purchas - Printer J] Ch e Order No. 3 for 1 86-3 Fourth Avenue Streetscape Umbr la Insurance Polic 11 Levy L it Appeal m] "Availab e" Cash n] Approve B is in Amoun of $2,679,820.13 10] Resolutions and Ordin es: *a] Res. No. 2745, Ame 'ng Garbage Service Rate b] Res. No. 2747, Rec iv i Report & Calling Hearing On Improvement to 13th A - CR-16 to CR-17 -(1987-12) c] Res. No. 2751 , Re eiving Re rt & Calling Hearing On Extension the VIP S 'tart' Sewer from CR-17 to CR-79 1987-13) d] Res. No. 2750, ccepting Work on a 1986-7 2nd Ave. Landscaping e] Res. No. 2744, Layout Approval for H 101 Bypass from Proposed TH 41 to CSAH 15 111 Other Business: a] Vierling ive - Easterly and Westerly termini b] Administ tive Policy No. 115 - Mayor Reinke asked for discussion c] d] e] 12] Adjourn to Tuesday, July 14, 1987 at 7:00 P.M. Jchn K. Anderson City Administrator TENTATIVE AGENDA July 7, 1987 Page -2- 9] Reports from Staff continued: *d] League of Minnesota Cities Memo on Recent U.S. Supreme Court Decision *e] 15 Minute Parking Zone *f] Hiring Receptionist/Typist *g] Recording Secretary Employment Agreement *h] Semi-Final Estimate - 1985-2 Eaglewood Street Rehab Project . ]� Capital Equipment Purchase - Printer \ � ] ; Change Order No. 3 for 1986-3 Fourth Avenue Streetscape �k�" Umbrella Insurance Policy 11 Levy Limit Appeal m] "Available" Cash n] Approve Bills in Amount of $2,679,820. 13 101 Resolutions and Ordinaces: *a] Res. No. 2745, Amending Garbage Service Rate b] Res. No. 2747, Receiving Report & Calling Hearing On Improvement to 13th Ave. - CR-16 to CR-17 -(1987-12) c] Res. No. 2751, Receiving Report & Calling Hearing On Extension of the VIP Sanitary Sewer from CR-17 to CR-79 (1987-13) d] Res. No. 2750, Accepting Work on the 1986-7 2nd Ave. Landscaping e] Res. No. 2744, Layout Approval for TH 101 Bypass from Proposed TH 41 to CSAH 15 11] Other Business: a] Vierling Drive - Easterly and Westerly termini b] Administrative Policy No. 115 - Mayor Reinke asked for discussion C] d] e] 12] Adjourn to Tuesday, July 14, 1987 at 7:00 P.M. Jchn K. Anderson City Administrator yam' OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 1987 Mayor Reinke called the meeting to order at 7:00 p.m. with Cool. Lebens, Vierling, Wampach and Clay present. Cncl. Leroux arrived at 8:30 p.m. __.Also present were John K. Anderson, City A ��dmm nistrator; Dennis Kraft, Executive Director; Douglas Wise, City Planner; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; and Julius A. Collar II, City Attorney. Wampach/vierling moved to recess for the BRA meeting. Motion carried unanimously. Clay/Vierling moved to convene as Board of Review. Motion carried unanimously. Bob Schmitt, Scott County Assessors office, reviewed the assessments done for 1986. There were about 360 new structures for which-building-permits were issued. He said the valuesof — property should be kept within 908 of market value. Mensing & Houser property, 1211 Taylor Street, Parcel No. 27 104- 008 0 to 27 104 008 3. He said the total assessment estimate is $161,600. He said there is -a concern because the owner cannot get any financing for this property because the roadway is not up to code. Vierling/Lebens moved to concur with the assessor's estimated market value of $161,600, for parcel no. 27 104 008 0 to 27 104 008 0. Motion carried unanimously. Brown/Luce Properties, 518 E. 2nd, Parcel No. 27 001 841 0. He said there is currently legal action filed for an apartment building in Prior Lake which is addressing the ramifications of the tax laws. He said he would recommend waiting on any decision until this court case is final which should be coming up in the fall. Vierling/Wampach moved to concur with assessor's estimated market value of $101,000 for parcel no. 27 001 841 0 and await legal decision from the court action on tax legislation affecting an apartment building in Prior Lake. Motion carried unanimously. Cletus J. Link property, W. 3rd Avenue, Parcel No. 27 911 018 1. He said this is a vacant lot of approximately 1.17 acres. Total estimated value is $12,700. Half of the property is zoned R-4 and other half is zoned B-1. Cletus Link said that his taxes on this parcel of land were $706 this past year, and the property is not developable because of the phone cable and the NSP lines running through it. Cletus Link owns the property abutting this parcel but he still considers this property worthless. Mayor Reinke said he would like to see some research done on what effect those various utility easements have as far as eliminating City Council June 2, 1987 Page -2- total development ofthe property and some kind of credit being given for unbuildable portions of property. Vierling/Lebens moved to have assessors office meet with Cid Planner and discuss the Clete Link par 1 - no: 27 -911 018 1 regarding split zoning and easements across he property. Motion carried unanimously. Vierling/Lebens moved to conc r with the estimated market value of $67,200, for the proper y owned by alph and Bonnie Nelson, 1006 S. Atwood, Parcel N . 27 012 0 5 0. Motion carried unanimously. Bob Schmitt said that Elsie ebens s withdrawn her complaint after he discussed with her a rea ons why her valuation was increased. Vierling/Lebens moved to table t e position of Clarence Lebens until next meeting so he can b present. Motion carried unanimously. Wampach/Vierling moved to tabl the opposition of Steven Benedict, 404 E. 3rd Avenue, Parc a. 27 001 384 0, until next meeting so he can be present. Mo ion carried unanimously. Bob Schmitt reviewed the apprai 1 of a 8700 Partners building, 8700 E. Highway 101. He sai the otal structure value is $912,500, and the total estima d market value is $1,012,500. Lebens/Vierling moved to a ree with t e assessors estimated market value of $1,012,500 on parcel No. 2 086 002 0. Motion carried unanimously. Wampach/Vierling moved to receive and fil the letter from Valleyfair questioning th ee points in t it real estate valuation: (1) valuation of amphitheater sea 'ng improvements, (2) valuation of raft rid improvements; and ( ) classification of a major portion of t raft ride as real p operty. Motion carried unanimously. Lebens/Vierling moved to eceive and file the letter from Wm Scheurer regarding the stimated market value of his property. Motion carried unanimous y. Bev Koehnen, 2036 Canterbury Road, questioned the valuation of her property, she said she has gotten written testimony from real estate agents and attorneys that the value of her property since it has been rezoned from B-1 to URD has been substantially diminished. Discussion ensued on the railroad property along her property. It was the consensus of the Council to check with the records office and get square footage corrected and reevaluate the property accordingly. City Council June 2, 1987 Page -2- total development ofthe property and some kind of credit being given for unbuildable portions of property. Vierling/Lebens moved to have assessors office meet with City Planner and discuss the Clete Link parcel no. 27 911 018 1 regarding split zoning and easements across the property. Motion carried unanimously. Vierling/Lebens moved to concur with the estimated market value of $67 ,200, for the property owned by Ralph and Bonnie Nelson, 1006 S. Atwood, Parcel No. 27 012 085 0. Motion carried unanimously. Bob Schmitt said that Elsie Lebens has withdrawn her complaint after he discussed with her the reasons why her valuation was increased. Vierling/Lebens moved to table the opposition of Clarence Lebens until next meeting so he can be present. Motion carried unanimously. Wampach/Vierling moved to table the opposition of Steven Benedict, 404 E. 3rd Avenue, Parcel No. 27 001 384 0, until next meeting so he can be present. Motion carried unanimously. Bob Schmitt reviewed the appraisal of the 8700 Partners building, 8700 E. Highway 101. He said the total structure value is $912,500, and the total estimated market value is $1,012,500. Lebens/Vierling moved to agree with the assessors estimated market value of $1,012,500 on parcel No. 27 086 002 0. Motion carried unanimously. wampach/Vierling moved to receive and file the letter from Valleyfair questioning three points in their real estate valuation: ( 1) valuation of amphitheater seating improvements, (2) valuation of raft ride improvements; and (3 ) classification of a major portion of the raft ride as real property. Motion carried unanimously. Lebens/Vierling moved to receive and file the letter from Wm Scheurer regarding the estimated market value of his property. Motion carried unanimously. Bev Koehnen, 2036 Canterbury Road, questioned the valuation of her property, she said she has gotten written testimony from real estate agents and attorneys that the value of her property since it has been rezoned from B-1 to URD has been substantially diminished. Discussion ensued on the railroad property along her property. It was the consensus of the Council to check with the records office and get square footage corrected and reevaluate the property accordingly. City Council June 2, 1987 Page -3- Lebens/Vierling moved to table Bev Koehnen property until next meeting. Motion carried unanimously. Charles Campbell, 734 Minnesota Street, had a question as to why the value of his property went up $7,600 in the last four years. Mr. Schmitt answered that the values are kept within 90% of what their worth is. Mr. Schmitt said he would look into this further and get in touch with Mr. Campbell in a few days. Vierling/Wampach moved to table Mr. Campbell' s opposition until next meeting. Motion carried unanimously. Vierling/Wampach moved to table the opposition of Donald Tech, 109 E. 7th Avenue, until next meeting. Motion carried unanimously. Harold Marschall, 2240 Marschall Road, had a concern on the increase of valuation on the four plex apartment. Mr. Schmitt said he would look further into this matter and have some information by next meeting. Vierling/Lebens moved to table the Harold Marschall four plex apartment until next meeting. Motion carried unanimously. Lebens/Vierling moved to adjourn to June 16, 1987. Motion carried unanimously. Lebens/Vierling moved to reconvene to City Council at 8:30 p.m. Motion carried unanimously. Mayor Reinke asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Lebens/Clay moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion. carried. Lebens/Wampach moved to approve the minutes of May 12, 1987. Motion carried with Cncl. Vierling abstaining. Lebens/Clay moved to approve the minutes of May 5, and 6, 1987. (Motion approved under consent business) Vierling/Lebens moved to accept with regrets the letter of resignation. from Gary Hartmann, resigning as a City Council appointee to the Shakopee Community Recreation Board. Motion carried unanimously. Leroux/Wampach moved to send a letter of support from the City Council on Betty Sindt's appointment to the League of Minnesota City Council June 2, 1987 Page -4- Cities Board. Motion carried unanimously. Vierling/Lebens moved to receive and place on file the letter from Jane F. Hansen, Project Co-chair, League of Women Voters of Shakopee, on the production of four educational video tapes initiated by the Community Education Depar ent of Prior Lake Public Schools. Motion carried unanimously Liaison reports were given by Councilmembe s. The City Planner reviewed the Planning mmission's decision on the Upper Valley Drain eway saying the recommended the City establish a policy re firing all plats approved from this date forward to dedicate 1 nd needed for a drainageway project. Right now it appears to a the developer option as to whether or not to dedicate land. Di cussion ensu on whether or not the city wants the addition easements to maintain, and what the setbacks would be. . Vierling/Lebens moved to have st ff re iew the setback policy and land dedication options for p k edication and come back to Council. Motion carried unanimous Discussion ensued on the 1988-92 C - tat Improvements. Cncl. Leroux said he thinks item No. 7 hould be removed from the Capital Improvement program. Leroux/Vierling moved to remove its No. 7, Downtown Motel, from the CIP. Motion carried unanimousl . Mayor Reinke said he would like o see a high r priority set on No. 19, (County Road 77) (not in C ty limits) an No. 33, CR-16. Leroux/Vierling moved to accept the offer from Mr. Stans to upgrade Stans Park. Motion carri d unanimously. Leroux/Vierling moved to accept the Capital Improveme t Program as amended this evening by ity Council and including the planning commission recommends ions of 1) reevaluating No. 61 Prior Lake overflow and perhaps Oiving it a higher prioriy and 2) adding to the program the const ction of sidewalks on 4th Avenue from Fillmore Street East. Moti n carried with Lebens opposed. Clay/Lebens moved for a 10 minute recess. Motion carried unanimously. Clay/Lebens moved to reconvene at 9:40 p.m. Motion carried unanimously. Lebens/Clay moved to exercise the City's three month dial-a-ride City council June 2, 1987 Page -4- Cities Board. Motion carried unanimously. vierling/Lebens moved to receive and place on file the letter from Jane F. Hansen, Project Co-chair, League of Women Voters of Shakopee, on the production of four educational video tapes initiated by the Community Education Department of Prior Lake Public Schools. Motion carried unanimously. Liaison reports were given by Councilmembers. The City Planner reviewed the Planning Commission' s decision on the Upper Valley Drainageway saying they recommended the City establish a policy requiring all plats approved from this date forward to dedicate land needed for the drainageway project. Right now it appears to be the developers option as to whether or not to dedicate land. Discussion ensued on whether or not the city wants the additional easements to maintain, and what the setbacks would be. . vierling/Lebens moved to have staff review the setback policy and land dedication options for park dedication and come back to Council. Motion carried unanimously. Discussion ensued on the 1988-92 Capital Improvements. Cncl. Leroux said he thinks item No. 7 should be removed from the Capital Improvement program. Leroux/Vierling moved to remove item No. 7, Downtown Motel, from the CIP. Motion carried unanimously. Mayor Reinke said he would like to see a higher priority set on No. 19, (County Road 77) (not in City limits) and No. 33 , CR-16. Leroux/Vierling moved to accept the offer from Mr. Stans to upgrade Stans Park. Motion carried unanimously. Leroux/vierling moved to accept the Capital Improvement Program as amended this evening by City Council and including the planning commission recommendations of 1) reevaluating No. 61 Prior Lake overflow and perhaps giving it a higher prioriy and 2) adding to the program the construction of sidewalks on 4th Avenue from Fillmore Street East. Motion carried with Lebens opposed. Clay/Lebens moved for a 10 minute recess. Motion carried unanimously. Clay/Lebens moved to reconvene at 9:40 p.m. Motion carried unanimously. Lebens/Clay moved to exercise the City's three month dial-a-ride City Council June 2, 1987 Page -5- option and expand the dial-a-ride service hours until 9:00 p.m. , Monday thru Friday for the time period June 8 - Sept. 4th. (Approved under consent business) Barry Stock, Administrative Assistant, reviewed the Community Energy Council Grant Application. It has been suggested to expand the program to include (1) expanding the recycling program to include apartment complexes on a demonstration basis, (2) expand the transit program to Saturdays (doing a 6 month demonstration) and ( 3) to initiate a reverse van pool program (one that brings people from other communities to Shakopee, (4) and home energy audit program. It would include auditing up to 150 homes. The cost to the City would be $1,500, $500 of which can be in kind services, total cost to the City would be $1,000. Leroux/Vierling offered Resolution No. 2735, A Resolution Authorizing Appropriate City Officials to Submit a Community Energy Council Grant Application, and moved its adoption. Roll Call: Ayes: Unanimous - Noes: None Motion carried. Vierling/Wampach moved to authorize the appropriate City ! officials to reimburse Mr. Virgil Van Heel for out of pocket expenses totaling $1,833.07 for which Mr. Van Hell cannot be otherwise compensated because of errors made on the part of the City and Mr. Van Heel in approving and then amending his original building permit. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Lebens moved to rename 13th Avenue to Vierling Drive. ! Motion carried unanimously. Leroux/Wampach moved to direct appropriate City officials to study the incorporation of the administrative policy dated May 27, 1987, into the permanent zoning ordinance of the City, relating to installation of one inch water services to predesignated twin home sites in new subdivisions. Motion carried unanimously. Vierling/Lebens moved to authorize the City Administrator to enter into a contract with Mr. Jim Link to prepare a real estate appraisal for the 18,726 sq. foot parcel of property located adjacent to 13th Avenue in East Shakopee for an amount not to exceed $800.00. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to direct the Assistant City Attorney to invoke the arbitration clause, Section 8.02, of the joint powers agreement dated June 2, 1981, between the City of Shakopee, City of Prior Lake and the Prior Lake Spring Lake Watershed District. Roll Call: Ayes: Unanimous Noes: None Motion carried. City Council June 2, 1987 Page -6- Lebens/Clay moved to direct staff to obtain realtor' s market analysis of the value of the benefit of street/ improvements to Market Street between 2nd Avenue and 4th enue. (Motion approved under consent business) . Leroux/Vierling moved to receive and file a Endorsements for Vice President of the League of Minnesota Ci as. Motion carried unanimously. Discussion ensued on the park keeper i ury in Memorial Park while loading trashontainers into he garbage truck. Jim Karkanen has since to ted a hydraulic arm that will load the cans into the garbag truck at a c at of $1,500. Discussion ensued on hiring extra w kers to oper to equipment in the public works department. Leroux/Vierling moved to ecomme d to the capital equipment committee that they look into the urchase of a hydraulic arm at acost of $1,500.00. Motion rr'ed unanimously. Vierling/Leroux moved to ac pt the resignation of Pennie Schlechter, Receptionist/Typis , ffective June 12, 1987. Motion carried unanimously. Vierling/Clay moved to aut rize ad ertising for the position of Receptionist/Typist. Motio carried animously. Lebens/Clay moved to au orize appro iate City officials to execute the Joint Sti lation of App opriate Unit with the Minnesota Teamsters Publ c and Law Enforce ent Employees ' Union, Local No. 320 author zing their repres ntation of the Police Sergeants in Shakopee. (Approved under con nt business) . Lebens/Clay moved to emove from the table th application for a Taxicab License f om Town Taxi. (Appro ed under consent business) . Lebens/Clay moved o approve the application and grant a Taxicab License to Town T xi of 2812 University Avenue SE. , Minneapolis, MN 55414. (Approved under consent business) . Lebens/Clay moved to approve the application and grant an on- sale 3.2 beer license to the Shakopee Jaycees at Tahpah Park Hallfields for June 13 and 14, July 25 and 26, 1987. (Approved under consent business) . Lebens/Clay moved to approve the application and grant an on-sale 3 .2 beer license to the Church of St. Mark at 3rd Avenue and Scott Street Playground for July 25 and 26, 1987. (Approved under consent business) . Lebens/Clay moved to purchase P200SE 20" Smoke Ejector from 7 City Council June 2, 1987 Page -6- Lebens/Clay moved to direct staff to obtain realtor's market analysis of the value of the benefit of street improvements to Market Street between 2nd Avenue and 4th Avenue. (Motion approved under consent business) . Leroux/Vierling moved to receive and file the Endorsements for Vice President of the League of Minnesota Cities. Motion carried unanimously. Discussion ensued on the park keeper injury in Memorial Park while loading trash containers into the garbage truck. Jim Karkanen has since located a hydraulic arm that will load the cans into the garbage truck at a cost of $1,500. Discussion ensued on hiring extra workers to operate equipment in the public works department. Leroux/Vierling moved to recommend to the capital equipment committee that they look into the purchase of a hydraulic arm at a cost of $1,500.00. Motion carried unanimously. Vierling/Leroux moved to accept the resignation of Pennie Schlechter, Receptionist/Typist, effective June 12, 1987. Motion carried unanimously. Vierling/Clay moved to authorize advertising for the position of Receptionist/Typist. Motion carried unanimously. Lebens/Clay moved to authorize appropriate City officials to execute the Joint Stipulation of Appropriate Unit with the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 authorizing their representation of the Police Sergeants in Shakopee. (Approved under consent business) . Lebens/Clay moved to remove from the table the application for a Taxicab License from Town Taxi. (Approved under consent business) . Lebens/Clay moved to approve the application and grant a Taxicab License to Town Taxi of 2812 University Avenue SE. , Minneapolis, MN 55414. (Approved under consent business) . Lebens/Clay moved to approve the application and grant an on- sale 3. 2 beer license to the Shakopee Jaycees at Tahpah Park Eallfields for June 13 and 14, July 25 and 26, 1987. (Approved under consent business) . Lebens/Clay moved to approve the application and grant an on-sale 3 .2 beer license to the Church of St. Mark at 3rd Avenue and Scott Street Playground for July 25 and 26, 1987. (Approved under consent business) . Lebens/Clay moved to purchase P200SE 20" Smoke Ejector from 1 25 1 City Council June 2, 1987 Page -7- Conway Fire and Safety for $620. 00. (Approved under consent business) . Lebens/Clay moved to purchase P164SE 16" and Assy. from Clarey Safety Equipment for $1,875.00. (Approved under consent business) . Lebens/Clay moved to declare the following vehicles surplus and to be sold at auction: 1979 Malibu, 1982 Malibu, 2 - 1984 LTD, 1980 Jeep, 1970 Chev Truck, 1960 Ford Van. (Approved under consent business) . Vierling/Wampach moved to approve the bills in the amount of $59,660.30. Roll Call: Ayes: Unanimous Noes: None Motion carried. -- - Lebens/Vierling moved to table the vacation of Austin Street So. , of Davis Court. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2734, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids 13th Avenue from County Road 89 to the East Corporate Limits Project No. 1986-9. Roll Call: Ayes: Unanimous Noes: None Motion carried. - Lebens/Clay offered Resolution No. 2736, A Resolution Accepting Bid on City Parks Improvement Project No. 1987-8 and moved its adoption. (Approved under consent business) . Vierling/Lebens moved to appoint the City Clerk as Acting City Administrator from June 9 to June 11, 1987. Motion carried unanimously. It was consensus of the council ' to hold the annual Boards and Commissions Picnic on July 20, 1987. The Executive Director reviewed the development of the former prison site. He said the Planning Commission did not support mixed uses on that property. Thomas Massey, the interested developer said due to the lack of support from the City they did not wish to go forth with the project at this time. Leroux/Lebens moved to approve the reduction of transfers from the Revenue Sharing Fund to the General Fund and the increase of transfers from the Revenue Sharing Fund to the General Fund and the increase of transfers from the Capital Equipment Fund to the General fund in the amount of $10,901 for the 1986 fiscal year. Roll Call: Ayes: Unanimous Noes: None Motion carried. Lebens/Leroux moved to recess for Executive Session to discuss labor negotiations. Motion carried unanimously. City Council June 2, 1987 Page -8- Lebens/Vierling moved to reconvene to Ci y Council. Motion carried unanimously. Wampach/Vierling moved to journ to sday, June 16, 1987 at 7:00 p.m. Motion carried u nimously. Meeting adjourned at 10: 55 P.M. ith S. Cox C' Clerk arol Schultz ecordin ecretary City Council June 2, 1987 Page -8- Lebens/Vierling moved to reconvene to City Council. Motion carried unanimously. Wampach/Vierling moved to adjourn to Tuesday, June 16, 1987 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 10:55 P.M. Judith S. Cox City Clerk Carol L. Schultz Recording Secretary I PROCEEDINGS OF THE SHAKOPEEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 16, 1987 Mayor Reinke called the meeting to order at 7: 00 p.m. with Cncl. Lebens, Vierling, Wampach, Leroux and Clay present. Also present were Dennis Kraft, Executive Director; John Anderson, City Administrator; Kenneth Ashfeld, City Engineer; Douglas wise, City Planner; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. Mayor Reinke continued the Board of Review. Bob Schmitt, Scott County Assessors Office, reviewed the complaint of Cletus J. Link regarding his market value assessment of his property located W. 3rd Avenue, Parcel No. 27 911 018 1. Cletus Link says that he thinks the property is unbuildable. In reviewing the property, Bob Schmitt said the power line easement affects only the westerly 140 feet of the property and this would leave approximately 500 feet of width which are not located under power line, therefore, the property is buildable which has an access on Harrison Street. Mr. Link addressed the issue of the Harrison Street access saying there is a 20 foot drop off and there is also a telephoneeasement going down the middle of the property. Wampach/Vierling moved to table the Clete Link parcel No. 27 911 018 1 until June 22, 1987 , at 7:00 p.m. due to further information needing to be obtained. Motion carried unanimously. Bob Schmitt addressed the property of Cletus Link located on W. 3rd Avenue, Parcel No. 27 015 014 0, he said the structure was built in 1986, total market value is estimated $161,200, the lumber storage building is new this year and the entire building has a concrete floor. The value last year was $114, 000. Leroux/Vierling moved to concur with the Assessor' s estimated market value of $161,200 for parcel No. 27 015 014 0. Motion carried unanimously. Wampach/Clay moved to concur with the Assessor' s estimated market value of $43 ,500 for parcel No. 27 001 829 0. Motion carried unanimously. Vierling/Lebens moved to concur with the Assessor' s estimated market value of $61,000, for Steven Benedicts property located on 404 E. 3rd Avenue, parcel No. 27 001 384 0. Motion carried unanimously. Bob Schmitt reviewed the parcel owned by Beverly Koehnen, located at 600 Block E. of 2nd Avenue, he said she has a question as to whether or not the railroad owns part of this property. He said the Chicago Northwest does own mineral rights only on this City Council June 16, 1987 Page -2- property. Beverly Koehnen said she had a copy of the deed No. 69786 and there may be a different railroad that owns this property. Vierling/Lebens moved to table The Beverly Koehnen parcel on E. 2nd Ave. until further clarification on the deeds and ownership. Motion carried unanimously. Bob Schmitt reviewed the parcel located at 734 Minnesota Street, owned by Charles T. Campbell, parcel No. 27 008 024 0. He said the garage is heated and detached and was built in 1968. The total estimated value is $72, 900. Mr. Cambell said he had a question as to how much a heated garage raises taxes, he has not heated his garage since he has lived there, and the basement he felt did not raise the value of the house. Vierling/Lebens moved to table the Assessor' s estimated market value of parcel No. 27 008 024 0, owned by Charles Cambell. Motion carried unanimously. Bob Schmitt reviewed the property located at 919 E. 7th Avenue owned by Donald and Shirley Tech, parcel No. 27 008 066 0. He has not heard from them since he explained the assessments to them. Leroux/Wampach moved to concur with the Assessor' s estimatd market value of $59,600, for parcel No. 27 008 066 0, owned by Donald and Shirley Tech. Motion carried unanimously. Harold Marschall has a question as to why his taxes had increased 758 from last year. He owns a 4-plex located on 550 Dakota Street. The assessor has asked him for more information on the rents. Leroux/Vierling moved to table the estimated market value for parcel No. 27 032 014 0, owned by Harold Marschall pending more rent information to be supplied. Motion carried unanimously. Bob Schmitt reviewed the parcel owned by Mensing & Houser located at 1211 Taylor Street, Parcel No. 27 104 008 0 to 27 104 008 3. He said the first parcel is estimated to be $39 ,400, 2nd is $41,400, 3rd is 41,400 and 4th parcel is $39,400 grand total of $161,600. Leroy Houser said the parcel just sold for $20,000 less than the estimated value of the property. He said his reason for gettng an abatement was because it would be out of line with market conditions not because he could not get a mortgage. The purchase agreement will close as of September 1, 1987 . Leroux/Lebens moved to table the Mensing & Hauser parcel No. 27 City Council June 16, 1987 Page -3- 104 008 0 to 27 104 008 3 until the assessor can look at the purchase agreement. Motion carried unanimously. Lebens/Leroux moved to concur with the Assessor' s estimated market value for William Scheurer property located at 708 Madison St. , Parcel No. 27 017 048 0. Total estimated market value being $65,800. Motion carried unanimously. Discussion ensued on the Murray Williamson property being Shakopee Super 8 Motel, parcel No. 27 120 004 0. Mr. .Williamson said he feels the estimated market value of $1,053,000 is out of line with other motels he had made comparisons with. He said he feels it should have been valued by using the cost approach. Mr. Schmitt answered that by using the cost approach the valuation would be higher. Lebens/Leroux moved to table the estimated market value for Shakonee Super 8 until Mr. Williamson and Mr. Schmitt can discuss this further. Motion carried unanimously. Clay/Lebens moved to concur with Assessors estimated market value of $190,800 for parcel No. 27 001 127 0, owned by Shakopee Associates, 450 W. 1st Avenue, also known as Radio Shack and Crown Auto stores. Motion carried unanimously. Wampach/Leroux moved to concur with Assessor' s estimated value of 5144,000 for parcel No. 27 081 009 1, property owned by Shakopee Equine Clinic, 4110 Valley Industial Blvd. Motion carried unanimously. Leroux/Vierling moved to continue the Board of Review to Monday, June 22, 1987 at 7:00 p.m. Motion carried unanimously. Clay/Wampach moved to recess ' for HRA meeting. Motion carried unanimously. Lebens/Wampach moved to reconvene to City Council at 8:30 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/Vierling moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to approve the minutes of May 19, 1987. (Approved under consent business) . City Council June 16, 1987 Page -4- There was a letter submitted by Canterbury Inn requesting the City to reconsider the issue of serving liquor on Sunday starting at 10:00 A.M. Consensus was to schedule this issue for the July 7 , meeting. Lebens/Vierling moved to receive the letter from Stan Ockwig, Canterbury Inn, dated June 2, 1987 regarding the sale of liquor on Sunday starting at 10:00 A.M. and place it on the agenda. Motion carried unanimously. Discussion ensued on the O'Dowd Estates and Golf Club Environmental Assessment Worksheet Declaration - Resolution No. 2740. Cncl. Lebens said her main concern was for the residences currently out there, and she has gotten more calls from people who are opposed than for this development. The City Planner said the well system has to be approved by the department of Natural Resources. Cncl. Wampach said at this point without an Environmental Impact Statement the City stands to lose a lot because the potential problems with the onsite sewage treatment facility. The City Administator reviewed the letter received from Allen Frechette, Environmental Health Manager of Scott County, addressing the issue of the onsite systems having an effect on the groundwater. He stated that he is no longer concerned with the groundwater being contaminated because of the further information he has been provided on the systems. Leroy Houser, City Building Inspector, addressed the issue of septic systems. He said the septic systems are installed by licensed installers. There is an extremely low failure rate of our septic systems within the City. Bill Dellwo asked Mr. Houser who was making these soil tests and how many were tested. Mr. Houser replied that everytime a permit is requested another soil test will be given. Gary Laurent said right now every lot that is being proposed can support a system. The lots have been reduced from 99 to 87 residential lots. Robert Schmitt raised a lot of concerns on the possible pollution that can and will probably occur with this kind of development. Dr. Murali Svinivason said he has just heard negative comments about this development and it seems that just one developer is beingsingledout. Joe Falk, Louisville Landfill said he would not be drinking this water out at the landfill if he thought it was contaminated. Leroux/Clay moved to offer Resolution No. 2740 , A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for O'Dowd Lake Estates and Golf Club. Roll Call: Ayes: Cncl. Leroux, Vierling, Clay and Mayor Reinke Noes: Cncl. Lebens and Wampach Motion carried. City Council June 16 , 1987 Page -5- Leroux/Vierling moved for a 10 minute recess. Motion carried unanimously. Wampach/Vierling moved to reconvene at 10:30 p.m. Motion carried unanimously. The City Planner reviewed the Preliminary Plat of Horizon Heights 4th addition, located south of County Road 16, North of County Road 42, East of Muhlenhardt Road and West of Hwy 13. There were three grades indicated in the plat in excess of the 5% grade maximum. A 6.5 grade is the maximum in the plat. The City Engineer said that he does not see a hardship as far as the grades are concerned. Greg Strube, Suburban Engineering, said that it is feasible to modify some of the grades to 58, existing Muhlenhardt road is in excess Of 8%. He said he felt that since he was working on the river bluffs he did not think that grades of 6 1/28 was too much. Discussion ensued on what could be done with Muhlenhardt Road . The City Administrator said part of the dynamics of the feasibility report