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HomeMy WebLinkAbout10/20/1987 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: October 15, 1987 1. The Shakopee Area Catholic Schools are applying again, for 1988, for a raffle license. They meet the requirements -of_. _ the City Code for charitable gambling. 2 . The City received a surcharge rebate for building permits in the amount of $10,251.96 or about 43.25% of the amount collected and sent to the State. 3. Attached is a memo from Ken Ashfeld regarding thepermanent effects of traffic volumes on T.H. 101 in Shakopee as a result of the flooding that closed I-494 in Bloomington this spring. 4. Attached is a communication from Representative Arlan Strangeland regarding legislation he has sponsored for comprehensive welfare reform. 5. Attached is a News Release from the Minnesota Department of Revenue regarding Levy Limit Appeals. 6. Attached are the quarterly bills from Krass and Monroe. 7. Attached are the minutes of the October 1, 1987 meeting of the Shakopee Coalition. 8. Attached are the minutes of the August 31, 1987 meeting of the Shakopee Public Utilities Commission. 9. Attached are the minutes of the September 24, 1987 meeting of the Energy and Transportation Committee. 10. Attached are the minutes of the September 9, 1987 meeting of the Downtown Ad Hoc Committee. 11. Attached is the agenda for the October 22, 1987 meeting of the Planning Commission. 12. Attached is the Revenue and Expenditure Report as of September 30, 1987. 13. Attached is the Program Costs by Department as of October 14, 1987. 14. The Scott County Auditor will be conducting a public accuracy test, required by law, on the AIS optical scanner for the upcoming election. The test will take place at 8:00 p.m. on October 27th in the office of the County Auditor. This is open to the public. You are invited to attend if you desire. 15. Attached is a memorandum from Ken Ashfeld along with the consultant' s report on the traffic study done for the Starwood EAW. Please call Ken with if you have questions. This will be discussed at the Council meeting tentatively set for October 27th. SKA/jms -71 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer)o ' SUBJECT: T.H. 101 Traffic Volumes DATE: October 6, 1987 Some time ago, you asked me to check into the possibility of long term or permanent effects to traffic volumes on T.H . 101 in Shakopee as a result of the closing of I-494 in Bloomington during the floods . I have asked Mn/DOT to look into this possibility . Joel Katz , District 5 Mn/DOT Traffic Engineer, responded today indicating that they felt there was no change as a result of the freeway closing. KA/pmp TRAFFIC AFLAN STANGELAND o,xcss. rrx°ismmn..xxersor. xx.s w.euw xo"ss nxcs ewwi.s o""ir.sss w.,sxwsmx��.s ixozi zzs-z,es �NS�"ATION° congress of the United tater " D,� w " me,nrem, Uouse of `gresenratines �Leww 6i LLWO. Vashington, BE 105 5 October 7, 1987 RECEIVED Dear Friend, OCT1 31991 There is a general feeling across the nation that t1Tj,axfleAK0PEE welfare system in this country is not performing as orginal y intended. I have sponsored legislation, H.R. 916, aimed at comprehensively reforming a welfare system that has grown bloated and abused. HE 916 would require physically able welfare recipients to perform community service work in exchange for their welfare checks. This program, normally referred to as "workfare, " would exempt people under age 16 and over 65, the disabled, people already working and people with small children. Almost everyone else would be required to work for their welfare benefits. my legislation has the support of seventy House members from both political parties. They, like me, realize that the average American is concerned that too many people have become dependent upon welfare programs and appear to be comfortable on the .public welfare rolls with little apparent incentive to change. A variety of studies of the "workfare concept" have indicated increased employment and earnings, as well as higher self-esteem, to be among the results of "workfare" programs adopted by some states. Even so, the Leadership of the House of Representatives does not appear intent on pursuing a bill that includes the "workfare" provisions I have discussed. Instead, they have drafted a bill that generally concentrates on allocating more public monies than are disbursed currently. According to the non-partisan Congressional Budget office, this bill would cost taxpayers $5.3 billion over five years. To me, this is simply more welfare , and not true welfare reform. History teaches us, over-generous welfare payments do nothing but discourage productivity, create dependence and place undue tax burdens on the employed. - While it is important that we adequately provide for the disadvantaged, it is equally important that we foster economic opportunity and freedom. "Workfare" allows the opportunity of a meaningful and rewarding work experience . I will continue to work for the passage of HE 916 , for the good of the country. I rely, rlaland, M.C. News Release Minnesota Department of Revenue 658 Cedar St. RECEIVEDSt. Paul, MN 55145 OCT 1 5199] Contact: Alice Pepin Date: October 1 (612) 296.1942 For Immediate Release CITY OF SHAKOPEE Revenue Department Grants 115 Levy Limit Appeals St.Paul--Final decisions were announced today by the Minnesota Department of Revenue on 160 requests by cities and counties that they be allowed to raise their 1988 property tax levies above the three percent limit set by the 1987 Minnesota Legislature. The department authorized 81 cities to increase their property taxes by$18 million and 34 counties to increase their levies by$55 million, according to Revenue Commissioner Tom Triplett. The authorization represents a three-percent increase in total state-wide city levies of$600 trillion and a six percent increase in total county levies of$930 million.The department denied requests from 38 cities and seven counties. Triplett said many of the cities and counties are not expected to levy the full amount authorized by the department because they had not determined thew 1988 budgets by August 21 when the appeals were due,and requested additional levy authority to use only if it is needed,he said. The Legislature adopted the stricter levy limits and the appeal process only for 1988. Beginning in 1989,the normal levy limits used in Minnesota since 1971 will apply. These limits provide more local discretion and no appeal process. However,Triplett said state-imposed levy limits are not acceptable ways of controlling spending by local governments. The process underscores the need for major reform of the property tax and local aids system,which would make levy]'amts unnecessary in the future,he said. "Local governments should be accountable to their electorate for their spending decisions," Triplettsaid. "That approach is really the basis for overall property tax and local aids reform." Triplett said that the major reason for approving levy limit appeals was that many local governments and counties had depleted their reserve funds in 1987 and would have to levy taxes in 1988 in order to provide the same services. The second reason for approvals was the increased costs of state-mandated programs in 1988 compared to 1987. The most frequent case was that of"comparable worth," a 1984 state law requiring local government review of employee salaries and compliance by Aug. 1, 1987. Other cases involved state mandates for more judges,new jails and 911 emergency phone service, Triplett said. Appeals based on the loss of federal revenue-sharing funds were rejected, since the Legislature specifically repealed this exception from levy limits,he said. Appeals based on locally defined needs or changing local situations,without a state mandate,were also rejected. There are 855 cities and 87 counties in Minnesota. Summary of Levy Limit Appeals* Cities & Counties Cities. Counties Tstal Total Applied 119 41 160. Total Approval 24 15 39 Partial Approval 57 19 76 Total Denied 38 7 45 Amount Requested $29,118,729 $81,413:640 $110,5321369 Amount Granted $17,902,261 $54,870,176 $72,772,437 Amount Denied $11,216,468 $26,543,464 $37,759,932 * Prepared by Local Government Aids&Analysis,Minnesota Department of Revenue Questions on the appeals procedure should be directed to: Richard Gardner,Local Government Aids and Analysis Division, (612) 296-2286 KRAES & MONROE CHARTERED - 327 South Marschall Road =V=!,1-D Shakopee, MN 55379 -r._ JUL3 11901 CITY OF SHAKOPEE City of Shakopee BILLING DATE 07-30-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) -- Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 18-11373002-1 General $133.90 $775.60 $133.90 -- - $775.60-- - 18-11373117-1 Prior Lake Spring Lk Watershed Dist $46.50 $50.00 $46.50 $50.00 18-11373137-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 19-11373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 18-11373158-1 Racetrack bond issue $0.00 $0.00 50.00 $0.00 18-11373161-1 Shakopee Recreation TIF $0.00 $0.00 $0.00 $0.00 19-11373164-1 101 Frontage Acquisition $0.00 $0.00 $0.00 $0.00 18-11373177-1 Mining CUP $0.00 $0.00 $0.00 $0.00 1B-11373194-1 condemn for rd to PH Addn (BILL APP) $212.00 $124.50 $212.00 x124.50 DO YOU HAVE A WILL? 445-5090 PAGE. 2 City of Shakopee BILLING DATE 07-30-87 . 129 1st Ave. E. - Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance -------- ------- -------- ------- 18-11373185-1 Alltech Engineering Corp. $0.00 $0.00 $0.00 $0.00 18-11373187-1 101 Bypass $0.00 $0.00 $0.00 $0.00 18-11373188-1 NSP Dispute over poles $0.00 - $0.00 $0.00 $0.00 1B-11373189-1 Merchants Hotel Renovation $0.00 $0. 00 $0.00 $0.00 - 18-11373192-1 Meyer Suit $0.00 $0.00 $0.00 $0.00 18-11373195-1 City Hail Bonds $0.00 $0.00 $0.00 $0.00 18-11373196-1 Sewer Capacity Issues $0.00 $0.00 $0.00 $0.00 18-11373197-1 Annexation - Vierling $0.00 $0.00 $0.00 $0.00 18-31373198-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0_00 - 18-11373199-1 City Hall Bond issue $0.00 $0.00 $0.00 $0.00 1B-11373200-1 Eminent Domain (Perry - BILL PROJECT) $30.00 $285.00 $30.00 $285.00 PAGE 3 City of Shakopee BILLING DATE 07-30-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings - Received Balance -------- -------- -------- ------- 18-11373201-1 Minnesota Valley Restoration Project $372.00 $474.50 $372.00 $474.50 I8-11373202-1 Brambilla Purchase $62.00 $0.00 $62.00 $0.00 18-11373203-1 Schesso Boat Complaint $186.00 $0.00 $186.00 $0.00 18-11373204-1 Starwood $31 .00 $15.50 $31 .00 $15.50 18-11373205-1 L&D Trucking $0.00 $725.00 $0.00 $725.00 18-1373177A-1 Scott Cty. Lumber $25.00 $50.00 $25.00 $50.00 18-1373177B-1 Shakopee Lumber Co. Appeal $12.50 $0.00 $12.50 $0.00 18-51373002-1 General $0.00 $0.00 $0.00 $0.00 18-51373144-1 Chard $0.00 $0.00 $0.00 $0.00 18-51373153-1 Hardrives Suit $0.00 $0.00 $0.00 $0.00 18-71373191-1 Purchase from Delores Hoy $0.00 $0.00 $0.00 $0.00 PAGE 4 City of Shakopee BILLING DATE 07-30-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 19-81373011-1 Prosecutions _ $874.50 $1 ,612.00 - $874.50 $1 ,612.00 ---------------------------------------------------------- TOTAL _--- --- $1-,985.40 - $4, 112. 10 $1 ,985.40 $4, 112. 10 KRASS & r':ONRDS CHARTERED /• 327 South Marscnail Road RC^=11/ - Snakopee, MN 5579 .._. • ED SEPO 11987 C'TY OF SHAKOPee City Oi Shakopee BILLING DATE 06-29-S7- 129 1st rive. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 16-11373002-1 General $775.60 $334.50 $775.60 $334.50 16-11373117-1 Prior Lake Spring Lk Watershed Dist 550.00 $12.50 $50.00 $12.50 IB-11373137-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 16-11373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 50.00 16-11373156-1 Racetrack bond issue $0.00 $0.00 50.00 50.00 .D-11373161-1 Shakopee Recreation TIF $0.00 50.00 $0.00 50.00 15-11373164-1 101 Frontage Acquisition $0.00 $0.00 50.00 50.00 -8-11373177-1 Mining CUP $0.00 $0.00 50.00 s0.00 .6-11373183-1 Toro Bonds $0.00 $20.46 50.00 $20.46 MMM:eMMMMMM%MMMM%MMMMM%MMMMna'%M%MMMMMMMMM%MMMxMMMMMMMMM%MMM%M•: PLEASG INCL, cv bli•H PAYMENT . MM%MMM%M%MMMMr.%M%MMMMMM" ♦ ou H>"%%Mk %M%M%%%%%MMMM'M%%M% PAGE �- City Of Shakopee 129 1sst Ave. E. BILLING DATE 09-26-67 Shakopee, MN 55379 C L I E N T S U M M A R Y i Account Number RE Line(s) Previous IJew Payment Current Balance Billings Received -------- Balance ie-31373184-1 condemn T'or rd to PH Adon (BILL APP) $124.50 -579. 42 $124.502 $578.4_ i2-11373125-1 Alltech Engineering Corp. 50.00 $0.00 $0.00 $0.00 12-11373197-1 101 Bypass $0.00 $0. 00 - $0.00 i $0.00 19-11373.182-1 NSP Dispute over poles $0.00 - $0.00 $0.00 $0.00 16-11373189-1 Merchants Hotel Renovation 90.00 50.00 $0.00 $0.00 _E^11373192-1 Meyer Suit $0.00 $O.UO $0.00 90.00 ' S-11373195-1 City Hall Bonds - $0.00 $0.00 $0.00 $0.00 - 9-11373196-1 Sewer Capacity Issues $0.00 $0.00 $O.OU 50.00 -2-11373197-1 Annexation - Vieriing 50.00 $0.00 50. 00 50.00 11373196-1 - Downtown Reoeveiopment sO.OG $0.00 $0.00 $p.OG 6-11373199-1 City Hall Bono Issue $0.00 sO.OU 50. 00 $0.00 6-11373200-1 Eminent Domain (Perry . - BILL PROJECT) i s2S5.00 $419.00 $295.00 7,419.00 ' • PAGE . . City o4 Snakopee 9ILLING DATE 06-26-67 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Numoer RE Line( s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 1B-111-7Z201-1 Minnesota Valley Restoration Project $474.50 $613.92 $474 .50 $613.92 18-11373202-1 Brambilla Purchase $0.00 $0.00 $0.00 $0.00 18-11373203-1 Schesso Boat Complaint 50.00 $62.00 $0.00 1,62.00 1B-11373204-1 Starwood $15.50 $443.92 $15.50 $443.92 16-11373205-1 L&D Trucking $725.00 $750.98 $725.00 $750.98 :8-11573206-1 Ferguson Torrens $0.00 $15.50 $0.00 515.50 16-1373177A-1 Scott Cty. Lumoer $50.00 50.00 $50.00 $(). 00 :6-1373177B-1 Shakopee camber Co. Appeal 50.uu $12.50 $0.00 $12.50 t8-51373002-1 General 50.00 $0.00 50.00 $0.00 .8-5;«73144-1 Chard 50.00 50.00 $0.00 $0.00 :8-51373153-1 Narprives Suit $0.00 $0.00 $0.00 $0.00 • PAu-n 4 City of Shakopee 129 1st Ave. E. BILLING DATE 08-26-87 Shakopee, MN 55579. - C L I E N T S U M M A R Y Account Number RE Linels) Previous New t Balance Payment Current Billings Received -- ----- 19-83373011-1 Prosecutions $1 ,612.00 $1 ,714 .0() 51 ,632.00 $1 , 714.00 TOTAL ------------- $4, 112. 30 $4,976. 70 $4, 112. 10 $4 ,976.70 KRASS & MONROE CHARTERED 327 South Marscnall Roa, P Shakopee, MN 55379 City of Shakopee BILLING DATE 09-30-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billinqs Received Balance 18-11373002-1 General $334.50 $302.00 $334.50 $302.00 18-11373117-1 Prior Lake Spring Lk Watershed Dist $12.50 $12.50 $12.50 $12.50 18-11373137-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 18-11373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 18-11373158-1 Racetrack bond issue $0.00 $0.00 $0.00 $0.00 1B-11373161-1 Shakopee Recreation TIF $0.00 $31 .00 $0.00 531 .00 IB-11373164-1 101 Frontage Acquisition $0.00 $0.00 $0.00 $0.00 .9-11373177-1 Mining CUP $0.00 $152.00 $0.00 $152.00 :8-11373183-1 Toro Bonds $20.46 $0.00 $20.46 $0.00 MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMXMMMMMMMXMMMMMMMMMM> PLEASE INCLUDE COPY WITH PAYMENT. MMMMMMMMMMMMMMMMMMMMMMMMMMMTHANK POLI: MMMMMMMMMMXMMMMMMMMM*MMM PAGE 2 City of. Shakopee BILLING DATE 09-30-87 129 1stAve. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line( s) Previous New Payment Current Balance Billings Received Balance -------- 18-11373184-1 condemn for rd to PH Addn(BILL APP) 4578. 42 $115.00 4578.42 $115.00 1B-11373185-1 Alltech Engineering Corp. $0.00 $0.00 $0.00 $0.00 IB-11373187-1 101 Bypass $0.00 $0.00 $0.00 50.00 18-11373188-1 NSP Dispute over poles $0.00 $0.00 $0.00 $0.00 18-11373189-1 Merchants Hotel Renovation $0.00 $0.00 $0.00 $0.00 18-11373192-1 Meyer Suit $0.00 $0.00 $0.00 80.00 16-11373195-1 City Hall Bonds $0.00 $0.00 $0.00 $0.00 I9-11373196-1 Sewer Capacity Issues $0.00 $0.00 $0.00 80.00 1S-11373197-1 Annexation - Vierling $0.00 80.00 $0.00 $0.00 18-11373196-1 Downtown Redevelopment 50.00 $0.00 a0.00 50.00 1E-,11373199-1 City Hail Bond Issue $0.00 $0.00 x0.00 50.00 18-11373200-1 Eminent Domain (Perry - BILL PROJECT) $418.00 $109. 00 $418.00 $109.00 PAGE 3 City of Shakopee BILLING DATE 09-30-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line( s) Previous New Payment Current Balance Billinos Received Balance -------- -------- -------- ------- 18-11373201-1 Minnesota Valley Restoration Project $613.92 $46.50 $613.92 $46.50 1B-11373202-1 Brambilla Purchase $0.00 $0.00 $0.00 $0.00 - IB-11373203-1 Schesso Boat Complaint $62.00 $0.00 $62.00 $0.00 18-11373204-1 Starwood $443.92 $2,383.90 $443.92 $2,383. 90 18-11373205-1 L&D Trucking $750.98 $199.00 $750.98 $199.00 16-11373206-1 Ferguson Torrens $15.50 $39.00 $15.50 $39.00 18-11373207-1 Fiscal Disparities Tax Increment $0.00 $31 .00 $0.00 $31 .00 18-11373206-1 Fire Dept. Fox Dismissal $0.00 $46.50 $0.00 $46.50 18-1373177A-1 Scott Cty. Lumber $0.00 $0.00 $0.00 $0.00 18-13731778-1 Shakopee Lumber Co. Appeal $12.50 $2,005.00 $12. 50 $2,005.00 IB-51373.144-1 Chard $0.00 $0.00 $0.00 $0.00 PAGE 4 City ofShaBILLING DATE 09-30-87 129 1stst Ave.Ave. E.E. Shakopee, MN 55379 C L I E N T S U MM- A R V Account Number RE Line( s) Previous New Payment Current Balance- Billings Received Balance -------- ________ 1B-51373153-1 Hardrives Suit %0.00 $0.00 $0.00 60.00 19-81373011-1 Prosecutions -$1 ,714.00 $1 ,644.30 $1 ,714 .00 $1 ,644.30 ________ TOTAL $4,976.70 $7, 116.70-----$4,976 70-----_-$7, 116.70 7 SHAKOPEE COALITION MEETING MINUTES - OCTOBER 1, 1987 The meeting was called to order by Chairman Brian Norris at 7:00 AM in the Citizens State Bank Community Room. Members Present: David Hart (ExtensionService), Debra Bates, (Community Education, Brian Norris (Citizens State Bank), Joan Salter (Food Shelf),Jerry Knutson (Minnesota Correctional Facility-Shakopee), (Claude Kolb)Lions Club, Barb Richardson (St. Francis Regional Medical Center), George Muenchow (Shakopee Community Recreation). Debra Bates was welcomed into the organization. She briefly shared that she was the new Community Education Director for Shakopee Schools being responsible for many lifelong educational programs sponsored by the school that formerly had been delegated to Shakopee Community Services. Her office is in the School District Office. Joan Salter reported on the Food Shelf: In September: 1. In the two counties 231 families served 2. In Scott County 157 families served 3. In Scott County 531 individuals served 4. In Shakopee 171 individuals served 5. In Shakopee 58 households served The Food Shelf is now located at 1257 Marschall Road. An Open House is scheduled for October 6 from 1:00-8:00 PM. Looking ahead there will be an opportunity to nominate officers for 1988 at the next meeting. Barb Richardson reported that St Francis Health Care Foundation and St. Francis Auxiliary are sponsoring a "Festival Of Trees" fund raiser at Hazeltine Golf Club November 20-22. Activities to include viewing and selling 25 professionally designed Christmas Trees, Gift Boutique, Food 6 Entertainment, Door Prize Raffles, and more. Tickets are $2 at the door with a lesser fee for Sr Citizens and groups of 20 or more. Proceeds to be applied to the Emergency Care Program which provides vital life support services to people living in the area (and beyond). Chairman Norris announced that Barbara Weckman has been designated as the recipient of the "Volunteer Of The Month" award and will be presented her certificate next month. Barbara is a volunteer leader in the Scott County 4-H Program. Items "on hold" include the Crisis Numbers Newspaper Directory and the condensed Organization Directory. There will be a Benefit Bingo at Little Six on October 30 at noon with proceeds to go to the County R.S.V.P. Program. The Chamber of Commerce will celebrate the opening of their new office/tourism center building on October 7 at noon. The meeting was adjourned at 8:00 AM. Respectfully submitted, �q�{— -.vim �g George F. Huencbow, Secty. g MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August 31, 1987 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kephart and Kirchmeier. Also Manager Van Bout, Secretary Menden and Liaison Wampach. Commissioner Cook was absent. Motion by Kirchmeier, seconded by Kephart that the minutes of the August 3,1987 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 American Freight System, Inc. 48.60 A T and T _ 18.57 Auto Central Supply 26.43 Border States Electric Supply 414.30 Burmeister Electric supply 1,858.50 C & N.W. Trans. Co. 180.00 C.H. Carpenter Lumber 26.25 City of Shakopee 866.04 City of Shakopee 269.47 Clay's Printing Service 174.20 Computerland 7,681.00 The Dickson Company 26.71 Ditch Witch of Minn. , Inc. 162.32 Excel Office Products 144.86 Feed-Rite Controls, Inc. 1,429.62 Glenwood Inglewood 8.96 Graybar Electric Co. , Inc. 6,429.04 H & C Electric Supply 720.17 Hance Cable Testing 550.60 KAR Products 88.37 Leef Bros. , Inc. 20.00 Link Print 159.75 M/A Associates, Inc. 108.78 Minn. Valley Testing Lab., Inc. 27.40 Ted Neisen 378.45 Northern States Power Co. 332.32 Northern States Power Co. 917.75 Northern States Power Co. 435.853.11 Pitney Bowes 87.75 Revnolds Welding Supply - 6.82 Rockwell International 66.12 Schoell and Madson, Inc. 4,333.15 Dean Smith Trenching 472.50 Southwest Suburban Publishing, Inc. 79.04 Suel Business Equipment 10.71 Starks Cleaning_ Service 53.40 T & R Service 140.00 Total Tool 134.69 United Compucred Collections, Inc. 118.80 Utilities Telecommunications Council 55.00 Louis Van Hout 45.80 Louis Van HOut 90.00 Westinghouse Electric Supply Co. 8,632.98 Wild Iris, Inc. 25.00 Woodhill Business Products 944.80 Shakopee Public Utilities Commission 125.75 Motion by Kephart, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. A communication from the Minnesota Housing Finance Agency regarding stuffing a promotional stuffer advertising low interest loans was acknowledged. Liaison Wampach gave a report regarding the current street scape project in the downtown area. Manager Van Hout informed the Commission of a meeting with Ken Ashfeld and John Anderson regarding the current status of poles in the downtown area. A future plan was discussed for burying wire in some of the downtown area. Motion by Kirchmeier, seconded by Kephart to authorize the Engineers to put specifications together to remodel the interior of Pumphouse #2 and advertise for bids. Motion carried. Manager Van Hout presented the five year capital improvement plan. Recommendations were made. The recommendations will be implemented and the draft retyped for presentation at the next meeting. A cost estimate for the 13th Avenue Trunk watermain project from County Road 16 to the West end of the Hauers 4th Addition was presented by the Consulting Engineers by letter dated August 17, 1987. Motion by Kephart, seconded by Kirchmeier to accept the preliminary cost estimate for the watermain oversizing for the 13th Avenue trunk watermain from County Road 16 to the west end of Hauers 4th Addition for the Shakopee Public Utilities Commission. Motion carried. Motion by Kirchmeier, seconded by Kephart to offer Resolution #319 A Resolution Amending Resolution #276 To Establish A Power Adjustment Charge. Ayes: Commissioners Kephart and Kirchmeier. Nayes: none. Resolution passed. Motion carried. Information about Public Power Week will be put in the paper and cost estimates for advertising are being gathered. Motion by Kephart, seconded by Kirchmeier to authorize the Manager to advertise and accept bids for the driveway work for Pumphouse #2 and #3. Motion carried. Motion by Kirchmeier, seconded by Kephart to accept Payment Request #2 from Midwest Protective Coatings/Currie State Bank in the amount of $29,046.25 as recommended by Schoell and Madson, Inc. and to extend the time period for this project until September 15, 1987. Motion carried. g Manager Van Hout informed the Commission on the Fall M.M.U.A. meeting on October 21, 1987. One new plat was presented called Heritage Plat for water service. There were no lost time accidents for August, 1987. The next regular meeting of the Shakopee Public Utilities Commission will be held on October -5, 1987. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. B rbara MerUen, CommTsslion 9 PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, MN September 24, 1987 Chairman Ziegler called the meeting to order at 7:30 p.m. with Commissioners Schmidt, Spiotta and Ziegler. Commissioners Weeks and Allen were absent. Barry A. Stock, Administrative Assistant was also present. Schmidt/Spiotta moved to approve the minutes of August 20, 1987 meeting as kept. Motion carried unanimously. Mr. Stock reported that at previous meetings the Committee has discussed the possibility of expanding our Dial-A-Ride program to the City of Chaska. Currently the City of Chaska has a Dial-A- Ride program operated through the Southwest Area Transit Commission (SWMTC) . The Southwest Area Transit Commission has contacted the MTC and has worked out an arrangement which will allow them to break their existing Dial-A-Ride contract. On September 17, 1987 the SWMTC met to consider contracting with the City of Shakopee for the provision of Dial-A-Ride service in the City of Chaska via our existing Dial-A-Ride service contract. At that time they formally requested the Shakopee City Council to consider entering into an agreement with the SWMTC for the provision of Dial-A-Ride service in Chaska. Mr. Stock reported that our current Dial-A-Ride provider has been involved in the discussions regarding this issue and is enthused about expanding to the City of Chaska. Mr. Stock stated that he is recommending that the Energy and Transportation committee make a recommendation to the City Council to enter into an agreement with the Southwest Area Transit Commission for the provision of Dial-A-Ride Service in the City of Chaska for the following reasons: 1) The proposed service expansion and working agreement between opt-out communities will serve as an example for other communities considering initiating alternative forms of transit. 2) The proposed service expansion will provide another transit alternative for Shakopee residents as well as offering Chaska residents the opportunity to get to Shakopee. 