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HomeMy WebLinkAbout04/19/1988 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: April 14, 1988 1. St. Marks Church has applied for a gambling license for their annual festival on July 30th and 31st. They do meet the requirements of the Shakopee City Code. 2. Earlier this year the City Council asked staff to research City Council's response to Planning Commission actions that were appealed. The attached sheet shows that there were two appeals in 1985, no appeals in 1986, and six appeals in 1987. If Councilmembers wish further information regarding this subject they should contact Dennis Kraft. Copies have been given to the Planning Commission. 3. The Code Enforcement Officer memo from staff will be on the May 3rd Council agenda. 4. Attached is a letter from Don Benson, staff coordinator for the Prior Lake-Spring Lake Watershed District. The letter has been reviewed by Rod Krass and we agree that it addresses the City' s concerns about taxing Shakopee property owners in the district for repairs to the Prior Lake outlet that was constructed in 1981. 5. Attached is a notice regarding the Shakopee Board of Review. 6. Attached is a copy of a letter I have sent to Mr. Joachim E. Engel regarding their desire to purchase the building adjacent to Danny's Construction along C.R. 16. 7. Attached is a memorandum from Judy Cox regarding public officers interest in contracts. 8. Attached is an article from the Minneapolis Star Tribune which discusses several realistic ethical issues faced by City Council Members. 9. Attached is Administrative Policy No. 168 regarding a standardized City follow-up procedure for complaints. The administrative policy and citizen report form are attached for your information. - We will be reviewing the procedures in six months to determine if any changes are required. 10. Attached are the results of an interesting survey done on City boards and commissions in the Metropolitan area. 11. Attached are the results of a survey done on Public Works facilities. Shakopee's responses are circled. 12. Attached are the monthly Revenue and Expenditure Reports for the period ending March 31, 1988. 13. Attached is the Program - Costs by Department report as of April 8, 1988. 19. Attached is the Building Activity Report for the period ending March 31, 1988. 15. Attached are the minutes of the April 7, 1988 meeting of the Shakopee Coalition. 16. Attached are the minutes of the March 9, 1988 meeting of the Downtown Ad Hoc Committee. 17. Attached are the minutes of the March 10, 1988 meeting of the Energy and Transportation Committee. 18. Attached are the minutes of the March 7, 1988 meeting of the Shakopee Public Utilities commission. 19. Attached is the agenda for the April 21, 1988 meeting of the Planning Commission. 20. Attached is a flyer asking for support for a Community Center. The flyer is not being circulated by the City or Community Recreation but rather by some youth organizations. JKA/jms Planning Commission - Actions Appealed To City Council (1985 to 1988) 985 - Total Actions* - 77 - 3 appealed - 2 upheld - 1 withdrawn 1986 - Total Actions* - 59 - 0 appealed 1987 - Total Actions* - 49 - 6 appealed - 3 overturned - 3 upheld 3 Year Totals (1985 to 1988) 1985 to 1988 - 9 decisions appealed - 3 conditional use permits/2 upheld/1 withdrawn - 6 variances/3 overturned/3 upheld 1985-1988 37.5% overturned 62.5% upheld *(Actions include variances, conditional use permits, rezonings 6 amendments) 101 y ?CiityjAdministrator RIOR LAKE-SPRING LAKE WATERSHED DISTRICT Don O. Benson Scott-Rice Telephone Bltlg. Staff Coordinator 4690 Colorado SL S.E. (612) 447-4166 Prior Lake, MN 5537,2 April 12, 1988 APR1 ?l�8g Anderson CITY > , City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 RE: Proposed Expansion of Prior Lake-Spring Lake Watershed District Boundaries Dear Mr. Anderson: This letter is written in response to the Shakopee City Council' s statement that it would support the proposed change of the Prior Lake-Spring Lake Watershed District boundaries if given certain assurances by the District concerning the effect of the boundary change on the June, 1981 Joint Powers Agreement (JPA) relating to the Prior Lake outlet project. First, it is and always has been the District's intent to comply with the June, 1981 JPA between the District and the cit- ies of Shakopee and Prior Lake. Neither the proposed boundary change nor the recent arbitration between Shakopee and the District concerning the application of the JPA is viewed as changing the parties ' obligations to follow the agreement. Second, with respect to the outlet channel repairs for which the District is responsible under the JPA, only those properties - originally assessed for the outlet project may be assessed for repairs or improvements for which the District is responsible. Since it was originally determined that no benefit accrued to Shakopee landowners by construction of the project, no Shakopee landowners were assessed for the original construction. The repair and restoration section of the watershed Act (Minnesota Statutes Section 112 .64) requires a watershed district to assess the cost of the maintenance fund for routine repairs, and the cost of restoration projects, on a pro rata basis against the lands originally assessed for the improvement. Accordingly, the cost of repairs for which the District is responsible under the JPA will not be assessed against lands in Shakopee. if there are any questions, please call me. rw. Yo�i6i���lY, Donald O. ensue a r�=- DOB:dc �- cc: Phillip R. Krass , Eso. J� -u �RJ 01988 SHAKOPEE BOARD OF REVIEW C'T Y�,, S1A114 Each year the property owners of Scott County are given the opportunity to question the market value placed on their properties for tax purposes by the Scott County Assessor's Office by appearing before the Board of Review. Those owners whose property received a substantial increase in market value over the previous year's assessment are sent notice of this increase in the mail . This notice also lists the date , time and place of each district's Board of Review at which the property owner may have questions answered by the assessor . These Boards of Review deal only with the valuation , and not the tax of the property. The 1988 Shakopee Board of Review will be held on May 10 , 1988 at 7:00 P.M. in the council chambers of the Shakopee City Hall . This meeting will deal with the property valuations for the 1988 assessment upon which the taxes payable in 1989 will be based. Anyone interested in attending this meeting is asked to return the bottom portion of their Notice of Valuation Increase to the County Assessor's Office or to call the County Assessor's Office at 937-6115. If property owners fail to notify the County Assessor's Office prior to the meeting, members of the Board of Review will not have the proper records in hand at the meeting. , CITY OF SHAKOPEE • INCORPORATED 1870 129 EAST FIRST AVENUE,SRAKOPEE, MINNESOTA 553731376 (612)"53650 ,i) April 7, 1988 Mr. Joachim E. Engel 10348 York Lane Bloomington, MN 55431 RE: Administrative Waiver for PUD Amendment for PUD 3401 Eagle Creek Blvd. , Shakopee, MN Dear Mr. Engel: I am responding to your letter dated March 22, 1988 informing the City that you are currently purchasing the property at 3401 Eagle Creek Blvd. and wish to utilize the property for a light industrial business. The above mentioned property is located within the Racetrack Zoning District which requires approval of a mandatory planned unit development (PUD) . The Shakopee City Code Section 11.40, Subd. 7 C gives the City Administrator the authority to waive the PUD approval process for properties in a mandatory PUD area when they meet the following criteria: A. The changes in the building location or size do not affect more than 108 of the site area and/or floor space. B. The changes in landscaping, parking and drive arrangement or site improvements do not affect more than 108 of the site area. C. The changes comply with all requirements placed on the zone in which the property is located. In your letter, you state that you intend to use the building for a machine shop, the requirements for the RTD District specifically state that light industrial uses limited to office, showroom, corporate offices, research and development laboratories, warehousing and light assembly type maintenance are permitted within the district. It is the City staff's interpretation that your proposed use of the building will conform with the light industrial uses permitted in the district. The Heart Of Progress 'Valley AN EOUAL OPP NTUNITY EMPLOYER f ' v You have also indicated to City staff that the only changes you propose to make to the building include the installation of a loading dock and upgrading of the electrical service. The City staff has concluded that your proposed use of the building and minor changes comply with the waiver requirement guidelines contained in Section 11.40, Subd. 7C of the City Code. I am therefore granting to you an administrative waiver from the PUD requirements in the Code. I would like to draw to your attention to the performance standards contained in Section 11.36, Subd. 4 of the City Code which apply to the RTD zone. In particular, these performance standards indicate that outside storage will not be allowed within the RTD District. The requirements also place screening requirements on parking and loading areas (copy enclosed) . If you have any questions please feel free to contact me. Sincerely, Cr ohn K. Anderson City Administrator JKA:trw MEMO TO: John K. Anderson, City Adz-±nistrator FROM: Judith S. COX, City Clerk RE: MSA 471.87 Public Officers Interest in Contracts DATE: March 14, 1988 1 According to Statutory City Code, no member of a council of a city may be directly or indirectly interested in any contract made by the council, unless they meet certain exception requirements. One exception requirement is for a contract for which competitive bids are not required by law and where the amount does not exceed $5,000. In addition the council must by unanimous vote approve such a contract. * Mr. Clay is in business for himself. Whenever the city desires to place an order with his firm, council should take action authorizing ordering the desired goods. . According to our standard operating procedures, we should obtain more than one quote and go with the low bidder. Whenever it is desireable to place an order with Clay's .Printing, the following procedure should be followed: a) obtain a quote from at least two firms bj if the low quote is from Clay's printing, prepare a memo for council consideration c) council must unanimously authorize that the order be placed with Clay's Printing (can be consent business) d] after council approval, the department may place order; attach quotes and staff memo to finance copy of purchase order, mark on the memo that the purchase was approved by council and the date, and forward to the finance department to attach to the final bill This procedure is required for each order placed with Clay's Printing. jc CONFLICT * According to the League and Mr. Coller all councilpersons must vote and in this situation the conflict of interest ., abstention law does not prevail and .the benefitting Council- ,person shall vote ! JULIUS A. COLLEB. II size Ar oa ey AT Lew ie sa ie.o wcsr ...c,.oE SH KOPEE, MIN ESOr 53379 Memo to: Judith S. Cox, City Clerk From: Julius A. Coller, II, City Attorney Date: April 6, 1988 Re: Official interest in contract I have reviewed the excerpts from the latest issue of HANDBOOK FOR MINNESOTA CITIES that yoH sent me and the new substance is very similar to what the old handbook had to say on the subject, although, the new one is more detailed and as a result a little more confusing. Feeling that the other city officials have probably been vexed with the same laws and regulations I reviewed the matter with Stan Peskar of the League. It is his feeling that the Statutory Law prohibiting Council members from having a personal financial interest in a contract should be treated as superceding the common law rule that Council members may not vote on any matter in which they have a personal interest. This being the case, all members of the Council would have to vote to authorize such contract after the various safeguards procedural steps outlined in paragraph 4 under the heading "Exceptions" on page 370 of the Handbook for Minnesota Cities has been followed. While I am not too comfortable with Mr. Peskar's solution, I believe it is the only practical one to follow until such time as we have either Appellate Court decision on the matter or a ruling of the Attorney General. In the meantime, I recommend that we follow Mr. Peskar's recommendation. me V frt o4eF5d633:n- W=9m>:LtlafA -.� a9Q 3W B�'aai n:��azgmd if4 tO Lw e m3m e3 g3R'�3K Ls v R`� RA_ a 6 3;8 3 a R£R R W 3m= 6F !vq- 33W 9 � aG n.,�a8�.--_ - iR 93� 3 3q 3s Rcz F3R'33: a' ' �f �.4 3aat, O ' 5 Reif 3.G^'t~ a3 ¢8 < .ma 2°e:a6R- e£z�3A p --q¢ 3R mRGame *2��1g2s^' - 5o_a.S aeRme - MtiacC 3� °. - ' L $'�Sa£mR w naa333 �%$^vn36 CD °c t�m'n � 3l F65pv EW3nd?xsH.�.^e3 R?� dad R - ¢°°g-.5HZ3a�_ex$ ¢52e3�aaa A^�=.g 3E6S5 R.�e £ mGi mv$ W 3.3G£mim' ^9,ec 53" £P; ff,£%%'�{ma�$,.a6F; a33Rs° `m�9$ 0 a. i^ 3'°.Z 23333-3 •°+33'32 o'^-%� ar OiW jos 9a¢a $ $oa ==:e$ N CD -%' s853RR'm=k3"�S PzS C R=° 3_s a?�; gF9YYmta.Ri u"� 2�S3o tP-if .� o a_M3 M;[ CD 35,33 3�C�R^'43 tl' 3Gn32'a5'==_ :Y o3 �l9m.� in-i mm ma o$E^Pn53e^ a°Et pea - •e¢^¢i_%2_ °�m5 y F o.W3F _ 3 @Gne."ay=9s _ $n�t9"ay'ya'���mo2 Ap3g3p..� ' .: lii�i'���e s2.. ,S 3�F•:IRS.iA F d� �� /v�V ADMINISTRATIVE POLICY NO. 168 Subject: Complaints - Follow-up Procedure Date Adopted: March 2, 1988 Source of Authority: Staff Meeting The City's insurance carrier has recommended that the City adopt a policy for handling complaints. This recommendation came after commencement of a law suit by a Shakopee resident who was struck by a vehicle at the intersection of First Avenue and Lewis Street in the Spring of 1986. The following procedure will be followed when a complaint is a health, safety, or of a financial matter. 1. The receptionist receives a call or a walk-in and transfers the complainant to the proper department. 2. The department fills out a complaint form in duplicate and sends one copy back to the receptionist. (When financial, health, or safety related) 3. The receptionist assigns a number to the complaint and enters the complaint information into the computer. 4. Once each week a written report is generated from the computer database indicating complaints resolved and complaints outstanding by department along with the appropriate code number which has been assigned. 5. A copy of this report is sent to each department. 6. As each complaint is resolved the department codes the duplicate report Copy with the number assigned on the w-gekly report then fills in the "Action Taken" portion. - 7. The duplicate is then sent back to the Receptionist where the new information is added to the data base. 8. The weekly report will show any action taken during the preceeding week. COMPLAIN CITIZEN REPORT FORM DATE: TIME: COMPLAINT#: NATURE OF COMPLAINT: LOCATION OF PROBLEM- COMPLAINANT: ADDRESS: CITY: STATE`ZIP: PHONE: COMPLAINT TAKEN BY: RESPONSIBLE DEPARTMENT; COMMENTS: ACTION TAKEN DATE: TIME: ACTION TAKEN BY: ACTION TAKEN: RECEIVED City of Rosemount Commission/Committee Survey WR3 11988 March, 1988 CITY OF SHAKc.ert Purpose: To seek information from all cities in Dakota County and also other cities in seven county Metro area with population up to 14,000 concerning standing city commissions. 1) Number of cities survey set to: 19. 2) Number of cities returning surveys 19. Return 100%. 3) Planning Commission: Do you have one? 19 yes 0 no Are they paid? 3 yes 16 no Paid monthly? 0 yes 3 no Paid per meeting? $10, $20, $25 Other payment: Continuing Fd., $10/inspection, Expenses Meetings, how often? 1/mo. 10 1/2mo. 1 2/w.__§i 2/mo. Apr.-Oct. 2 1/mo. Nov.-Mar. 2 4) Parks and Recreation: Do you have one? 17 yes 2 no Are they paid? 2 yes 17 no Paid monthly? no Paid per meeting? $10, $20 Other payment: Continuing Ed. , $10/inspection Expenses Meetings, how often? 1/mo. 15 1/2mo 1 2/mo. 2 No mtg. Jun-Aug 1 5) Utilities Commission: Do you have one? 2 yes 17 no Are they paid? 2 yes Paid monthly? no Paid per year. $350 Pres.; $200 Sec. ; $100 member. $150 Chair; $125 member Other payment? Registration fee for annual conference. Meetings, how often? 1/mo. 2 6) Housing & Redevelopment Authority (HRA) Do you have one? 6 yes 12 no Are they paid? 2 yes Paid monthly? no Paid per meeting. $35;2/$25; $15/Chair, $10/member Meetings, how often? 