being done on Muhlenhardt Road is that a public hearing is held and then the people would be made aware of what is planned. Leroux/Vierling moved to approve the preliminary plat for Horizon Heights 4th addition subject to the conditions listed in the Planning Commission' s minutes for June 4, 1987, with one exception on condition No. 1 be amended to be a maximum of 6 1/28 grade, if necessary. Discussion ensued on whether or not there is a hardship shown for the grades and without a topography from the developer it may not be feasible for the City to grant this. Leroux/Wampach moved to table this item until Monday, June 22, 1987, at which time the developer will have submitted a grading topography with cut and fill shown where necessary. Motion carried unanimously. Discussion ensued on Heritage Place Preliminary plat. The developer will provide on-site drainage system. Leroux/Vierling moved to approve the preliminary plat for Heritage Place subject to the conditions listed in the planning Commission minutes for June 4, 1987. Motion carried unanimously. Dennis Kraft, Community Development Director, said that the Planning Commission passed by unanimous vote a request that the City Council authorize the hiring of a consultant to conduct a study on the proposed impact of the Starwood Music Center upon the future industrial growth of the City and impose a moratorium. He said he has a concern on the legal implications of doing this study because there have been recent studies done in the area. City Council June 16, 1987 Page -6- Leroux/Vierling moved to inform the Planning Commission that a moratorium and study of the impact of the Starwood Music Center on the future industrial development of the City will not be initiated at this time. Motion carried unanimously. Jack Boarman, from Boarman and Associates reviewed the proposed City Hall plans. He said the gross square feet on the main floor will be 17,220, and the council chambers will hold up to 150 people. He reviewed the final cost projection stating that the site purchase is $350,000 and adding other costs in such as building construction, building equipment, contingency, consultant fee and Bond and Legal costs the total cost is estimated at $2,036,000.00. A question was raised as to where the new City Hall will be built. Mr. Boarman reviewed the schedule of events that will take place. He said there will be two public hearings set for September and October. Discussion ensued as to the impact of the taxes on the City. Cncl. Leroux said he thinks there is some 600,000 or 700,000 dollars additional funds that could be applied towards this, so there could be a reduction from 1.5 million to 800,000 or 900,000 dollars. Leroux/Wampach moved to approve the design and concept for a new City Hall and authorize Jack Boarman, City Staff and any volunteers from the Citizens Advisory Committee to proceed ahead on the steps on the organization and time elements Motion carried unanimously. Leroux/Vierling offered Resolution No. 2741, a Resolution calling for a Public Hearing Under Paragraph H of Shakopee Ordinance 290 and Paragraph H of Ordinance 300, and moved its adoption. Motion carried unanimously. Jim Streefland of Jaspers Streefland & Co. , reviewed the 1986 Annual Financial Report. Leroux/wampach moved to accept the 1986 Annual Financial Report. Motion carried unanimously. Leroux/Vierling moved to instruct the staff and the Downtown Committee to hold a meeting with the businesses located in close proximity to the Second Avenue parking lot and determine if changes need to be made in the parking regulations. (Approved under consent business) . Lebens/Vierling moved to table the 1987-2 Downtown Streetscape Project, Resolution 2739 , Approving Plans and Specs and Ad for Bids, to Monday, June 22, 1987, at 7:00 p.m. Motion carried unanimously. g/ City Council June 16, 1987 Page -7- Leroux/Vierling moved to authorize the transfer of contingency funds in the amount of 811,773 to the Code Enforcement activity 319 for the city clean-up program. (Approved under consent business) . Leroux/Vierling moved to continue to employ a clerical person hired through an employment agency on a part-time basis using the balance of previously approved funding not to exceed $4,380. (Police Department) (Approved under consent business) . Leroux/Vierling moved to appoint Gregory Tucci to the position of probationary police officer at a starting salary of $23,687 . , effective July 1, 1987. (Approved under consent business) . Leroux/Vierling moved to reconsider the motion of May 19, 1987 authorizing proper city officials to amend the contract for architectural services with Boarman Architect increasing the total contract amount by $1,997.50 for additional illustrations showing the structure on each of the two proposed sites. (Approved under consent business) . Leroux/Vierling moved to authorize proper city officials to amend the construct for architectural services with Boarman Architect increasing the total contract amount by $1,997.50 for preparing a plan illustrating the potential of the existing City Hall to accommodate the program requirements. (Approved under consent business) . Leroux/Vierling moved to approve the applications and grant On Sale, Sunday, and Off Sale liquor licenses to Pullman Club Inc. , 124 W. 1st Ave. Motion carried unanimously. Vierling/Lebens moved to approve the applications and grant On Sale, Sunday, and Off Sale liquor licenses to XX Corp. & Wittles Inc. , 1561 E. 1st Ave. Motion carried unanimously. Lebens/Leroux moved to approve the applications and grant Sunday, Or, Sale and Off Sale liquor licenses to Clair' s Bar Inc. , 124 So. Holmes. Motion carried unanimously. Wampach/Clay moved to approve the applications and grant for On Sale and Sunday liquor licenses to C.R.E. Restaurant Co. , 1583 E. 1st Ave. Motion carried unanimously. Leroux/Vierling moved to table the applications of R. Hanover, Inc. , 911 E. 1st Ave. for On Sale and Sunday liquor licenses. Motion carried unanimously. Vierling/Leroux moved to approve the applications and grant On Sale, Sunday, and Off Sale liquor licenses to Friendly Folks 1 City Council June 16, 1987 Page -8- Club, Inc. , 122 E. 1st Ave. Motion carried unanimously. Wampach/Lebens moved to approve the applications and grant on Sale and Sunday liquor licenses to Scottland Hotels Inc. , 1244 Canterbury Rd. Motion carried unanimously. Leroux/Vierling moved to approve the application and grant On Sale, Sunday and Off Sale liquor licenses to Minnesota Concessions, Inc. , 1100 Canterbury Rd. Motion carried unanimously. 11 Vierling/Lebens moved to approve the applications and grant an Off Sale liquor license to Family Dining, 6268 Hwy. 101. Motion carried unanimously. Wampach/Vierling moved to approve the application and grant an Off Sale liquor license to Riverside Liquors Inc. , 507 E. 1st Ave. Motion carried unanimously. Leroux/Vierling moved to approve the application and grant for an Off Sale liquor license to Valley Liquors, Inc. , 1104 Minn. Valley Mall. Motion carried unanimously. Vierling/Leroux moved to approve the application and grant an Off Sale Liquor license to Spirits of Shakopee, Inc. , 471 Marschall Road. Motion carried unanimously. Wampach/Clay moved to approve the applications and grant Sunday and Club liquor licenses to American Legion Post No. 2, 1266 E. 1st Ave. Motion carried unanimously. Wampach/Clay moved to approve the applications and grant On Sale Club and Sunday liquor licenses to Veterans of Foreign Wars Post No. 4046, 132 E. 1st Ave. Motion carried unanimously. Clay/Lebens moved to approve the application and grant On Sale Club liquor license to Shakopee Council 1685 Home Assn. , Inc. , 1760 E. 4th Ave. Motion carried unanimously. - Vierling /Leroux moved to table the 1987 On Sale Wine Licenses. Motion carried unanimously. _ Vierling/Clay moved to table the 1987 3 .2 beer licenses. Motion carried unanimously. Wampach/Vierling moved to table the 1987 Set-up Licenses. Motion carried unanimously. Vierling/Leroux moved to approve the bills in the amount of 5302,342. 97. City Council June 16, 1987 Page -9- Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to approve the 1986 Annual Reports from department heads. (Approved under consent business) . Leroux/Vierling moved to authorize the Community Recreation - Director, upon proper reservation of the swimming pool under the Community Recreation Group Rental Policy to include free use of the pool, water slide and picnic shelter for the 1987 Boards and Commissions Picnic and for the 1987 Annual Employee Picnic. (Approved under consent business) . Leroux/Clay moved to authorize City staff to order the list of affected property owners from an abstract company and advertise the hearing on the Bluff Street rezoning. Roll Call: Ayes: Unanimous Noes: None Motion carried. lebens/Vierling moved to adjourn to Monday, June 22, 1987 at 7: 00 P.M. Motion carried unanimously.. Meeting adjourned at 12:35 P.M. Judith S. Cox City Clerk Carol Schultz Recording Secretary !�� mmopoumn 6� t ` (0AfTE 11TRROL f3rC�8V£ commLion JUN 2 21981 June 19, 1987 CITY OF : i'AKOPEE The Honorable Eldon Reinke Mayor - City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mayor Reinke: Annually at this time of the year, the Metropolitan Waste Control Commission (MWCC) holds a series of meetings in the communities it serves to share with them the proposed MWCC budget for the coming year. This year a "Dutch treat" breakfast will be held: Date: July 9, 1987 Time: 7: 30 a.m. Place: Lafayette Club 2800 Northview Road Minnetonka Beach, MN I'd like to discuss our proposed budget (and other appetizing subjects) at this meeting, which is planned for city officials representing communities served by the MWCC in the Carver, Scott, western Hennepin and western Dakota Counties. Please invite your councilmembers to attend. If time allows , I'd also like to bring you up-to-date on some very important MWCC projects . We hope you plan to join us. We need your input! Please call Pauline Langsdorf at 222-8923 to confirm your attendance. I look forward to seeing you on July 9 . Sincerely, Peter E. Meintsma Chairman PEM/LS ER6 .20 350 Metro Square Building, Saint Paul, Minnesota 55101 612-222-8A2? .... � < . �. /• o lC a � . - o J •€F tk _ - „?� _ __- L }391 ii � - J 'gig b b CANT BURYINN The Hotel of Canterbury Park June 2, 1987 Darlene Schesso CHAMBER OF COMMERCE 129 1st Avenue East Shakopee, MN 55379 Dear Darlene: This letter is a request for the City Council to consider granting approval of a provision that will allow Sunday liquor licenses holders to serve liquor starting at 10:00 am Sundays. Presently we are not permitted to serve liquor on Sundays until 12 Noon. The reason for the request stems from customer demand. We receive numerous request from groups (corporate and association) for Sunday morning champagne brunches. The inability to fulfill the customers request has prompted some of them to go to other hotels, where this is available. This is a concern 12 months of the year. Our inability to offer this service could affect our room occupancy as well; due to a convention or meeting booking into another hotel. Lost room revenue means lost room tax, which means less money for the area to market itself. We also have many of our present Sunday brunch customers ask for champagne, bloody marys or mimosas with their brunch. These request are due to our competition being able to offer this service. I am sure that the average individual customer probably does not want a drink before noon; however when that service is available in one area and not another, it can affect one's decision where to dine. Respectfully, _ an ckwig GENERAL MANAGER `r RECEI EL SO/bk JUN 1 51987 CFKY OF SHAKOPEE 1244 Canterbury Road Shakopee, Minnesota 55379 612-445-3644 Discussion continued in regards to setbacks and the Planning Commission`s interpretations. The issue of the covenents for this particular piece of property was discussed as to whether or not it allows for a 3rd garage to be built`.-.somewhere else on the property. Vierling/Leroux moved to reconsider the original motion for the variance request of 12 feet. Motion carried unanimously. - 1 Vierling/Lebens moved to table this variance request and have staff 1 research the covenents as recorded and bring to our attention at ! the next meeting on September- 9, 1986 at 8:00 P.M. Motion carried unanimously. b Leroux/Wampach moved to open the public hearing on whether or not - � to permit sales of intoxicating liquor for consumption on premises !1r. between 10:00 a.m_ and- 12:00 midnight on Sundays. Motion carried unanimously. ii F r 1 Discussion ensued on the actual benefit of allowing liquor to be sold at 10:.00 a.m. on Sundays. Mr. Stan Ockwig, Canterbury Inn, stated that he was unaware that the hours could be extended to 10:00 a.m. Council received a letter from Anthony Strupeck, Shakopee House, stating that it would be helpful if the ordinance was changed to allow for the sale of liquor beginning at 10:00 a.m. on Sundays. He stated also that he looks upon it as a service to his customers. It was the consensus of the Council that the need . is not demonstrated in the City of Shakopee at this time. Vierling/Wampach moved to close the public hearing. . Motion carried unanimously. Wampach/Lebens moved not to permit sales of intoxicating liquor on Sundays between hours of 10:00 a.m. and 12:00 Noon in the City of Shakopee. Motion carried unanimously. Leroux/Vierling moved to open the public hearing on the General Revenue Sharing Budget and 1987 Budget. Motion carried unanimously. The City Administrator reviewed the Budget Hearing on General Revenue Sharing. Mayor Reinke asked if there was anyone from the audience who wished to address this issue. There is no response. Leroux/Wampach moved to closePublicHearing. Motion carried un- animously. Vierling/Leroux offered Resolution No. 2608, A Resolution Adopting the Racetrack District Land Use Study as prepared by Hoisington Group Inc. and moved for its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried United States Department of the Interior: _ FISH AND WILDLIFE SERVICE m aver sans xo: Minnesota Valley National Wildlife Refuge 4101 East 80th Street Bloomington,Minnesota 55420 June 29, 1987 RECEIVED Ms. Judith S. Cox JUL 1 W City Clerk City of Shakopee CITY OF SHAKOP_:t: 129 East Avenue Shakopee, Minnesota 55379-1376 Dear Ms. Cox: After reviewing your interpretation (your letter of 5/22/87) of Section 10.20 of the Shakopee City Code; we agree that hunting deer using how and arrows is not legal within the Wilkie Unit of the Minnesota Valley National Wildlife Refuge. Therefore, we are requesting that the City Council amend the City Code to provide for hunting programs on U. S. Fish and Wildlife Service (Service)-managed lands within the city limits of Shakopee. We also need to provide for the trapping of fur bearing animals. The Service does not require a formal agreement similar to the one between the Minnesota Department of Natural Resources and the City so it _ appears that an amendment of the code would suit our needs. In 1987 and in future years our plans are to allow, by permit, bow and arrow hunting of deer during the established State season on the Service-managed land between Highway 18/25 on the east, Highway 101 on the south, Valley Fair on the west, and the Minnesota River on the north. (See enclosed map). Sometime in future years, shotgun slug hunting for deer in the same area will be required in order to control the expanding deer population so we request that the City Code be amended to provide for that type of Department of Natural Resources and Service-managed, controlled, limited-permit deer hunt. In 1987 we also plan to post Service-managed lands between Highway 18/25 and Rice Lake as open to waterfowl hunting. Rice Lake, itself, has been open to public waterfowl hunting without permit for years and we believe that the lake's shorelande should also be open as it is unreasonable to expect hunters to stay in the water to be legal. This area would be open to hunting waterfowl without permit as is the lake. As for the trapping of fur bearing animals, we plan to allow trapping by permit west of Highway 18/25 and trapping without permit east of Highway 18/25. Please advise us as to how we need to proceed to provide for these hunting and trapping provisions. Sincerely yours, R � G� �CJ?6 Edward S. Crozier Refuge Manager Enclosure NOTE: This issue came up a few years ago and the Chief of Police recalls that Peavey had an objection (plus Valleyfair camp grounds are a considera- tion also) ; therefore, it makes sense tc hold another hearing and invite the Fish & Wildlife Service. Recommendation: Direct staff to set a hearing date to consider the request of Fish and Wildlife Service to allow bow and arrow hunting of deer (and sometfahe in the future shotgun slug hunting for deer) North of Hwy 101 and South of the river on U.S. Fish and Wildlife Service managed lands within the city limits of Shakopee. Baer v.e„ e a�9e'o q, w Toaa 9"s r�e,o coio�y Bme Fisher. Blue rr�m,em L Minnesota 1 � s � t SIuk � 4 b � Y w4f'e. .lr4X + _ t + MIT ® A \raa do be Qosred a� op MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE U.5. FISH AND WILDLIFE SERVICE DEPARTMENT OF THE INTERIOR ` cy �n lGfilci�ncl �u'ktuw� �P,s�ns �y �a�.�r,M � t- caV�d �ssib(y' S�atguut C-114 V 0pe L �m P r + to ea Wa owl UAf". 3 om y w� S a7c�u,� ll/, lIq e S�ioY SCALE MFl.E Net Wildlife Be Bloomington East n M street BloomingtOn.MN 554 y 'u� 6d MOUNT OLIVE LUTHERAN CHURCH . 911 Shakopee Avenue East Shakopee, MN 55379 Honorable Mayor July 2, 1987 & Members of the Shakopee City Council 129 East. Ist Avenue Shakopee, MN 55379 445-3650 RE: MOUNT OLIVE EVANGELICAL LUTHERAN CHURCH & EAGLE CREEK JUNCTION SECOND ADDITION REPLAT Mr. Mayor and Council Members: This letter is a formal request to be placed on the agenda for the July 7th City Council Meeting. The topic for discussion is the replat of Eagle Creek Junction Second Addition as applied for by Mr. Gary Laurent General Partner of Inca Development. We requested Mr..Laurent to make our site buildable in March 1987. He then submitted a simple lot split request on April 1, 1987. Denial of this request was not issued until June 11, 1987. At that time a replat was submitted on June 17, 1987. This replat is being considered at the July 9th Planning Commission meeting, we have a conditional use request for our church project at that time. At this time we are asking for the property to be considered buildable upon approval of the planning board and prior to the final filing of the "hard shell" with the county. This also requires issuing a building permit for our church project prior to final recording with the county. As it is, we have sold our present church and need to be out by Septem- ber 1, 1987. We would like approval on July 7, 1987 contingent upon approval from the planning commission. Or, if that is impossible, for sure on the July 14, 1987 council meeting. Thank you for your consideration of this request. MOUNT OLIVE EVANGELICAL LUTHERAN CHURCH BUILDING COMMITTEE Thomas G. Edman Dale F. Dahlke cc 79-/ MEMO TO: John K. Anderson, City Administrator�� FROM: Ken Ashfeld, City Engineer�q.- SUBJECT: Market Street Public Hearinn`rg,,,, DATE: June 30, 1987 INTRODUCTION: A public hearing was held to consider proposed street improvements to Market Street from 2nd Avenue to 4th Avenue. The public hearing was continued until July 7, 1987 in order for additional information to be obtained . The additional information desired consisted of; 1 . Cost of applying calcium chloride. 2. Reducing the scope of the project. 3. The possibility of creating cul-de-sacs. 4. Appraised value of the benefit. BACKGROUND: 1 . The estimated cost of applying calcium chloride was obtained and it was the consensus of the neighbors to proceed with the application. The estimated cost was $504.00. The first application cost $280.00. Usually, the second application (August) can be a little lighter. 2. The scope of the project can be reduced by eliminating sidewalks and consequently the concrete driveway approaches between the curb and the sidewalk. The estimated savings in cost is $7 ,600 .00. If the cost of the local street share is 100% assessed, this would reduce the estimated per lot assessment to $6 ,800.00. 3. I have not been successful in designing cul-de-sacs that are cost effective or serviceable. Engineering anticipates completing a study this summer which will consider all possible streets with potential for vacation. Without knowing if any will be found, it seems like a worthy endeavor since it costs approximately $30,000.00 per block to rebuild a street. 4 . Council directed staff to obtain several market analysis of the value of the benefit of the proposed improvements . Three analysis was completed as per the attached correspondences, and the results summarized in the attached table . In summary, the three reports indicate a value of benefit ranging from $2 ,000 .00 to over $4 , 000 .00 . In my opinion, it is not proper to assess properties at varying 10-- Market aMarket Street June 30, 198T Page 2 rates based upon market value of the property. The law states that the assessment cannot exceed the increase in market value. Therefore, properties of similar assessable footage should be assessed the same amount irrespective of the value of structures on the property. Alternatives: 1 . Discontinue consideration of improvem is to Market Street from 2nd Avenue to 4th Avenue. 2. Order bids on the project and ado p resulting assessments (100% of local share) 30 days prior to awarding a contract. If assessments are appealed , th n reject all bids and discontinue consider tion of impro ements. 3. Order the project and dopt the esulting assessments ( 100% of local share ) . P oceed w th the project and if assessments are appealed, let t courts determine outcome. 4 . Determine an equitable a se sment amount based upon the aforestated benefit analysi nd adopt assessments of this amount a minimum of 30 days prior to awarding a contract. If assessments are not appe d, proceed with the project. This would require theCit participate in the project cost. If the assessmen s a e appealed , discontinue consideration on this prof t. RECOMMENDATION : If Council determines that t e improveme to this street is an overall benefit to the City, recommend Al ernative No. 4. This action would be contrary to the City' s nor 1 assessment policy for new facilities but it an be argued th t there is little difference between some of our bituminous at ets scheduled for rehabilitation (assessed a 25% of project cost and this street. I further contend that a essments for a partic lar project are proper if; 1 . The assessmen s are equitable among all properties assessed, 2. The assessment method is applied consistently over all the properties assessed, 3 . The assessment amount does not exceed the increased value of the property assessed. In summary, I am stating that assessment policies are necessary and should be followed at all times practical. There are times though when variations to the policy must be considered if a Market Street June 30 , 1987 Page 2 rates based upon market value of the property. The law states that the assessment cannot exceed the increase in market value. Therefore, properties of similar assessable footage should be assessed the same amount irrespective of the value of structures on the property. Alternatives: 1 . Discontinue consideration of improvements to Market Street from 2nd Avenue to 4th Avenue. 2. Order bids on the project and adopt resulting assessments (100% of local share) 30 days prior to awarding a contract. If assessments are appealed , then reject all bids and discontinue consideration of improvements. 3. Order the project and adopt the resulting assessments ( 100% of local share ) . Proceed with the project and if assessments are appealed, let the courts determine outcome. 4 . Determine an equitable assessment amount based upon the aforestated benefit analysis and adopt assessments of this amount a minimum of 30 days prior to awarding a contract. If assessments are not appealed, proceed with the project. This would require the City to participate in the project cost . If the assessments are appealed , discontinue consideration on this project. RECOMMENDATION: If Council determines that the improvement to this street is an overall benefit to the City, I recommend Alternative No. 4. This action would be contrary to the City ' s normal assessment policy for new facilities but it can be argued that there is little difference between some of our bituminous streets scheduled for rehabilitation (assessed at 25% of project cost) and this street. I further contend that assessments for a particular project are proper if; 1 . The assessments are equitable among all properties assessed, 2. The assessment method is applied consistently over all the properties assessed, 3. The assessment amount does not exceed the increased value of the property assessed. In summary, I am stating that assessment policies are necessary and should be followed at all times practical. There are times though when variations to the policy must be considered if a � a, Market Street June 30, 1987 Page 3 project is to be successful . At those times, we must follow the stated conditions. I recommend the following: 1 . Council reopen the public hearing and receive public testimony. 2. Council consider sidewalk as a needed design element of this project since Market Street is identified in the Comprehensive Plan as a collector street. 3 . Determine an assessment amount of $3 , 000 .00 per benefitted lot. 4. Schedule an assessment hearing for Spring of 1988 and award contracts for construction in early Summer, 1988 if assessments are not appealed. There is an interest on behalf of property owners along Market Street between 4th Avenue and 7th Avenue to redevelop that area. A larger project may result from that interest. REQUESTED ACTION: Move to direct staff to prepare a resolution ordering plans and specifications for Market Street between 2nd Avenue and 4th Avenue. KA/pmp MARKET Edina Realty Eden Prairie Office a � 7900 Eden Road, Eden Prairie, MN 55344 • (612) 944-7107 ,( SUN � t„ 198 ,K Jame 3, 1987 Mr. Ken Ashfeld City Engineer City of Shakopee 129 E. 1st Avenue Shakopee, MN 555379 Dear Ken: Pursuant to our con rsation reg the proposed improvements to the properties abutting ket Stree between 2nd and 4th Avenues in Shakopee, it is my professional o 'on t the dollar benefit to the abutting prop- erties would be approxima y ,000.00 - $2,500.00. I feel the benefit would be same whether the lot faced solely on Market street or had multiple £ron ge. If I can be of any further help, pl a feel free to call me. Thank you. / Sincerely, �' I Jane C. DuBois cc/td / EREALTORS L4. MLS Edina Recfl�y Eden Prairie Office a 7900 Eden Road. Eden Prairie, MN 55344 • (612) 944-7107 9 ✓ON �i'EL �� �9 June 3, 1987 Mr. Ken Ashfeld City Engineer City of Shakopee 129 E. 1st Avenue Shakopee, MN 555379 Dear Ken: Pursuant to our conversation regarding the proposed improvements to the properties abutting Market Street between 2nd and 4th Avenues in Shakopee, it is my professional opinion that the dollar benefit to the abutting prop- erties would be approximately $2,000.00 - $2,500.00. I feel the benefit would be the same whether the lot faced solely on Market street or had multiple frontage. If I can be of any further help, please feel free to call me. Thank you. Sincerely, �/ ane C. DuBois cc/td `c'°o aen -cisa MLS OL� LAURENT REAL ESTATE In a 1 June 1, 1987 e PECLLVED a Mr. Ken Ashfield, City Engineer JUN _2 1987_ City of Shakopee Z ENGrrya^shV 4J`� 8 129 East First Avenue Shakopee, Minnesota 55379 i Re: Market Street Improvement Benefit Analysis Dear Ken: In response to your letter of May 29, 1987, regarding benefit to the properties abutting Market Street between 2nd and 4th Avenues by a street improvement program consisting of curb, gutter and bituminous, I have put together the following summary and conclusion. I do not believe we can put an exact dollar amount on an entire property , but would have to break out the buildings from the land. Then if we were using a comparison approach of actual sales, the land value is determined by allocating from the total sale price that portion reasonably attributable to building; remainder assumed to be land value. Estimating the dollar value of the improvement cannot be an absolute due to the disparity on lot value because of location, zoning, etc . , and the fact that this is an older established neighborhood. Therefore, a percentage figure would be more realistic. 41 In analyzing current lot and land sales , and based upon my inspec- tion of the properties, it is my opinion that 30% to 32% could be added to the site value for the improvement . An example would be a lot with an estimated market value of $12, 000. 00, and using the 30% after improvement, would bring it to $15, 600.00.. If you feel further clarification is needed, please feel free to contact me. Regards, ' a L 8 Marj ria R . Henderson REALT R LAURENT BUILDING - 118 S. FULLER ST. - SHAKOPEE, NIN 55379 - 612-445-8151 Q 9*0 Gene Brown Agency, Inc. 119 SOUTH LEWIS STREET SHAKOPEE,MINNESOTA 55379 TELEPHO P'Zoi i �D EUGENE A.BROWN R ,J.BROW\ ,1 4EC May 28, 1907 M Y2 gI 98= a 2 cnr Ery6:ry4y5ry'�KOP� 9 Mr. Ken Ashfield, Engineer .city of Shakopee 129 E. 1st Ave. Shakopee, Minn. 55379 Market Street from 2nd Avenue to lith Avenue Dear Ken, I did an on fight apprais 1 of the above property on May loth, 1987. A this is older residential area in Shakopee, my opinion 's that he property vrould not increase more than :31,000.00 pe 71 f et of the improvements. 7t is difficult "or to believe that it would cost :28,000.00 for each block curbing and blacktop. Also, it is my opinion that sid al in the area would be ridiculous. This is a D ject hat I am going to watch closely. He ectfully submitted, 0 EuSen A. OWn GAD/kv FMCS Gene Brown Agency, Inc. 119 SOUTH LEWIS STREET SHAKOPEE.MINNESOTA 55379 TELEPHO '_ln YmiGrni EUGENE A.BROWN R 1J.BROWN I-ray 25, 1967 Mgy2g Z GY I9�D � EN4f th 87 N2lknr'yE� / 9 Mr. Ken Ashfield, Engineer City of Shakopee ` 129 - 1st Ave. Shakopee, Minn. 55379 RE: Market Street from 2nd Avenue to 4th Avenue Dear hen, T did an on sight appraisal of the above property on May 20th, 1967. As this is an older residential area in Shakopee, my opinion is that the property would not increase more than $1,000.00 per 71 feet of the improvements. it is difficult for me to believe that it would cost . 128,000.00 for each block for curbing and blacktop. Also, it is my opinion that sidewalk in the area would be ridiculous . This is a project that 1 am going to watch closely. 3esnectfully submitted, e A. Brown >B'/kV 7 0' LOT PRESENT EDINA REALTY LAURENT REALTY BROWN REALTY NUMBER EVALUATION APPRAISASL APPRAISAL APPRAISAL BLOCK 2 $12,650.00 $2,250.00 $3,922.00 $2,000.00 LOT 6 (SEE NOTE) BLOCK 3 LOT 5 $12,700.00 $2,250.00 $3,937.00 $2,000.00 LOT 6 $11 ,700.00 $2,250.00 $3,627.00 $2,000.00 BLOCK 4 LOT 5 $12,700.00 $2,250.00 $3,937.00 $2,000.00 LOT 6 $12,700.00 $2,250.00 $3,937.00 $2,000.00 BLOCK 5 LOT 1 $12,700.00 $2,250.00 $3,937.00 $2,000.00 LOT 2 $14,000.00 $2,250.00 $4,340.00 $2,000.00 LOT 3 $11,700.00 $2,250.00 $3,627.00 $2,000.00 LOT 4 & 5 $14,000.00 $2,250.00 $4,340.00 $2,000.00 BLOCK 6 LOT 1 & $46,100.00 $2,250.00 $14,291.00 $2,000.00 PART OF 2 LOT 10 $12,700.00 $2,250.00 $3,937.00 $2,000.00 BLOCK 7 LOT 1 $12,700.00 $2,250.00 $3,937.00 $2,000.00 LOT 10 $12,700.00 $2,250.00 $3,937.00 $2,000.00 APPRAISAL RANGE APPRAISAL RANGE APPRAISAL IS $2,000 TO $2,5bO 30% TO 32% BASED ON $1,000 USE $2.250 USE 31% IMPROVEMENT FOR 71 ' FRONTAGE LOT SIZE IS 142' NOTE: BLOCK 2, LOT 6 EVALUATION WAS $25,300 FOR 120' OF FRONTAGE USE $2000 FOR STUDY AVENUE, TO DETERMINE THE VALUATION OF A 60' LOT THE $25,300 WAS DIVIDED BY 2 FOR A VALUATION OF $12,650 FOR LOT 6 ONLY. 11■ 1 6� 1 CP .o n o ` OOOQLLL 146 '. n - E G ` bo U o � o }a Ez / 1z a sz3a��rA 3s c� MEMO TO: John K. Anderson; City Administrator FROM: Douglas K. Wise, City Planner RE: PACE Development Company Appeal DATE: July 1, 1987 Introduction• At their meeting on June 4, 1987 the City Board of Adjustment and Appeals affirmed the City's staff decision that temporary construction buildings do not include living quarters. PACE Development Company which is constructing the Goodyear Service Center on Marschall Road has a trailer which is being used as living quarters on the construction site. They have appealed the staff decision and now the Board of Adjustment and Appeals decision to the City Council. Background: The attached information provides a background for the appeal, included are: 1) staff report to the Board of Adjustment and Appeals, 2) letter of appeal and 3) minutes of the .June 4, 1987 meeting. Action Requested: Offer Appeal Resolution of the City Council #CC-495 and move to either affirm or reverse the decision of the Board of Adjustment and Appeals. r 1 1� MEMO TO: Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: PACE Development Co. Appeal DATE: May 27, 1987 Introduction• PACE Development Co. which is c structing the Goodyear Service Center on Marschall Road has a pealed the staff ruling that temporary construction buildings a owed as an accessory use in the B-1 zone do not include tempora living quarters. Background- PACE Development C moved a travel trailer onto the Goodyear Service Center nstr tion site and began using the structure as living quarters d n office for employees. On May r 15, 1987 PACE Development was i ed a warning by the City' s Code Enforcement Officer for an ille ly parking and occupied travel trailer. Mr. Burdette Smythe o PACE Development met with City staff and indicated that t e t ailer is necessary for the construction of the buildi S ff in the meeting indicated that temporary construction b ildings re allowed as an accessory use in the B-1 zone. Howeve , these to orary buildings can only be used for office and stor a space not s living quarters. Mr. Smythe indicated that li ing quarters are necessary on the construction site to insur security of the ite. Action Requested: Offer Resolution 495 either sustaining or overriding staff's administrativ ruling that "tempora construction buildings" does not inc ude living quarters. +i -f MEMO TO: Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: PACE Development Co. Appeal DATE: May 27 , 1987 Introduction• PACE Development Co. which is constructing the Goodyear Service Center on Marschall Road has appealed the staff ruling that temporary construction buildings allowed as an accessory use in the B-1 zone do not include temporary living quarters. Backaround: PACE Development Co. moved a travel trailer onto the Goodyear Service Center construction site and began using the structure as living quarters and an office for employees. On May 15, 1987 PACE Development was issued a warning by the City' s Code Enforcement Officer for an illegally parking and occupied travel trailer. Mr. Burdette Smythe of PACE Development met with City staff and indicated that the trailer is necessary for the construction of the building. Staff in the meeting indicated that temporary construction buildings are allowed as an accessory use in the B-1 zone. However, these temporary buildings can only be used for office and storage space not as living quarters. Mr. Smythe indicated that living quarters are necessary on the construction site to insure security of the site. Action Requested: Offer Resolution #495 either sustaining or overriding staff' s administrative ruling that "temporary construction buildings" does not include living quarters. DEYFLOPM11ENi CPNPANY 7 -6 /Jr�n Qw� JUN 111961 Gky OF SHAKOFEE 5145 N.W. BEAVER DR., P.O. BOX 376 -JOHNSTON, IOWA 50131 - 515270-6585 7-b Schmitt/Foudray moved that based on recommendation of legal council that the construction of a large boat in the rear yard 1199 Quincy Street be permitted based on the conditions present in this particular case and as indicated by testimony. Motion carried unanimously. Schmitt/Czaja moved to find that the structure at 1199 Quincy Street be found in accordance with staff to a an accessory building and requiring a building permit and/ r a variance in accordance with city code requiremen/.m. tIined. Motion carried unanimously. Schmitt/Czaja moved,�for a 5 minute Motion carried unanimously. Meeting was called ack to order at 8 :3IC A f St uo regarding o v \construrtinn hUitdingz Burdette JW S v C , Schmitt/Czaja moved to o en the pu lie hearing on an appeal of the interpretation of the zoning rdinance regarding the use of temporary construction bui ding as living quarters upon the property located at 232 ar chall Road . Motion carried unanimously. The city Planner said that B tte W. Smythe, PACE Development Co. , has appealed saying th t is living on the premises is necessary for security rea ons. The Asst. City Attorney said that no such use exists in B-1 zo a and there appears to be no authority to allow anyone siding i a B-1 zone. The applicant said that the trailer is u ed as his o fice and sleeping area in the back and he feels It ' ssssss necessary fo security reasons around a construction site. Chrwomen VanMalde em asked if there was anyone present who wish d to address this ' ssue. There was no response. Czaja/Schmitt moved to close the public hearin Motion carried unanimously. Czaja/Schmitt offered Resolution No. 495 so taining staff - administrative ruling that temporary construction building does not include living tluarters. Motion carried unanimously. PUBLIC G : Variance reouest to reduce reouir d parking stall reou ' remen s from 40 to 74 Breckenridge Development Corporation.. Czaja/Schmitt moved to open the public hearing to consider a - request for a variance to reduce the required parking_ztall requirements from 40 to 34 for the proposed addition to the Aamco Transmission Shop on Highway 101 . There are currently 24 parking spots on the lot. Jim Bartlett, applicant,. . said _it_.has- .been. .. 