3) The proposed service expansion will provide the City of Shakopee with a 5% management fee that can be used to help off-set the costs associated with running our existing Dial-A-Ride program. Mr. Stock then reviewed the proposed agreement between the City of Shakopee and the SWMTC. He stated that the agreement spells out the duties and responsibilities of both the SWMTC and the City of Shakopee. He also stated that the City of Shakopee's existing Dial-A-Ride contract will be attached as an exhibit to the proposed agreement. Mr. Stock stated that our Dial-A-Ride contractor will keep separate statistics of the Chaska and Shakopee Dial-A-Ride program. He will submit a separate monthly report to the City of Shakopee for the Chaska Dial-A-Ride program and the Shakopee Dial-A-Ride program. Revenues derived from the program will be the property of the system that generates the fare box revenues. Rare Kabs monthly invoice to the City of Shakopee will separate the actual cost for the Shakopee Dial-A- Ride program and the actual cost for the Chaska Dial-A-Ride program. The City will in turn bill the SWMTC for the actual cost of the Chaska Dial-A-Ride service plus a 5% management fee. The City of Shakopee will be responsible for submitting the monthly reports and request for reimbursement forms to the Regional Transit Board for both the Shakopee and Chaska Dial-A- Ride systems. Mr. Stock noted that the 5% management fee to be collected from Chaska should be more than enough to off-set Shakopee City staff time associated with administering this project. Mr. Stock also stated that the proposed agreement has been reviewed by our City Attorney and approved as to form. Discussion ensued on the proposed contract. Commission Schmidt stated that it might be more appropriate to change the name of the management fee to administrative fee. She suggested this change because the SWMTC will actually be managing the Chaska Dial-A-Ride system and the City of Shakopee will be handling the administrative duties associated with the project. Chairman Ziegler questioned the logic behind only operating one Dial-A-Ride vehicle in Chaska. Mr. Stock stated that the SWMTC felt that ridership demand at this time only warrants the provision of one vehicle. Mr. Stock noted that there is a provision built within the contract which will allow us to add additional vehicles to the Chaska Dial-A-Ride program as needed. Chairman Ziegler then questioned if the Shakopee Dial-A-Ride vehicles would be utilized to carry passengers in the City of Chaska. Mr. Stock noted that the Shakopee Dial-A-Ride vehicles are dedicated to the City of Shakopee and will only be carrying passengers within the Shakopee city limits at this time. Likewise, the Chaska Dial-A-Ride will only be carrying passengershe within tChaska city limits at this time. Should ridership demands in Chaska warrant the addition of another vehicle, Rare Kabs has informed me that they can have another vehicle in operation within 15 days of our request. Mr. Stock noted that in the future we will be providing intercity trips between the City of Chaska and the City of Shakopee. Our ridership records have revealed that there are certain time periods within the week where ridership is not at peak levels. During these times, we will be scheduling intercity trips to and from Chaska. For example, on Tuesday and Thursday between the hours of 10:00 a.m. and 2:00 p.m. we are experiencing dead time. During these days and on a regular basis trips to and from Chaska will be coordinated and advertised. The Commission then discussed several small language changes to the contract. Spiotta/Schmidt then moved to recommend to City Council that the City of Shakopee enter into an agreement with the Southwest Area Metropolitan Transit Commission for the provision of Dial-A-Ride Service within the City of Chaska. Motion carried unanimously. Mr. Stock reported that if the City Council decides to pursue the agreement with the SWMTC, it would be appropriate for the Energy and Transportation Committee to also make a recommendation regarding an amendment to our existing Dial-A-Ride contract. The Dial-A-Ride amendment simply specifies that the contractor will keep separate records of the Shakopee and Chaska Dial-A-Ride services and will submit separate monthly reports to the City of Shakopee. The actual cost in revenues for each service will also be kept separate. The Dial-A-Ride amendment also specifies that the contractor will provide a separate telephone number for the Chaska system. Maximum and minimum ridership levels will also be kept separate for the two programs. Finally the workmans compensation and insurance sections of the existing Dial-A-Ride contract are in need of amendment to include the SWMTC. Mr. Stock noted that the Chaska Dial-A-Ride would function under all the conditions as established in our existing Dial-A-Ride contract. The SWMTC Transit Administrator would be responsible for marketing the Chaska program. Schmidt/Spiotta moved to recommend to City Council the approval of Shakopee Dial-A-Ride contract amendment #4 contingent upon Council's approval of the SWMTC/City of Shakopee Transit Agreement. Motion carried unanimously. Mr. Stock stated that it has been brought to his attention that members of Shakopee City commissions and committees must be residents of the City of Shakopee. Mr. Stock also noted that when the City applies for energy grants the following groups need to represented by our Energy and Transportation Committee: 1) Low and Moderate Income, 2) Senior Citizens and 3) Small Business. In light of these issues staff is recommending that the enabling resolution be amended to include the aforementioned three groups and a clause calling for the appointment of one member to serve on the Energy and Transportation Committee who is a rider on the Shakopee Van Pool Program and who may not be a resident of the City of Shakopee. Mr. Stock noted that this would be a voting member appointment. Spiotta/Schmidt moved to recommend to City Council the approval of a resolution amending the Energy and Transportation Committee's Enabling Resolution to provide for the representation of the following interest groups on the Committee: 1) Low and Moderate Income, 2) Senior Citizens, 3) Small Businesses and that one member be allowed to serve on the Energy and Transportation Committee who is a rider of the Shakopee Van Pool program and who may not be a resident of the City of Shakopee. Motion carried unanimously. Mr. Stock stated that it has been brought to his attention that a Shakopee resident is interested in utilizing both the Dial-A-Ride and Van Pool programs. The resident has inquired as to whether or not the City has a transfer reciprocity policy between the Dial-A-Ride and Van Pool programs. Mr. Stock explained how a transfer reciprocity agreement between the Dial-A-Ride and Van Pool program would operate. He went on to state that setting up a transfer reciprocity policy between the Dial-A-Ride and Van Pool programs would be complicated because the Dial-A-Ride fare is based on how much advance notice is given for the ride and the van pool program fares are based on whether or not you are a regular or occasional rider. Additionally, the policy could become further complicated if an individual who utilized both the Dial-A-Ride and Van Pool program would also need to transfer to a MTC bus. In essence, given our current fare structure a person utilizing all three services would generate a deficit fare situation for our program. Chairman Ziegler stated that he did not feel it was appropriate at this time to have a transfer reciprocity policy between the Dial-A-Ride and Van Pool programs. He went on to state that when the City of Shakopee was serviced by the MTC, residents had to get to one of the MTC pick-up points. He felt that this type of policy should be utilized for people wishing to use the Van Pool program. Commissioner Spiotta questioned whether or not the City had a transfer reciprocity policy with the MTC. Mr. Stock stated that the RTB has assured him that we will be soon having a transfer reciprocity with the MTC. Ms. Spiotta stated that she did not think it was appropriate to act on this policy until the City had a transfer reciprocity agreement with the MTC. Commissioner Schmidt stated that if only one individual was requesting the service, she did not think it was necessary to adopt this very complicated policy at this time. Schmidt/Spiotta moved not to adopt a Dial-A-Ride/Van Pool Policy at this time but to reconsider the policy when demand warrants it or an MTC transfer agreement has been finalized. Motion carried unanimously. Mr. Stock then reviewed the home energy check-up marketing program with the Commissioners. Commissioner Schmidt questioned whether or not a flyer could be inserted with the Minnegasco bills. Mr. Stock stated that he would check with Minnegasco in regard to Ms. Schmidt's suggestion. Commissioner Schmidt also suggested that the flyer be inserted in both the Mint and the Shakopee Valley News. Mr. Stock questioned the Committee regarding holding a raffle and giving a cash prize away to encourage participation in the program. Commissioner Spiotta questioned whether or not State funds could be used for this type of activity. Mr. Stock stated that it was not an eligible State expense but that it was an eligible Minnegasco marketing expense. It was a consensus of the Committee that participation in the program be monitored following the initiation of our marketing program. If we find that participation in the project is less than expected then proceed with the raffle concept. Mr. Stock then briefly discussed the reverse van pool marketing program with the Committee. He stated that he will be meeting directly with the major employers in Shakopee and speaking with the personnel directors. He felt that the personnel directors were better equipped to give suggestions regarding marketing a reverse van pool program within their company. Mr. Stock stated that he hoped to have a reverse van pool in operation before the end of the year. Mr. Stock then presented the Dial-A-Ride and Van Pool monthly reports for the Committees review. Mr. Stock then reported that ridership during the Dial-A-Ride evening hours in the month of August paralleled the month of July. However, in the month of September we are seeing a significant increase in the evening hour ridership. Mr. Stock also reported that during the month of August the Dial-A-Ride provider fell below the minimum threshold level the first time in this contract period. Commissioner Spiotta questioned whether or not staff could gather some information on the container deposit legislation. She stated that she would like to have a better understanding of both the opponents and proponents position regarding this bill. Mr. Stock stated that he thought he could get some information on this issue for the Committee's review. Mr. Stock then noted that the next meeting will be held on October 15, 1987 at 7:00 P.M. Spiotta/Schmidt moved to adjourn the meeting at 8:40 p.m. Motion carried unanimously. Barry S. Stock Recording Secretary J6 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Council Chambers September 9, 1987 Chairman Laurent called the meeting to order at 7:35 a.m. with the following members present: Gary Laurent, Jim Stillman, Bill Wermerskirchen, Terry Forbord, Melanie Kahleck, Harry Kohler, and Tim Keane. Members absent: Pete Sames and Jerry Wampach. Also present were Barry Stock, Administrative Assistant, John Anderson, City Administrator and Ken Ashfeld, City Engineer. Stillman/Kohler moved to approve the agenda as submitted. Motion carried unanimously. Stillman/Forbord moved to approve the minutes of the August 26, 1987 meeting as kept. Motion carried unanimously. Mr. Stock reported that at several meetings in the past the Committee has discussed Mr. Hennen's request to amend the assessment formula utilized in the Downtown Project. Mr. Stock reported that staff has done a comparison of the current 70 front foot/30 sq. foot assessment formula vs. a straight square footage assessment formula. Mr. Stock reported that results of this comparison were some what surprising in that only a few parcels experience a large increase in their assessment. These parcels are primarily properties that have on site parking. Mr. Stock commented that in researching the Downtown Committee's past actions regarding the current assessment formula, he discovered that the 70 front foot/30 square foot formula was not the policy utilized in the 1967 parking lot assessment. Additionally, Mr. Stock stated that he could not find any supporting evidence to show that the Downtown Committee ever looked strictly at a straight square footage assessment formula. He did find several references where a straight square footage assessment formula was addressed but to what degree could not be determined from past memos or minutes. Mr. Hennen stated that with the current parking situation downtown, he did not think it was appropriate for properties with parking lots to be given special consideration. He went on to state that the property owners with parking lots chose to have parking lots and it is a benefit to their business to have a parking lot. Mr. Forbord stated that he agreed with Mr. Hennen to a point, but stated that property owners that have parking lots in the downtown are also benefitting the entire downtown area in that they are providing their own parking spaces which in turn opens up other parking spaces in the downtown area. Mr. Forbord went on to state that some of the privately owned parking lots are utilized to a great extent by persons not actually doing business in the business that is providing the parking. Chairman Laurent asked Mr. Stock what his recommendation was on this issue. Mr. Stock stated that he is recommending a change in the current assessment policy and the adoption of a square footage assessment policy. He went on to state that he did not think it was appropriate to give a credit to parking lots primarily due to the difficulty in defining what constitutes a parking lot. Additionally, Mr. Stock stated that he did not think a credit would be appropriate because the assessments are already very low and the proposed change in assessment policies does not increase any parcel to a very significant extent. Chairman Laurent stated that in his opinion if the adoption of a straight square footage assessment policy does not change the assessments to any great extent, he could not see the merit in trying to develop an assessment credit for properties with parking lots. Additionally, he went on to state that if a credit is given to parking lots, there is nothing that can stop the property owner from turning that parking lot into a business at a later date. if this situation occurs, it would be very difficult if not impossible to collect an additional assessment from these property owners. on the other hand, Mr. Laurent stated that property owners providing parking spaces in the downtown area are servicing the parking needs of the entire downtown area. Mr. Anderson stated that one way of looking at this problem is simply to put the two assessment policies along side each other and simply decide which one creates the least inequities. Discussion ensued on the lay out of Mr. Hennen's parcel in comparison with the lot in which he sits vs. other parcels in the downtown. Mr. Forbord stated that when an individual decides to subdivide a parcel, taxes usually increase on each parcel within the subdivision as compared to the parcel before it was subdivided. Mr. Hennen stated that we aren't talking about taxes in this case, we are talking about assessments. Ms. Kahleck questioned how the City normally determines what is an appropriate assessment policy. Mr. Laurent stated that the City usually sits down and discusses which type of assessment formula is appropriate on a case by case basis. Mr. Anderson stated that usually assessment policies begin with a straight front footage assessment. Modifications are then made depending on the uniqueness of each individual project. Mr. Anderson then suggested another alternative for the Committee's consideration. He suggested that in each case where a typical lot is split up into several parcels, assess that a typical lot the regular cost of approximately $3500 and spread the difference out over the rest of the parcels within the district. Mr. Stock stated that in this opinion the current 70ff/30 sq. ft. assessment formula is very complicated and difficult to understand for the typical resident. Mr. Anderson's suggestion would only complicate an already complicated policy. Mr. Stock strongly suggested that the Committee consider simplify the yrs¢ ry'ti: assessment policy. He went on to state that the proposed square footage assessment policy has very few inequities in it and can be easily understood by the general public. Mr. Ashfeld stated that in an effort to make the assessment formula easier to understand and in an effort not to just pick out certain parcels in the downtown area and give special consideration to them, he suggested that the Committee consider an adjusted front foot assessment method. By utilizing this approach we would end up with a nice clean assessment method. Chairman Laurent then suggested that staff investigate the three alternatives that were discussed including the 1. adjusted front foot method, 2. square footage assessment policy with a parking lot credit and 3 . Mr. Anderson's suggestion which would take typical lots that have been subdivided and treat them as typical lots with the cost differential spread over the rest of the parcels in the downtown area. Chairman Laurent then polled the Committee to determine if this was an appropriate course of action. Ms. Kahleck questioned whether or not discussing this issue would cause a problem with our project time line. Mr. Stock stated that it would not and that the assessment policy did not have to be finalized until the assessment hearing which will take place some time next year. Mr. Kohler stated that he agreed with Mr. Stock and Mr. Ashfeld and wanted to keep the assessment policy simple. It was the consensus of the Committee to proceed with Mr. Laurent's suggestion. Mr. Forbord stated that he appreciated Mr. Hennen's interest in this issue and bringing the discrepancy to the attention to the Downtown Committee. Chairman Laurent also stated that he appreciated the professionalism which Mr. Hennen displayed in bringing this issue to the attention of the Downtown Committee. Discussion then ensued on an alternative bench design that has been proposed by the contractor. Mr. Ashfeld stated that staff is not recommending a change in the bench design. It was the consensus of the Committee to stick with the bench design that we have utilized along the Second Avenue Parking Lot. Discussion then ensued as to whether or not a sign could be constructed to advertise the downtown redevelopment project. Mr. Stock stated that he would investigate the cost involved with the placement of several signs in the downtown area and would report back to the Committee by our next meeting. Kohler/Forbord moved to adjourn the meeting at 8:45 a.m. Motion carried unanimously. Barry A. Stock Recording Secretary TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN October 22, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. 7:30 P.M. CONTINUED PUBLIC HEARING: To consider a request for a preliminary and final planned unit development project for the property located on approximately 29. 6 acres on the Northeast corner of the intersection of Highway 101 and County Road 17. The proposed project includes the existing Shakopee Valley Motel and a proposed campground and restaurant. Applicant: Wally Bakken Action: Recommendation to City Council 4. Discussion: Revised Sign Ordinance 5. Discussion: Amendments to Zoning & Subdivision Ordinance. 6. Other Business 7. Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. 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DK 0J b +NNbroOe+NIWWN-o N pO+PNlbb 0 a 9 Nbe P 00-ObJNpoWOlJJ y PWJNNbp ,OoO A oNO WO ANN0W00boNMNO PON0000N W N NNONNOe000000N N N0000000 N m eoo 00oo0o0ee000000eeeoo Doo 000eeoo Oe o0 00o O 9 m NdA WJNNIP-+OPJN WlION++o A NNb W POtloANNbJbPOJA - YeNObI! ++ m N WWW -00000JtlNeYOlOWJ+NOb doMWNNPNJd pp oo Joo Z W • i rnN NN cc r m w mgr wa ui�n rc a rr -- m w o a z W NNe P V 6 Nrm < O NNN n 6 rm mm NN ma N -- NN Ya n NPV PP nn Jm 61- NNP NN NN Fm NN N 00 �F mm f V r N as mm m __ n mV PP nn Km mn NN NN m WF Na -- o zo _ mm r ou as mm mN m avaP. n z rm w ma ww�n _ £ OQ PON FW UJ �r ¢W J V a6 m0 60 WO WY V ma x > Y m 6' m w LL N m0 !- J m mY 6¢ nrr N V~ 00 N n m2 £V 2 m < w u a 0 a z w L W £ u a a z o 6 W O £ �- K VV 6 6 2= J V < o £F J £Z W J ..a z a CJ W Z 1-6 V J Nm NN N e.o r c m z � z LL o J H m < V \ m W W J J ZF J O 6 \ WZ J O J W J V W 6 V Q F- Q O - _£ a r O O V O f V � O F 0 W m< J 2 J J < 6 LL O O W a Z W _ O V O p O J K N m r a /5 MEMO TO: John K. Anderson, City Administrator Dennis Kraft, Community Development Director FROM: Ken Ashfeld, City Engineer SUBJECT: Starwood Music Center Traffic Study Review (EAW) DATE: October 14, 1987 INTRODUCTION: At their September 22, 1987 public hearing of the Starwood Music Center proposal, Council directed staff to solicit proposals for an independent review of the EAW traffic analvpis. At their September 29, 1987 meeting, Council hired Howard-Needles-Tammen a Bergendof£ (HNTB) to accomplish the review. Attached is the HNTB report dated October 9 , 1987 . BACKGROUND: The HNTB report is relatively self-explanatory but I wish to make the following comments relative to their findings and conclusions. Finding No. 4 . The EAW reported the level of service (LOS) for the various affected signalized intersections for the peak weekend event and the weekday event. The EAW indicated that the LOS for any intersection would not create an average delay to cause a condition worse than IAS D, i.e. , average delays would be 40 seconds or less. The EAW failed to identify the .LOS for the specific critical intersection approach, in the case of Valley Park Drive 5 T.H. 101 would be the westbound T.H. 101 approach. The HNTB report states that unacceptable delays would occur on the critical approach of Valley Park Drive 6 T.H. 101 for peak weekend events. It further goes onto recommend the requirement of traffic control personnel at this intersection for peak weekend events. I believe this requirement does not cover all situations where an unacceptable LOS would exist because major events could also occur during a weekday. Even with the removal of the "worst case " background traffic on a weekday, problems may arise on a portion of the critical approach. I have asked HNTB to expand their study on this critical approach to answer the following question with the following assumptions. Starwood Music Center October 14, 1987 Page 2 Question: what level of attendance at Starwood Music Center would cause any portion of the critical approach to Valley Park Drive or C.R. 83 to cause the LOS to fall below LOS D (average delays in excess of 40 seconds) Assumptions: All other conditions should remain constant for that particular attendance such as; a. passengers per vehicle b. background traffic C. direction of approach d. etc. The purpose of this analysis is to determine a traffic management plan based upon the traffic generated by the event and not solely on the time of the event. The results of this analysis is that events generating attendance of 12,000 or less would not cause unacceptable average delays . Finding No. 5 The EAW provided information relative to anticipated traffic volumes assigned to directions of approach. The HNTB report indicates concern over intersection operations if the traffic assignments are wrong. In addition to the three recommendations within the HNTB report, conditions can be placed on the CUP to control problems associated with this finding as well as Finding No. 4. RECOMMENDATION: The HNTB report has three recommendations. Recommendation No. 1 is somewhat subjective as to degree of conformance afforded by the applicant and/or future operators. As a follow-up to the HNTB Recommendation No. 1, I recommend a condition be added to the CUP that requires the approval of the Starwood marketing program so that C.R. 42 is properly identified as an access route. Recommendation No. 2 for the most part is already covered in the traffic management plan. In an effort to provide a condition to the facility operator that can be readily related to, as a follow-up to the HNTB Recommendation No . 2, I recommend the following condition be added to the CUP: Starwood Music Center October 14 , 1987 Page 3 For any event that the attendance is anticipated to be 12,000 or greater (weekday or weekend) , the traffic management plan shall include traffic control personnel at the following intersections. a. at Valley Park Drive s T.H. 101 for arriving traffic b. at C.R. 83 6 C.R. 42 for departing traffic C. at C.R. 83 6 T.H. 101 for arriving traffic d. at C.R. 83 s 12th Avenue for arriving & departing traffic Since there is a concern (Finding No. 5) regarding the traffic operations dependence on the anticipated direction of approach, I also recommend the following condition: If it becomes apparent that intersection operation is creating an unacceptable average delay (excess of 40 seconds) , the facility operator will be responsible for the cost of a joint City/MnDOT study to identify the actual direction of approach and/or other problems and determine solutions. If this study determines a different attendance figure, as aforestated, that would establish the requirement for traffic control personnel, the facility operator shall abide by the new figure. If the study identifies other problems and solutions, the facility operator will be responsible for the cost of implementing those solutions. I concur with Recommendation No. 3 of the HNTB report. I further recommend that the cost of this improvement be borne by the applicant and be properly address in the developer ' s agreement. %A/pmp CENTER MpN/GFO NEEOL£5 T4MMEN 6 BEGGENOO FC 6700 trance avenue soutn, mmneaooiis. mmnesota 6t2.r920-4666 MEMORANDUM To: Ken Ashfeld, City Engineer October 9, 1987 From: Larry Dallam, HNTB and Professor Matthew Huber, Univ. of Minnesota Subject: Traffic Impacts of Proposed Starwood Music Center ADuroach The following documents were reviewed and evaiiiated: - Environmental Assessment Worksheet-(EAW) for Starwood Music Center,- June, 1987 - Final Environmental Imoact Statement (FEIS) for the Shakopee Racetrack, May 7, 1987 - Memorandum to the City Council of Shakopee from Joseph F. Zak, September 20, 1967 - Four-page handout of graphics and in and out times for Racetrack, Valleyfair, Starwood and Renaissance, by John Schmitt, Planning Commissioner The Starwood EAW was reviewed for reasonableness in approach, assumptions and methodology. Particular attention was given to the direction of approach to the proposed site to determine the demand or load upon the roadway network and the affected intersections in the vicinity of the site. Independent analvses o' the traffic volumes for the peak weekend events ("worst case") were performed at the intersections of T.H. 101 with Valley Park Drive and County Road 63. One analysis used the assumptions and conditions stated in the EAR -- and a second analvsfs used the assumed direction of approach for traffic stated in the F-IS for peak events. Findines and Conclusions _. 7ne methodology for determining traffic impacts in the Starwood _AW and Racetrack F'EIS is consistent with recommended traffic engineering I -- and the calculations at the critical intersections are accurate for the EAW peak weekend events. 2. The assumptions used to determine the number of vehicles (4407) arriving in the peak hour for the worst case used in the Starwood EAW are reasonable. 3. The background traffic used in the Starwood RAW impact analysis is conservative (greater than normal) because it was counted when Canterbury Downs, Valleyfair and Renaissance were experiencing a peak day -- and then increased by 58 for future growth. The RAW reasonably takes into account the interactions of this background traffic with the projected Starwood traffic pattern. 4. The critical intersection for arriving traffic for peak eekend events is the Valley Park Drive and TH 101 intersection. The RAW accurately states that the level of service would be "D" for this intersection. This is an average of the level of service for each of the four approaches to the intersection. The level of service for westbound traffic will be "E" at this intersection for the arrival peak hour. Any significant disturbance to the traffic flow or error in the design westbound traffic volume on TH 101 would result in level of service "F" and unacceptable delays. (This finding is applicable only to the peak weekend events and not to peak weekday events.) 5. The critical assumption in the Starwood EAW is the "direction of approach" of arriving traffic from the east on TH 101 and CR 42/CR 63. Tne EAW assumes 466 of the patrons will use TH 101 and 298 CR 42. These percentages are based upon recent counts of traffic entering Canterbury Downs. The Canterbury Downs Final RIS document assumed 578 on TH 101 and 198 on CR 42 (based upon the distribution of households in the region) . The change in percentages is believed to be due to a combination of 1) the completion of 1-35E, 2) notice to patrons of the CR 42 alternative, and 3) familiarity of repeat patrons with the road network and traffic conditions. The Valley Park Drive intersection with TH 101 (Valley Park Drive) would be overloaded (IAS F) for arriving westbound traffic if the EIS value of 578 is realized on peak weekend events instead of the 468 used -- which demonstrates the importance of CR 42 until the Shakopee Bypass is operational. 6. Capacity problems are anticipated at the intersection of CR 63 and CR 42 on peak weekend events for departing traffic, because of the high turning volume included in the EAW. � r1;- arrival Starwood traffic when combined with departing Canterbury traffic creates the need for widening of CR 63 from Gate 2 to 12th Avenue. B. The Joseph Zak September 20, 1967 memorandum helped define the issues while containing several misconceptions about traffic flow and the operation of signalized intersections -- which resulted in a Significant understatement of the number of cars that can be accommodated per hour. The signal cycles that are proposed in the Starwood EAW are different from those currently in operation -- and the calculations for the number of cars accommodated per second of green time should be based upon the queue of cars, rather than a single car (all cars are moving during almost aL of the green time) . -2- 9. The John Schmitt handout was helpful in understanding arrival and departure times for the various activities. Recommendations Eased upon the findings and conclusions, it is recommended: 1. That the Starwood Music Center, as part of its Traffic Management Plan, include notification (in writing and on map) to its patrons of the - importance of using CR 42 to avoid excessive traffic delays in arriving and departing the center. _. That the Traffic Management Plan include the requirement, that sufficient traffic control personnel will be provided for peak weekend events at the following intersections and times until proven otherwise: a) at Valley Park Drive and TH 101 for a-riving traffic b 42 for deterring traffic at CR E3 and CRg m - c) at CR 63 and TH 101 for arriving traffic d) at CR 83 and 12th Avenue for arriving traffic 3. That CR E3 be widened to four lanes between Gate 2 of Canterbury Downs and 12th Avenue (extend 4-lane section south to 12th Avenue) . LND/dhs/PC3 -o- TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA OCTOBER 20, 1987 Mayor Reinke presiding 1] Roll Call at 7:00 P.M. 21 Reading by Mayor Reinke of City' s Non-Discrimination Policy 3] Liaison Reports from Councilmembers 4] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 5] Approval of Consent Business %- (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *63 Approval of the Minutes of September 29, 1987 and October 14, 1987 7] Communications: a] David Riegger, Rock Spring Supper Club re : amphitheater b] i 8] Public Hearings: a] 7:00 P.M. - Consideration of whether or not to permit the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. and 12:00 midnight on Sundays for Class C license holders (Hotel/motel , Restaurant/lounge) b] 7:30 P.M. - Appeal of Board of Adjustment and Appeals approval of a 31 foot setback variance for an accessory farm building for property located at 3374 South Marschall Rd. c] 7:45 P.M. - Appeal of Board of Adjustment and Appeals denial of a 25 foot setback variance from the lakeshore for property located in Weinandt Acres - West of Marschall Road and County Road 42 d] 8:00 P.M. - Appeal of Board of Adjustment and Appeals approval of setback variances for property located at 630 East 1st for Breckenridge Development Corp . 9] Boards and Commissions: Board of Adjustment and Appeals: a] Issuance of Building Permits to Property Not Abutting Public Right-O£-Way Downtown Committee: 'b] Downtown Design Standards for New and Infill Construction TENTATIVE AGENDA October 20, 1987 Page -2- 10] Reports. From Staff: (Council will take a 10 minute break around 9:00) a] R. Hanover Inc . - Liquor Liability Insurance *b] Releasing Current Air Pack Specifications for Bid c] Award Bids for Snowblower and Flusher _ memo on table *d] Chaska Rental Agreement for Shakopee Sewer Cleaning Equipment *e] Scott County Computer Agreement to Access County Computer *f] Senate File 1084/House File 1163 (Street access charge impact fee enabling legislation) *g] Transfer of Property to CertainTeed Corp. *h] 1988/1989 Garbage Contract i] Damage Claim - Ralph Ferry j] Muhlenhardt Road Turnback *k] Naumkeag Street Railroad Crossings 1] Approve Bills in Amount of $ 817, 785. 19 *m] Travel Reimbursement to John K. Anderson n] Mini-Bypass & T.H. 169 Project Final Design Consultant 11] Resolutions and Ordinances: *a] Res. No. 2821, Accepting Work on Eaglewood Street Rehabilitation Project 1985-2 *b] Res. No. 2822, Accepting Work on Valley Park Drive North Project 1986-11 c] Res. No. 2820, Appreciation to David Pomerenke 12] Other Business : *a] Appoint Judith S . Cox Acting City Administrator from October 23 , 1987 until November 3, 1987 b] C] d] 131 Adjourn to Tuesday, October 27, 1987 at 7:00 P.M. at the Scott County Courthouse, Room 318 John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 14, 1987 Mayor Reinke called the meeting to order at 6:20 p.m. with Cncl. Clay, Wampach, Leroux, Vierling and Lebens present. Also present were John K. Anderson, City Administrator; Julius A. Coller, II, City Attorney; Judith S. Cox, City Clerk; and Barry A. Stock, Administrative Assistant. Lebens/Leroux moved to accept the call for a Special Council Meeting. Motion carried unanimously. Mr. Jack Boarman of Boarman Architects passed out a memorandum summarizing the results of a recent telephone survey regarding the referendum for a new City Hall which has been placed on the ballot for November 3 , 1987. He reported on the results of the survey and recommended that the Council postpone the referendum on a new City Hall until September of 1988. Mr. _ Virgil Mears, Co-Chairman, Citizens for a New City Hall, -- explained six reasons why the Committee concurs with the recommendation of Mr. Boarman and recommends that the referendum on a new City Hall be postponed until September of 1988. 