1/mo. 7 , 2/mo 1 , as needed 7) Cable 'TV Commission/Board Do you have one? 15 yes 4 no Are they paid? 1 yes Paid per meeting. $25 Other payment? Free Basic TV service; Seminars + Meetings, how often? 1/mo. 5 meals Quarterly 3 2/yr 1 2/mo. 1 As needed 2 8) List other committees: Ad Hoc Downtown Commission Aeronautics Board Arena Board Airport Relations Commission Centennial Commission Charter Commission - 3 Civil Service/Police & Fire Commission Community Development Task Force Civic Arts Commission Commission of Adjustments Economic Development - 6 Energy & Transportation Commission Emergency Medical Service Historical Commission Human Rights Commission Library Commission Lake Minnetonka Conservation District Mechanical Code Commission Natural Resource Committee Solid Waste & Hazardous Materials Commission Solid Waste Abatement Commission Special Assessments Commissions Urban Affairs Commission Water Management Organization West Hennepin Human Services Planning Board CITIES SURVEY SENT 1U AND RETURNED PPoo kation Apple Valley13 ,006 Little Canada 8,574 Arden Hills 9,014 Mendota Heights 8,384 Burnsville 42,583 Mound 9,680 Chanhassen 9,000 Orono 7,172 Chaska 10,012 Prior lake 10,173 Eagan 43,000 St. Anthony 8,300 Farmington 5,162 Shakopee 11,613 Ham Lake 9,000 So. St. Paul 20,235 Inver Grove Heights 200,E West St. Paul 18,527 Lakeville lj i Minnasota CHALKLINE - page 5 Standards for PW Facilities At the Fall Conference, a survey was taken on 20 - Standards of Public Works Construction at the IME Con- p current Session. A brief o report of the results was made at the session with a - - comment that a written re- port would be made on the / results. 30 different cities - responded with the following " - results: 1. Concrete curb and gutter is require al- treets in new developments. (30 Yes, 0 No) 2. Allow mountable curb and gutter. 3. Sidewalk required on all residential streets. es (3 Yes, 25 No) No 4. Street lights required in new subdivisions. (24 Yes, and 5 No) Y�e 5. Have established storm sewer utility. (Question may not have been clear.) (9 Yes, 21 No es 6. Allow plastic pipe for sanitary sewer, 25 allow PVC, 3 allow ABS Truss, 2 No) es 7. Allow curvilinear sanitary sewers. (5 Yes, 23 No) 4Go 8. Allow plastic pipe for watermains. (4 Yes, 25 No) No 9. Standard spacing between manyQles on 8" sanitary sewer. (11-800' , 2-350', 15-400') 00' 10. Standard size ofnitary sewer house service. (27-4", 2411) 11. Standard minimum size of watermain. (24-61', 5-8") 6" 12. Standard material for watermain. (1 CIP, 27 DIP, p�j and 1 plastic) 13. What is standard for concrete b and gutter? (21-B618, 5-B624, 4 Other) -61 14. Standard width of sidewalk (Boulevard type) (3-4', 16-5' , 6-61) 5' 15. Standard width of boulevard between curb and sidewalk. - (2-3', 6-5', 1-511' , 2-6', 3-7', 1-7§' , 3-8', 2-91, 2-101 , 2-12' , 1-15') y 16. Standard residential street width. (1-26', 4-28', " 4-30', 1-31' , 12-32', 5-36') 36 17. Standard minimum grade f rests. (1-.33%, 3-.4%, 17-.5%, 3-.6%, 2-.1%) 0.5% 18. Standard maximum grade for streets. (11-5%, 2-6%, 2-7%, - 1-6k%, 6-8%, 3-10%, 2-122, 1-13%, 1-20%) 19. Standard curb return radius on residentia streets. (1-13', 8-15', 5-20' , 1-25', 1-30') 78' 20. Standard minimum residential lot size in square feet. 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W J M1Nr b NFe _M PN NmN hrvNN - KW J P R n Fl nNb'. N N.. I i m W m W ' WO i NN- oN Non No N NNNe NI J < 6 O WY__ JL h F 202r2i 6 < 6nC _h 1-20Vu< 3 \F \ LmhJ O W T¢¢¢¢ W ZUQLFZ ~6201 W: W m IW ¢ mJS L <6 W L >mW O J < O Z¢ 2. Zp3¢YYZ30 Z 2 IG p I p v aP ... i I I P i n om a . i I I I LL 2 O m J WW J J 6 O < < < V ¢ F J o OL - � O 2 O. I O O V I O G S I 7f TYPED BY CITY STAFF TO AID IN READING ATTACHED LETTER Friend Jerry, I see by our local paper where you said you said Shakopee can't afford another bond issue on account of our recent huge school referendum. This must never be repeated we can' t afford to keep taxing ourselves at this rate. Our Minn. Legislature is just as stupid. Adding another 3 cents a gal. on gas will never get them what they think - Because long haul truckers will shun our state - our tax was too high the way it was - we heard some truckers ask how far to Sioux Falls, SD- when they were told a hundred miles they said we will re-fuel in SD - So there goes our sales - serves them right - so its only us poor people that will pay and pay! Big trucks will wreck our roads and contribute nothing. Herb Dallmann P.S. our local paper won't print a letter like this! Another thing they won't print is that although 80 to 90% of people now want a dep. on containers or a forced recycle law - a bill did not even make it out of committee - Shame Our Governor said so - we have a serious garbage crisis land fills will all close by 90 - when 80% of the people can't have their way we have a darn dictatorship and no longer a democracy! Perpich said a few special interest people blocked this - Shame. — _ T{.moi......is j.. APR 1 !p 55319 _. i) fir( C CITY ---------- - o p �A A -- • n -- - - - -��-ter- h -- ---- - J S Fal MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Final Plat of Meadowbrook Run DATE: April 15, 1988 INTRODUCTION: At their meeting on April 7, 1988 the Shakopee Planning Commission passed a motion recommending approval of the final plat for Meadowbrook Run subject to conditions. BACKGROUND: Mr. Darrell E. Gonyea, of Gonyea Land Company submitted a proposed plat for 56 acres located South of County Road 16 and East of Pike Lake Trail. The plat contains 8 large lots and is in the R-1 zoning district. The preliminary plat was approved by the City Council at their meeting on February 16, 1988. The plat is bordered on the West by Pike Lake Trail which is currently a gravel road connecting County Road 16 and County Road 42. In the future, the City may wish to upgrade this roadway. Development in this area does not warrant upgrading of the roadway at this time. A major drainageway (Prior Lake/Spring Lake overflow area) crosses the proposed plat from the Southern boundary of the property to the Eastern boundary of the property. Further improvement to the drainageway will be designed and constructed according to an arbitration award between the City and the Prior Lake/Spring Lake Watershed District. Drainage from the area West of Pike Lake Trail enters the property through three culverts and flows across the property through the center of Lot 7 and along the lot lines between Lots 5 & 6 to the drainageway. This drainage flow can be adequately handled by the utility and drainage easements shown on the final plat. A 30' drainage and utility easement along the lot line between Lots 4 & 5 and continuing through the plat to the Eastern boundary is provided to allow for the possible future location of a sewer line if the need arises. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the final plat for Meadowbrook Run subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developers agreement for the required improvements: a. A cash payment shall be made in lieu of land dedication for park purposes. b. Installation of street lighting at the intersection of CSAH 16 and Pike Lake Trail in accordance with the requirements of the Shakopee Public Utilities Manager. 3 . Access to CSAR 16 shall be limited to one access each for Lots 1 and 2 . Accesses shall be a minimum of 300' apart. Drainageways shall be constructed so as to allow for a turn around to prevent backing onto CSAH 16. Access permits to CSAH 16 shall be secured from the County Highway Department. 4 . Lots 3 - 8 will each be allowed one access onto Pike Lake Trail. Each access must be a minimum of 300' apart. ACTION REOUESTED• Offer and pass Resolution No. 2882 Approving the Final Plat for Meadowbrook Run. RESOLUTION NO. 2882 A Resolution Approving the Final Plat of Meadowbrook Run WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Meadowbrook Run on April 7, 1988 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, - THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Meadowbrook Run, described as follows: That part of the West Half of the Southeast Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota lying southerly of the centerline of Scott County Road No. 16. be, and the same hereby is approved and adopted with the requirements that: 1. Approval of the title opinion by the City Attorney. 2. Execution of a developers agreement for the required improvements: a. A cash payment shall be made in lieu of land dedication for park purposes. b. Installation of street lighting at the intersection of CSAR 16 and Pike Lake Trail in accordance with the requirements of the Shakopee Public Utilities Manager. 3 . Access to CSAH 16 shall be limited to one access each for Lots 1 and 2. Accesses shall be a minimum of 300' apart. Drainageways shall be constructed so as to allow for a turn around to prevent backing onto CSAR 16. Access permits to - CSAH 16 shall be secured from the County Highway Department. 4 . Lots 3 - 8 will each be allowed one access onto Pike Lake Trail. Each access must be a minimum of 300' apart. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk - Approved as to form this day of 1988. City Attorney qb - MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Recommended Changes to the City Zoning and Subdivision Ordinances DATE: April 15, 1988 INTRODUCTION• At their meeting on April 7, 1988 the Shakopee Planning Commission passed a motion recommending to the City Council that City Codes Sections 11. 02 - 11.05, 11.27 - 11.34, 11.37, 11.60, 11. 07 and 12. 07 be amended as shown in attachment A. BACKGROUND: Last summer the City Planning staff presented to the Planning Commission a recommendation outlining proposed amendments to the City Zoning and Subdivision Sections of the City Code. Changes proposed by the staff were developed primarily as "housekeeping" changes which would clarify language and eliminate conflicts in the current code. Since that time the Planning Commission has been discussing these changes, and has added some additional changes which they feel are also of a priority to the City. The Planning Commission has held a public hearing on the proposed code changes and at their meeting on April 7th passed a motion recommending the proposed changes as attached. PLANNING COMMISSION RECOMMENDATION: The Planning Commission at their meeting on April 7, 1988 recommended the changes as outlined in attachment A. Following is brief description of the proposed changes. Numbering for the following descriptions relates to the numbering in attachment A, you may wish to follow along with attachment A while reading the descriptions. 1. Section 11.02 Definitions. 13. The definition for building height has been changed to simplify and clarify interpretation of the definition. 141. A definition has been added for the term opaque. Questions regarding the definition for opaque - have arisen in regard to screening requirements for outdoor storage and parking areas. 2. Section 11.03 Subd. 3 Lot Provisions Changes are proposed to setback requirements for lots which front on more than one street. The proposed change would allow the setback on the side or rear portion of a lot abutting a street to be reduced by 101 . 3. Section 11.03 Subd. 6 Accessory Buildings C. The size limitation for accessory buildings in the R-2, R-3, and R-4 Districts would be changed to prevent the accessory building from being larger than the principle dwelling on the property. Presently the code only requires that the accessory building be less than 108 of the lot area. Presently lots 20, 000 sq. ft. in size would be allowed an accessory building of 2, 000 sq. ft. E & F. The proposed changes to the language regarding setback requirements for accessory buildings will eliminate confusion regarding existing requirements. 4. Section 11.03 Subd. 7 Required Yards & Open Space E. This section is being eliminated because of the reduced requirement for side yard setbacks on lots abutting a second street. The Commission feels that the new setback requirement will adequately address the need previously covered by this provision. F. Language regarding the required setback for new structures in previously built areas where the existing structures are closer to the street than the required setback has been changed to clarify this provision. H. This section regarding setbacks from high water lines is adequately covered in Section 11.35 (Shoreland District) . This provision should have been removed from the code at the time Section 11.35 was added. 5. Section 11.03 Subd. 11 Property Abutting Highways The terminology for street classifications would be changed to conform to the current terminology used by the Metropolitan Council. 6. Section 11.04 Subd. 4 Appeals The appeal period for a staff decision would be reduced from 90 days to 7 days. This change would conform to the current appeal period for decisions of the Board of Adjustment and Planning Commission. The staff felt that 90 days was an excessively long period of time. 7. Section 11.04 Subd. 5 Variances The current State Planning Enabling Legislation allows for the placing of conditions on variances that are granted by the City. The City's current ordinance does not recognize this, the proposed change would include this provision in our ordinance. 8. Section 11.04 Subd. 6 Conditional Use Permit Criteria 11 and 12 for granting Conditional Use Permits would be eliminated and made requirements for submission of the application. The staff and Planning Commission feels that these statements are really requirements and not criteria. The code would also be changed to place a limit on the amount of time the Planning Commission can take in approving a Conditional Use Permit. This change would conform to the proposed State Enabling Legislation now before the legislature. 9. Section 11.05 Subd. 1 Motor Fuel Stations B. This provision would be changed to require paving of parking and drive areas for motor fuel stations. 10. Section 11.05 Subd. 3 Off Street Parking and Loading D. Design and Maintenance of Off-Street Parking Areas 2. Access drives to required parking areas would be allowed a width of up to 281 , the current code only allows a access width of 24' . This change is based on a recommendation of the previous City Engineer. 7. Screening requirements for parking lots which abut a R District would be changed to allow the use of evergreen hedges in addition to fences. 9. This section is eliminated because it is adequately covered by #7 above. 11. Section 11.27 Subd. 6 Performance Standards 12 . Performance Standards Performance standards for sections 11.28, Subd. 6; Section 11.29, Subd. 6; Section 11.30, Subd. 6; Section 11.31, Subd. 6; Section 11.32, Subd. 6; and Section 11.33, Subd. 6. These sections would be removed from the code because they are duplicates of the requirements found in Section 11.60. The individual sections would then be crossed referenced to allow administration of the code by referring to Section 11.60 where these performance requirements are included. The main purpose for this change is to eliminate bulk from the existing code. This change would also simplify administration of the code. 13 . Section 11.29, Subd. 5 M. Screening requirements for B-1 areas across the street from R Districts would be changed to conform to similar requirements elsewhere in the code for the purpose of consistency. 14. Section 11. 30 Subd. 5 Lot Area, Height, Lot Width and Yard Requirements C. This section is again changed in order for terminology regarding street classifications to be consistent with those of the Metropolitan Council. 15. Section 11. 33 Subd. 2 Permitted Uses (I-2 Zone) The change as contained in attachment A shows major commercial recreation uses in the I-2 District being changed from a permitted use to a conditional use. The Planning Commission passed a motion outlining two alternatives regarding this section. Alternative 1 would create a moratorium on new major commercial recreation development in the I-2 Zoning District for a period of at least six months while the City reviewed and approved changes to the code regarding the use of I-2 property for commercial recreation purposes. This alternative is preferred by the Planning Commission but is subject to a ruling by the City Attorney. If the City Attorney rules against this alternative, the Planning Commission recommends that the alternative of making major commercial recreation in the I-2 zone a conditional use until the City takes further action to change this section of the code. 16. Section 11.34 Subd. 3 Floodfringe District Changes to the wording of the City's Floodplain Ordinance are being made to comply with requirements of the Minnesota Department of Natural Resources. - 17. Section 11.34 Subd. 7 Mobile Homes & Mobile Home Parks This is also a change to language within the City's Floodplain Ordinance to conform with requirements of the Minnesota Department of Natural Resources. 