7_h Schmitt/Foudray moved that based on recommendation of legal council that the construction of a large boat in the rear yard 1199 Quincy Street be permitted based on the conditions present in this particular case and as indicated by testimony. Motion carried unanimously. Schmitt/Czaja moved to find that the structure at 1199 Quincy Street be found in accordance with staff to be an accessory building and requiring a building permit and/or a variance in accordance with city code requirements as outlined. Motion carried unanimously. Schmitt/Czaja moved for a 5 minute recess . Motion carried unanimously. Meeting was called back to order at 8:35 p.m. PUBLIC HEARING • Appeal of Staff Rutin¢ on zonina ordinance reyarding temporary construction buildinas as living artery Burdette JW. Smvthe , PACE Development Co. Schmitt/Czaja moved to open the public hearing on an appeal of the interpretation of the zoning ordinance regarding the use of temporary construction buildings as living quarters upon the property located at 232 Marschall Road . Motion carried unanimously. The city Planner said that Burdette W. Smythe, PACE Development Co. , has appealed saying that his living on the premises is necessary for security reasons. The Asst. City Attorney said that no such use exists in a B-1 zone and there appears to be no authority to allow anyone residing in a B-1 zone. The applicant said that the trailer is used as his office and sleeping area in the back and he feels it is necessary for security reasons around a construction site. Chairwomen VanMaldeghem asked if there was anyone present who wished to address this issue . There was no response. Czaja/Schmitt moved to close the public hearing. Motion carried unanimously. Czaja/Schmitt offered Resolution No. 495 sustaining staff administrative ruling that temporary construction building does not incluae living quarters. Motion carried unanimously. PUBLIC H_AR_TNG : Variance recuest to reduce reocired parking s all rg ' r m n from 40 to ¢c , Br ck-nli dge Development Corppratigr. Czaja/Schmitt moved to open the public hearing to consider a request for a variance to reduce the required parkingstall requirements from 40 to 34 for the proposed addition to the Aamco Transmission Shop on Highway 101 . There are currently 24 parking spots on the lot . Jim Bartlett, applicant,_ said -it. has been C-v Or SPAVOP77 7Z p one tl PrSOLL"'ION Or TEF CTTY CONNCTT NO. 495 WHEREAS, Burdette Smythe, PACE DevelopmenKaving first filed an appeal to the board of Adjustment and Appeals dated for an appeal from the strict application of the provisions , of the Shakopee Zoning Ordinance, Section to wit: Use of temporary construction buiidinas as living quarters. WHEREAS , the property upon which the appeal is being made is described as: 232 Marschall Road : and WHEREAS, said appeal is for property presently zoned as: B-1 WHEREAS, said appeal was denied by the Board of Adjustment and Appeals at their meeting of June 4 , 1987 and this decision has been appealed to the City Council ; and WHEREAS , the Shakopee City Council on Julv7 1987 held a public hearing on the appeal from the decision of the Board of Adjustment and Appeals. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Or- SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations fo the Board of Adjustments and Appeals and the Shakopee City Council that the aforementioned appeal be and hereby: , as follows: BE IT FURTHER RESOLVED , that pursuant to Shakopee City Code 11 . 04 Subd . . 4-r. Alldecisionsof the City Council are final. Adopted in regular session of the Shakopee City Council of the City of Shakopee , Minnesota , held this 7th day of July , 19 87 Mayor City of Shakopee ATTEST: 7C MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Parking Variance Granted to Breckenridge Development for Aamco Transmission Shop and Addition DATE: July 1, 1987 Introduction• At their June 4, 1987 meeting the Board of Adjustment and Appeals granted a variance to Breckenridge Development for the Aamco Transmission Shop Building and proposed addition to allow 34 parking spaces in lieu of the required 40 spaces. The granting of this variance has been appealed by Ms. Beverly Koehnen. Background• The attached information provides the background for the appeal, included are: 1) staff report to the Board of Adjustment and Appeals, 2) site plan for proposed development, 3 ) minutes of the June 4, 1987 meeting, 4) letter of appeal from Beverly Koehnen and 5) memo to Douglas Wise from Beverly Koehnen dated June 26, 1987 . - Staff Comments: The following is a brief comment on the concerns expressed by Ms. Koehnen in her memo dated June 26, 1987 (attached) which were not discussed at the public hearing before the Board of Adjustment and Appeals: 1) Breckenridge Development has been informed that if they wish to construct their addition closer to the rear property line than required by City Code they must come back before the Board of Adjustment and Appeals for another variance. 2) The Planning Commission did very briefly discuss the condition recommended by City staff and came to the conclusion that it was not necessary. 3 ) The property owner is not allowed to occupy required parking spaceswithdumpsters. City Code requires all trash storage which is visible from the street to be screened. The City Code does not require individual dumpsters for each business. 4) The current development does meet the City Code regarding the number of parking spaces required. The attached staff memo is incorrect in stating that the current development does not meet City Code regarding required parking, the staff memo was based on a site plan included in the file showing 19 spaces instead of the required 24. 7 � 5) The purpose of the varia a is to determine whether the parking for the in 'vidual development is adequate. The City does not nee to consider surrounding land uses or zoning in determining ther to grant the variance or not. Action Requested: Offer Variance R olution of the City Council CC-493 and move for approval or d ial. 7 ` 5) The purpose of the variance is to determine whether the parking for the individual development is adequate. The City does not need to consider surrounding land uses or zoning in determining whether to grant the variance or not. Action Reauested: Offer Variance Resolution of the City Council CC-493 and move for approval or denial. CITY OF SHAKOPEE VARIANCE RESOLUTION OF THE CITY COUNCIL NO. CC- 493 WHEREAS , Breckenridge Development Corp. having first filed an application to the Board of Adjustment and Appeals dated for a variance from the strict applA cation o t e provisions o the Shakopee Zoning Ordinance, Section to-wit: A variance to reduce the required parking stallrequirements from 40 to 34 for the proposed addition : and WHEREAS, theproperty upon which the request is being made is described as : 630 First AVe. East and WHEREAS , said proposed variance request wasov d by the Board of Adjustment and Appeals at their meeting 0 June 4 1987 and this decision has been appealed to the City Council ; a—a WHEREAS, the Shakopee City Council on Jul 7 1987 held a public hearing on the appeal from the decision o the Boar of Adjustment and Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommenda- tions of the Board of Adjustment and Appeals and upon considering the suggestions made by the applicant and suggestions and objections raised by the affected property owners , within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Board of Adjustment and Appeals and the Shakopee City Council that the aforementioned variance be and is hereby: as follows : BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code 11. 04, Subd. 5 B-5 , if an approved variance is not utilized within one year from date herein approved or by July 7 . 1988 it shall become null and void. �V 7G MEMO TO: Board of Adjustments and Appeals FROM: Douglas K. Wise, City Planner RE: Breckenridge Development Variace Request DATE: May 28, 1987 Introduction: Breckenridge Development C P. which owns the Aamco Transmission Sh on Highway 1101 is planning to add to the building for ad 'tional auto ser ices. Current parking on the site does not mee City Code r quirements. The addition will enable more .parking to be added, however, parking will still be 6 spaces short of the de requir ent. Considerations: - 1. The developer will be p oviding the maximum number of spaces possible on the site g ven lot and building constraints. 2. The parking provide no on site is a lesser percentage of code requirements an a er the addition. The developer indicates that th present parking lot is rarely filled to capacity. Staff Recommendations- staff recommen s approval o\possiboverflow solution ,#493 subject to the foll ing condition: - i 1. The develope# must obtain or additional parking off s to to accommodatparking. 7G MEMO TO: Board of Adjustments and Appeals FROM: Douglas K. Wise, City Planner RE: Breckenridge Development Variance Request DATE: May 28, 1987 Introduction: Breckenridae Development Corp. which owns the Aamco Transmission Shop on Highway 4101 is planning to add to the building for additional auto services. Current parking on the site does not meet City Code requirements. The addition will enable more .parking to be added, however, parking will still be 6 spaces short of the code requirement. Considerations: 1. The developer will be providing the maximum number of spaces possible on the site given lot and building constraints. 2. The parking provided now on site is a lesser percentage of code recuirements than after the addition. The developer indicates that the present parking lot is rarely filled to capacity. Staff Recommendations: Staff recommends approval of Variance Resolution 9493 subject to the following condition: 1. The developer must -obtain an agreement for additional parking off site to accommodate possible overflow parking. 7G i j i BUILDING SQUARE FOOTAGES: TENANT *1 2.624.&1. SHARED SPACE 58 S . _TOTAL 2880 SS. TENANT.r2. 2580 a1 �S .SHARED SPACE ca d. _.TOTAL'. 2.636 a.L -- u.�. J / =�I _\. ENANT i3' - - 1292 if. j� —�— L ' _SHARED.SPACE 56f �vrTOTAL. 1.348at ' . TENANT—+< I BUILDING TOTkL 6.684 as TOTAL PARKING , 34 cars TERRNT+� i TENANT*2 I,i i SITE PLAN rr , 3iT= PLAN $lav „L. . SV3 j Date: junc 26, 1i'7 US' June 16, 19:,7, after Our .'loo-. '-7 t0 .isclss " ` CoGcei_E =bout the Br';C?cC:`-iC_":e V'.r'_CScCC, - -C: 1, -7 C du:^c 16, 1907, __t^r our . OctJ_r' to . _sdnss -- coccc=E cut .- - _., - -.ve --on ,hc_•_d:.__.ter co 0. t__OEe C:-_1c=:-_F. ",is ,.Ol^Ore_^- iCr "C:: tenco-)}- 0, 8C concert ^, j_ch -ou re^ ed :tee .0 �i OT.:i 4. -lerse :clu6c CO_'.j = e ?]^Chet thlt' :_ooc Oit t0 member_ Of -he Cit;;' COIL^^_Cil be--ore `Llneir -'Cc lnn: T R^VC r3l6oMado CC-,y r __Utcc Of Bl:=ink Cor..-iccior' s October 4, 19C�4`' r•eti- ? Cr--_it Council' s Ncvember o, 1934 need::-. =lease include ._athese in Council' s cL•et_ if you still _rve not been able -o.. find the- at Citi- ll. •c oocr 4, 1934 Plan=i_g. Oo---iscio meeti_l 1) 2, variance as e:r=mei. for setbacks, not 2) Since the �.pliccticn re-resented the building as one rich three stalls, do they have the recuired parking for a six stall building? if not, ;:1hy weren 't they reouired to recuest a narl:inS vc.r_c.ce 3) 7o the p=hiug st-lls aior_ ' the rese ' site meet the landscapii:g nd perking setbacks of the new desi�+z -c-.=dares" , as mentioned in. the minutes by the City Planner? £eovember G, 1934 City Cowes-cit ^_eeti�_-: I ) See =i utes `cr issues that "were left up in the __r. T--- _e lc°C -C_--) C7 _yam _'"- _•n ._ ^- _seed C V�i�:Ce for tie re y=-d If '__ __d `_ _ _. d tion 0 .heJlCJ 5 - hi chi L _.._ be.ck -ic - r? C^-nis=_ior iii. _sot eves_; iiscuss thrr. condition ,bich -he _-r . sco=eO"c-d. .. 3) _ - t1- a du=nster '_s placed in the pert_ng lot. 411 .he,, no ed- - ree a_ - �e -, d here • ill thell be 4) 1--e ^c_. orner of =._..co sr-7s - e-: do 07 ase cll the sp:c '„o-:. - is -nae. beam+e_e 'heir vcl:'-tee of business toes - use - - _. � cs .•* c= - -.,�.ilci^_c --ill -ppE- ::hen - ild-_ - - U= - to its -. -,__w. :h __nee+ten ats . _) _ .^e.: - -rs tl+e _ . discussed. T.or oras >>_ - varic_ecc :;cv1d rve - - =cis = _ooi. C:ith resnec- - donouis „ _ se. iccl: ___a�, Orto - _ - - son_.. :lc - tis. ^l^ove-cro;:d_ �~:hich ;_ airs-a- i_- - __-__zce -at k_-air restrictions on develo-_:mesa of _M..'"n7:nerty? , ^ ''c�'_,: "our_Ci_l to cc^cider this varlrnc ""--h CVe____ __c _.boss._-Od' £ :.CI e 1d___ o. ,',.us.r am,c.. I- '-S evcr onc,nolo; to be - --11 eaaa _, - G) T --o not bcl=eve a�harcchip has beer s o7n—. :.) D••:*vers h^>VE c0'_ZrOl Over CUi ldi", __ze. L) CircumEt^^.ces cr.Us1L'^, =1s ^ues-V are the ?i re Ct result Of _ions of .rte 2nplicr_.. C) - e o not 0'�_'_v . _ 1.7. _'i, i, :., >r %, Or 6 C'_rcu 5.___ces 2_-_.... Page - Colligan/Larwx movad co direct staff to resaarm ordinance No. 351 and f� to explore any funding available co financially help Murphy's landing Dow and in the future. Nation carried unnnie usly. Wampach/Leroux moved to cobalt the amon, of Dr. Ill. E. LUN to Scott County as a candidate to ist the County Health Officer in meeting the Canary's public health needs. lotion carried unanimously. Colligan/Vierling moved to open the public hearing regarding the appeal from the Shakopee Board of Adjustments and Appeals' approval of av ariance from setback requirements requested by Cletus Link for Lots 6 b ], Bleck East Shakopee. Notion carried unanimously. The City Planner presented the background inform tion regarding the appeal, along with additional information submitted by the appllunt for the variance since the appeal was filed. This additional information was not know by the Board of Adjustments and Appeals "an the approvalwas granted. Discussion followed regarding whether or not this information changes the scope of application enough to send it back to the Appeal Board, or what options Council has to consider. Clete Link stated that nothing has changed; the building will be the eam size antl placed in the saw location on the lot. He said at the Beard of Adjustments and Appeals hearing, there was a misunderstanding about the tuber of service bays. 3c was thought chars would be 3 bays, but there will be six service bays, which necessitates more parking spaces, which they will provide. Bev Roehnen, appellant. stated her main concern is the adequacy of parking for disabled vehicles, aa he doesn't vent chem parked on bar adjoining property. She said there is also a question of whether or not there is an alley between this property and hers. The applicant now has a curb cut permit from the State to access the prapariy from Ilwy. 101, which alleviates the problem of parking spaces. Mr. Link responded that there isn'k and never nalley behind his pro- perty. The City Engineer added he finds norecordsof an alley Being de- dicated or secured in that block. He doesn't know where the utility right- of-way is. Leroux/Lebens moved to continue the public hearing to November 20, 1984 to allow for further research on the application. and right-of-ways. Mr. Link said his lot is 150 feet deep, which goes back to when the tell- road Bad property there, and he doean't east an alley. Because of the date, it is urgent they get the project going. He said all they are ask- ing for is approval of the variance already approved by the Board Of Adjust- ments andAppeals. The building is the same as presented, and they will meet whatever parking spaces are required. Discussion followed, with the City Attorney advising that the only issue to be heard in this public hearing is the appeal of the variance, and the Other issues are part of the building permit process. .'oCior. :nlled .i Ll. L— . Lebens, Leroux and Reinke In favor cad Cl. Har.,- pagh. C1111._1.1Intl F cr!inC c,.o.d. Colligan/Wazzatb unwed to c . - Cm n and or Adiustments and Aneals' approval of the variance in setback requirements, Variance Resolution No. CC-380. Mr. Link explained that with the setback requirements for B-1, any average lot will have to have variances granted to put any building on it. He suggested the consideration of Changing of the setbacks for B-1 to the same a B-3 to allow developmmt_of`chose lots almgLvy.::3111..- _ -- / November 6, 19U4 /. Page l Potion carried witM1 Lnd. Leroux and Mayor Reinke opposed. 7 The Admin- intern gave Bore background on the efforts of the Energy and Transportation Committee to obtain a back-up vehicle for the van Pool and dial-a-ride programs. Leroux/Nampach moved to amend the Dial-A-Ride contract dated September 1, 1984 to include the following language to appear as Addendum No. 1 to the contract (as listed in the memo from the Admin. Intern dated October 30, 1984). Roll Call: Aves; Unanimous Noes; None Potton curried. Colligan/Leroux moved to adopt the transit Policies submi ttedby the Energy 6 Transportation Committee as formal Shakopee Area Transit Policy. Roll Call: Ayes; Unanimous Noes; None lotion carried. Colligan/Leroux moved to concur with [her o endacion of the Shakopee Cable communication Commission and support the efforts of Cable Tele- vision Information Center in their challenge of the FCC's Nevada decision which includes eliminating local rate regulatiova for cable television. - Roll call: Aye.; Unanimous Noes: None lotion carried. Colligan/Leroux moved to concur with the recommendations of the Shakopee Cable Comuniestfons Comfasfon and decline the invitation to Join the Metro Area interconnect Commission at this time, but reserving the right to join at a future date. Roll Call: Aye.; Unanimous Noes; None Motion Carried. Colligan/Nampach offered A...I.tion No. 2341, A Resolution Setting Public Nearing on 1985 Single Family Revenue bond Program, and moved its adoption. Consensus was to have staff contact developers mon determine their interest I. this program. Potion carried unanimously. Colligan/Vierling moved to determine the HRA is to administer this program. Potion ..tried u.auimously. Leroux/Vierling moved to authorize the appropriate City Officials to ad- vertise for bids for a new front and loader based upon total cost purchase plan with bids to be received on November 26, 1984 and the award on Decem- ber 4, 1984. lotion carried ooanimoosly. Warpath/Leben: moved to waive, for the position of City Mechanic, the City's practice of reviewing only candidates that have filed by the printed ad- ertismment deadline because it is o minor procedural practice not prohi- bited by Resolution No. 1911. Notion carried unanimously. Leroux/Nampach moved to approve the hiring of Eugene 3eurissen for the position of Mechanic I at step three of the pay plan with a two year and 'x month service credit, effective November 26, 1984. Roll Call: Ayes; Unanimous Noes; None Notion carried. Colligan/Leroux roved to authorize payment in the following amounts as settlement in the Shenandoah Drive Rigbt-of-way Condensation proceedings; acr . Christian and Loren Gross, $15,600; Har[ Financial Corp. and haW.. P. :]].r C`, baric -vndorson, .110... : - .0 Wwan Snwlke,, i64v vC Roll Call: Ayes; Iuanlmow Noes; ^one Colligan/Leroux moved to authorize staff to use the investment services OfE------ - Kidder, Peabody and Smith Barney. Roll Call: Ayes; Unanimous Noes; None Notion carried. Colligan/Vierling moved to approve the hiring of Demalee Rosekes for rhe _ position of Accounting at step two of the pay plan with a one yea service - edit. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved that the bills in the amount of $92,570.41 be al- lowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None No[iJn carried. Nwem6.r o, !va. _ Page 3 � �. [otiose carried with Lncl. Leroux and Nayar Reinke opposed. The Admin. Encore gave some background on the efforts of the Energy and Transportation Cominco to onto. a back-up vehicle for the van pool and dizl-a-ride programa. laiovx/Nampach moved to amend the Dial-A-Ride contract dated September 1, 1984 to include the fallowing language to appear as Addendum No. 1 to the contract (as listed in the memo from the Admin. Intern dated October 30, 1984). Roll Call: Avon; Unanimous Nous: Nova Notion carried. Colligan/Leroux moved to adopt the transit policies submitted by the Energy 8 Transportation Committee as formal Shakopee Area Transit policy. Roll Call: Ayes; Unanimous Noes; None lotion carried. Lolligan/Leroux moved to cowur with the recommendation of the Shakopee Cable Com®mication Cmmmisslm and support the effects of Ca a Iele- vision Info'ti Center in their challenge of the FCC's N ads decision which includes a aminating lo.al race regulations for cabl television. Roll Call; Aye : Uvmimus No an; None lotion carried. Colligan/Leroux wed to concur with the r comendatl of the Shakopee Cable Ca®uni,sti. Commission and decline the few rico to join the seers Area Interco act Commission at this rime, t reserving the right to join at a future dace. Roll Call: Ayes; U ominous Noes; None Notion ..tried. Lolligan/Nampach offe d Resolution M. 2341 A Resolution Setting Public Nearing on 1985 Single Family Revenue BOM rogres, and moved its adaption. Consensus was to have at If contact days pees to determine their interest I. this program. Notion carried unanimously Colligan/Vierling moved to d [crack the BRA is to administer this program. Region carried unanimously. Leroux/Vierling moved to autho ze the appropriate City Officials to ad- vertise for bids for a new fr and loader based upon total cont purchase plan with bids to be receive on November 26, 1984 and the award on Decem- ber 4, 1984. Notion cattle wen mously. Vampach/Lebens moved to se, for the petition of City Mechanic, the City's practice of reviewing m y caMidao s that have filed by the printed ad- vertissment deadline b causer it is minor procedural practice not pro ni hired by Resolution . 1913. Mein carried wearisomely. Leroux/Nampach may d to approve the by ing of Eugene Jeuri...r for the position of Hach is I at step three o tee pay plan with a two year and six month tarot credit, effective Nov mbar 26, 1984. Roll Call: A s; Urenimus Noes: or lotion carried. Colligan/Lerpix moved to authorize p.ymonn the following amounts as settlement in the Shmeandoeh Drive Rigbi-o n y Condensation proceedings; -a n: sti.n and Lemon Gross, 815,6 `a Nor; Financial Corp. and . .Ma's. ani LJ.Iv;f. snl rl . Roll ". Ayes; 'nanimou: .`•ors; )-one ",m ion carrL d. _ Colligan/Leroux moved to authorize staff to use the investment services of Kidder, Peabody and Smith Barney. Boll Call: Ayes; Unanimous Noes: None lotion carried. Colligan/Vierling moved cc approve the hiring of Dopalee Restless for the position of Accounting at step two of the pay plan with a one yea. service edit. Roll Call: Ayes; U animus Noes; None lotion carried. Col Upan/Vierling moved chat tee bills in cite amount of $92.520.41 be al- lowed and ordered paid. Roll Call: Ayes; Umwamz s Nov.; None lbciwn carried. BO.tA October 4, 1984 7 ei Page 2 Discussion followed regarding the necessity of amending the conditional use permit to allow storage around the building, or if that would just be an interpretation. The City Planner pointed out that to amend the conditional use permit there would be a $100 fee, and it would be treated the same as a new conditional use permit. Chrm. Stoltzman asked if there was anyone else in the audience who wished to comment on this matter, and there was no response. VanMaldeghem/Koehnen moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Koehnen offered Resolution No. 378 and moved for its denial based on Shakopee City Code Sec. 11.31, which does not allow for open sales or storage. Motion carried with Comm. Rockne opposed. VanMaldeghem/Koehnen moved that if applicant desires open storage in the B-3 Zone, it is suggested he come in for an amendment of his conditional use permit. Mr. Kenney said he thought there was a difference between storage and ad- vertising. The City Planner stated the sign ordinance deals with advertising. Motion carried unanimously. Jim Roffman, Q Petroleum station manager, asked if they are allowed to keep outside storage around the building. The City Planner explained that in the past businesses have been cited for violation of this ordinance only when they have stored large shipments of materials in the sight line, which causes a safety hazard. She said if there is no complaint about the storage around the building and it does not represent a safety hazard, he will not be cited. PUBLIC REARING - BROOK'S SUP%RBTTE VanMaldeghem/Koehnen moved to open ,the vublic hearing regarding the request for a variance from the minimum lot size. - The City Plannersaid the applicant has requested a later hearing time be- cause of a conflict at this time, and he is requesting it be heard in con- junction with the public hearing set for Planning Commission later. Motion carried unanimously. VanMaldeghem/Czaja moved to continue this public hearing to 9:15 p.m. , to be heard in conjunction with the Planning Commission public hearing regard- ing gasoline facilities. Motion carried unanimously. PUBLIC REARING - LINK V.?RIANCZ Czaja/Van_w.aldeghem moved to open the public hearing regarding the request for a variance from the setback reouirements to construct a 40' x 100' building. LV.z+ October 4, 1984 Page 3 C/ Comm. Koehnen informed the Commission that she has been notified as an affected property owner on this issue and she will be abstaining from the voting and her comments will be as a property owner, not a Commissioner. Motion carried with Comm. Koehnen abstaining. The City Planner went over the background of this reque t and the con- siderations. She stated staff recommends approval of a variance with conditions. Comm. Schmitt arrived and took his seat at 8:17 p. . Discussion followed regarding the developer usin one of the adjacent lots he owns to avoid the variance Clete Link, th developer, stated it would be an economic hardship to have to purchase an that lot and would make the land cost too high for the. build ng. Mr. Link said that Amoco Transmiss n is an international company, which has one plan they work with arid all f the' buildings are 40' x 100' . The interior is all the same and •all he uipmentis designed to fit into this 40' x 100' building. The City Planner pointed out the extra eep setbacks this property has to meet because of on the corner of an at ural and a collector street. She said this site plan meets the landsca ing,.and parking setbacks of the new design standards. She also pointed t that she hasn't received a reply from MED on its review of the curb cuts. Chrm. Stoltzman asked if anyone fr m the audience wished to comment. Ms. Koehnen said she owns the pr arty on the s nth of this plat, and she feels this building is a very in ensive use of t property. She said there is no alley and only a 10 foot setback from er property, which she feels is detrimental to her pr arty. She is cont ed with the amount of parking needed and provided fo . She asks the Cc=* sion to deny the application. Mr. Link responded that they plan no outdoor storage of ehicles. Amoco has informed him that norma ly there is at the most 5 car that would be sitting in the parking lot waiting service. In the wince there might be more. He added that there is nothing around the lot, as the whole block is vacant except for one cuse. Ms. Koehnen asked if the ne parking space would be right up to he property line. The City Planner eplied that there is a 3 foot setback be een the property line and the parking stall. She said that with the 3 se 'ce stalls, they are required to have 12 parking spaces, and there are 19 parking spaces indicated on the plan. Mr. Link said they plan a maximum of 5 employees. Mr. Link suggested in the future the Planning Commission might want to look at setback requirements in the S-1 area, because there are still a lot of single family residential lots of First Avenue. He would assume that even- tually the City would like to turn those lots to commercial. He said that right now, with the setback requirements, a commercial project cannot be built on one lot. He clarified that the sideyard is the problem. Conor. Schmitt commented that the setbacks are for traffic flow, and tae variance procedure is the proper vehicle for making allowances for p-rc___!ar . fats. October 1 , 19S. Page 3 � C/ Coma. Koehnen informed the Commission that she has been notified as an affected property owner on this issue and she will be abstaining from the voting and her comments will be as a property owner, not a Commissioner. Motion carried with Comm. Koehnen abstaining. The City Planner went over the background of this request and the con- siderations. She stated staff recommends approval of the variance with conditions. Comm. Schmitt arrived and took his seat at 8:17 p.m. Discussion followed regarding the developer using one of the adjacent lots he owns to avoid the variances. Clete Link, the developer, stated it would be an economic hardship to have to purchase another lot and would make the land cost too high for the. building. Mr. Link said that Amoco Transmission is an international company, which has one plan they work with and all of their buildings are 40' x 100' . The interior is all the same and all the equipment is designed to fit into this 40' x 100' building. The City Planner pointed out the extra deep setbacks this property has to meet because of on the corner of an arterial and a collector street. She said this site plan meets the landscaping and parking setbacks of the new design standards. She also poinced out that she hasn't received a repiy from i on its review of the curb cuts. Chrm. Stoltzman asked if anyone from the audience wished to comment. Ms. Koehnen said she owns the property on the south of this plat, and she feels this building is a very intensive use of the property. She said there is no alley and only a 10 foot setback from her property, which she feels is detrimental to her property. She is concerned with the amount of parking needed and provided for. She asks the Commission to deny the application. Mr. link responded that they plan no outdoor storage of vehicles. Amoco has informed him that normally there is at the most 5 cars that would be sitting in the parking lot awaiting service. in the winter there might be more. He added that there is nothing around the lot, as the whole block is vacant except for one house. Ms. Koehnen asked if the one parking space would be right up to the property line. The City Planner replied that there is a 3 foot setback between the property line and the parking stall. She said that with the 3 service stalls, they are required to have 12 parking spaces, and there are19narking spaces indicated on the plan. Mr. Link said they plan a maximum o° 5 employees. Mr. Link suggested in the future the Planning Commission :night want to look at setback requirements in the B-1 area, because there are still a lot o_' single family residential lots of First Avenue. He would assume that even- tually the City would like to turn those lots to commercial. He said that right now, with the setback requirements, a commercial prcject cannot be built on one lot. He clarifies that the sidevard is the Drobiea. Corrc. Sch-._rt cc=ented that the setbacks are _`or _ , and the variance protec.:e s a=_ pr0 per fo: ma._ g __0wa=e- -_: r__c__ar - a-s. October 4, 1984 Page 4 Ms. Koehnen stated that the reason any of the other properties do not meet the secback is because they were there before the highway came and took part of their property. Coma. Schmitt thought this is a better utilization of the land with 40% more in-house parking than the other stations in the area. - Mr. Link explained the drainage plan suggested by the City Engineer. Chrm. Scoltzman asked if there were any more questions from the audience, and there was no response. VarnMaldeghem/Czaja moved to close the public hearing. Motion carried with Comm. Koehnen abstaining. Schmitt/Vanmaldeghem offered Variance Resolution No. 380, granting a 10 foot front yard, a ten foot side yard and a twenty foot rear yard variance in order to construct a 40'. x 100' commercial building, with the following conditions: 1. Submittal of a drainage report prior to approval of a building permit. - 2. The defective sidewalk along Hwy. 101 must be replaced. Motion carried aaith Comm. Koehnen abstaining because of a conflict of in- terest and Comm. Schmitt abstaining because he was not present for all of the hearing. Chrm. Stoltzman said there is a 7 day appeal period. Czaja/VanMaldeghem moved to adjourn at 8:52 p.m. Motion carried unanimously. Rockne/Stoltzman moved to re-open the Board of Adjustments and Appeals meeting at 10:24 p.m. Motion carried unanimously. PUBLIC HEARING - BROOK'S SUPERETTE VARIANCE Rockne/Schmitt moved to open the public hearing regarding the request by Brook's Sunerette for a variance from the minimum lot size requirements. Motion carried unanimously. The City Planner said the applicant is doing this to have a document on file indicating their lot size is legal. Vice-Chair Czaja asked if there were any comments from the audience, and there were none. Schmitt/VanMaldeghem moved to close the public hearing. Notion carried unanimously. Schmitt/Stoltzman moved to approve Variance Resolution No. 379 granting- a variance from the minimum lot size in the B-2 District. Motion carried unanimously. Schmitt/Koehnen moved to adjourn the meeting at 10:28 p.m. Motion carried unanimously. Judi Simac Diane S. Bauch City Planner Recording Secretary .._..