1) The current tax situation - total taxes raised significantly this past year, 2) the dispute . over the site, 3) the timing is complicated because it is in conjunction with the election of City officials, 4) a lack of consensus among the candidates on what to spend for a new City Hall, 5) the negative results of the survey presented by the Architect, and 6) because of the City election the Committee could not get sufficient people to work on the Committee promoting a new City Hall. Mr. Mears recommended that the site problem be eliminated and that the referendum be delayed until September of 1988. Discussion ensued as to whether or not to leave the advisory question on the ballot regarding the two sites for a new City Hall. Cncl. Wampach said he felt the site issue should be removed from the ballot too, and that he couldn't support removing only the money issue. Cncl. Lebens agreed it should be all or nothing. Leroux/Clay offered Resolution No. 2823, A Resolution Withdrawing from the Special Election to be held in the City of Shakopee on November 3, 1987 the Proposition of Voting on Whether the City of Shakopee Should Issue and Sell its General Obligation Bonds in an Amount not to Exceed $1,400,000 for the Purpose of Acquiring Land and Constructing Thereon a New City Hall, and moved its adoption. Roll Call: Ayes; Cncl. Vierling, Clay, Leroux, Mayor Reinke Noes; Cncl. Lebens, Wampach Motion carried. City Council October 14, 1987 Page Two Clay/Leroux moved to put in to the Mint an ad (sample ballot) approximately three columns by seven inchs or thereabouts. Roll Call: Ayes; Unanimous Noes; None Motion carried. - - - - - Leroux/Clay moved to adjourn at 7 :25 p.m. Motion carried unanimously. Judith S. Cox City Clerk - -- Recording Secretary 6 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 29, 1987 Mayor Reinke called the meeting to order at 7:05 p.m. with Cncl. Wampach, Clay, Vierling and Leroux present. Cncl. Lebens was absent. Also present were John K. Anderson, City Administrator; Ken Ashfeld, City Engineer; Gregg Voxland, Finance Director and Julius Coller, II, City Attorney. Mayor Reinke asked if there was anyone in the audience who wished to speak on any items not on the agenda. There was no response. Leroux/Clay moved to approve consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. - Leroux/Clay moved to approve the minutes of September 8th and 15th, 1987 as printed. (Approved under consent business) . Leroux/Clay moved to authorize the expenditure of funds from the contingency fund in the amount of $816.75 for the acquisition and installation of three Star City signs. (Approved under consent business) . The City Administrator reviewed the final plans for the Minnesota Street Housing Project recognition event. Leroux/Clay moved to authorize the Public Works Department to advertise for bids for a new tank/flusher unit for the Street Division. (Approved under consent business) . Leroux/Clay moved to authorize the Public Works Department to advertise for bids for a new snowblower with a bid letting date set at Monday, October 19, 1987. (Approved under consent business) . The City Engineer reviewed the traffic study proposals as submitted by each of the potential consultants. Discussion was held regarding the requirement that the consultant firm has not had previous experience in Shakopee. Mrs. Zak requested that the Citizen's traffic study be made a part of this independent traffic study. The City Engineer noted that all pertinent information, including the Citizen's study and Mr. Schmitt's study along with other data will be made a part of the consultant's package. The City Administrator noted that a copy of the revised conditions of the Starwood Conditional Use Permit cross referenced to the criteria has been given to the Councilmembers. City Council September 29, 1987 Page 2 Wampach/Vierling moved to receive and file correspondence from Mr. Zak, Citizens Against Starwood Amphitheatre, dated September 27, 1987. Motion carried unanimously. Leroux/Vierling moved to authorize the proper officials to select Howard Needles Tammen and Bergendoff for the traffic study for the Starwood Amphitheatre. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Clay offered Resolution No. 2806, A Resolution Accepting Bid on 13th Avenue Street Improvements M.S.A.P. 166-112-01, Project No. 1987-12 and moved its adoption. (Approved under consent business) . Leroux/Clay moved to appoint John K. Anderson Acting City Clerk from September 29, 1987 until October 7, 1987. (Approved under consent business) . Cncl. Wampach asked for a clarification of reporting procedures regarding 208 occupancy in apartments that received City Industrial Development Bonds. The City Administrator stated the information was received on a regular basis and is on file in the Community Development Director's office. The City Engineer noted that Mn/DOT will begin right turn construction on the city-owned lot on lst Avenue. The City will be capping a water service and some minor expenses may be involved. The City Engineer also reviewed the free emblazonment of a logo on trash receptacles for the Downtown Project. Discussion was held with general agreement that "Welcome to Shakopee" should be used. Mayor Reinke notified the Councilmembers of a farewell reception for Sister Agnes who is leaving St. Francis Hospital. Wampach/Vierling moved Resolution No. 2812 commending Sister Agnes for years of service to St. Francis and the City of Shakopee and requested that it be drafted by staff prior to 2:00 p.m. on September 30, 1987. Motion carried unanimously. Cool. Leroux brought up an issue relating to weed growth in the City. This was discussed in regards to zero lot lines on twinhomes and individuals being cited for detracting from the appearance of the neighborhood. The City Administrator said City staff was gathering information to provide Council with alternative ways to address the problem. City Council September 29, 1987 Page 3 Cncl. Leroux also asked to discuss the Assessor' s valuation processes used for 4-plexes that resulted in equalling 90% of market value. He questioned how this compared to other Scott County communities. The City Administrator will ask the County Assessor to respond by listing what methods are being used in determining assessors valuations on multi-family dwellings and report back to the Council. wampach/vierling moved to continue the Budget Worksession at 7:50 p.m. Motion carried unanimously. Two representatives were present from Jackson Township to discuss the City' s proposed budget for the Fire Department for 1988. Norbert Theis asked several questions about equipment to be purchased, building maintenance, annual fire hose replacement, and new building construction to determine the appropriateness of the township paying a prorata share of those costs. Gregg Voxland, the Finance Director, responded to Mr. Theis' questions and explained how certain items were included in the City' s standby fee charged to the townships. The City Council and township representatives then discussed a number of non-budget issues relating to the construction of the Highway 101 By-pass and its affect on property access, storm water drainage, sanitary sewer access, the relocation of County Road 69, and its affect on the plans for the Shakopee Basin WMO. It was agreed that it would be useful for the City Council and the township to meet with the appropriate staff from Mn/DOT to discuss the project and its affect on the above mentioned items. Mr. Theis suggested that the agenda also include a discussion about re-establishing the Joint 7-man Planning Committee. It was the general consensus that a joint meeting should be held by November. The Mayor then opened discussion on the proposed 1988 Budget. The Mayor asked Councilmembers if they had any specific questions or suggestions regarding the proposed budget. Cncl. Clay stated that he would like to see the budget include money for one additional licensed police officer. He said a possible trade off might be the reduction of money for the Pavement Preservation Program. He felt the additional officer might assist in having some affect on First Avenue and Tenth Avenue traffic problems. Cncl. Wampach responded that he would like to see more specific information about how the current staff is scheduled and how operations are managed before making a decision to add an additional officer. Cncl. Vierling indicated that she was interested in financing the City Engineer' s proposed sidewalk repair program for health and safety reasons. She also suggested the possibility of some City Council September 29, 1987 Page 9 traffic management study or capability within the City to manage traffic throughout the City and northern part of the County as it affected Shakopee. The Mayor and Cncl. Leroux then discussed the use of Community Service Officers (CSO) and the possible functions that they might perform. Cncl. Leroux reminded members that this subject had been discussed during last year' s budget process and dropped. Cncl. Wampach asked about the use of reserves for traffic management and parking enforcement. Cncl. vierling also asked about the need for additional personnel in the Street Department as requested by the Public Works Superintendent. Cncl. Leroux responded that he felt more staff may be needed. Mayor Reinke asked whether or not the City could require builders to clean up the City streets near new subdivisions to eliminate additional work placed on City crews. He said that one option might be to bill builders for the extra street cleaning required. Cncl. Leroux indicated that he preferred to add one additional person in Public Works, the 1/2 time Police Clerk, no additional licensed Police Officers, and to consider making some contingency monies available for a CSO who might be hired full time instead of hiring a 1/2 Clerk Typist. Cncl. Leroux suggested that the CSO might take some of the work load off officers and still be able to do some of the clerical work that would be assigned to the 1/2 Clerk Typist. There was considerable discussion about how this might work and whether or not it would fit the needs of the department as outlined by the Chief. Council discussed the level of building permits currently being issued and the need for a full time assistant Building Inspector. The City Administrator indicated that the City had approved or was approving approximately 650 lots which might generate significantly more activity in 1988. He also indicated that the Residential Energy Conservation Program would be run by the Assistant Building Inspector and that we were to receive grant monies for his services for that project. Cncl. Leroux discussed the option of drawing down on the General Fund fund balance which was exceeding our target of 30%. It was agreed that the changes in the homestead credit law for 1988 might make it more appropriate to look at this option for 1989. Cncl. Leroux then brought up the topic of the State Homestead Credit listed in the Finance Director' s memo. There was a lengthy discussion about how Shakopee was caught with its "levy down" when the Minnesota Miracle was initiated in the early City Council September 29, 1987 Page 5 1970 ' s. The City Administrator read to Councilmembers a section of the House Research Department' s report dated September 9, 1987 on property taxes payable in 1988. He quoted a section of the report entitled "A Side Effect" in which House staffers reported that there was, "a one-time incentive to levy a large amount in this last year (1988) under the old system since the amount of the homestead credit received in 1988 becomes the base for determining the amount of homestead credit replacement aid for all years into the future". The City Administrator then asked Councilmembers if they felt comfortable increasing the City' s levy as a portion of the total tax levy for 1988. It was noted that the City had a lower tax rate compared to comparable cities and that the school may lower its levy for 1988. There was a general discussion about whether the City should try to hold its mill levy down or take advantage of this one time opportunity created by the change in the State law. Consensus was that the City should rase the mill rate in order to capture more State aid now and in the future. The City Administrator then reviewed the evening' s discussion to clarify the changes Council desired in the proposed budget and get consensus on those changes. It was agreed that the City would keep a Planning Intern rather than filling the Planner I slot and use the money saved to hire an entry level Public Works employee beginning in April of 1988. It was agreed to budget for a permanent half time Police Clerk and to offer the Chief the option of creating a CSO position or equivalent on a full time basis by amending the contingency budget when and if a CSO was hired. It was the consensus to maintain the HRA $200,000 revolving loan program as budgeted. It was the consensus to drop the request for $50,000 in street lighting at Memorial Park, but to review the Council policy of dedicating 60% of the park dedication fees to land acquisition and only 40% for park improvements. It was the consensus to include $2,000 in the 1988 budget for a sidewalk replacement program. It was the consensus to make the changes to the proposed 1988 budget as outlined in Item No. 2 of the Finance Director' s memo dated September 28, 1987. (Doc. No. CC-142) The Council decided it would like to review with department heads or study several items during 1988: (1) % review scheduling and staffing of patrol operations in the Police Department, (2) investigate the possibility of a traffic management program, (3) investigate the creation of a program that would require contractors to clean streets in the area of new home construction by billing them for sweeping done by the City, (4) study the cost benefit of contractual cleaning/janitorial services, and (5) provide Council with a copy of the most recent waiting list for seniors trying to get into the Highrise to determine how aggressively the City should seek a second seniors housing project. City Council September 29, 1987 Page 6 Council discussed the possibility of hiring someone to do a park maintenance study as outlined in the Kerr-Thorson Company proposal introduced by the City Administrator. It was decided that this would not be pursued in 1987, but that staff might obtain similar information by requesting it from large park districts like the Scott-Hennepin Park Reserve. The Finance Director asked Council if it was their desire in preparing the 1988 tax levy to maximize the portion of the levy under the general levy rather than various special levies. Council agreed that this should be done. Leroux/Wampach moved to adjourn. Motion carried unanimously. The meeting adjourned at 10: 58 p.m. John K. Anderson Acting City Clerk Peggy Swagger Recording Secretary �J ROCK SPRING SUPPER CLUB 1561 E. 1st Ave. Shakopee, MN 55379 Phone 612-445-3103 October 7, 1987 The Honorable Mayor Eldon Reinke, City of Shakopee, 129 East First Avenue, Shakopee, Mn 55379 Dear Mayor: Our first reaction upon learning of the proposal to build an amphitheater in Shakopee, one which could attract 17 ,000 persons and more, was to oppose this addition to the city for the reason that the traffic problems for moving in and through Shakopee had already spiraled to where it not onlywascausing problems to our establishment but to other business operations in Shakopee including attendance at Canterbury Downs. You were a part of a group having dinner at Rock Spring on a recent Friday evening. I 'm sure that you may have noticed that there were tables vacant during the course of the evening. I 'm sure that you will also recall being a guest in Rock Spring on other week-end evenings during the winter months when there were no tables vacantand possibly there was some waiting time before accommodations were available. The patronage which we have enjoyed over the past years from our neighboring suburbs has diminished during the Canterbury Downs Racing meet, and the reason being that a great vhare of these customers do not relish coping with the increased traffic on highways leading into Shakopee. The enclosed copy of our Letter to the Editor, Shakopee Valley News , reflects our opinion at that time. The Tuesday meeting at the courthouse held recently, coupled with subsequent inquiries into other such comparable entertainment facilities in other locations, prompts us to further oppose this proposed amphitheater for reasons that pose far more serious, grave and sober consequences than the traffic situation. This is illustrated by the enclosed article, "Punk rock fans trash Seattle ferry" as appeared in the Monday October 5, 1987 issue of the Star Tribune. The development of the amphitheater here in Shakopee could mean that Rock Spring would either be planning closing hours to co-inside with the Closing time of the amphitheater (would also mean loss of revenue" and jobs) and/or Rock Spring would be requesting additional help from the city to cope with the type of persons that this attraction would attract. We urge that you, Eldon, as mayor, would urge your council members to give this proposal th it most careful scrutiny so as to make determination as to best ser t&ir' ciPzens of Shakopee. , SincIr grely, y� i / /- Roc Sk pr in 'Supper C David C. Riegger Lou M. Mutsch LMM/ms ROCK SPRING SUPPER CLUB 1561 E. 1st Ave. Shakopee, MN 55379 Phone 612.445.3103 Star Tribune On Y Dabber 5„987. � 3A .- sa9atays*y(sz wnrsjna3fcanry Strikes wntmue at Elizabeth, NJ., Luremeets,hesaid w1a¢lmug fie TwinGws mu M10120mn,a11aJOpar,152 eaemnq ylsmall districts inennsy d two ll drsttPIva- wwksl m tM belalaa of MrtmnOle vb ell OVwl a41n.MBY aWaceplKKis:$ulgey S$$ °t.min. "e S"°M'"t=-b m Punk rock fans trash Seattle ferry .t.min. 3peGial ales fw wCacripwluna nLamN,u.s.poeaezaens an0 iwegn a ca V. oeusm raezmrenuesl.5ecww Associated Press son, a spokeswoman for Washington rlaza ppzege wo w Minmamlrs Mnn., Sate Ferries,said a man chopped up ficaMD noolnory&MfiLLING oFF�cE. Seattlq Wash. seats and tables with an ax. y S.TMASIEnsem moven clangesto A u of fans returning S.ir4ule.a25 pmum n..,MnIWgYis. group g from a T.0 sssee cancan by a British punk rock bead The punk tans were returning from a . T.ylaawaalm nen a emalm cacwaweto knocked rl state ferry out of commis- Friday night wnan in Bremerton; t' mlepubsnwycallewa pimm.n me siomearly Saturday when they Wash., by the British group GBH, chopped tables and chairs with an ax which reportedly stands for Griev- epwr.MaW.eMlwlr and ripped tiles from the ceiling, au- ow Bodily Harm. Members of that - — JmnesMaa,18d1953Fmmm thorities said. band were not aboard the ferry m Seattle but GBH lead singer Jimmy s aog.r.val.al E.aweve vre ne.mpl Police arrested.five people. Wren, told of the micas, said Satur- M " M2 No one was injured, but Pat Patter- day that he was"quietly proud.” dK J - w Letter to the editor-. We are n_ . _ _ ._ nr against the deve:cpmerrt the her, ..._ateY. prgpgsed�tc be erected just adjacent to the Canterbury Downs Race BU-, t Having seen traficc beer:-ed up to 'the east on highways 1')1 and 1= to Insterstate 8 , and north on highway 169 to and beyond the Flying Cloud Airport during the week , but especially on the weekends, I would think that the Shakopee Planning Commission would not issue ary permits for the building of any type of facility that would be attracting the numbers as mentioned in the proposal a+ the Scottiand onoa.n The_:develonsr- as _ -Zrtna, an a . e: .ace Trac.-- s'!aui.d recognize '2'f5at..SnCreaSEC ,ruff l- r. 't!Ye p •:•Y ads is "�G _'_ to ha r10 tr:E acterdan. e. .ai. arttares.�. - uc ns. r'f at were possible - or .Canterbu , ::Downs. to .-vR E sc.ry G. '.pe- ns who, live to attend . _the -races�rrea-uec.tly, : bur Oc -no_ .always attend as Tuch .s thev wpuiG .ke, hir.k 'th _hey would rind -that as because these persons do not enjoy fightipg the traf+ic. As pronerty owners and business ope,�tvrs here _.. _.._.,.._ ee, we are not oo cse,; to a prose o s -..-d growing Shakone.- tp encourage this type .-r deveiopmen as _-coosed bythe -_y_ .._ �pirioanies w _ not be self-serving to to citizens of Gn .I.opeet --is time and o 1 , at such tl. o- in the +_ -_ _ the transportation oroblem, to and throi_in_; the town of Shakopee has been resolved. We c000se this _eveic_m•emt of the amohatheater _= thinkwould think tnat the managament or .anterbury Downs Race T•-acr wouidiikewise OPOQse this development for the same reasons as set forth in this letter. Owners of =:oc :: _.,rine_ Supper Club. Sh-k,pee. Mn MEMO TO: John K. Anderson, City Admi4listrator FROM: Judith S. Cox, City Clerk Lr_ RE: On Sale Sunday Liquor Sales� Prior to 12:00 noon DATE: September 16, 1987 INTRODUCTION: On September 1, 1987 Council set a public hearing for October 20, 1987 at 7:00 p.m. to consider whether or not to permit the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. and 12:00 midnight on Sundays for Class C license holders (Hotel/Motel, Resturant/Lounge) . BACKGROUND: On June 15, 1987 the City received a letter from Mr. Stan Ockwig, General Manager, Canterbury Inn requesting Council to consider allowing the sale of liquor on Sunday starting at 10:00 a.m. on Sundays. On July 21, 1987 Mr. Ockwig appeared before Council explaining his request to permit the sale of liquor on Sunday starting at 10:00 a.m. On September 1, 1987 Council received an opinion from the City Attorney, at Council' s request, stating that in his opinion permitting the sale of liquor in conjunction with the sale of food between 10:00 a.m. and 12:00 midnight to Class C licenses would be a valid exercise of the City's police power as well as its control over the liquor licenses. All on-sale liquor licensees have received a copy of the public hearing notice which was published October 7, 1987. ALTERNATIVES: a) Permit sales before noon on Sunday for class C Licenses. b) Do not permit sales before noon on Sunday for Class C licenses. RECOMMENDED ACTION: Hold the public hearing and then advise Staff whether or not to prepare an ordinance permitting Class C license holders to sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. and 12:00 midnight on Sundays, providing that the license is in conformance with the Minnesota Clean Air Act. NOTICE OF PUBLIC HEARING To Whom It May Concern: Notice is hereby given that the Shakopee City Council will hold a public hearing on Tuesday, October 20, 1987 at 7: 00 p.m. , or thereafter, in the Council Chambers of City hall at 129 East First Avenue to consider whether or not to permit a licensee holding a Class C on-sale liquor license (Hotel/Motel, Resturant/Lounge) , to sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10: 00 a.m. and 12:00 midnight on Sundays, provided that the licensee is in conformance with the Minnesota Clean Air Act. All persons interested, in this matter will be given an opportunity to be heard at this public hearing. Dated this 2nd day of October, 1987. Judith S. Cox City Clerk City of Shakopee Publish: October 7, 1987 Mail copies to 8 on-saleliquor licensees on 10/5/87 CANTfOURYINN tn. Homi d Gnmrw+ry P.,x CL- June 2, 1927 Darlene Schesso CHAMBER OF COMMERCE 129 1st Avenue East Shakooae, MN 55379 Dear Darlene: This letter is a request for the City Council to consider cranting approval of a provision that will allow Sunday liquor licenses holders to serve liouor starting at 10:00 an Sundays. Presently we are not permitted to serve licuor on Sundays until 12 Noon. The reason for the request stems from customer demand. we receive numerous recuest from groups (corporate and association) for Sunday morning champagne brunches. The inability to fulf_1 the customers reoues_ has mrom=ed some of them to co to other hotels, where this is available. T:nis 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 self. We also have many of our present- Sunday brunch customers ask for champagne, bloody mar_ys or mimosas with their brunch. These request are due to our competition being able to offer this service. : am sure tnat nne average individual customer probably does not want a drink before noon; however when that service is available in one area and not another, tt can affect one's deci=_ion where to dine. 7=spectfu2.ly, n Ocxwrg C£h�-, MANAc=R cvcr Yr-D SD/bk JUN 1 5 L°87 OWY OF SHAKOFcc 1244 Canterbury Road- Snal<opee, Minnesota 55379 612-445-36=4 CFiNTcRBURYINN q a- July 21, 1987 Dear Mayor and Council Members: Presently the City ordinances do not allow the sale of liquor before noon on Sunday. State law allows a city by ordinance to allow liquor sales commencing at 10:00 a.m. on Sundays. We have asked the City Council to adopt such an ordinance. We believe that such an ordinance would be beneficial to the City for the reasons noted herein. We and other retail businesses in the City are trying to convince people to spend their business and recreational dollars in the City. Related thereto, we are trying to attract business groups to book their meetings (and hotel rooms) in the City. Many of these groups meet on Sunday and have as part of their decision making as to where to hold the meetings, requested the availability of liquor before noon on Sunday. We have not been able to accommodate these request. We just completed a telephone survey of 50 groups which booked business with us last year and asked them if they would be more apt to rebook with us if liquor were available from 10:00 a.m. to noon on Sunday, 48 of 50 groups said yes. We and other retail businesses in town are competing with cities which allow Sunday liquor sales from 10:00 a.m. to Noon on Sunday including, among others, the City of Bloomington, City of Minneapolis and City of St. Paul. We would be better able to compete with them by being able to serve liquor before noon. We do not expect the volume of liquor sales to be in excess of $100.00 per- Sunday from 10:00 a.m. to noon. So we do not seek this change for thatreason. .13;,,,y We need the change to enable us to convince the meeting planners -for small, .F- medium and large groups that if they desire the service, it is at leas[ M" rye available for morning banquet meetings, brunches, etc. Hopefully, they will have booked rooms with us or elsewhere in town for one or more nights. In fact, we do not plan to open the facility for liquor sales to the public generally because of the high costs of staffing the bar for such limited sale3 potential. Based on my experiences elsewhere, this sale of liquor during these limited hours cause no problems of any nature. Thank you for your consideration of this request. Very truly yours, Sta', GENERAL MANAGER 124d CT^r?rbut9 Rna.l 5hal<nnap, MinnEcnra ceg7Q C,I2_A4S-36A4 JU`IUS A. CODER.II - w A=08 dr 1dM az ..s- z� �e sa mw SH KOPEE. MSNNESOrd 53379 /� A MEND TO: SBAKOpic CITY COUNCIL Jul FROM: Julius A. Collar, II DATE: August 28, 1987 1N RE; Authorizing the sale of intoxicating liquor on Sundays -between 10 AM and 12 o'clock midnight limited to Class C license holders BACKGRODND: I have been asked for a written opinion on whether or not the City can authorize the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10 AM and 12 midnight on Sundays, providing this is limited to Class C On–Sale liquor licenses. ANSWER; Based upon an investigation and full consideration of the matter and the finding that the possibility of abuses and public nuisances arising from the additional hours of permitted sale pf liquor in conjunction with thesale — of of food between the hours of 10 AM and 12 o'clock midnight as limited by the conditions and restrictions attaching to Class C licehses.would not be apt to occur, it is my opinion that granting the additional hours of sale would be a valid exercise of the City's police power as well as its control over the liquor licenses, and assuming that the Council desires to make such concessions, a public hearing must be set on the proposition and thereafter, if it wished to proceed further, the Council would pass an ordinance permitting Class C holders to sell intoxicating liquor for consumption onthe premises in conjunction with the sale of food between the hours of 10 AM and 12 midnight on Sundays, providing that the licensee is in conformance with the Minnesota Clean tis Act. MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Variance granted to Robert Novotny for setback from property line for a accessory farm structure. DATE: October 14, 1987 .INTRODUCTION• Mr. Robert Novotny requested from the City of Shakopee a variance from Section 11.25 Subd. 5 C to allow a 6' setback instead of the required 100' setback for an accessory farm building upon the property located at 3374 South Marschall Road. At their meeting on September 17, 1987 the Board of Adjustment and Appeals granted a 31' variance to Mr. Novotny allowing him to construct his accessory farm structure 69' from the property line instead of the required 1001 . Mr. Novotny has appealed the variance granted by the Board of Adjustment and Appeals to the City Council. BACKGROUND: The attached information provides the background for the appeal, included are: 1. Staff report to Board of Adjustment and Appeals 2. Site plan 3 . Minutes of the September 17, 1987 meeting. 4. Letter of Appeal from Mr. Novotny ALTERNATIVES• 1. Offer Variance Resolution of the City Council CC-506 approving of a 31' variance. 2. Offer Variance Resolution of the City Council CC-506 and move for denial of the variance. 3. Offer Variance Resolution of the City Council CC-506 and move for approval granting a setback variance different than approved by the Board of Adjustment and Appeals. ACTION REOUESTED• Offer . Variance Resolution of the City Council CC-506 and move for approval or denial as outlined in either alternative 1, 2 or 3 above. - MEMO TO: Shakopee Board of Adjustment and Appeals D b FROM: Douglas K. Wise, City Planner RE: Variance Request by Robert Novotny DATE: August 27, 1987 Description of Request: A 94 foot variance from the required 100 foot for an accessory farm structure. Location: 3374 S. Marschall Road Parcel No: 27-930004-1 Owner: Robert Novotny Property Use: Residential/Agricultural Applicable Code Provisions: Section 11.25 Subd. 5 C Considerations: City staff has concluded .that the following are applicable considerations: 1. Section 11.25 Subd. 5C "Accessory farm buildings shall not be erected within 100 feet of a neighboring property. " Non-farm accessory buildings are only required to be 5 feet from the property line. The building permit application submitted by Mr. Novotny states the use of the structure will include storage of agricultural equipment. 