18. Section 11.37 Urban Redevelopment District The Planning Commission is recommending that the Urban Redevelopment District be eliminated from the City Code. This district was set up a little over a year ago for the purpose of allowing the Fairest Made Foods industry to expand on their present site. They were previously zoned B- 1 which prohibited expansion of the industry in that location. The Planning Commission feels that the zoning district has not accomplished it's purpose and that the area should be rezoned back to B-1. The Planning Commission held a public hearing on this proposed rezoning and no opposition to rezoning the property back to B-1 was expressed at the public hearing. The two owners of property within the Urban Redevelopment District which includes Mr. Jongquist, support it's rezoning back to B-1. 19. Section 11.60 Performance Standards Subd. 9 Presently the City requires a Conditional Use Permit for bulk storage tanks. In researching other city ordinances, staff found that no other cities require a conditional use permit for tanks. In also discussing this with the Fire Marshall it was felt that the requirements of the State Fire Marshall and Department of Agriculture are sufficient to insure protection of the local community. Therefore, the Planning Commission has recommended changes to this section which would not require a conditional use permit for bulk storage tanks. 20. Section 12.07 Subd. 1 B Design Standards The following changes are proposed to Design Standards for subdivisions. Collector streets would be defined as major and minor collector streets. Major collector streets requiring a 100' right-of-way, minor collector streets requiring a 80' right-of-way. This change is proposed at the request of the County Engineer. The County would like 100' of right-of-way for County Roads which are classified as collector streets. The change also proposes a change in right-of-way widths from 55' to 60' and a roadway width change from 24' to 28' for one-way collector streets. The Planning Commission has recommended the maximum grade for arterial streets be changed from 6% to St. The Planning Commission had considerable discussion on whether to increase the maximum grade allowed for local and marginal access streets. The City's Engineer and Planning staff had recommended to the Planning Commission that the maximum grade be changed to 7% which is more consistent with other suburbs in the Metro Area. Staff provided the Planning Commission with Attachment B showing a survey of maximum street grades allowed by other cities in the State of Minnesota. The Planning Commission after discussion felt that the street grade should remain at the current 5% maximum grade and has recommended to the City Council that no change be made to this requirement. Also added to the street grade requirement is a maximum 1% gradient for the first 100 feet in all directions from an intersection. This would provide for a level area adjacent to the intersection. ALTERNATIVES• 1. If the City Council agrees with the recommendations of the Planning Commission regarding code changes a motion should be passed directing the City Attorney to draw up the appropriate ordinance amending the City Code. 2. Direct staff to either eliminate proposed specific sections from the recommended code changes or alter the language within specific sections and bring back the revised draft to the next meeting for further discussion and action. 3 . The City Council could eliminate proposed code changes from the recommendation and/or alter language regarding changes to specific sections and direct the City Attorney to draw up the appropriate ordinance with these changes. ACTION REODESTED: Offer and pass a motion to proceed with the code changes as outlined in either alternative 1, 2 or 3. Attachment A Zoning & Subdivision Code Chance l. ) Section 11.02 DEFINITIONS 13 . "Building Height" - The vertical distance from: fIr} the average elevation of the adjoining ground level er-fZ} tka-eskab}iske& radr,-�tkiehevrr-is-}ewer to the top of the cornice of a flat roof, to-t+leek-34�- f,--e mansard-reef; to a point on the roof directly above the highest wall of a shed roof, te-the-nppermest-pe#nt-en a-rennd-err-.+a_?a+--arch-type-ree£- to the mean distance of the highest gable on a pitched or hip roof. - 141 --Opaque-I - For the purposes of this chanter, the opaqueness of an obiect shall be measured by the ability of a vertical surface plane to obstruct light when viewed from a point perpendicular to that plane 2. ) Section 11. 03 Subd. 3 IAT PROVISIONS D. On double frontage lots the required front yard setback - - ball beprovidedon both streets. However, in R-1 and R-2 districts the setback maybe reduced by 10 feet in the direction determined to be the rear Yard. The "front yard-- shall be the shortest of the two frontages. E. On corner lots, the required front yard setback shall be provided on both streets. However. in R-1 and R-2 districts the setback may be reduced by 10 feet in the direction determined to be the side Yard. The "front yard" shall be the shortest of the two frontages. 3 . ) Section 11.03 Subd 6 ACCESSORY BUILDINGS C. In "R-2" through "R-4" Districts no accessory building shall exceed ten (10) percent of the lot area or exceed the square footage of the foot print of the habitable Portion of the principal dwelling, whichever is less. E. All accessory buildings shall meet the same front yard setback requirements as the principle dwelling. Accessory buildings shall not be located nearer the side or rear lot lines abutting a street than the principle dwelling or closer than the required setback for the principle dwelling whichever is less. F. A detached accessory building may not be located less than five (5) feet from the rear or side lot line. except-when Abere the entrance to a garage is on an alley or street, in-which-ease, the building shall not 1 be less than twenty (20) feet from the lot line abutting the street or alley. 4 . ) Section 11. 03 Subd. 7 REQUIRED YARDS & OPEN SPACE E. Iaet'e-which-eebtrt Per-mare-than-exec--s�ee+r�hatf-provide the-regaired-€renE-yaxdgs}onq-�veiy _-==-�xeop�-Fee -_-_ Sets--p' --prror-tro---Apri�-3;-'}9a8;--which--Phar} provide-s--mtrrinxm-bF-9e--iee�-from-nny- ____ -srrfaee when--tq - et--sine-does--net--make--it-Pi et-i eh}r-iro preride-mere- For corner and double frontage setback requirements see Sec. 11.03, Subd. 3 D & E. F. Where adjoining structures existing on the effective date of this chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in--the rmmediate-viernrhYr___.,gym-�ihY__Adm#nisErairor--sha}} determine-LllC-fleeessai'Y--£rent--Yard- __"__-- §r--sneh eases-. The average Prevailing setback shall be the average of all existing Principal buildings on the _same block face or if there are less than three - (3) structures existing on the same block face the adjoining block face closest to the subject property shall also be included in the computation H- Fn-er33-dialriche---prrecipe•�-strnetares--s}satf--be--}gg feeh-ex--mere-from--the y�arr--kriyhwate�-}ine-t43een--hhe prepertp-erkxrter-a-iskrt`-ar-st�eanr-ane-so i�.--abserpFien sewage-dsspose�-syskem--shah--br-}58--feet-€exar-mean kighwaEer- marle.----He--sEraeikre,--�xceT�-beat--hee:ses; piers-and-doe3c�--she��-be-p}need-rtzt srr�lere�iotr-sxeh iha�-{}ee--i�a`r-€3eer;--ri�Hx}itig--besemen!- {loot�--is fess-Than-3-feet-abeve-ike-highest-]tnerrn-water-�eer}c 1-cH. No building permit shall be used for any lot or parcel which does not abut a dedicated public street. 5. ) Section 11.03 Subd. 11 PROPERTY ABUTTING HIGHWAYS Property Abutting Highways. Along streets designated in the Transportation Plan, the front yard setback for all principal structures from planned right-of-way lines shall be 70 feet for prineip}e--�ttd intermediate major arterials, 50 feet for minor arterials and 40 feet for collector streets. 2 6. ) Section 11.04 Subd 4 APPEALS B. At any one time within airteiy-o-&B seven (7) days after the decision of the City Administrator under the provisions of this chapter, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the City thereby may appeal to the Board of Adjustments and Appeals by filing a written notice to the City Administrator stating the action. 7. ) Section 11.04 Subd. 5 VARIANCES B. Additional conditions 1. In granting a new variance, the Board of Adjustment and Anneals may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the Commission considers necessary to protect the interests of the surrounding area and the health safety and general welfare of the community as a whole. Additional restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. B-C. Procedure 8. ) Section 11.04 Subd. 6 CONDITIONAL USE PERMIT A. Criteria for Granting Use Permits. i1- Phe--Developer-shaii-�xi�ri�-a-�t-ime-sebe@rrlr-far eemp3rtiea-ef-eke-pro}eei- �� Phe-Beveieper-shed3-p:ovide--IxwF-ofvcrr�ers�rip-ef the-prapertp�tc-hhe-A3mraistraker- C. Procedure 1. The person applying for a conditional use permit shall fill out and submit to the Administrator a conditional use application form plus fee. At the time of submission of the permit, the developer shall supply the City with a time schedule for completion of the Proiect and proof of ownership of subiect property, and the Administrator may request the developer to deposit up to $1,000.00 held in a special developer's escrow account and shall be credited to the said developer. Engineering, Planning, Administrative and legal 3 expenses incurred by the City shall be paid by the developer. The Administration of the escrow account shall follow section 12. 03, Subd 3, of the Subdivision Regulations. 6. The Planning Commission must take action on the application within sixty (60) days after the public hearing is closed. In all cases the Planning Commission must act on the request within 120 days of submittal of the annlication unless a time extension is requested by the aonlicant in Writing. If it grants the conditional use permit, the Planning Commission may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare. and et:eke-eend§tsens-grey-itltH -a-tsme-3imit mor-tke tele-tc-exi- t-er-eperatr. 9. ) Section 11.05 Subd. 1 MOTOR FUEL STATIONS B. A fence or wall of acceptable design shall be constructed along the property line when said use abuts property residentially used or in an "R" District, and said fence shall be adequately maintained. Application of this provision shall not require a fence within the required front yard. The entire site other than that taken up by a structure or planting shall be surfaced with a materia}-E:e-eeaEro}_gttst_.er�d-$�.ay* concrete or bituminous binder. 10. ) Section 11. 05 Subd. 3 OFF-STREET PARKING 6 LOADING D. Design and maintenance of off-street parking areas. 2. Access and Location. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed 24 28 feet in width at the public walk centerline and shall be so located as to cause the least interference with traffic movement. 7. Parking Space Abutting R Districts. When a required off-street parking space for six or more vehicles is located abutting an R District, a compact evergreen hedge or a fence of adequate design, not over 6 feet in height nor less than 3 1/2 feet shall be erected and maintained along the R District property line, (except such fence shall not be located within the front yard) . Said fence shall not be less than 75% opaque. 4 9. ^xreenzng-__�Ihe*r-a;*P-Te4nsred-z,ii�trrt -park}ng abxts-an-yip-D_ �--iT-aha��-fie-ter.-rm.��n&-n p}an-�3xw,i-ng- -axekr-sere ening-93m33-be &e]bMibied---f,&P___t4�---app�a}__bf___th,__-eyam, Aelminisiraterr 11. ) Section 11.27 Subd. 6 PERFORMANCE STANDARDS 6 A. Exterior Storage (for applicable provisions see Section 11. 60 Subd. 1) 12. ) PERFORMANCE STANDARDS The following changes will be made to Sec. 11.28, Subd. 6; Sec. 11.29, Subd. 6; Sec. 11.30, Subd. 6; Sec. 11.31, Subd. 6; Sec. 11.32, Subd. 6; and Sec. 11.33 , Subd. 6. A. Acceptable Building Materials. (for applicable provisions see section 11. 60 Subd. 5) B. Required parking Setback. (for applicable provisions see Section 11.60 Subd. 6) C. landscaping Requirements. (for applicable provisions see Section 11. 60 Subd. 7) D. Screening. (for applicable provisions see Section 11. 60 Subd. 3D) E. Roof Top Facilities. (for applicable provisions see Section 11. 60 Subd. 3 D (1) ) F. Parking Areas. (for applicable provisions see Section 11.60 Subd. 3 D (2) ) G. Outdoor Storage and Trash Handling. (for applicable provisions see Section 11.60 Subd. 3 D (3) ) H. Loading and Service Areas. (for applicable provisions see Section 11.60 Subd. 3 D (4) ) Source: Ordinance No. 158, 4th Series Effective Date: 1-31-85 13. ) Section 11.29, Subd. 5 M. Whereas a B-1 use abuts or is across the street from an R-District, a fence or compact evergreen hedge not less than &" 75 opaque not less than not over 6 feet high in height nor less than 3 1/2 feet (except when adjacent to a street where it shall be not higher than 3 feet in height) , shall be erected and maintained in 5 the front yard portion of the lot and along the side or rear on the property line that abuts or is across the street from the R District. Said screening maybe erected in the frontand f desired it shall not v but i exceed 3 feet in height. 14. ) Section 11.30 Subd. 5 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS C. Front yard: the front yard setback for all principal structures from planned right-of-way lines shall be 70 feet for prinerp}e-arn}-ratarme&saie Maio r arterials, 50 feet for minor arterials, 40 feet for collectors, and 30 feet for all other streets. Rear yard: 30 feet. Side yard: 15 feet. Lot width: 100 feet. 15. ) Section 11.33 , Subd. 2 PERMITTED USES (I-2 Zone) N- 2emmereia}-Reereabtetr,--Hajar Section 11.33, Subd. 3 CONDITIONAL USES 0. Commercial Recreation, Miner 16. ) Section 11.34 Subd. 3 FLOOOFRINGE DISTRICT B. Conditional Uses 1. Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the lowest floor above the regulatory flood protection elevation may be authorized. €}eedpreafed•-}a-aeeerekanee-xibir-blx-Sbatc-Bai}&ing Fade- ?- Rrsi�3etrbia}-Baxmerrbs--Resirketrbia}-baseneents be}aer-t3ir`�aoir-plroieei#erc-e3ev8tseit-�fly--be axEhar#ted-#€-they-sx��iooF}proo-Eec}�o-FP-} e}ass}fieatricn-irr _._- _....- -w§th-fi}te--Sbate Bxi}drng-t�o+de:----Ne--fa^o+--ar-lx+rbi o:r-o€--e residenee---bel ew---fihe---�egiz•} y.___€}eed preteeiien-el�vat�.vrr�araY-'be--rased-for Kaman eeerxpanep-- 17. ) Section 11. 34 Subd. 7 MOBILE HOMES & MOBILE HOME PARKS D. The first floor elevation of a manufactured housing unit must be elevated to at or above the regulatory flood protection elevation 6 18• ) Section 11.37 F3RBktF-REBES+EEpPt4E}FP-BFSPRE2� The Commission wishes to repeal Ordinance #215 deleting this District from the code. This action will cause the property located within the district to revert back to its previous zoning classification (B-1) . 19. ) Section 11. 60 PERFORMANCE STANDARDS Subd. 9 Bulk Storage (Liquid) . All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids (except within the Ag i R-1 Districts in which all uses associated with bulk storage of liquid shall be above ground) shall re T&jre-aeetx&-trim&}-rx-permtb-ia..crder hkab-the-goc+erni-reg--bod}•-map-have-gssexrem>r-C}=al--fire; exg3as#sR,--az-��t�br-se#�-c�cmtaariieatiorr-ltezerds-are net-prexnt--(-tk:ea-ren}d--be--detr4menta}-to—t9ie--ptrbbze ' kea3-th--se€etY--erd-genera3-w+e}Eernr---B�Hr-skorage-ef l4gaid-she}1-be-cbone-- t4yund- 'exeeptr-as-etherwise regaire&-4by--}aw-os tker-ep{rlic rle--Seeticxra-oC--the _abeve-4renrd-44qu-� t,&rage tanks-i�ixfg--o--eapaeity--in- -"===r -of`-ten--tkexaand F}&,-BBB}-qa}}ens-ska}}-secure-e- it-ionatytse-pereit wrtkrn-trentY—€enz�-(�'+y--�xntka-#e3iersrg-r-------= �€ this,-ehapterr--4VA Clou:R. r-reey-Pegg it -the­ -1-1541--Cg-the--tavrk---earparekty ha3}54 j--og-the-tank--eapaeitp AnY-ex-is ting-stoic-tank--that,--in-t+A opitri- ter€-the gagerHing--kody,--cex+stifirxtes--e--kaeard-fio--tAr-pitb}ie sa€etr- shall -d£seentirde--operations- it�rrrr-#ive--FS} Years-]cbiowing�nxtmentbf-tkis�Aapterr Comply with the requirements of the MN State Fire Marshall and the MN Dent. of Agriculture and have documents from these offices stating the use is in conformance. After installation, in conformance with State Fire Marshall or MN Dept. of Agriculture, a follow-up inspection of the tanks shall be made by the City Fire Marshall or State Fire Marshall. 