�_ .._....._.... ...... c_ .... .._...c .0 ,..... .ac c. _ub. :...._...: ..ai mac:. unanimously. Czaja/Schmitt offered Resolution No . 495 -sustaining staff - administrative ruling that temporary construction building does not include living quarters. Motion carried unanimously. PUBLIC HEARING : Va nc _r_eauest to reducepu' stall reouirement , from u zn ec' Corporation. Czaja/Schmitt moved to open the public hearing "0Osider a request for a variance to reduce the required parkig stall requirements from 40 to 34 for the proposed addition the Aamco Transmission Shop on Highway 101 . There are current 24 parking spots on the lot. Jim Bartlett, applicant,_ . sa -it-.has been their experience that hey do t need four per stall . Comm. Czaja asked if the addition wou d be strictly automotive repair or office space. The a li nt answered it will be used for automotive repair only. C oman VanMaldeghem asked if there was anyone from the audience no wished to address this issue. Bev Koehnen, 2036 Canterb y Ro d, stated she recalled when they first made application t Planni g Commission approved a 3 stall building, during thay appeal eriod it was discovered that it was a 6 stall bu' ding, she pealed the decision of the Planning Commission o the City C0 oil and they granted the variance. Foudray/Schmitt oved to close the p blic hearing. Motion carried unanimou y. Foudray/Schmi moved to approve the varian resolution No. 493 without any onditions. Motion carried unani usly. Schmitt/F dray moved to direct staff to ensurethat their files properly ecord the location of the parking stall as they exist. Motion rried unanimously. Foudray/Schmitt moved to adjourn. Motion carried .unanimously. Meeting adjourned at 9: 10 p.m. Douglas Wise _ City Planner Carol Schultz Recording Secretary unanimously. 7 C� Cza j a/Schmit .. offered Resolution No. 49: sustaining staff aaministrative ruling that temporary construction building aoes not include living quarters. Motion carried unanimously. PUBLIC H-- AR-NG : Variance request `-o reduce --oui,-d parkin¢ sta � I requirements `-or, 10 to recKenri dee Devel ogme-t r ra- on. Czaja/Schmitt moved to open the public hearing to consider a request for a variance to reduce the rep ui.red parking stall requirements from 40 to 34 for the proposed addition to the Aamco Transmission Shop on Highway 101 . There are currently 24 parking spots on the lot. Jim Bartlett, applicant,_ said .it.has. .been. - their experience that they do not need four per stall . Comm. Czaja asked if the addition would be strictly automotive repair or office space . The applicant answered it will be used for automotive repair only. Chairwoman VanMaldeghem asked if there was anyone from the audience who wished to address this issue. Bev Koehnen, 2036 Canterbury Road, stated she recalled when they first mane application the Planning Commission approved a 3 stall building, during the 7-day appeal period it was discovered that it was a 6 stall building , she appealed the decision of the Planning Commission to the City Council and they granted the variance. Foudray/Schmitt moved to close the public hearing. Motion carried unanimously. Foudray/Schmitt moved to approve the variance resolution No. 493 without any conditions. Motion carried unanimously. Schmitt/Foudray moved to direct staff to ensure that their files properly record the location of the parking stalls as they exist. Motion carried unanimously. Foudray/Schmitt moved to adjourn. Motion carried unanimously. Meeting adjourned at 9: 10 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary Subd. S. Variances. A. Criteria for Granting Variances. A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in those zones where the Chapter imposes undue hardships or practical difficulties to the property owner in the use of this land. No use variances may be issued. A variance may be granted only in the event that the following cir- cumstances exist: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other prop- . erties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Chapter have had no control. ' 2. The literal interpretation of the provi- sions of this Chapter would deprive the applicant of rights com- monly enjoyed by other properties in the same district under the terms of this Chapter . 3 . That the special conditions or circum- stances donotresult from the actions of the applicant. 4. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. B. Thevariancerequested is the minimum variance which would alleviate the hardshi_n. 6. The variance would not be materially detri- mental to the purposes of this Chapter , or to property in the same zone. Ya MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Stonebrooke Development Final PUD Approval DATE: July 1, 1987 Introduction: At their meeting on June 18, 1987 the Shakopee Planning Commission approved a motion recommending approval of the final PUD plan for the Stonebrooke PUD subject to conditions. Background• On April 21, 1987 the Shakopee City Council approved the preliminary PUD for the O'Dowd Lake Estates and Golf Club Project now known as Stonebrooke. The preliminary PUD approval was granted subject to several conditions which had to be met by the developer prior to the final PUD approval. These conditions include the following: 1. County Road Accesses 2. Street Lighting Plan 3. Phasing Plan 4. Sewer Plan 5. Water Plan 6. Drainage Plan 7. Development Covenants The City Council approval of the preliminary PUD plan also required that the 2400 ft. cul-de-sac be changed to a through street. The developers submitted a final PUD plan to the Planning Commission which included 78 single family lots and 9 lots to be used for twin homes. The proposed site would therefore be comprised of a total of 96 dwelling units. The plan submitted by the developer included a numberlof lots and easements which were connected by long narrow easement strips. At their meeting on June 18th the Planning Commission discussed the lot and easement arrangement and passed a motion clarifying the meaning and intent of the ordinance change regarding required sewer easements. This motion passed by the Planning Commission indicated that the intent of the ordinance change was to not allow flag easements as shown on the plan presented to the Planning Commission. The recommendation of the Planning Commission includes a condition which would require the developer to change the lot and easement arrangement to comply with the intent of the motion passed by the Planning Commission. At their meeting on June 22, 1987 the City Council approved the ordinance making amendments to the PUD requirements of the City. The ordinance as finally adopted by the City Council clarifies the intent of the required easement arrangement as made in the motion of the Planning Commission. This final action has required the developer to alter the design of the lots and easements to eliminate flag easements. The developer has submitted a changed plan which contains 76 single family units and a total of 94 units. The new plan complies with the requirements of the ordinance adopted by th City Council at their June 22, 1987 meeting, with the po sible exception of easements for lots in blocks 8, 9, & 11 which do not conform to the strict interpretation of the ordinance requiring lot lines extended to form easements. The City staff nd Planning Commission have reviewed the other information r quired of the devel er prior to final PUD approval and the con rns of the staff nd Planning Commission are addressed throu the recommend conditions for final approval. Planninc Commission Reco endation: At their meeting on June 1987 the City Planning Commission recommended app oval f the final PUD plan for Stonebrooke subject to the fo owi g conditions: 1. The developer shall be re red to file and record a final plat for the plannedunidevelopment prior to issuance of any building permits. Sai final plat must conform to the final PUD plan approved b th%inacco 2. Approval by the Depar mentsources of the following: A. The planned unit evelop $. The use of fert' lizer, scaping within the developmen . C. Docking and 1 ke access. D. Alteration of wetlannce with the Department £ Natural Ref June 17, 1987 Condition 5. E. Ongoing t sting of the lake. 3. The develope .must submit a revised sewer plan which shows a primary on-site sewage treatment system location within each lot. Alternative on-site sewage treatment sites maybe located within sewer easement areas outside of the lot. 4. Septic system sites must be staked and roped off during 5N. At their meeting on June 22, 1987 the City Council approved the ordinance making amendments to the PUD requirements of the City. The ordinance as finally adopted by the City Council clarifies the intent of the required easement arrangement as made in the motion of the Planning Commission. This final action has required the developer to alter the design of the lots and easements to eliminate flag easements. The developer has submitted a changed plan which contains 76 single family units and a total of 94 units. The new plan complies with the requirements of the ordinance adopted by the City Council at their June 22, 1987 meeting, with the possible exception of easements for lots in blocks 8, 9, & 11 which do not conform to the strict interpretation of the ordinance requiring lot lines extended to form easements. The City staff and Planning commission have reviewed the other information required of the developer prior to final PUD approval and the concerns of the staff and Planning Commission are addressed through the recommended conditions for final approval. Planning commission Recommendation: At their meeting on June 18, 1987 the City Planning commission recommended approval of the final PUD plan for Stonebrooke subject to the following conditions: 1. The developer shall be required to file and record a final plat for the planned unit development prior to issuance of any building permits. Said final plat must conform to the final PUD plan approved by the City. 2. Approval by the Department of Natural Resources of the following: A. The planned unit development. B. The use of fertilizer, grading and landscaping within the development. C. Docking and lake access. D. Alteration of wetlands in accordance with the Department of Natural Resources letter of June 17, 1987 Condition k5. E. Ongoing testing of the lake. 3 . The developer must submit a revised sewer plan which shows a primary on-site sewage treatment system location within each lot. Alternative on-site sewage treatment sites maybe located within sewer easement areas outside of the lot. 4. Septic system sites must be staked and roped off during 0, construction periods to prevent compaction of the soil by construction equipment. 5. The homeowners association shall be responsible for the annual inspection of all on-site sewage treatment systems within the development. The association shall provide a performance bond or a letter of credit to the City which can be drawn upon to insure compliance with this requirement. Annual inspection reports for each on-site system within the development shall be provided to the City by July lst of each year. 6. The developers are hereby granted a variance from the 10 foot setback requirement for septic systems from the rear lot lines of lots adjacent to sewer easements. 7. Execution of a developers agreement for construction of required improvements. A. Installation of a water system in accordance with the requirements of the SPUC Manager. B. Installation of a street lighting system in accordance with the SPUC Manager. C. Installation of a storm sewer water system in accordance with the requirements of the City of Shakopee. D. Construction of streets and street signs in accordance with the design criteria and standard specifications of the City of Shakopee. E. In order to comply with 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 of a certificate of occupancy for the golf course club house. F. The City shall have the right to hire a consultant or expert to do an in depth lot by lot study of the suitability for on-site septic systems of each lot within the development. The City may add a surcharge to the permit fee for on-site sewage treatment systems to cover the cost of such consulting services. G. The golf course shall carry sufficient insurance to protect it from any liability resulting from the play of golf over public land or water. Said policy shall name the City as an additional insured and shall provide the City with 10-day notice prior to a' cancellation. The developer shall also supply the City annually with a certificate of insurance. 8. Approval of a title opinion by the City At 'orney. 9. Lots contained within the PUD shall com y with the motion and intent passed June 18, 1987 by th Planning Commission regarding lot and easement configurati . At their meeting o -June 4, 1987 the Plan ng Commission passed a motion recommendin the through street w- hin the Stonebrooke PUD remain open year aro d. Staff Comments: The action taken by a City Cc n-il in approving Ordinance #219 at it' s meeting on June 2 , 1987 clarifies the concerns relayed through the motion a rove by the Planning Commission at their June 18, 1987 meeting. Ba ed on the Council's approval of the ordinance, condition #9 recommended by the Planning Commission is no longer necess The latest plan submitted by the developer complies with the r quirements of ordinance #219. City staff would like ; to commend that the following condition be substituted for conditio #9: "The developer shall submit revised copy of the development covenants to the City prior to final plat approval. The revised covenants shall contain the equirement that a home owners association must beset up and the h me owners association will be responsible for complying with condition #5 listed above. " Action Requested: Offer and approvet'Resolution # 2749 Approving he Final PUD Plan and Development Agreement for Stonebrooke. F a' cancellation. The developer shall also supply the City annually with a certificate of insurance. 8. Approval of a title opinion by the City Attorney. 9. Lots contained within the PUD shall comply with the motion and intent passed June 18, 1987 by the Planning Commission regarding lot and easement configuration. At their meeting on June 4, 1987 the Planning Commission passed a motion recommending the through street within the Stonebrooke PUD remain open year around. Staff Comments: The action taken by the City Council in approving Ordinance #219 at it' s meeting on June 22, 1987 clarifies the concerns relayed through the motion approved by the Planning Commission at their June 18, 1987 meeting. Based on the Council' s approval of the ordinance, condition #9 recommended by the Planning Commission is no longer necessary. The latest plan submitted by the developer complies with the requirements of Ordinance #219. City staff would like to recommend that the following condition be substituted for condition #9: "The developer shall submit a revised copy of the development covenants to the City prior to final plat approval. The revised covenants shall contain the requirement that a home owners association must be set up and the home owners association will be responsible for complying with condition #5 listed above." Action Requested: Offer and approve Resolution # 2749 Approving the Final PUD Plan and Development Agreement for Stonebrooke. RESOLUTION NO. 2799 A Resolution Approving the Final Plan and Development Agreement for Stonebrooke Planned Unit Development WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plan and conditions to be included in the Development Agreement for Stonebrooke Planned Unit Development on June 18, 1987 and has recommended its adoption: and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plan and Development Agreement for Stonebrooke Planned Unit Development, described as follows: See attached. be, and the same hereby is approved and adopted with the requirements contained in the Development Agreement. BE IT FURTHER RESOLVED, that the Mayor and City Clerk and the same are hereby authorized and directed to execute said approved Plan and Developer' s Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1987. Mayor o£ the City of Shakopee ATTEST: City Clerk Approved as to form this day Of 1987 City Attorney DEVELOPMENT AGREEMENT This agreement made and entered into thisda of 1987, by and between the City of Shakopee, a municipal corpo tion organized under and pursuant to the Laws of the State of Minnesota and to ated in the County of Scott and State of Minnesota hereinafter called "City" an Laurent Builders., Inc. hereinafter called "Owner" WITNESSETH: WHEREAS, the Owner has made application o the City Council for approval of a Planned Unit Develo ent to be known as Sto brooke and for the-approval of a Plat of land within the cor rate limits of the City of Shakopee to be known,as Stonebrooke described in hibit "A" her o attached and made a part hereof. NOW THEREFORE, In consi ration o the approval by the City of the PUD and plat above referred to and other ood and valuable consideration, receipt and suffi- ciency of whichis hereby acknowled , it is hereby agreed that the approval of said plat and PUD shall be subject to th following conditions: 1. The.developer shall be r uired to le and record a final plat for the planned unit developme t prior to issu nce of any building permits. Said final plat must conf to the final PUD an approved by the City. 2. Approval by the Dep rtment of Natural Resourc of the following: A. The planned un t development. B. The use of f tilizer, grading and landscaping w bin the development. C. Docking and lake access. D. Alteratio of- wetlands in accordance with the Departme t of Natural Resource letter of June 17, 1987 Condition 115. E. Ongoing testing of the lake. 3. The developer must submit a revised sewer plan which shows a primary on-site sewage treatment system location within each lot. Alternative on-site sewage - treatment sites maybe located within sewer easement areas outside of the lot. DEVELOPMENT AGREEMENT This agreement made and entered into this day of 1987, by and between the City of Shakopee, a municipal corporation organized under and pursuant to the Laws of the State of Minnesota and located in the County of Scott and State of Minnesota hereinafter called "City" and Laurent Builders, Inc. hereinafter called "Owner' WITNESSETH: WHEREAS, the Owner has made application to the City Council for approval of a Planned Unit Development to be known as Stonebrooke and for the-approval of a Plat of land within the corporate limits of the City of Shakopee to be known as Stonebrooke described in Exhibit "A" hereto attached and made part hereof. NOW THEREFORE, In consideration of the approval by the City of the PUD and plat above referred to and other good and valuable consideration, receipt and suffi- ciency of whichis hereby acknowledged, it is hereby agreed that the approval of said plat and PUD shall be subject to the following conditions: 1. Thedeveloper shall be required to file and record a final plat for the planned unit development prior to issuance of any building permits. Said final plat must conform to the final PUD plan approved by the City. 2. Approval by the Department of Natural Resources of the following: A. The planned unit development. B. The use of fertilizer, grading and landscaping within the development. C. Docking and lake access. D. Alteration of- wetlands in accordance with the Department of Natural Resources letter of June 17, 1987 Condition 115. E. Ongoing testing of the lake. 3. The developer >bust submit a revised sewer plan which shows a primary on-site sewage treatment system location within each lot. Alternative on-site sewage - treatment sites maybe located within sewer easement areas outside of the lot. 8 C- 4. Septic system sites must be staked and roped off during construction periods to prevent compaction of the soil by construction equipment. 5. The homeowners association shall be responsible for the annual inspection of all on-site sewage treatment systems within the develop- ment. The association shall provide a performance bond or a letter of credit to the City which can be drawn upon to insure compliance with this requirement. Annualinspection reports for each on-site system within the development shall be provided to the City by July let each year. 6. The developers are hereby granted a variance from the 10 foot setback requirement for septic systems from the rear lot lines of lots adjacent to sewer easements. 7. Execution of a developers agreement for construction of required improvements. A. Installation of a water system in accordance with the requirements of the SPUC Manager. B. Installation of a street lighting system in accordance with the SPUC Manager. C. Installation of a storm sewer water system in accordance with the requirements of the City of Shakopee. D. Construction of streets and street signs in accordance with 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 of a certificate of occupancy for the golf course club house. 2 - F. The City shall have the right to hire a consultant r expert to do an in depth lot by lot study of the suitability r on-site septic systems of each lot within the development. T e City may add a sur- charge to the permit fee for on-site sewage reatment systems to cover the cost of such consulting services. G. The golf cours shall carry sufficient nsurance to protect it from any liability resul ing from theplay of g if over public land or water. Said policy shall name the City as co-in ured. 8. Approval of a title opi on by the Ci y Attorney. 9. The owner shall submit a re 'sed co y of the Development Covenants to the City prior to final plat appro 1 The revised covenants shall contain requirement that a home owners s iation must be set up and the home owners association will be tea onsible or complying with condition #5 above setforth. IT IS MUTUALLY AGREED that his agreement wi bind both parties hereto and successors and assigns of said parties. IN WITNESS WHEREOF, the ty and the owner have ca sed this Agreement to be duly executed on the day and year first above written. CITY OF SHAROPEE By Mayor IN THE PRESENCE OF By City Administrator By City Clerk OWNER IN THE PRESENCE OF By Its President By Vice President and Secretary 9 CL�_ F. The City shall have the right to hire a consultant or expert to do an in depth lot by lot study of the suitability for on-site septic systems of each lot within the development. The City may add a sur- charge to the permit fee for on-site sewage treatment systems to cover the cost of such consulting services. G. The golf course shall carry sufficient insurance to protect it from any liability resulting from theplay of golf over public land or water. Said policy shall name the City as co-insured. 8. Approval of a title opinion by the City Attorney. 9. The owner shall submit a revised copy of the Development Covenants to the City prior to final plat approval. The revised covenants shall contain requirement that a home owners association must be set up and the home owners association will be responsible for complying with condition S5. above setforth. IT IS MUTUALLY AGREED that this agreement will bind both parties hereto and successors and assigns of said parties. IN WITNESS WHEREOF, the City and the owner have caused this Agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE By Mayor IN THE PRESENCE OF By City Administrator By City Clerk 014NER IN THE PRESENCE 0£ BY Its President By Vice President and Secretary STATE OF MINNESOTA) ) as COUNTY OF SCOTT } On this _day of 1987, before me a notary public within and for the County of Scott personally did appear Eldon Reinke, John K. Anderson, and Judith S. Cox, to me personally known, being each by me duly sworn did say that they are respectively the Mayor, City Administrator and the City Clerk of the City of Shakopee, a municipal corporation, named in the foregoing instrument, and that the seal affixed to said instrument is a corporate seal of said corporation and that the instrument was signed and sealed in behalf of the municipal corporation by authority of its City Council and the said Eldon Reinke, John K. Anderson and Judith S. Cox each acknowledge said instrument to be the free act and deed of said municipal. corporation. STATE OF MINNESOTA) ) as COUNTY OF SCOTT ) On this day of 1987, before me a notary public within and for Scott County, personally appeared Gary L. Laurent and Randolph R. Laurent to me personally known, who, each being duly sworn by me did say that they are respectively the president and vice president and secretary of Laurent Builders, Inc. and that the said corporation does not have a seal but was executed in behalf of said corporation by authority of its Board of Directors and the said Gary L. Laurent and Randolph R. Laurent each acknowledge that said instrument is a free act and deed of said corporation. This instrument was drafted by Julius A. Collar, II Shakopee City Attorney 211 West First Avenue Shakopee, Minnesota 55379 T The NorthwesL Quarter of the Southwest Quarter and Government . Lots 2 and 3. All in Section 19 , Township 115 , Range 22 , Scott P Q� County together with Government Lot 1 Section 30, Township 115 , I ,Range 22, Scott County , Minnesota , excepting therefrom the following: Land contained in the Plat of Timber Trail.s , Registered Land Survey Nus . 45 & 47 . ALSO, That part of North Half of Northwest Quarter of. Section 1.9 , .Township 115 , Range 22, Scott County , Minnesota , ying West of the East 1309 .20 feet (as measured at right angle ) thereof . That part of tite North 300 feet of the Nor Half of the Northwest Quarter of Section 19 , Township 115 , ange 22 , Scott County, Minnesota, lying East of the West 726 feet and West of .the East 1375.2 feet of said North Half of th Northwest Quarter . That part of the i7.ast 363 feet or the West 7" feet of the North 300 feet of the North Half of the Northwes Quarter of Section 19, Township 115 'Range 22 . That part of the est 363 feet of the Nor 300 feel of the North Half of the Northw st Quarter of Section 9 , Township 115 , Range 22, . ALSO, The South Half of Northw t Range 22, Scott County , Mi.n eQot tPrI Section 19 , 'township 115 , lying southerly of the nort •rl CEPT the ::rsterly 720 . 15 feel Northwest Qua rCer of S ry U0 feet of ,a 7.d South Halt of Count ec Li on 7 , 'I'nwnship 115 , Range Y ; ANI) A Trinngnlnr mrrr g 22 Scott SoaLhWesl fu:r rl � r I ar rbr Soul hWest. corner of the nl N„rl b,.n:a tlr,.,rl nr ,I,. .rriLr'I n.c f nw, r, l I : Starting at the Southwest c rner of rtheast Quarter, thence East 20 feet along the So th line of Ln p int on the Northeast Quarter ; Lhence .northweserly to he Wes line of the Northeast Quarter 20 feet North of Lit sold Southwest orner ; along the . West 'line of Northeast thence South beginning, all in Secti n 19 , Townshipr 115, tRangee 22 , nt of County , Minnesota. ALSO, -0utlot A, Timber Trail , according to the recorded p1. t thereof ' nn 'f ile and of rent ' n the Office of the R,,,, ,. ar of Titles in and for SCULL County , inn c•sul n . ALSO, Tracts 0, P, Q,' R, T, U, V, W Registered Land Sury ,No. 47 - X • y+ Z, AA BB , CC , and DD , Scott Count Y Plies of the Registrar of Tittles , Y . Mi.nnes La . ALSO, PARK in Block 5, Timber Trai.I .c , accord i.ng to Che plat thereof on file and of record in the office or the Count County , Minnesota . y Recorder , Scott EXHIBIT A T The North-CSL Quarter of the Southwest Quarter and Gnvernmen[ Lots 2 and 3, All. in Section 19 , Township 115 , Range 22 , Scot- County togethor with Government Lot 1 Section 30, Township 115 • Range 22, Scott COU-1 Ly . Minnesota , excepting Lhcrefrom [he following: Land con Lained in the Plat of Timber Trails , Registered Land Survey Nos . 45 R 47 . ALSO, That part of North Hnlf of Northwest Quarter of Section 19 , .Township 115 , Ranee 22, Scott County , Minnesota, lying West of the East 1309 . 20 [act (ns measured at right angles ) [hereof . That part of the North 300 feet of the North Half of the Northwest - Quarter of Section 19 , Township 115 , Range 22 . Scott County , Minnesota, lying East of the West 726 feet and West of .the East 1375. 2 feet of said North Half of the Northwest Quarter . That part of the Rest 363 feet of the West 726 feet of the North 300 feet of the North Half of the Northwest Quarter of Section 19 , Township 115 , Range 22. That part of the West 363 feet of the North 300 feet of the North Half of the Northwest Quarter of Section 19 , Township 115 , Range 22. ALSO, The South Half of Northwest Quarter , Section 19 , Township 115 , Range 22, Scott County , Mi.nneaoLa EXCEPT the Westerly 720 . 1.5 feel lying southerly of the northerly 100 feat of na i.d South half of Northwest Quarter of SecLi.nn GOnoLV ; AND A TrinIm lar , r, ,l or 7nIII,, Sp11i 15 , lRa nge corner 22 , Scott Scott So uLhwosl Quo rl rr nl Nnrl�h,.;, Lite ns fulinws ; . Starting at the Southwest corner of Northeast Quarter, thence East 20 feet along the South line of the Northeast Quarter ; [hence .northwo.LPr] y to n point on the Wes[ line of Lhe Northeast Quarter 20 f.ceL North of Lhe su id Southwest curuer ; thence South along the . West line or NorLhenst Quarter to the point of beginning, all in Section 19 , 'township 115 , Range 22 , Scott County , Minnesota. ALSO, Outlet A. Timber Trails, according to the recorded plot thereof . Outlet and of record .in Lhc and (nr SCULL County , Min„ry O; fice of L'ne Registrar of Ti Ll es i.n ALSO, Tracts 0, P, Q,' R , S . T. U. V , W, X y - Registered Land Survey No. 47 , Piles of the Re BB CC , and DD , Scott County , Minnesota . Registrar of Titles , ALSO, PARR in Block 5 , Timbor Trails , according to the file , and of recorplat thereof on County , Minnesota . d in the office of the CounLy Recorder, Scott EXHIBIT A TG , Dear Mayor Eldon Reinke , At the last planning commission , we learned that the City Council had changed the plans for Gary Laurent 's proposed golf course to include a second through road leading directly to the parking lot of the club house. As residents of Timber Trails, we wish to support the original •proposal which included an emergency road with breakaway barriers. We are very concerned about the change in plans for the following reasons: 1 . This is a rural residential area. We would have expected at some time in the future that more residential homes would have been added . We feel , though , that a road leading directly to a commercial business would attract major traffic through our area. There are two alternate routes- -- County road 77 and 14. Because 77 is gravel and 14 is further out , people would use our road to get directly to the club house and parking lot. 2. Traffic would begin very early in the morning and continue to late into the evening . 3. The club house would be serving liquor and we are concerned that there may be impaired drivers going through our neighborhood . 4. The increased through traffic would also endanger golfers who would have to cross the road a number of times to get to other parts of the golf course. 5. Timber Trails roads were designed for residential traffic . The City of Shakopee is in the process of repairing these roads after only eight years . We were told by the City that the repairs that were done were for residential and would not accomodate heavy traffic . In order for these roads to bear increased commercial business, as well as residential traffic , they would have to be totally reconstructed . 6. Other subdivisions in the area like Deer View, Eagle Wood , and Englehaven , have only one entrance. We would have two if Wood Duck Trail goes through to Cty Rd , 79. It is unnecessary for Lakeview Drive to go through to 79. We do not feel that this will set a precedent for other subdivisions because the chances of another golf course in Shakopee are non-existant . We would hope that you would seriously consider these concerns and return to the original plans. Thank you sincerely. Shakopee residents of Timber Trails The fel lowinngeside j' 6livS•T-the W taa� - NAME ADDRESS FHONE # hl a UZo o E -c-�in of.