2. Section 11.30 Subd. 6 Accessory Buildings. "No detached garage or other accessory building shall be located nearer the front lot line than the principal building on the lot." 3. Review of the site plan indicates that the structure could be placed on the east or north side of the existing storage building, or on the north side of the house and still comply with the required setback. Findinas: Criteria: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties 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. Finding: 1. Size and arrangement of property and location of old existing foundations, with the exception of existing storage building, were done prior to purchase of property or enactment of this chapter. The location gb of the existing storage building was determined by the applicant after enactment of this chapter and is a self-imposed limitation on the future location of the proposed storage structure. Criteria: 2. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding: 2. A literal interpretation of the provisions of this Chapter limit the location alternatives for this structure. It is staff' s conclusion that within these limitations, alternatives do exist that would comply with the provisions set£orth in this Chapter. Criteria: 3. That the special conditions or circumstances do not result from the actions of the applicant. Finding: 3 . Major limitations for the locating of this structure were created by the applicants past actions. (ie. location of existing storage building) . Criteria: 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. Finding: 4. Granting of this variance will confer on this applicant a special use of property denied to other property owners within the same district (ie. locating a farm accessory building within 100 feet of the property line) . Criteria: 5. The variance requested is the minimum variance which would alleviate the hardship. Finding: 5. Staff concludes that other options exist that would comply with code provisions or would comply with a variance of a lesser magnitude. Criteria: 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Finding: 6. It is staff' s conclusion that granting of a variance would not be detrimental to the purpose of this Chapter or to property in the same zone. Staff Recommendation: Staff recommends denial of Variance Resolution #506 allowing a farm accessory building to be located 6 feet from the property line. Staff' s recommendation is based on the conclusion that alternative locations for this structure exist that would comply with the code. Because these alternatives are limited, if proof can be - - sited that construction of an accessory building on these locations is not practical or feasible, staff would not be opposed to the granting of the minimum variance necessary to allow construction of the accessory farm building. gh _ 7Z - m AE o a o V Board of Adjustments 6 Appeals QA September 17 , 1987 O Page 3 PUBLIC HEARING - VARIANCE REQUEST NO. 506 - ROBERT NOVOTNY Foudray/Schwartz moved to open the public hearing to consider an application for a variance to allow a 6 foot setback instead of the required 100 foot setback for an accessory farm building at 3374 S. Marschall Road. Motion carried unanimously. The City Planner gave background on the reauest noting that --- farm equipment. _ the- the would be used to - - - Robert Novotny, 3374 S. Marschall Road, stated that a tornado took down a barn and the footings are buried, causing difficulty in building in other areas. The proposed building I will be a pole-type building. Discussion was held relating to other building -locations on the property. Rich Loceais, 3364 Marschall Road, owns property directly to the Nest asked for clarification of the 100' setback for farm buildings within the City of Shakopee. Be feels that having the buildings in one area on the Novotny property would be most convenient. Schwartz/Foudray moved to close the public hearing. Motion I carried unanimously. ` Foudray/Scbwartz moved to grant Variance Resolution -.-506, subject to the proposed building be located on the Property a 'I a location where its Westerly edge would nave at .e=_s= a 69 ' Isetback.. Motion carried unanimously. L Chair vanMaldeahem advised the azolicant of the 7 day appeal Droce=_s. �PLBLIC HEAF,ING - VP.RIANCE RESOLUTION NO. 507 - E.L. WEINANDT Schwartz/Cza ja moved to open the Dublic hearing to consider an anD'-ication I= variances to allow a 75 foot setback from the lakeshore (w-ch exists on -three sides cf the proper=Y) instead of the required 100 foot setback to construct a dwelling on Block 1, Lot 10, Weinandt lst Addition. Motion carried unanimously. The Citv Planner reviewed the request and Dointed out that .2�-- acre requirement. Commen=s from the D.R.R. on the variance request were negative to granting the variance. E.L. Weinandt, 2984 S. Marschall Road, spoke about the uniqueness of the Denirsula with a view of the lake from 3 sides. He has assurances that =septic system will be adequate. � 6 September 22, 1987 21987 Mr. Douglas Wise CITY OF SH"rOPEE Shakopee City Planner .. Shakopee City Hall Shakopee, MN. 55379 -- - RE: Requested Variance Dear Mr. Wise: --- - - On September 17, 1987, I appeared before the city planning board to request a six (6) foot variance for a proposed building on my property located at 3374 S. Marschall Road, in the city of Shakopee. The proposed use of this building is agriculture storage. This request was denied. I am now requesting further review of this matter based upon existing need. Thank you for your consideration. Sincerely, Robert G. Novot 3374 S. Marsch Road Shakopee, M. 55379 Telephone: 445-2000 MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Variance Denied to H.L. Weinandt for setback from the Lakeshore DATE: October 14 , 1987 INTRODUCTION• Mr. H.L. Weinandt requested from the City of Shakopee a variance from Section 11.35, Subd. 6 to construct a dwelling 75' from the lakeshore (which exists on three sides of his property) instead of the required 100' setback from the lakeshore upon the property located on Block 1, Lot 10, Weinandt lst Addition. At their meeting on September 17, 1987 the Board of Adjustment and Appeals denied Mr. Weinandt's variance request. Mr. Weinandt has appealed the denial of the variance to the City Council. 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 3 , Minutes from the September 17, 1987 meeting. 4. Letter of Appeal from Mr. Weinandt ACTION REOUESTED: Offer Variance Resolution of the City Council CC-507 and move for approval or denial. �C, MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, city Planner RE: Variance Request by H.L. Weinandt DATE: August 27, 1987 Description of Request: A 25 oot building osetback ot lance from he 100 f requirementwithinthe Shoreland Zoning District. Location: Block 1, Lot 10, weinandt 1st Addition - Parcel No: 27-098010-0 - - Owner: H.L. weinandt Property Use: Platted Single Family Residential Applicable Code Provisions: Section 11.35 Subd. 6 Building setback from highwater mark on Recreational Development Waters is 1001 . Considerations: Upon discussion and review of the site plan, staff concludes the following are the main considerations identified by staff: 1. Alternative locations do exist on the site for placement of the dwelling in compliance with code provisions. 2. The proposed building location requires setback variances on three sides. 3. The applicant proposes to locate the septic system on the peninsula with the dwelling. Staff questions whether adequate space exists on the peninsula for location of the dwelling and utilities. 4. The granting of this variance may create a precedent as to the location of future residential development on O'Dowd Lake. 5. Attached is a letter from the DNR supporting staff' s findings. Findings- Criteria: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties 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. Finding: 1. No exceptional or extraordinary circumstances exist. The said lot is the same if not larger than surrounding lots, which all provide adequate area to construct a dwelling in compliance with City Code provisions. Topography does not preclude construction in compliance with City Code. The owner platted and controls this lot and adjacent lots. Criteria: 2. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding: 2. The literal interpretation of this Chapter would _ not deny this applicant the rights to construct a dwelling on the property. Criteria: 3. That the special conditions or circumstances do . not result from the actions of the applicant. Finding: 3. The applicant platted and controls this lot and the adjoining lot. The location of the dwelling on these parcels is within their control. Criteria: 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. Finding: 4. Granting of this variance would confer upon this property owner a special privilege to utilize land for the construction of this dwelling closer to the shoreline, which other property owners would not be able to utilize. Criteria: 5. The variance requested is the minimum variance which would alleviate the hardship. Finding: 5. The property owner. can construct a dwelling on the lot according to code provisions, therefore a hardship does not exist. Criteria: 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Finding: 6. The granting of this variance would be detrimental to the intent and purpose of this Chapter by not maintaining the necessary control over Shoreland development within the City. Staff Recommendation -_ City staff recommends denial of Variance Resolution #507 allowing a 25 foot variance from the .required 100 foot setback as required within the Shoreland District. STATE OF L , tDEPARTMENT OF NATURAL RESOURCES PHONE N0. 612/296-7523 1200 Warner Rd., St. Paul, MN. 55106 =L_ NO August 25, 1987 71981 Mr. Doug Wise, Planner - City of Shakopee '17'y OF S 129 East First Avenue FlA KOPEc Shakopee, Minnesota 55379-1376 a _ Dear Mr. Wise: RE: H.L. WEINANDT VARIANCE REQUEST, O'DOWD LAKE Please enter the following comments into the record at any hearings concerning Mr. Weinandt's request for a variance at Lot 10, Block 1, Weinandt's First Addition. Based on my review of this request and previous knowledge of the area, I recommend denial of this variance. I previously met at this site on April 2, 1987 with Mr. Weinandt. Unfortunately, my observations from the inspection do not coincide with the survey submitted with the variance request. During the field review, Mr. Weinandt and I looked at some stakes he had set at the setback line. The stakes were about one foot or so apart. Thus the peninsula (but not the lot) is undevelopable under existing shoreland standards. Moreover, I don't believe the Ordinary High Water mark (OHW) is accurately depicted on the survey. My recollection is that there is a much narrower "neck" of land at the eastern end of the peninsula which closely approximates the 946 contour. If you were to stand at a point on the south lot line (the 330' long lot line) roughly 250 feet easterly of the lake, I believe the OHW mark would be considerably closer than shown on the survey. There was quite extensive standing water north and south of this point in April of last year (1986). I am also unclear with the reference to a "new lot line" which was shown as a lot line 157 feet long. Is this a proposed eastern lot line? If it is, I believe most of it is in the lakebed. I also believe this would mean a variance from the standards for lot sizes and for subdivision in the City's ordinance. In my reading of the City's ordinance, the applicant must show that enforcement of the ordinance imposes undue hardships to the owner. I do not believe there is such a showing in this instance, because the existing lot is developable under current setback requirements. Therefore, the literal interpretation of the ordinance does not deprive the applicant of rights commonly enjoyed by other properties in the subdivision. AN EQUAL OPPORTUNITY EMPLOYER c� City of Shakopee August 25, 1987 Page Two In addition, the special conditions of the lot do in fact result from the actions of the applicant. This is the same person who subdivided the land and created the lot with its' obvious physical limitations imposed by a -steep sided, narrow peninsula. Now, though the lot is - developable, the applicant finds the setback requirements aren't good enough. Finally, granting of this variance would confer a special privilege to the owner of this lot that hasn't been given to owners of other shoreline properties. In the other recent development on O'Dowd Lake (the golf course) the setbacks were adhered to on the riparian lots, even though the existing platted lots were less than 20,000 square feet in size. In short, the applicant clearly does not meet three of the criteria for granting variances, as described in the City's ordinance. For this reason, the variance must be denied. If I may be of further assistance please feel free to call me at 296-7523. Thank you for the opportunity to review this proposal. Sincerely, Mike Muel at Area Hydrologist METRO REGION DIVISION OF WATERS MM12/lkr O'DOWD LAKE NORMAL WATER ELEV. 943.5 HIGH WATER MARK 945.0 / 75• moo' � � l — � Y s B r i ° r - Board of Adjustments 5 Appeals VC� Seotember 17, 1957 Page 3 PUBLIC HEARING - VARIANCE REQUEST NO. 506 - ROBERT NOVOTNY Foudray/Schwartz moved to oven the public hearing to consider an application for a variance to allow a 6 foot setback instead of the required 100 foot setback for an accessory farm building at 3374 S. Marschall Road. Motion carried unanimously. The City Planner gave background on the request noting that the building would be used to store farm equipment. Robert Novotny, 3374 S. Marschall Road, stated that a tornado took down a barn and the footings are buried, causing difficulty in building in other areas. The prODosed building will be a pole-type building. Discussion was held relating to other building locations on the property. Rich Logeais, 3364 Marschall Road, owns property directly to the west asked for clarification of the 100r setback for farm buildings within the City of Shakopee. He s that having the buildings in one area on the Novotny property would be most convenient. Schwartz/Foudray moved to close the public hearing. Motion carried unanimously. Foudray/Schwartzmoved to grant Variance Resolution 1506, subject to the proposed building be located on the property at a location where its westerly edge would have at _east a 69 ' setback. Motion carried unanimously. Chair VanMalaeghem advised the applicant of the 7 day appeal roc_ss. �pUBLIC HEARING - VARIANCE RESOL U' TON NO. 507 - E.L. wEINANDT Schwartz/Czaia moved to open the public hearing to consider - an application for. variances to allow a 75 foot setback `rpm the Lakeshore (which exists on t_ sides of the property) nstead of the required- 100 foot setback to construct a dwe'---ing on Block . 1, Lot 10, Weinandt 1st Addition. Motion carried unanimously. The City Planner reviewed the.. request and pointed out that . the-lct-s�_l=, tho-res-u= .r-2-Da c=" woufd=m=_et-the -2.. acres requirement. Comments from the D.N.R. on the variant request were negative to granting the variance. H.L. Weinandt, 2964 S. Marschall Road, spoke about_ the uniqueness of the peninsula with a view Of the lake from 3 Sides. He has assurances that septic system will be adequate. Board of Adjustments & Appeals September 17, 1967 Page 9 Czaja/Schwartz moved to close the public hearing. Motion carried unanimously. Issues were discussed relating to high water levels, the uniqueness of a peninsula and the setting of a precedent for Other variances. -- - Foudray/Schmitt moved- to approve variance- Resolution 4507 allowing a 25 foot variance from the required 100 foot setback as required within the Shoreland District. Motion £ailed with Comm. Schwartz, Schmitt, Czaja and Vanmaldeghem opposed. Chair VanMaledghem advised the applicant of the 7 day appeal process. :he City Planner advised the Board members that the Schmitt variance which was denied by this body was appealed and denied by the City Council. . Czaja/Schwartz moved to adjourn. Motion carried unanimously. Meeting adjourned at 9: 16 p.m. Douglas R. Wise City Planner Peaav Swaq_ger - Recording Secretary gC� September 24, 1987 City of Shakopee City Hall Shakopee, Minnesota 55379 RE: VARIANCE RESOLUTION 8 507--H.L. WEINANDT Honorable Council Members; Pursuant to the Ordinances of the City of Shakopee please consider this letter to be an appeal to the action taken by the City of Shakopee Planning Commission - . on the 17th of September, 1987. I have received a copy of the denial of my request on the 22 of September, 1987. I feel that based on the presentation of the request the variance, should have been granted. I don't believe that the Planning Commission Members truly consid- ered the UNIQUENESS of this piece of property. I am sure that after viewing the property and the sketches that were submitted your honors will see what I am talking about. This piece of property is a Peninsula. There is probably no other pieces of property like this around the area. The requested variance will therefore not set any precedent since as far as I am able to determine there are no other pieces of property that are even remotely close to this one. The variance that has been requested is only a variance of 25% from the existing setback. All items regarding such items of functional capacity have beendealt with and have been adequately addressed. The position of the proposed home would satisfy all of your requirements. At this point I must advise the Council that there was absolutely NO OPPOSITION from any of my neighbors, in fact a signature type petition form was presented to the Planning Commission in favor of the proposed variance request. Next The Department Of Natural Resources Letter submitted by Mike Mueller dated August 25, 1987 seems to rely completely on his recollections and not based on the factual data submitted in the forms of surveys and topographical information. My understanding is that the variance that I have requested falls completely within the regulations of the Department of Natural Resources. Perhaps if the Council would care to I will personally take you on a tour of the site so that you are better able to appreciate the beauty and uniqueness of this property. ladies and Gentlemen of the Council, I am asking you to please grant this appeal and allow the property to be used to its best use and please grant my request for avariance. Sincerely Yours; Harry and Lillian Weinandt. -- MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Variance granted to Breckenridge Development Corporation for front yard setbacks DATE: October 14, 1987 INTRODUCTION: The Breckenridge Development Corporation has requested a variance from City Code Provisions outlined in Section 11. 05, Subd. 3 E 6 a. and Section 11.03 , Subd. 11, for the property located at 630 First Avenue East, to allow the following: 1. A 40' front yard setback instead of the required 50' setback. 2. A 5' parking lot setback instead of the required 15' setback. At their meeting on September 17, 1987 the Board of Adjustment and Appeals approved the variance requests of Breckenridge Development Corp. to allow a 40' front yard setback and a 5' parking lot setback. The Board of Adjustment and Appeals also passed a motion to not alter it's previous decision regarding a variance allowing 34 parking spaces instead of the required 40 parking spaces for the property. The variance decision of the Board of Adjustment and Appeals has been appealed by Ms. Beverly Koehnen to the City Council. BACKGROUND: Breckenridge Development Corp. had previously requested a variance of 6 parking spaces from the required 40 parking spaces for the Kennedy Transmission Shop building and the proposed addition. The variance allowing 34 parking spaces in lieu of the required 40 parking spaces was approved by the Board of Adjustment and Appeals on June 4 , 1987. This decision of the Board of Adjustment and Appeals was appealed to the City Council by Ms. Beverly Koehnen. At their meeting on July 7, 1987 the City Council referred the issue back to the Board of Adjustment and Appeals after the question of possible setback variances was raised. After it was determined that setback variances would be necessary for the construction of the addition as proposed, Breckenridge Development Corp. requested a 10' variance from their required 50' front yard setback and a 10' variance from the required 15' parking lot setback. At their meeting on September 17, 1987 the Board of Adjustment and Appeals granted the variance as requested by Breckenridge Development Corp. The Board of Adjustment and Appeals also passed a motion to not alter their previous decision regarding the variance for the number of parking spaces. The attached information provides additional background for the appeal, included are: 1. Staff reports to the Board of Adjustment and Appeals. 2. Site plan. 3 . Minutes of the August 6, 1987 and September 17, 1987 Board of Adjustment and Appeals meetings. 4 . Letter of Appeal from Ms. Beverly Roehnen. 5. Minutes from the July 7, 1987 City Council meeting. 6. Information packet distributed to City Council prior to July 7 , 1987 meeting. ACTION REQUESTED: 1. Offer Variance Resolution of the City Council CC-504 and move for approval or denial. 2. Offer Variance Resolution of the City Council CC-493 and move for approval or denial. MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, city Planner RE: Variance - Breckenridge Development Corporation DATE: August 27 , 1967 Introduction• At their regular meeting on August 6, 1987 the Board of Adjustment and Appeals continued the hearing on a variance request by Breckenridge Development Corporation for the property located at 630 First Ave. East. The proposed variance request is for the 10 ' variance from the required 50 ' front yard setback and a 10 ' variance from the required 15 ' parking lot setback for an addition to the building which presently houses Kennedy Transmission Shop. Background• For background information please find attached; a copy of the staff memo dated July 31, 1987 and a new drawing with dimensions showing the proposed site. At the last public hearing held on August 6th, Ms. Beverly Koehnen raised several concerns regarding the proposed variance request which resulted in the Board of Adjustment and Appeals continuing the hearing to this date. The concerns raised by Ms. Koehnen include: 1) reconsiderations of the previously granted parking variance and it' s relationship to this request, 2) questions concerning the existence of a possible alley adjacent to this property in the rear, 3) a concern regarding whether this property in it' s initial development complied with the requirements of the City Code regarding the parking lot setback and landscaping, and 9) the applicants ability to split this property in the future. City staff' s response to these concerns are as follows: 1. After reviewing the information previously submitted and files, including the files concerning the request for a variance from the number of parking spaces required, it is the Staff' s conclusion that previous variances for this property should be taken into account by the Board of Adjustment and Appeals during it' s deliberations on whether or not to grant a variance from the City' s setback requirements. In particular, if the granting of a variance from the codes parking space requirements has an impact on the applicants ability to meet setback requirements, this should be taken into consideration. - After reviewing the minutes from the July 7, 1987 City Council meeting where a hearing was held on the appeal of the parking variance granted by the Board of Adjustment and Appeals, staff recommends that following action on the setback variance request, the Planning Commission should indicate to the City Council whether or not the Planning Commission has altered it' s position regarding the parking variance. 2. At a previous hearing conducted by the City concerning this property, the City Engineer stated that we have no record of a alley existing adjacent to this property. Ms. Koehnen indicated that there is an 8' strip of land on which an alley was to be constructed and that is not contained within the legal description for her property adjacent to the property of the applicant. The applicant' s property - description contains a depth of 150' which would include their half of the alley if one did exist. Because the property owner applying for this variance owns clear title to the described property the issue of the alley is not pertinent to this variance. If Ms. Koehnen' s legal description does not contain this 8 ' of property, staff suggests that she pursue through legal means having her property description changed to include this property. 3. The current requirements for parking lot setback and landscaping became effective on January 31, 1985. The building permit for the existing building which includes Kennedy Transmission Shop was approved in December of 1984 prior to the effective date of these changes. Therefore the setbacks and landscaping requirements for the original building were not required to Comply with the requirements now in effect. With the exception of the setback from the front property line, if a variance is granted, the new parking lot will comply with current City Code requirements. 4. The property on which the existing building is located and the lot being added must be joined together as one "parcel" in order for the addition to be constructed. Any future splitting of this parcel must conform to the requirements of the City' s subdivision ordinance. A future lot split or subdivision of this property could not be approved by the City because the new lots would not meet the requirements for setbacks and parking. Findinas and Recommendations: 1. The staff findings and recommendations regarding the setback variance application are the same as found in the attached memo dated July 31, 1987. 2. Staff recommends the Planning Commission not alter it' s previous action on a variance allowing 34 parking spaces instead of the required 40. The enclosed site plan shows 37 spaces, staff recommends the 3 spaces closet to First Ave. and next to the entrance be eliminated to allow for better Traffic circulation within the parking lot. MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: variance - Breckenridge Development Corporation DATE: July 31, 1987 Introduction• Breckenridge Development Corporation which owns the Kennedy Transmission Shop on Highway 101 is planning to add to the building for additional auto services. Current front yard and parking setbacks for the existing building do not meet City Code requirements. A variance was previously granted for the front yard setback on the existing building. The addition will need a 10 foot variance from the front yard setback and a 10 foot variance from the required parking lot setback. The parcel is located in a B-1 District. Considerations: 1. The developer must comply with all landscaping requirements as listed in City Code Section 11.29, Subd. 6 C. This consideration shall apply to the existing lot also. 2. The proposed addition is the minimum required to accc-. modate the proposed use, which is a permitted use in the B-1 District. The developer has explored alternative arrangements for the addition on the site. The variances requested are the minimum necessary to allow for construction of the addition on the site. 3. Parking circulation on the proposed addition may not be adequate. Redesign from diagonal to parallel parking will alleviate this. Findings- Criteria: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties 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. Finding: 1. The size of the lot given the proposed use is such that it could not be constructed without a variance. This does not generally apply to properties in the same zone. Criteria: 2. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding: 2. The use requested is a permitted use within the B- 1 District, therefore other property owners commonly enjoy the right to develop their property for the same use. A literal interpretation of the code would deprive the owner of this right. Criteria: 3. That the special conditions or circumstances do not result from the actions of the applicant. Finding: 3. The lot size was platted prior to the owners obtaining the property. . The size and shape limits the owners options to where he can place the new structure. Criteria: 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. Finding: 4. The use is permitted in the district and the privilege to utilize property in this manner applies to all land owners in the same district. Other buildings in the same district are located as close if not closer, to the highway, as this proposed building would be. Criteria: 5. The variance requested is the minimum variance which would alleviate the hardship. Finding: 5. The building size requirements for this use have been established and cannot be decreased without damaging the operation of the business, therefore in order for the use to be located on this property a variance must be granted. The developer has explored alternative locations for the structure and it has been concluded that the variance requested is the minimum to alleviate the hardship. Criteria: 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Finding: 6. Given the existing setbacks of other building in the same zone, this building would have a equal or greater setback. Failure to grant the variance would be detrimental to the property by: 1) not allowing sufficient building size to safely carry out the use and 2) denying adequate traffic circulation for safe entry and exists. Recommendations: The staff recommends approval of Variance Resolution #504 allowing a 40 ' building setback from the front property line and a five foot parking lot setback from the front property line. I c z �^ fn P dZ � s � C �e a i J LII O I} S r� iw.c:cT sT�EET r G_ r MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: Variance - Breckenridge Development Corporation DATE: July 31, 1987 Introduction: Breckenridge Development Corporation which owns the Kennedy Transmission Shop on Highway 101 is planning to add to the building for additional auto services. Current front yard and parking setbacks for the existing building do not meet City Code requirements. A variance was previously granted for the front yard setback on the existing building. The addition will need a 10 foot variance from the front yard setback and a 10 foot variance from the required parking lot setback. The parcel is located in a B-1 District. Considerations: 1. The developer must comply with all landscaping requirements as listed in City Code Section 11.29, Subd. 6 C. This consideration shall apply to the existing lot also. 2. The proposed addition is the minimum required to accommodate the proposed use, which is a permitted use in the B-1 District. The developer has explored alternative arrangements for the addition on the site. The variances requested are the minimum necessary to allow for construction of the addition on the site. 3. Parking circulation on the proposed addition may not be adeauate. Redesign from diagonal to parallel parking will alleviate this. Findinas Criteria: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topograrny, or other circumstances over which -_he owners of property since enactment of this Chapter have had no control.. Finding: 1. The size of the lot given the proposed use is such that it could not be constructed without a variance. This does not generally apply to properties in the same zone. Criteria: 2. The literal interpretation of theprovisions of this Chapter would deprive the applicant of riahts commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding: 2. The use requested is a permitted use within the B- 1 District, therefore other property owners commonly enjoy the right to develop their property for the same use. A literal interpretation of the code would deprive the owner of this right. Criteria: 3 . That the special conditions or circumstances do not result from the actions of the applicant. Finding: 3. The lot size was platted prior to the owners obtaining the property. The size and shape limits the owners options to where he can place the new structure. Criteria: 4. That granting of the variance requested will not confer on the applicant any special privilege that is - denied s -denied by this Chapter to owners of other lands, structures or buildings in the same district. Finding: 4. The use is permitted in the district and the privilege to utilize property in this manner applies to all land owners in the same district. other buildings in the same district are located as close if not closer, to the highway, as this proposed building would be. Criteria: Z. The variance requested is the minimum variance which would alleviate the hardship. Finding: 5. The building size requirements for this use have been established and cannot be decreased without damaging the operation of the business, therefore in order for the use to be located on this property a .variance must be granted. The developer has explored alternative locations for the structure and it has been concluded that the variance requested is the minimum to alleviate the haresnip. Criteria: 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Finding: 6. Civen the existing setbacks of other building in the same zone, this building would have a equal or greater setback. Failure to grant the variance would be detrimental to the property by: 1) not allowing sufficient building size to safely carry out the use and 2) denying adequate traffic circulation for safe entry and exists. Recommendations: The staff recommends approval of Variance Resolution -:504 allowing a 40 ' building setback from the front property line and a five foot parking lot setback from the front property line. PROCEEDINGS OF THE BOARD 0-, ADJUSTMENTS AND APPEALS ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17 , 1987 Chairwoman VanMaldeghem called ea he meeting eoudrayoporder at Also P.m. with Comm. Schwartz, CityPlanner and Dennis present were Douglas K. Wise, Kraft, Community Development Director. Czaja/Foudray moved to approve the posted agenda. Motion carried unanimously. Czaja/Foudray moved to approve the minutes Of the August 6, 1987 meeting as printed. Motion carried with Chairwoman VanMaldeghem abstaining because of her absence at that - - meeting. Foudray/Czaja moved to approve the minutes of the September 3, 1987 meeting as printed. Motion carried unanimously._ I CONTINUED PUBLIC HEARING - VARIANCE REQUEST N0. SOS L BRECKENRIDGE DEVELOPMENT CORPORATION Czaja/Foudray moved to continue the public hearing to consider an application for variances to allow a 40 foot front yard setback instead of the required 50 foot setback and a 5 foot parking lot setback instead of the required 15 foot setback for the proposed a6dition to the enue East.eXM tion Aamco Transmission Shop at 630 r carried unanimously. The City Planner went over the background and considerations of the request, pointing out that the name of the business has been changed to Kennedy T ams ission on - The City Council 'held a hearing on July 7, anneal of the parking variance granted by the Board of Adjustment and Appeals and would like a decision by the Planning Commission whether its Dosition has been altered regarding the parking variance. Jim Bartlett, representing Breckenridge Development, asked that the Board carefully consider only the items pertinent to ':his matter. He stated that no other adjoining property owners have indicated an opposition. Beverly— Koehnen-,--2036—.Capterbur-v—Road outlined--her — concerns related to the project, including potential sale of a Dart of the building, a future alley, yard and landscaping and, most importantly, Darking. Ms. Koehnen noted that there are 5 office spaces and wondered if any of these would be rented out separately of the automotive businesses. Board of Adjustments and Appeals September 17, 1987 Page 2 Discussion was held on the matter of the lots being combined and what subdivision procedures would be necessary in the future. Possible benefits of diagonal versus parallel parking were explored. Mr. Czaja asked Mrs. Roehnen how she felt her property value would be reduced. She responded that she felt 40 parking spaces would be - acceptable and that she was concerned about future uses of this facility. Mr. Bartlett indicated that any illegal parking could be handled through a complaint with the Police, and his feeling was that there would be no reduction of property values. Comm. Schmitt took his seat at 8:15 p.m. Cletus Link, 12831 Link Dr. , feels the zoning requirement and 20 foot side setbacks is too restrictive and he has asked that the Planning Commission review this. Bob Novotny, 3374 S. Marschall Road, asked if there were any railroad tracks on the property. There are not. Foudray/Schwartz moved to close the public hearing. Motion carried unanimously. The minimum requirements for side setbacks were discussed. It was questioned why there is a 1 ' narking lot setback on one side of this property. The building permit will he reviewed and this will be investigated. Foudray/Schwartz moved to approve variance Resolution #504 allowing a 40 ' building setback from the front property line and a five foot narking lot setback from the front property line and not to alter the previous action on a variance allowing 34 parking spaces instead of the required 40 . A condition of this motion is to include language to be formed which states that this shall remainone legal parcel of record. Motion carried with Comm. Czaja opposed and Comm. Schmitt abstaining.. Chair vanMaldeghem advised the applicant c'_ the 7 day appeal process. Board of Adjustment 6 Appeals _ August 6 , 1967 Page 2 PUBLIC HEARING - Variance Recuest William Nevin Foudray/Rockne moved to open the public hearing to consider an application for a five foot variance from the required ten foot side yard setback to construct an addition to the existing dwelling at 612 East 7th Avenue. Motion carried unanimously. The city ants three-seasonnnporch er viewed athconcrete csl b already in t inexistence. the zoning is R-2. There were no comments from the audience. Foudray/Rockne moved to close the public hearing. Motion carried unanimously. Rockne/Schwartz moved to approve the Variance Resolution No. 503 allowing a five foot variance from the required ten foot side yard setback to construct an addition to the existing dwelling located at 612 East 7th Avenue. Motion carried unanimously. CPUBLIC HEARING - Variance recuest No. 504 Breckenridge Development Foudray/Schwartz moved to open the Dublic hearing to consider an es t0 allow a 40 foot front yard setback application for varianc instead of the required 50 foot setback and a 5 foot parking lot setback instead of the required 15 foot setback for the proposed addition to the existing Aamco Transmission Shop at 630 First Avenue East. Motion carried unanimously. The City Planner reviewed the background of this recuest- He said the setback requirement is 50 feet since it is located on an arterial street. Jim Bartlett, 100 SE10th Street, said that at the time it was built the building was in compliance with the ordinances, since then the ordinances have been changed. Clete Link, Geln Ellyn Park, Shakopee, said the original permit for the building was pulled in December of 1984 and at the time it was in compliance with the ordinance. The hardships are that the property is zoned B-1 but the setbacks are not the same as in the downtown area and if all the setbacks were to be met then no building could be built on this land at all. Beverly Koehnen, 2036 Canterbury Road stated she has a number of concerns regarding the setback variances on this property. Her first concern regarding the six stall building and the parking variance are mentioned in her memo dated June 26th, 1987 which Board of Adjustments and Appeals August 6, 1967 Page 3 she presented to the Board. Her second concern was whether this building could be sold off in pieces. Third concern was that of the alley. The City must decide if this alley exists or not. She had no personal feelings either way but would like an answer on whether it exists or not. The City Planner read into the record a letter from Mr. LaTour stating his opposition to this variance request. Rockne/Schwartz moved to enter LaTours letter of opposition into the records. Motion carried unanimously. Shwas the concensus of the Commission to table this item until opinion from the City Attorney could be obtained. Foudray/Rockne moved to continue the public hearing to September 3rd meeting and direct Staff and City Attorney to investigate and .advise the Commissioners as to pertinence of the items raised. Motion carried with Comm. Rockne opposed. Foudray/Schwartz moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:30 p.m. _.� Douglas Wise City Planner Carol Schultz - Recording Secretary _ I�. I 1 4 -= t Beverlj T ec: .cn 20°.6 Ca_tcrb=y Road Shahopee, --iw:. 55:74 Sete_ber 24, 10,87 yor Wildon Rcinhe !,;9 Enc � First Avenue 5h_•1:o_nee, y]?i�:. 55?74 _tt: Dou^l as `J i se Der Sir, s <ro j '_azow: .n,.. a non! of the Do-rO- o: ?.djustment 1110 ,Pre^.ls a.nnroval of a Parking v ria_ce will soon be brought back for jour -'final decision. . This variance is recuested by Drechenridse Develop =ent Cornoretion to reduce the number of pari=_in;^ stalls recuired I the ^ronosed c.dd.ition to the ?esco Trensmdssion buildin^. The Fly^ing Co^=ission voted to uphold their crevious an_roval of a reduction from 40 to - stalls.. 8. K. I still an very concerned not only by *he reduction in the nuroer of stalls, but also that the narallel parking allip-_ent of the stelis v;ill create even less. narking. That is, people do not like to n rallel park and they rill not use some of the proposed sne.ces. In order to alloy pity Council the same fleyibility the Plenning Co^�+ission had to reaesign the nc.rkir_g, I will also anile Vari:=nce -Resolution #504. In this variance, 'Planning Co=JE£ion granted annroval of Breckenridge Development Cornorc ion' s recuest for a variance from the rec_.uired yard setbacks 1zd from recr_ired parking lot setbacks. I do eggree ':rith the condition 'r1:-'"_ g Co =issien Placed on Variance Resolution '504 which =as c.__ _fie to nrevent Dreckerrid_e Development Corporation from selling Part of the building to senar^cte Omer. you for your consideration of this =atter. Sincerely, Bev I.oehnen t Shakopee City Council Page Six July 7 , 1987 The city Planner explained that the Board of Adjustment and Appeals has approved a variance from the required 40 parking stalls to 34 and Ms. Koehnen has appealed that decision. Discussion ensued on whether or not an additional variance is required for the setbacks from the property line. Beverly Koehnen, adjacent property owner, stated that if the variance request for the 34 parking stalls is approved now, that would be pre-prejudicing a second variance request. She also questioned whether or not the plantings required by the new parking requirements were in the City boulevard instead of on the applicant' s property. Jim Bartlett, representing the developer, stated that it was unlikely that they would need the 34 stalls and that parking is the main issue; they will come back later if setback variances are necessary. Clete Link explained that when the City was first approached for setback variances it was because there was no way to get a building on the property. He recommended looking at the setback requirements in the B-1 zone. Some cities don't require setbacks. Beverly Koehnen suggested that the City look and see if an alley is desirable in this location. Cncl. Leroux stated that it looks like two potential variances are necessary, one from the parking requirements and one from the setback requirements, and that he would prefer them both to be considered at the same time. Mayor Reinke asked if there was additional questions. There was no response. Clay/Leroux moved to close the public hearing. Motion carried unanimously. Leroux/Wampach moved to refer the variance request by Breckenridge Development (Aamco Transmission Shop) back to the Planning Commission for further study as regards notonly nfront yard stall requirements but potential side, rear, o setback requirements. Motion carried unanimously. After the nominees for the vacancy on the Planning Commission were given an opportunity to respond to questions by the Council, the following balloting took place: �n I'MMC TO: John K. Anderson, City Adranistratcr b 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. Ba^kcround: 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 con=mOn`s: 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 am the -public hearing before the Board cf Adjustment and Appeals: 1) Breckenridge Development has been informed that if they wish o construct their addition closer to rhe 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 nct necessary. 3) The property Dwnsr is not allowed to occupy r _ —e^- parsing spaceswith srs. city .. ae __r_ _- --ash storage which isvisible from the street to be screened. The City Code does not require individual dummsters 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 curre.z development does not meet City Code regarding required parking, the staff memo was based on as_te plan included in the f___ showing 19 spaces instead of the required 24. 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. Acticn Recuested: Offer Variance Resolution of the City Council CC-493 and move for approval or denial. FMO TO: Board of Adjustments and Appeals FROM: Douglas R. Wise, City Planner R:: Breckenridge Deveicpment Variance Request DATE: May 28, 1987 introduction: Breckenridue Develonment Ccrp. which owns the Aamco Transmission Shcp on Highway 9101 is planning to add to the building for additional auto services. Current narking 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. Ccnsideraticns: 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 cn site is a lesser percentage of code requirements than after the addition. The developer indicates that the present parking lot is rarely filled to cavac=-v. . Staff Recommendations: Staff recommends approval of Variance Resolution =493 subject to the following condition: i. The developer must -obtain an agreement Por additional parking off site to accommodate pcs=__bie overrlow parking. CITY OF SHAKOPEE VARIANCE RESOLUTION OF THE CITY COUNCIL NO. CC- 493 WHEREAS , Breckenridge Develcpmert Ccrp. having first filed an application to the board of Adjustment and ADnez s dated , for a variance from­ the strict application of the provisions or the Shakopee Zoning Ordinance , Section to-wit : F. variance to reduce the rev_uired parting stall requirements from 40 to 34 =cr the proposed addition : and WHEREAS , the property upon which the request is being made is described as : 630 First Ave. East and WHEREAS , said proposed variance reauest was annroved by the Board of Adjustment and Appeals at their meet;ng of Jcn= 4 '_987 and this decision has been appealed to the City Council ; and WHEREAS , the Shakopee City Council on July 7 . 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 OF SHAKOPEE, MINNESOTA, chat 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 obiections 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 : BF. 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 f rcm date herein approved_ or by 7 988 it shall become null and void. - BUILDING SOUARE FooTAC-=s : 7ENANT f 1 2924 d. SHARED SPACE 56 &L •c \ _ __SHARED SPACE cn _TMTAL'. . 2-536--l. �-NAN-i3 .1.292 af. SHARED SPACE Se s1, TOTAL: 1.348.et. 6OP_DP1G TCTA_ . 6,664 :,. TOTAL PARKING 34 cars _I T=NAYi-rt2 t I aI' PLAN h � U �Tev %r1�r� . S :3 7 y /�f P _ 0i cc��ls2e�� TV .�-�o i✓z'✓u.a..� t...`.-� /�t�r,�ct i /,�, ./2wrrw>'-1 C��f.�r..c/� %��U ✓� �/�-4.a� /1LG��� G�7ii7/Lc1/7 G-=L�_ �� //✓..�Gtm.- va�•a� _c -tn-ye..c� .'^'--... .----V- - _u. tC ' CC - 2 ^ ° , o e c c 1 . e c- uc ; ci 7011r _^ed . c o :e _Cmc_ - u e" c^-,`n- - p_.c___ sh7.� _-ocC on_ so nenc__� _ _ =_uses -- ;,, h-ve so cd co -Dc-_Ore •:__e_ mec-___; 1 � , _^i." CGlInCiJ.` O _^_510.., c CCLOOBr 4,-1 o` - --- omee _lease -- duds - se _n Council' s .;o, =-;11 ^__ve :os be' cele o V-_md :?,"m C'--y - -mac__= __ _ - ^.Cgy. ___Vcocr 4 , 1954on me �i_�. _) _ -cr_ance '.•cs Cr =_ CacL•s, a.o: ' 2 =--_e� :h_ a-oiicc�icca ^_- _ __sn-ed she build, -s one _sh shr=e- ssal1= -- :hey have the rc^•,:_red zar'_i_'ig for-z =- _, D'`1dir.r7 1: mos, .ray weren` s they reruired to revues - ?- vrri:-aces -� ^_e �res�� "- . Jo she .^,_fig is - „dam the mer, CB E' r`T'' .-..-- °- -1- er? -_ .IIT.es C, as l._ :T __ j.Ove_^.De_ C, 1j�4 �^,-_-- CO'�'_C-i1 -'-n.-.e..o•I eft up Ln -the 1) SeeM-=k-=_s =cr _esues - - _ 0. --_ CIIE `�:_• CO X10._ _ _..C—_e__ _ "ar_ 10+ .._+_ aced nee_ .__re .- - �-r.., -- _ - ^11 she --_- °= -Co - --s the-., do os use- - 'r„ _ss ce C . --- Ie v vo1�- _--_- -oCs c� - -e_ u0 0 - , L" a V� - �' - _se_. .o was -- _ lac-1 c , _ l cr �o - is ci rest o _C a - _ ve ,.o___ clCo - , lc- . e )�Cayc,yec_ c c ) G -s w C- -_ - J = - - -- -- - Celligan/Leroux moved in direct Or to research Ordinance he. 351 and to explore any funding available In financially help tfurpny's Landing now and in ore future. Be". carried unanimously. landech/Leroux moved in --bait the -ame, of Dr. Thomas E. Curb be Scott County as a candidate to a Chun" health Officer In meeting the County's public Oealth needs.in' tion carried unanimusly. Culligan/Viezling moved to Open the public hearing regarding the appeal I/ from cine SOALOPCC board of ACiu-tmnts and Appeals' approval of avariance free aerback requirements [ ested by Cletus Lank for Lots 6 6 ], Black -, Last spas-pee. notion tarried wanimusly. The City Planner presented the background informs Lion regarding the appeal. along with additional information a bmir[ed by the applicant for the variants since appeal vas filed• This additional information v nt knownby n thepp Board pf Adjustments and Appeals when the approval av granted. as Discussion followed regarding whether or nor this information changes the Scope Of application a ough te send it back to the Appeal board, or whoa Options Council has is cpnsme.. Clete Link siatad that nothing has changed; the building will be Eh- same sate and placed in be ...a location on the lot. he said at the Board of Adjustments and Appeals hearing, there s s A misunderstanding about the numbs[ of miry-eace bays, it was though[ there mold be 3 Pays, but there will be six service bays, which act essataces more parking spaces, which they kill provide. Bev goehnen, -PPOLI nt, -[aced her main thatere as the adequacy of narking for disabled vehicles. as she d sthem parked on her adjoining property. She said there is alsoa question o nether or not there is an alley between this property and hers. See applicant new has a curb cur permit from the Stare to access the property from Dwy. 181, which alleviates Erie Problem of parking spaces. eL-. Link responded rhat doer- Semi and nenslim, behind his pre- perry. The City Engineer added he finds no records ot an alley being a - dicared or vacated in that blit:. he doesn't know where the utility rignc- of-my is. Leroux/Lebens moved to coincime the public hearing to November 20, 1984 -- slid' int further research on he application and ziSrir-oi ways. ._ Link said los Inc is 150 feet deep, which goes back to when the rail- oad fud Property cases, and he doesn't want an alley. because of the sg. ace, it i urgent they ger the project goinBe said all they are ask- ing far is approval of the variance already approved by Erie board Of Adjust- Points and Appeals. a building is gne same as presented, and Lnev will meet wnacover parking spaces are required. Discussion followed, with the City Attorney advising that the Only issue to a and i this Public hearing is the appeal of the variance, and the -Ince issues a e part Of the building permit process. .allot. :.11eJ _ . Lebens,bes, Leroux and Reinke in favor and Cncl. U n. part. C:.!L;:un one F'cc!1nL cppccd. CcAiga/Reach moved to cmcp: t zh and or Ad,tecmencs and Anneals' cornmeal Or the variance in setback requirements, Variance Be-oluridn No. CC-380. "' Link enplaaned that with the setback r oulrements for b-1, any average lot will vn o ..we v g granted goparany building o As suggested d consideration c inS of the setbacks for D-1 t Me the ono a - sume as b-3 no zliw.aevei-pmmt.of_chose lots-uionb.evct.�l__-. --- -..- - NOvclpar 0, _,p. ` Page 3Motion carried with Cud. Leroux and favor kefnke opposed. (f The Adr1n. lncem Fay. some N.E111ouod on the efforts of the Energy and D Iun.per E..... Committee to ov caln a beck-up vehicle for the van pool antl dial-e ride programs. Leroux/Nampach Expand c amend the Dial-A-Ride contract dated September to as Adachum o. ,at contract d(aslisted w thenmcommot fromthe poem. Intern N ..ledO¢obco 30, 1964). Mp tieo cotta ew Roll Call: Ave.; Unanimous Nae'; N.". Lo1liFan/Leroux moved co adopt the transit policies submitted by the Bourg, a Transporrmtion Committee as formal Shakopee Area Ic.nsit 'bolicy. Roll "li; Ayes; Unanimous Noe.; None nation Carried. Celli.../Leroux mewed to cent., with the recommanfornsno-1 ,,a eSIakoal pee Gble Co..".. Commission and support too vision lniotmation Center in their challenge of the FCC's Nevada decision which Sncluees ellmfhanng local rate regulations for cable television. Hall Call: Aves; Unapimoue Noes; None Eerie. carried. Co131Fan/Leroux moved to concur with the recommendation of the Shakopee "his Lo®unicatiotts Coamissioo and decline the invitation co Join the Sacro Area Interconnect Co®iasiw at this time, 'o at reserving the right 0 loin at a future date. Nation carried. Roll Call: Ayes; Unanimous Noes; None Co11,gab/Nampace offered Resolution No. 2341, A Resolution Sewing Public Fearing be 1985 Single Family Revenue bond Program, and moved iia adoption. Cmnmenaus was to have staff contact developers to determine their interest In this program. Motion carried unanimously. Colli6an/Vierlin6 moved to dercmine the HRA is co administer this program. la cion carried m+.cuslY. Leroux/Vierlin6 moved to authorize zee appzopriacr-City Officials t ad- vertise for bids fora new front end leader based upon total cost o rouse plan wish bids to be received e n November 26, 1984 and tee award on Decem- ber 4, 1964. Nation carriedumalmousiy. Nawach/Lebens moved to waive, for the position of Cirl Mechanic, the City's practice of reviewLn6 only candidates than have filed by the printed ad- rdsement deadline 'because it is a minor nxocedural practice not prohi- bited by keaolucion No. 1911. Nation carried wammowly. Leroux/Nampach moved to approve the hiring of Begone Jeurissen for tee position of Mechanic I at step three of tee pay plan with a two r and six month service credit-, effective November 26, 1981. Rall Call: Ayes; Mnaplmovs Moet: None notion carried. Lollx;an/Leroux moved to authorize pbvment in the following amounts ns emept in the Shop and.DID Drive Right-of-wav Condemnation proceedings; .. Christian and Loren Cross. S15.600; hart Fftuncial Corp. and .97, CC; MZTsr -tnecraon, ha:.. ...,.+a.n .3-. " n SiuAves; Roll Lill: Ayes; lnaniwc. rices Pon, 'S•[i on rarrird. Collipan/Leroux moved to authorize staff to use one investment services of Peabody and Smith bamey. ` Nation ca-tied. Roll Call: AV.s; Unanimous Noes; None Co13iFan/Vielin6 moved to approve one hiring yf Doralee Rosckes for an taxon Petition of accounting ac scop two of the say plwith a one _ credit -naME.. ..tied. Roll call: Ave.; Unanimous Noes; None Collip../Vieriing moved teat the 'bills in to. snow[ of $52,570.41 Fe a-- loved and oroered yaid. Hotton c Roll Call: Av.D; Unanimous Noes; None artiew. B3AA October 4, 1584 p j/ Page 2 0 Discussion followed regarding the necessity cf amending the conditional use De:...it to allow storage around the building, or if that would just 'oe an interpretation. The City Planner pointed out that to amend the conditional use pe Wit there would be a 5100 fee, and it would oe treated the same as a new conditional use pe—it. Char. stDlzzu.an asked if there was anvone else in the audience who *.fished to corm.hent on this matte-, and there was no response. Var aldeghem/noehnen moved to close the public hearing. Motion carried unanimously. Vanmalde€hem/Roehnen offered Resolution No. 378 and moved for its denial based on Shakopee City Lode Sec. 11.31, which does not allow for open sales or storage. Motion carried with Co—. Rockne opposed. Var_aldeghem/Roehnen moved that if applicant desires open storage in the B-3 Zone, it is suggested he come in for an amendment of his conddzional use perait. 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. Six Petroleum station manager, asked if they are aliowec to keep outside storage around the 'building. Tne Ccry Planner explained roar in the vast businesses have been cited for violation of this ordinance only when they have stored large shipments of materials in Moe sight line, wnicn 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 v'_l not oe cited. PL SIC F - BROOK'S SL??.a'— . Va_aidegnem/Koe^nen move? to open the D-s`_'_ic hearing regarcing the request for a variance from the =rim••-. lot size. Tha City Planner said the applicant has requested a later hearing time be- cause of a conflict at —is time, and he is recueszing it be heard in con- junction crib the public hearing Be- fer P'_ar.:ing Cc—fission lar:. Motion carried unanimously. Faz aidegnem/Czaja moved to continue this Duolic hezring to 9:15 p.z:., to be heard in conjunction —:th the Planning Co_fission public hearing regard- _ e gasoline facilities. ?lotion carried u-.znimousiy. FU-3'-IC 4R'_;:C, - LINK a;a/Va�aidegnem moved to oven the public nearins regarding the request Z07 a variance from the setback rea Liremenzs to construct a 40' x 100' October 4, 198= L� Page 3 Co—. Koehnen irfcrmed the Co- ission that she has been notified as an affected properry owner on this issue and she 1 ne abstaining from the voting and her comments vi 1 be as a prcperry owner, not a Co^issioner. Motion carried with Camm. Aoehnen abstaining. The City Planner went over the background of :his request and the coe- siderations. She stated staff recommends approval of the variance with conditions. Comm.. Sc'nmitt arrived and took his seat at 8:17 p.m. Discussion followed regarding the developer using one of the adjacent lots he owes to avoid the variances. Clete Link, the developer, stated it would be an economic hardship to have to purchase another ict and would make the land cost too high for the. 'puilding. 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 4D' x 100' budiag. - The City Planner ncinted out the extra deep setbacks this property has to meet because of on the corner of an arterial and a collector street. She said thn, site Dim.meets the landscaping and parking setbacks of the new der_gn standards. She also pointed out that she hasn't received a reply from�ion its review Of the curb cuts. C; Srolt yen asked if anyone from the audience wished to comment. Ps. -noehnen said she owns the DroDerry on the south of this vier, and she reels 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 net properry. She is concerned with rhe amount of fct. She asks the Lc—issiop to deny the pa.-king needed and provided avv icatior.. _S. Link responded that they pian no outdocr storage of vehicles. Amoco has -=ruled nim chat ncr•.al—. there is at the most 5 cars that would De sitting in the parking lot awaiting se^lice. in the winter there -might be mors. -e added that there is nothing around the -'-c-, as rhe chole block is vacant exaevt for one cause. Ms. KDahnen asked it the one parking space would be rigit up to toe properry line. ?ne City Planner replied coat there is a 3 foot setback 'between rhe property line and one parking stall. She said tnat :tits the 3 service stalls, they are r_. iced to have 1C panting spares, and there are 19 oar-ing spaces incctzted on the pian. !!=. Link said zney v an a ma:-iznm cf 3 er.?ioyees. _-. Link suggested in the future the Plan_hg Co--ission .^..i€nt caar to look at semoack ree:crements in the n-1 area, 'Decause there are still a lot Of single fa_ly residential lots of First Avenue. he would assume that even- tually the City would like to turn tcose lots to commer wiz'_. -.,ie said that richt now, with rue setback reau-remenrs, a act eraial p _ _tt cannot be buclt on one ___. he irar the sidevard is _ ._____c. Co_.. 