20. ) Section 12. 07 Subd 1 B DESIGN STANDARDS (a) Width of Streets (1. ) Two Way Streets Classifications Right-Of-Way Roadway Rural Local Street 60 Feet 28 Feet Arterials 100 Feet 68 Feet Collector Streets &&-Feet 44-Feet Maior 100 Feet 44 Feet Minor 80 Feet 44 Feet Local Streets 60 Feet 36 Feet Marginal Access Street 50 Feet 28 Feet 7 (2 . ) One Way Streets Classification Right-Of-Way Roadway Local 45 Feet 24 Feet Collector Streets 55 60 Feet 24 28 Feet Arterial Streets 60 Feet 2# 28 Feet (c) Classifications Gradient Percent Arterial Streets 6 5 Collector Streets 5 Local Streets 5 Marginal Access Streets 5 Intersection Design. A 1 Percent gradient ver 100 feet in all directions. 8 Attachment B STREET GRADES Survey of 27 communities at the Fall' 1987 Conference of Minnesota Public Works Association as to maximum street grades. Y of Cities 54 - 1 (Shakopee) 64 - 2 74 - 2 84 - 17 124 - 4 204 - 1 (Duluth) LOCAL EXAMPLES OF STREET GRADES Spencer Fifth to Sixth - 4 .54 Hauers Trail CSAR 16 to Parkridge Drive - 54 Atwood (Third to Fourth) - 64 Apgar Street Third to Fourth - 84 Shumway Third to Fourth - 84 Horizon Drive - 8.24 Dean Lake Road - 104 Jasper Road - 154 CONSENT 9� MEMO TO: John R. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Community Development Commission 1987 Annual Report DATE: April 14, 1988 INTRODUCTION• In accordance with City policy, the Shakopee Community Development Commission has completed their 1987 Report for the City Council's review and approval. BACKGROUND: On April 6, 1988 the Shakopee Community Development Commission moved to recommend to City Council approval of their 1987 Annual Report. A copy of the report is shown in attachment #1. ALTERNATIVES• 1. Move to approve the Community Development Commission's 1987 Annual Report. 2. Do not approve the 1987 Community Development Commission's Annual Report. - STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to receive and file the Community Development Commission's 1987 Annual Report. 1987 ANNUAL REPORT SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION COMMISSION ACTION 1. Due to the lack of business, the Community Development Commission did not meet during the month of January. 2. 2/11/87 - The ICC Day - Agreed to work with the Shakopee Chamber of Commerce on the Media Day concept. It was agreed that the Media day would be done in lieu of the semi annual ICC Day. 3. 2/11/87 - Election of Committee Officers - The following were nominated and approved for office: Tim Keane- Chairperson, Al Furrie - Vice Chairperson and Jane DuBois- Secretary. 4. 3/11/87 Canterbury Downs Resolution of Support for Parimutuel Law Amendment - The Committee moved to approve Resolution 86-1 supporting the amendment to the parimutuel tax law. 5. 3/11/87 - The 1987 Open House - It was the consensus of the Committee to schedule the 1987 open house in conjunction with Canterbury Downs annual exhibition day. The Committee also scheduled a special meeting on March 18 to continue discussion of the open house. (Council concurred 3/17/88) 6. 3/18/87 - Special Meeting - Open House Shakopee 87 - A special meeting was held by the Community Development Commission to discuss the events for Shakopee Open House 87. The event was scheduled for April 18, 1987 from 1:00 pm to 4 :00 pm. Boards and Commissions representing various jurisdictions in the community would be invited to attend this event and share the activities of their board or commission with the public. Events including an Easter Egg Hunt and Pony Rides would also be available for children attending the event. 7. 5/6/87 - Starwood Proposal - The Committee heard a proposal from Jeff Siegal, Starwood project manager regarding the proposed Starwood Amphitheater. 8. 5/6/87 - Media Day - The Committee reviewed activities planned for the Shakopee Media Day scheduled for June 12, 1987. The event was developed to attract news writers from throughout the Midwest to Shakopee in the hopes that they would generate a story on both Shakopees area entertainment attractions and commercial and industrial development possibilities in the community. 9. 5/6/87 - ICC Open House - The Committee analyized the 1987 ICC open House and agreed that the planning process should begin earlier year. The Committee also suggested that a promotional item be provided on behalf of the Community Development Commission. It was also suggested that the signs be improved and that a banner indicating the ICC Sponsorship be made. 10. 7/1/87 - Economic Development Incentive Study - The Committee suggested that staff proceed in conducting a survey of several industrial parks in the area to determine what economic incentives are being offered to attract new development. _ 11. 7/1/87 - ICC Round Table Meetings - It was the consensus of the Committee to schedule a round table discussion meeting with business managers in the industrial park. The Committee suggested that the event be scheduled for August 5, 1987. The purpose of the event was to open up a line of communication between the firms in the industrial park and the City in the hope that the needs of the industrial sector were being met by the City. 12. 7/22/87 - Starwood Amphitheater - The Committee moved to _approve a resolution in support of the Starwood Amphitheater proposal. 7/22/87 Economic Development Update - The Committee suggested that a new item be placed on the agenda entitled "Economic Development Update". The purpose of this section would be to inform the Committee of new development projects when they are initially proposed. 13 . 9/2/87 - Economic Development Incentive Survey - Staff presented the results of a survey conducted by the City to determine what methods of assistance are being utilized by other communities in the metro area to attract developers. The results indicated that the communities of Chaska and Chanhassen were aggressively offering financial assistance in the form of tax increment financing and industrial revenue bonds. Results also indicated that communities with accessible transportation systems are not offering as much financial assistance as those communities that do not have - good transportation access. It was the consensus of the committee to direct staff to draft a memo to be sent to the Shakopee City Council and Planning Commission addressing the ICC vision and direction. 14. 9/2/87 - ICC Newsletter - It was a consensus of the committee that the commission should begin an educational campaign informing the public of the development activities taking place in our community. It was suggested that a one page flyer be distributed to the Shakopee Residents via direct mail on a quarterly basis. 15. 9/2/87 Changed Name of the Commission - It was the consensus of the commission to recommend to City Council that the name of the commission be changed from the Industrial Commercial Commission to the Shakopee Community Development Commission. (Council concurred 10/6/87) . 16. 9/2/87 - Star City Amoroval - Mr. Stock reported that the Department of Trade and Economic Development has approved Star City designation for the City of Shakopee. 17. 10/14/87 - Star City Reception - The committee discussed the activities for the Star City Reception to be held on October 22, 1987 at 5:00 p.m. at the Canterbury Inn. 18. 10/14/87 - CDC Newsletter - The Committee discussed the content of the proposed newsletter and its purpose. It was the consensus of the committee to schedule a special meeting on October 28,1987 to review a draft newsletter and make a recommendation to City Council accordingly. 19 . 10/14/87 Resolution supporting alternative financing mechanisms to improve the State Highway Transportation System - The Committee approved a resolution supporting alternative financing mechanisms to improve the State Highway Transportation System. 20. 10-28-87 CDC Newsletter - The Committee agreed to distribute the CDC Newsletter on a quarterly basis. The Method of distribution would be an insert in the Shakopee Valley News. The commission moved to recommend to City Council that the development insight newsletter concept be approved. (Council concurred 1/4/87) . 21. 14/28/87 - Request to Receive City Council Minutes - The Committee moved to recommend to City Council that the CDC members be placed on the City Council minutes mailing list (Council concurred 11/17/87) . 22 . 11/6/87 Meeting Cancellation - Due to the lack of business the November meeting of the Community Development Commission was cancelled. 23. 12/9/87 88 Promotional Activities - The Committee discussed participating in cooperation with Canterbury Downs to sponsor Shakopee Open House 1988. It was the consensus of the Committee to pursue the open house event again in 1988. 24. 12/9/87 - Downtown Committee Representative - The Committee moved to recommend to City council that the existing appointment to the Downtown Committee be changed from a voting member to an ex-officio capacity. 25. 12/9/87 - CDC Newsletter - It was the consensus of the committee to distribute the first issue of the CDC Newsletter in the December 16, 1987 issue of the Shakopee Valley News. The Committee also suggested that the next issue of the CDC Newsletter focus on the economic development financial tools being utilized by the City in attracting development to our community. 26. 12/9/87 - Business Persons Breakfast meetings - It was the consensus of the committee to survey Shakopee business persons to determine if they would be interested in attending a monthly breakfast meeting to share and discuss their concerns regarding our community. CONSENT 7j MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Ad Hoc 1987 Annual Report DATE: April 19, 1988 INTRODUCTION• In accordance with City policy, the Shakopee Downtown Ad Hoc Committee has completed their 1987 Report for the City Council's review and approval. BACKGROUND: ' On April 13, 1988 the Shakopee Downtown Ad Hoc Committee moved to recommend to City Council approval of their 1987 Annual Report. A copy of the report is shown in attachment #1. ALTERNATIVES• 1. Move to approve the Downtown Ad Hoc Committee's 1987 Annual Report. 2 . Do not approve the 1987 Downtown Ad Hoc Committee's Annual Report. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to approve and file the Downtown Ad Hoc Committee's 1987 Annual Report. 1987 SHAKOPEE DOWNTOWN AD HOC COMMITTEE 1. 1 /14/87 Downtown Redevelopment Proiect and 3rd Avenue -It was the consensus of the Committee to table action on the inclusion or exclusion of 3rd Avenue into the Downtown Redevelopment Project until staff has figures available on the financial impact of deleting 3rd Avenue. 2. 1 /14/87 Validity of Downtown Feasibility Study Petition- Staff reported that the City Attorney and League of Minnesota Cities Attorney have given their opinion and both believe that the petition for the Downtown Feasibility Study is valid. (Council concurred 3/17/87) . 3. 2 /4/87 Downtown Redevelopment Proiect - It was the consensus of the Committee that the Committee should not proceed in circulating a second petition to satisfy the criticism of the first petition. The Committee also moved to keep the - Downtown Redevelopment momentum moving forward and that the committee continue its support for the downtown street public improvements and the project assessment policies as amended and adopted by the City. 4. 2/25/87 - Redevelopment Proiect Public Hearing - A meeting _ was held by the Downtown Committee to discuss the presentation for the downtown Redevelopment Project public hearing scheduled for March 10, 1987. (Council ordered the Downtown Project 3/17/87) (Council Approved Plans and Specifications and Ordered Bids 6/22/87) . 5. 4/13/87 - Goals and Obiectives - It was the consensus of the Committee that the following objectives would be a high priority of theirs in 1987. 1. Downtown Sign ordinance. 2. Downtown Design Standards. 3. Financial Programs. 4. Develop an Acquisition, Demolition and Rehabilitation Plan. 5. Downtown Property Inventory and Analysis. 6. Formalization of the Downtown Merchants. 7. Marketing the Downtown and a Study to Determine Possible Business Needs and a Promotion Plan. 6. 5/13/87 - Lower Level Lighting - The Committee moved to - recommend that the height of the lower level lighting be decreased to 12 feet. 7. 6/10/87 - Sign Ordinance - The Committee moved to direct staff to contact several other communities that have sign ordinances and a downtown similar to Shakopee's to see what kind of signage control they have and to get examples of some of the things we don't want to occur in our downtown. Rd� 8. 7/1/87 - Sian Ordinance - Moved to recommend to the Shakopee Planning Commission that the sign ordinance for the B-3 zone be approved. 9. 7/14/87 - Downtown Liaht Poles - The Committee moved that the direct embedment method be employed in the downtown project for the light poles. 10. 7/14/87 - Downtown Planters - The Downtown Committee moved that the planters to be bid in conjunction with the downtown project have an exposed aggregate surface. 11. 7/14/87 - 2nd Avenue Parking Lot Plan - The Committee moved to recommend to City Council that the 2nd Avenue Parking Lot Plan be amended to create two hour parking in the center aisle and relocating eight hour parking to the North side of the lot. (Council Concurred 7/21/87) . 12. 8/12/87 - Design Standards for New Construction - The Committee moved to recommend to City Council that the downtown design standards for new construction be approved and incorporated into all City incentive programs utilized in the downtown area. (Council concurred 9/1/87) . 13. 8/26/87 - Downtown Market Analysis - The Committee moved to approve a resolution requesting the City Council to consider approving, 1. The appropriation of the funds to update the revitalization plan, 2. To abide by the downtown revitalization plan and land use plan provided therein until adoption of and updated revitalization plan and, 3 . To refer all development requests that occur within the downtown area and that are seeking City public money or deviation from the downtown revitalization plan to the Downtown Ad Hoc Committee for review and comment. (Council denied item #1 and approved #2 and #3 10/6/87) . 14. 10/14/87 - Downtown Assessment Policy - The Committee moved to adopt the adjusted 70 front foot/30 sq. foot assessment method to replace the old 70 front foot/30 sq. foot assessment policy. 15. 10/14/87 - Design Standards for New and Infill Construction - The Committee moved to recommend to City Council that the Downtown Design Standards for new and infill construction be adopted and incorporated into all City incentive programs that may be developed for use in the downtown area. (Council concurred 10/20/87) . 16. 11/25/87 - Huber Park Trail Improvement Proiect - The Committee moved to recommend to City Council that site #4 (Senior Hi-Rise) be selected as the location for the observation platform and that there be no screening on the proposed gazebo. (Council concurred 12/1/87) . 17. 11/25/87 - Downtown Snow Removal - The Committee moved to maintain the current City policy which states that the property owner is responsible for maintaining the sidewalk area in front of their business establishment or residence. The node areas will be the responsibility of the City regardless of the level of snowfall. However, property owners are encouraged to maintain the nodes in light snowfalls. (Council concurred 12/8/87) . 18. 11/25/87 - Downtown Benches - The Committee moved to direct staff to take the appropriate steps to have the benches placed in Phase I, Part I of the Downtown Redevelopment Project stained to match the color of the benches placed along 2nd Avenue parking lot during the demonstration project. 19. 11/25/87 - Downtown Survey - The Committee moved to direct staff to prepare a survey to be distributed to the property owners and/or renters in Phase I, Part I of the Downtown Redevelopment Project to gather their comments regarding the final product and problems that they may have encountered during the construction period. 20. 12/16/87 - Benches - The Committee moved to recommend to City Council that benches on Phase I, Part II not be ordered until Phase I, Part II is complete and an assessment is made to determine how many benches are needed. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Project Phase I Part II DATE: April 14, 1988 - INTRODUCTION• Design plans for Phase I Part II of the Downtown Redevelopment Project have been completed. Since we have several new members on the Council, Mayor Lebens has suggested that copies of the final design plans be reviewed by staff for Council's information and consideration. Detailed plans for one block of Holmes Street and one block of Second Avenue are attached. Plans for all streets in the project are available in the Engineer's office. BACKGROUND: On June 22, 1987 the Shakopee City Council approved ordering the bids for the Downtown Redevelopment Project. Phase I of the project was split into two parts to reduce the impact on retailers during the construction period. Part I of the project included Sommerville and Lewis Streets and Second Avenue between Sommerville and Holmes Street. Part II of the project which is scheduled for construction beginning in April will encompass Holmes, Fuller, and possibly Atwood Street. Second Avenue will also be reconstructed between Holmes and Atwood Streets. Staff is presenting this issue to City Council so that they may review the construction plans of Phase I Part II. This is a review of the final design not the merits of the project. Since the completion of Part I, the City Council has taken informal action on several items including deleting any further acquisition of benches for Phase I of the project until a survey can be made to determine if additional benches are needed. Council also has reserved the right to delete Atwood Street from the Part II of the project. This was done in an effort to determine if the railroad spurs on Atwood Street can be eliminated prior to construction of said street. Based on the comments and concerns of property owners in the downtown area, staff has made several other design changes to the plans to improve traffic flow in the downtown area. For example, the nodes on the corners of First and Holmes St. and First and Fuller St. have been eliminated, and would be installed when First Avenue is done. If the Council wishes to modify any of the design or streetscape elements in the final design plan, Council should be aware of pertinent contract language relating to this issue. Our current contract with Hardrives Inc. states that any one item can be varied by 203. However, this section of the contract also states that the variance must be reasonable. It is unreasonable to make a 203 across the board cut on all streetscape and design elements under standard contract practices. When City Council deleted the benches from the contract in the fall of 871 , the contractor was not legally required to agree to the proposed deletion, but did agree. Staff would like to point out that many of the streetscape amenities included in Part II of the project have been ordered by the contractor. The contractor may not be willing to delete items exceeding the 203 provision as stated in the contract. At the Council meeting on May 5, 1988 the Engineering Department will be prepared to make a recommendation on the inclusion or exclusion of Atwood Street. A separate memo will also be presented to City Council at that time requesting change orders for additional sanitary sewer on Atwood Street, a retaining wall. on Holmes St. and adjustments to several itemized construction quantities. The engineering consultant for the Downtown Redevelopment Project will be present at the meeting on April 19, 1988 to answer any questions regarding the project. If City Council desires to make modifications to Phase I Part II of the Downtown Redevelopment Project, staff would recommend that any proposed modifications be referred to the Downtown Committee for further review, analysis and final recommendation. ALTERNATIVES• 1. Refer to the Downtown Committee any items for further review and consideration. 2. List any modifications to items in the Phase I Part II Redevelopment Plans without further consideration by the Downtown Committee. 3 . Make no changes to the Phase I Part II Downtown Redevelopment detailed design plans as presented. STAFF RECOMMENDATION: Staff recommends alternative #1 or #3 . ACTION REODESTED: No official action is necessary assuming Council has no major modifications to the Phase I Part II Downtown Redevelopment Plans. /Oh MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Cities Week DATE: April 15, 1988 INTRODUCTION: Governor Rudy Perpich has proclaimed May 1 thru May 7, 1988 as Cities Week. The purpose of Cities Week is to recognize Cities for the services they provide, to help people learn more about their Cities and their functions and to have some fun in the process. The League of Minnesota Cities is asking communities throughout the State to participate in the week long celebration as part of the League of Minnesota Cities 75th Anniversary. BACKGROUND: This fall I presented the Cities Week concept to the City Council for their consideration. At that time, the Council was supportive of the Cities Week concept and directed staff to _-- investigatesomeactivities to celebrate Cities Week. In early January, staff met with several persons representing the downtown business community to determine if a joint effort could be utilized to sponsor several activities to celebrate Cities Week. The meeting yielded great enthusiasm from the attendees, so much in fact that their ideas have blossomed into a larger community celebration scheduled for June 25th & 26th "Derby Days". This year we have again scheduled our Shakopee Open House for Sunday, April 24, 1988 at Canterbury Downs. This event accomplishes many of the objectives we would be trying to accomplish during Cities Week. That is, we recognize our volunteers serving on many of our community boards and citizens are encouraged to ask questions regarding the plans and projects of the various city and County Boards and Commissions. The annual Open House affords the opportunity for information exchange between local residents and their elected and appointed officials. Taking the activities of Cities Week one step further, staff has investigated having the City sponsor a race at Canterbury Downs recognizing Cities Week. The cost to sponsor a race at Canterbury Downs is $65.00. Canterbury Downs has graciously agreed to waive this fee and admission fees for those City Officials interested in attending the event. The Mayor or a representative of City Council would then present a trophy to the winning jockey and owner. The race could also be named in honor of Cities Week such as " Cities Weeks Stakes". If the City Council wishes to pursue this activity, it would be appropriate to appoint a designee from City Council to attend the sponsored race on Sunday, May 1, 1988. Staff would also like to recommend that the City Council offer a motion authorizing the Mayor to sign a proclamation proclaiming May 1 thru May 7, 1988 Cities Week. A copy of the proposed proclamation is shown in attachment #1. ALTERNATIVES: CANTERBURY DOWNS SPONSOR RACE 1. Move to direct the appropriate City officials to inform Canterbury Downs that the City is interested in sponsoring a race in honor of Cities Week and the 75th Anniversary of the League of Minnesota Cities. 2. Do not authorize the appropriate City officials to sponsor a race at Canterbury Downs. PROCLAMATION 1. Move to authorize the Mayor to sign a proclamation proclaiming May 1 thru May 7, 1988 Cities Week. _ _. - 2. Do nothing. STAFF RECOMMENDATION: Staff recommends Alternative #1 in both instances. ACTION REQUESTED: Move to direct the appropriate City officials to contact Canterbury Downs and sponsor a race on May 1, 1988 celebrating the 75th Anniversary of the League of Minnesota Cities and Cities Week and authorize the Mayor to sign a proclamation proclaiming May 1 thru May 7, 1988 as Cities Week. BAS/tiv CITY OF SHAKOPEE PROCLAMATION WHEREAS, Cities are a grass roots governmental system which represents a close relationship between elected officials and citizens; and WHEREAS, Some 80 percent of the people in Minnesota choose to raise their families and make their homes within our state's cities; and WHEREAS, Cities provide the basic services necessary to insure the health, safety, and well being of the people- services such as water, streets, and police and fire protection; and WHEREAS, Cities exhibit amazing versatility in funding unique ways to cost effectively provide these services to their residents; and WHEREAS, Cities are essential to the future protection and development of our resources; and WHEREAS, It is appropriate to recognize the work of city officials, city employees, and volunteers in providing for the economic growth and vitality of our community, NOW, THEREFORE, I Dolores Lebens,Mayor of the City of Shakopee, do hereby proclaim the first week in May to be C I T I E S W E E K in Shakopee and urge citizens to take this opportunity to learn more about city government and how they can become more involved. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this nineteenth day of April in the year of our Lord one thousand nine hundred and eighty-eight, and of the State the one hundred thirtieth. Mayor of the City of Shakopee City Clerk /Oc, MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: The Community Center Ice Arena at the Minnesota Valley Mall DATE: April 15, 1988 INTRODUCTION• The City Council has spent a significant amount of time recently dealing with the subject of the possible construction of a community center/ice arena at the Minnesota Valley Mall. The Council is being asked to make a decision at the April 19th meeting relative to the level of City involvement, if any, on this project. BACKGROUND: Numerous meetings have been held over the past six months with the Essex Corporation (the proposed developer of the shopping center) , City Council members, various recreational groups, individual citizens, and City staff relative to the nature of City involvement in the construction of a community center at the Minnesota Valley Mall. The following discussion attempts to focus on certain relevant items which the City Council should consider in making a decision on this subject. The memo addresses funding sources which would be available for the construction of the community center, strategic issues to be considered in arriving at some decision, and alternative courses of action which could be taken by the City Council. Funding Sources The following items are sources of funding for a community center/ice arena. The list is not in any order of priority and the political viability of the sources are not commented on here. This list only indicates that the following sources are legally available for the construction of a community center. 1. General Obligation Bonds (this would require a referendum) . 2 . Surplus Tax Increment Financing 3. The creation of a new tax increment financing district. 4. Fund balance from the City's Capital Improvement Fund. 5. Fund balance from the City's General Fund (A one time amount of $500,000) . 6. The use of money from the recently discussed increased park dedication fees. 7. The use of the General Fund Operating Budget (for reserve purposes only) . 8. Civic Group Competitions, including: a. One time contributions b. On going contributions for a period of six years at $25,000 per year (the six year time period coincides with the remaining life of the Canterbury Downs Tax Increment District) . 9. Fund balance from the HRA Budget. 10. A land swap with the Essex Corporation. 11. Locally contributed services (sweat equity) from Shakopee citizens (a one time amount estimated at $50, 000) . 12. Developer contributions (amount to be determined) . 13 . A challenge grant from one or a number of local industries including, possibly, the Lions Club, the Rahr Corporation, K-Mart Corporation or the Stans Foundation (a one time amount of $50,000) . 14. Contributions from other governmental entities such as the Shakopee School District, Jackson Township or Louisville Township. 15. A voluntary assessment of Minnesota Valley Mall merchants. 16. The City guarantee of loan payments of commitments made by other groups such as the Shakopee Hockey Association (an amount of $25, 000 per year) . 17. Hockey Association one time contribution ($90,000) . 18. Interest write-down on the cost of money by the Essex Corporation. Strategic Issues The following issues addressed by the City Council in making a decision on the construction of the community center at the Minnesota Valley Mall. Issues are aggregated in four groups including those related to the construction of a new city hall, economic development issues, community center issues and public fiscal issues. The issues are as follows: I. City Hall Related Issues a. When is the best time to construct a new city hall? b. Should the City explore the option of a rental alternative until a new city hall is constructed? C. When is the best time to sell the existing city hall building, now or after the construction of the mini by- pass (mini by-pass/169 bridge will be completed in 1991 or 1992)? d. Has the question of where the city hall is to be located been determined by the existing City Council? e. The design and construction of a new city hall will probably require about two years. II. Economic Development Issues a. How significantly will the economic viability of the Minnesota Valley Mall be affected by the construction of a community center or the lack of construction of such a facility? b. What is the appropriate level of involvement of the City of Shakopee in a public/private partnership at the Minnesota Valley Mall? C. Is it appropriate to use City funds to arrest economic decline at the Minnesota Valley Mall? d. What is the desirability of having a three screen movie theater in Shakopee? Would this benefit youth and elderly persons in the community? III. Community Center Issues a. If a community center is to be constructed where should it be located? b. When is the best time to hold a referendum for a community center if a decision is made to attempt to construct a facility using this procedure? C. What is the priority of hockey vs. other community recreation activities? d. What is the significance of a community center as a marketing tool to attract young families to Shakopee? e. What is the City's role in providing indoor space for recreation activities? f. Could school buildings be used on weekends for community wide recreational purposes? g. If a community center and/or ice arena is constructed who will own the facility? h. What is the life expectancy of the current hockey bubble? IV. Public Fiscal Issues a. Will the Shakopee School District have solved it's high tax levy problems in the next one or two years? b. What will the overall public fiscal impact be of the Canterbury Downs Racetrack Tax Increment District being terminated and property going on the general tax rolls? C. If the legislature makes provision for the creation of a State lottery, what impact will this have upon pull tab sales and the profitability of the Canterbury Down Racetrack? ALTERNATIVES• The following alternatives represent possible courses of action that the City Council could take on this subject. 1. The City could conduct a city wide referendum and, if the referendum were to approve the construction of a community center general obligation bonds could be issued. 2. The cost of the community center could be lowered to $1,350, 000 by eliminating the new gymnasium addition to the facility. If this were to happen it would be possible to fund the facility with the following sources contributing thebelow specified amounts for the community center. Front-end Funding !Sources and Amounts Amount Source $500, 000 General Fund - Fund Balance 50,000 One time contribution by citizens (sweat equity) 50,000 Challenge Grant(s) from local $690,000 industries/foundations Total Amount $690,000 = Total funding available at front end of project. Sources of Ongoing Debt Service (Annual Amounts) Amount Source $25, 000 Ongoing contributions from civic groups (for six years) $25,000 Hockey Association - Contribution for life of debt $50,000 (City to guarantee) $50, 000 per year for six years then additional funding would have to be secured. 3 . The Essex Corporation could enter into an agreement with the Shakopee Hockey Association to construct only a ice skating facility. The City would guarantee debt service only if the Hockey Association or the Mall Merchants Association were unable to service the debt. 4 . The City would provide technical and financial assistance to the Minnesota Valley Mall in the form of designing and relocating the new main entrance to the mall. 5. The City could own the land and building for the ice skating facility and lease it to the Hockey Association for $1.00. 