- 1 y� 9 �vtr�2 h�uc1} `�n aLz v vs-r7 zs 4a s U4p d 4--d Jv. 4-09-���� ga,c& IJP� 71?. V96 G� 7A J YyJ=yia U�ar�i►rr S iCs(oJ /v�y woaq/ DuaKTr4,� yY1 ' Y��, LAKeu;P,tO �;d{ t��ls• 7y9� /A�Fo jj�,-1 ---149(o Xf� lvtneQ 19��• S/�1SY36� qCj--, The following residents support the enclosed letter . NAME ADDRESS HONE k 6J«c- f4Ao•kTita;.( q `f -P g`f ^root C Of 69 a � t� lyto CiL"c `N Tna1/ yyS 7ogtl l y7Z B/ut // rrw% Yyr- Q3 rS - �•1'M -•� lyGy elNt lytri•. Yr ti � C�, The following residents support the enclosed letter . NAME ADDRESS PHONE u ama� /qvo 61ut HxAohTAA4 qLf y, - g`f ;rad p �c�3 g�ic,�P,tuLluu,1. Y96/g.� 7/ � !^ �r1'Y �yy.lr� C•••s'- dvs-.°3J3 r ,a'ue+,. G%�%G•.44n/ i yt7 r.Jied ow ..�c Tr. y��-/78/ J.A i,4 5/5/s`qVr tato 6Luc `I�•��rtTi�a� / 41'fs- 7orq Fred J. Corrigan 8075 East Martindale Prior Lake, Minnesota 55372 June 16, 1987 Mayor Eldon Reinke City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Cul-de-Sac Regulations Dear Mayor Reinke: I am writing in regard to the Laurent Company's proposed golf course and recreational development on Lake O'Dowd. As you are aware, I am the developer of Fox Run in the east part of the City. This development suffered severe restrictions due to the existing cul-de-sac regulations governing the length and public safety. I once again urge the City of Shakopee to consider revising these regulations to recognize the realities of Shakopee's rural areas during the period of urbanization of the outlying areas. The resolution of these concerns need to be addressed in a timely manner before Shakopee suffers the loss of quality upper-income residential development such as Fox Run and the Laurent Company's golf course project, projects Shakopee desperately eeds. Yours s' ly, i Fr J. C rigan RECEIVED JUN 1 71981 CITY OF SHAKOPEE C� by 'he City cr unless the - pszl c,.-rcrms in a'_1 respects to the recuirements�„_ tae zc.._ng �istr`c- . SUED 6 ?IID ?rocedures. A. >lan inc Cc issicn =ev_ew. e .,. � .. enz mac . _ne -- :zscrztor ?cstnotice n_ refer the zpplicatich to~-- ?lann_ng =fission for ^ev e.+ and public hearing. Notice of tae hearing shall be published in the official newspaper at least tea (10) days prior to the hearing. Nctice shall also be mailed to zll Owners Of property within . 350 feet of the outer boundaries of the ?IID. The Planning Co..nission shall subait its recc mendaticn to the City Council within siXtY ( 60) days of receipt or the application unless an extension _s agreed to in writing by the =rcponent. . _' no recommendation is trarscitted by the Planning Cosmission with recormendation. in sixty (60) days, the City Council may take action without z Planning Cm-mission - B. Ctv Council Review, Nctice . Iubl; ^ nc andP.c'�cn. Upon r__e_vi hg tine - a.�__ng C=nissicn' s recc=eadatien or ar..__ Sza,.y (60) days from ___ receipt e- application - witbout'a Planning Cc=,_,ssien reconmendat_on, the City Council shall consider the a=plication. -...� The City Council sh-2.1 consider the advice of the Planning _- Cozzaission and shall --prove, disapprove or suggest me� i- - - cations to the PUD. -^-d'^='s• _`e City C•.zcil snail not -_-rove z =_D _less - Zz _s as follows: 1. The r posed cevelcpme t =s ^ - ^nS-Sta- in all respects c._thy— C-tv Compreansive 31an. - 2. where - sar_anoes aregreater -- with S•1r - _ e� mS`_-_ _ .. ,.._ atiai-;-v -.—:g _�.3 uses ..___ar_ts the^�grant'ng cf - 3 The ove_^.sp=ce gni= warrants the "Se cr rIID to gra- variances. _ 9 The Final Develc=mes ncantlc-fcrra. iinsti - _ with the a==roved oreIzMIL=a_-y Develcpme-t 31an. D. Devejepm=^t Acraa-, In tea evz-t c' a BLMD --:>> Deve_-tmett Plan _tprov 1, - C_v n t - _ _e _ Co+unci 1 saa__ __e__ .ro n. tJ n-_r a_ to •_ -'Develcpment Rgreem___ __. z Mannar so as to al cw _t^ - rg _:1 t. -- Co•1rSv mea_ ____ StaLeS - _ _ C--__e - _ha cz=f -' cps uc=n'whicR .. tea PUD was .roved. - The Cit9 'C�Lcil- s 1 ✓aSS 4 - - MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk cl RE: Appointment to Planning Commission DATE: July 1, 1987 Introduction On June 16, 1987 Council made the following nominations to fill the vacancy on the Planning Commission: Lee Stoltzman, Todd Schwartz, Jim Link and Terry Forbord. Recommendation Conduct election and make appointment to the Planning Commission. Recommended Action Move to appoint to the Planning Commission to fill the unexpired term expiring January 31, 1991. JSC/jms 1043 South Main Street Shakopee, Minnesota 55379 May 27, 1987 Shakopee City Council Dear CouncilMembers; I wish to express my interest in serving on the City of Shakopee's Planning Commission. Having been a resident of Shakopee since 1970, with an extensive back- ground in Real Estate, I am presently self-employed full time as a Real Estate Appraiser, my principal clients are financial institutions in Scott d Carver County, I don't feel there is any conflict of interest as the Rules of Professional Standards and Ethics prohibit me from being involved in that situation. I am a home owner, and also own rental property in our City, therefore my interest in the future of Shakopee and its stages of development are genuine. I sincerely believe my past experiences in real estate and the knowledge I've gained over the years would be an asset to the Com- mission, recently I resigned from the Shakopee Fire Department and feel the time is available to make this commitment. Please consider my appointment to the Planning Commission, I feel I can make a valuable contribution to the City. , Respectfully �Lrn�� 496-1838 Terry M. Forbord 2103 Bridge Crossing Shakopee, Minnesota 55379 June 18, 1987 RECEIVED Mayor Eldon Reinke and JUN 1 81987 Members of the City Council City of Shakopee 129 E. First Avenue CITY OF SHAKOPEE Shakopee, MN 55379 Dear Mayor Reinke and Members of the City Council: The purpose of this letter is to inform you and City staff of my interest in serving on the Planning Commission of the City of Shakopee. It is with great interest in the future growth and Dreservation of the integrity of our community that I respectfully seek the Council 's appointment of me to the Planning Commission. My wife Kathie and I have lived in Shakopee for two years and I have been employed locally for twelve years. I have worked in the community in residential real estate development, construction and sales Previously with River Valley Contractors, Inc. , The Laurent Companies and currently with The Scottland Companies. I believe citizen participation is an important aspect of integrated planning within the community and I would welcome an opportunity to contribute to the well-planned growth of Shakopee by an appointment to the Commission. During the past three years I have enjoyed serving the City and its citizens on the following committees: Downtown Redevelopment Ad Hoc Committee, Highway 1669 Bridge Siting Committee and the Citizens Advisory Committee for the new City Hall. I am fully aware of the dedication of time and consideration such an appointment merits and I an willing to commit whatever time and effort necessary to achieve the - --- - levels of excellence-recuired. -- -- I realize that a question may be asked about my being employed at The Scottland Companies. It would be my in=ent to abstain from any vote concerning The Scottland Companies or Canterbury Downs. When one reviews all of the land planning matters in the City each year and on each agenda, the frequency of matters related to those two -companies out � 01/ City of Shakopee June 18, 1987 Page 2 of the hundredsofit s reviewe , is very limited. I appreciate the opportunity to mit this application for your consideration and I am w' ling to provide any information or answer any qu stions. Sincerely, Terry M. Forbord C.C. John Anders , City Admin strator � OU/ City of Shakopee June 18, 1987 Page 2 of the hundredsofitems reviewed, is very limited. I appreciate the opportunity to submit this application for your consideration and I am willing to provide any information or answer any questions. Sincerely, Terry M. Forbord c.c. John Anderson, City Administrator a' PERSON Todd Raymond Schwartz - 1178 Tyler Street Shakopee,Mn 55379 445-4942 Since 6/84 saver, Colors o Date of Birth: 3/16/56 Height: 5'9" Weight: 185 Wife, Rathlean Ana Marital Status: MarrieedvApril Dependants: Brandon, Y+ Nearest Relative: Rodger M. and Marian L. Schwartz (Parents) 11317 Rich Circle Bloomington, Mn 55437 888-2410 Previous Address: -1019 ast 3rd Ave opdee, Mn55379 9/77 to 6184 i 819 South Main Street j Shakopee, Mn 55379 i 8/77 to 9/78 640 Gorman Street Apt. 314 Shakopee, Mn 55379 8/76 to 8/77 EDUCATION i 1 American Instittute of Banking MnMinneapolis, lied Banking Course of Study: App 1985 to present i-- Hennepin Technical Centers South Campus Eden Prairie, Hn computer C Studies Course of Study: omP . 1984-to 1985 - Hennepin Technical Centers South Campus is Edea Prairie, Mn gireFi hter I Course of Study: 8 Fire Science, 1984 to 1985 1 a- - EDUCATION CONT. Institute of Financial Educe 'on Chicago, Ill Course of Study: Teller Operati s, rtgage Len 1978 to 1979 Normandale Community College Bloomington, Mn 55431 Course of Study: Accounting, usiness dminstration 1976 Thomas Jefferson Senior h School Bloomington, Mn 55431 1971--to 1974 q EDUCATION CONT. Institute of Financial Education Chicago, Ill Course of Study: Teller Operations, Mortgage Lending 1978 to 1979 _ Normaudale Community College Bloomington, Mn 55431 Course of Study: Accounting, Business Adminstration 1976 Thomas Jefferson Senior High School Bloomington, No 55431 1971-to -1974 .::MO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Planning Commission Opening DATE: January 7, 1987 Lee Stoltzman called today to inform us that he is interested in serving on the Planning Commission. His job no longer requires him to travel and he would like to be considered for the opening on the Planning Comnision. MEMO TO: Mayor and Council FROM: Property Damage Claims Adjustment Subcommittee RE: Claim of Gene and Gwen Berg and Bill Weckman DATE: June 30, 1987. INTRODUCTION• The Shakopee City Council has appointed a Property Damage Claims Adjustment Subcommittee to deal with claims from property owners who are not satisfied after our insurance company has made its award. The two cases reviewed by the Committee on June 29, 1987 are both unusual claims. Present at the meeting were Steve Clay, Jerry Wampach, Dolores Lebens (filling in for Gloria Vierling) , Ray Ruuska, Jim Karkanen, John Anderson, Bill Weckman and Gene and Gwen Berg. CASE NO. 1: GENE AND GWEN BERG CLAIM The Bergs live at 1601 E. Shakopee Avenue. The Bergs have experienced three sewer backups in the last twelve years at this location. The City staff determined that the most recent backup occurred because we had missed one of two annual maintenance cycles scheduled for the sewer in their block. For this reason our insurance company paid the recent clean-up claim. The Bergs appeared before the Committee requesting that the City install a backup valve in their sewer line to avoid future sewer problems. The letter from the Bergs is attached with one of two estimates for the installation of a backflow preventing valve. Jim Karkanen described the maintenance practices in the area and the recent sewer backup. After Jim' s report the Committee began to seriously consider participating in the cost of the installation of the backflow valve. The Bergs were informed that backflow valves require a high degree of maintenance by the property owner if they are to operate effectively. The Bergs and the Committee also discussed the possibility of some type of alarm mechanism attached to the backflow valve, but concluded that it would be unlikely that such an alarm would be installed. Committee members then proposed that the City share on a 50/50 basis the estimated cost of the valve at $810. The Bergs indicated that there was nothing they could do to prevent another expensive sewer backup, and therefore, the City should share a higher portion of the cost of the backflow valve. Eventually the Committee decided on a 75/25 split because the Bergs have experienced three sewer backups in twelve years and they have the lowest private sewer service on this particular City sewer line. It was further agreed that the 75/25 split for installation of the backflow preventer would not be provided other homeowners in this block who had not experienced the same problem. 9� CASE NO. 2: BILL WECRMAN CLAIM Mr. Weckman lives at 1922 Davis Court and as submitted a claim of $656.41 for costs incurred in resolving h s sewer problem. In addition he is requesting either installati of a new section of sanitary sewer service or a warranty for th repair job done on his sewer service line. Mr. Weckman's sew r problems were caused by a contractor, Mr. Al Rybak, who was in alling a water service to an adjacent twin home then under con ruction. Mr. Rybak was operating with a standard City Street Cu Permit when he damaged Mr. Weckman's rivate sewer service i City right-of-way. The Street Cut Pe it is the key iss involving the City of Shakopee. Mr. W kman' s claim is att hed. Mr. Weckman has s mitted his clai for $656. 41 to the City's insurance carrier a d Mr. Rybak' s i urance carrier. The City's insurance carrier ound no negl gence on the City' s part and therefore paid nothin towards the claim. Mr. Rybak's insurance carrier paid one $5 . 50 claim ubstantiated by a receipt from I.J. Sewer Service. Weckm n is not satisfied with the reimbursement provided Mr. ybak' s insurance company, nor is he satisfied with the p sent epair job on his private sewer service. His concern is hat the sewer service may fail in the future and will become his a onsibility. Mr. Weckman feels that he was an uninvolved th d party who is at the mercy of the City which issued the Stre Cut Permit and Mr. Rybak who installed the water service at caused the problem. Mr. Weckman stressed that t e key i sue was that his service line was of a lesser quality tha it had een before it was damaged by Mr. Rybak. Ray Ruuska s ated that a repair job was completed by a licensed plumber, repaired wi h a procedure that is regularly accepted in th industry, an inspected by both he and LeRoy Houser. The issue rom Mr. Weckma 's view point is will this repair job provide he same level or ality of service that he enjoyed before the 1 ' a was broken. After considerable disc ssion the Committee a eed to investigate having the City provid Mr. Weckman a letter si ned by Mr. Houser and by Ray Ruuska Ovs!u ervisor, a registered engineer, indicating that the repair job et standard procedures an should provide the same quality sery ce that the balanceofth sewer service line wouldprovide. The City Administrator was 'nstructed to review the draft o such a letter with the A istant City Attorney. Mr. We kman was not completely satisfie with this alternative, but a Committee moved on to his laim for expenses. .. The Committee discussed the role the City played in issuing the Street Cut Permit and the role that Mr. Rybak played in actually damaging Mr. Weckman's line. After reviewing the facts behind the incident, Mr. Weckman reiterated that he felt that the City was responsible for the claim because it had permitted Mr. Rybak i 9� CASE NO. 2: BILL WEC%MAN CLAIM Mr. Weckman lives at 1922 Davis Court and has submitted a claim of $656 . 41 for costs incurred in resolving his sewer problem. In addition he is requesting either installation of a new section of sanitary sewer service or a warranty for the repair job done on his sewer service line. Mr. Weckman' s sewer problems were caused by a contractor, Mr. Al Rybak, who was installing a water service to an adjacent twin home then under construction. Mr. Rybak was operating with a standard City Street Cut Permit when he damaged Mr. Weckman' s private sewer service in City right-of-way. The Street Cut Permit is the key issue involving the City of Shakopee. Mr. Weckman ' s claim is attached. Mr. Weckman has submitted his claim for $656. 41 to the City' s insurance carrier and Mr. Rybak's insurance carrier. The City' s insurance carrier found no negligence on the City's part and therefore paid nothing towards the claim. Mr. Rybak' s insurance carrier paid one $56.50 claim substantiated by a receipt from I.J. Sewer Service. - Mr. Weckman is not satisfied with the reimbursement provided by Mr. Rybak's insurance company, nor is he satisfied with the present repair job on his private sewer service. His concern is that the sewer service may fail in the future and will become his responsibility. Mr. Weckman feels that he was an uninvolved third party who is at the mercy of the City which issued the Street Cut Permit and Mr. Rybak who installed the water service that caused the problem. Mr. Weckman stressed that the key issue was that his service line was of a lesser quality than it had been before it was damaged by Mr. Rybak. Ray Ruuska stated that the repair job was completed by a licensed plumber, repaired with a procedure that is regularly accepted in the industry, and inspected by both he and LeRoy Houser. The issue from Mr. Weckman' s view point is will this repair job provide the same level or quality of service that he enjoyed before the line was broken. After considerable discussion the Committee agreed to investigate having the City provide Mr. Weckman a letter signed by Mr. Houser and by Ray Ruuska ' s supervisor, a registered engineer, indicating that the repair job met standard procedures and should provide the same quality service that the -balance of the sewer service line would provide. The City Administrator was instructed to _ review the draft of such a letter with the Assistant City Attorney. Mr. Weckman was not completely satisfied with this alternative, but the Committee moved on to his claim for expenses. The Committee discussed the role the City played in issuing the Street Cut Permit and the role that Mr. Rybak played in actually damaging Mr. Weckman's line. After reviewing the facts behind the incident, Mr. Weckman reiterated that he felt that the City was responsible for the claim because it had permitted Mr. Rybak to enter into the public right-of-way where the damage occurred. The Committee discussed the long range implications of having the City become responsible for any damages to third parties when contractors are operating in the public right-of-way under a City permit. One suggestion was for the City to change its Street Cut Permit requirements which simply require an insurance policy to include requiring some sort of bond that could be drawn upon when claims are made. Under this approach the City would use the bond to pay the claimant or to make any necessary repairs. After discussing the pros and cons of this approach the Committee was unanimous in its feeling that Mr. Weckman pursue collecting his claim for expenses from Mr. Rybak. Mr. Weckman indicated that his only alternative was to seek compensation through the Court if the City took this position. The Committee empathized with Mr. Weckman, but felt that the City would have a much more difficult time collecting from Mr. Rybak than Mr. Weckman would have. The Committee members acknowledged that Mr. Weckman should take his claim to Small Claims Court and that they fully expected Mr. Weckman to name both Mr. Rybak and the City in the claim. The Committee was comfortable with the concept of allowing the Judge to decide how much of the claim was justifiable, and what portion should be paid by Mr. Rybak or by the City. ALTERNATIVES Case No. 1: Gene and Gwen Berg 1. Approve the Committee's recommendation to pay 758 of the cost of the installation of a backflow preventer upon receipt of a second estimate provided by the property owners. Procedurally the Bergs would pay for the installation and the City would reimburse them for 758 of the lower estimate. 2. Concur with the Committee's recommendation, but consider participating in the installation cost at a different percentage. The Committee considered a 50/50 split and a 60/40 split before arriving at the 75/25 split. This particular percentage was felt to apply strictly to the Bergs who have three backups in twelve years. 3. Reject the Committee' s recommendation to participate in the cost of installing a backflow preventer. This alternative would be appropriate if City Council wished to take the position that it will not participate in improvements to private service lines even when the improvements are being requested because of a poor sanitary sewer service maintenance record by the City. / b Case No. 2: Bill Weckman 1. Council can accept the Committee' s recommendation to provide Mr. Weckman with a letter signed by the Building Inspector and the City Engineer attesting to the adequacy of the repair on his p ivate sewer service. The purpose of this letter would be to provide Mr. Weckman with documentation th t the repair was deemed adequate. He can then pass t e letter on to future buyers. It is Rod Rrass ' s o inion that the letter only repeat the inspection events as they occurr and that the inspection in no way guarantees the wor performed by Mr. Rybak sh uld it fail before other por 'ons of the sewer servic fail. (Copy of letter att hed) 2. Direct City taff to require Rybak to take out a new Street Cut ermit and repa' the sewer service in a fashion that wo ld ensure th t the quality of the line was the same as i was befor he damaged it. 3. Take no specific action r arding Mr. Weckman's request since the repair job 't standard operating procedures for other repairs on s r services. 4. Concur with the Commi ee s recommendation to pay none of Mr. Weckman's cl I t encourage Mr. Weckman to pursue the claim to Concili tion Court (Small Claims Court) . 5. Reject the Commi tee 's positio on the sewer claim and pay all or a por on of the clai The City's practice on sewer backu claims is to fol l w our current policy of paying the claim if our insurance adjustor determines th t we have been ne igent. If the adjustordet ines that the City has not been negligent th the City has 'not paid un ss required to do so by Con filiation Court. RECOMMENDATION The Committee ecommends Alternative No. 1 in the ene and Gwen Berg case for he reasons listed above. The Committe recommends Alternative N . 1 and No. 4 in Case No. 2 involvi Mr. Bill Weckman for a reasons listed above. ACTION REQU STED 1. Direct the appropriate City Officials to reimburse Gene and Gwen Berg of 1601 East Shakopee Avenue for 758 of the installation of a backflow preventer after two plumbing estimates have been secured. Case No. 2: Bill Weckman 1. Council can accept the Committee' s recommendation to provide Mr. Weckman with a letter signed by the Building Inspector and the City Engineer attesting to the adequacy of the repair on his private sewer service. The purpose of this letter would be to provide Mr. Weckman with documentation that the repair was deemed adequate. He can then pass the letter on to future buyers. It is Rod Krass' s opinion that the letter only repeat the inspection events as they occurred and that the inspection in no way guarantees the work performed by Mr. Rybak should it fail before other portions of the sewer service fail. (Copy of letter attached) 2. Direct City staff to require Mr. Rybak to take out a new Street Cut Permit and repair the sewer service in a fashion that would ensure that the quality of the line was the same as it was before he damaged it. _ 3. Take no specific action regarding Mr. Weckman' s request since the repair job fits standard operating procedures for other repairs on sewer services . 4. Concur with the Committee ' s recommendation to pay none of Mr. Weckman' s claim, but encourage Mr. Weckman to pursue the claim to Conciliation Court (Small Claims Court) . 5. Reject the Committee ' s position on the sewer claim and pay all or a portion of the claim. The City' s practice on sewer backup claims is to follow our current policy of paying the claim if our insurance adjustor determines that we have been negligent. If the adjustor determines that the City has not been negligent then the City has 'not paid unless required to do so by Conciliation Court. RECOMMENDATION The Committee recommends Alternative No. 1 - in the Gene and Gwen Berg case for the reasons listed above. The Committee recommends Alternative No. 1 and No. 4 in Case No. 2 involving Mr. Bill- Weckman for the reasons listed above. ACTION REQUESTED 1. Direct the appropriate City Officials to reimburse Gene and Gwen Berg of 1601 East Shakopee Avenue for 758 of the installation of a backflow preventer after two plumbing estimates have been secured. 9h . 2. Direct the appropriate City Officials to provide a letter to Mr. Bill Weckman of 1922 Davis Court outlining the specific repairs made to his sewer service line and have the Building Inspector and City Engineer sign off on the letter. JKA:cah Attachments 9� MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Administration of the City' s Floodplain Ordinance DATE: July 1, 1987 Introduction• The Minnesota Department of Natural Resources is requiring the City of Shakopee to pass a resolution which requires compliance with our floodplain ordinance for any new building proposals at the Valleyfair site. Background• On March 18, 1987 the Department of Natural Resources had a meeting with the City of Shakopee to review the city' s floodplain management ordinance and enforcement of the ordinance by the City. On May 26, 1987 the City received a letter from the Department of Natural Resources outlining their concerns based on the March 18, 1987 meeting with the City. A copy of the letter is attached which outlines four concerns. Also attached is the response letter to the Department of Natural Resources from the City. The first concern listed within the Department of Natural Resources letter of May 26, 1987 requires the City to adopt a resolution insuring compliance with the floodplain ordinance for further building which may occur at the Valleyfair site. The attached resolution was prepared by the attorneys for Valleyfair and supplied to the City and a copy sent to the Department of Natural Resources. The attorney's feel that the resolution should not only address the construction of buildings at Valleyfair but also any building within the floodplain, therefore not singling out Valleyfair individually. Since we have not heard from the Department of Natural Resources with an indication that the attached resolution. does not comply with their request it is the staff' s recommendation that the City go ahead and approve the resolution. The staff feels that the resolution only affirms the practice that the City now is required to carry on in administering the ordinance and does not place any new requirements on the City. Action Requested: Move and approve resolution #2748 reaffirming the City of Shakopee ' s formal intent to adequately enforce the floodplain management regulations and to require compliance therewith for all new construction and substantial improvements whenever the -sites of such new construction and substantial improvements are within the flood hazard area.. 23R0£E£R, GEER, FL£TCAER SL LeFOi.'v WcaJwn u.a.Oie.ua. Jos+n.aRosaaR a,naan rw.ca Lowo L6Y2a5 Z-O WalLi LZ�R AON4D A.SLC SCBLA A{LO8NLT8�T LM BCNTSCA nI<8LZ LYTOND RODlw S.YcaRLR HIaJI.LBICa {RLO LTAO MDRTpLBLZTL a00 aLRHYu J.aYVniw RODC�OJ.AJO H INNEAPo21518L001AINGTONI MITTS SOTA 536d'O We L.Ta 6TLA Tpi{pgONp IOIYI L%-6283 RECEIVED June 8, 1987 JUN - 91987 CITY OF SHAKOPEE The Honorable Eldon Reinke Mayor, City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 ATTN: Douglas Wise, City Planner RE: National Flood Insurance rogram as Applied to Valleyf it Dear Mayor Reinke: On behalf of ou client, alleyfair Family Amusement Park, we are writing in r ponse o the letter of May 26 , 1987, - you received from Ron Harna k, ministrator of the Land Use Section of the Minnesota Dep r ent of Natural Resources (DNR) . As related to Valleyfair, ite (1) and (2) of that letter state that the City of Shakopee mu ass a resolution requiring compliance with its flood m ag ent ordinance and must submit information concerning the s-bui t elevations of all structures built at Valleyfair after ovember 982. To facilitate y ur response o DNR, Valleyfair will sub- mit the data required b item (2� to ur office by July 15, 1987 . This should giv the City ample eeway for meeting the July 31, 1987 , deadli set by Mr. Harna in his letter. As for its (1) , inasmuch as the ' ty of Shakopee is required under the ational Flood Insurancerogram to enforce its flood managem t ordinance consistently a regards all public and private prope ty within the community, and not just with regard to Valleyf ir, we would propose use of t e enclosed draft resolution that states the City' s formal intent enforce the regulations adequately throughout the community. he language of this draft resolution necessarily includes Valleyf it without singling it out. It is our opinion that such language is - sufficient for the purposes of DNR and meets the requirements of item (1) of Mr. Harnack' s letter. J3RO£%E R, GE£R. FI-ETCHER Sc LaFO= n Mcticns v�waaz.aa. vnmo ,..xuv z ca.wzss .azen _ cunen non.vo n.Tvzxnen Arrol02zs.r Lw v.oznnn wCZX„ryv�ro�"^ nmrw e an.unuz sew nzrno aE,vz.nzsre noo HITT2<FOI.IS IELOOMINOrOIT 1 MENNE602a 3.fnO y���^ v.Tesrnw rzvzrnaN= .n,nl 6�.-fine= RECEIVED June 8, 1987 JUN — 91981 CITY OF SHAKOPEE The Honorable Eldon Reinke Mayor, City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 ATTN: Douglas Wise, City Planner RE: National Flood Insurance Program as Applied to Valleyfair Dear Mayor Reinke: On behalf of our client, Valleyfair Family Amusement Park, we are writing in response to the letter of May 26 , 1987 , you received from Ron Harnack, Administrator of the Land Use Section of the Minnesota Department of Natural Resources (DNR) . As related to Valleyfair , items (1) and (2) of that letter state that the City of Shakopee must pass a resolution requiring comoliance with its flood management ordinance and must submit information concerning the as-built elevations of all structures built at Valleyfair after November 1982. To facilitate your response to DNR, Valleyfair will sub- mit the data required by item (2) to your office by July 15 , 1987 . This should give the City ample leeway for meeting the July 31, 1987 , deadline set by Mr. Harnack. in his As for item (1) , inasmuch as the City of Shakopee is required under the National Flood Insurance Program to enforce its flood management ordinance consistently as regards all public and private property within the community, and not just with regard to Valleyfair , we would propose use of the enclosed draft resolution that states the City' s formal intent to enforce the regulations adequately throughout the community. The language of this draft resolution necessarily includes Valleyfair without singling it out. it is our opinion that such language is sufficient for the purposes of DNR and meets e requirements of the item (1) of Mr . Harnack' s letter . The Honorable Eldon Reinke June 8, 1987 Page 2 / Valley air will continue to cooperate with the City in this matter to the mutual benefit of both. Please feel free to contact us if you have any questions concerning this letter or if we can be of further service to you. Thank you. Very truly yours, Frances ✓ f Frances L. Long / FLL:kmt File 5986 Cc: Walter R. Wittmer Rod Kress Ron Harnack LeRoy Houser STATE OF I. A u`�arMZOUQ DEPARTMENT OF NATURAL RESOURCES BOx , 500 LAFAYcTic ROAD 5T. PAUL, MINNESOTA 55155-40 DNR INFORMATION - (61 2) 2964IS7 May 26, 1987 1 hAY ?7 1987 The Honorable Eldon Reinke Mayor, City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Attention: Doug Wise, P1 nner Dear Mayor Reinke: - COWUNITY ASSESSMENT VISIT, 'ATIONAL FLOOD 'SURANCE PROGRAM - On March 18, 1987 Bruce Sands om of my s- ff met with several of the City of Shakopee's staff to review the ity's fl d plain management enforcement and administration procedures. The eating, called a Community Assessment Visit (CAV) , was conducted in behalf OT the F deral Emergency Management Agency (FEMA) pursuant to a contract between tha ag ncy and the Department of Natural Resources. As a result of the meeting, potenti serious deficiencies were noted with respect to the application of flood pla zoning controls at Valley Fair, Inc. It was also noted that a few minor ordin ce revisions need to be adopted to remain compliant with National F1 d Insur ce Program (NFIP) regulations. Since the Valley Fair situation s the most s rious problem, i will address this issue first. The city staff present explai d that the flood p in ordinance was not being enforced at Valley Fair beta a of a 1985' amenamen� to the State Flood Plain Management Act which exempte existing seasonal amus ent parks from the law (See M.S. § 104.03, Subd. 2 ). Consequently, the cit has since not been requiring the elevation or ,lood proofing of any struct res built on the Valley Fair site. The law hOweV , does not exempt accessory a principle structures in Valley Fair from Teter 1 laws and regulations. Furthe based upod my discussion with a key au nor t' this legislation, the- inten c-. the law was not to exempt structures su ject to flood damage from M.S. Chapt 104, DNR Rules, etc. Only the rides a ticket boothes were intended to be e pt from the law. This was fully unders od by all parties involved and accepted s the intent so as to maintain the Ci y s eligibility in th=_ National Flood Insu nce Program. FZMA has advised me that the city must now initiate measures to satisfy the - following items: 1) The city must pass a resolution to require compliance with your ordinance Tor any new building proposals at the Valley Fair site until such time as : - - - '-- the site is removed from :a flood hazard 'desianation 'by- the MDKR-and-FEMA The Valley Fair property can only be desicnated .as cnon-flood prone•at such !I• :+ time the dike is certified as compliant with FEMA and -MDNR dike ` - .eaulations. AN EQUAL OPPORTUNrry 'cMPLOI'ER—.. S�nITATEE OF uV.�2J��Q t' L-� DEPARTMENT OF NATURAL RESOURCES BOX . 