1__- -- cc—enter cnar the serbacks are for -- `fic fl- - and variance T-czez---7= is the __ ._ __r ve icla r_r ma _c_ ..w a..esfcr --r_ii ia- _ ars. Page - 1 8 :5. Koehnen stated that the reason many c',tne ether properties do not meet the srtback is because they were there before the highway came and took cart of their property. C n.. Scntlitt thought this is a better utilization of the land with 4CC more in-house parking than the other stations in the area. _r. Link explained the drainage plan suggested by the City Engineer. Ch=. Stolizman asked if there were any more questions from the audience, and there was no response. Var aldeghem/Czaja moved to close the public hearing. Motion carried with Comm. Koehnen abstaining. Scnmitt/Can. ldeghem offered Variance Resolution No. 380, granting a 10 foot front yard, a ten foot side yard and a twenty foot rear card 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 Detroit. 2. The defective sidewalk along Bwy. 101 must be replaced. !lotion car_ied z th C=. Koehnen abstaining because of a conflict of in- terest and Cox. Scirmitt abstaining because he was not nresem: for all of the hearing. Ch=. Stolizman said there is a 7 day appeal period. Czaja/Va=-.aldeghem moved to adjourn at E:52 p.m. Motion carried unanimously. Rozkne/Sroltzman moved to re-open the Board of Adjustments and Appeals meeting at 10:24 D.m. Motion carried u-.atimousiy. BRODI!'S S7=ZR - CAT.<r:C- RO=kne/SCh0.di moved to open the public hearing regarding the reeues: by Brook's Scperezte for a variance from the =_.+mum jot size -ecuirements. Motion carried unanimously. The City Planner said the applicant is doing tais to have a doz=e= on t_- indicating rheir lot site is legal. Vice-Chair Czala asked _ there Gere any c=l=eats Ct_= the audience, and there were none. Sz: tt/Vantfaideghem moved to close the put tic hearing. Motion carried wrimousiy. Sc::.it:/Stolizman moved to approve Variance Resolution No. 379 granting a variance from the minimum lo: size in the 1-2 District. Motion carried unahimousiy. Sc^=i:t/Koehnen moved to adiourn the meat_.g at 10:28 p.m. Motion carried L'nallmously. J nC1 -'..ac I.--ane S. Be,,-.n Circ Plaoner - :cern!'_'-ng Secretary ---I- --- _- ...- • _- -- ---- - _.^,ar.imo -sly. - =ala/Schm - ,. offered Re scl ::_-, on No . 495 sustaining staff - acministrative ruling tn at temporary construction building cues not include living quzr-ers. Motion carried unanimously. -t.: ,- -_-_ _ _ _•.C-- =C-e -- qyc--i LES - ' p ..me - Czaia/Schmitt moved to oven the public hearing to consider a request for a variance to reduce the required narking stall rep uiremer.ts from 40 to 34 for the proposed addition to the Aamco _ransmission 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 . Comr. 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 i there was anyone from the audience who wished to address this issue. Bev Koehnen, 2036 Canterbury Road, stated she recalled when they -rst made application the Planning Commission approved a 3 stall building, during the 7-cay appeal period it was discovered that it was a 6 stall building, sne appealed the decision of the ?fanning Commission to the City Council and they granted the variance . Foudray/Schmitt moved to close the public hearing . Motion carried uranimously- ?oudray/Schmi't moved to approve the variance resolution No. 493 w--nowt any conditions. Motion carried unanimously . Schritt/=oudray moved to direct staff to ensure that their files properly record the location of the parking stills as they axis- . .lotion carried unanimously. =oudray/Schmitt moved to adjourn. Motion carried unarimonsly. Meeting adjourned at .9: 10 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary A. ___-a for Grant_ng `.aria.^.ges. A variance to the provisions of r..e �oninq C:n ter ma_ ne _zsued _o provide . relief to the landowner in those zones where tae Chapter is.noses 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 tae following cir- cumstances exist: 1. exceptional or extraordinary circumstances apply to the property whizz do not apply generally to other prcp- 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 contrc_. ® 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 do not result from the actions of the applicant. 4. That granting of the variance r Guested will not confer on the applicant any special privilege Gnat is denied by this Chapter to owners of ether lands, structures or buildings in the same district. 5. The variance requested is the minimum variance which would alleviate the hardship. 6. The variance would not be materially detri- mental to the purposes of this Chapter , or to property in the same zone . MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Issuance of Building Permits to Property Not Abutting Public Right-o£-way DATE: October 15, 1987 INTRODUCTION• At their meeting on October 8, 1987 the Board of Adjustment and Appeals passed a motion requesting the City Council to review and propose a course of action in dealing with private roadways within the City of Shakopee. BACKGROUND• - The Board of Adjustment and Appeals received a variance request from Q Carriers to construct a warehouse building on property located adjacent to a private road off of 13th Avenue in the far eastern portion of Shakopee. Because the building is not located on a public right-of-way the issue of whether the City could legally issue a building permit to the property came up during review of the request. Section 11. 05, Subd. 3.I. of the City Zoning Code states "No building permit shall be issued for any lot or parcel which does not abut a dedicated public street. " Although the City has issued building permits in the past to property located on this private roadway and other private roadways within the City, when this issue was brought to the attention of the City Attorney his response was that the City could not legally issue a building permit to any property not abutting a public street. The Board of Adjustment and Appeals at it' s October 8th meeting took action on the variance request granting a setback variance for the warehouse building and also in the same motion granted Q Carriers a variance to the provision regarding issuance of a building permit subject to a legal opinion from the City Attorney. The City Attorney has ruled that the Board of Adjustment and Appeals can not legally grant a variance from the provision requiring property to abut a dedicated public street in order to receive a building permit (Copy attached) . After acting on the variance request the Board of Adjustment and Appeals passed a second motion requesting the City Council to review and propose a course of action in dealing with private roadways. ALTERNATIVES• 1. The City Council may take no action to amend Section 11. 05, Subd. 3.I. and, therefore, prohibit the issuing of building permits on private roadways until the roadways have been dedicated or acquired by the City. 2. The City may amend Section 11. 05, Subd. 3.I. to allow the issuing of building permits to property located on private roadways which have been recognized by the City and meet c certain criteria. 3. The City may amend Section 11. 05, Subd. 3. by deleting Provision I, thereby allowing the issuance of building permits to property with no access requirements. STAFF RECOMMENDATION: Staff recommends alternative 2. It is staff' s recommendation that the following changes be made to the City' s Zoning Ordinance: 1. That Section 11. 05, Subd. 3.I. be amended to read, "No building permit shall be issued for any lot or parcel which does not abut a dedicated public street or approved way. " 2. That the following definition be added to the Definition Section of the City' s Zoning Ordinance. "Approved way - a private roadway constructed within a PUD approved by the City of Shakopee or a private roadway located on private roadway easements constructed prior to the enactment of this Chapter and officially recognized by the City of Shakopee. " Because one property owner is currently waiting for a building permit on a private roadway and other property owners have expressed interest in doing building on private roadways the City staff recommends that action proceed on this issue immediately. The City staff also recommends that the City Council direct the City Engineer to prepare a procedure for officially recognizing private roadways not located in approved PUD' s. This procedure should allow the City to place conditions on requiring improvement of a particular roadway and/or requirements for future public ownership and improvement of the roadway to specified standards. Staff is not recommending alternatives I and 3 for the following reasons : Option 1 - The option would place a moratorium on the improvement of property and expansion of business located on private roadways. Because most of the existing private roadways serve a number of properties, conveyance of easements to the City could be a lengthy process. - Some property owners will resist transfer of the road to avoid assessments for improvement of the road while other property owners are waiting for a permit to improve their property. Option 3 - This option ignores potential problems by not giving the City control over access to private property. ACTION REQUESTED: 1. Offer and pass a motion referring the proposed changes to the City Zoning Ordinance regarding issuance of building permits to property not abutting a dedicated public street to the City Planning Commission for review and a public hearing. 2. Offer and pass a motion directing the City Engineer to prepare a procedure and requirements for officially recognizing private roadways within the City. JULi IIs A. COLLER. II Fic Ctll�E u[w ATTORNEY AT LAM az s iz.w /1T1 SHAKOPEE. MINNESOTA OC 41.7 55=9 CITY V OF SHAKO?EE Memo to: Douglas Wise, City Planner From: Julius A. Coller, II RE: A. Variance of Rear Yard Setback requirement H. Variance to allow deviation from requirements of City Code Date: October 13, 1987 You advise that application had been made for two variances for property described as 8951 - 13th Avenue East in the City of Shakopee as follows: 1. Variance of rear yard set back and - - - 2. Variance of Code Provision against issuing a building permit for property not abutting a dedicated public street. ANSWER: 1. Variance of setback may be granted pursuant to the authority so to do as contained in the Code and hence the variance granted by Resolution 508 is valid. 2. There is no authority to grant a variance of basic Code provisions that would allow the granting of a building permit for property not abutting a public street as long as the Code contains the prohibition against granting of such building permit. Any attempt to do-so would be invalid. Respectfully submitted, MEMO TO: John R. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Design Standards for New and Infill Construction - Resolution No. 2824 DATE: October 14, 1987 Introduction: On September 1, 1987 the Shakopee City Council approved Resolution #2784 adopting a set of design standards for the rehabilitation of existing structures in the downtown area as recommended by the Downtown Committee. On October 14, 1987 the Downtown Committee moved to recommend to City Council that a set of design standards for new construction in the downtown area also be adopted. Background: The design standards that were approved by the City Council will be applied to all buildings receiving assistance through a City incentive program and within the B-3 District. The Downtown Committee felt it was important to develop a set of design guidelines for new and infill construction to preserve the historical integrity of Downtown Shakopee. Shown in attachment #1 is a set of design standards for new and infill construction. These guidelines were drafted based on similar standards that are followed in the community of Hastings. In addition to these recommended design standards, developers will also be required to follow existing guidelines as set forth in the Shakopee Zoning Ordinance. The design guidelines as attached simply encourage the developer to maintain the design integrity of the surrounding properties if at all possible. If the Council concurs with the Downtown Committee, it would be appropriate at this time to approve Resolution # 2824, Downtown Design Standards for New and Infill Construction and incorporating them into all City incentive programs that may be developed for use in the downtown area. Alternatives 1. Move to adopt Resolution No. 2824. 2. Suggest changes and/or additions to the proposed standards and recommend Council approval of the amended design standards by adopting Resolution No. 2824 as amended. 3. Do not adopt Resolution No. 2824. Staff Recommendation: Staff recommends alternative ttl. Action Reougsted: offer Resolution # 2824, a Resolution adopting Downtown Design Standards for New and infill Construction in the Downtown Area with the help of City incentive programs. Attachment #1 DOWNTOWN DESIGN STANDARDS FOR NEW AND INFILL CONSTRUCTION New construction means totally new structures, moved-in structures and new additions to existing structure undergoing restoration and rehabilitation. 1. Generally, any new construction should be consistent with neighboring buildings and the character of downtown. a. The important elements of the character of downtown are defined by the following guidelines. b. The reproduction of historic design is recommended only for infill on a small scale or for additions to original buildings. C. Contemporary design for new construction is not discouraged. These guidelines focus on general rather than specific design elements in order to encourage new design compatible with the character of downtown. 2. The height and width of the facade should reflect the average proportions of the older downtown buildings. a. Buildings should be two or three stories high but no more than forty five feet. b. Infill should fill the entire width of the lot. c. Horizontally, the building facade should be massed in increments to approximate those of the surrounding area. 3. The new facade should be flush with the sidewalk, or if adjacent buildings are not, then flush to its neighbors. 4 . The exterior material should be brick or stone masonry, similar in color or texture to the older downtown buildings. 5. Infill buildings should reflect some of the detailing of neighboring buildings in window shapes, cornice lines and brick work. 6. The amount of solid wall to window and door openings on the facade should be proportional to that of the older downtown buildings. a. The ground floor should be a transparent store front style, with window size and height similar to that of neighboring buildings. b. The upper stories should have windows of the same general spacing and height to width proportion as those of neighboring buildings. 7. The cornice or roof line should be flat. 8. The use of glass should be proportional to the older buildings located near the development. 9. There should be a clear distinction between first floors and upper floors. 10. The use of recessed building entrances should be continued. Exhibit A r4 RESOLUTION NO. 2824 A RESOLUTION ADOPTING DOWNTOWN DESIGN STANDARDS FOR NEW AND INFILL CONSTRUCTION IN THE DOWNTOWN AREA WITH THE HELP OF INCENTIVE PROGRAMS WHEREAS, it is the intent of the Shakopee City Council to offer incentive programs to property owners in the downtown area (B-3) to encourage the development and construction of new buildings; and WHEREAS, the Downtown Committee has developed a set of design standards that will promote a respect for the historical integrity, and improvement of Shakopee's downtown image and potential physical attractiveness; and WHEREAS, in adopting a set of design standards, it is with the understanding that the application of the standards should be flexible, realizing that a standard which does not reasonably address or "fit" a particular building design should not be considered binding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Downtown Design Standards, outlined in Attachment #1, attached hereto and made a part hereof, are hereby adopted with the explicit purpose of incorporating them into all of the City incentive programs that may be used for the construction and expansion of buildings in the downtown area. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1987. City Attorney /D0_ MEMO TO: John K. Anderson, City Administrator ( FROM: Judith S. Cox, City Clerk C- _ RE: R. Hanover, Inc. - Liquor Liability Insurance DATE: October 16, 1987 Introduction On October 6, 1987, Council asked that Mr. Richard Hanover of R. Hanover, Inc. appear before the Council and show cause why he had not filed with the City the liquor liability insurance policy which is requirement of the On-sale Liquor License which he holds. Background According the the Shakopee City Code all liquor and beer licensees shall file with the City within 90 days after the effective date of their license their liquor liability insurance policy. As of October 1, 1987 the City had not yet received the liquor liability insurance policy for R. Hanover, Inc. On October 6, 1987 Council asked that Mr. Hanover appear before the Council and show cause why he had not filed the insurance policy with the City. As of this date the insurance policy has been filed with the City; however, the insurance policy is not in order. The insurance policy is not in the correct name (R. Hanover, Inc. ) , nor does it show the amount of insurance coverage. In addition it does not contain the required 10 day notice of cancellation. On October 13th the insurance agency for the licensee advised me that he had ordered the necessary endorsements from the insurance company to cover these three missing items. Mr. Hanover has been invited to attend the Council meeting on October 20th. JSC/jms dh To: John K. Anderson, City Administrator From:Shakopee Fire Department Re: Releasing Current Air Pack Specifications for bid Copy:Shakopee City Councilmembers Date: 10/2/87 Introduction: The Air Pack or Self Contained Breathing Apparatus (SCBA) is utilized for every fire or hazardous material response by the Shakopee Fire Department. SCBA may also be required at a grass fire or during a rescue depending on the atmospheric hazards or fire threat encountered. The SCBA protects the firefighter when he must approach and enter a location which has been made hazardous due to smoke or dangerous fumes. This includes virtually every fire response when an interior attack is made. The Shakopee Fire Department has the purchase of new SCBA as a budgeted item for 1987 . Background: Most of the present SCBA' s have been in service for over 15 years. Numerous repairs have been performed on these units in this time due to extremely heavy use. The older SCBA units which we have in service only provide the firefighter with 30 minutes of air. Under interior firefighting conditions involving extreme physical exertion the average time a SCBA bottle will last is reduced to 20 minutes. After the firefighter exhausts his air supply in his SCBA he/she must back out of the hazardous area and exchange the empty bottle for -a full one. This can take 3 or 4 minutes. During this time, the fire attack has been interrupted and the fire can gain ground. In the instance of a hazardous material response , SCBA are used in conjunction with hazardous material response suits . These suits are completely self contained in order to allow the firefighter to enter an atmosphere that is too dangerous to enter with typical firefighting turnout gear (e .g. acid vapor) . In these situations 20 - to 30 minutes is far too short a time between necessary SCBA bottle changes because the entire suit must also be removed in order to change the bottle. The bottle changing time in these situations can be on the order of 5 to 8 minutes. We have over the last few years purchased several new SCBAs with an air supply time of 45 to 60 minutes. In actual firefighting conditions, these last from 30 to 50 minutes. This allows the firefighter to remain in the hazardous area fighting the fire or working with the hazardous material for a much longer period of time before he/she needs to back out for a SCBA bottle exchange. This time is critical in order to secure the hazard as quickly as possible without interruptions while providing the firefighter with maximum personal safety. The new designs utilized in most SCBA allow each firefighter to have a matched face piece insuring a safer better fit and seal as required by OSHA. OSHA has formulated requirements regarding the rate of airflow to the firefighter' s face piece which the older SCBA we have in service will not meet. This becomes an issue when the firefighter is under extreme physical stress and begins to breath faster than the SCBA can deliver. This can become a dangerous situation. Requests/ Recommendations : The Shakopee Fire Department SCBA purchase committee requests that the Shakopee City Council allow the present SCBA specifications as attached be released for bid. Selection of new SCBA will be dependent upon bid price and meeting of specification requirements. Action Requested Approve the specifications and authorize ad for bids for a self contained breathing apparatus for the Fire Department. . PUBLIC NOTICE 76 2�- City of Snakopee 129 East First Avenue Shakopee, Mn. 55379 Notice for Bids: Sealed Bids will be received by the City of Shakopee for the furnishing of New Self Contained Breathing Apparatus used for Fire fighting and other emergency responses. Bids must be filled with the city clerk, at 129 East First avenue, Prior to 1 :00 P.M. on At which time they will be publicly opened in the council chambers of the Shakopee City Hall . Specifications may be obtained from the City clerks office. Bids must be filed in accordance with the specifications of the city. In the bid, a copy of the following specification will acompany the bid perposal and in the right hand colum a notation will be made by the bidder if they comply with that paragraph_ The City is subjected to appropate state and federal taxes. The City of Shakopee will furnish the successful bidder with any applicable tax exemptions certificates. Bids must be submitted in a sealed envelope marked "BIDS FOR SELF CONTAINED BREATHING APPARATUS AND EQUIPMENT" and the name and address of the Bidder. The City of Shakopee reserves the right to alter or change specifications and to reject any or all bids received or waiver any informality in the bidding. All contacts with city officials from the time this bid is let until a bid is awarded shall be through Captain Mark Huge (SCBA committee chairman) . No exceptions to this will be tolerated. CONTAINED BREATHING APPARATUS SPECIFICATIONS SHAKOPEE FIRE DEPARTMENT 1. NIOSH OSHA The newly constructed breathing apparatus shall be in compliance with all Federal , State ,local and any other regulations which govern self contained breathing apparatus or their use. 2. . SERVICE MANUALS Four bound (4) , complete service and parts manuals, to include complete diagrams of the complete breathing apparatus and any purchased or necessary accessories, must be furnished upon delivery. 3. . ACCEPTANCE TESTS Acceptance tests, on behalf of the Shakopee Fire Department, shall be as prescribed in NFPA Pamphlet 1901 , and be conducted prior to delivery or within (10) days after delivery, by the manufactures in the presence of the member (s) of the Shakopee Fire Department's SCBA committee or designated Officer. 4. . Changes to meet new standards The successful bidders product shall meet the most current NFPA standard 1961 for SCBA. Any item of equipment on the SCBA that does not meet this standard shall be listed on the bid response. Also any material changes and updates made by the manufacture within one year from purchase, to update the accepted Pak to the present 1981 standards, will be furnished to the Shakopee Fire Department at no charge. 5. . FINAL DELIVERY Final delivery of the completed breathing apparatus and other equipment is to be made F.O.B . Shakopee Minnesota, Shakopee Fire Department within 90 days from the time the contract is signed. 6. . TRAINING AND INSTRUCTION The successful bidder shall provide a trained factory representative to provide training and instruction to selected Fire Department personal in the operation and maintenance of the SCBA. NOTE: also see section 13 of this specification.* 7. . WARRANTY Bidders shall include as part of the proposal , a certified Copy of the Warranty signed by an Officer of the bidder's company for the complete breathing apparatus. The warranty shall be good for the parts and labor of each Pak for one (1) year from time of acceptance. 1 of 5 /V V B. . REGULATION The regulator system must be a two (2) stage, positive pressure demand type. The regulator system must have a emergency bypass system to use upon regulator failure. The face piece regulator must have a method of "temporarily turning off air to the face piece to prevent the lose of air when the regulator is disconnected from the face lens. The air shall again be supplied to the face piece by breathing. The face piece regulator shall be capable of quick disconnecting from the face lens with out the removal of the face lens from the wearer. The face piece regulator shall attach to the face lens by means of inserting and turning the regulator with a positive lock. Metal clips and threaded tubes that hold the regulator to the face lens will not be allowed. The system must have a pressure gauge which indicates the pressure in the air supply tank and easily readable while the pak is being worn. The system must have a audible and physically noticeable low air warning device that will sound and vibrate when approximately 25% of the air supply remains in the supply cylinder. The regulator must be designed to have a working pressure of no less than 4500 psi. but also be capable of utilizing a lessor pressure and volume air supply tank. (note that using a lower pressure and volume supply tank will render the low air warning device inaccurate. ) The SCBA system will have no less than 135 psi of air pressure to the face mask regulator. (note: in these specifications the hose from the first stage regulator to the face mask regulator will be referred to as a "high pressure hose" ) . The "high pressure hose" to the second stage regulator face piece will have a quick disconnect push together type connector designed for the disconnecting and quick change of the second stage face mask regulator. The purchased SCBA units will have provisions to accept and utilize a remote air supply hose. This fitting shall also be a quick disconnecting push together connection like specified for the connection between the first and second regulator stages. 2 of 5 The SCBA first stage regulator will also have an additional outlet for a the propose of suppling two (2) face masks at required capacity at the same time, 9. . AIR CYLINDERS Each self contained breathing apparatus shall be supplied with one (1) complete compressed air supply cylinder of light weight wound fiberglass/aluminum construction, Each air supply cylinder will be capable of safely holding no less than 89 cubic feet of free air at 4500 psi, The air supply cylinders supplied must be approved for use in the accepted bidders SCBA and approved for fire fighting use. Any additionally purchased or supplied air supply cylinders must be the same as those supplied with the accepted SCBA units. All air supply cylinders supplied must meet any and all applicable D_O.T. requirements for compressed air vessels of their type. 10. . BACK PAK The harness and cylinder carrier assembly must be of modular design, and evenly distribute the units weight around the hips of the wearer. The back Pak shall have two (2) shoulder straps and on (1) waist strap that are easily adjustable. The straps of the back Pak shall be constructed of Kevlar or or other similar fire resistive material approved by the Shakopee Fire Department, All straps must be securely attached to the back oak and all components must be easily field replaceable by bolt and nut fastener. Riveting and or stitching is not acceptable- ll . . FACE MASK The face mask system will be designed for fire service use with a full vision and distortion free lens. The face mask will be supplied complete with nose cup to help prevent fogging and a neck strap for easy carrying. The SCBA manufacture shall have available at least 3 different size face pieces to insure proper fit of many shaped faces. Each unit will be supplied with a manufactured approved anti-fogging agent for use on the supplied face mask- 3 of 5 The face mask will be capable of utilizing a system for vision correcting lens, which may be required by the wearer of that face mask. This system must also me approved by OSHA and NIOSH/MSHA. The successful bidder will preform a face piece fit test on each MEMBER of the SHAKOPEE FIRE DEPARTMENT , at which time the bidders representor will fit test and identify the proper size face piece for the individual fire fighter and determine each member which requires corrective lens. For those members requiring corrective lens, the proper face mask with the above mentioned hardware with proper corrective lens will be supplied to the members The prescription vision corrective lens supplied within the mask will correct the fire fighters vision to 20-20 at the time of fitting. At the preesent time there are 16 Shakopee Fire Fighters that require corrective lens. At the time of SCBA delivery each mask will be labeled according to size and each face piece with special lens will identified with the name of the Shakopee Fire Fighter who it was specially constructed for. 12. NUMBER OF UNITS The City of Shakopee may elect to purchase up to 45 complete SCBA units and from 25 to 45 spare air supply cylinders. Bidders must bid the total price for 25, 30 and 35 SCBA units and the price per spare air supply cylinders on their proposal/bid. The bid shall also state if the bidder is willing to trade in Shakopee present SCBA which consist of 22 Scott IIAS and 11 Scott 4.5 SCBAs. If willing to trade in the bid shall state the trade in value. 