6. The City would not participate in any way in this project. RECOMMENDATION• It is recommended that alternative 41, a city wide referendum be held to determine if the community wants a community center constructed at this time. CONSENT / bj MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Vacated Women's Correctional Facility Availability DATE: April 14, 1988 INTRODUCTION• The State of Minnesota Department of Administration is once again notifying the City that the vacated Women's Correctional Facility on 6th Avenue is available for sale. BACKGROUND: With the construction and occupancy of the New Women's Correctional Facility two years ago the old facility became surplus property. The Minnesota Department of Administration is in the process of attempting to sell the building for the Department of Corrections. About one year ago the Department made the property available to Scott County, the Shakopee School District or the City of Shakopee. The former two agencies immediately declined to purchase the facility and the City of Shakopee exercised an option to purchase while attempting to find a developer. At that time the cost of purchase was $145, 000. After a lengthy period of time during which the City unsuccessfully attempted to find a suitable redeveloper for the property the City decided to cancel the option. All developers who looked at the property declined to purchase the facility because of the cost and several unknown factors including the cost related to demolishing or renovating the structures on the property. At this time the State of Minnesota is following the standards which are included in Chapter 94 of the Minnesota Statutes relating to the deposition of surplus property. The State is once again offering the property to the City of Shakopee for an amount of not less than $164,500. ALTERNATIVES• 1. Inform the State of Minnesota Department of Administration that the City of Shakopee is not interested in purchasing the vacated Women's Prison Site for $164,500. 2. Direct the City staff to investigate the purchase of the vacated Women's Prison property. RECOMMENDATION• It is recommended that the City Council follow recommendation #1 and not pursue the acquisition of the vacated Women's Prison for $164,500. ACTION RECOMMENDED• Move to inform Sandra J. Hale, Commission of the Department of Administration that the City of Shakopee is not interested in purchasing the site of the vacated Women's Correctional Facility in Shakopee for an amount of $164,500. Attachment NA OFOFMIWNF-40TA March 30, 1988 ID ._- - . ir0 " John Anderson, City Administrator APRo =:1988 129 East 1st Avenue Shakopee, Minnesota 55379 CITY OFgy;;<0 �. Department of Administration Dear Mr. Anderson: As you may recall some time ago in the Fall of 1986 the State of THE COMMISSIONER OFFICE Minnesota offered the sale of the vacated Women's Correctional COMMISSIONER Facility-Shakopee to "local units of government" per Minnesota Laws 1986 Chapter 367. Archirecmral Design Although some interest in the facility was generated and an option Budding code agreement was signed with the City of Shakopee, the eventual outcome Bulmmg C"nnruclum was that the property was not sold pursuant to the above referenced contracting law. Dau Pmetices Subsequently the State Departments of Administration and Corrections have received State Executive Council approval to dispose of the Data Processing property pursuant to sales provisions of Minnesota Statutes 1986 Employee Assistance Chapter 94. The state must now offer the property for sale once again to local units of government "for not less than the appraised Energy Conservation value". If no bids are received from government entities the property Fleet Management will then be offered for private sale. lnmrmnum Management The appraised value of the property for bid purposes consists of Inventory Management $155,000.00 which is the states certified value of the property, plus $9,500.00 for three independent fee appraisers, for a total Local e°"emment systema amount of $164,500.00. Management Analysis Therefore, in accordance with M.S. Chapter 94, 1986, if there is Plant Management a desire to acquire the property you are requested to submit a Printing&Mailing written offer for not less than $164,500.00 to the Commissioner of Administration no later than two weeks after receipt of this Public Ductmems notice detailing the reasons for acquisition and intended use of Purchasing the land. Real Eamt,Management Enclosed for your information and review are a legal description Ra"Na Managemem of the property's approximately 10.98 acres and "physical facility criteria" on its improvements. A site survey was sent to you the Resource Recycling last time the property was offered, should you wish to receive State Bookstore another copy, one will be sent to you upon request. Telecommunications Bid offers or requests for information should be addressed to Steve volumeerservices Mackenthun, Real Estate Management Division, 50 Sherburne Avenue, Room G-22, St. Paul , Minnesota 55155. Telephone 612-296-2278. Sincerely, y/7 200 Admmistmdnn Buildmg 50Sharhume Avenueandra J. Hale Saint Paul.Minnesma 55155 (612)296-3862 Commissioner EXHIBIT 'A' That part of Lots 1 thru 10, Block 172; that part of Lots 1 thru 10, Block 173; that part of alley in Block 172; that part of alley in Block 173 and that part of Fifth Avenue which lies between Block 172 and Block 173, all being in Shakopee City, and that part of Block 5; that part of Block 6; that part of alley in Block 5; that part of alley in Block 6 and that part of Fifth Street which lies between said Block 5 and Block 6, all being in Boeper's Addition to Shakopee City, Minnesota according to the recorded plat thereof on file and of record in the office of the County Recorder of Scott County, Minnesota and that part of the South Half of the Southwest Quarter of Section 1, Township 115, Range 23, and that part of the Northwest Quarter of Section 12, Township 115, Range 23, and that part of the Northeast Quarter of Section 2, Township 115, Range 23, Scott County, Minnesota described as follows: Beginning at the Southeast corner of said Block 172; thence westerly along the southerly line of said Block 172 and its westerly extension, a distance of 679.76 feet to its intersection with the southerly extension of the westerly line of Blocks 5 and 6, said Roeper's Addition to the City of Shakopee; thence northerly, along said westerly line, 678.76 feet to the northwest corner of said Block 5; thence easterly along the northerly line of said Block 5, a distance of 122.44 feet to the west line of the said Southwest Quarter; thence northerly along said west line, a distance of 81.10 feet to the southerly line of Block 4, said Roeper's Addition; thence easterly along said southerly line, a distance of 224.82 feet to the southwest corner of Block 174, said Shakopee City thence southerly along the northerly extension of the westerly line of Block 173, said Shakopee City, a distance of 80.00 feet to the northwest corner of said Block 173; thence easterly, along the northerly line of said Block 173, a distance of 300.00 feet to the northeast corner of said Block 173; thence southerly along the easterly lines of Blocks 173 and 174 to the point of beginning. NOTE: According to the County Recorder's records, that part of Fifth Street which lies between Blocks 172 and 173, Shakopee City and Blocks 5 and 6 Roeper's Addition to City of Shakopee has not been vacated and is still of public record. The alleys in Blocks 172 and 173, Shakopee City and in Blocks 5 and 6, Roeper's Addition to the City of Shakopee also has not been vacated and is still of public record. The triangular portion of property which lies in Section 2 and 12, Township 115, Range 23 are not mentioned by description, but is physically being used in the field. Shakopee --Physical Facility Criteria: J O 1. SIZE: Consists of five buildings on main campus, four main buildings completed in 1923, and a maintenance shop/garage built in 1958. HOUSING: Anthony Cottage 21 Single rooms plus one 3-bed room Sanford Cottage 21 Single rooms plus one 3-bed room Shaw Cottage 11 Single rooms Higbee 11 Cottage 10 Single rooms in lock unit plus 7-bed segregation unit. BUILDINGS: GROUND NO. OF PHYSICAL UTILITY IN BUILDING -AGE FLOOR AREA STORIES CONDITION PRESENT CONDITION Higbee 1920 6,536 Sq. Ft. 3 Fair Fair Anthony 1925 2,236 Sq. Ft. 3 Poor Poor Sanford 1922 2,236 Sq. Ft. 3 Poor Poor Shaw 1920 2,236 Sq. Ft. 3 Poor Poor Shop/Garage 1958 1,750 Sq. Ft. 1 Good Good 2. CONDITION: In general, the institution is in poor condition. Although staff has made good use of available space, there is insufficient space for almost every need including maintenance. Physical condition is not a reflection on day to day care and maintenance. Rather, it is age, functional obsolescence, mechanical systems, windows, energy usage, and structural deferred maintenance. The buildings have had some updating, particularly as concerns safety and fire code requirements. Except for the shop/garage, the buildings are steam heated from a central boiler located in Higbee. The water heater is due for replacement. There are no underground passageways connecting any of the buildings. The cottages have a day room, kitchen and eating area, and staff room. Anthony houses a Head Start Nursery Program in the basement; Shaw houses the main kitchen and dining room on the first floor; and Higbee houses the administration, medical/dental plus program space on the first floor, with the school , library, industry, vocational training, and photography in the basement. 3: EXTERIOR APPEARANCE: Although the facility is clearly an institution. the lack of obvious security measures, such as fencing, and open "cottage" layout in a somewhat wooded residential neighborhood contributes to an attractive nonprison appearance. 4. NOTICEABLE SECURITY: No obvious security except for security devices used on windows. 5. SERVICE FACILITIES: Individual rooms--total of 63 single rooms, plus seven segregation cells. Kitchen--kitchen of Shaw Cottage converted to serve entire institution. Dining room--adequate to seat population of about 60. Commissary/canteen--none. Library/classrooms--school is in the basement of Higbee, consists of one large room for library and classes and two very small rooms. Infirmary (medical/dental]--no infirmary; medical examination and dental in one room. Exercise room--none, apart from activities in the cottage day room, such as pool; recreation space on campus is a fenced area big enough for volleyball . Arts/crafts--must use any space not in use, pottery in kitchen of Higbee, photography in closet in basement, etc. ; arts/crafts are limited as a result. Chapel--small room, basement of Sanford. Visiting rooms--day rooms in cottage only available space. Industry--vocational training and industry share Higbee basement with the school. Counseline--space for counseling and self-help programs consists of four rooms on first floor of Higbee or borrowed office space. Staff offices and lounge--office space for administration on first floor of Higbee very limited and crowded, two or more to an office; cottages each have a staff office, no lounge area provided. Security--security area consists of the second floor of Higbee with ten single rooms that can be locked but are not self-containing; a large day room and a smaller room; a secure area of seven self-containing cells separated by double doors and a sally port, three of these cells can be used as strip cells; no program, visiting or recreational space in this area. For physical exercise, the women are taken to the fenced volleyball area. MEMO TO: John Anderson, City Administrator FROM: David E. Hutton, City Engineer �'' SUBJECT: 6th Avenue Sanitary Sewer (Project No. 1988-2) DATE: April 12, 1988 INTRODUCTION: This memo addresses the amended extension agreement with Orr- Schelen-Mayeron for the above referenced project. BACKGROUND: City Council initially ordered plans and specifications for the 6th Avenue Sanitary Sewer Project in December, 1987 . In March, 1988 , a routine televised inspection of the sewer was done by Public Works and it was discovered that the sewer line in Adams Street between 6th Avenue and 2nd Avenue was in an extremely deteriorated condition and should be replaced. Our consultant estimated the cost of this additional sewer replacement at $60 ,000.00. On April 5 , 1988 the City Council ordered plans and specifications prepared for the sewer in Adams Street between 6th Avenue and 2nd Avenue and included in the 6th Avenue Sanitary Sewer Project (Project No. 1988-2) . The Council also authorized the appropriate City officials to enter into an amended extension agreement with Orr-Schelen-Mayeron to provide professional design services for preparing plans and specifications for the additional sewer replacement. At that meeting, I informed the Council that the preliminary indications from our consultant were that there may be funds remaining from the 6th Avenue extension agreement to go towards the Adams Street addition to the project. I indicated that the new extension agreement may be around $1 , 000.00 - $2,000.00 , which along with approximately $2 ,000 .00 remaining in the 6th Avenue extension agreement would cover the design services for the Adams Street extension to that project. Upon further review by our consultant, it was discovered that the funds for designing the 6th Avenue Sewer are basically depleted. Therefore, the proposed amended extension agreement calls for a _ $5 ,000 .00 cap on their services. Attached are two copies of the amended extension agreement that we received from OSM. As indicated, the fee for their services shall not exceed $5,000.00. 6th Ave. Sanitary Sewer April 12 , 1988 - - Page 2 ALTERNATIVES: - 1 . Approval of the amended extension agreement and authorize the appropriate City officials to execute the agreement. 2. Deny the extension agreement request. RECOMMENDATION: Due to the deteriorated condition of the sewer in Adams Street, ' I recommend that the City Council approve the amended extension agreement with OSM and authorize the appropriate City officials to execute the agreement. _ t REQUESTED ACTION: ' i Move to authorize the City appropriate City officials to execute the amended extension agreement with Orr-Schelen-Mayeron & Assoc . , Inc . for the additional design work of the 1988-2 project. - _1 DH/pmp SEWER OrT Sdiden A ate%lnc �d 2021 Fast Hennepin Avenue Minneapolis,MN 55413 612-331-8660 FAx331-3806 Engineers Surveyors April 6, 1988 Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. City Engineer Re: Contract Extension Agreement 6th Avenue Sewer Reconstruction (2nd Street to 5th Street) OSM Comm. No. 4103.10 Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-b (Major Projects), this extension agreement is for the referenced projects. Orr-Schelen-Mayeron & Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not to exceed $5,000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval , please sign below and return one copy to our office. We look forward to working with you on this project. Yours very truly, Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE &j ASSOCIATES, INC Z4m— LD- i Robert D. Frigaard, P.E. John K. Anderson PAssociate City Administrator John P. Badalich, P.E. Vice President RDF:mlj Attachment ENGINEERING SERVICES FOR 6TH AVENUE SEWER RECONSTRUCTION 2ND STREET TO STH STREET FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES A. DESIGN PHASE 1. Necessary surveying work to prepare final constructions plans (easement work will be extra) 2. Set up soil testing program and evaluate borings (testing to be paid for by the City) 3. Final project design 4. Preparation of design plans, specifications and bidding documents 5. Preparation of detailed construction cost estimate 6. Prepare and submit necessary permit applications to regulatory agencies 7. Assist the City in advertising for bids and provide recommendations for award of contract B. CONSTRUCTION PHASE 1. Provide required construction engineering services as follows: a. Periodic observations of the work in progress (once a week - 4 hours) b. Preparation of supplementary drawings to clarify working drawings c. Review of shop drawings to determine compliance with plans and specifications d. Review of necessary testing done by testing laboratories e. Final inspection and report of completed project f. Completion of as-built plans for City records CONSENT o� MEMO TO: John K. Anderson, City Administrator FROM: Steve Hurley, MIS Coordinator {D RE: Text Database Software ✓� DATE: 4/14/88 INTRODUCTION: The City Clerk's office has asked for a review and recommendation of existing software packages that allow access to large volumes of text. BACKGROUND: The City Code , Building Code , Administrative Policy, Council Minutes, Comprehensive Plan and other documents used by the City are bound or looseleaf, multi-page and are referenced daily by city staff. The volume of text in these documents has been roughly estimated at 3000 pages. Providing an efficient means of accessing and updating this information by placing it in computer memory will save time and money. Two packages have been reviewed , they differ in their solution to the same problem. One is an indexing system that provides page location of the desired text when the appropriate key words are input. These key words need to be determined for each document when the system is setup. The other package allows access to the entire document which has been input either manually or electronically (scanned) . Scanning is the electronic process of transferring images, primarily in the form of text, to a computer readable code . Options available to the City for scanning its existing documents are three . 