500 LAFAY—=i= ROAD Si. RAU_ MINNESOTA 55155-40_ DNR INFORMATION 1612) 296-6157 May 26, 19E7 - I�AY ?i 1987 The Honorable Eldon Reinke Mayor, City of Shakopee 129 E. ist Avenue Shakopee, MN 55379 Attention: Doug Wise, Planner Dear Mayor Reinke: - COMMUNITY ASSESSMENT VISIT, NATIONAL FLOOD INSURANCE PROGRAM On March 18, 1967 Bruce Sandstrom of my staff met with several of the City of Shakopee's staff to review the city's flood plain management enforcement and administration proceaures. The meeting, called a Community Assessment Visit (CAV), was conducted in behalf of the Federal emergency Management Agency (FF14A) pursuant to a contract between that agency and the Department of Natural Resources. As a result of the meeting, potentially serious deficiencies were noted with respect to the application of flood plain zoning controls at Valley Fair, Inc. It was also noted that a few minor ordinance revisions need to be adopted to remain conryliant with National Flood Insurance Program (NFIP) regulations. Since the Valley Fair situation is the most serious problem, i will address this issue first. The city staff present explained that the flood plain ordinance was not being enforced at Valley Fair because of a 19E5' amendment to the State Flood Plain Management Act which exempted existing seasonal amusement parks from the law (See M.S. 4 104.03, SDDd. 2a). Conseouentiy, the city has since not been requiring the elevation or flood proofing of any structures built on t'na Valley Fair site. The law however, does not exempt accessory and principle structures in Valley Fair from feceral laws and regulations. Further based upc- my discussion with a key Kutner Of this legislation, the intent c. the law was not to exempt structures subject to flood da.ace from R.S. Chapter 104, DNR Rules, etc. Only the rides and ticket boothes war- intended to be exemDt from the law. This was fully understood by all D=_^ties involved and accented as the intent so as to maintain the City's elicibility in the National Flood insurance Program... F01A has advised me that the city must now initiate measures to satisfy the - following items: - 1) The city must Dass a resolution to reouire compliance with your ordinance for any new building proposals at the Valley Fair site until such time as -- ' . . ......_ ._ the size is removed a mom :a flood des la naticn:by--tne 'h;Ct:R and —_A'n- ' � - °----- •-• - The Valley Fair property can only be'dnicnated as non-flood DroneatSuch - Olt- 'lime the dike is certified as compliant with FEt4N and MDNP• dike_ - - - rsv:aati0ns. AN EOUA! O??OBTUNfTY -cM?L01=2-_' - -- Mayor Reinke i✓ Page Two 2) The city must submit to FEMA through my office certification of the as-built elevations of all structures built at the Valley Fair facility after November 18, 1962. On November 18, 1982 was the date that FEMA last visited Shakopee for the purpose of evaluation of compliance with the NFIP. On that date the city's program was determined to be compliant. I suggest that a site plan map also be submitted which shows the location of all structures which need certification in accordance with Shakopee's Ordinance No. 14, Subd. 10, B-5 and B-6. You recall that I earlier made reference to the minor ordinance revisions which need to be adopted. The following items related to the specific necessary ordinance changes: 3) Section 11.60, Subd. 5, B, B-1. The last part of the sentence which reads: ..."provided that the residence is flood proofed in accordance with the State Building Code" must be deleted in its entirety. Add the following sentence: "Flood proofed basements below the regulatory flood protection elevation are not a permissible use. 4) Section 11.60, Subd. 9, B. must be amended by adding the following: "(5) The first floor of the manufactured housing unit is elevated to at or above the regulatory flood protection elevation." I request that by June 15, 1987 you submit a letter to me outlining a time table as to when the above items will be accomplished. FEMA requires that a deadline be established for bringing a community into total compliance with NFIP regulations when violations such as those above are identified. Accordingly, I must insist that items 1 through 4 be accomplished by July 31, 1987 unless you can demonstrate that this is unreasonable. Please understand that item 2 will only document the number of and degree of non-compliance of those structures which' the city has authorized to be constructed at Valley Fair. Follow up mitigation/enforcement efforts to rectify any documented violations will undoubtly be necessary. For structures found to be in violation, options are available to dea] with them individually or as a group. Below are several potential enforcement options which could be imposed: A) The city could file a declaration of non-compliance with FEMA and reouest that FEKA deny flood insurance availability to them. S) The city could reauire Valley Fair to elevate or othervrise flood proof non-compliant structures to the degree feasible and practical . FEMA would then actuarially rate any structures which are now improperly rated. (Flood insurance rates for structures built after the effective date of Shakopees Flood Insurance Rate Maps (FIRM'S) -must be based on as-built elevations. Rates are generally quite high for those structures built too low). Mayor Reinke Page Three Failure to comply with the above items could result in rious consequences. Initially FEMA could place Shakopee on a one year of p bation with respect to the NFIP. If compliance is not achieved during that eriod of time, tull suspension from the NFIP would follow. When a community is placed on probation, all ezi ing flood insurance policies are charged a $25.00 surchar9 While that is t alone a severe hardship, suspension is. Under a susp nsion scenario, new policies could be issued and those up for renewal can not a renewed. If aintenance of flood insurance on a structure is a condition of a loan or mortg ge, the lender could demand payment of the full principal due at time tha the flood insurance is no longer available. Also, the City and s resid is would not be eligible for certain types of federal disaster assist ce, 1 ans or grants if a Presidential Disaster were declared. During the meeting, claims were mad hat the DNR approved the construction of the Valley Fair dike. According a etter dated October 16,. 1973,. former Assistant Commissioner Chelseth prove Valley Fair's proposed dike constructed to elevation 724.5. Unfortuna y, the ike was never constructed to that elevation. We would probably of have to a dealing with the current situation if the dike had been properl constructed. If it had, it appears that both FEMA and the DNR could possibly ertify the dike providing sufficient flood-proofing for the Va ey Fair facilities. I know that you will ve questions and want to di uss these matters in greater detail . Please call a or Bruce Sandstrom at 296-48 when you or your staff are ready to arrang a meeting. Sincerely, ona inistrator Land Use Section ES:fw cc: Jeanne Millin; FEMA Kent Lokkesmoe Mike Mueller Mayor Reinke Page Three Failure to comply with the above items could result in serious consequences. Initially FEMA could place Shakopee on a one year of probation with respect to the NFIP. If compliance is not achieved during that period of time, full suspension from the NFIP would follow. When a community is placed on probation, all existing flood insurance policies � are cnarged a 525.00 surcharge. While that is not alone a severe hardship, suspension is. Under a suspension scenario, no new policies could be issued and those up for renewal can not be renewed. If maintenance of flood insurance on a structure is a condition of a loan or mortgage, the lender could demand payment of the full Drincipal due at the time that the flood insurance is no longer available. Also, the City and its residents would not be elicible for certain types of federal disaster assistance, loans or grants if a Presidential Disaster were declared. During the meeting, claims were made that the DNR approved the construction of the Valley Fair dike. According to a letter dated October 16, 1973, former Assistant Commissioner Chelseth approved Valley Fair's proposed dike constructed to elevation 724.5. Unfortunately, the dike was never constructed to that elevation. We would probably not have to be dealing with the current situation if the dike had been properly constructed. If it had, it appears that both FEMA and the DNR could possibly certify the dike as providing sufficient flood-proofing for the Valley Fair facilities. I know that you will have questions and want to discuss these matters in oreater detail. Please call me or Bruce Sandstrom at 296-4800 when you or your staff are ready to arrange a meeting. Sincerely, 4y�� n karna2k/ gmrnistrator - Land Use Section ES:fw 3eanne Millin; FEMA Kent Lokkesmoe Mike Mueller - CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE.SHAKOPEE, MINNESOTA 553794376 (612)4453656 u� , June 11, 1987 Mr. Ron Harnack V Administrator Land Use Section Minnesota Department of Natural Resources 500 Layfette Road St. Paul, Mn 55155 Dear Mr. Harnack: This letter is in response to your letter dated May 26, 1987 regarding the community assessment visit for the National Flood Insurance Program made to theCityof Shakopee by your staff. In your letter of May 26th you indicated four areas of concern on the part of DNR. These areas of concerns and ourresponseto each is listed "below: - 1) The City must pass a resolution to require compliance with your ordinance for any new building proposals at the Valleyfair site until such time as the site is removed from a flood hazard designation by the MDNR and FEMA. Please find attached a copy of a resolution which will come before the Shakopee City Council at their first meeting in July. Please review this resolution and inform us as soon as Dossible if it does not comply with the above requirement. If we do not hear from you we will proceed with adoption of this resolution assuming that it complies your request. 2) The City must submit to FEMA through my office certification of the asbuilt elevations of all structures built at the Valleyfair facility after November 18, 1982. We have requested from Valleyfair the information necessary to comply with this request. Valleyfair has indicated to us that they will submit this information to us by July 15, 1987. The City will then review this information for completeness and submit it to the DNR by July 30, 1987. 3) Amend the City Floodplain Ordinance to delete the provision allowing for the flood proofing of basements within the flood Digin area. Add the provision that -flood proc£ed basements below the regulatory flood protection elevation are not a permissable use. we will amend Section 11.39, Subd. 3 3 1 of the City Code as indicated above. The City is anticipating a number of amendments to the City Zoning Code later this summer and would like to include this amendment with those changes. Final adoption of this amendment will be completed by fall o£ 1987. The Heart of Progress Valley I ?C, 4) The City must amend it' s £loo plain ordinance to include the following provision : 'The firs floor of the manufactured housing unit is elevated to or above the regulatory flood protection elevation. " The City will nd it' s lood plain ordinance to include the above provision w h th amendments anticipated later this summer. I hope that the above formation wi11 answer your concerns regarding the City' s Flo pl in Ordinance and it' s enforcement. If you have any further esti s please feel free to contact me at 445-3650. Sincerely, k_ Douglas K. Wise City Planner Attachment DKW:trw 9C, 4 ) The City must amend it' s flood plain ordinance to include the following provision : 'The first floor of the manufactured housing unit is elevated to at or above the regulatory flood protection elevation. " The City will amend it' s flood plain ordinance to include the above provision with the amendments anticipated later this summer. I hope that the above information will answer your concerns regarding the City' s Floodplain Ordinance and it' s enforcement. If you have any further questions please feel free to contact me at 445-3650. Sincerely, Douglas K. Wise City Planner Attachment DKW:trw RESOLUTION NO. C' A RESOLUTION REQUIRING COMPLIANCE BY ALL NEW BUILDING PROPOSALS WITH FLOOD PLAIN MANAGEMENT REGULATIONS AS REQUIRED BY THE NATIONAL FLOOD INSURANCE PROGRAM.. WHEREAS, the City of Shakopee participates in the National Flood Insurance Program for the benefit of the com- munity; and WHEREAS, by its participation, the City of Shakopee is required to enforce its flood plain management regulations as set forth in Chapter 11, section 11.34 , of the Shakopee City Code, and adopted in compliance with the requirements of the National Flood Insurance Program as set forth in Title 44 of the Federal Code of Regulations, Part 59 , Subpart B. NOW, THEREFORE BE IT RESOLVED that the Shakopee City Council reaffirms its formal intent to adequately enforce the floodplain management regulations and to require compliance therewith for all new construction and substantial imnrovements whenever the sizes of such new construction or substantial - improvements are within the 'load hazard area of the community as designated by the Minnesota Department of Natural Resources and the Federal Emergency Management Agency. /q/l1y)d1 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: League of Minnesota Cities Memo on Recent U.S. Supreme Court Decision DATE: June 26, 1987 Introduction• Early this month the U.S. Supreme Court handed down a landmark decision on zoning. The decision is entitled First English Evangelical Lutheran Church of Glendale v. County of Los Angeles. Background: Early this month the United States Supreme Court rendered a zoning decision which relates to the subject of compensable takings. Subsequent to that decision I made a recommendation to the City Council that they not honor the Planning Commission' s request to enact a moratorium on the development of the Starwood Music Center pending a study on the, potential impact of the music center on future industrial growth in the community. The City Council agreed with my recommendation and did not take action to implement an interim zoning ordinance (moratorium) . The attached memo from the League of Minnesota Cities expands on the potential impact of this decision and also makes a recommendation as to actions that Minnesota Cities can take in order to limit their legal exposure as a result of this decision. Recommendation: Consistent with the comments in the memo it is recommended that the Shakopee Zoning Ordinance be reviewed to determine whether all of the regulations contained therein are important enough to justify the cost of defending the ordinance against damage claims or of actually having to pay these claims as a result of the Lutheran Church v. Los Angeles decision. It is suggested that Assistant City Attorney Rod Krass be retained to review the Shakopee Zoning Ordinance to identify potential problems and that this be followed up by a staff review in greater detail as to making recommendations on possible changes to the zoning ordinance. Action Requested: Move to retain Rod Krass to conduct a review of the Shakopee Zoning Ordinance and point out potential problem areas in light of the Lutheran Church v. County of Los Angeles Supreme Court decision and also direct the Community Development staff to work with Mr. Krass on identifying potential amendments to the Shakopee Zoning Ordinance so as to limit the City' s liability in this area. hill -:--1)D) JUN 2 a 1987 1111 Ili'Ililt CITY OF SHAKC)PH U league of minnesota cities June 23, 1987 To: Mayors, Managers and Clerks From: Thomas L. Grundhoefer, Staff Attorney Re: Advisory on Recent U.S. Supreme Court Case Affecting Municipal Zoning Practices Cities have new reason to think carefully about municipal regulations, especially those involving zoning and building matters. Care should be taken to be sure that regulations are important enough to justify the cost of defending against damage claims likely to be encouraged by the case summarized below. It would be better to make an evaluation of your ordinances now and eliminate those that are not worth defending, than to change city regulations in the face of law suits to be expected in the future. On June 7 , 1987 the U.S. Supreme Court ruled that the U.S. Constitution requires that a property owner be compensated for economic losses incurred during the period of time in which a law or regulation, later found to be an unconstitutional taking is in effect. Prior to the decision, municipalities could repeal the invalid regulation and not have to pay compensation for the period during which the regulation was in effect. The case, First Enqlish Evangelical Lutheran Church of Glendale v. County of Los Angeles 55 L.W. 4781, involved a challenge by a church to an interim county ordinance prohibiting construction of any new building within a flood plain area. When the church was denied the right to build in the flood protection area, it sued and sought damages for the period of time during which it was denied the right to build. The Court reasoned that temporary takings which, as here, deny a landowner all use of his property, are not different in kind from permanent takings, for which the constitution clearly requires compensation. The Court also found no rationale for distinguishing between regulatory takings and formal physical takings. The Court's decision is based on a judicial assumption that the ordinance denied the church all use of its property for a considerable period of years, and they held that "invalidation of the ordinance without payment of fair value for the use of the property during this period of time would be constitutionally insufficient. " 1 B3 university avenue east. st. paul, minnesota 55101 (B 1 2) 227-5600 In terms of analyzing the potential impact of the case on future land use planning or other regulatory practices, it is important to recognize what the case does not stand for . The case does not stand for the proposition that all interim or permanent flood plain ordinances constitute a taking of property requiring compensation, nor does it establish a standard that would indicate when a regulation results in a taking . To the contrary , the Court acknowledges that the the county might avoid the conclusion that a compensable taking had occurred by establishing the denial of use was insulated as part of the States authority to enact safety regulations. Further, the Court stated mere fluctuations in value during the process of governmental decision making, absent extraordinary delay, are incidents of ownership and consequently, not a taking. Finally, the Court stated, "we limit our holding to the facts presented, and of course do not deal with the quite different questions that would arise in the case of normal delays in obtaining building permits, changes in zoning ordinances, variances, and the like which are not before us today. " The three dissenting justices stated that their major objection to the majority's holding is that the decision fails to establish a workable standard for distinguishing between everyday regulatory inconveniences and those so severe that they constitute a taking. _ They also have trouble working with the majority' s distinction between non-compensable "normal delays" and delays that rise to the level of a taking. - The dissent suggests that the test for regulatory takings requires an inquiry into the duration of the restriction as well as its scope and severity. The dissent simply sees the need to provide a workable standard, a standard that is so conspicuously absent from the majority opinion. What Should Cities Do? Cities as always should make make findings to demonstrate that their decisions are supported b pp y legitimate health, safety and welfare concerns. Zoning and other regulations should continue to be reviewed to assure that they do not deny landowners all reasonable use of their property.�, Caution should be exercised to be sure that regulations are important enough to justify the cost of defending against potential claims likely to be generatedbythe decision. On those rare occasions when a city adopts regulations prohibiting all construction, the city should make t sure that such regulations are founded on sound public safety IF concerns. Finally, the decision seems to say that cities are protected from allegations based on normal delays in the planning . process. In this regard, care should be taken to make sure that regulatory and planning activities do not become dilatory. C. l�- In terms of analyzing the potential impact of the case on future land use planning or other regulatory practices, it is important to recognize what the case does not stand for. The case does not stand for the proposition that all interim or permanent flood Plain ordinances constitute a taking of property requiring compensation, nor does it establish a standard that would indicate when a regulation results in a taking . To the contrary, the Court acknowledges that the the county might avoid the conclusion that a compensable taking had occurred by establishing the denial of use was insulated as part of the States authority to enact safety regulations. Further , the Court stated mere fluctuations in value during the process of governmental decision making, absent extraordinary delay, are incidents of ownership and consequently, not a taking. Finally, the Court stated, "we limit our holding to the facts presented, and of course do not deal with the quite different questions that would arise in the case of normal delays in obtaining building permits, changes in zoning ordinances, variances, and the like which are not before us today. " The three dissenting justices stated that their major objection to the majority's holding is that the decision fails to establish a workable standard for distinguishing between everyday regulatory inconveniences and those so severe that they constitute a taking . They also have trouble working with the majority' s distinction between non—compensable "normal delays" and delays that rise to the level of a taking. . The dissent suggests that the test for regulatory takings requires an inquiry into the duration of the restriction as well as its scope and severity. The dissent simply sees the need to provide a workable standard, a standard that is so conspicuously absent from the majority opinion. What Should Cities Do? Cities as always should make make findings to demonstrate that their decisions are supported by legitimate health, safety and welfare concerns. Zoning and other regulations should continue to be reviewed to assure that they do not deny landowners all reasonable use of their property.. Caution should be exercised to be sure that regulations are important enough to justify the cost of defending against potential claims likely to be generated by the decision. On those rare occasions when a city adopts regulations prohibiting all construction, the city should make sure that such regulations are founded on sound public safety concerns. Finally, the decision seems to say that cities are protected from allegations based on normal delays in the planning . process. In this regard, care should be taken to make sure that regulatory and planning activities do not become dilatory. MEMO TO: Mayor and City Council FROM: Tom Brownell, Chief of Police RE: 15 Minute Parking Zone DATE: June 29, 1987 Introduction An unauthorized truck loading zone has appeared along side Lathrop Paint Supply Co. on Lewis Street. Background A truck loading zone has appeared on the Lewis Street side of Lathrop Paint Supply and extends south from First Avenue. Staff feels there is a need for limited parking at this location for the frequent loading and unloading of products related to this business and for the VFW bottle trucks that cannot unload from First Avenue, considering volume and weight of the product. We have discussed the truck loading zone with the owners of Lathrop Paint and the VFW and the possibility of a 15 minute parking zone. Recommendation Authorize a 15 minute parking zone (not a truck loading zone) on the west side of Lewis Street extending thirty-five feet south of East First Avenue. Action Requested Authorize the Chief of Police to establish and properly post a 15 minute parking zone on the west side of Lewis Street extending thirty-five feet south of East First Avenue. TB/jms /f MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Hiring a Receptionist/Typist DATE: July 1, 1987 Introduction On June 16 , 1987 Council authorized filling the Receptionist/Typist position which was recently vacated by the resignation of Pennie Schlechter. Background Staff has advertised for this position in accordance with the procedures set forth in the Personnel Policy. Thirty-two applications were received. After initial screening, four applicants were interviewed by the City Clerk and Marilyn Ramer, the Personnel Coordinator. Based on ten years of previous experience in customer service and secretary/receptionist positions, staff is recommending that Council appoint Tamara Vidmar (resume attached) to the position of Receptionist/Typist at the rate of $5.94 per hour ($12,351/year) effective July 13 , 1987. The applicant is currently unemployed and is available to begin work on July 13, 1987. Staff is also recommending that the applicant be granted a six monthservice credit for previous experience. This would make the applicant eligible for a step increase after six months as opposed to one year. Alternatives 1. Hire Tamara Vidmar. 2. Select another applicant. 3. Readvertise. 4. Do not fill position. Recommendation Alternative No. 1. Recommended Action Appoint Tamara Vidmar to the position of Receptionist/Typist at Sten One of the 1987 Pay Plan ($12,351/year) effective July 13, 1987 with a six month service credit. JSC/jms �- /�25rlmG of �Ctmai'4 1/�a`m ar %5 rc�'a�nec� �ac men - S�Pgra�cy us P�;✓4fc ���q Memo To: John K. Anderson, City Administrator From: Marilyn M. Ramer, Personnel Coordinator Re: Recording Secretary Employment Agreement Date: June 29, 1987 Information Attached is an employment agreement between the City of Shakopee and Monica May, newly hired Recording Secretary. Background In the past, this position was compensated as Professional Services with no payroll withholdings. A Federal law requiring mandatory medicare coverage for new hires was passed in 1986, therefore in order to comply, this individual must be processed thru the payroll system. Action Reauested Authorize staff to enter into an employment agreement with Monica May, at the hourly pay rate of $7.00 effective July 7, 1987. III EMPLOYMENT AGREEMENT �1 y Under the terms of this agreement, M nice May is hereby contracted as partti Recording Secret y for the City of Shakopee effective Ju 7, 1987. Employee shall be p id on a hourly asis @ $7.00/hr. for the attendance and subsequen transcribi g of minutes of the City Council and Planning Commis "on meet' gs. Applicable taxes shall be withheld in compliance wit Stat and Federal Statutes. No benefits shall accrue. In witness, where of, he arties have executed this Agreement at Shakopee, Mime to on he day of July, 1987. EMPLOYEE EMPLO Mayor City Clerk City Administrator EMPLOYMENT AGREEMENT Y Under the terms of this agreement, Monica May is hereby :J contracted as parttime Recording Secretary for the City of Shakopee effective July 7, 1987. Employee shall be paid on a hourly basis @ $7.00/hr. for the attendance and subsequent transcribing of minutes of the City Council and Planning Commission meetings. Applicable taxes shall be withheld in compliance with State and Federal Statutes. No benefits shall accrue. In witness, where of, the parties have executed this Agreement at Shakopee, Minnesota on the day of July, 1987. EMPLOYEE EMPLOYER Mayor City Clerk City Administrator Immediate Family _.. Shall .mean mother, father, husband, wife, son, daughter, brother, sister, or grandparent of the employee or spouse. Part-Time Employee - - - An employee scheduled to fill a part-time position with an on-going regular work week of less than forty (40) hours. Permanent Employee - Shall mean an employee who is .appointed to - a permanent position _. after effective completion ofa- probationary period. Position - - - Shall mean a specific employment, calling for the performance of certain duties and carrying of certain responsibilities of one individual_ Probationary Employee - - Shall mean an employee originally appointed to a permanent full-time or part-time position . subject to probationary period. . Temporary Employee - An employeewho is :appointed on a temporary basis, either full or part-time, for a' continuous period of time not to exceed one - vear. V/'C'ohtracted Employee- An employee who does not. fall into categories of permanent or temporary employeesand hasnegotiatedunique terms of employment as outlined in a separate contract -approved by the City Council; or any employee who has :negotiated aseparate employment contract approved by -the -City Council. :Any terms of employment not specifically addressed by the contract shall be covered by they termsof the Personnel Policy. - SECTION 4. APPOINTMENTS: Subdivision 1. General - - Every appointment to municipal service shall - be made by the City Council on the basis o£ merit and fitness for the . position. It - shall be the intent to fill vacancies by promotion whenever practi- cable. When required by law or by the City Council, merit and fitness shall be ascertained by written, oral, or other'-examinations designed to evaluate the ability of the candidate- to discharge the position forwhichthe examination is held. A physical examination may be -required _by the City Administrator for any position. .- 2 -- 9h MEMO TO: John K. Anderson, City Administrator Cent FROM: Ray G. Ruuska, Engineering Coordinator SUBJECT: Eaglewood Project Semi-Final Estimate DATE: July 1 , 1987 INTRODUCTION: Attached is the Semi-Final estimate for the Eaglewood Project. BACKGROUND: The Contractor on this project has recently completed clean-up work. This estimate releases retainage on this project which was substantially complete in 1986 . ACTION REQUESTED: City Council approval to make payment of $6 ,474 . 17 to S .M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, MN 55379 for the 1985-2 Eaglewood Street Rehabilitation Project. RR/pmp SEMI-FINAL PARTIAL ESTIHATE VOUCHER Contract No. 1985-2 Partial Estimate Voucher No. 8 Period Ending: May -i1 . 1987 TO: ContractorS.M. Address Project Description 1. Original Contract Amount $ 151 -g41.7� 2. Change Order No. �_ Thru No. — $ 17.200.00 Supplemental Contract No. 1 $ 24,774.65 Supplemental Contract No. 2 $ 47.908.60 3. Total Funds Encumbered $ 241 824.98 4. Value of Work Completed $-226.865 Value of Work Retaining 5_ 0 Percent Retainage $ - 6. Previous Payments $ 4 Percent Complete 7. Deductions or Charges $ — 8. Total $ 4 100S Payment Due (Line 4 - 8) $ 6. 474. 17 CERTMCATE OF PAYILvNT 6 y 5 19 . 5 it 9 . '-1 1 (I, We) hereby agree that the quantity and value of work sh herein is a fair estimate of the work/caqpketed to date. CONTRA BY TI1LE , APPROVED - C= OF SHAKOPEE - Project�En _. .- --- ' ! Date .. �I City Admini$�tr4tor - _c l Date' ------ SEMI-FINAL J PARTIAL ESTIMATE VOUCHER Contract No. 1985-2 Partial Estimate Voucher No. 8— Period Ending: May 21 . 1987 TO: Contractor S.M. Henctes 6 Sons Inc. Address P.O. Boa 212 Shakopee, MN 55279 Project Description Eagllewood Street Renabi7itation/Deeryiew 1 . Original Contract Amount. $ 151 .941.72 2. Change Order No. I_ Thru No. — $ 17 200.00 Supplemental Contract No. 1 $ 24.774.65 Supplemental Contract No. 2 $ 47.908.60 3. Total Funds Encumbered $ 241 .824.98 4. Value of Work Completed $-226,865. 57 _ . _ Value of Work Remaining 5, 0 Percent Retainage $ -0- -0- 6. Previous Payments $ 220.291.40 Percent Complete 7. Deductions or urges $ — 100% 8. Total $ 220.291 .40 Payment Due (Line 4 - 8) $ 6, 474. 17 CERTIFICATE OF a. y 5 1 q . (I, We) hereby agree that the quantity and value of work sham herein is a fair estimate of the workomp ted to date. CONTRACTOR BY &I `J TITLE -711.1 APPROVED - CITY OF SHAKOPEE - ProjectEngi _. - -- Date .. City Admini4trktcr _ . - w if ------ -------------------------------------- --- s --- ------------------------------------------ i P zn e ° 'a een r •qr 001 D S q O C w r w W N r P r rTrm r > I rIr W I Cr 00 O n C y rO rO r^ = m O O r > 0 0 r a rA r fe y p O � y O OI 1• O r 3 w 0 0 0 0 a y N ^ O 00 � O N N O •e m �r r r r r p e o o e c o D C e o 0 0 0 r r ew °m. m • I = T N .yi n�o _ m I O OI `C v p W N M ae m o N OO O • Irrrr rjrr i __ _� _o o ^ N V O O t0 m � i m m I N O y N � 1 f 4_ u y I`p O i _ Y y p p � � H w = a m � �« .. � o 'lo o „�. � y o I� o � y o o w � < �n m _ m � � m ur � e� �.. � '� U V p 6 6 O U C IO O FO O (F f p4 � r w (1 U � � � H 'p O F_ F_ C V] C 6 m o � � V tl �' S C � N G � < � � � m c I kUi �� H Gi �' Iry c ^ lY O O • O � �; F m C r �� F O 'O V V O O F _ y ly m I' � c V O _� F • ` < �� ��� _ I oa 6 � N « � O < U U U < � � Y p � W �� IN�N.�I' O O 4 _O O d M 9K 0 0 3 - � •e N .. O � •i 3 P rn rlr o 9 9 9 rt 9rt -n C c o y rN rr rrrrrr r- m � c N - _ O O O O rr�_rrrr O b O N i/r O 0 0 0 o e o e e ---- -------------------------- FD _rrrrrr_rrrrrrrrrrrr -e.r y N _ N O O o r r .... r .. r F N j b p . Ao N e e e rrr_rrrrr_r_rrrrrrrrrrrrrr --------------------------, 10If O IN O --w w- -- w -ww - - N N I� --------------------------- � � N ------ -tS---S-ww--w O- -_ O N o e a e e O o O o ry - -=-------=-------=--- to Cw n n a•i - n w F --------------------------- » » a a » a » a •Ju ic MEMO TO: John K. Anderson, City Administrator FROM: Stephen Hurley, MIS Coordinator SUBJECT: Capital Equipment Purchase (Printer) DATE: 7/7/87 INTRODUCTION: The local area network currently has two printers installed, one in Engineering and one in Finance. A third is needed in a central location. BACKGROUND: The two existing printers are located at opposite ends of the LAN and are available to all workstations on the network but are not easily accessible to 3 of the 6 workstations. A printer in a centralized location (Planning) would help alleviate this problem. Several printers are available but two types, the laser printer and the 24 pin dot matrix are well suited to network applications. Major differences exist between the two types. The laser printer offers a true letter quality print and has a speed advantage of 8 pages per minute versus 3 pages per minute for the dot matrix. It is also much quieter in a close office environment. The dot matrix however, can be purchased for $1100 including booster and installation plus approximately $200 for a cut sheet feeder while the Laser Jet 2 from Hewlett Packard is 52803.85 which includes an additional tray, a memory upgrade, booster and installation. Planning had budgeted $1500 for computer equipment but has not needed it to date since computer equipment for the city has been purchased using part of the %30,000 budgeted for network equipment. RECOMMENDED ACTION: Recommended is the Laser Jet I for its speed, law noise and letter quality advantages. Also recommended are the legal size paper tray and the 2 megabyte upgrade to improve processing speed. This is available from LOGIS for $2453.85. A signal booster and installation on the network are available from Quannon Computer . Products for $350 bringing the total to $2803.85. - REQUESTED ACTION: Approve purchase of printer, paper tray and 2 Mb upgrade from LOGIS for $2453.85 and booster and installation from Quannon Computer Products - for $350. Funds to come from capital equipment budget for network- equipment- inthe amount of $2803.85. 