13. PARTS AVAILABILITY A written guarantee stating the "availability and suppling of spare parts and maintenance " shall be sent in with the bid. 4 of 5 MAINTENANCE NO less than 6 designated persons of the SHAKOPEE FIRE DEPARTMENT shall RECEIVE TRAINING and become a certified repair person. To include all parts and systems of the SCBA. This training shall be given at the SHAKOPEE FIRE STATION by a certified factory service representative within six (6) months after delivery of the first new SCBA unit. This certification/training will authorize the above 6 designated members of the SHAKOPEE FIRE DEPARTMENT to repair and / replace any and all parts and or systems of the SCBA systems The proposal / bid shall also include the price for all the necessary equipment for servicing and checking the SCBA units. This will include but not limited to such equipment as flow and pressure gauges, special tools for assembly and disassembly, charts for pressure and flow requirements, lubricants and adaptors. As a certified repair station the Shakopee Fire Department will receive all factory technical bulletins which pertain to the SCBA purchased. There must be a recommended written procedure supplied with the SCBA systems for sanitizing the face mask regulator with out disassembly. This procedure is to be used for sanitizing and removing moisture. The bid must also include a list of maintenance parts most commonly used for the pack and a price list from which an office from the Shakopee Fire Department will chose a supply of parts to be included with the purchase. The bid must also include cleaning/sanitizing material. Enough to make 100 gals of finished cleaning/solution. 5 of 5 MEMO TO: JOHN ANDERSON - ADMINISTRATOR FROM: JIM KARKANEN - PUBLIC WORKS SUBJECT: CHASKA RENTAL AGREEMENT DATE: OCT. 14 , 1987 INTRODUCTION: The City of Shakopee has a rental agreement with the City of Chaska for the rental of the Shakopee sewer cleaning equipment. ., This agreement was initiated in January of 1984 by the request of the City of Chaska. BACKGROUND: The 1984 agreement with Chaska provides for the rate to be adjusted annually by Shakopee, who is to notify Chaska, in writing, of the newly established annual rate on or before January of the new calender year, Chaska has been notified, in writing, of our intention to raise the hourly rate from $25.00/hour, to $35 .00 per hour. This rate increase was implemented because of the deterioration of the equipment due to normal use. Because of the age the equipment, we can anticipate more repairs to the equipment in the near future. This rate increase will reflect Chaska's contribution toward the anticipated repairs and deterioration of the equipment. The agreement also calls for Chaska to reimburse Shakopee for any repair costs incurred while they are using the equipment, especially due to misuse, neglect, or accidents . Because this amendment needs Council action, we are submitting this proposal for approval and authorizing the proper signatures for the agreement change. ALTERNATIVES : 1 . Authorize the sewer equipment rental agreement with Chaska. 2 . Do not change the rental agreement. 3 . Change the per hour rental rate to other than $35/hour. RECOMMENDATION: Alternative 4 1. ACTION REQUESTED: Authorize the Public Works Dept. to enter into an agreement with the City of Chaska for amending the agreement for rental of sewer cleaning equipment at $35 per hour, and authorize the proper signatures for the document. SEWER TELEVISING/SEWER JETTING JOINT POWERS AGREEMENT BETWEEN THE CITY OF CHASKA AND THE CITY OF SHAKOPEE This agreement made and entered into this 1st day of January 1988, by and between the City of Chaska, a municipal corporation in Carver County, Minnesota, (hereinafter called "Chaska" ) and the City of Shakopee, a municipal corporation in Scott County, Minnesota (hereinafter called "Shakopee" ) , WHEREAS, Chaska is desirous of contracting for sewer televising and sewer jetting services, and WHEREAS, Shakopee presently has equipment to undertake such services, and manpower to train Chaska's personnel how to utilize said equipment properly, and WHEREAS, it is deemed mutually beneficial to both communities to cooperate in the provision of these services, and WHEREAS, Chaska and Shakopee are authorized under Minnesota Statutes to enter into joint powers agreements for the provision of municipal services, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS ; 1 . Shakopee shall provide to Chaska on an as-needed basis, not to interfere with Shakopee's needs and work schedule, sewer televising equipment and sewer jetting equipment. 2 . Shakopee shall also provide the manpower necessary to train Chaska's personnel the proper use of said equipment. The cost to this will be borne by Chaska and billed to Chaska at regular manhour rates as is consistent with Shakopee's personnel billing policy. 3. The hourly rate for the use of the above stated equipment will be established annually by Shakopee who shall notify Chaska in writing, of the established rate on or before January 1st of each calendar year. The hourly rates for 1988 are established as follows: Sewer Televising Equipment - $35.00 Sewer Jetting Equipment - $35.00 Sewer Vacuum Inductor - $35 .00 4 . Chaska shall also reimburse Shakopee for any repair costs, other than normal maintenance , arising from Chaska' s use of above mentioned equipment. 5 . Chaska shall reimburse Shakopee for aforementioned services provided within 30 days of receipt of an invoice preferably on a monthly basis. 6 . Chaska agrees that it will indemnify and hold Shakopee and it's agents and employees harmless from any and all claims for damage or injury caused by negligence of Chaska or it's agents or employees or Shakopee or any of it's agents or employees in the course of the provision of services under this agreement. 7. Except as otherwise specified herein, Chaska shall not be obligated to or responsible for or liable for the compensation or indemnity of any Shakopee employee performing services to Chaska under this agreement for injury or sickness arising out of his employment and Shakopee agrees to hold harmless Chaska against any such claim. 8. It is understood that the above mentioned equipment is vehicular in nature and that Shakopee shall provide and carry the proper vehicular insurance on this equipment as is consistent with Minnesota State Statute. 9 . This agreement shall become effective upon completion of the signing of this document by both parties below and shall continue for an indefinite term unless rescinded or terminated in accordance with it's terms. Either City may terminate this agreement by giving the other City 60 days written notice of it's intention to terminate the agreement. This agreement may be amended from time to time by mutual resolution of the City Councils of the respective cities . IN WITNESS WHEREOF, the City of Chaska has caused this agreement to be signed by its Mayor and attested by its City Administrator and the City of Shakopee has caused this agreement to be signed by its Mayor and attested to by its City Administrator all pursuant to prior authorization by the respective City Councils. CHASKA BY Robert P. Roepke, Mayor AND David Pokorney, Administrator SHAKOPEE BY Eldon Reinke, Mayor AND John Anderson, Administrator AND Judy Cox, City Clerk TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Scott County Computer Agreement DATE: October 14, 1907 INTRODUCTION The Shakopee Police and Fire Departments request Council to Authorize the appropriate city officials to enter into an agreement with Scott County to access the county computer for criminal justice and emergency services data. BACKGROUND Since 1904, the emergency service providers in Scott County have been planning a program involving the use of the county computer to enhance our ability to provide services by using computerized data. The Scott County Board of Commissioners have approved the program and a standard agreement signed by the agencies accessing the county computer is required. The Scott County Criminal Justice Computer Committee has been established to formulate guidelines, review and decide what information is to be available, and submit program requests for use by the subscribers. Charles Ries will represent the Fire Services on the committee, I will represent the police services. Important aspects of the agreement are as follows: 1. Subscribers will be responsible for the cost of access equipment such as interface modem, $500 . , and a phone line which already exists. 2. A subscriber will bear the cost of any special programing which would be used solely by the individual agency. 3. All other costs will be offset in their entirety in the form of city subscriber credits for in-kind contributions to the program. The city attorney has reviewed the agreement. Pg. -2- (Scott County Computer Agreement) RECOMMENDATION Authorize the appropriate city officials to enter into an agreement with Scott County allowing access to the computer mainframe by the police and fire services. COUNCIL ACTION REQUESTED Authorize the appropriate city officials to enter into an agreement with Scott County allowing access to the computer mainframe by the police and fire services. . . S C 0 T T C 0 U N T Y, M I N N E S O T A 6 REQUEST FOR BOARD ACTION / Agenda Board Date: September 29, 1987 * n ginating partment: Flexibilit : * Administration ervtce Ject resen er: * Count Administrator Administration; Intergovernmental *Es!stimated ime: * 5 Minutes BOMO ACTION REQUESTED: RESOLUTION NO. 87072; AUTHORIZING ON-LINE ACCESS TO THE SCOTT COUNTY COMPUTER MAINFRAME BY POLICE, FIRE AND MEDICAL SERVICES WITHIN SCOTT COUNTY FOR CRIMINAL JUSTICE COMPUTER PROGRAM PURPOSES. BACKGROUND: Background outlined in resolution. Appointment of the County Attorney and the Data Processing Manager to the Criminal Justice computer Program Committee of the Scott County Emergency Communications Board was endorsed by the Data Processing Users Group on September 14, 1987. Supporting Documents: Attached: X None: ignat re Date: y-lf-lr *Distri ution/Date: Brandt Richardson, * onsent Agenda? *Jim Terwedo, Jim Berg, Larry McMahon * *Cliff McCann, Emergency Comm.'s Board, * _ Yes X No *Data Processing User's Group *Files mistrator s outs: Agreements will be subject to individual approval by the County Board. Signature/Date: � ��•c.�.� * DistributiZU(cGodistribution) instructions: 0 Approved as requested ,� * 9'i/'-i7 A * Same as asult files R Denied * for ELB a D Tabled * Other 0 � ���h * � : .tom/ C ' ^ � T R I 0 Rec. Secretary N Date 9 'd 9 -k7 * RBA N : 8�s s . BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY,MINNESOTA DAN INsdullon No. Motion by Commissional._ Sacondsd by Commissiomer. RESOLUTION NO. 87072: AUTHORIZING ON-LINE ACCESS TO THE SCOTT COUNTY COMPUTER MAINFRAME BY POLICE, FIRE AND MEDICAL SERVICES WITHIN SCOTT COUNTY FOR CRIMINAL JUSTICE PROGRAM PURPOSES WHEREAS, on April 4, 1984, the Fiscal Management Committee hosted a presentation by Chief Tom Brownell, Shakopee Police Department, on behalf of the Scott County Emergency Communications Board which proposed direct access to the county's Criminal Justice Program in the computer mainframe by police, fire and ambulance emergeny units serying the cities of Belle Plaine, Prior Lake, Jordan, New Prague, Savage and Shakopee on the basis that the county would provide program design and computer access Services to the municipalities and the cities would bear all equipment and connection charges, and WHEREAS, this concept was approved by the Fiscal Management Committee and subsequently by the Committee of the Whole, however, was not advanced for County Board approval at that time. NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners goes on record herewith approving the provision of the aforementioned Criminal Justice Computer Program services to all emergency service units serving Scott County with the following conditions: 1. That all emergency units subscribing to the Criminal Justice Computer Program are subject to the approval of the Scott County Emergency Communications Board and the County Administrator. 2. That all computer hardware, hookup and telephone line charges and recurring costs shall be borne by the Subscribing jurisdiction. All costs for specialized programming requested by a subscriber are to be borne solely by the requesting jurisdiction. 3. That the subscribing jurisdiction shall be granted programming services for and input/inquiry access to the Criminal Justice Computer Program and subscriber fees therefore shall be subject to the proposed data processing fee schedule upon its adoption but shall be offset in their entirety in the form of subscriber credits for in-kind contributions to the program. 4. That all programming requests and data processing services on the part of the Scott County Emergency Communications Board shall be subject to Prioritization by the Scott County Data Processing Users Group purusant to its operating guidelines. YES NO Konluekl Konlerakl Bohnsack Bohnsack Mems Mertz Sunbalwail &mmwall CNeY Casey SUN el MimmNate / sa C4n1Y M 8aa11 1 I,Jexpli F.Nhl,pulY eMo-nl ep,Nulll iep eM ec"gyp Ceunh apminlelnlw Ip IN CWnry d$cO11.4hh d MMMo1L po M,epY 1w111Y 11Y11MR COTw,eelM lwepwngcegole_ wlm lM o-lP^•I minulee ellM p,Mxellpa dlM BMNeI County Co-^mesldy,e.5cotl CWn,MinMeoh.el IMn xeegn MM pn me�MY01 1m�Imv pn nh m mY d14e.M]MR IouM IM Yme IoM a Irw MN cw,Kl cWY IMrpl. WpMee mYMM eM el...... tlelW OMe.Nin Meph,IMe ary el OI01p-1001 c...n..�.•..� q r�.n.�ionw BOARD OF COUNTY COMMISSIONERS < SCOTT COUNTY,M / INNESOTA / V Date R...Waon Motion by Gommbelonar S•coM•C oy CAmmlfflonar S. That the County Attorney and the County's Data Processing Manager be appointed to the Criminal Justice Computer Program Committee of the Scott County Emergency Communications established on September 14, 1987 as voting members and that said committee remain active throughout the duration of the Criminal Justice Computer Program. 6. That this policy becomes effective upon the execution of a written agreement between the county and each subscribing jurisdiction indemnifying the county for any damages incurred as a result of the use of this program by a respective subscriber or the County. BE IT FURTHER RESOLVED, that copies of this resolution be furnished members of the Scott County Emergency Communications Board and the county's Data Processing Users' Group as well as the appropriate county staff officials contributing to this program. YES NO Konlarakl Konlarakl Bohnsack Bchnaacit Martz Martz stnwnwMl slmmwall Casey C•°•Y Stale OI Mlnn.toM } u. CWnh NB[o1 1.JOMpe F.PnY.W IY�V Wlnnp.oWlllya aN illnp Counh nemm�lnlw Ia IM Ldnry q Scelt$Yhd MlnMeen.ao MrWY Wm1y1M11Mw canWee lM lwpwnp[opyd• alalM delWl mlMIM ollM wecwfxmcw lM aMn101 Cwn1Y CnnmlploWn.5cg1 CWnly.Mlnr�wn.N ll,ur en.M Mn M IMS WY d�lam nvw Cn IIh h my OIIIW.NIa M.lIWM IM.ameIO McI,W wtl cw,NlcWY1MaO1. WIIW.�mYNMaM Clncnleu1tl 5N4OWL MnM.OIa,IMe WYOI cwnr�.n,w 01010-2001 THE OFFICE OF THE . SCOTT COUNTY ATTORNEY COURTHOUSE 206 SHAKOPEE, MN.55379.1380 (612)-937-6240 JAMES A.TERWEDO County Attorney October 12, 1987 Shakopee City Council Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Dear City Council: The Scott County Emergency Communications Board has proposed allowing direct access to the County's Criminal Justice Program in the Scott County computer mainframe to be limited to by police, fire, ambulance and hospital emergency units serving the cities of Belle Plaine, Prior Lake, Jordan, New Prague, Savage and Shakopee. The basis of the agreement is that the County would provide hardware hookups and special projects assistance for program design and computer access services to the cities and they, in turn, would bear all of the associated costs. This proposal has been given prelimiary approved by the Scott County Board of Commissioners. The enclosed agreement has been drafted for your consideration so that, upon execution, the direct access program may be implemented. Please feel free to contact this office if there are any further questions regarding this matter. Very truly yours, JAMES A. SCOTTUNO TYATTORNEY T A. Terwedo Scott County Attorney JAT/jkf encl. Criminal Div. Civil Div. Human Services Div. Thomas J.Harbinson. Clifford G.McCann Peggy A.Flaig First Assistant Susan K.McNellis Bruce Hiller Neil G.Nelson Kathryn A.Santelmann aures W.R.Glasser. Special Assistant An Equal Opportunity-Employer COUNTY-CITY ON-LINE ACCESS TO THE SCOTT COUNTY COMPUTER MAINFRAME AGREEMENT This Agreement, made and entered into by and between the Scott County Board of Commissioners, hereinafter referred to as "Scott County" and the City of , hereinafter referred to as "City Subscriber". WITNESSETH THAT: WHEREAS, Scott County and the City Subscriber agree that direct access to the County's Criminal Justice Computer Program by the City Subscriber in the Scott County computer mainframe by police, fire, ambulance and hospital emergency units serving the City would be beneficial to both the City and Scott County, and WHEREAS, this concept and agreements to implement same has been approved by the Scott County Board of Commissioners, now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. That all emergency units subscribing to the Criminal Justice Computer Program shall be subject to the written approval of the Scott County Emergency Communications Board and certification thereof to the County Administrator prior to hookup. 2. That all computer hardware, hookup and telephone line charges and recurring direct and indirect costs shall be borne by the City Subscriber. All costs for specialized programing requested by the City Subscriber shall be borne solely by the City Subscriber. 3. That the City Subscriber shall be granted programing services for an input-inquiry access to the Criminal Justice Computer and City Subscriber fees therefore shall be subject to the proposed data processing fee schedule upon its adoption but shall be offset in their entirety in the form of City Subscriber credits for in-kind contributions to the program. 4. That all programing requests on the part -of the Scott County Emergency Communications Board shall be prioritized at the sole discretion of the Scott County Data Processing Users Group. 5. That the City Subscriber agrees, within five days of receipt of an invoice from Scott County, to indemnify Scott County for any and all damage done to compter data, software or hardware as a result of the use of that data, software or hardware by the City Subscriber. 6. That the City Subscriber shall be solely responsible for the accuracy of all data which it inputs into the Criminal Justice Computer and agrees to indemnify, defend and save harmless Scott County from any and all causes of action, demands or other proceedings of any nature or kind by reason of or arising out of the data input by the City Subscriber. 7. That the City Subscriber agrees to indemnify, defend and save harmless Scott County from any and all causes of action, demands or other proceedings of any nature or kind by reason of or arising out of Scott County's providing of program design and computer access services to City Subscriber. 8. That the City Subscriber agrees that it shall be billed for any hardware hookup costs incurred by Scott County in facilitating City Subscriber's access to the Criminal Justice Computer Program, any special projects assistance provided by Scott County which inures exclusively to the benefit of City Subscriber, and that City Subscriber shall pay such billings within 20 days of receipt of such bill. If the City Subscriber shall fail to pay as provided herein, the outstanding unpaid balance shall accrue interest at the rate of nine percent simple interest. In addition, if said balance remains unpaid sixty (60) days from the date of the initial billing Scott County may undertake collection activities, and the City Subscriber specifically agrees to pay the reasonable attorney fees, costs and disbursements of such collection activities to Scott County. Memo to: John K. Anderson, City Administrator From: Dennis R. Kraft,Community Development Director Subject: Senate File 1084/House File 1163 (Street access charge impact fee enabling legislation) Date: October 15,1987 Introduction: As a part of the budget process the City Council discussed the need to identify alternative revenue sources. Additionally,one City Council member recently suggested that the City evaluate the imposition of an impact fee for the construction of a traffic signal in conjunction with the proposed Starwood Music Center. The City of Lakeville introduced a bill in the last session of the Minnesota Legislature which would allow for the imposition of an impact fee (known as a street access charge or road access charge) . There are both positive and negative ramifications associated with this legislation. The City of Lakeville has asked for support on this state enabling legislation. Background: The purpose of this proposed state enabling legislation is to give cities the authority to levy street access charges on new -- development based upon a calculation of the number of vehicular trips a new development is expected to generate. The legislation provides for the fee to be assessed at the time that a building permit is issued, however there would be an opportunity to pay the fee over a multi-year period. The payment would be treated in the same manner as real estate taxes, and would be subject to the same interest penalties as real estate taxes. In order to satisfy the requirements of the proposed law the rational nexus test must be applied. This test, in essence, requires that there be a reasonable relationship between the exaction and the public needs attributable to the proposed development. The municipality has the burden of proving a relationship between the exaction and the public needs generated to the development. While there is some flexibility in this relationship, if the rational nexus test is disregarded it is very possible that a court might consider this to be a taking and require that compensation be paid. For purposes of clarification the terms impact fee and exaction are to be considered synonymous; a road access charge, as referred to in Senate File (SF) 1084 is a type of exaction or impact fee. Attached please find copies of House File 1163 -and the proposed Lakeville road access charge ordinance. Following are some of my comments on S.F. 1084: 1.Use of this proposed statute would be permissive rather than mandatory, therefore even if enacted by the Legislature Shakopee could choose to not adopt a local impact fee ordinance. 2.If the city would decide to use this device additional work would be required in classifying all city streets and in adopting a transportation plan and a 5 year CIP with accurate cost estimates. 3 .The city would need to prepare a 5 year projection of residential, commercial and industrial growth. 4 .The city would need to establish an escrow account and accurately charge the cost of improvements against the account. 5.Accurate cost of construction figures would have to be calculated in order to assess the impact fees. 6.The imposition of impact fees would tend to increase both rental rates and the cost of construction. This could result in higher costs for residential home buyers and possibly put Shakopee at a competitive disadvantage with other communities which have not adopted an impact fee law, e.g.financing the cost of impact fees through a home mortgage at say 11% interest would cost more than financing that same improvement through the lower rate affixed to a municipal bond say 8 In summary positive action by the Minnesota legislature of this proposed legislation would probably be of benefit and would not be significantly detrimental to the City of Shakopee. Alternatives: (1) Provide support to state impact fee enabling legislation. (2) Indicate that the City of Shakopee is not interested in supporting this type of legislation at this time. (3) Actively oppose state impact fee enabling legislation. Recommendation: Alternative number 1 is recommended. Action Requested: Move to support the position of the City of Lakeville on the enactment of state enabling legislation to allow the imposition of street access charges by a municipality. 'Lnw OEmas /v GRANNIS, GRANNIS, FARRIIl & KNUTSON DAVID L.GRANNIS- 18)4-1%1 P.O 10NAL ASfOCIAM- TELECOPIER. DAVID L.GRANNIS,JR.- 191U-1980 PG O,NGE Box 57 (612)435-1359 DAvw L. HARmF VANCE B.GRANNIS 403 Nmwm BANK BONDING M. CMUA RAY V MCE B.GRANNIS,JR. 161 NORTX CgNCORD EXCHANGE EWOTI B- KNEN.X PATRIOT A.EARREIL MICHAEL J.MAYER DAvID L.GRANNIS,III SOU ST. PAUL. MINNESOTA 53075 RwEA N. KNIfISON TELEPHONE:(612)455-1661 July 27, 1987 JUL1987 RECEIVED a Mr. Patrick E. McGarvey r, CI71' Of City of Lakeville LgKEVILLE 8747 - 208th Street West `- P.O. Box 957 Lakeville, Minnesota 55044 RE: H.F. 1163 - Street Access Charge Dear Pat: Enclosed please find revised bill to amend H.F. 1163 concerning street access charges. At your request I inserted the word "all" in paragraph (2 ) of Subdivision 3 ; I did not, however, add "and special assessments" under Subdivision 5 because I don't want to confuse road access charges with special assessments. Please call if you have any questions. Very truly yours, GRANNIS, GRANNIS, FARRELL aKNLU N, P.A.BN. Knutson RNK:srn Enclosures cc: Daryl 2uelke David Licht Jim Robinette Dennis Feller moves to amend H.F. 1163 as follows: Delete everything after the enacting clause and insert: Section 1. [471.573] [STREET ACCESS CHARGE. ] Subdivision 1. [STREET ACCESS CHARGE AUTHORIZED. ] A home rule or statutory city may by ordinance impose street access charges. The ordinance shall provide that the funds generated by the street_ access charge be used for arterial and collector street and highway capital improvement projects. Subdivision 2. [PLANNING REQUIREMENTS. ] Before adopting an ordinance under subdivision 1 a city must: (1) Adopt a transportation plan which: (a) functionally classifies all streets and 'highways as arterial, collector, or local routes, using a classification system based on guidelines and criteria of the federal highway administration, United States department of transportation; and (b) contains a five-year street and highway capital improvement plan which provides for capital improvements to arterial and collector streets and highways within the city, including cost estimates. - ' (2). Prepare a projection of its anticipated residential, commercial, and industrial growth over the five-year period covered in the street an_f highway capital improvement plan. Subdivision 3. [ORDINANCE RESTRICTIONS. ] (a) An ordinance under subdivision 1 must: (1) Spread the cost of the five-year street and highway capital improvement cost of arterial and collector streets against new land development activity generating traffic in the city. The cost shall be spread based upon the average weekday trip rate generated by the new development as set forth in the Institute of Transportation Engineers Informational Report, Trip Generation, Third Edition 1952. (2) A city may not impose street access charges in an amount which would exceed, over any five-year period, more than 508 0£ the city's projected cost of completing all capital improvements to arterial and collector streets and highways as determined by the capital improvement plan adopted for that five-year period. (3) A street access charge may not exceed $75.00 for each average weekday trip generated by the use as set forth in the Institute of Transportation Engineers Informational Report, Trip Generation, Third Edition 1952. Subdivision 4 . [EXEMPTIONS AND CREDITS. ] The following shall be exempted from payment of street access charges: (1) Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed. (2) The construction of accessory buildings or structures which will not increase the traffic counts associated with the principal building or of the land. (3) The replacement on the same land of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. If the new construction generates more trips than the -2- destroyed building or structure generated, then the road access charge shall be calculated based only before the additional trips generated. (4) Any construction that does not generate trips. (5) Property that is exempt from real property taxation. Subdivision 5. [PAYMENT. ] The city may collect the street access charge at the time it issues a building permit. The city may also provide that the street access charge may be paid over a period of years, together with interest on the unpaid balance, at the same time and in the same manner as taxes on the real property for which the building permit was issued. Payment of a charge which is made over a period of time is subject to the same penalties as taxes on real property. Subdivision 6. [HEARING. ] Before a city adopts a street access charge ordinance, the city must conduct a public hearing preceded by at least ten (10) days published notice. Subdivision 7. [COURT REVIEW. ] A person aggrieved by an ordinance, rule, regulation, decision, or order of a city acting under this section may have the ordinance, rule, regulation, decision, or order reviewed by certiorari in district court. -3- 1 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE BY ADOPTING A COLLECTOR AND ARTERIAL ROAD ACCESS CHARGE The Lakeville City Council ordains: Section 1. Title 9 of the Lakeville City Code is amended by adding Chapter 3 to read as follows: 9-3-1 Road Access Charge. There is hereby imposed a road access charge on all buildings constructed in the City. 9-3-2 Use of Money Collected. The charges shall be deposited in a fund and used exclusively for capital improvements to arterial and collector streets and highways within the City in accordance with the City's adopted Transportation Plan. 9-3-3 Amount of Charge. The road access charge for a single family detached dwelling is $ . The charge for all other uses is $ for each average weekday trip generated by the use. The number of trips generated by the use shall be determined by reference to the Institute of Transportation Engineers Information Report, Trip Generation, Third Edition 1982. 9-3-4 Collection of Charges. The charge shall be collected before a building permit is issued for the use. In the alternate, an agreement may be entered into spreading the charge over a ten (10) year period to be collected at the same time and in the same manner as taxes on the real property for which the building permit was issued. Payment of a charge which is made over a period of time is subject to the same penalties as taxes on real property, as well as interest of eight percent (8$) per year on the unpaid balance. 