1 . Contract with a company that does scanning ( $1 .50/page) . 2 . Purchase a scanner for our own use ($2,000- $12 ,000) . 3• Share a scanner with a group of cities (LOGIS) . (Scanner cost would be lower but availability may be a problem) . LOGIS is in the process of reviewing the indexing system and has received favorable response to a survey of member cities. Five cities have indicated an immediate desire and two more a future need. After initially seeing the full text software (TextWare) at a computer vendor show I contacted Rich Sonenblum at LOGIS, he expressed some interest and has been in contact with the vendor. LOGIS would like to make a decision on a specific package by the end of April. After review of both packages I would highly recommend the TextWare product since initial review of each document is not necessary to select key words and because the entire document is stored in the database. Pricing of both packages is as follows: TextWare - $1995 (text and images networked version for five workstations) . This price is only good for the City of Shakopee for the month of April since we had beenin previous contact with the vendor. The current price from the manufacturer has beenraisedto $x+995 . Clerk' s Indexing System - $1500 (first copy of networked version) . $ 150 (for each workstation) . $2250 (total for five workstations) . ALTERNATIVES: 1 . Do nothing. 2 . Purchase text database software without regard for the position LOGIS might take in acquiring similar software. 3. Wait to see what LOGIS does about software. RECOMMENDATION: The Computer Committee has reached a concensus on alternative number 2 . Based on the pricing available to the City and the advantages as listed above I would recommend the City purchase the TextWare software from SNI of Edina at the $1995 price. Even if LOGIS decides on the TextWare package it is to our advantage to purchase at the lower price available to us. If the City waits , the only available Council meeting this month will be bypassed and the pricing advantage offered to us will be lost. ACTION REQUESTED: Move to purchase TextWare software from SMI of Edina for $1995• Funds to come from 1988 MIS Capital Equipment appropriation. AGREEMENT between the CITY OF SHAKOPEE and the SHAKOPEE JAYCEES The City Of Shakopee, via authorization from the Shakopee City Council, has directed the construction of a Football Field at Tahpah Park in accordance with plans and specifications developed by the City Engineer, who shall oversee the project. Phase I which will be primarily site preparation and turf introduction, will occur in 1988. The Shakopee Jaycees hereby agree to reimburse the City for the total cost of the Phase I project with the understanding that perhaps other organizations will also give financial assistance. Payment shall be made by depositing S 5, 000. 00 upon execution of this agreement, an additional $ 15, 000. 00 by June 30, 1988, and the balance by December 15, 1988 with no interest charged. The estimated cost of this project is between $ 20, 000 - $ 25, 000. If additional work is deemed proper in 1988, this can be accomplished by mutual agreement between the City Of Shakopee and the Shakopee Jaycees. Shakopee Jaycees City Of Shakopee President . Date Mayor Date Treasurer Date Administrator Date Clerk Date MEMO TO: John K. Anderson, City NSENTnistrator / FROM: David E. Hutton, City Engineer SUBJECT: Tahpah Park Football Field Agreement with Shakopee Jaycees DATE: April 8, 1988 INTRODUCTION: Attached is a copy of the proposed agreement for the above referenced project. BACKGROUND: The above referenced project consists of constructing a football field at Tahpah Park. The 1988 portion (Phase I) of this project will consist of site preparation and turf establishment. The Engineering Department has estimated the costs for this portion of the project to be approximately $24,400 .00. A copy of the cost estimate is attached for your review. The Shakopee Jaycees have agreed to reimburse the City for the entire costs for Phase I of this project, per the payment schedule outlined in the agreement. A copy of the proposed agreement is attached. ALTERNATIVES: 1 . Approve of the proposed agreement between the City of Shakopee and the Shakopee Jaycees and authorize the appropriate City officials to execute the agreement 2. Modify the agreement to accommodate specific Council concerns and authorize the appropriate City officials to inform the Jaycees of those changes and execute the agreement. 3• Reject the agreement thereby refusing the financial donation from the Jaycees and paying for the project totally out of City funds. RECOMMENDATION: Due to the cooperative efforts and the generous donation offered by the Jaycees, staff recommends Alternative No. 1 , to approve the agreement and authorize the appropriate City officials to execute the agreement. ACTION REQUESTED: Authorize the appropriate City officials to execute the proposed agreement between the City of Shakopee and the Shakopee Jaycees regarding the construction of a football field at Tahpah Park. DH/pmp AGREEMENT i, � 7ABPAB PARK FOOTBALL FIELD %i �i ENGINEER'S ESTIMATE 1 . Salvage Topsoil $ 8,000 .00 2 . Rough Grading $ 5,765.00 3 . Fine Grading $ 31000 .00 4 . Seed & Mulch $ 5 ,400.00 TOTAL COST $22, 165.00 10$ CONTINGENCY $ 2,216 .50 TOTAL COST $24 ,381 .50 CONSENT MEMO TO: John K. Anderson, City Administrator FROM: David E. Hutton, City Engineer """ SUBJECT: Tahpah Park Football Field - Advertise for Bids Project No. 1988-4 DATE: April 8 , 1988 INTRODUCTION: This memo requests authorization to advertise for bids for the above referenced project. BACKGROUND: In February, 1988 the City Council authorized the Engineering Department to prepare plans and specifications forthe construction of a football field at Tahpah Park. Funding for the project will be provided by community donations and Park Reserve Funds . Attached is the January 28 , 1988 memo requesting permission to prepare plans and specifications for the project. The plans and specifications for the football field have been completed. The 1988 portion of this project consists of site - preparation and turf establishment. Our cost estimate for this phase of the project is $24,400 .00. The Shakopee Jaycees have agreed to reimburse the City for the entire costs of Phase I construction. Staff is now requesting Council approval of plans and specifications and authorization to advertise for bids . Following is an anticipated timetable for the completion of this project: April 21 , 1988 Advertise for bids. May 2, 1988 Bid opening (10: 00 A.M. ) May 3 , 1988 Council awards contract May 12, 1988 Contracts signed May 16 - June 16 Construction period. Plans and specifications are available in the Engineering Department and will also be available at the Council meeting. ALTERNATIVES: 1 . Accept the plans and specifications and order the Engineering Department to advertise for bids, based on the proposed timetable listed above. 2. Deny the request for advertising. Footaball Field April 8 , 1988 Page 2 RECOMMENDATION: Due to the critical timing for seeding and establishing grass, staff recommends Alternative No . 1 , ordering the Engineering Department to advertise for bids for the Tahpah Park Football Field. REQUESTED ACTION: Move to approve the plans and specifications and order the Engineering Department to advertise for bids for the Tahpah Park Football Field, Project No. 1988-4. DH/pmp BID lii6tlakaPcr Lammunitg t3eraires 129 levee Drive 1 Shakopee. Minnesota 55379-Phone 445-2742 4452742 Communing Education • Parka Recreation Adult Education Memo To: John Anderson, City Administrator From George Muenchow, Community Recreation Director Subject: Site Planning 6 Construction-Tahpah Park Football Field Date . January 28, 1988 Introduction Tahpah Park is a City Of Shakopee Community Park providing facilities for the Playing of softball, baseball, and football/soccer. A Master Plan was developed 15 years ago. The Shakopee Jaycees have functioned since then as a partner in the development of the park. All softball and baseball fields are in place and are being used. The football field is yet to be built. Background The current Park Capital Improvement Program Plan indicates that the football field should be constructed during the years of 1986-1991. Designated funding sources are the Shakopee Jaycees and the Park Reserve Fund. The Shakopee Jaycees have allocated approximately $20,000.00 towards this project in 1988. The Shakopee Youth Football Association also has funds that they are willing to expend. At the present time there is an urgent need for this field. The Shakopee Youth Football Association, an Auxiliary Agency of Shakopee Community Recreation makes use of football playing space at the Sr High School and in the outfield of the Tahpah Park Baseball Field. As volunteers they are basically only available to work with these youngsters after working hours. One more lighted field is needed. Shakopee Engineering Department is ready to provide the lead in the preparation of site plans etc. Authorization is needed from the City Council giving Permission for them to work on this project. Estimated time - 40 hours. Alternatives 1. Authorize City Engineering Department to prepare plans and specifications for the construction of the Tahpah Park Football Field. 2. Deny the request for Engineering Department involvement at this time, recognizing that the Youth Football Program will continue to suffer for lack of adequate facilities. _ Recommendation Staff recommends that the Shakopee City Engineering Department be authorized to develop plans and specifications for the construction of a football field at Tahpah Park with the cost to be absorbed from funds in the Park Reserve Fund and community donations. 4 rnnncwe Tivr rxcnor nr+ur �m,n-c�.� �.n-r n.•� .a...,. .....-. . --.,,c.. .-. .,.. . TAHPAH PARK W+E S r - - - - - - - - - - - - - - - - - - - - - - - - -� _ I I 6 1 I I 1 S 3 1 4 1 I . I /� TOT- LOTCOn<fSi. 1 I PARKING LOT I - EnC r�ncc/Ez1[ V] I v 8 _E I r. I � I L BASEBALL FIELD 9 p =0C7Bki.L F=ELD C � NSe, nrT i 0-I TO: Mayor, Councilmembers FROM: , Tom Brownell, Chief of Police RE: Narcotics Task Force Grant DATE: April 5, 1988 INTRODUCTION Since January 1, 1988, the department has been participating in a joint narcotics task force. Authorization to disburse the city's matching funds is requested. BACRGROU On September 24, 1987, the department requested and received council approval to participate in the task force and $5,000. was budgeted for 1988 as matching funds. The matching funds are due and the department is requesting council authorization to disburse the funding. RECOMMENDATION Authorize city staff to disburse $5,000. , to the Southwest Metro Task Force. COUNCIL ACTION REQUESTED Authorize city staff to disburse $5,000. , to the Southwest Metro Task Force in payment of the city's portion of matching funds for a Federal narcotics enforcement grant. SOUTHWEST METRO TASK FORCE JOINT POWERS AGREEMENT THIS AGREEMENT is made by and between Carver County, Scott County, South Lake Minnetonka, Chaska, Chanhassen and Shakopee through their respective law enforcement agencies. WHEREAS, Minn. Stat. 471. 59 provides for the joint exercise of powers by two or more governmental units and specifically allows for joint exercise of police power; and WHEREAS, the Southwest Metro Task Force has been created by the parties for the interdiction of drug traffickers and street- level dealers in the named jurisdictions; NOW, THEREFORE, in consideration of the mutual promises contained herein., the parties agree as follows: I. PURPOSE The purpose of the Southwest Metro Task Force is to provide a comprehensive and multi-jurisdictional effort to reduce drug trafficking and eliminate local street-level dealers through the coordination of law enforcement activities. Once established and funded, the Task Force operations are to be coordinated by the South Lake Minnetonka Public Safety Department. Agents will be licensed police officers paid through the Task Force fund comprised of pooled local and federal monies. Agents will act as gatherers of information. Offenses taking place in a specific jurisdiction will involve the arrest of individuals by that jurisdiction's conventional law enforcement personnel and prosecution by the local jurisdiction. Agents will have discretionary powers of arrest in all jurisdictions. Pursuant to Minn. Stat. 471. 59, Subd. 12, agents licensed as Minnesota police officers may cross jurisdictional boundaries for the purpose of gathering information for the successful completion of their cases. I I. FUNDING The Task Force is to be funded by a combination of federal and state money. South Lake Minnetonka, on behalf of the parties , applied for and received a federal grant in the amount of Seventy-Three Thousand One Hundred Eight and 00/100 Dollars (73 , 108. 00) . The grant amount, plus a Five Thousand and 00/100 Dollar ($5 , 000. 00) contribution from each municipality shall be transferred to South Lake Minnetonka for the administration of the Task Force. Funds may be disbursed by South Lake Minnetonka, for purposes including, but not limited to, pension payments, insurance and other costs, according to applicable State law and with the agreement of the parties. The books, records and documents relevant to this Agreement shall be subject to audit by the parties or the State of Minnesota at reasonable times upon written notice. Strict accountability of all funds, receipts and disbursements shall be provided for. III. TERM This Agreement shall commence January 1, 1988 , and terminate December 31, 1988. IV. DISTRIBUTION OF PROPERTY All forfeitures of property, money and other assets will be divided equally among participating agencies at the termination of the program. All permanent equipment purchased through the program shall be shared by the participating agencies on a need basis during and after program termination. Any surplus monies after the purpose of the agreement has been completed shall be returned to the parties in proportion to their contributions. -2- V. LIABILITY All worker 's compensation claims will be handled by the jurisdiction in which the Agent is employed. All civil liability claims involving Task Force Agents or Board Members will be indemnified by the Task Force insurance policy. VI. GENERAL PROVISIONS This program is to be administered under the jurisdiction of the Bureau of Criminal Apprehension. All activities are to be consistent with and subject to the grant application (attached and incorporated by reference) , as well as applicable state and local laws. Dated this day of 1988. CARVER COUNTY SCOTT COUNTY By: By: Dated: Dated: SOUTH LAKE MINNETONKA CITY OF CHASKA By: By: Dated: Dated: CITY OF CHANHASSEN CITY OF SHAKOPEE By: By: Dated: Dated: -3- C' �NSe. NT Memo To: John K. Anderson, City Administrator / From: Gregg VOXland, Finance Director Re: Abatement for Hoy Property Date: April 7, 1988 Introduction The HRA purchased three parcels from Mrs. Hoy in December 1986 and therefore those parcels should be tax exempt. Background The HRA purchased land on the corner of 1st and Holmes from Mrs. Hoy in December 1986. County records do not reflect the HRA as the owner, therefore tax statements were produced for the parcels. County records are being changed to show the HRA as owner. Council action is required to abate the taxes for payable 1988. Action Reauested Move to approve the abatement of payable 1988 taxes for parcels 27- 001041-0, 27-001042-0 and 27-001043-0. The parcels were bought by a tax exempt entity (HRA) in 1986 and therefore should be tax exempt for 1988. GV:mmr CoNse.N 7— MEMO [l MEMO TO: John K. Anderson, City Add dij22TT���.