9� MEMO TO: John K. Anderson, City Adrr,inistrator FROM: Ken Ashfeld, City Enginee 40- SUBJECT: Fourth Avenue Project ; Fillmore to Scott DATE: July 2, 1987 INTRODUCTION: Engineering is finishing the administrative functions of the Fourth Avenue Project. This memo addresses the overall budget of the project , costs associated with various overruns and Change Order No . 3 which establishes items for work which was unforeseen. BACKGROUND: This project had two previously approved orders. Change Order No. 1 provided for the timber retaining wall and Change Order No. 2 provided for an addition of 1 1 /2 blocks of watermain replacement. The additional watermain replacement was necessary due to the elevation of the existing facility during construction. Recall that there is a financing policy whereas SPUC and the City shares in this cost. The contract items for the retaining wall were erroneously not included in the bid proposal . Also recall that the County pays for the retaining wall . Change Order No. 3 in the amount of 86 , 508.27 accounts for miscellaneous items that were unforeseen and not included in the contract items. Items 1 through 3 consist of work for concrete steps and handrails associated with the retaining walls and other miscellaneous steps due to grade changes. Items 4 through 8 consist of various water system improvements such as adjusting curb boxes and replacing some boxes that were intended to be reused. Again, SPUC participates on a portion of the cost with the remaining being a City project cost. Item 9 is for a drain line to connect to the roof drains at St. Mark' s Church. The following is a budget summary of the project. Enterprise Funds Storm Sewer - there was basically no change to the contract amount. Sanitary Sewer - the final cost for sanitary sewer increased approximately 8% from the contract amount due to the addition of some sanitary sewer services and a manhole. Two services were installed to lots owned by the City located on the north side of 4th between Fillmore and Spencer. Another service was installed to private property whereas the q c Fourth Avenue July 2, 1987 Page 2 property owner paid directly to the project fund. This cost does show up on the contract cost. _ Watermain - the water system cost was approx ately 403 over the contract amount due to adding substan al increases to the project scope (additional 1 1/2 blocks of main) . Streets - the assessed portion of the s reet work increased approximately 103 from the contrac amount due to the following: - i • Interse tions were c back further than anticipate , particularly Fuller Street. • The sidewal at the hos ital and St. Mark' s Church was replaced hen orig nally not anticipated. The assessments p perly eflect this cost. • Additional re for tion cost at the hospital parking lot by ott Street to accommodate drainage. • Additional work n ront of St. Mark' s on Atwood Street. • Addition of steps & ha drails along the project. • More sod than expected. Since the assessments were adopted for to the project, a 103 contingency was added. This contingency was fully used on the assessed street portion of this roject, therefore a supplemental assessment is not needed. The total of all changes (street & enterprise work) consists of a +4 .83 change to the original contract. RECOMMENDED ACTION: Approve Change Order/No. 3 to the Fourth Avenue Project. REQUESTED ACTION: / Move to approve Change Order No. 3 in the amount of $6,508.27 to the Fourth Avenue Reconstruction Project No. 1986-3. KA/pmp CH34TH g :J Fourth Avenue July 2, 1987 Page 2 property owner paid directly to the project fund. This cost does show up on the contract cost. Watermain - the water system cost was approximately 40% over the contract amount due to adding substantial increases to the project scope (additional 1 1/2 blocks of main) . Streets - the assessed portion of the street work increased approximately 10% from the contract amount due to the following: • Intersections were cut back further than anticipated, particularly Fuller Street. • The sidewalk at the hospital and St. Mark' s Church was replaced when originally not anticipated. The assessments properly reflect this cost. • Additional restoration cost at the hospital parking lot by Scott Street to accommodate drainage. • Additional work in front of St. Mark's on Atwood Street. • Addition of steps & handrails along the project. • More sod than expected. Since the assessments were adopted prior to the project, a 10% contingency was added. This contingency was fully used on the assessed street portion of this project, therefore a supplemental assessment is not needed. The total of all changes (street & enterprise work) consists of a +4 .8% change to the original contract. RECOMMENDED ACTION: Approve Change Order No. 3 to the Fourth Avenue Project. REQUESTED ACTION: Move to approve Change Order No. 3 in the amount of $6,508.27 to the Fourth Avenue Reconstruction Project No. 1986-3. KA/pmp CH34TH CHANGE ORDER ,J Change Order No. : 3 Project Name: 4th Ave. Reconstruction Date: July 1. 1987 Contract No.: 1986-3 Original Contract Amount $ 464-820.90 Change Order(s) No. 1 thru No. 2 E_ 15 742.50 Total Funds Encumbered Prior to Change Order $ 480.563.40 Description of York to be (Added/Deleted) : See Attached Sheet The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless 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 increased by E,-,508.27 The number of calendar days for completion shall be increased by Original Contract Amount $ 464-820.40 Change Order(s) No. 1 thru 3 _ $ 22,251 .22 Total Funds Encumbered $ 487,071.67 Completion Date: Working Day Schedule The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, condition and prices specified herein. Contractor: %�. �^1�.�`5 'f �`'�s c. �? /-;,,1 REVIEWED BY SHAKOPEE PUBLIC � " UTILITIES COMMISSION �^-• TiTtle y� Date: -s/ 7 Manager APPRC • 21AIe7 z 467 Date ty Engineer APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 City Administrator Date City Attorney City Clerk Date YJ CHANGE ORDER NO. 3 ITEM 1 . 28 Concrete Steps @ $80 .00 EA. _ $ ,240.00 2. 63.5 L.F. Concrete Saw Cutting @ . 10/L.F. _ $260.35 3. 3 Handrails @ $ 00.00 EA. _ $ 0.00 4 . A. 112 l .f. 1 " C per Furn' h @ 1 .25/L.F. _ $140.00 B. 112 L.F. 1 " Cop r Ins all @ $9.25/L.F. _ $1 ,036 .00 Total = $1 ,176.00 5. 2 - 1 " Corporation St @ $50.12/EA. _ $100.24 6 . 1 - 1 " Curb Stop & ox $101 .48/EA. _ $101 .48 7. 11 - 3/4" Curb St o & Box @ 5.00/EA. _ $1 ,045.00 B. Adjust Existing urb Boxes 11 $60.00 EA. _ $660.00 9. 70 L.F. 4" Dr in @ $3.36/L.F. _ $ 5.20 (Drains @ Marks Church under Si walk) TOTAL = $6,508.27 CHANGE ORDER NO. 3 ITEM 1 . 28 Concrete Steps @ $80 .00 EA. _ $2,240.00 2. 63.5 L.F. Concrete Saw Cutting @ $4. 10/L.F. _ $260.35 3. 3 Handrails @ $200.00 EA. _ $600.00 4 . A. 112 l .f. 1 " Copper Furnish @ 1 .25/L.F. _ $140.00 B. 112 L.F. 1 " Copper Install @ $9 .25/L.F. _ $1 ,036 .00 Total = $1 , 176.00 5. 2 - 1 " Corporation Stops @ $50.12/EA. _ $100.24 6. 1 - 1 " Curb Stop h Box @ $101 .48/EA. _ $101 .48 T. 11 - 3/4" Curb Stop & Box @ $95.00/EA. _ $1 ,045.00 B. Adjust Existing Curb Boxes 11 @ $60.00 EA. _ $660 .00 9. 70 L.F. 4" Drain @ $3.36/L.F. _ $325.20 (Drains @ St. Marks Church under Sidewalk) TOTAL = $6,508.27 6 9J PARTIAL ESTIMATE VOUCHER Contract No. 1986-3 Partial Estimate Voucher No. 7 Period Ending: June �0, 1987 TO: Contractor S.M. Henates h Sons Inc. Address _ P.O. Bos 212 Shakopee. MN 55379 Project Description Fourth Avenue Reconstruction From Fillmore Street to Scott Street 1. Original Contract Amount $ 464,820.90 2. Change Order No. 1 Thru No. 3 $ 22.251.27 3. Total Funds Encumbered $ 487,071.67 4. Value of Work Completed $ 529.898.81 Value of Work Remaining 5. — Percent Retainage $ 1.000.00 $ 200.00 6. Previous Payments $ 465.771.10 Percent Complete 7. Deductions or Charges $ -0- 995 8. Total $ 466,771.10 Payment Due (Line 4 - 8) $ 63.127.71 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work sham herein is a fair estimate of the work /ppleted to date. CONTRACTOR f . 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Shakopee Public Utilities (SPUC) has a policy Of paying for the incremental cost difference between the system required based upon zoning (in this case ; 6" for R2 6 8" for B1 ) and the water system' s planned trunk facility. The estimated trunk oversizing cost is $39 ,700.00. SPUC also has a policy of charging a trunk charge based upon acreage . The 1987 trunk charge is $560.00 per acre and the approximate acreage of the abutting property is 96 acres. Therefore, the estimated trunk charge is $53,760 .00. Summary of Water Systems Costs Watermain Cost $153 ,200.00 SPUC Cost - 19 ,700.00 Subtotal $113,500.00 Trunk Charge $ 51.760.00 Total Cost Assessed $167,260.00 i PROSECT COST SUMMARY ABUTTING PROPERTY CITY SPDC STREET Roadway $227 ,200.00 $119,200.00 Sidewalk 44,000.00 Lighting 5,000.00 Trees 12.800.00 Subtotal $276,200.00 $132,000.00 $ -0- STORM SEWER 13th Ave. Storm Sewer $133, 100.00 $ 15,200.00 6 PROJECT COST SUMMARY 14 b ABUTTING PROPERTY CITY SPUC SANITARY SEWER 13th Ave. Sanitary Sewer $ 76,600.00 Oversizing 2,600.00 Extra Depth Cost 1 .400.00 Subtotal $ 80,500.00 $ -0- $ -0- MERMAIN Water System $113,500.00 $39,700.00 Trunk Charge• 54.760.00 Subtotal $167,260.00 $ -0- $39,700.00 PROJECT TOTALS*• $703,010.00 $152,450.00 $39,700.00 * Note that when the trunk charge is applied to the SPUC oversizing expenditure, the net result will be a net revenue of $14 , 060 .00 . This is offset by other trunk projects that result in a negative revenue to SPUC but results in a benefit to the study area due to the looping of trunk facilities. ** The estimated project costs include construction, engineering, legal , fiscal and administrative costs. No right-of-way costs are included. *SSESSMERTS Scottland Companies, Inc. own the property adjacent to Segment "A" and is benefitted from the proposed street and utility improvements. Therefore, it is recommended that any assessments resulting from improvements proposed in the report be assessed to the abutting benefitted property. FINANCING _ -- -The assessed portion-vf-.-the--propose d_improv-amen ta-s-would- be- financed by general -obligation-bonds. The cost obligations of the- City would be financed by the City state aid fund. - - - - 7 ( ob SUMMARY OF PROPOSED IMPROVEMENTS This study began to analyze the proposed improvements of 13th Avenue from C . R . 16 to C . R . 17 . As stated previously , approximately one half of that length is being planned and designed in coordination with Hauer ' s 4th Addition. The cost sharing policy for collector streets is in place and upon actual cost determination cost sharing will be documented with a developer' s agreement. There is no pending developer' s agreement for the Scottland Companies property. It is presumed that financing for the project would be by special assessments and state aid. There are specific advantages and disadvantages to constructing the proposed 13th Avenue through the Segment "A" alignment in advance of development. The advantage of constructing 13th Avenue west of Hauer ' s 4th Addition prior to development proposals is the complimenting of the collector street proposed through Hauer' s Fourth. Unless constructed as proposed in this report, 13th Avenue will terminate at the west boundary of Hauer ' s 4th Addition and not connect County Road 16 to County Road 17. The disadvantages consist of design problems associated with location of certain improvement elements as discussed previously in the section on Design Considerations and Problems. A possible solution would be to delay the installation of the sanitary sewer and water and construct these utilities within the boulevard and parallel to the street . Under this plan, the water would be located on one side of the street within the boulevard and the sanitary sewer could be realigned on local streets and easements when a development plan was determined. This plan would result in many crossings of 13th Avenue by the sewer and water . Obviously, the storm sewer would need to be constructed with 13th Avenue to accommodate immediate surface storm water runoff. The improvements addressed in this report are feasible as proposed and would result in an improvement to the abutting benefitted property. POSSIBLE PROJECT PHASING As discussed previously , that section of 13th Avenue through Hauer's 4th Addition is proposed to be constructed in accordance with a developers agreement for that addition. It is proposed that construction will begin on this section in fall of 1987 assuming that plan development and state aid review can be _ completed in that time frame. 8 lob The following phasing alternatives are available for that section of 13th Avenue through the Scottland property. Alternative 1 . Postpone any improvements until development isproposed, Alternative 2, Postpone sanitary sewer and water Improvements until development is proposed Construct the street and storm sewer as early as the time frame for plan development and state aid review permits. With this alternative, the City canconsider 'i immediate assessment of improvement costs or defer assessments for a specific period of time. Most of the deferred costs can be financed by state aid . Approximately $104 ,000 .00 of the storm sewer cost would require City financing because this portion of the cost is ineligible for state aid financing. This alternative requires that sanitary sewer and water system improvements be constructed in the future. These improvements would be constructed outside the limits of the actual roadway similar to C. R. 83 , Valley Park Drive, Valley Industrial Boulevard, C.R. 16, etc. This phasing method would result in additional cost to the abutting property in the future but would reduce the initial cost of the project. The additional cost would result from future borings and/or street out costs. Alternative 3. Construct all utilityd street improvements 'thin a time frame that plan deyelonment and state aid review permits . The City could consider immediate assessment of improvement costs or defer some or all of the assessments for a specific period of time. Whereas, most of the deferred costs of Alternative 2 can be financed by state aid , approximately $104,000.00 storm sewer cost and $248,000.00 utility costs would require City financing . Repayment of the general obligation bonds would affect the City' s general ad valorem tax. 9 �o b RECOMMENDED PROJECT PHASING This report provides for two recommended alternatives based upon the actions of the abutting property owners. If the abutting property owner would develop a preliminary plat identifying the location of intersections along 13th Avenue, phasing Alternative 3 is recommended. It is further recommended that if it is desirable to defer a portion of the costs, only costs that can be financed by state aid be deferred and the remaining costs be assessed to the abutting benefitted property. If the abutting property owner does not develop a preliminary plat, phasing Alternative 2 is recommended. It is further recommended that any utility work under 13th Avenue be bored and cased . This requirement would eliminate future street cut disturbances. 10 I I A II I I .G I NE'Y.('ry.NG - P aeY'� � o � <• �- II _ I 13r AYE COM ANIES „A _�E ►H - $ - _ I ! I PROPOSED 13TH AVENUE FIGURE 1 W 7---r-a i--- ✓�1 zi V�� _ o 2\L -- i a I 4 Y ! i is FIG. 2 PROPOSED STORM SEWER �I � �• - � is b . I r - 1,bb Q 3 12. f,,) — In .. .___ �• :b3w d I O c n � 14 FIG. 3 PROPOSED WATER SYSTEM a '_ I 4 Ul Z N✓ IIQ I 1« 1+ ti a oxo oz CL V'l > '.. 0 � 1 DO s n IP P Q FIG. 4 PROPOSED SANITARY SEWER ivc, MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Feasibility Report for VIP Extension Resolution No. 2751 DATE: July 2 , 1987 INTRODUCTION & BACKGROUND: At their My 19, 1987 meeting, Council ordered a feasibility study and report for the extension of the VIP sanitary sewer from County Road 17 to County Road 79. That study is complete and the report is attached. Also attached is Resolution No. 2751 for Council consideration. That resolution calls for a public hearing on the proposed improvements to be held on August 4 , 1987 . RECOMMENDATION: Adopt Resolution No. 2751 . REQUESTED ACTION: Offer Resolution No. 2751 , A Resolution Receiving a Report and Calling a Hearing on an Improvement by Extension of the VIP Sanitary Sewer from County Road 17 to County Road 79 and move its adoption. KA/pmp III i I / off RESOLUTION NO. 2751 A Resolution Receiving A Report And Calling A Hearing On Improvement Extension of YIP Sanitary Sever From County Road 17 to County Road 79 WHEREAS, pursuant to Resolution No. 2730 of the City Council adopted May 19, 1987 a report has been prepared by Ken Ashfeld, City Engineer, with reference to the improvements of the VIP Sanitary Sewer from County Road 17 to County Road 79 by extension of the interceptor, and this report was received by the Council on July 7 , 1987 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Council will consider the improvement of the VIP Sanitary Sewer Interceptor extension from County Road 17 to County Road 79 in accordance with thereport and the assessment of abutting and benefitted property for all or aportion. of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $293,400 .00 . 2 . A public hearing shall be held on such proposed improvements on the 4th day of August, 1987 , at 7 :30 P . M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1987-13 Public Improvement Program. 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 /dc MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer/Aill— SUBJECT: Feasibility Report for VIP Extension Resolution No. 2751 DATE: July 2, 1987 INTRODUCTION A ACKGROUND: At their My 19, 1987 meeting, Council or red a feasibility study and report for he extension of th VIP sanitary sewer from County Road 17 t County Road 79. at study is complete and the report is attache . Also attached is R solution 2751 for Council consideration. That resolution ca is fo a public hearing on the proposed improvements to be he d o August 4, 1987 . RECOMMENDATION: Adopt Resolution 0. 275 REQUESTED ACT N: Offer Res ution No. 2751 , Resolution Receiving a Report and Calling Hearing on an Imp ovement by Extension of the VIP Sanitary Sewer from County Road 17 to County Road 79 and move its adoption. KA/pmp 45 C, FEASIBILITY REPORT FOR VIP SANITARY SEWER INTERCEPTOR. FROM COUNTY ROAD 17 TO COUNTY ROAD 79 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision dnd that 1 am a duly Registered Professional Engineer under the laws of the State of Minnesota. .. .__..Date / Registration No. 16185. -- -- JUNE 1987 TABLE OF CONTENTS Description Feasibility Report Introduction Background Study Area Land Use Proposed Improvements Estimated Costs Assessments Conclusions & Recommendations Appendix A Appendix B Appendix C INreooucrlDN At their May 19 , 1987 meeting, Shakopee City Council adopted Resolution 2730 ordering a feasibility study of proposed sanitary sewer improvements . The proposed improvements consist of extending the VIP sanitary sewer interceptor from County Road 17 (Marschall Road) to C.R. 79 (Spencer Street) . BACKGROUND The proposed improvements consist of extending the VIP sanitary sewer interceptor. The VIP currently terminates at C. R . 17 on the west side as the result of the initial product in 1980 and a short extension in 1986 extending from the east side of C.R. 17 to the west side. Proposed development between C.R. 17 and C.R. 79 and bordering the proposed route of the VIP develops the need for this study. The developer and property owner of the Canterbury Estates preliminary plat has petitioned for this feasibility study. Attached as Appendix C is the Report for the VIP Trunk Sanitary Sewer dated April 26, 1979. That report addresses the VIP as a complete facility , the portion already constructed and the extensions that still remain to be completed. The results and recommendations of that study are still relevant to the proposed improvements. The proposed extension is simply one more segment of the overall facility that will eventually serve the area south of the River Interceptor gravity area and north of the proposed T.H. 101 Shakopee Bypass. Also included in the VIP service area is lands in the southwest and southeast quadrants of the intersection of C. R. 17 with the Shakopee Bypass. STUDY AREA LAND USE The properties within the study area are zoned R2 (urban residential ) and agricultural . To adequately address sewer flows, this report assumes that the land that is zoned agricultural will be rezoned to R2 with a R3 -( mid-density residential ) buffer area along the Shakopee Bypass. A large portion of the remaining unsewered VIP service area is outside the City limits. This report assumes that this property will be eventually annexed to the City and similarly be rezoned to R2 and R3 . Figure 1 indicates the limits of the study area for this report. Al PROPOSED IMPROVEMENTS The proposed improvements consist of a trunk sanitary sewer main from C.R. 17 to C.R. 79 varying in size from 21 inch to 18 inch in diameter. The location of the trunk route would be parallel to and with the Upper Valley Drainageway. It is proposed that the manhole locations would be within the alignment of a planned trail system. This would allow for the castings to be placed in asphaltic concrete to minimize shifting and infiltration as well as accommodate maintenance excess. ESTIMATED COSTS Attached as Appendix A is the estimated costs of the proposed improvements. The estimated cost is $293 ,411 .25 including construction, engineering, fiscal and administrative costs. The estimated cost does not include easement acquisitions-. ASSESSMENTS This report assumes that 100% of all costs attributable to the proposed improvement will be assessed. The assessments would be against the abutting, benefitted properties within the City and/or carried as systems costs to be assessed in the future against properties outside the City limits. The assessment procedures proposed for this project are similar to those adopted for the 1980 project. As a trunk facility like this traverses across the service area, properties are assessed for lateral benefit, trunk benefit and interceptor benefit. There is one major difference between the current project and the 1980 project. Since the service area is residential property and all residential lots will be 'served by a lateral main located within the local street, there are no properties with lateral benefit. Therefore, all assessed costs will be either trunk or interceptor costs to be assessed on an acreage basis. The following is a breakdown of the costs carried forward ( systems costs) from previous projects and the estimated costs of the proposed project. / o C- Pro ' c interceptor Cosh Trunk Costs 1981-1 $112,431 .68 Previously Including Int. @ 8 3/4f Assessed 1986-1 $ 395.32 $ 4,546.08 Prop. Extension $ 21 ,731 .87 $271 .679.38 $134,558.87 $276,225.46 Figure 2 indicates the area to receive a combination of the following: Trunk assessments Interceptor assessments Systems costs to be assessed at a later date It is important to note that this report is carrying all systems costs to the current period as a cost accounting method when future extensions are proposed. Although these systems costs d.Q Up& result in assessments to properties outside the City, the costs should be accounted for and recorded for future reference State law provides for the option of the City reimbursing itself for funds expended on improvements to properties that are not initially assessed . To accomplish this reimbursement, those costs must be included in a subsequent feasibility study for future extensions and proper notice of cost at the subsequent public hearing. The areas to be assessed interceptor costs and trunk costs are as follows: Interceptor Area 458.01 Acres (364 .37 Acres in Jackson Township) Trunk Area 274 .19 Acres Therefore, the assessment rates are as follows : Interceptor Assessment Rate = $134,558.87 = $293.7903/Acre Trunk Assessment Rate = $276,225.46 = $1 ,007.4235/Acre Attached as Appendix B is the estimated assessments and/or future - systems costs for properties within the study area. CONCLUSIONS 8 RECON14ENDATIO93 Without sanitary sewer .service, the -pro-per-ties within the study area are either undevelopable or must be rezoned to R1 (rural residential) resulting in under development. Consequently, this report assumes, without benefit of appraisals, that the project is feasible as proposed. It is recommended that the project proceed as proposed and that costs be assessed and recorded as proposed. ! oG' ttl I 1 1 h m a I e S = I 1 t( I 1 I 1 is3 _ w W \ 0V, a 1 Z U x I 1 W °❑oo ilkJII ;,� �a ° , ❑ � '" o ' ggo s I Ile Isco _ a V U � ­ssss Sr I m a a s » 0 w W ow F— Q n \ ( 111 / III I I1 r ` IV i 1 69 atl d7 J� 1` O Vs 6y� APPENDIX A TABULATION OF ESTIMATED COSTS VIP INTERCEPTOR SANITARY SEWER EXTENSION O �� FROM COUNTY RD. NO. 17 TO COUNTY RD. NO. 79 ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 1S "RCP Class II 0'-B' L.F. 2405 €30.00 £72. 150.00 2 18" RCP Class III B'-10' L.F. 120 £33.00 €3,960.00 3 18" RCP Class III 10'-12' L.F. 530 £34.00 €18,020.00 4 18" RCP Class IV 12'-14' L.F. 540 €36.00 £19,440.00 5 IB" RCF Class IV 14 '-16' L.F. 270 £37.00 £9,990.00 6 18" RCP Class IV 16'-18' L.F. 70 €38.00 £2,660.00 7 18" RCP Class IV IB'-20' L.F. 70 £39.00 £2,730.00 8 1S" RCP Class IV 20'-27' L.F. 70 €40.00 €2,800.00 9 1B" RCP Class V 22'-24 ' L.F. 60 £42.00 £2,520.00 10 IB" RCP Class V 24'-26' L.F. 80 €44.00 :3,520.00 11 18" RCP Class V 26'-28' L.F. 110 £46.00 £5,060.00 12 21" RCP Class V 22'-24' L.F. 10 £52.00 €520.00 13 21" RCP Class V 24'-26' L.F. 90 €54.00 €4.860.00 14 21" RCP Class V 26'-28' L.F. 10 :56.00 €560.00 15 Shakopee Std. Manhole EA. 16 €1 ,200.00 £19,200.00 16 Excess Depth in Manhole L.F. 44 €100.00 £4,400.00 17 Rack -Excavation C.Y. 110 £100.00 £11 ,000.00 18 Select Barrow Material C.Y. 3500 £6.00 £21,000.00 for Bering (On Site) 19 Seeding ACRE 2 £4,500.00 £9,000.00 SUBTOTAL £213,390.00 10'6 CONTINGENCY £211339.00 £234,729.00 25% CONTINGENCY €58,682 25 TOTAL COST _ -_'3293.411.25 -- APPENDIX B ESTIMATED ASSESSMENTS � o v VIP SANITARY SEVER INTERCEPTOR ASSESSMENT Interceptor Rate (per acre): $293.7903 Trunk Rate (per acre): $1,007.4235 INTERCEPTOR TRUNK TOTAL OWNER PARCEL NO. ACRES ASSESSMENT ASSESSMENT ASSESSMENT Render, Dev. 27-084052-0 1.66 $487.69 4487.69 'Walden Bros. Lumber 13731 John, Mem. Dr. Shakopee, MN 55379 Renden Dev. 27-064053-0 0.72 $211.53 $211.53 %Malden Bros. Lumber :3731 John. Mem. Dr. Shakopee, MN 55379 Renden Dev. 27-084054-0 1.46 $428.93 4426.93 %Walden Bros. Lumber 13731 John. Mem. Dr. Shakopee, MN 55379 Renden Dev. 27-064055-0 0.39 $114.58 $114.58 %Walden Bros. Lumber 13731 John. Mem. Dr. Shakopee, MN 55379 Cletus J. Link 27-121026-0 6.12 41,798.00 41,798.00 12831 Link Drive Shakopee, HN 55379 Cletus J. Link 27-121021-0 0.93 4273.22 $273.22 12831 Link Drive Shakopee, MW 55379 Cletus J. Link -121028-0 2.39 $702.16 $7U2.1b 12831 Link Drive , Shakopee, N 55379 Cletus J. Link 27-121029-0 3.94 $1,157.53 $1,157.53 12831 Link Drive - Shakopee, MH 55379 City of Shakopee 27-121030-0 3.38 1993.01 $993.01 129 E. 1st Ave. Shakopee, MH 55379 Bethel College 5 Sem. Pndtn 27-907001-0 40.00 $40,296.94 $40,296.94 3900 Bethel Drive St. Paul, PIN 55112 Bethel College A Sem. India 27-907002-0 122.57 4123,479.90 4123,474.90 3900 Bethel Drive St. Paul, AN 55112 10 G T7P SANITARY SEWER INTERCEPTOR ASSESSMEN1 Interceptor Rate (per acre): !293.7953 Trunk Rate (per acre): 31,007.4235 INTERCEPTOR TRUNK 707AL OWNER PARCEL NO. ACRES ASSESSMENT ASSESSMENT ASSESSMENT Alphonse A. Vierling 77-907003-0 19.20 $19,342.53 $19,342.53 1543 Co. Rd. 79 Shakopee, MH 55379 Jerome A. Vierling 27-907004-0 1.30 $1,309.65 $1,309.65 1461 Co. Rd. 79 Shakopee, MP, 55379 Alphonse A. Vierling 27-407005-0 38.71 S38,997.36 $38,991.36 1543 Co. Rd. 74 Shakopee, MM 55379 Lawrence Vierling 27-907005-1 39.08 $39,370.11 $34,370.11 971 South Scott Shakopee, MN 55379 Eldon T. Greenwood 27-907012-0 4.93 $4,966.60 $4,966.60 1674 Marschall Rd. Shakopee, MN 55379 First Nat. Bank of Shakopee 27-907012-1 650 $1,511.14 $1,511.14 129 S. Holmes Shakopee, MN 55379 Alphonse A. Vierling 27-907014-0 6.90 56,951.22 $6,451.22 1543 Co. Rd. 79 Shakopee, MN 5579 City of Shakopee 27-911025-0 39.70 $11,663.46 $11,663.46 129 E. 1st Ave. Shakopee, MN 55379 City of Shakopee 27-912027-0 3295 $9,680.38 $9,680.38 129 E. lst Ave. Shakopee, MN 5574 TOTALS 367.63 377,510.50 4276,225.45 4303,735.95 $107,048.37 will he carried as systems costs and assessed in the future to properties :hat are currently in Jackson Township. - _ BOG REPORT VIP TRUNK SANITARY SEWER IIS CITY OF SHAKOPEE APPENDIX C April 26,1979 Main Office 5716066 �® UBURBAN - / 6(/ 6875 Highway No. 65 N. E. I�I NGINEERING Minneapolis, Minnesota 55432 INC_ South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 U April 26,1979 City of Shakopee 129 1st Ave. East Shakopee; MN 55379 Attn: Council Members Re: VIP Trunk Suer Dear Council Members: Enclosed herewith is our preliminary engineering report for the construct- ion of trunk sewer facilities . from T.B. 101 in the westerly part of the industrial park area, southerly to the "Upper Valley". The project would provide sanitary sewer service to the industrial areas and to some much needed residential areas in the Upper Valley. The area served includes lands in both the City of Shakopee and in Jackson Township as dicated by topography and future highways rather than by political subdivision boundaries. The report presumes that land will develop as sewer service is available butnoattempt has been made to set policy for negotiating a sharing of the project cost. We wish to acknowledge the assistance of cooperation given to us in our work on this study by City Staff, and in particular Doug Reeder and Bo Spurrier for their work. The project is feasible and is recommended for construction as described in the report. Respectfully submitted, SUBURBAN ENGINEERING,INC. William E. Price, P.E. WEP/lh I hereby certify that this plan, specification or report was prepared by me - - or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. William E. Price, P.E. Date Minn. Reg. No. 6939 - Ra ,e♦llmd—Reg.Eng. E.A.Rm ,Re .Su R'm.E.P—.Ree. EnG Gab R.R—.RY-Sv.�- Pao-J- dlalinao.Ree Eng. Wm.E J—,Reg.Eng. Wm.R.M— Reg.Eng, R. William Rogers. Reg. S— R.um A.Pvtnw.,Reg.Eng- April 26,1979 City of Shakopee -� 129 let Ave. East Shakopee, MN 55379 Attn: Council Members Re: VIP Trunk Sewer Dear .Council Members: Enclosed herewith is our preliminary engineering report for the construct- ion of trunk sewer facilities : from T.H. 101 in the westerly part of the industrial park area, southerly to the "tipper Valley". The project would -� provide sanitary sewer service to the industrial areas and to some much needed residential areas in the Upper Valley. The area served includes lands in both the City of Shakopee and in Jackson Township as dicated by topography and future highways rather than by political subdivision boundaries. The report presumes that land will develop as sewer 3 service is available but no attempt has been made to set policy for negotiating a sharing of the project cost. We wish to acknowledge the assistance of cooperation given to us inourwork on this study by City Staff, and in particular, Doug Reeder and Bo Spurrier for their work. The project is feasible and is recommended for construction as described in the report. Respectfully submitted, SUBURBAN ENGINEERINC,INC. William E. Price, P.E. ,. WEP/lh I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. - - - _ William E. Price, P.E. Date Minn. Reg. No. 6939 3/26/79 REPORT TO: City of Shakopee O C,� FROM: Suburban Engineering,Inc. SUBJECT: VIP Trunk Sewer GENERAL DISCUSSION: Sanitary sewer service to the Industrial Park area of Shakopee is provided, in general , through the 'Shakopee Interceptor and VIP Interceptor" along TH 101 . At present, the lateral system within the Industrial Park is limited to direct connection to either of the Interceptors or by laterals at Co. Rd. 83 or Valley Industrial Blvd. In order to provide service to the westerly portion of the Industrial Park, it will be necessary to provide a major trunk facility from the 'Shakopee Inter- ceptor" sewer. The trunk will serve approximately 580 acres of Industrial , Comm- ercial and multiple family residential property northerly of Co. Rd. 16. The purpose of this study is to determine the feasibility of construction such a trunk sewer to serve the westerly part of the Industrial/Commercial area north of Co. Rd. 16 and to provide service to a portion of the Upper Valley area for single family residential development. Our studies had indicated that there is hydraulic capacity in the Shakopee and VIP Interceptors to provide service to approximately 1000 acres of residential development in the "Upper Valley" area in addition in the Industrial/Commercial area northerly of Co. Rd. 16. VIP TRUNK SERVICE AREA: The service area boundary in the Upper Valley area has been set to conform to the future alignment of the T.H. 101-169 Hwy, by-pass with consideration for comm- ercial development at Co. Rd. 17. The service area conforms to the development plans - - shown in the proposed Comprehensive Land Use Plan now under consideration by the City. The route to the proposed VIP Trunk Sewer has been selected on the basis of topography and ownership lines and would follow the general route of surface drainage from Co.Rd. 15 southeasterly through the Upper Valley. o c, Of the total Upper Valley area that can be served by the VIP Trunk Sewer, approximately 580 acres of Jackson Township and 420 acres of Shakopee residential area would be served. The service area boundary and the design of the VIP Trunk Sewer has been made on the basis of an optimum service area and without regard to political division boundaries. The total area to be served by the VIP Trunk Sewer is 1740 acres and is made up of the following: Land Use Location Area(Acres) 1 . Industrial North of C.R. 16 425 2. Commercial N.of C.F.16-W.of Industrial 35 3. Multi-Family Res. N.of C.R.16-W.of Industrial 120 4. S.F. Residential Between CMStP&PRy & C.R.16 140 5. S.F.Residential Between CMStP&PRy & C.R. 17 100 6. Commercial At C.R. 17 & 101-169 Nwy.by-pass 160 7. S.F.Residential Between C.R.17 & C.R. 79 150 8. S.F.Redidential Jackson Twp.