9-3-5 Exemptions and Credits. The following shall be exempted from payment of street access charges: (1) Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed. (2) The construction of accessory buildings or structures which will not increase the traffic counts associated with the principal building or of the land. (3) The replacement on the same land of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. if the new construction generates more trips than the destroyed building or structure generated, then the road access charge shall be calculated based only before the additional trips generated. _ Section 2. This ordinance shall be effective immediately upon its passage and publication. Adopted by the Lakeville City Council this day of 1987 . CITY OF LAKEVILLE BY: Duane R. 2aun, Mayor ATTEST: Patrick E. McGarvey, Clerk ROAD ACCESS CHARGE The road access charge shall be directly related to the projected costs for arterial and collector street and highway improvements as demonstrated in a 5-year capital improvement schedule for streets such that: * The total access charges for street and highway improvements may not exceed 50% of the City's projected cost of said improvements for that 5-year period. * .The access charges will be equitably distributed against new land development activity generating traffic. * A street access charge for a single family detached dwelling shall not exceed $750.00 * The funds collected by reason of establishment of the road access charge in accordance with this ordinance shall be used solely for the purpose of acquisition, -expansion and development of the arterial and collector streets, highways and bridges determined to be needed to serve new development, including, but not limited to: * Preparation of construction plans and specifications. * Right-of-way acquisition. * Construction of new through lanes. * Construction of new turn lanes. * Construction of new bridges. * Construction of new drainage facilities in conjunction with new roadway construction. * Purchase and installation of traffic signalization. * Construction of new curbs, medians and shoulders. * Relocation of utilities to accommodate new roadway construction. CALCULATIONS OF EQUIVALENT TRIP GENERATION UNITS (ETGU) Calculations of Equivalent Trip Generation Units for determining the base road assessment shall be based upon the ITE trip generation manual. For the purpose of this ordinance, a single family detached dwelling shall correspond to 1 Equivalent Trip Generation Unit. The ETGU's for all other land uses shall be computed by the dividing their average weekday trip ge..aeration rates by the average weekday trip generation rate for a single family detached dwelling. The following table displays the ETGU's for the corresponding land uses. Land Use ETGU Maximum R.A.C. * Single Family Residential 1.0 $750.00 Multi-Family 0.56 420.00 Mobile Home 0.48 360.00 office** less than 100,000 sq. ft. 1.77 $132,750.00 100,000 to 199,999 sq. ft. 1.43 $214,500.00 over 200,000 sq. ft. 1.09 ------ Retail** less than 50,000 sq. ft. 11.79 $442,125.00 50,000 to 99,999 sq. ft. 8.20 615,000.00 100,000 to 199,999 sq. ft. 6.67 1,000,500.00 , 200,000 to 299,999 sq. ft. 5.06 1,138,500.00 300,000 to 399,999 sq. ft. 4.19 1,257,000.00 400,000 to 499, 999 sq. ft. 4.97 1,863,750.00 500,000 to 999,999 sq. ft. - 3.72 2,790,000.00 1,000,000 to 1,250,000 sq. ft. 3.71 3,478,125.00 over 1,250,000 sq. ft. 3.41 Medical - Clinic** 2.38 _ Industrial** 0.54 Manufacturing** 0.39 Warehousing** 0.49 Hotel - Motel (per room) 1.03 Restaurant** 11.97 - Bank** 7.40 ---- R.A.C. = Road Access Charge ** per 1,000 sq. ft. of gross leasable floor area. Total G.L.A. x ETGO x 750.00 = MAX. R.A.C1 11000 In the event that an applicant for a building permit contends that the land use for which the building permit is proposed is not within the above categories or fits within a category different from that determined by the Building Department, the City Administrator or his designee shall make a determination as to the appropriate land use designation. Such determination may be appealed to the City Council. T/M/BZ2 Taal . _ a .,:4, 5432da&S e4r9 *?.�� ata- 2i B.Ca:¢ t .<" a? _ c 9: 1 ,.:•r-S„ o? ^>;3t¢rj�C^ , C 'tag '=, as •2q� 3 qs �a a fsi_`.tt#P .a3 W b"k-Ao, s-•a� ., :7;.�A,..c.t s� 1 +o .c a s a e�oiAg y-d jai .a-fs s ,8's6afts � rsxaisz�s3s6 s - >a r-yda 2arnp�ca-, v _o =�'as�a-3,, iII ��i.,ttsiasa:so r4.-.. .:.3ra�§raatxa� yz. E'xxS as Y _ 440 .S_0..,�_ , •_a sS3 9l LAW OFFICES KRASS &MONROE VYYYY a CHARTERED RECEIVED Phillip R. Krays Dennis L.Monroe Marschall Road Business Censer Ban,K.Meyer OCT O 61987 327 Niamhall Road Tmvm R.Walsten P.O. Box 216 Elisabeth B.Mclaughlm Shakopee,Minnesma 55379 SusM.Carlson Dasa L. Estill CITY OF SHAKOPEE Telephone 4455080 Diane Lynton P.Nelson Kent A.Carlson,CPA October 6, 1987 Ms. Judy Cox City Clerk City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: CertainTeed Our File No. 1-1373- Dear Judy: I have had several conservations over the past few months with attorneys for CertainTeed and for Norwest Bank, holders of a 1973 CertainTeed Industrial Revenue Bond Issue. That bond issue has been paid off and CertainTeed wishes to have transferred to it the property which served as security for the bonds. To accomplish this, they will need, and I deliver to you, a Bill of Sale and a Quit Claim Deed. I have reviewed these and the other documents involved and they are appropriate and proper and I would recommend that the Council authorize appropriate officials to _ execute both. Upon their execution and notarization, please return them to me. Thank you. o ERED PRK:mlw - Enclosure Action Recommended Authorize the appropriate City officials to execute a Bill of Sale and Quit Claim Deed transferring property to CertainTeed which property served as security for the 1973 CertainTeed Industrial Revenue Bond Issue. Na. 101— QW,Oil.Deed.M.I,ik A."—Ild—ill, 1ndiid.A 10 lild-idlial ill, 0-11 Milli Co., ro xaicthis......._...._..........._. day of.......__._._....._............_......_. in the year of our Lord one thousand nine hundred and.. _e..ighty.-.52'.Ve.n................................_.' betuvan the City of Shakopee, a political subdivision in the State of Minnesota of the County of ....Scott and State of...Minnesota..._ _- PartY._... of the first part and ....CertainTeed...Corporation, a' MarVland Corporation, .......... of the .... . ...... xwW State of Maryland, party.... ...of the second part. WhW900, That the said Part Y. - of the first,part,in consideration of the sum,of..Ona Hundred and N01100 Dollars ($100. 00) and other good and valuab const eraE on s-u.-fri-c-Te...in. cy of which -is acknowledled her*ei ............ ..................._......_in hand paid by W said party.........of the second part, he ricedict �'Lrcaf is harchy a6knoul do es.hemby Grant, Bargain, Sell, Remise, Release, Quit-Claim and Convey unto the said part y......of the second .....................Acirs and assigns, Forever, all the......._........._...._...................... ...................................................................... .........fallowing tract........or parcel of land lying and being in the County of.. ... ...._$S.Qt.t.............................................and State of............Mj=esata............. .....................described ae foZzinn, to-wit: The property described on Exhibit A, attached hereto. QUA Jbabe anb to Aporb, The Quit-Claimed premises, together with all the hereditaments and appurienaneis,thereunto belonging m m anywise appertaining, to the said pa7t..Y............of the second part, ...........its............... .................................._Heirs and 1selym, FOREVER. N Wes;ftanp Nbertef, The said parii the first part ha A Jzeri set_ ih.s............ hand.........and seal ..the day and the year above written. CITY OF SHAKOPEE, a political Sub- division in the State fo Minnesota BY: Its EXHIBIT A Parcel I : That part of the Northeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota lying Southerly of the Southerly right of way line of the Chicago St. Paul, Minneapolis & Omaha Railroad and lying Easterly of the following described line: Beginning at a point on the South line of said Northeast Quarter of Section 5, said point being 572 .50 feet Westerly from the Southeast corner of said Northeast Quarter of Section 5, as measured along said South line of the Northeast Quarter of Section 5; thence Northerly parallel with the East line of said Section 5 to said Southerly right of way line of the Chicago, St. Paul, Minneapolis & Omaha Railroad and there terminating . Parcel II : That part of the Northwest Quarter of Section 4 , Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the Southwest corner of said Northwest Quarter of Section 4, said corner also being a point on the centerline of old County Road No. 82; thence North 89° 03 ' 48" East along said centerline of County Road No. 82 as now traveled a distance of 1475.00 feet to a point; thence North 20 11 ' 58" West parallel with the West line of said Northwest Quarter of Section 4 a distance of 492 . 00 feet to a point; thence South 89° 03 ' 48" West parallel with the centerline of old County Road No. 82 a distance of 338.00 feet; thence North 2" 11 ' 58" West parallel with said West line of the Northwest Quarter of Section 4 to a point on the Southerly right-of-way of the Chicago, St . Paul, Minneapolis & Omaha Railroad; thence North 74" 54 ' 47" West along said Southerly right-of-way of the Chicago, St. Paul, Minneapolis & Omaha Railroad a distance of 1190.50 feet to a point on said West line of the Northwest Quarter of Section 4; thence South 2° 11. 58" East along said West line of the Northwest Quarter of Section 4 a distance of 1438 .30 feet to the point of beginning. 16C� BILL OF SALE KNOW ALL BY THESE PRESENTS, That the City of Shakopee, a political subdivision in the State of Minnesota, party of the first part, for good and valuable consideration to it in hand paid by CertainTeed Corporation, a Maryland corporation, party of the second part, the receipt and sufficiency whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey unto the party of the second part, its successors and assigns, forever, the following Goods, Chattels and Personal Property, described on Exhibit A, attached hereto, TO HAVE AND TO HOLD THE SAME, unto the said party of the second part, its successors and assigns, forever. And the said party of the first part, for itself, and its successors and assigns, does hereby covenant and agree to and with the said Party of the second part, its successors and assigns that it is the lawful owner of said Goods, Chattels and Personal Property, and has good right to sell the same as aforesaid; that the same are free from all incumbrances and the said party of the first part will warrant and defend the sale of said Goods, Chattels, and Personal Property hereby made unto the said party of the second part, its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same, subject to incumbrances, if any, hereinbefore mentioned, and agrees to execute, at its expense, any document necessary to free said Goods, Chattels and Personal Property from encumbrance. IN TESTIMONY WHEREOF, The said City of Shakopee has caused these presents to be executed in its corporate name by its and its and its corporate seal to be hereunto affixed this day of A.D. 19_ CITY OF SHAKOPEE By CORPORATE SEAL Its Its Signed, Sealed and Delivered in Presence of -2- STATE OF MINNESOTA ) ss COUNTY OF ) On this day of A.D. 19 before me, a within and for said County, personally appeared and to me personally known, who being by me each duly sworn, did say that they are respectively the and the - of the City of Shakopee, a political subdivision in the State of Minnesota, the entity named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said City of Shakopee and that said instrument was signed and sealed in behalf of said City of Shakopee by authority of and said and acknowledged the said instrument to be the free act and deed of said City of Shakopee. My commission expires 19 -3- EXHIBIT A All personal property and fixtures now located upon the premises described on Exhibit B attached hereto, including, but no limited to, the following described equipment and machinery, and any replacement thereof : Roofing Machine Proper (all in buildings No. 20, 21, 22) , consisting of the following components: A. Dry felt end - sub job #1515100. Roll unwind stand, splicing table, dry felt accumulator and pull rolls. B. Saturating and drying in section - sub job #1515200 . 18 dipped saturator, drying-in drums, floating asphalt felt accumulator and pull rolls . C. Coating mixing system - sub job #1515400. Coater and coating and limestone mixer. D. Surfacing, cooling and finished product looper - sub job #1515500 . Slate blender, slate and talc applicator section, 7 cooling drums, tape and sealant applicators, press roll section and 100 ft. finished product looper. E. Winder, shingle cutters and entire packaging layout - sub job #1515700 . Roll winder and automatic roll wrapping machine, two shingle cutters complete with automatic shingle catchers, automatic palletizers, automatic kraft wrapper and associated conveyors . F. Limestone dust heating system - Job order #9 . A 30 ton limestone storage bin, automatic hot oil heating system, conveyors and dust collectors. G. Complete Woodtex section consisting of slate supply conveyor, rotary slate selector, slate bins, slating section, asphalt piping, press section, drive, dust and fume collectors & supporting steel (Job Order #2) . H. Complete Hallmark assembly machine, dust and fume collectors, noise suppression, electrical and drive (Job Order #2) . I . Complete hood enclosing saturator and coater equipment, plus Ansul dry chemical fire protection system. J. A D.C. variable speed electric drive for entire rooling machine complete with D.C. motors, generators and control stations . -2- EXHIBIT B PROJECT SITE Parcel I : That part of the Northeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota lying Southerly of the Southerly right of way line of the Chicago St . Paul, Minneapolis & Omaha Railroad and lying Easterly of the following described line: Beginning at a point on the South line of said Northeast Quarter of Section 5, said point being 572 . 50 feet Westerly from the Southeast corner of said Northeast Quarter of Section 5, as measured along said South line of the Northeast Quarter of Section 5; thence Northerly parallel with the East line of said Section 5 to said Southerly right of way line of the Chicago, St. Paul, Minneapolis & Omaha Railroad and there terminating. Parcel II: That part of the Northwest Quarter of Section 4, Township 115, Range 22, Scott County, Minnesota described as follows : Beginning at the Southwest corner of said Northwest Quarter of Section 4, said corner also being a point on the centerline of old County Road No. 82; thence North 89" 03 ' 48" East along said centerline of County Road No . 82 as now traveled a distance of 1475.00 feet to a point; thence North 20 11 ' 58" West parallel with the West line of said Northwest Quarter of Section 4 a distance of 492 .00 feet to a point; thence South 890 03 ' 48" West parallel with the .centerline of old County Road No. 82 a distance of 338. 00 feet; thence North 2" 11 ' 58" West parallel with said West line of the Northwest Quarter of Section 4 to a point on the Southerly right-of-way of the Chicago, St. Paul, Minneapolis & Omaha Railroad; thence North 74" 54 ' 47" West along said Southerly right-of-way of the Chicago, St. Paul, Minneapolis & Omaha Railroad a distance of 1190. 50 feet to a i- point on said West line of the Northwest Quarter of Section 4; thence South 2° 11. 58" East along said West line of the Northwest Quarter of Section 4 a distance of 1438.30 feet to the point of beginning. /I//nn11 l TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1988/89 Garbage Contract DATE: October 12, 1987 Introduction The current refuse collection contract expires in the middle of January 1988. Back r� ound Past practice for the last eight years has been to bid the garbage contract every fourth year and to renegotiate at the two year point between the bidding process. The contract is for two years. The current contract has a very favorable rate. Most cities are at about $10.00 per month versus our $6.64. Service has been good and there have not been a large number of complaints received here at City Hall. Alternatives 1. Rebid. 2. Negotiate renewal. Recommendation Alternative number 2. If negotiations do not prove reasonable to the City, we can then pursue rebidding. Action Reouested Move to authorize staff to renegotiate the refuse contract with Waste Management for 1988/89 and to bring it back to Council for approval. /U.(b MEMO TO: John R. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Damage Claim - Ralph Ferry DATE: October 15, 1987 INTRODUCTION: The City of Shakopee received a damage claim from Ralph Ferry, 8234 Eagle Creek Blvd. , Shakopee, Minnesota in the amount of $1,833.60. The claim is for damage that occurred to Mr. Ferry's driveway during the heavy rain storms this past summer. BACKGROUND: The Claims -Committee consisting of Council members Clay, Vierling, & Wampach met on October 13 , 1987 to consider the claim.- Also present was Ralph .Ferry, Ray .Hoffman, a co-owner of - the-driveway, - and myself. Mr. Ferry's contention is that there is- a two fold problem. - - 1. The damage that occurred from the heavy rain and runoff is the result of the Horizon Heights development at .the_ top of the hill (refer to the attached location map) . 2. As a result of the development runoff, even during small rain storm events, there is continuous erosion Of the bluff occurring which creates siltation & sedimentation problems on his property. Although the 1987 storms were extreme, Mr. Ferry stated that the ongoing erosion problem plugged his culverts thereby diverting runoff -down his driveway versus that of the normal drainage- course. Hestated thattheCity is 'negligent due to procrastination because this problem was brought to the City' s attention many years ago. It was the consensus of the Claims Committee to recommend to the full Council to take the following actions. 1. In the interest of erosion control and soil conservation, undertake an engineering study to provide solutions to the continuous erosion problems. 2. Since there has been considerable damage in many forms as a result of the heavy storms, the committee deferred action on the claim to determine what other cities are doing in similar situations . Basically, it was undesirable to claim negligence for the approval of the Horizon Heights development and the precedence it would set. Damage Claim October 15, 1967 Page 2 ACTION REQUESTED: Move to direct the City Engineer to undertake an engineering study to correct erosion control problems in the Horizon Heights area. RA/pmp CLAIM -- --- _— /4 T � � - � I ] / E 10 7�4" ' V 11�r/r t ' I:O r 3 Is ! - 16 � / 1 n � 2— .a_.��— �lr�N—� 25 2. G % /4c 27 _ 3D P' —3U M 31 32 35 { 37 37 36 _3` — 39 i CL . 0 COUNTY O �wER nn LVERSEx u-E4rx"�.P�Sx az 62 Dtpv[wa I W I•-- WTIO - - - R P.R. ' a„e RD 14 13 oI 2 _ '. j PIvE �( 6 -31 t I MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer Aw— SUBJECT: Muhlenhardt Road Turnback DATE: October 16, 1987 INTRODUCTION i BACKGROUND: The Scott County Highway Department is planning on turning back Muhlenhardt Road from C.R. 21 to C.R. 16 to the City (see Brad Larson ' s July 31 , 1987 letter) . Apparently this intended turnback has been discussed for quite some time. Attached is a May 23, 1985 correspondence that summarizes initial meetings. I asked Brad to respond to concerns of consistency of turnbacks throughout the County, both present and future, Attached is Brad' s response dated September 22, - 1987. As I understand the law, the City does not have the authority to refuse the turnback , although typically, turnbacks are accomplished through mutual agreement of the agencies. From a traffic engineering perspective, it seems logical that Muhlenhardt Road should be a local street and not a county road. Unfortunately, this segment of road is not easily maintained. The work proposed by the Engineering Department and agreed to by Scott County will help in providing a better roadway. The resulting turnback condition will still be deficient of City standards as our standards would be a paved surface and full drainage facilities. Providing such an improvement is not acceptable to the County. The position of Public Works is that it would be beneficial to the City if the turnback did not occur at this time of year. RECOMMENDATION: I recommend that Council concur that the proposed work is acceptable as a condition of turnback. I further recommend that the City communicate to Scott County that the City is willing to accept the turnback when the work is acceptable, including turf establishment, on June 1, 1988 at the earliest. Muhlenhardt Road October 16, 1987 Page 2 REQUESTED ACTION: Move to direct staff to notify Scott County that the proposed turnback of Muhlenhardt Road from C. R. 16 to C. R. 21 is acceptable withthefollowing conditions: - 1. All work addressed in the July 31, 1987 correspondence from Brad Larson be completed and accepted by the City, and; 2. The turnback will become effective on June 1, 1988 if all work is accepted. RA/pmp ROAD F_ SCOTT COUNTY ` HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST r L JORDAN, MN 55352-9339 (612)937-6346 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE Aest.Highway Engineer September 22, 1967 Ren Ashfeld, P.E. Shakopee City Engineer 129 East First Avenue Shakopee, MN 55379 Re: Muhlenhardt Road Dear Ren: Responding to your request for additional information on County Road turnbacks as it relates to Cities and Townships, the following data is provided: * Since 1984 Scott County has turned back segments on two roadways. The first turnback was in Helena Township with the old county roadway being vacated back to the property owners. Scott County performed minimal work in obliterating the roadbed as needed. The second turnback was of a County State Aid Highway in Prior Lake. The existing highway, rated in fair condition, was turned back to the City with no improvements performed by the County. * The Highway Department is presently preparing a recommendation to the County Board to turnback 8 sections of County Highways - 4 within Townships, 2 within a City (One being Muhlenhardt Road) and 2 that fall in both a City and Township. The proposal is to turn back these segments as is, except for the Muhlenhardt Road turnback and a segment of CSAR 12 in Prior Lake. Construction of new CSAR 21 requires shifting a portion of CSAH 12 to provide an adequate boulevard between the two roads. An Egaa!Opponanity Empioyer Muhlenhardt Road 9-22-87 Page 2 • The Muhlenhardt Road turnback is somewhat different from the others in that the County acquired the road in exchange for McKenna Road. It is my understanding that Muhlenhardt road would be turned back to the City upon completion of the realignment of CSAR 21. We feel that the County's obligation in this situation is to turn back the roadway in the same condition as the County received it from the City. • The turnback procedures are proposed to be as consistent from City to City and City to Township as possible. With variables such as State Aid or County Road designation and new construction or alignment impacts, turnbacks will vary, but the goal is to have as much uniformity as practical. Hopefully, this information will aid the Council in reviewing this proposed turnback. If you have any questions, please call. - _ - �Sincerely, Bradley J. Larson, P.E. County Highway Engineer BJL/kmg CC: Commissioner Mertz Joe Ries, County Administrator ., SCOTT COUNTY roJ HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)937-6346 July 31, 1987 d BRADLEY J.LARSON Highway Engineer RECEIpEL F - DANIEL Highway AUG 198 , Asst.HlpNwaY Engineer Gir or s 9 M-K0" Ken Ashfeld, P.E. ��• E^-•-...:.o Derr. City Engineer 129 East First Avenue . i Shakopee, MN 55379 Re: Muhlenhardt Road Dear Ken: We have developed a cost estimate for equipment and material required to repair Muhlenhardt Road to a condition similar to when Scott County took over responsibility of the roadway from Shakopee in 1977. It is the Highway Department's recommendation to turnback Muhlenhardt Road to the City. As discussed, a stipulation of the City in accepting the turnback is that the following items be performed: 1. Clean ditches along the roadway south of Swiggum's driveway and restore by seeding. 2. Clean and riprap the ditches north of Swiggum's driveway and along CSAH 16 to the centerline culverts. 3. Place 5 inches of Class 5 material on roadbed between McGuire Circle and CSAH 16 and 3 inches south of McGuire Circle. The estimated cost is $3,500 for equipment and $6,500 for material. As discussed, should the City desire to reconstruct and realign Muhlenhardt Road, the County would consider payment of the estimated material and equipment costs in lieu of restoring the existing roadway. It is our desire to turnback Muhlenhardt Road by this Fall. Your assistance in meeting that timetable would be greatly appreciated. Bradley J. Larson, P.E. County Highway Engineer BJL/miv cc: Commissioner Mertz Commissioner Stromwall Joe Ries, County Administrator Joe Kane, Maintenance Foreman Ars Equal Opportunity employer C S T Y O F S H A K O P E E INCORPORATED 1870 « ENGINEERING DEPARTMENT 129 E. 1st Iveoue - Shakopee, linoesota 55379-1376 (612) 445-3650 May 23, 1985 Brad Larson, County Highway Engineer Scott County Highway Department Court House A1O6 428 South Holmes - - Shakopee, MN 55379 RE- County Road 21/Muhlenhardt Road Turnback Dear Brad : I have drafted this letter pursuant to our meeting on October 119 1984, when James Karkanen and I met you and your superinten- dent, Joe Kane, to discuss the work necessary for the turnback of Muhlenhardt Road_ I will premise this by reiterating the -City' s objective to work with the County to eliminate duplication of City and- County services. This objective is spelled out in the attachedcopyof the City' s Goals and Objectives, where an action item for this states that the City will work with the County Engineer to effect the turnback of some of the 100 miles of County Road that duplicates existing service by the County. I have attached a copy of that Section. When we discussed the turnback of Muhlenhardt Road on October 11, 1984, I viewed it more in the context of a road temporarily maintained by the County. It was to be maintained until perman- ent facilities were constructed east of Muhlenhardt Road. These facilities connect County Road 89 with County Road 42. In the context of that discussion, it is difficult to consider this roadway a conventional turnback. I have since learned that in every sense it is a turnback. The road is the remnant of a trade that occurred, November 9, 1977, where the City traded 1. 13 miles of the McKenna Road, Formerly County Road 21 for . 73 miles of Muhlenhardt Road. In that trade the City picked up the maintenance responsibility for an additional . 40 miles of unimproved rural gravel roadway. Now the County is in effect turning back the balance of the �16 J Turnbacks May 23, 1985 Page 2 McKenna Road or an additional . 73 miles of roadway. This brings the total County Road 21 turnback to 1. 13 miles. Except for repairing some of the erosion damage caused by ambi- tious road maintenance there is very little else being done to improve Muhlenhardt Road before its turnback. If the Shako- pee experience with Muhlenhardt Road sets the pattern and prece- dence for the turnbacks in the rest of the County we will be satisfied with the work you have agreed to undertake on Muhlen- hardt Road. On the other hand, if the County makes a future commitment to do more than make routine repairs of the existing surface before turning back other roads in the County, I say Shakopee is being treated unfairly and deserves additional consideration. As far as the improvements made to Muhlenhardt Road, the improv- ements are primarily routine maintenance improvements, which by no means solve the future maintenance problems the City will have with this roadway. The improvements you agreed to make do mean that the City will have no extraordinary main- tenance in the next two or three years. The items are as follows: 1. The binder and fines have been washed out into the road ditches along County Road 16. This material will be removed and the ditches will be restored by reseeding the ditch area. 2. The roadside ditches along Muhlenhardt Road, north of Swiggum' s Driveway will be paved or ripraPPed. 3. Five (5) inches of Class 5 will be placed between Swiggum' s Drive and Mc6uires Circle, then three inches of Class 5 will be placed on the roadway south of Mc6uires Circle. 4. The shoulder south of Swiggum' s Driveway will be re- sodded. 5. Stable, erosion-resistant turnouts will be constructed south of Swiggum' s Driveway to remove surface water flow from the roadway. S. The sediment in the flow check structures on the east side of the road will be cleaned out. r Turnbacks May 23, 1965 Page 3 I realize this letter covers much more than our discussion and it adds the City' s philosophy. The City wants the County to be aware that we expect to see the County pursue other turn- backs during the next calendar year and we expect the County to treat those turnbacks as they have treated the County Road 21 turnback. Should you have any questions regarding this matter or if you need any formal motion by the Shakopee City Council please let me know. ICLX,"ncereI y, - H. R. Sp ier City Eng. eer HRS/pmp CTYRD21 CC. Mayor and City Council John K. Anderson James Karkanen 1 M+ -r ) OK MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer fj - SUBJECT: Naumkeag Street Railroad Crossings DATE: October 13, 1987 INTRODUCTION S BACKGROUND: At a recent City Council meeting, I was directed to review the conditions of the railroad crossing at Naumkeag Street. I wish to make the following report. 1. All advance warning signs are proper and in place. 2. All grade crossing signs are proper and in place. 3. There is no history of accidents at this intersection. 4. There are no pavement markings at this crossing. Pavement markings are required where the prevailing speed of traffic is 40 m.p.h. or greater or engineering studies indicate significant potential conflicts between vehicles and trains. Nothing would indicate this is the case based upon history of accidents. 5. The sight distance is relatively poor for vehicles approaching the crossing. Due to the location of buildings and the grade of terrain, it would be very expensive to correct this situation . Based upon economic feasibility and the proximity of the Marschall Road crossing, I recommend against this action. RECOMMENDATION: I recommend no action at this time. REQUESTED ACTION: Move to receive and file this report of the Naumkeag Street railroad crossing. 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