�55trator " D�� FROM: Judith S. Cox, City Clerk RE: Termination of Probation of ceptionist DATE: April 14, 1988 INTRODUCTION• The receptionist has successfully completed her probationary period of employment with the City and it is appropriate that she now be made a permanent employee. BACKGROUND: On July 7, 1987, Council appointed Tamara Vidmar to the position of Receptionist/Typist at Step One of the 1987 pay plan effective July 13, 1987 with a six month service credit. On January 26th the probation was extended an additional three months because Tami was having difficulty with promptness. This has been corrected. Upon completion of the probationary employment, Tami will move to a Step Two of the pay plan. ALTERNATIVES: 1) Terminate probation 2) Extend probation 3) Terminate Employee RECOMMENDATION: Alternative No. 1, terminate probation and appoint Tamara Vidmar as a permanent Receptionist/Typist. ACTION REQUESTED: Terminate probation and appoint Tamara Vidmar as a permanent Receptionist/Typist. 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C E E c E (A k G No -i 3 Y a L S Y L O ow E W 6 N E .� E [— W L .i FW G E O..i N 3 >a .+ V > W V O Op W O 0 0 cJ O W Y m C C V DU UCS- M = W i ¢ O O z v of n1 W O .i N N 1p ti W of cp c0 O O N O O L O O u O O ¢ u O O M V� Y N N m co Ila, MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer / ci SUBJECT: 11th Avenue Feasibility Report DATE: April 14, 1988 INTRODUCTION: Staff has received a petition for street and storm sewer improvements on 11th Avenue from County Road 79 to Minnesota Street. BACKGROUND: Staff has received a petition from the developer of Meadows 1st Addition for street and storm sewer improvements on 11th Avenue from County Road 79 to Minnesota Street. The attached petition was signed by the current property owner but since the transaction has not been closed yet, the previous property owner will be submitting a duplicate petition prior to the April 19th Council meeting. The City Attorney will review the adequacy of the petition. The developer has received approval from the Planning Commission on the preliminary plat for Meadows 1st Addition. The northern boundary of this subdivision is the centerline of 11th Avenue. Due to the fact that the street and storm sewer improvements for 11th Avenue would abut existing properties along the north side of 11th Avenue as well as the lots in the new subdivision, the developer has petitioned the City to construct the improvements on 11th Avenue via the 429 assessment process. On April 13, 1988 you, Judy Cox, Doug Wise, and myself met with the developer and his consulting engineer to work out the details of the developer ' s agreement. At that meeting, the developer indicated that they would install the sewer and watermain in 11th Avenue, as well as rough grade the road, since the existing homes along the north side of 11th Avenue currently have sewer and water service. All improvements on the remaining streets shown on the preliminary plat, with the exception of Vierling Drive, will be constructed by the developer in accordance with a developer' s agreement. The portion of Vierling Drive as it fronts on the proposed lots shown on the preliminary plat will also be constructed by the developer. The remaining portion of Vierling Drive will not be constructed under this phase of the development, although the entire street has been dedicated. 11th Ave. Feasibility Report April 14 , 1988 Page 2 The feasibility study , if ordered , will address stormwater drainage, proposed street elevations and cross sections ; cost estimates for street and storm sewer construction and a preliminary assessment report. Resolution No . 2881 accepts the adequacy of the petition and orders a feasibility study of petitioned improvements on 11th Avenue. ALTERNATIVES: 1 . Adopt Resolution No. 2881 acting on the submitted petition and ordering the City Engineer to prepare a feasibility study of improvements on 11th Avenue, if deemed necessary. 2. Determine that 11th Avenue is not necessary for this development and deny their petition for improvements. 3. Determine that 11th Avenue is necessary but deny their petition for improvements on the basis that existing properties along the north side of 11th Avenue will not benefit from the construction and therefore should not be assessed. RECOMMENDED ACTIONS: Staff recommends Alternative No. 1 . Staff feels that 11th Avenue is necessary and should be constructed. As to whether or not the existing property owners benefit from the new street, the proposed feasibility study will attempt to address that issue. REQUESTED ACTION: Move to adopt Resolution No. 2881 , A Resolution Declaring Adequacy of the Petition and Ordering Preparation of a Report for Street and Storm Sewer Improvements to 11th Avenue, from County Road 79 to Minnesota Street, Adjacent to Meadows 1st Addition Subdivision and move its adoption. DN/pmp MEM2881 NEW PROPERTY OWNEFC - TRANSFER HAS NOT YET TAKEN PLACE PETITlON FOR PUBLIC IMPROVEMENTS APRO CITY The undersigned ee to ' hereby y petitions the City of Shakopee to install the foll0wint imorovenents where noted and to assess them pursuant to Minn-sot;; Statutes Chapter 429: P.venue/Ez- -- from to -,a' A) A) r-- S Q n by (improvements requester The undersigned hereby waives their right to z public hearing prior t0 Council 0z•dering the inprovements and z. :valves their right t0 a public hearing prior to the levying of the assessments related to said improvements and further waives ail rights to appeal said Essessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as z result of the installation of the above Improvements . la-ed --s day o: Z &,' L_ lg ��• q STATE 07 MINNESOTA ) - - ) SS (INDIVIDUAL ACKNOWLr G- 71,,T) COUNTY OF ) On this c2lp c- 2 -- _> - -ore me, 2 lictary and for sadd County , personally appeared i 6 and > being sworn, did say that said -.nst_ ,. enz ..c_ execiaed as te�r __ ee act and deed. RESOLUTION NO. 2881 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of Report of Street and Storm Sewer Improvements to 11th Avenue from County Road 79 to Minnesota Street Adjacent to Meadows 1st Addition Subdivision BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . A certain petition requesting the improvement of Street and Storm Sewer Improvements to 11th Avenue from County Road 79 to Minnesota Street Adjacent to Meadows 1st Addition Subdivision, filed with the Council on April 19 , 1988 , is hereby declared to be signed by the required percentage of owners of property affected thereby . The declaration is made in conformity to Minnesota Statutes, Section 429 .035• 2 . The petition is hereby referred to Dave Hutton, City Engineer, and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement , and estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19_• City Attorney 4/.19/88 Current property owner. - City Attorney has approved petition as fulfilling Chapter 429 requirements. CITY OF SMAKOPEE e / PETITION FOR PUBLIC DMFSThe undersigned hereby petitions the City of Shakpee to install the following improvements where noted and to assess than pursuant to Minnesota Statutes Chapter 429: 11th Avenue/Sheet from ND 79 - to Minnesota by Public fund to install _ city street and at= sewer (rmpraverents requested) V The undersigned herby waives their right to a public hearing Prior to Council ordering the improvements and also waives their r_ right to a public hearing prior to the levying of the assessments related to said improvements and further waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chanter 529 as a result of the installation of the above improvements. Dated this 18th day of Anrim 19 88 B�t/TH9 MI I FRP B CFNNARv MIMADnu Assistant Treasurer STATE OF MDQESOTA ) - ) SS (INDIVIDUAL ACNDN'L..D'$T'u-TT) CCONry OF Ramsey ) On this .a.:,day of n„rs� 19 gS before me, a NW.ary Public within and for said County, personally appeared Donald L. Sheldon Assistant Treasurer and being Sworn, did say that said instrument was executed as their free act and deed. - - :,�,.�• - Notary Dee E. Monson This instrument was drafted by: Judith S. Cox City Clark City of Shakoose 129 East 1st Avenue Shakopee, M 55379 O0NSENT A MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Request for a Variance from the Subdivision Requirements DATE: April 15, 1988 INTRODUCTION• The City has received a request from Donald R. Deland to grant a variance from the platting requirements for dividing one parcel of property into two, the property is located on Hauer Trail within the Hauer's Addition. BACKGROUND: Attached is a letter from Donald R. Deland explaining the request. The letter provides sufficient background for the request. ALTERNATIVES• 1. The City Council may pass Resolution #2883 granting a variance from the subdivision requirements as allowed by Minnesota Statutes Section 462.358 Subd. 4 (b) . 2. The City Council may pass a motion denying the request and directing the applicant to file a preliminary and final plat for splitting of the property. STAFF RECOMMENDATION: A conference call was held between the Planning staff, City Administrator, the City Attorney and the Assistant City Attorney regarding this matter. It was the recommendation of the City Attorney and the Assistant City Attorney that the request be granted by the City Council. ACTION REOUESTED: Offer and approve Resolution #2883 approving the filing of a deed. 3095 Hauer Trail Shakopee, Minnesota 55379 April 14, 1988 Mrs. Delores Lebens, Mayor and Members of the Shakopee City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Deland Lot Split Dear Mayor and Council Members: In 1967, I purchased my home on approximately a one-acre parcel of land in what was then Eagle Creek Township in Hauer's Addition. My home is located at the corner of Hauer Trail and Jasper Road. In addition to the one-acre parcel, I purchased land between my home and County Road 16 along side of and westerly of Jasper Road. My one-acre parcel has approximately 325 feet of frontage on Hauer Trail. In 1975, the City of Shakopee instituted a public improvement project putting in a watermain along Hauer Trail, and bituminous surface and curb and gutter over Hauer Trail. At that time, the City assessed my one-acre parcel as though it were two lots. I did not object to this because I knew someday I would be selling off half of my lot. I have paid those assessments in full. In 1981, the City adopted a second public improvement project effecting my property, this one for sanitary sewer. Again my one-acre parcel was assessed a double assessment, and again I did not object since I knew I would someday sell off half of my lot. That time has now come and I wish to sell what is approximately the west 108 feet of my parcel to a buyer who wishes to construct a new home on it. You can see the size of the parcel I wish to sell on the attached survey, it being over 19,000 square feet. In checking with the city staff, I find there is a problem in utilizing what is referred to as "a simple lot split" under the .Shakopee Ordinances. Because my original lot was not platted but was approved to be sold by metes and bounds description by Eagle Creek Township, I do not qualify for a simple lot split. Consequently, I have been informed by the staff that it will be necessary for me to plat my one-acre parcel. This makes little sense since the plat would not involve any dedication to the public since no dedication is needed. The cost of having to plat to create two lots out of one parcel is simply prohibitive and I think in these circumstances unnecessary. Since Eagle Creek Township approved my one-acre parcel and since the City of Shakopee has twice officially treated it as two separate lots and Mrs. Delores Lebens, Mayor I/ and Members of the Shakopee City Council Page -2- April 14, 1988 assessed it twice as two separate lots, I am requesting that the City Council of Shakopee utilize the authority in Minnesota Statute Section 462.358, Subd. 4(b). This statute allows the City to approve the filing of a deed creating a second unplatted lot in cases in which compliance with the platting requirements will create an unnecessary hardship and failure to comply with the platting require- ments does not interfer with the purpose of Subdivision Regulations. In such a case, by resolution the City Council can approve the conveyance. I would point out that "unnecessary hardship" is not defined but I would suggest it is different from the "hardship" requirements of your variance ordinance which specifically exclude financial hardship. There is no such exclusion in the state law and I believe that the cost of having to plat does create a severe hardship for me especially in view of the City's past actions in treating my property as two lots. Certainly approval of this lot split by me would not interfer with the purpose of your Subdivision Regulations, since there is no public need for platting. The City neither needs nor requires any additional land for street or utility purposes, since all of the utilities and the street are already in place. In summary, I am asking you to approve the enclosed Resolution authorizing my splitting of this lot because due to a "crack" in the simple lot split ordinance I do not qualify under that ordinance, and due to the fact that you have in the past treated my lot as two lots not as one, and the cost of platting would simply be prohibitive for the purpose of creating just one additional lot. I would be happy to appear before the City Council and discuss this further if that would be helpful. I thank you in advance for your consideration. Yours very truly, Donald R. Ueland Enclosure RESOLUTION 2883 ' RESOLUTION APPROVING THE FILING OF A DEED WHEREAS, D.E. Ueland and Dorothy L. Ueland, husband and wife, are the owners of a one-acre parcel of land located in the City of Shakopee, County of Scott, State of Minnesota, commonly referred to as 3095 Hauer Trail; and WHEREAS, the parcel owned by the Uelands contains approximately one acre of land and has approximately 325 feet of frontage on Hauer Trail; and WHEREAS, bituminous street, curb and gutter, sanitary sewer and city water are in place and serving the entirety of said frontage on Hauer Trail; and WHEREAS, the City of Shakopee has twice assessed said parcel as two lots recognizing said parcel would someday be split into two lots of record; and WHEREAS, the requirement to plat said parcel would require an unnecessary hardship in time and money and the failure to plat said parcel into two lots does not interfer with the purpose of the City of Shakopee Subdivision Regulations; NOW, THEREFORE, be it resolved by the City Council of the City of Shakopee as follows: 1. That the City of Shakopee does hereby approve under the authority given it by Minnesota Statutes 462.358, Subd. 4(b), the creation of a new parcel of record legally described on Exhibit A, which is attached hereto and incorporated herein by reference, and does authorize the filing of a deed for the parcel described on Exhibit A. Adopted in the session of the Shakopee City Council on the day of April, 1988. CITY OF SHAKOPEE Delores Lebens, Mayor ATTESTED TO BY: Judith S. Cox, City Clerk eesr4 �Q�'� rddy /( / DESCRIPTION That part of the Southwest Quarter of the Northeast Q Section 8, Township 115 , Range 22 , Scott Count described as follows : Quarter of said Southwest Commencing at the Y• Minnesota, bearing Quarter of the Northeast Quarter; corner of be ringthe of North along the east thence on a Northeast Quarter, line of said Southwest Q North 61 degrees 44 m distance of 575 . 04 feet ; Quarter 28.40 feet ; minutes 00 seconds West a thence Southwest Q thence South, parallel with distance of 285.20 fee Quarter of the Northeast Q the east line of thence North 62 Quarter, a Of of said a distance of 143. 93 feet degrees to be described; t° the es 23 minutes 20 seconds West, 20 sec thence con poi of beginning of the land ones West, a distance tof u8. 5 North 62 degrees 23 minutes 11 minutes East, a distance 57 feet ; thence 23 minutes 20 seconds °f 62. 90 feet; thenceNNort 10 degrees Soutfeet; 32 degrees 48 minutes OUestance of 74 .48 feet ; thence 62 thence South 65 degrees seconds West, a distance o distance of 108.00 fee gees 22 minutes 00 seconds f 194 . 91 00 seconds East, t ; thence North 32 de East , a beginning. a distance of 128 . 96 feet deg 48 minutes to the point of EXHIBIT A