-west of C.R.79 580 9. S.F.Residential Shakopee westerlyC.R.15 30 TOTAL SERVICE AREA 1 ,740 DESIGN CRITERIA: The projected sanitary sewer flows from undeveloped areas is made on the basis of proposed land use. Most of the service area tributary to the proposed VIP Trunk Sewer is undeveloped land. The projected land use, the projected sewer flow is made according to the Comprehensive Land Use Plan for the City now under considera- tion. A copy of the proposed land use plan is included herewith as Appendix A. l d c� Flows are made on the basis of gross acreages of the various types of projected land use. Lateral connections to be made to the turnk sewer are established on the basis of topography and property boundaries. Major trunk highway right-of-way and major storm water holding ponds have not been included in the areas used for computing sewage flows. The basis for calculating sewage flows is made according to the following: Land-Use Type Area(Acres) Est.Ave.Flow Est.Ave.Flow (Gal/Ac/Day) (Gal/Jay) 1 . Industrial 425 1000 425,000 2. Commercial 195 2000 390,000 3. Multi-Family Residential 120 2000 240,000 4. Single Family Residential 1000 800 800,000 TOTAL ESTIMATED AVERAGE DAILY FLOW 1 ,855,000 gpd Estimated Peak Discharge to Shakopee Interceptor (@ 2.9 times Ave. ) _ 2.9 X 1 ,855,000 = 5,380,000 (5.4 MGD) A table of volumes used by MWCC for flow variation factors is included as Appendix B. The criteria in the table listed above are based on estimated conditions of developemnt in Shakopee. In the case of industrial flows the MWCC will use 2,000 gallons per acre per day )gad) for planning major facilities such as Interceptors sewers and waste treatment plants. A table of flows experienced from various industries in Shakopee as shown in Appendix C for information and com- parison purposes. For planning purposes, MWCC has used .estimated flows of 106 gallons per capita per day (gcd) which is based on flows through the meter at the pumping station in Shakopee. However, the 106 gcd is the total flow divided by the population of Shakopee in the tributary sewered area and includes other sources such as infiltration and inflow water. The projected flows for the VIP Trunk Sewer are based on 100 acd -3- l C, and is considered the acceptable desgin criteria for single family development. The lower criteria is justified by better construction practices followed during sewer construction and a complete separation of surface waters from sanitary sewers. The land use map of the service area is included herewith as Appendix A to indicate the basis for determining sewage flows. The map is taken from informa- tion on maps now being considered as part of the Comprehensive Plan for Shakopee. Minor adjustments for modifications to the land use plan will not substantially affect the projected sewage flows for the trunk sewer. FUTURE TRUNr,-INTERCEPTOR SEWER SERVICES• Previous studies have indicated that the "Upper Valley Area" of Shakopee would be served by an interceptor sewer which would be connected to the Prior Lake Interceptor northeasterly of Dean's Lake. That interceptor, called the Shakopee-Jackson Interceptor has been designed on a preliminary basis, and will serve approximately 11,000 acres of Jackson Township and the City of Shakopee. The route of the Shakopee-Jackson Interceptor would approximately follow the route of the future TH 101-169 Hwy. by-pass. Scheduleof the sewer construction is tentatively set for sometime after 1990. The above criteria used for computing flows to the VIP Trunk Sewer are considered to be average by todays design standards. Future needs may change based on a number of conditions such as the types of industries that would occupy the Industrial area, the types of commercial that would occupy the Commercial area and the living habits or demands of people who might move into the residential area. The design is based on normal development and it is not expected that the City will need to limit or control the types of industrial or commercial development on the basis of sewage flows for this part of Shakopee. /6 C� In view of the foregoing, consideration has been given in the design of the VIP Trunk Sewer and the Shakopee-Jackson Interceptor to determine where, if Possible, future relief to the VIP Trunk Sewer could be provided. Accordingly, in appears be feasible to provide such relief at locations between Co. Rd. 16 and Co. Rd. 17. No estimates of costs have been prepared as part of this study for such relief since it is not presently known where or if such relief is needed. The VIP Trunk Sewer system is shown on the "Plan Layout" included as Drawing Nos I & 2. The Layout shows the various parts of the service area and the accompanying average daily sewage flows for each segment of land use.The plan also indicates the tentative locations of the Shakopee-Jackson Interceptor and the location of the suggested relief sewers for future construction if needed. ESTIMATES OF COSTS: The cost of constructing the VIP Trunk Sewer is expected to be high due to the presence of ledge rock near the surface of the ground surface through the industrial park area. Rock boring data was taken from water main construction plans between Co. Rd. 82 and Co. Rd. 16 and additional borings were taken north and easterly of the water main construction project to ascertain potential ledge rock problems. Drawings and logs of those borings are included herewith in Appendix D. The estimates include a minimal allowance for acquisition of easements. It would be advisable to review that portion of the projects costs prior to beginning the project. It is not expected that ground water or soft soil conditions will be a- construction problem in this project. Most of the soils overlying the ledge rock are sandy and therefore the cost for that excavation should be no more than usual . S II -- - The total estimated cost of constructing the VIP Trunk Sewer from its connect- ion at the Shakopee Interceptor to Co. Rd. 79 is $1 ,396,055. The estimated costs include a allowance for construction contingencies, engineering, administration, fiscal and miscellaneous charges. It is not expected that the entire system will be constructed at one time and an estimate for various segments is as follows: From Shakopee Interceptor to Co.Rd. 16 $905,775.00 From Co. Rd. 16 to Co. Rd. 17 $283,605.00 From Co. Rd. 17 to Co. Rd. 79 $206,675.00 TOTAL ESTIMATED COST $1 ,396,055.00 A detail of estimate cost is included in Appendix E for further information. ' PROPOSED ASSESSMENT: - A major sewer faciliaty such as the VIP Trunk Sewer is generally considered - a benefit to a larger area than can be directly connected to it. Assessments J for such benefits would generally be separated into two parts, that which is a direct connection benefit and that area which is provided with an outlet but will require future laterals in order to make connections. Accordingly, the benefit is generally separated into a "trunk" benefit and a "lateral " benefit. Lateral benefit is usually computed on the basis of what the cost would be provide only a lateral sewer to the abutting property. The part of the project cost that is in excess of the lateral is considered the extra cost of providing a trunk sewer which is of larger size and usually a deeper pipe installation. The cost of the trunk sewer would be assessed against the entire area to be ultimately served by the trunk facility. - -6- Included as part of this report is a separate report which discusses several alternative methods and rates for determining benefits for the VIP Trunk sewer. The report is included as Appendix F. CONCLUSIONS AND RECOMENDATIONS: The Vip Trunk Sewer will provide an outlet for development of approximately 425 acres of industrial , 120 acres of multiple family residential , 196 acres of commercial , 1000 acres of single family residential development. Such provisions will meet the land consumption demands of development within the City of Shakopee for about 10 to 15 years. As the development of the service area from the VIP Trunk Sewer nears saturation, the Shakopee-Jackson Interceptor must be planned for and built in order for Shakopee to continue growing and developing as expected. The immediate needs for sewer service in Shakopee is to allow for residential ` development, particularly single family type. According to the land use plan, the single family residential area that would be most readily served by the VIP Trunk Sewer would be that part between Co. Rd. 16 and Co. Rd. 17, Accordingly, it is suggested that the minimum construction of the VIP Trunk Sewer at this time be that part from the connection at the 6hakppee Interceptor to Co. Rd. 17 at an estimated of $1 ,189,380. However, if demands for service westerly of Co.Rd. 17 and Shakopee or Jackson are great, the project can be expanded to meet those demands. -7- 3/26/79 PRELIMINARY ESTIMATES U �� VIP TRUNK SETTER -- SHAKOPEE INTERCEPTOR TO C.R. 016 ITEM QUANTITY UNIT_ UKIT PRICE AMOUNT 27" RCP 0'-8' Class III 2870 L.F. $ 26.50 $ 76,055.00 27" RCP 8'-10' Class III 540 L.F. $ 28.50 $ 15,390.09 27" RCP 10'-10' Class III 90 L.F. $ 30.00 $ 2,700.00 24" RCP 8'10' Class III 860 L.F. $ 25.00 $ 21,500.00 24" RCP 10'-12' Class III 390 L.F. $ 27.00 $ 10,530.00 24" RCP 12'-14' Class IV 60 L.F. $ 29.00 $ 1,740.00 24" RCP 14'-16' Class IV 480 L.F. $ 30.00 $ 14,400.00 24" RCP 16'-18' Class V 740 L.F. $ 34.00 $ 25,160.00 24" RCP 18'-20' Class V 180 L.F. $ 35.00 $ 6,300.00 24" RCP 20'-22' Class V 120 L.F. $ 38.00 $ 4,560.00 24" RCP 22'-24' Class V 80 L.F. $ 40.00 $ 3,200.00 24" RCP 24'-26' Class 04000 140 L.F. $ 44.00 $ 6,160.00 24" RCP 26'-28' Class D4000 260 L.F. $ 46.00 $ 11,960.00 24" RCP 28'-30' Calss D4000 740 L.F. $ 50.00 $ 37,000.00 18" RCP 0'-8' Class II 480 L.F. $ 23.00 $ 11,040.00 - 18" RCP 8'-10' Class II 280 L.F. $ 25.00 - $ 7,000.00 Standard M.H. 4'Dia.to 8"depth 17 Ea. $1,000.00 $ 17,000.00 Excess M.H. depth 78 L.F. $ 50.00 $ 3,900.00 Manhole castings 17 Ea. $ 150.00 $ 2,550.00 Rock excavations 14330 Cu.Yd.$ 25.00 $358,250.00 Drop section Manhole 1100 L.F. $ 100.00 $- 1,100.00 Granular Bedding 950 Cu.Yd.$ 3.00 $ 2,857.00 Fill Materal for berm 1500 Cu.Yd.$ 2.00 $ 3,000.00 Clear 6 Grub L.S. $ 2,400.00 Road Crossings 2 Ea. $2,500.00 $ 5,000.00 _. 27'k.R. Crossing 80 L.F. $ 100.00 $ 8.000.00 SUB-TOTAL $658,745.00 10% Contingencies $ 65,875.00 Total Construction Costs $724,620.09 25% Admin. Eng., Fiscal 6 Misc. $181,155.00 Total Estimated Construction Costs $905,775.00 Appendix "E" - - - - 3/26/79 1 � G VIP TRUNK SEWER C.R. #16 to C.R. 17 ITEM QUANTITY UNIT UNIT PRICE AMOUNT 18" RCP 0'-8' Class II 560 L.F. $ 23.00 $ 12,880.00 18" RCP 8'-10'Class II 170 L.F. $ 25.00 $ 4,250.00 18" RCP 10'-12' Class III 90 L.F. $ 26.50 S 2,385.00 18" RCP 12'-14' Class III 40 L.F. $ 28.00 - $ 1 ,120.00 18" RCP 14'-16' Class IV 20 L.F. S 30.00 $ 600.00 18" RCP 16'18' Class IV 20 L.F. $ 31 .50 S 630.00 21" RCP 16'-18' Class V 1090 L.F. $ 32.00 $ 34,880.00 21 " RCP 18'-20' Class V 430 L.F. $ 34.00 S 14,620.00 21 " RCP 20'-22' Class V 1400 L.F. $ 37.00 S 51 ,870.00 21 " RCP 22'-24' Class V 620 L.F. $ 39.00 $ 24,180.00 21" RCP 24'-26' Class D4000 140 L.F. $ 43.00 $ 6,020.00 21" RCP 26'-28' Class D4000 160 L.F. $ 45.00 S 7,200.00 21 " RCP 28'30' Class D4000 180 L.F. $ 48.00 $ 8,640.00 Standard M.H.4'dis.to 8'depth 10 Ea. $1 ,000.00 $ 10,000.00 Excess M.H. depth 108 L.F. $ 50.00 S 5,400.00 - Manhole Castings 10 Ea. -$ 150.00 - $ 11500.00 Rock Excavation 230 Cu.Yd. $ 25.00 $ 5,750.00 Granular Bedding 35 Cu.Yd. $ 3.00 $ 105.00 Clear & Grub L.S. - $ 1 ,300.00 Road Crossing 2 Ea. $2,500.00 $ 51000.00 21 " R.R. Crossing 80 L.F. $ 100.00 $ 8,000.00 > Sub-Total $206,260.00 10% Contingencies S 20,625.00 Total Construction Cost $226,885.00 25% Admin.,Engr., Fiscal & Misc. $ 56,720.00 TOTAL ESTIMATED CONSTRUCTION COST $283,605.00 APPFNDTX "F" 3/26/79 O C/ VIP TRUNK SEWER Co. Rd. #17 to Co Rd *79 ITEM QUANTITY UNIT UNIT PRICE AMOUNT 18" RCP 14'-16' Class IV 140 L.F. $ 30.00 $ 4,200.00 18" RCP 16'-18' Class 1420 L.E. $ 31 .50 S 44,730.00 18" RCP 18'-20' Class IV 1960 L.F. S 33.00 $ 64,680.00 18" RCP 20'-22' Class IV 980 L.F. S35.00 $ 16,800.00 Standard M.H. 4'dia.to 8'depth 9 Ea. $1 ,000.00 S 91000.00 Excess M.H. depth 87 L.F. $ 50.00 S 4,350.00 Manhole Castings 9 Ea. $ 150.00 5 1 ,350.00 Clear & Grub L.S. $ 2,700.00 Road Crossing 1 Ea. $2,500.00 $ 2,500.00 Sub-Total 5150,310.00 10% Contingencies S 15,030.00 Total Construction Cost $165,340.00 25% Admin., Engr. Fiscal & Misc. $ 41 ,335.00 TOTAL ESTIMATED CONSTRUCTION COST $206,675.00 TOTAL PROJECT COST $1 ,396,055.00 APPENDIX "E" I l� 5QI! BORING LOGS a LOCATIONS J M � B' r 1t r � I L C6 0 c 17 U a2 I o ' \ J S6------ v, i \ �2 1 83 i 1 K N O � h _ i \ G "I '• r, t 1 np J � �.t o Jn 30 X �Brlf ^ b '•\fes ; 7s ��� 'Sr >J� i �-4-3 9 t \ az YCGcpd_o.�cgNCN,Sr_T- Hoar - SYi. Y42�fwJ"D Fg-aa, '.�f .GaC. 3Vs - � - 1 . "Yt'c�••1.: pL^Nfb .Loco. .[jOG7I.�Gr-B.{ ' _ - 71 YZ, lot S,,ry 3�! 'es.A.eGfi •.16NPwo:. Srm/ :Zrd+i - :• !T' ..A- � � , ,.-�.'1 \ l21 YO u•.�..4Aw..a.6 .S!4t- pay Dwtim.,8!4e-Wd 3rcry SnN � r'C�tr✓� ZG: - - ' _.. - �. oF-w.+4C_ BRo w•j_,1<V. SwN ow 7 'S.twO jm f. ! NSNSl L/GNf ,!$;Cwr.J .FiQO1Nm To �V f• at YO La.,J varwLb S+cT ]o'! � 'Y6 La•..! O w.nN4C= Rec.G s •.• zip R- 1 VCLLV� OAnN6O S/(J < 2j : i �DSIW (A e)7 Eoc— L6K 76y2 (j o[.wG 8g i tc 74331 D+4t 6Lowu s/try s,cJD • 31 -:'h a,i r' -.. I On,C.0 !S L•✓JJ Snry sn..o ...Y.a(¢a y:?..6r!rrd tl S.L4 . S ?, GSwNGb bd✓wJ Sf.R!3F.:, - . ry ANO B 61 c4nYe.Y S.L ._J.(fyT 4.�syJ f/.16' rr HO D,VM Sn,+p G LA✓ Ot DAY - R t •+ - - tWt�,t SA-0 Cit A✓Ct GCOA..- Drt J L� 23y, 3/i LL•J.. 044MGD rCOG[• . - - 24,Itl -YCuw" ctnmLb �cK B oLcf69 CLCD )Ss,t �02��J— Lip ' P,u IC6/4orJCLCD X91 _ S.4ry I/1.a0 21 Hour - DAA,L GACNJ S,,. S.tuD c• •- OtiA rLO blow.) !i Cn O,Jr�. F/r,L SnND •�. �SAu46 f3RONJ F,rR SAMO .3101 / ]I YCLL•W OGAUGC /LOCK 4/cm, l3+4•w'1 <rR o HED,uti SA.., f � ' Hoar 1, GI . 17/ �/BLLOJ DA,n.ic6 2u< K . i B o f-I 8.. ------ Z4-444 7&4( = OoR _ OCi , ! ,A 7c3L 1 . 1 DAffC �}1`•P4I.V .t Jtl'�/ 3.4./p ' j �! ..ry43/' - a z' OnRK �R��J Snrq Snrp a SA-0 i ' - .. ' 61 ccnYG y S/cr- ,yo,1r .�1.LaNf. a,Le,vJfiN/C rte . . : HC D/VN SwrD f GRwY (�l .. CO Ait61Q4.c4a • . DG a { .G.-CAWOL .._pny / v Wi �= . . _ L/crr piLuyd NOD. „ T, �� cw•mc sn..o � G/[woCc craw.,- on 1' i ib'/4� -YCc[,,.,. c a.,,,cd /�-c spy� �Lq ccs•J "A-Ac :r-." p K J BaA=�9 CGCV. 7S,f O�L,Nb= . P.nRK B.�orJ CLCV. 791 t bcr'1 Sw.�o � Noah ona¢ '� atiw yCno,IS2o,,.fJ F,,.R Snerp � o ¢n.,ce d 1: RorJ Fr�2 snr/ p .� 10� ,� YCLL.W OtnuGC 2oCK � - HorJT 17/ /e4 ca.J on.na c C 2', Ic LCC✓, 73 ( F ELP✓, 7 3,4 t/ 6t.rcK GLwYCy swcr -.y stir OLw«cC bRet..J iii /1 Giwwtr /`/L.0�/ . .1 (M r.a C) b� YCc.e✓ o2w«cC f,.r- Owy l.cNl 6M.�✓ Sn.aV7 Le Nj .)idyl Y e c c...,l on.,.«c J .Lcc,L 130ff,..C, 6M � Vf.AYLC_T+Lpu1J �/i, DnMt- g,{r NV S.yJ� . SAMD �'/y Sic �wyp Pww«ttr 'S"04 1w✓p 3. YQ44r..! pbwwfJ Iltl ! LacK 2� ye.SY Y LLwy q� Ye•t•.. P6wNcm. LGtIC L.cOf 6Re.N Snep7 ,[�n^. Cwn.p �1 SI -yac•.« yFw«cC S.c/ S Rocw. _ N6 _ 8/-o@[ �� r �tyy, OCwCw s/tr- C�7/ r YO.c•...+ DA.w.+c p �C..cK �p G PRELIMINARY REPORT ON ESTABLISHING ASSESSMENT POLICIES AND RATES FOR THE VIP TRUNK SEWER GENERAL: The present city policy for assessing trunk sanitary sewer benefits is based upon the increased cost over the usual lateral sewer costs. The lateral cost is the cost of constructing an 8" sanitary sewer and is usually to be assessed to the property abutting the sewer. The trunk benefit, which is the cost of the pipe oversizing and any extra trench depth, is usually to be assessed ever the area served by trunk sewer. A tabulation of costs for various segments of the project and service - areas are shown in Table I. Also included are corresponding estimated equival- ent lateral costs, assessable footage with assessed rates. ALTERNATIVE ASSESSMENT METHODS: The VIP Trunk Sewer service area is such that several alternative methods of determining trunk and lateral assessment rates can be developed and the suggested alternatives are presented below. Table II is an assessment worksheet delineating the estimated costs for various segments of sewer construction and the corresponding computations of the assessments for the alternate methods of assessing the project costs. , The following is a description of the suggested alternate methods for determining trunk and lateral benefits for the VIP Trunk sewer. ALTERNATE I: To establish a uniform lateral rate of $20.00/ft.assessment for the entire project as estimated cost is determined for an 8" sewer at an average depth of 10-12 feet. The rate would be assessed to the entire project length on the basis of adjusted front footage . The balance of the project cost would be assessed at a single rate over the area within the City of Shakopee as a trunk assessment. The estimated trunk rate is $681/acre. APPENDTX F 'ALTERNATE II: The estimated lateral rate used is the same as Alternate I and the trunk rate is based on the project costs to Co. Rd. 17. Accordingly, the estimated trunk rate is 5733/acre. Alternate II would apply only if the project and intended service area did not extend beyond the proposed commer- cial area at the intersection westerly of Co. Rd. 17. ALTERNATE III: Two equivalent lateral costs have been estimated to reflect construction costs which differ significantly, mainly due to the costly excavation of lime- stone ledgerock north of Co. Rd. 16. Based on the estimates, the corresponding lateral assessment rates are 526/ft. north of Co. Rd. 16 and in the "Upper Valley" south of Co. Rd. 16. ALTERNATE IV: Using the same estimated lateral rates as Alternate III, the area north of Co. Rd. 16 would be assessed at a lateral rate of 526/ft. and the area in the Upper Valley a rate of 515/ft. Based on a project costs of $1 ,346,055.00 to Co. Rd. 79, a single trunk rate would be 5661/Ac. ALTERNATE V: Assess the project cost of the entire service area at a single trunk rate and no lateral assessment. The overall cost to provide service to the entire area for which the sewer is designed including 530 acres in Jackson Township, is $957 per acre with no consideration for lateral benefits. The overall cost to provide service to the area of the City of Shakopee only to be served is 51,235/acre with no consideration for lateral benefits. On the basis of total estimated lateral benefits of $626,200 and if the remaining project costs of $1 ,039,415 is assumed to be trunk sewer benefits, the estimated trunk rate is 5597/acre and the lateral rate is 520/foot. APPENDIX E l d G TABLE I ALTERNATE ASSESSMENT RATE COMPUTATIONS ALTA: Cost-of project from Shakopee Inter- ceptor to Co. Rd. 79 Uniform Lateral Cost & Uniform Trunk Cost ($20/frt.ft.lateral rate) (31 ,310) = S1,396,055 - S626,200 = $681/Ac. $626.200 1 ,130 ALT.II: Cost of project from Shakopee Inter- ceptor to Co. Rd. 17 Uniform Lateral rate & Uniform Trunk Rate ($20/frt.ft.lateral rate) (23,530) = S1 ,189,380 - $470,600_ $733/Ac. $470,600 mggp ALT.III: Separate Lateral Rates using single trunk rate for project from Shakopee Interceptor to Co.Rd.17 - ($26/frt.ft.lateral rate,no.of C.R.16) ($15/frt.ft.lateral rate Upper Valley) Lateral Cost No.of C.R.16 Trunk Rate $370,700 = $26/frt-.ft. 14,250 $1,189,380-(26)(14,250)-(15)(9,280) = 5695/Ac. Lateral Cost Upper Valley 980 $141,145 = $15.20 frt.ft. (use $15) 9,280 ALT.IV: Separate lateral rate, separate trunk rate Shakopee Interceptor to Co.Rd.79 ($26/frt.ft. lateral rate Ind.) ($15/frt.ft. lateral rate Upper Valley) S1 ,396,055-(26)(14,250)-(15) ;17,060) _ $68/Ac. ,1 30 APPENDIX F • x x l � C/ m � • n n n N n o y rt A 6 6 O C W O J Y u O b N n 0 0 c 0 0 �a °• m m r O O .o hl Y Y Y o H O O Y O, W R T � C9 N N N •O o m m o m m C. 1n O T w rn J nn O E vYi O to N O u In O � . rt � 7 Y Y S O O O O O O o 9 H Z O H V 4 O T. n to ro m O H � •° n n n ;' i ymy m •> °• V� Y O 9 C. N O 0 O w N O rt a \ \ n fh n m Y H G a to O• J O 17 M R a a a a N.j a ;n n O O O N A � oC_� OTHER METHODS TO RECOVER COSTS: The City may find it appropriate to consider methods other than special assessment to recover the cost of financing public imorovments. The other methods may also be considered as a financial means of providing for major maintenance cost, other trunk costs or for costs related to pro- viding for trunks, i ,e. , easements, special studies, etc. An example of a sewer that is now in a condition that will require major repairs is the "River Interceptor" along the Minnesota River. Most of the so-called "other methods" are based on a policy of collecting a "hook--up" or connection charge at the time when the facility is to be put into use by an individual when a connection to the trunk is made. A sewer hook-up charge could provide a fund to finance needed re- construction and major repair projects, in addition to financing part of new construction. Property that is assessed for improvments and deferred under "Green Acres" provisions and the deferments may create finance problems since the 1 assessment cannot be collected when needed by the City. Consideration might be given to using the fund created by the sewer hook-up to alleviate deferred assessment collection problems. This report does not include a study of connection- charge amounts since it would be City wide and not be confined to one project. APPENDIX F 1 :.j 7.7T A ; �I 1 i IA • r p I r m j 0 � � I � ¢ 8 S N � p .p. a 'a n d I 0 I o IJ_ Supplemental Data/c _ ' May 30,1979 ANALYSIS OF MWCC SHAKOPEE INTERCEPTOR A. 42" "SHAKOPEE INTERCEPTOR - MWCC - 6904 Limiting Capacity 42" @ 0.04% grade Maximum Capacity = 21.86 cfs = 1.4.10 MGD Average Capacity = - 21.86 = 2.3 (F.V.F.) = 9.50 cfs = 6.13 MGD Present Maximum Flows.- 1. lows:1. MWCC Lift Station @ 2500 gpm 5.57 cfs - 3.59 MGD 2. Valley Fair Lift Station @ 1200 gpm = 2.68 cfs = 1.73 MGD Max. flow Sub-total 8.25 cfs 5.32 MGD 3. Direct Lateral Flow from Industry (Ave.) 920 Ac. @ 2000 gad 1.84 MGD Direct flow max. 1.84 % 2.3 = 4.23 MGD TOTAL MAX FLAW - 42" 9.55 MGD 42" Shakopee Interceptor Reserve Capacity (Max Flow) = 14.10 - 9.55 = 4.55 MGD (Ave Flow) = 4.55 : 2.3 = 1.98 MGD E. 36" SHAKOPEE INTERCEPTOR - MWCC - 7023 Limiting Capacity = 36" @ 0.05% grade = 16.20 cfs - 10.45 MGD Ave. Capacity - 16.2 - 2.4 = 6.75 cfs = 4.35 MGD I. MWCC Lift Station @ 2500 gpm = 3.59 MGD 2. Direct lateral Flow from Industry 90 Ac. @ 2000 gad (Ave.) = .18 MGD Direct flow max.= .18 x 2.4 - .43 MGD TOTAL MAX. FLOW - 36" 4.02 MGD 36" Shakopee Interceptor Reserve Capacity (Max Flow) 10.45 - 4.02 = 6.43 MGD (Ave.Flow) = 2.68 MGD Use 1.98 MCD (42" Pine Cap.) z H, H JI Py Q � S _W H U 7 H ^ I N C � U m V V V1 vl � m n n m o. m ❑ � U H F W d W T h w w m N � w Q F Z y U n 3 L Li d O U r C rn .d V V .p m N N V c � > vWi F d p0 S' .� d � � f'1 (•1 1�1 l•1 1'1 l"1 N N N V Q H i 3 D Q � � w 0 •O^� m F n .a F .a m n n m n O b .. .-I .. t. v. N . m ❑ m 3 t:l O o O O O o 0 0 o m o 0 0 pO 0 0 E 0 0 w = y0 •O 9 •O iG C V K H H - -- ----- - - - - a a o d m H d M _ �" O 0 H S C1 W •w ❑ U m 6 F 3C O L .UHr C Z � J• u -� z o w w ❑ � m i •�- Z,` ! MEMO TO: John K. Anderson, City Administrator FROM: Steve Hurley, Engineering Technician SUBJECT: 2nd Avenue Parking Lot Landscaping, Contract No. 1986-7 DATE: July 2, 1987 INTRODUCTION: Council action is required for a resolution accepting work on the 2nd Avenue Parking Lot Landscaping Project. BACKGROUND: All of the work for this project has been completed by Noble Nursery, Inc. , 10503 Troy Lane , Maple Grove , MN 55369 in accordance with the contract documents. The Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No, 2750, A Resolution Accepting Work on the 2nd Avenue Parking Lot Landscaping, Project No. 1986-7 , and move its adoption. KA/pmp CERTIFICATE OF COMPLETION CONTRACT NO, : 1986-7 DATE: July 7, 1987 PROJECT DESCRIPTION: 2nd Ave. Parking Lot Landscaping CONTRACTOR: Noble Nursery, Inc. 10530 Troy Lane Maple Grov MN 55369 ORIGINAL CONTRACT AMOUNT . . . . , , $ 40,896.03 QUANTITY CHANGE AMOUNT . , ' $ 40. 35 CHANGE ORDER NO, 1 THRU NO, 2 AMOUNT , . , $ 7,420.00 FINAL CONTRACT AMOUNT ' $ 48,356.38 LESS PREVIOUS PAYMENTS . , , , , , $ 48,356.38 FINAL PAYMENT . , , , , , , , . $ I, hereby certify at the above described rk was inspected under my direct super Sion and that, to the best f my belief and knowledge, I find th the some has been fully comp ted in all respects according o the contract, together with any odifications approved by City C uracil , I, therefore, recommend above specified final payment be ode to the above named Contractor, Professional ngineer " _" _ CERTIFICATE OF COMPLETION CONTRACT NO. : 1986-7 DATE: July 7, 1987 PROJECT DESCRIPTION: 2nd Ave. Parking Lot Landscaping CONTRACTOR: Noble Nursery, Inc. 10530 Troy Lane Maple Grove, PAN 55369 ORIGINAL CONTRACT AMOUNT , , , , , , , , , , , , $ 40,896.03 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ 40. 35 CHANGE ORDER NO, i THRU NO, 2 AMOUNT , , , $ 7,420.00 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 48,356. 38 LESS PREVIOUS PAYMENTS , , , , , , , , , , , , , $ 48,356. 38 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ -0- 1, 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 some has been fully completed in all respects according to the contract, together with any modifications approved by City Council , L therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer Ic-t 3a Minnesota Department a nevenue R /O y Iev.)/051 Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions Name of c/�','yac ' Minnesota Wanlifwauon number /yON = : ��r�, (il none,reetl instructions) ausi eseaddress syr- 95979 io55P i L L/Ir F Area woe and telephone number Ciry,town or pose allies State /v C.-�✓P // CIT OF SHAK �r,,.m Check the ox which describes your involvement in this project (read definitions on other side) ❑ Prime contractorontractor ❑ Subcontractor z�-g�l $(o Prgeq bteapn n Propclacontrectoumper Periotl at n ctlMonth/Year 9�6 - P ra Name of Onnewta govemmanlal unit 10 hich work was pedonned Total amount of contract Amtran ue f of 5 /ia P �3%�..3P �z Addressof innewta governmental it Ddy,town or post office Zip cwe ,K- 15 f- d 3 �n Did you pay or supervise the payment of persons employed on this contract? Yes ElNo If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 Yes ❑ No Have you filed all required withholding returns and deposited tnnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? )Yes ❑ No If you are a subcontractor,list your prime contractor's business name and address. Name) If you are a contractor or subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list yo subcontractors, attach a separate sheet.Also you must attach certified affidavits of your subcontractors and sign below. Nam and address Name and address Name and address Name antl address Name and address Name and address I declare under the penalties of criminal liability for willfully making a false statement, Nat the above sialements are true and correct to the best of i knowledge and belief. Sign Here u signature Tule Date Certificate of Compliance with Minnesota Statutes 290.92 and 290:97-- -- ----- -� - --_-- Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the abov contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholdin of income tax on wages paid�t���mployees and Minnesota Statute 290.97 relating to contract services-with the State i Minneso of its go o I or political subdivisions. - r �r JUN 16 1987 g etl Department of Rrwrasensi - Date RESOLUTION NO. 2T50 A Resolution Accepting Work n The 2nd Avenue Parking Lot Land aping Project No. 1986—T WHEREAS, pursuant to a written cont act signed with the City of Shakopee on June 23, 1986, Noble N sery , Inc . , 10503 Troy Lane , Maple Grove, MN 55369 has s isfactorily completed the Landscape Construction, in accordance with such contract. NOW, THEREFO BE IT RESOLY BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, NNESOTA tha the work completed under said contract is hereby ace ted and proved. Adopted in session of the City Council of the City of Shakopee, Minne ta, held this _ da of 19 Y Mayo of the City of Shakopee ATTEST: City Clerk Approved as form this day of 19 City Attorney l° kl- RESOLUTION NO. 2750 A Resolution Accepting Work On The 2nd Avenue Parking Lot Landscaping Project No. 1986-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 23, 1986, Noble Nursery , Inc. , 10503 Troy Lane , Maple Grove , MN 55369 has satisfactorily completed the Landscape Construction, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that thework completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 19 _ Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee r' SUBJECT: Layout Approval for the Shakopee Bypass Resolution No. 2744 DATE: July 1 , 1987 INTRODUCTION A BACKGROUND: The Minnesota Department of Transportation ( Mn/DOT) requires layout approval of the T.H. 101 Shakopee Bypass to proceed with detail plans. As indicated in the attached letter from Bill Crawford, Mn/DOT has two design alternatives at the west end of the project were the bypass ties into T.H. 169. Alternative A provides for an at-grade intersection of the two roadways with signalization for traffic control . Alternative B provides for free flowing movements between the roadways with grade separated crossings which require bridges. Alternative B is considerably more costly than Alternative A. As of now, Alternative A is being programmed for with hopes of additional funding to accommodate Alternative B. Resolution No . 2744 provides for approval of the two alternative layouts. The layouts are on large non-reproducible drawings. If Council members wish to review the layouts prior to acting on Resolution No. 2744, they may review them at my office. I will plan to make myself available from 6 :30 P.M. to 7 :00 P.M. , July 7 for their convenience. RECOMMENDATION: Adopt Resolution 2744. REQUESTED ACTION: Offer Resolution No. 2744, A Resolution of Layout Approval for the Trunk Highway 101 Bypass from Proposed Trunk Highway 41 to County State Aid Highway 15 and move its adoption. KA/pmp LAYOUT Minnesota 4/ yo Department of Transportation District 5 ;gym spm 2055 No. Lilac Drive TOFrn�' Golden Valley, Minnesota 55422 May 11, 1987 (612)593- 8403 Ken Ashfeld, City Engineer City of Shakopee 129 East First Avenue Shakopee, NN 55379-1376 Re: S. . 7005-42 (T.H. 101) Sh opee Bypass Layo t 1C, Alts. A and B From H. 41 to CSAH 15 Dear Ken: Please find encl ed the latest ayout plans for the westerly portion of Shakopee Bypass. out 1C. Al ernatives the A & B present the alternatives for stage tonstruc[fon o the T.H. 69/101 and proposed T.H. 41 interchange. Alternative A provides at rade signalized intersection for T.H. 169/101. Alternative B provides a -flow traffic movement for the major traffic volumes between T.H. 169 a .H. 101 with an at-grade intersection on T.H.169 for the minor traffic mov ent The city of Shakopee pr fously a roved the Shakopee Bypass December of 1978. Tho lan a P for layout plans in P 1980 is formed the basis for the official map adoption and imp lemen tion in 1980. In order to move for and on the bypass c struction commencing in November of 1988 with the first contract letting, city proval of the staged layout plans is requested. If you have any q estions concerning the layout lans, contact Mr. Carl Hoffstedt (593-8 40). Mr. Tim Johnson is our dis ict design engineer the project and any questions relating to detail de n should be directed to him (593-85 ). Sincerel jj, ' L_7 w/" . Crawfor P.E. District Engineei Enclosures: ` An Ea,-,a! 0ppur:u n¢y Employer •®rnc a`"MESOry Minnesota '9/ Zo Department of Transportation le District 5 2055 No. Lilac Drive yr of rnr+� Golden Valley. Minnesota 55422 May 11, 1987 (612)593. 8403 Ken Ashfeld, City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Re: S.P. 7005-42 (T.H. 101) Shakopee Bypass Layout 1C, Alts. A and B From T.H. 41 to CSAH 15 Dear Ken: Please find enclosed the latest layout plans for the westerly portion of the Shakopee Bypass. Layout 1C, Alternatives A & B present the alternatives for stage construction of the T.H. 169/101 and proposed T.H. 41 interchange. Alternative A provides an at—grade signalized intersection for T.H. 169/101. Alternative B provides a free—flow traffic movement for the major traffic volumes between T.R. 169 and T.H. 101 with an at—grade intersection on T.H.169 for the minor traffic movements. The city of Shakopee previously approved the Shakopee Bypass layout plans in December of 1978. Those plan approvals formed the basis for the official maD adoption and implementation in 1980. In order to move forward on the bypass construction commencing in November of 1988 with the first contract letting, city approval of the staged layout plans is requested. If you have any questions concerning the lavout plans, contact Mr. Carl Noffstedt (593-8540). Mr. Tim Johnson is our district design engineer on the project and any questions relating to detail design should be directed to him (593-8503). Sitterel ' L cO'P�' A/ Crawfor ; p.E. / District Engineer Enclosures: Art Ecua! n�.,..-:ur:... r RESOLUTION NO. 2744 A Resolution Of Layout Approval For The Trunk Highway 101 Bypass From Proposed Trunk Highway 41 to County State Aid Highway 15 WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 187 renumbered as Trunk Highway No. 101 within the corporate limits of the City of Shakopee, from the West Corp limits to CSAR 15; and seeks the approval thereof, and WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1C (Alt. A and B) S.P. 7005-42 (101=187) from proposed T.H. 41 to CSAH 15 NOW, THEREFORE, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. 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 llb ADMINISTRATIVE POLICY NO. 115 Subject : Giving Flowers , etc. Date Adopted: January 9, 1985 Source of Authority: Department Head Staff Meetin� 1. The City will pay for and send flowers to Councilmembers , employees and their immediate families as defined in the Personnel Policy for hospitalization or death in the family. ',I 2. All board and Commission members will receive a get—well card or the equivalent paid for by the City. No cards will be sent to board and commission members ' spouses or family members . 3. People can do things on their own, if they wish. I